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LAWENVIR 713
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Major seabed minerals decisions (permit allocations) are being made with no ... the appropriate level, adhering to the principle of subsidiarity where possible ... – PowerPoint PPT presentation
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Title: LAWENVIR 713
1
LAWENVIR 713
- Bill McNatty
- 22 September 2007
2
KASM Petition
- Presentation
- Local Government and Environment Select
Committee - 16 August 2007
3
Concerns
- Major seabed minerals decisions (permit
allocations) are being made with no
consideration of social or environmental
consequences. - Contrary to the information issued to MPs iwi
and hapu are either not being consulted with
or are inadequately consulted regarding minerals
permits - Community concerns are pan political
4
Background
- Nov 2004 Blacksand Exploration Ltd apply for a
minerals exploration permit - Feb 2005 IONZ /Riotinto issued a minerals
prospecting permit including ironsands - 2003 Set net ban to 4km Maui Dolphin protection
- 2007 Proposed Marine mammal sanctuary
5
Seabed Minerals Projects
- Riotinto /Iron Ore NZ 1240 sqkm
- Blacksand /BQL 3617 sqkm (declined)
- Seafields Resources 10,189 sqkm
- Bonaparte Diamond 3393 sqkm (surrendered)
- Neptune Resources 63,587 sqkm
- Total 82,026 sq km ( equivalent to over 30 of
the land area of New Zealand)
6
Regulatory Processes
- Crown minerals permit resource consent / RMA
to 12 mile limit (Minister of Conservation
consenting authority for restricted coastal
activity) - Crown minerals permit - Extended Economic Zone
(EEZ) provisions of Continental Shelf Act 1964.
No consenting authority
7
Problem
- The size and scope of the projects are
larger than contemplated under existing policies
and laws - No environmental governing policies for
outside the 12 mile territorial limit - Currently inadequate timeframes for scientific
baseline studies
8
Public representation
- 2. Where the provisions demonstrate disregard for
the wishes of affected communities - considers as imperative that the proposed
Minerals Programme incorporates within the
regulations a specific function or mechanism that
enables the Minister to address the wishes of the
affected communities. - Rob Robson, Policy Manager Minerals of the Crown
Minerals Group Policy Manager Minerals indicated
the above was a consistent theme in a
considerable number of the submissions to the
Draft Minerals Programme 2006 (personal
communication, Sept 2007)
9
Example from a continental shelf prospecting
licence
- Prospecting Licence 39 195 Neptune Resources
(Kermadec) Ltd
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Long Term Solutions
- Have a well managed Oceans Policy a
constructive part of resource decision making
(process currently being developed) - Make socio-environmental consideration an
enforceable requirement of the minerals
allocation process. - Place the Crown Minerals Act as a section
within the Resource Management Act (as proposed
in the 1990 RMB)
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Merging CMA RMA
- The Review Group report on the Resource
Management Bill identified two major concerns
that led to the separation of Part IX of RMB
into CMB - Sustainability of mining
- Tension between allocation and sustainable
management
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Merging CMA RMA Tensions in the RMA - pt 1
- RMA has an existing tension between sustainable
management and conservancy with the Minister
of Conservation being the consenting authority
for the coastal marine area. - Sixteen years experience have demonstrated
that the conservancy tension does not prevent
effective decision making.
13
Merging CMA RMA Tensions in the RMA - pt 2
- Recognise the concerns regarding tensions between
allocation and sustainable management noted in
the review report as valid - Given the experience of the conservancy tension,
I consider the allocation tension would likewise
not prevent effective management .
14
Merging CMA RMA Sustainability of mining
- Minerals do not replenish once mined
- However there is a body of literature that
looks at the sustainability issues of mining
in an holistic sense - Sustainable ecologies
- Sustainable communities
- Sustainable business models
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Sustainability in mining -1
- Economic Sphere
- Maximise human wellbeing
- Ensure efficient use of all resources, natural
and otherwise, by maximising rents - Seek to identify and internalize environmental
and social costs - Maintain and enhance the conditions for viable
enterprise
16
Sustainability in mining -2
- Social Sphere
- Ensure a fair distribution of the costs and
benefits of development for all those alive
today - Respect and reinforce the fundamental rights of
human beings, including civil and political
liberties, cultural autonomy, social and economic
freedoms, and personal security - Seek to sustain improvements over time ensure
that depletion of natural resources will not
deprive future generations through replacement
with other forms of capital
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Sustainability in mining -3
- Environmental Sphere
- Promote responsible stewardship of natural
resources and the environment, including
remediation for past damage - Minimize waste and environmental damage along the
whole of the supply chain - Exercise prudence where impacts are unknown or
uncertain - Operate within ecological limits and protect
critical natural capital
18
Sustainability in mining - 4
- Governance Sphere
- Support representative democracy, including
participatory decision-making - Encourage free enterprise within a system of
clear and fair rules and incentives - Avoid excessive concentration of power through
appropriate checks and balances - Ensure transparency through providing all
stakeholders with access to relevant and accurate
information - Ensure accountability for decisions and
actions, which are based on comprehensive and
reliable analysis - Encourage co-operation in order to build trust
and shared goals and values - Ensure that decisions are made at the
appropriate level, adhering to the principle of
subsidiarity where possible
19
Challenges to the minerals sector
- The viability of the industry
- Control, use, and management of land
- National economic and social development
- Community development
- Environmental management
- The use of minerals
- Information flow
- Artisanal and small scale mining
- Roles and responsibilities
20
The ICMM Principles are
- Implement and maintain ethical business practices
and sound systems of corporate governance. - Integrate sustainable development considerations
within the corporate decision-making process. - Uphold fundamental human rights and respect
cultures, customs and values in dealings with
employees and others who are affected by our
activities. - Implement risk management strategies based on
valid data and sound science. - Seek continual improvement of our health and
safety performance. - Seek continual improvement of our environmental
performance. - Contribute to conservation of biodiversity and
integrated approaches to land use planning. - Facilitate and encourage responsible product
design, use, re-use, recycling and disposal of
our products. - Contribute to the social, economic and
institutional development of the communities in
which we operate. - Implement effective and transparent engagement,
communication and independently verified
reporting arrangements with our stakeholders.
21
Riotinto Sustainablity Principles
- http//www.riotinto.com/ourapproach/sustainabledev
elopment.asp
22
Alternate viewpointEnvironment Centre Northern
Territory Australia
- http//www.ecnt.org/pdf/mining_2001_04_27_rio.pdf
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Summary
- Major obstacle identified that supported the
Part IX separation into the Crown Minerals Act
can now be theoretically addressed - Removal of sustainability principles for
minerals from the RMA intended to be temporary
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