This document has been produced for New Zealand consenting purposes only. Information contained herein must not be relied on for investment purposes. OceanaGold (New Zealand) Limited WAIHI NORTH PROJECT Resource Consent Application and Assessment of Environmental Effects June 2022
Waihi North Project – Overview of Application Structure i APPLICATION STRUCTURE This application document is in support of applications by OceanaGold (New Zealand) Limited (“OGNZL”) for resource consents from Waikato Regional Council (“WRC”) and Hauraki District Council (“HDC”) under the Resource Management Act 1991 (“RMA”) to authorise all necessary activities associated with the Waihi North Project (“WNP”). All matters required to be addressed in accordance with Schedule 4 of the RMA are contained within. This application comprises 11 parts as follows: Part A Is an overarching Assessment of Environmental Effects (“Overarching AEE”) document which provides an overview of: The WNP; OGNZL; The approvals required for the WNP; Tangata whenua of the area in which WNP would occur and how the various tangata whenua groups are feeding into the WNP and this resource consent application process; The consultation OGNZL has undertaken in respect of the WNP; An overview of the effects of allowing the WNP to proceed; An overview of the proposed conditions for the WNP; and An overview of the RMA context in which the WNP applications are to be considered. Part B Contains a more detailed site-specific assessment of environmental effects (“AEE”) for each of the geographically distinct specific project areas which comprise the WNP and includes: B1: Coromandel Forest Park and Area 1 Sub AEE B2: Area 2 Sub AEE B3: Area 3 Sub AEE B4: Area 4 Sub AEE B5: Area 5 Sub AEE B6: Area 6 Sub AEE
Waihi North Project – Overview of Application Structure ii B7: Area 7 Sub AEE Part C Contains the application forms for the RMA resource consents required from WRC and HDC for the WNP. Part D Is a graphic supplement of technical drawings for key project components. Part E Contains a suite of proposed consent conditions for the WNP. Part F Is a report on the existing mining activities at Waihi and how they are authorised under the RMA. Part G Contains a report on the consultation and engagement undertaken in respect of the WNP. Part H Contains 46 reports prepared by technical specialists on the WNP and its effects. Part I Contains a suite of draft management plans. Part J Contains a checklist of statutory provisions that have been considered in preparing this AEE. Part K Contains all relevant Records of Title.
E PART E OceanaGold (New Zealand) Limited Waihi North Project PROPOSED RESOURCE CONSENT CONDITIONS
1 SCHEDULE ONE PROPOSED WAIHI NORTH PROJECT CONDITIONS COMMON TO THE HAURAKI DISTRICT COUNCIL AND WAIKATO REGIONAL COUNCIL RESOURCE CONSENTS Interpretation C1 For the purposes of these consents: a. The Biodiversity Project Area and Areas, 1, 2, 3, 4, 5, 6 and 7 mean the areas identified on Plans BP1, WNP1, WNP2, WNP3, WNP4, WNP5, WNP6 and WNP7 annexed as Attachment 1 to these conditions. b. Mine site means Areas 1, 2, 3, 4, 5, 6 and 7 mean the areas identified on Plans WNP1, WNP2, WNP3, WNP4, WNP5, WNP6 and WNP7 annexed as Attachment 1 to these conditions. c. Mine activities means the activities listed in Condition 2 (b) – (i) of the Hauraki District Council land use consent. Tangata Whenua Conditions This section is deliberately left blank. The development of appropriate conditions to address tangata whenua matters will be informed by the CVA and CIA being produced for the project. This is discussed further in Section 5 of the Overarching AEE document submitted in support of the Waihi North resource consent applications. Annual Work Programme C2 The Consent Holder shall within six months of the date of commencement of this consent, and on the anniversary of that date every year thereafter, or at any other date approved by the Hauraki District Council and the Waikato Regional Council (“the Councils”) in writing, provide to the Councils an Annual Work Programme for the following year (for information purposes). The Annual Work Programme shall include: a. Mining activities proposed for the following year; b. A description of the proposed sequencing of works and the environmental procedures to be adopted during the works; and c. The proposed progressive rehabilitation and revegetation of active areas of the mine site.
