Bathurst Coal Limited
Bathurst Coal Ltd applied to Environment Canterbury and Selwyn District Council for consents to continue operating and expand an open cast coal mine (known as Canterbury Coal Mine), including retrospective and future operation at Bush Gully Road, Malvern Hills, Selwyn.
In July 2021 Bathurst Coal Ltd advised the councils they had decided to close the Canterbury Coal Mine and continue with the processing of the applications with the necessary refinements for the rehabilitation and closure process. The additional detail on the closure process is outlined in the Addendum AEE for Closure and Rehabilitation.
Joint hearing
The joint hearing was held 26-29 October 2021 after hearing from the applicant, submitters and Council Reporting Officers.
The joint decision of the hearing is to refuse the consent applications.
Download the full report: Joint Hearing Decision of the Hearing Commissioners (PDF File, 677.22KB).
RESOURCE MANAGEMENT ACT 1991
Applicant: Bathurst Coal Limited
Address for service: Bathurst Coal Limited. C/- Edwina White. PO Box 5963, Lambton Quay, Wellington 6145. Email: Edwina.White@bathurst.co.nz
The Canterbury Regional Council and Selwyn District Council have received applications from Bathurst Coal Limited for various resource consents to continue operating and expand an open cast coal mine (known as Canterbury Coal Mine), including retrospective and future operation, at Bush Gully Road, Malvern Hills, in the Selwyn District.
The application site has been nominated by the Applicant. It comprises all of Pt Lot 3 DP 6591 (CB24B/403, CB7D/1140) and portions of the following: Legal Road (Bush Gully Road), RS 32347 (CB41A/436, CB8B/920), Pt Lot 2 DP 6591 (CB24B/403, CB576/48, CB7D/967), Pt Lot 2 DP 6591 (CB651/33), Pt Lot 1 DP 18018 (CB2D/1450, CB7D/965), Pt Lot 3 DP 6591 (CB651/33, CB7D/969) and Lot 3 DP 8898 (CB5A/1042).
The retrospective and future mining activity proposed includes ground disturbance, earthworks, removal and stockpiling of overburden, coal extraction, coal crushing and screening, trucking of coal from the site, trucking of Coal Combustion Residuals (CCR – coal ash) to the site, the formation of Engineered Landforms (ELFs), incorporation of overburden/CCR/mussel shells into the ELFs, site rehabilitation and replanting.
Stormwater and drainage water are collected and conveyed to storage ponds on-site for treatment, re-use for dust suppression and periodic discharge to the Tara Stream/Wetland.
The proposed hours of operation are 24 hours covering six days and five nights a week, with some restrictions and exceptions. The operation includes night-time lighting of the mine, the establishment of buildings and signage, reworking and rehabilitation of historical mine sites, dust suppression measures, light/service vehicle movements and the removal of wetland/seepages and indigenous and non-indigenous vegetation.
The applicant has applied for the following resource consents:
Canterbury Regional Council
- CRC184166 – To undertake earthworks in the high soil erosion risk area, and earthworks and vegetation clearance in riparian margins, including the removal of wetland vegetation.
- CRC200500 – To discharge contaminants to air (fugitive dust) from within the mine operations area.
- CRC201366 – To take surface water from artificial ponds, to divert surface run-off resulting in changes to sub-catchment boundaries and to store water in artificial ponds.
- CRC201367 – To take groundwater (via drainage systems)
- CRC201368 – To discharge sediment and mine influenced water, drainage water and residual contaminants from the treatment of water to Tara Stream/Wetland.
- CRC203016 – To discharge coal combustion residuals, lime products and mussel shells to land and to water (artificial watercourses)
The following consent terms have been sought:
- CRC184166: 20 years;
- CRC200500: 35 years;
- CRC201366, CRC201367, CRC201368: 20 years; and
- CRC203016: 20 years.
Selwyn District Council
- RC185622 – To expand Canterbury Coal Mine, retrospective and future (a bundled land use application comprising two application documents and further information)
Submissions
The above applications may be viewed online or at the Environment Canterbury offices at 200 Tuam Street, Christchurch; or Selwyn District Council offices at 2 Norman Kirk Drive, Rolleston.
Any person may make a written submission on any of the above applications.
All submissions should be sent to Environment Canterbury, PO Box 345, Christchurch 8140; or emailed to hearings@ecan.govt.nz; with any signed written copy to be sent to the Applicant at the address for service detailed above.
Alternately an online submission to both applications can be made online.
A submission should include your name, address and phone number; the applicant’s name and consent application number. A submission must state your reason for submission, whether you support or oppose the application and if you wish to be heard in support of your submission.
For advice on the Environment Canterbury and Selwyn District Council applications please email: ecinfo@ecan.govt.nz or planning.technical@selwyn.govt.nz.
