QLDC stuff up of Mining Rules

Ok, so heres your plan, only if you have an existing mining permit in the QLDC area.

Cut this below into Word. Fill in the gaps, and tidy up the formatting, and email to:

dpappeals@qldc.govt.nz.
Christtine.McKee@justice.govt.nz
maree.baker-galloway@al.nz
rosie.hill@al.nz

---------page break --------’

IN THE ENVIRONMENT COURT
CHRISTCHURCH REGISTRY

I Te Koti Taiao o Aotearoa
Ōtautahi Rohe
ENV-2018-CHC-

IN THE MATTER of an appeal under clause 14(1) of the First Schedule of the Resource Management Act 1991

AND IN THE MATTER OF the Proposed Queenstown Lakes District Plan – Stage 1

BETWEEN

New Zealand Tungsten Mining Limited

Appellant

AND

QUEENSTOWN LAKES DISTRICT COUNCIL

Respondent

[INSERT YOUR FULL NAME] SERVES NOTICE PURSUANT TO SECTION 274
OF THE RESOURCE MANAGEMENT ACT 1991
22 JUNE 2018

To: The Registrar
Environment Court
Christchurch

TAKE NOTICE that [INSERTYOUR FULL NAME] gives notice pursuant to s274 of the Resource Management Act 1991 that it wishes to appear as a party to the above proceedings.

_______________PAGE BREAK-------------------

This Notice is made upon the following grounds:

1 [INSERT YOUR NAME] did not lodged a Submission or Further submission to the Proposed Queenstown Lakes District Plan – Stage 1 (the Plan) to which this appeal relates.

2 I have an interest in these proceedings that is greater than the public generally under section 274(1)(da). I formally seek to join the appeal of the initiator as a s274 party.

3 Notwithstanding the above, Section 308CA sets out the limits for s274 notices to which the party had not previously submitted or provided a further submission. Person A may be a party proceeding only if directly affected by an effect of the subject matter of the proceeding that (a) adversely affects the environment. It is my view I satisfy the requirements to appeal the decision of the respondent by virtue of s308CA and s274.

4 I am not a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

5 My hobby mining will be adversely affected, and I consider the decision document has created an unintended and perverse outcome. I am part of the environment as described in section 2 of the Act, where the environment includes, (a) ecosystems and their constituent parts, including people and communities.

6 I have a current mining permit [INSERT NUMBER HERE] on the [NAME] River within the Queenstown Lakes District.

7 The decisions document for the Plan states in Chapter 21.11 that the standards for mining in the bed of a river is a non-complying activity. New Zealand Tungsten Mining Limited appealed against Chapter 21. This creates a significant challenge to hobby gold miners using suction dredges under the Otago Regional Council permitted activity 13.5.1.7 of the RP:W. This is directly at odds with Chapter 21.4.29 of the Plan.

8 Chapter 21.4.29 of the decision document states:
The following mining and extraction activities that comply with the standards of Table 8 are permitted:
(a) Mineral prospecting
(b) Mining by means of hand-held, non-motorised equipment and suction dredging where the total motive power of the dredge does not exceed 10 horsepower (7.5kw) and…

9 Suction dredge mining exclusively occurs in the bed of the river. While permitted under 21.4.29, it is a non-complying activity under 21.11 and Table 8.

10 It also means the four public recreation gold mining areas administered by the NZ Petroleum and Minerals will require a consent. That consent will be non-complying.

11 A non-complying consent requirement is a perverse outcome whilst the Regional Council considers the activity a permitted activity in the same waterbody.

12 I seek the following relief, that Table 8 and Chapter 21.11.1.2 is amended to allow for suction dredge mining and hand method/detecting consistent with the permitted activity rules in 21.4.29.

13 [INSERT YOUR NAME] agrees to attend mediation and/or dispute resolution in regard to these proceedings.

Dated the 25 June 2018

SIGN HERE

[INSERT YOUR NAME]
[insert your address and email]

1 Like

This should (90% confident) get fixed in mediation.
I will advise who you all as a collective can do this, and it wont cost you jack.

This approach is a little cheeky and there is a chance (say 30-40%) they will reject it as no miners submitted.

happy times

Correction sorry…christine at justice only has one t

Just a bystander with this project so not fully understanding the process but should clause 12 also include panning and detecting?

MK

Chris, noted and corrected

Very good work Mangrove…legend!!

Thank you Mangrove for your generous work, that is brilliant. My father has a claim within the Lakes district, so we will fill that out and send it in.

On a related note, I see that NZ Tungsten Mining has made an appeal:
https://www.qldc.govt.nz/assets/Uploads/Planning/District-Plan/PDP-Appeals-Stage-1/89.-NZ-Tungsten-Mining-ENV-2018-CHC-151/New-Zealand-Tungsten-Mining-Limited-NoA-ENV-2018-CHC-151-20.06.18.pdf

Excellent, that just shifted the likelyhood of the s274 notice being accepted significantly.

Changes HAVE now been made to include NZTML

Don’t know if this was mentioned before

They will be lucky to win that case…in my personal view, if there ever was a place to not mine in, this area is one of them.

I’m sure most on here would recognise there are suitable places to mine and some places best left as they are despite what lies underground…

1 Like

Hi all,
We have served an s274 notice. So far two have been served.
Will keep you updated
Cheers

3 Likes

I am serving my 274 notice today, tomorrow is the last day folks, for those who dont have a claim, I can forward another template, :slight_smile: