The issue of whether water should be granted for a new $1 billion power scheme on the lower Waitaki River was back before the Environment Court again yesterday in Oamaru.
In an interim decision last September, the court said four water-only consents needed for the Meridian Energy Ltd north bank tunnel concept power scheme were "likely to be granted" if it could be satisfied with amended conditions, in particular relating to braided river birds and wetlands.
Since then, Meridian has amended conditions after discussions with parties involved in the court hearing last year.
Meridian legal counsel Jo Appleyard told the court there had been a "considerable amount of progress" and the remaining issues were fairly narrow.
The focus of discussions was on conditions relating to wetlands, access to gamebird shooting areas, legal protection of wetlands, when mitigation and research should start, long-term legal access to wetlands, braided river birds, the recreation development plan, funding and protection for irrigators and irrigation schemes.
One change will result in more breeding habitat being created for river birds.
The number of islands to be cleared and maintained for breeding has been increased from three to five, and the total area from 10ha to 50ha.
Meridian had proposed setting up a recreation development plan fund, providing $1 million to develop a plan and then $250,000 a year for 35 years, distributed by a charitable trust, for recreation.
However, that has now been changed to make that fund also available for environmental enhancement for birds and wetlands development and maintenance, over and above those provided in the conditions.
Clarification was also sought from the court about when Meridian had to exercise the use of the consents before they lapsed.
Meridian had originally sought a 12-year lapse period, but the court had indicated it thought that was too long, indicating six years.
Ms Appleyard said Meridian and Waitaki First wanted the condition to be interpreted as applying for further consents rather than a decision being made on those consents.
Judge Jon Jackson agreed with that.
Ms Appleyard pointed out Meridian did not control the length of the resource consents process, which could be frustrated by opponents making successive appeals.
Another issue was an undertaking by Meridian to clear vegetation along the river from the Stonewall to the sea.
The Lower Waitaki River Management Society and Dugald MacTavish wanted that as a condition of the consents.
However, Ms Appleyard supported the court's contention that, because the vegetation control was below the outfall of the scheme at Stonewall, it did not relate directly to mitigation for the development.
Meridian had undertaken to ensure the clearance work was guaranteed in agreements with the Waitaki Protection Trust and Environment Canterbury.
Some funding for that could come from the extended recreational and environmental fund.
Vegetation clearance above the Stonewall to the Waitaki dam was in conditions.