Submissions must be received by Environment Canterbury not later than 5 p.m. on Tuesday 21 April 2020.
If you require a Word version of the submission form click here.
Joint Notification |
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CRC184166 CRC200500 CRC201366 CRC201367 CRC201368 CRC20302016 RC185622 - Submission Form |
Submitter |
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Yates G |
Yates O |
Young J |
Young James |
- Memorandum for Bathurst Coal Limited - Jurisdictional Matter (PDF File, 205.27KB)
- Memorandum of Counsel on behalf of Canterbury Regional Council dated 26 November 2020 (PDF File, 82.46KB)
- Commissioners Minute 1 dated 30 November 2020 (PDF File, 406.35KB)
- Minute 2 of the Hearing Commissioners - dated 15 July 2021
- Joint Memorandum on behalf of Bathurst Coal Limited Environment Canterbury and Selwyn District Council
- Minute 3 of the Hearing Commissioners - dated 4 November 2021 (PDF File, 136.68KB)
- Applicants Memorandum regarding timing post hearing (PDF File, 818.44KB)
- 2021-12-20 - Memorandum of Counsel - service of conferencing comments and revised documents (PDF File, 22.59MB)
- Hearing Commissioners Minute No. 4 dated 21 December 2021 (PDF File, 129.91KB)
- Minute 5 of the Hearing Commissioners dated 18 Feb 2022 (PDF File, 134.51KB)
- Appendix 1 Mine Closure Management Plan Apr 2021
- Amended Appendix 11 Site Water Management -Closure FY21 Surface water design Final 210406
- Amended Appendix 10 Final ECan Proposed Conditions
- Amended Appendix 9 Final Selwyn District Council (SDC) Proposed Conditions
- Amended Appendix 8 CCM ELF Geotechnical Review 20210331 Final MB
- Amended Appendix 7 Final NIWA hydrology report 2021 053CH
- Amended Appendix 6 2021043CH - aquatic ecology monitoring plan
- Amended Appendix 5 - CCM Closure - Tara discharge WQ
- Amended Appendix 5 CCM Closure - No2 Pit Pond WQ
- Amended Appendix 5 - CCM Closure - Tara PTS design
- Amended Appendix 5 - CCM Closure - Closure Criteria
- Amended Appendix 4 Canterbury Coal Mine Environmental Management Plan V4.0
- Amended Final M Appendix 3 Wetland Management Plan
- Amended Appendix 2 Landscape and Graphics - BM210162 Graphic Supplement A3L FINAL
- Amended Appendix 2 Landscape and Graphics - Canterbury Coal Mine Closure Review 31-3-21
- Appendix 1 Mine Closure Management Plan Apr 2021
- Amended Final Closure and Rehab Addendum AEE
- Applicants precirculated evidence of Claire Hunter- Planning (PDF File, 1.45MB)
- Applicants precirculated evidence of Kristy Hogsden - Aquatic (PDF File, 413.18KB)
- Applicants precirculated evidence of James Griffiths - Hydrology (PDF File, 1.29MB)
- Applicants precirculated evidence of Chris Hickey - Ecotoxicology (PDF File, 1.08MB)
- Applicants precirculated evidence of Sioban Hartwell - Water Quality (PDF File, 910.26KB)
- Applicants precirculated evidence of Paul Weber - Mine Waste Management (PDF File, 1.08MB)
- Applicants precirculated evidence of Michael Begbie - Geotechnical (PDF File, 211.76KB)
- Applicants precirculated evidence of Frank Boffa - Landscape (PDF File, 8.2MB)
- Applicants precirculated evidence of Eden Sinclair for Bathurst Coal Limited (PDF File, 19.54MB)
- Applicants precirculated evidence of Craig Pilcher - General Manager for Bathurst (PDF File, 197.13KB)
- Applicants precirculated evidence of Gary Bramley - Ecology (PDF File, 6.69MB)
- Selwyn District Council reporting officer - Final comments Bond Condition (Office Open XML Document, 33.1KB)
- Selwyn District Council reporting officer - Final comments (PDF File, 360.29KB)
- Environment Canterbury Reporting officer reply comments (PDF File, 290.67KB)
- Applicants summary statement of M Begbie - Geotechnical (PDF File, 1.85MB)
- Applicants summary statement of E Sinclair - Canterbury Coal v4 video (QuickTime Movie, 1.56GB)
- Applicants summary statement of E Sinclair (PDF File, 1.76MB)
- Applicants summary statement of C Pilcher (PDF File, 2.43MB)
- Applicants Legal opening submission - maps and plans 5 (PDF File, 7.19MB)
- Applicants Legal opening submission - maps and plans 4 (PDF File, 6.75MB)
