This
is old news, but also news that the government and most of the media
would prefer NZ'rs didn't know about. Word is that it was embargoed by the government.
The John Key regime wants to mine the area and the Forest and Bird Society is campaigning to save it.
High
Court Decision Boosts Bid to Save Denniston Plateau
7
June, 2013
Forest
& Bird Top of the South Field Officer Debs Martin is delighted
that the High Court has ruled in favour of the conservation
organisation by finding errors of law in the Environment Court’s
interim decision released in March.
“This
decision means the Environment Court will have to re-evaluate several
points in our case to save Denniston from being open-cast mined. The
Environment Court judge has already said that the case is ‘finely
balanced’ so we’re hopeful today’s decision will cause the
balance of his decision to shift in favour of protecting Denniston
Plateau’s unique landscape, plants and animals.”
A
key component of Forest & Bird’s Environment Court appeal
concerns the inability of mining company Bathurst Resources to
adequately address the environmental damages caused by the 188ha
open-cast mine and surrounding operations through predator control
near the mine site and 100km north in the Heaphy catchment. Today’s
decision strengthens Forest & Bird’s argument by clearly
delineating between mitigation and offsetting. This distinction is
important because activities that are “mitigation” get special
consideration.
“It’s
a really significant point for us, both for this case and also future
cases involving offsets,” Debs Martin says. “In this case, we
argued that mitigation must directly reduce the impact of the mining
activity. The offset proposals could not be mitigation as they
weren’t related to the mining activities and would occur in areas
away from the proposed mine.
“The
High Court agreed with us that the offsets were not mitigation, and
should not be treated as such. In respect to Denniston, this means
that the predator control offset proposed by Bathurst will not be
treated as mitigation.”
This
ruling will also have significant implications for similar cases in
the future, by clarifying what mitigation is, and provide greater
certainty around what is required to protect special places like
Denniston.
“We’re
encouraged by the High Court’s ruling. Winning the point about
offsets and mitigation was critical to our case and we now look
forward to returning to the Environment Court next week,” Debs
Martin says.
The
High Court judge also reiterated that the Environment Court has not
yet made a decision whether or not to grant the application to mine
on the Denniston Plateau.
HERE
is some background on the heritage Denniston Plateau of the South
Island, NZ that the government wants to mine
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