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| Weston Consent Process |
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The Resource Management Act 1991 (RMA) is the main law protecting the environment, and controls the use of air, land and water in New Zealand. It is designed to ensure that activities will not harm people or communities, or threaten the air, water, soil and ecosystems that we and future generations need to live. The RMA process requires local councils to ensure effects on the environment are managed sustainably. The lodging and notification of resource consents marks the beginning of the formal RMA process. This time provides the public with the opportunity to make submissions on the project, and to have their submissions heard by the regulatory authorities. Holcim New Zealand applied for resource consents to operate the proposed Weston cement plant and associated quarries and pits in February 2007. |
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Once the opening of the period for making submissions was advertised (20/21 April 2007) interested parties had 40 working days to prepare and lodge submissions either expressing their wish to support the project and see it go ahead, or indicate any matter requiring review. Submissions closed at 5pm on Tuesday 19 June 2007. A hearing started on 20 August 2007. This was a joint hearing involving both the councils (Otago Regional Council and Waitaki District Council). Three independent commissioners were appointed to the panel hearing the resource consent applications:
A final decision was received in February 2008 granting all 46 consents sought, with a range of conditions relating to construction and operation of the plant and associated sites. Environment Court Appeal The RMA allows submitters to appeal Council decisions to the Environment Court. Holcim appealed some of the conditions, and an Environment Court hearing was held in March-May 2009. The hearing was heard in Oamaru by Environment Court Judge Whiting assisted by Environment Commissioner Charles Manning and Deputy Environment Commissioner Dr Bruce Gollop. |
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The Environment Court is a specialist court operating under the Resource Management Act. It has the same powers as the District Court and considers appeals on council decisions. When the Court hears an appeal it must have regard to the council’s decision, but it is not bound by it. Among the Environment Court’s powers are the ability to confirm, amend or cancel decisions on applications for resource consents and designations. The Court is made up of Environment Judges and Environment Commissioners. Commissioners have specialist knowledge and experience in a range of areas such as local government, resource management, environmental science, and the Treaty of Waitangi. An Environment Court usually consists of at least one Environment Judge and one or more Environment Commissioners. Decisions of the Environment Court are almost always reserved. That is, written judgments are delivered at a date after the hearing, rather than being given orally at the hearing. This is due to the nature of the subject matter of the proceedings, which are often complex and of some public importance. The Court must give reasons for the decision it makes and therefore the preparation and drafting of the decision takes some time. In August 2009 the Environment Court decision granted Holcim New Zealand all consents it requires to operate a cement plant and associated quarries and pits near Weston. These consents were granted with a range of conditions. |
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