2 Advice Note: The Annual Work Programme may be prepared in conjunction with the Annual Work Programme prepared in accordance with the consent requirements applying to other mines in the Waihi area. Company Liaison Officer C3 At least 20 working days prior to the exercise of this consent, the Consent Holder shall appoint a person (the “Company Liaison Officer”) to liaise between the Consent Holder, the community and the Councils. The appointment of the Company Liaison Officer shall be subject to the approval of the Councils. C4 The Company Liaison Officer shall have sufficient delegated authority to be able to deal immediately with complaints received and shall be required to investigate those complaints as soon as possible after receipt. The Company Liaison Officer shall be appointed for the duration of the mining activities associated with this consent. C5 The name of the Company Liaison Officer, together with the phone number and email address they can be contacted at, shall be publicly notified on the Consent Holder’s website prior to the exercise of this consent and shall remain on the website for the duration of mining activities authorised by this consent. Complaints Procedure C6 The Consent Holder shall maintain and keep a complaints register for any complaints received from any member of the community in relation to activities authorised by these consents. As a minimum, the register shall record, where this information is available, the following: a. The date, time, and details of the incident that has resulted in a complaint; b. The location of the complainant when the incident was detected; c. The possible cause of the incident; d. Any corrective action taken by the Consent Holder in response to the complaint, including timing of that corrective action; and e. Communication with the complainant in response to the complaint. C7 The complaints register shall be made available to the Hauraki District Council and the Waikato Regional Council (as is appropriate) on
3 request or as otherwise specified in specific resource consent conditions for the Waihi North Project. Accidental Discovery Protocol C8 In the event that an unidentified archaeological site is located as part of the activities authorised by this consent, the following procedures will be undertaken by the Consent Holder: a. All work shall cease, and machinery shut down, within 20 m of the discovery; b. The Consent Holder shall notify the Heritage New Zealand Regional Archaeologist; c. If the site appears to be of Maori origin, the Site Manager shall also notify the appropriate tangata whenua groups of the discovery and ensure site access to enable appropriate cultural procedures and tikanga to be undertaken (as long as all statutory requirements under the Heritage New Zealand Pouhere Taonga Act 2014 and the Protected Objects Act 1975 have been met); d. If human remains (koiwi tangata) are discovered, the Consent Holder shall also advise the New Zealand Police; and e. Works affecting the discovery shall not recommence until Heritage New Zealand provides written approval or an archaeological authority has been obtained and this authorisation is provided to the Councils. Advice Notes: Condition C8 shall only apply to those areas not subject to an archaeological authority obtained under the Heritage New Zealand Pouhere Taonga Act 2014. The Heritage New Zealand Pouhere Taonga Act 2014 provides for the recording, protection, and preservation of archaeological sites whether registered or not. As such, any land use activity likely to damage, modify or destroy any pre-1900 archaeological site (whether recorded or unrecorded) will require an archaeological authority from Heritage New Zealand for the work to lawfully proceed. This applies to all sites, regardless of whether a building or resource consents has been granted or not. The Waihi North Biodiversity Project [Note – the details of the Waihi North Biodiversity Project are currently being consulted on with Tangata Whenua and the Dept of Conservation. This engagement process will be ongoing following
4 lodgement of the consent applications. Through that process it is envisaged that details on the project objectives and the mechanism for overseeing the design, governance, implementation, monitoring and review of the project may be agreed prior to a decision on the applications being made. If that is the case conditions will need to be proposed which reflect the agreed outcome. The proposed conditions below are proposed to provide an indication of what a condition structure could look like in the event agreement has not been reached by the time a decision on the application is made. C9 The Consent Holder must establish and implement a Biodiversity Enhancement and Predator Control Programme (Biodiversity Project) within the approximately 18,870 hectare of public conservation land shown in Schedule 1 (the Biodiversity Project Area) in accordance with Conditions C10 to C19 of this consent. The Biodiversity Project is not required to remedy, mitigate, offset or compensate for any adverse effects of the mining activities associated with the Waihi North project. The Biodiversity Project is a beneficial action to be undertaken voluntarily by the Consent Holder in addition to other biodiversity-related actions required by this consent. The Biodiversity Project is in addition to pest management the Consent Holder is required to undertake in the Wharekirauponga Animal Pest Management Area under conditions 154 – 165 of the Hauraki District Council Land Use Consent. Waihi North Biodiversity Project Fund C10 Prior to commencing construction of the Dual Tunnel within Area 1 the Consent Holder shall make available sufficient funds to finance the design of the Waihi North Biodiversity Project and the activities of the Biodiversity Project Group required by Condition C13. The Dual Tunnel is expected to take about 3 years to reach the ore resource. During this period the Biodiversity Project Group and the associated Plan would be established. OGNZL is required to fund those processes. C11 Prior to the commencement of stoping within Area A the Consent Holder shall establish a fund to implement the Waihi North Biodiversity Project. At the establishment of this fund the Consent Holder shall place into the fund account: a. $2,400,000; and thereafter: This represents the minimum amount of money that OGNZL will commit to implementing the Biodiversity Project.
5 b. $600,000 annually, paid in by 31 March each year. The Consent Holder shall continue the funding set out within b. above for a period of ten years or until mine closure, whichever is the longer period. Additional money may be sourced for the programme from other sources. C12 The monies placed into the fund account under condition C11 shall be allocated, as necessary, to finance: a. The ongoing operation of the Biodiversity Project Group in accordance with Conditions C13 to C15; b. The implementation of the Biodiversity Project Plan in accordance with Condition C17; and c. The ongoing review and updating of the Biodiversity Project Plan. Biodiversity Project Group C13 Prior to commencing construction of the Dual Tunnel within Area 1 the Consent Holder shall invite the following to participate in a Biodiversity Project Group: a. [Participants to be confirmed] The purpose and responsibilities of the Biodiversity Project Group are to: b. Oversee the design, governance, implementation, monitoring and review of the Biodiversity Project; and c. Allocate the monies in the Condition C12 fund for those purposes; in partnership with the Consent Holder. The composition of the group that will oversee the design, governance, implementation, monitoring and review of the Biodiversity Project is subject to ongoing discussion with tangata whenua and Department of Conservation. It may be that by the time this application is heard the composition of this group will be firmed up and able to be specified in these conditions. These conditions are a placeholder in the event that is not the case. C14 Subject to some or all of the groups listed in Condition C13 agreeing to participate, the Biodiversity Project Group must comprise: a. An independent chair, b. X representatives of the Consent Holder, c. At least one suitably qualified and experienced restoration ecologist appointed by the Consent Holder; and d. X representatives of each of the groups listed in Condition C13 who agree to participate in the Biodiversity Project Group. As noted above it may be that the composition of the group to be formed to oversee the design, governance, implementation, monitoring and review of the Biodiversity Project in partnership with OGNZL is agreed prior to this application being heard. If that is the case, it is envisaged this
6 condition be amended to reflect that. C15 The Biodiversity Project Group must be convened for the first time within 6 months of the Consent Holder commencing construction of the Dual Tunnel within Area 1. Thereafter, the frequency at which the Group meets shall be determined by the Project Group itself in order to fulfil its purpose and responsibilities under Condition C13. The Consent Holder shall provide the Group with all reasonably necessary resources to fulfil its responsibilities under Condition C13. The Biodiversity Project Plan C16 The Consent Holder must prepare the Biodiversity Project Plan in partnership with the Biodiversity Project Group. Once complete, but no later than 36 months after the Consent Holder commences construction of the Dual Tunnel within Area 1, a copy of the Biodiversity Project Plan shall be provided to the Councils. The Biodiversity Project Plan must specify: a. The name and vision for the Biodiversity Project; b. The delivery mechanism for the Biodiversity Project (e.g. charitable company or trust, NZ National Parks and Conservation Foundation or other vehicle); c. The specific management and enhancement objectives for the Project; d. The detailed programme of activity for the first 5 years from the activities authorised by this consent; e. Any land access arrangements with the Department of Conservation which are required to implement the Project Plan; f. Measurable and time bound performance targets for effectively reducing pest species; g. Methods of outcome monitoring for pest and native species to determine programme effectiveness; and h. The reporting and review process for the programme. These conditions require OGNZL to develop, implement and review the Biodiversity Project Plan in partnership with the Biodiversity Project Group. As is outlined above these activities are funded by the Biodiversity Project Fund. The requirement to complete the initial Biodiversity Project Plan within 36 months of commencing construction of the Dual Tunnel means it will be ready for implementation before the Consent Holder commences mining of ore. C17 The Consent Holder must implement the Biodiversity Project Plan in partnership with the Biodiversity Project Group and shall report on progress within the Annual Report required by Condition C19. C18 The Biodiversity Project Plan may be reviewed and updated at any time by the Consent Holder, in consultation with the Biodiversity Project Group. The Consent Holder must ensure the Councils are provided
7 with the current version of the Biodiversity Project Plan within four weeks of any update being agreed by the Group. Reporting C19 The Consent Holder shall provide an annual report to the Councils by 30 June each year which reports on: a. The activities of the Biodiversity Project Group b. The development of the Biodiversity Project Plan; c. The implementation of the Biodiversity Project Plan. Where aspects of the Biodiversity Project Plan have not been implemented in accordance with expected timeframes, the Report shall include the reasons why, and the reasonably practicable measures that have been taken by the Consent Holder in partnership with the Biodiversity Project Group, or are intended to be taken by the Consent Holder in partnership with the Biodiversity Project Group to address the failure to meet those milestones; d. The effectiveness of the Biodiversity Project Plan in achieving its objectives and performance indicators. Where the report identifies the that the performance indicators have not been achieved or maintained the Report shall include: i. The reasons why the performance indicators have not yet been achieved; ii. Advice as to specific measures that have already been implemented, or are intended to be implemented to address the failure to achieve performance indicators; and iii. Whether there should be amendments made to the Biodiversity Project Plan which would better assist the Consent Holder and Biodiversity Project Group in meeting the objectives of the Plan. These conditions specify the requirements for OGNZL to report on progress in delivering the Biodiversity Project Plan. As is outlined above these activities are funded by the Biodiversity Project Fund. Dewatering and Settlement Dewatering and Settlement Monitoring and Management Plan C20 At least 40 working days prior to commencing dewatering or tunnelling activities within Area 2, 3 or 5 the Consent Holder shall submit to the Councils a Dewatering and Settlement Monitoring and Management Plan for certification that it: a. Includes actions, methods, monitoring and trigger levels designed to achieve the objectives in Condition C21 below; and
8 b. As a minimum, meets the information requirements in Condition C22. C21 The objectives of the Dewatering and Settlement Monitoring and Management Plan are to: a. Ensure the dewatering activities do not cause surface instability or differential settlement which could damage infrastructure or buildings on land not owned by the Consent Holder; and b. Avoid the dewatering having a measurable adverse effect on any existing groundwater abstraction used for domestic, stock or other purposes. C22 The Dewatering and Settlement Monitoring and Management Plan shall include: a, An overall description of the groundwater and settlement monitoring system and the measures to be adopted to meet the objectives in Condition C21. b. Details of a network of piezometers to monitor the effects of dewatering on any aquifer which could be affected by the activities authorised under this consent. The network shall provide an appropriate resolution of groundwater levels to identify trends which may result in potentially damaging effects on surface infrastructure and may include use of existing piezometers which have been established to monitor the Consent Holders existing activities. c. Details of a settlement monitoring network to monitor the extended zone which has been, or is likely to be, affected by settlement caused by dewatering. The monitoring network shall provide an appropriate resolution of surface tilt levels to identify trends which may result in potentially damaging effects on surface infrastructure and may include use of existing settlement monitoring points which have been established to monitor the Consent Holder’s existing activities. d. Identification of facilities potentially “at risk” of damage from ground settlement caused by dewatering, and a survey programme to collect information about each facility’s location, construction materials, and the nature of any sensitive equipment onsite that is potentially at risk. e. All necessary Trigger Action Response Plans to achieve the objectives of the Dewatering and Settlement Monitoring and Management Plan, including, at minimum a trigger requiring action and a response in the event that ground settlement caused by
9 mine dewatering induces a tilt that exceeds 1 in 1000 between any two network monitoring locations. f. A dewatering contingency plan that describes the steps the Consent Holder shall implement in the event that dewatering results in adverse impacts on affected aquifer systems and associated groundwater supplies used for domestic, stock or other purposes. In detailing the monitoring programmes the Dewatering and Settlement Monitoring and Management Plan shall provide information on the monitoring methods proposed, the parameters to be monitored, and the calibration and maintenance of monitoring equipment. C23 The Consent Holder must implement the certified Dewatering and Settlement Monitoring and Management Plan. In the event of any conflict or inconsistency between the conditions of this consent and the provisions of the Dewatering and Settlement Monitoring Plan, the conditions of this consent shall prevail. Reporting C24 In the event that a tilt greater than 1 in 1,000 occurs between any two network monitoring locations installed in accordance with the Dewatering and Settlement Monitoring and Management Plan, or there is a significant variance from the predicted settlement rates in that Plan, the Consent Holder shall notify the Councils in writing within 20 working days of receiving the results of the monitoring. The Consent Holder shall then: a. Explain the cause of the tilting; b. If required to ensure the objectives in Condition C21 are achieved, propose appropriate settlement contingency measures to the Councils and the timing for implementation of those measures by the Consent Holder; c. Implement settlement contingency measures as appropriate within the agreed time limit; and d. Advise the Councils on the steps the Consent Holder proposes to take in order to prevent any further occurrence of the situation, including, if needed, changes to the certified Dewatering and Settlement Monitoring and Management Plan. C25 The Consent Holder shall as a matter of urgency, advise the Councils of any significant anomalies identified by the regular reading of groundwater levels in the piezometer network. Such advice is to include an explanation of the anomalous results and actions proposed
10 to address any issues identified. This report is to be provided to the Councils within 10 working days of the anomalous results being identified. A “significant anomaly” is defined as a drop in groundwater level greater than the seasonal variation in piezometers within shallow aquifers which could have damaging effects to surface infrastructure, and a drop of 15 m or more in the recordings from piezometers tapping any upper aquicludes which mitigate effects from dewatering of aquifers over a one month period. C26 The Consent Holder shall provide to the Councils (within one month of an agreed anniversary date) an annual Dewatering and Settlement Monitoring Report. The report shall, as a minimum, provide the following information: a. The volume of groundwater abstracted; b. The data from monitoring undertaken during the previous year, including groundwater contour plans (derived from the data) in respect of the piezometer network; c. An interpretation and analysis of the monitoring data, in particular any change in the groundwater profile over the previous year, predictions of the future impacts that may arise as a result of any trends that have been identified including review of the predicted post closure effects based on actual monitoring data, and what contingency actions, if any, the Consent Holder proposes to take in response to those predictions. This analysis shall be undertaken by a party appropriately experienced and qualified to assess the information; d. Any contingency actions that may have been taken during the year; and e. An assessment of how effective the Dewatering and Settlement Monitoring and Management Plan has been in achieving the objectives specified in Condition C21, including any reasons for those objectives not being achieved, or difficulties in achieving conformance with those objectives. f. The report shall be forwarded in a form acceptable to the Councils. Peer Review Panel C27 The Consent Holder shall engage, at its cost, a peer review panel (“the Panel”). The members of this Panel shall be fully independent of the planning, design, and construction of the Waihi North Project and all its associated facilities.
11 C28 The primary function of the Panel is to ensure that the conditions relating to the design, construction, operation, maintenance, rehabilitation and closure of the following facilities are met and that such work is undertaken by appropriately qualified personnel in accordance with good practice: a. Area 1 - Wharekirauponga Underground Mine and the Wharekirauponga Dual Access Tunnel; b. Area 2 – Willows Road Rock Stack and Willows Road Access Tunnel; c. Area 3 – Wharekirauponga Access Tunnel; d. Area 5 – Gladstone Open Pit Tailings Storage Facility; e. Area 6 - Northern Rock Stack; and f. Area 7 – Tailings Storage Facility 3 C29 The Panel shall comprise technical specialists who between them have demonstrated expertise in the following fields: a. Geotechnical engineering, with recognised experience in: i Underground mine construction and mining techniques; Ii. Design and construction of tailings storage facilities; and iii. Design and construction of rock storage facilities. b. Geochemistry, with recognised experience in the management of acid rock drainage; c. Hydrogeology; and d. Rehabilitation, with recognised experience in mine revegetation, rehabilitation, and closure. [Tangata whenua involvement to be informed by the CVA and CIA being produced for the project] There may be any number of individuals on the Panel, so long as the necessary areas of expertise are covered. C30 The members of the Panel identified in Condition C29, and their defined field(s) of expertise, shall be approved by the Councils prior to appointment to the Panel C31 Each member of the Panel identified in Condition C29, when acting as a Peer Reviewer, shall act only in his/her area of expertise.
12 C32 The Panel may co-opt other specialist members to assist in any of its functions for specified tasks and periods, subject to the prior approval of the Councils. C33 The Consent Holder shall provide the Panel with all records, plans, designs, etc, that the Panel requests, and shall afford the Panel reasonable access to the site as is necessary and consistent with health and safety procedures. C34 The Panel, or individual members of the Panel, may be the same Panel as that which undertakes peer review as required by any other consent held by the Consent Holder authorising activities at Waihi. C35 To carry out its primary function, each member of the Panel identified in Condition C29 shall report in writing to the relevant Councils on all matters which are submitted to them for review within their area of expertise, other than draft proposals submitted to it by the Consent Holder and which are superseded, Other consents require input from this peer review panel. Including: The WRC consents which authorise the establishment and operation of TSF3; The WRC consents which authorise the establishment and operation of GOP TSF; The WRC consents which authorise the establishment and operation of NRS; The WRC consents which authorise the establishment and operation of Willows RS. Publicly Available Management Plans and Monitoring Reports C36 All management plans, monitoring reports and other compliance monitoring reporting required by this consent shall be available to the public by posting them on the Consent Holder’s website as follows: a. The plans and reports shall be posted only when certified by the Councils (where required by the conditions of this consent) or received by the Councils (e.g. monitoring reports); and b. Only the current versions of the plans and reports are to be displayed on the Consent Holder’s website. Rehabilitation and Closure
13 C37 The Consent Holder shall rehabilitate all areas within Area 1 that have been subject to mining activities authorised as part of this consent by: a. Removing all fencing and vent raise / egress surface infrastructure; b. Capping all vent shafts with a structural cap or stabilised backfill; c. Managing weeds and pests within disturbed areas for two years following the capping of vent shafts to support natural revegetation processes; d. Backfilling any void where geotechnical conditions require it to ensure long term stability; and e. Completing all necessary works to ensure that after the completion of mining the voids created by the Waihi North Project and any associated dewatering activities will not cause a measurable change in the natural flows or water quality in any surface water body identified as a Natural State Water Body in the Waikato Regional Plan at the date of issue of this consent, except that associated with the re-emergence of the warm spring located at E1850258, N5868719. C38 The Consent Holder shall rehabilitate all areas within Area 2 that have been subject to mining activities authorised as part of this consent by: a. Removing the Willows Rock Stack; b. Fully reinstating and rehabilitating the tributary impacted by the Willows Rock Stack; c. Restoring and recontouring disturbed landforms to appear similar to the existing landforms; d. Restoration and riparian planting in general accordance with Figure A – Proposed Closure – WUG Surface Facilities Area annexed as Attachment 2 to these conditions; and e. Backfilling any void or portal where geotechnical conditions require it to ensure long term stability. C39 The Consent Holder shall rehabilitate all areas within Area 3 that have been subject to mining activities authorised by this consent by: a. Backfilling 100 m of the Wharekirauponga Access Tunnel from the portal; and b. Backfilling any void where geotechnical conditions require it to ensure long term stability.
