WELLINGTON, New Zealand,
Aug. 29, 2018 /CNW/ - Chatham Rock
Phosphate (NZ: CRP) ("CRP" or "the Company") today notes the
decision made in the High Court of New
Zealand on 28 August 2018 to
quash the decision to grant a Marine Consent to Trans-Tasman
Resources ("TTR"), on the basis that the Decision Making Committee
(DMC) erred in applying an adaptive management approach to
discharges, in contravention of the Exclusive Economic Zone and
Continental Shelf (Environmental Effect) Act 2012.
CRP also notes that the remaining eight points of appeal were
rejected, including all appeals relating to existing interests. CRP
considers that these decisions will provide important precedents
for future marine consent applications.
While Churchman J found that the DMC was not permitted to use an
adaptive management approach, CRP takes comfort in the significant
comments made by Churchman J that appear to support the
implementation of adaptive management. CRP particularly agrees with
the findings of Churchman J that:
- "An adaptive management approach is available in relation to
marine consents applying to activities undertaken within the
territorial waters, and therefore governed by the RMA and
NZCPS";
- "An adaptive management approach would seem to be ideally
suited in cases where there was uncertainty as to the effects on
the environment of a marine discharge consent"; and
- "It is not obvious why Parliament chose to classify the
discharge of the residue of seabed mining activities as the
discharge of a hazardous substance (and thereby to make adaptive
management unavailable). It cannot have been to further
New Zealand's international
obligations because the relevant international conventions restrict
the prohibition of adaptive management to dumping rather than
discharge"
CRP considers the findings of Churchman J provide a
comprehensive platform to support a prompt amendment of the EEZ Act
and will be strongly urging government agencies to amend the EEZ
Act in this regard, to bring it into accordance with other existing
domestic and international legislation, and to reflect best
environmental practice.
As already announced, CRP is working through the first stage of
our Marine Consent reapplication process and expects to complete
and file our scoping review in November.
About Chatham Rock Phosphate
Chatham Rock Phosphate is the custodian of New Zealand's only material resource of
ultra-low cadmium, environmentally friendly pastoral phosphate
fertiliser. Using this phosphate will support sustainable
farming practices, including healthier soil profiles and reduced
accumulation of the heavy metal cadmium, reducing carbon emissions
and dramatically lowering runoff to waterways and shrinking
fertiliser needs over time.
The resource represents one of New
Zealand's most valuable mineral assets and is of huge
strategic significance because phosphate is essential to maintain
New Zealand's high agricultural
productivity.
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that term is defined under the policies of the Exchange), or NZX
Limited has in any way passed upon the merits of the Transaction
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disapproved of the contents of this press release.
SOURCE Chatham Rock Phosphate