Coromandel Watchdog Wins Prohibition on Mining
Coromandel Watchdog Wins Prohibition on Mining on Coromandel Peninsula
Coromandel Watchdog has won a landmark legal battle to protect conservation and coastal land in the Thames Coromandel District from mining. In a decision released today the Court of Appeal has upheld Watchdog’s appeal from earlier decisions of the Environment Court and High Court.
Coromandel Watchdog sought to have prohibited all mining on land zoned “conservation” or “coastal” in the Thames Coromandel District Plan
The legal case relates to the definition of "prohibited activity" in the Resource Management Act.. The Environment and High Court's decisions were to provide a very restricted definition, which effectively would have allowed a mining company to apply for a resource consent for an opencast or underground mine in the conservation and coastal zones.
Todays decision means the Thames Coromandel Council has legal confirmation that it may prohibit mining on conservation land (which comprises 70% of the Coromandel Peninsula), and on the magnificent coastal areas of the District..
The appeal was opposed by The Minerals Association which represents most major mining companies, and controversially by the Ministry of Economic Development.
Watchdog has been extremely fortunate to have
secured expert legal counsel to represent it (Robert Enright
of Kensington Swan). In addition, both the Auckland Regional
Council and the Auckland City Council agreed to back
ARC and ACC, and most other local authorities in New Zealand, regularly use prohibited activities as an effective tool under the Resource Management Act,
Watchdog’s victory continues it proud history, dating back to the 1970’s, of environmental activism to protect the unique Coromandel environment from the devastating effects of gold mining.