Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


EDS concerned about high uncertainty in Trans-Tasman Case

Media Release: EDS concerned about high uncertainty in Trans-Tasman Resources case

EDS has presented its closing legal submissions to the Decision-Making Committee (DMC) considering an application from Trans-Tasman Resources (TTR) to mine iron sands in the Exclusive Economic Zone off the west coast of the North Island. The hearing was adjourned yesterday following the presentation of Trans-Tasman Resources closing submissions.

“EDS’s closing submissions focused on the requirement for the DMC to favour caution and environmental protection when reaching a decision. We also commented on the consent conditions proposed by Trans-Tasman Resources,” said EDS Policy Director Raewyn Peart.

“The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act (EEZ Act) requires ‘caution and environmental protection’ to be ‘favoured’ where there is uncertainty or inadequacy in the information available to the decision-maker. In our view, such uncertainty clearly exists in the TTR case. As a consequence the decision must ensure that environmental protection is achieved. However, EDS submitted that the proposed consent conditions would not achieve this.

“TTR’s proposed conditions require various adverse effects to be no more than minor (or similar). EDS, along with other submitters and the EPA staff report, concluded that such conditions were too vague and subjective and would be unenforceable if the need arose in the future.

“Although the consent conditions would require more precise standards to be developed following two years of baseline monitoring, the DMC has to decide now, whether the environmental effects of the project are acceptable or not. In EDS’s view, it cannot delegate this decision to a future process that will occur behind closed doors.

“Our submissions also addressed environmental compensation which becomes relevant if the DMC grants consent. Environmental compensation is now commonly expected for large projects consented under the Resource Management Act. EDS submitted that a similar approach should be applied under the EEZ Act to address significant residual environmental effects.

“EDS also questioned whether the DMC has the jurisdiction to impose conditions addressing discharges (a key effect of the project). The EEZ Act does not currently manage discharges, although an amendment to the Act will soon come into force to fill this gap. We have a real concern that any conditions addressing discharges could be challenged in the future.

“EDS has invested a considerable amount of time and effort into this hearing and no funding for cases under the EEZ Act is available from the Environmental Legal Assistance Fund. We appreciate the support we have received to date from the public to enable us to participate in these demanding processes,” Ms Peart concluded.

To support EDS’s case, visit our website www.eds.org.nz and make a donation.

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

PARLIAMENT TODAY:

Arming Police: Frontline Police To Routinely Carry Tasers

"In making the decision, the Police executive has considered almost five years worth of 'use of force' data… It consistently shows that the Taser is one of the least injury-causing tactical options available when compared with other options, with a subject injury rate of just over one per cent for all deployments." More>>

ALSO:

Gordon Campbell: On D-Day For Dairy At The TPP

While New Zealand may feel flattered at being called “the Saudi Arabia of milk” it would be more accurate to regard us as the suicide bombers of free trade. More>>

ALSO:

Leaked Letter: Severe Restrictions on State Owned Enterprises

Even an SOE that exists to fulfil a public function neglected by the market or which is a natural monopoly would nevertheless be forced to act "on the basis of commercial considerations" and would be prohibited from discriminating in favour of local businesses in purchases and sales. Foreign companies would be given standing to sue SOEs in domestic courts for perceived departures from the strictures of the TPP... More>>

ALSO:

"Gutted" Safety Bill: Time To Listen To Workplace Victims’ Families

Labour has listened to the families of whose loved ones have been killed at work and calls on other political parties to back its proposals to make workplaces safer and prevent unnecessary deaths on the job. More>>

ALSO:

Regulators: Govt To ‘Crowd-Source’ Regulatory Advice

A wide-ranging set of reforms is to be implemented to shake up the way New Zealand government agencies develop, write and implement regulations. More>>

ALSO:

Board Appointments: Some Minister Appoint Less The 3 In 10 Women

“It’s 2015 not 1915: Ministers who appoint less than 3 in 10 women to their boards must do better, they have no excuse but to do better,” said Dr Blue. More>>

Gordon Campbell: On The 1990s Retro Proposals For Our Health System

As we learned yesterday, the reviews propose that the democratically elected representation on DHBs should be reduced, such that community wishes will be able to be over-ridden by political appointees. In today’s revelations, the reviews also propose a return to the destructive competitive health model of the 1990s. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news