B-6 – Area 6 – Assessment of Environmental Effects 83 o where adverse effects cannot be minimised, they are remedied where practicable; o where more than minor residual effects cannot be avoided, minimised or remedied, aquatic offsetting is provided where possible; o if aquatic offsetting of more than minor residual effects is not possible, aquatic compensation is provided; and o if aquatic compensation is not appropriate, the activity itself is avoided. When implementing and evaluating an application against the effects management hierarchy, Clause 3.24(3) of the NPSFM directs that the hierarchy be applied to any loss of extent or values associated with (but not limited to) ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values and amenity. As identified in Section 3 of this AEE, the NRS will result in the loss of approximately 1,400 m of permanent and intermittent streams of tributary TB1 of the Ohinemuri River. TB1 is assessed as having “Medium” ecological value. Key factors which dictate the proposed NRS site, thereby limiting the ability to avoid the loss of river extent and values at tributary TB1 are described by OGNZL and have been discussed in EGL (2022a) and include: the need for the NRS to be of sufficient size to accommodate the quantity of spoil extracted from the GOP and WUG, noting that a substantial amount of rock from the existing consented Martha Open Pit is to be stored at existing rock storage facilities. Therefore, the capacity of current stockpiles is inadequate to also accommodate the storage needs of the WNP; The need for the NRS to be sited near enough to the WTP to make pumping of water to the WTP feasible (for the treatment of detained leachate-laden flows); The need for a site with suitable geotechnical and hydrogeological characteristics. The NRS site has been the subject of studies since 1994 which mean the characteristics of the site are well-understood, supporting a well-developed design; the need for the NRS to be close to the mining activities it would service to ensure the facility can achieve efficient, economic materials handling and haulage; the need for the NRS to be located on land OGNZL can gain access to; and the need for the NRS to be located such that effects on other environmental values can be suitably managed, including the geotechnical stability of the underlying land, noise generation, visibility, land access and water management. Accordingly, there is a functional need for the NRS to traverse, locate and operate within the location identified because it can only legally and feasibly establish in that location.
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