“The fear has been that the Fast-track Approvals Act
would approve every application regardless of its
environmental impacts. The draft decision on the
Trans-Tasman Resources offshore mining project shows
that’s not the case,” said EDS Chief Executive Gary
Taylor.
“Far from being “embarrassing” as
suggested by a mining industry spokesperson, the decision
indicates that the Act can work and that even big projects
that don’t meet acceptable environmental thresholds and
that overstate their benefits, will get refused consent by
expert panels. That’s how the proportionality test of
section 85 of the Act is supposed to work (and is consistent
with what EDS submitted to the Panel).
“It’s worth
remembering that originally the idea was that Ministers
would make these decisions. A reading of the draft, which
runs to over 400 pages, impresses with the degree of
analysis and care taken by the independent Panel that was
set up to consider the project. It is a robust, forensic
consideration that reflects the maturity of our resource
management system and the expert professionals in it. It has
a thoroughness that would not be evident if the decisions
were political ones.
“Does the decision constitute a
precedent? Not in the strict legal sense because each
project has its own Panel and they are not bound by previous
decisions. But what it does show is that even big, complex
projects are not going to get an automatic pass
card.
“For those concerned about another big mining
project, the massive opencast mine near Cromwell, that will
be encouraging. Approval of the Santana mine is not a
fait accompli. The fact that we have a larger panel
(seven) and a longer time frame than TTR, indicates that
there will indeed be a very thorough
inquiry.
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“Surprisingly then, the Fast-track Act can
work, notwithstanding its weak environmental thresholds. Bad
projects can get refused. While the TTR decision is a draft,
it so comprehensively rejects the applicant’s contentions
on multiple counts that it’s hard to see that being
reversed when the final decision is released.
“New
Zealand is then not a third world country where offshore
miners can come in and demand consent for any harmful
activity. We have standards,” Mr Taylor
concluded.
EDS speaks for the environment. It has influence.
Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand
through law and policy change. That’s why it’s one of this country’s most influential non-
profit organisations when it comes to achieving better environmental outcomes.
EDS has expertise in key disciplines including law, planning, landscape and science. It
operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together
the private and public sectors for constructive engagement.
EDS runs conferences and seminars on topical issues, including an annual Environmental
Summit and the Climate Change and Business Conference.
EDS is a registered charity and donations to it are tax-deductible.
