Test case judgment favours mining firm

Press, 9 February 1982, Page 24

Test case judgment favours mining firm

PA Hamilton The Soil and Water Conservation Act does not give a catchment board a “blank cheque” to impose environmental conditions on mining companies, according to a Planning Tribunal judge. The judge’s test case decision overthrows a condition which would have forced a mining company, Amoco (NZ), Ltd, to pay about $46,000 in bonds to cover its Coromandel prospecting. Judge A. R. Turner’s decision results from an appeal filed by Amoco against conditions which the Hauraki Catchment Board tagged to water rights granted to the company for diamond drill- t ing prospecting. The hearing, which is widely seen as a test case in the mining issue, forms a sequel to a longstanding battle between the Environmental Defence Society and Amoco over the water rights. The judge’s decision cancels four of the conditions the board had sought to impose, including one which would have forced the company to pay about $46,000 in bonds to cover its planned prospecting on Coromandel. Also cancelled was a condition requiring the company to analyse stream samples. While that condition was “i “unreasonable,” the board could require the company to supply a sample of drilling effluent to be taken occasionally to obtain information about the ground water. Appeal rejected The Auckland District Committee has dismissed an appeal against a change of placings by the Auckland Racing Club judicial committee in the Breeders' Plate at Ellerslie on Boxing Day. Andretti was first past the post in the Breeders' Plate from Silver Surf and Freewheeling but after a protest on the ground of alleged interference Andretti was relegated to third. Silver Surf promoted to first and Freewheeling to second place. — . PA. __ Train loot found Police investigating Switzerland’s biggest train robbery say they have found almost two-thirds of the haul near the corpse of one of the gang’s members. The gunman had apparently died after being shot in the thigh, probably accidentally, the police said. His body was found on the banks of a river a few kilometres from Lugano. Nearby the police I found 34 kg of gold and cash l worth about $616,000. — LuI gano.

Judge Turner said the conditions imposed on rights granted under the Soil and Water Act must be limited to the consequences of taking, use, and discharge of water. “Other consequences of the prospecting activities should be regulated by conditions imposed on licences granted under the mining act. “In particular, such consequences as the prospecting activities may have on soil conservation and rivers control, should be regulated by conditions imposed on mining licences, not by conditions imposed on water rights.” The Judge said it could be

the case that licences and rights granted for mineral prospecting had so far not been “sufficiently integrated,” but he hoped the Mining Amendment Act would lead to “integrated and complementary conditions in future.” The tribunal heard arguments presented by Amoco, the board, the Environmental Defence Society, and members of the Thames Coast Residents and Ratepayers’ Association. Both environmental groups and Amoco agree that the judge’s decision will set the ground rules for the handling of prospecting.