- Applicants Legal opening submission - maps and plans 3 (PDF File, 7.09MB)
- Applicants Legal opening submission - maps and plans 2 (PDF File, 7.17MB)
- Applicants Legal opening submission - maps and plans 1 (PDF File, 7.42MB)
- Applicants Legal opening submission- proposed conditions to Selwyn District Council (PDF File, 6.86MB)
- Applicants Legal opening submission- proposed conditions to Canterbury Regional Council (PDF File, 15.77MB)
- Applicants Legal opening submission - Joint witness statement Offset and Wetlands (PDF File, 109.26KB)
- Applicants Legal opening submission- joint witness statement - Planning (PDF File, 1.72MB)
- Applicants Legal opening submission (PDF File, 17.36MB)
- Supplementary Evidence of M Harding -Terrestrial Biodiversity (PDF File, 199.14KB)
- Submitter evidence of Malvern Hills Protection Society (PDF File, 154.36KB)
- Submitters evidence of Forest and Bird (PDF File, 170.78KB)
- Applicants summary statement of K Hodgsen - aquatic ecology (PDF File, 1.6MB)
- Applicants summary statement of J Griffiths (PDF File, 2.12MB)
- Applicants summary statement of C Hunter - Planning (PDF File, 3.53MB)
- Applicants summary statement of C Hickey (PDF File, 2.31MB)
- Applicants summary evidence S Hartwell - water quality (PDF File, 1.45MB)
- Applicants summary evidence of G Bramley - Ecology (PDF File, 3.88MB)
- Applicants summary evidence of F Boffa - Landscape (PDF File, 767.14KB)
- Reporting officer - Supplementary evidence of A Dawson (PDF File, 174.21KB)
- Addendum statement of A Henderson (PDF File, 189.48KB)
- Reporting officer - Supplementary evidence of M Massey (PDF File, 182.55KB)
- Reporting officer - Supplementary evidence of P Grove (PDF File, 198.28KB)
- Reporting officer - Supplementary Evidence of F Alkhaier (PPTX File, 2.17MB)
- Reporting officer - Supplementary Evidence of F Alkhaier - hydrogeology (PDF File, 1.94MB)
- Reporting officer - Supplementary Evidence of J Dodson (PDF File, 1.85MB)
- Reporting officer - Supplementary Evidence of D MacFarlane (PDF File, 2.18MB)
- Reporting officer - Presentation notes of I Jenkins (PDF File, 192.35KB)
- s42A report - Supplementary Evidence of M Harding -Terrestrial Biodiversity (PDF File, 199.14KB)
- s42A report - Supplementary evidence of A Meredith (PDF File, 223.68KB)
- Applicants summary evidence of C Hickey - Appendices (PPTX File, 534.4KB)
Day one
Day two
- Day 2 morning session audio - 27 October 2021- Applicants presentation (MP3 Format Sound, 140.49MB)
- Day 2 afternoon session audio - 27 October 2021- Applicants presentation (MP3 Format Sound, 68.93MB)
Day three
- Day 3 morning session audio - 28 October 2021- Submitters and Reporting Officers presentation (MP3 Format Sound, 83.76MB)
- Day 3 afternoon session audio - 28 October 2021- Reporting Officers presentation (MP3 Format Sound, 62.72MB)
Day four
- Sioban Hartwell - Water Quality (PDF File, 198.71KB)
- Paul Weber- Acid and Metalliferous Drainage (AMD) (PDF File, 1.09MB)
- Kristy Hogsden - Aquatic Ecology (PDF File, 4.3MB)
- James Griffiths - Hydrology (PDF File, 145.49KB)
- Gary Bramley - Ecology (PDF File, 6.94MB)
- Eden Sinclair (PDF File, 711.97KB)
- Chris Hickey - Ecotoxicology (PDF File, 443.24KB)
- Claire Hunter - Planning and proposed conditions (PDF File, 18.07MB)
- Mahaanui Kurataiao Deliverable-Report (PDF File, 196.08KB)
- Memorandum of Counsel re right of reply (PDF File, 110.13KB)
- Applicants' final right of reply - Memorandum of Counsel - Regarding servicing of closing submissions and supplementary evidence (PDF File, 109.72KB)
- Applicants' final right of reply - Clean copy of proposed Selwyn District Council (SDC) conditions (Office Open XML Document, 89.74KB)
- Applicants' final right of reply - Clean copy of proposed Environment Canterbury conditions (Office Open XML Document, 112.68KB)
- Applicants' final right of reply - Closing Legal Submissions (PDF File, 56.05MB)
- Applicants' final right of reply - Supplementary Evidence - Claire Hunter (PDF File, 2.26MB)
- Applicants' final right of reply - Supplementary Evidence - Craig Pilcher (PDF File, 443.54KB)