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Powelliphanta Augustus Incorporated (formerly Save Happy Valley Coalition Incorporated), Appellant, and Solid Energy New Zealand Limited, First Respondent, and Buller District Council, Second Respondent, and West Coast Regional Council, Third Respondent

Country/Territory
New Zealand
Type of court
Others
Date
Apr 30, 2007
Source
UNEP, InforMEA
Court name
High Court of New Zealand
Judge
Panckhurst
Reference number
CIV-2006-409-002993
Language
English
Subject
Mineral resources, Legal questions
Keyword
Legal proceedings/administrative proceedings Mining licence
Abstract
Solid Energy New Zealand mined the Mt Augustus ridgeline pursuant to a coal mining licence granted to its predecessor under the Coal Mines Act 1979. The appellant sought to prevent Solid Energy from continuing to mine the ridgeline of Mt Augustus in a manner which would endanger the Powelliphanta Augustus snails, some of which were threatened with extinction, and their habitat. The court had to decide whether the enforcement powers under the Resource Management Act 1991 (RMA) were available against the holder of a coal mining licence. The lower Environment Court had previously held that it had no jurisdiction to invoke the enforcement powers under the RMA against Solid Energy because the coal mining license had been granted to the predecessor under the Coal Mines Act 1979, and because of a transitional provision in the Crown Minerals Act 1991. In 1991 both the Crown Minerals Act 1991 and the Resource Management Act 1991 (RMA) came into force, with the result that an entirely new regime for mining minerals in New Zealand became effective. However, s107 of the Crown Minerals Act provided for “existing privileges to continue”. Coal mining licences were within the definition of “existing privileges”. The court interpreted s107 Crown Minerals Act in the context of the Mining Act 1971, the Coal Mines Act 1979 and the RMA. In conclusion, it agreed with the Environment Court that it had no jurisdiction to grant the relief sought by the Appellant.
Full text
jdo.justice.govt.nz

References

Cites

Convention on Biological Diversity

Treaty | Multilateral | Rio de Janeiro |

Keyword: Sustainable use, Subsidy/incentive, Policy/planning, Ecosystem preservation, Access and benefit sharing, Traditional rights/customary rights, Protected area, Management/conservation, Financing, Institution, Liability/compensation, Protection of habitats, Alien species, Biodiversity, EIA, Research, Monitoring, Genetic resources, Dispute settlement, Ex-situ conservation, Data collection/reporting, Technology transfer, Biotechnology, Education, Crops/grasses

Source: IUCN (ID: TRE-001148)

Cites

Resource Management Act 1991 (No. 69 of 1991).

Legislation | New Zealand | 1991 (2022)

Keyword: Basic legislation, Effluent waste water/discharge, Soil pollution/quality, Coastal zone management, Protected area, Water conservation zone, Inland waters, Land-use planning, Authorization/permit, Surface water, Groundwater, EIA, Protection of environment, Climate change, Sustainable use, Aquaculture, Mariculture, Freshwater resources management, Thermal and medicinal waters, Waterworks, Pollution control, Sustainable development, Water abstraction, Fertilizers/nutrients, Freshwater pollution, Biodiversity, Traditional rights/customary rights, Ecosystem preservation, Wild fauna, Wild flora

Source: FAO, FAOLEX