WORKING CLOSELY WITH DOC Duetopr

WORKING CLOSELY WITH DOC

Due to pressure from Solid Energy, DOC has been of great assistance in our project to get to the Mt Augustus coal, regardless of the consequences for Powelliphanta "Augustus'. They have helped us throughout 2006 by:
Keeping huge numbers of a critically-endangered species in substandard conditions, before a captivity protocol had been developed, and without acaptive rearing facility insight.
Allowing us to begin work under the Wildlife Permit without first developing the required protocols.
Granting a high impact concession, without public notification, to drop huge quantities of rocks on the only Augustus habitat that will not be mined.
Refusing to prosecute our security firm (Gibson) for illegal filming and security activity on DOC land in December 2005, despite admitting there is a prima facie case.

-Powelliphanta "Augustus" is undoubtedly an important addition tothe biodiversity ofNew Zealand
-Destroying the only known habitat is a high risk strategy -"[24] There isnothing inthe evidence before us which leads us to any conclusion other than that Solid Energy gave no serious consideration to avoidance of the snail habitat in its mining programme."
-"[46] To paraphrase Mr. Buckingham [one of our expert witnesses], Powelliphanta "Augustus" is a small, isolated population at risk from catastrophic events. A catastrophic event has now arrived in the form of Solid Energy's bulldozers which will destroy much of the snail's known habitat."
-"[47] ...We are convinced by the evidence of MsWalker and Professor New that in the present state of knowledge translocation is high risk. There is the possibility of failure of the process and that failure will take place in the background of most of the snails' existing habitat having been destroyed along with an unknown number of the snails themselves. We again refer to the provisions of s6(c) RMA and note that the destruction of this significant habitat of a rare native animal appears directly contrary to that provision."
However, the Court considered that the Coal Mining License is an 'existing privilege' and not subject to the RMA. Nevertheless, had we been honest we would have accepted that the court found the species to be placed at great risk, and then we would have taken actions to change that situation.
Instead, we decided to state that the Save Happy Valley Coalition Inc's case was "just frivolous tactics" and threaten toseek more than ahundred thousand dollars incosts. We've spun itso the public thinks we are actually saving the species rather than sending it to extinction -DOC has been a wonderful help here.
The Save Happy Valley Coalition Inc has appealed, as only the legal matter is outstanding.

PROPOSED DESTRUCTION OF HAPPY VALLEY

Happy Valley is a stunning, wild and untouched landscape, located in the Upper Waimangaroa, 25km northeast of Westport. Our proposed Cypress mine will destroy the habitat of, and highly likely individuals from, species such as great spotted kiwi I roa, Powelliphanta patrickensis and South Island kaka, kakariki, western weka, western long tailed bat, and the South Island fern bird.
Happy Valley is currently a colourful mosaic of magnificent red tussock wetlands, low forests of lush mountain beech and pygmy pine, and dense mats of intricate herbfield plants scattered over striking sandstone rocks and bluffs. Many other endemic species also live there, including NZ robin (toutouwai), tomtit (ngiru-ngiru), red tussock, pink pine, southern rata, and numerous rare mosses and lichens.
DOC recommended the area for protection in1998, labelling ita nationally significant ecosystem

Solid Energy's Gibson security guards operate illegally on DOC land, MtAugustus

Repeatedly refusing to release basic information about the snails to conservationists, or releasing information only after extensive delays and intervention from the Ombudsman.
Refusing to prosecute us for the 'accidental' destruction of a substantial proportion of snail habitat inApril 2005. Dovetailing their media releases with ours to make it look like everything we do has DOC approval.

ENVIRONMENT COURT

The company has never sought Resource Consent for our Mt Augustus operations. The Save Happy Valley Coalition Incorporated took us to the Environment Court, arguing that the mining of the ridge line will destroy the habitat of Powelliphanta "Augustus" and thereby cause its extinction. As such, this will breach Solid Energy's duty to avoid, remedy or mitigate adverse effects on the environment. We maintained the Resource Management Act should not apply to our operations.

The courtfound that: -

Solid Energy's mining activity is, under section 17 of the Resource Management Act, noxious, dangerous, offensive and objectionable