14 C40 Prior to the closure of Area 2 the Consent Holder shall remove the pipe bridges within Area 4 which cross the Ohinemuri River at State Highway 25 and Willows Road. C41 The Consent Holder shall rehabilitate all areas within Area 5 that have been subject to mining activities authorised as part of this consent by: a. Capping the tailings in Gladstone Open Pit Tailings Storage Facility with a non-acid forming layer of rockfill, suitable rooting medium, topsoil layer, and contouring and drainage as required, to ensure the establishment and maintenance of a surface which will protect water quality and avoid soil erosion. The final capping shall allow for long term settlement of tailings; b. Grading the final capped surface of the Gladstone Open Pit Tailings Storage Facility towards two outlets, one on the southern side near the Gladstone Wetland and one of the western side where the pit crest is lowest; c. Backfilling 100 m of the Wharekirauponga Access Tunnel from the portal; d. Backfilling 100 m of the Martha Underground Tunnel from the portal; e. Backfilling any void where geotechnical conditions require it to ensure long term stability; f. Subject to (g), removal of all buildings and structures from the Waihi Surface Facilities Area; g. The Water Treatment Plant may remain on site if it is needed for ongoing treatment of water from rehabilitated areas; h. Restoring and recontouring disturbed landforms to appear similar to the existing landforms; and i. Restoration, riparian and wetland edge planting, and provision of recreational trails, in general accordance with Figure B – Proposed Closure – GOP, NRS and TSF3 annexed as Attachment 2 to these conditions. C42 The Consent Holder shall rehabilitate all areas within Area 6 that have been subject to mining activities authorised as part of this consent by: a. Recontouring and smoothing the remaining rock in the Northern Rock Stack to reflect the adjoining rounded landforms; b. Capping the remaining rock, including provision of a low permeability non-acid forming layer to limit water and oxygen ingress, suitable rooting medium, topsoil layer, and contouring and drainage as required, to ensure the establishment and
15 maintenance of a surface which will protect water quality and avoid soil erosion; and c. Restoration, riparian and wetland edge planting, and provision of recreational trails, in general accordance with Figure B – Proposed Closure – GOP, NRS and TSF3 annexed as Attachment 2 to these conditions. C43 The Consent Holder shall rehabilitate all areas within Area 7 that have been subject to mining activities authorised as part of this consent by: a. Progressive rehabilitation of the Tailings Storage Facility 3 embankment surface as areas of a practical working size become available, include the provision of a low permeability non-acid forming layer to limit water and oxygen ingress, suitable rooting medium, contouring and drainage as required, to ensure the establishment and maintenance of a surface which will protect water quality and avoid soil erosion; b. Unless otherwise agreed in writing by the Councils, the revegetation on an annual basis of the lift undertaken in the previous season (i.e. the list undertaken in the previous season is to be revegetated while the current seasons lift is being undertaken); c. Conversion of the surface of Tailings Storage 3 to a wetland with a spillway into Ruahorehore Stream; d. Conversion of Collection Pond (S6) and (S7) to wetlands; and e. Restoration, riparian and wetland edge planting, and provision of recreational trails, in general accordance with Figure B – Proposed Closure – GOP, NRS and TSF3 annexed as Attachment 2 to these conditions. C44 The Consent Holder shall prepare a Rehabilitation and Closure Plan covering all Areas that will be affected by the mining activities authorised as part of this consent in accordance with Condition C45. The objective of this Plan shall be to ensure rehabilitation and closure of the Mine Site in a manner which achieves the outcomes required by Conditions C37 to C43 and such that in the long term: a. The Mine Site, and any structures on it, will remain stable, self- sustaining, rehabilitated state; b. The soils on the site are such that it is highly unlikely that there will be a risk to human health considering the post closure use of that land; and
16 c. Any water discharging from the Mine Site, and any groundwater under the Mine Site, will be of a quality such that it will not adversely affect aquatic life, or other users of the water resource. The plan shall be submitted to the Councils for certification at least 30 working days prior to the commencement of mining activities authorised by this consent. If certification is not provided within 30 working days of the Councils’ receipt of the Rehabilitation and Closure Plan mining activities in that Area authorised by this consent may commence. C45 The Rehabilitation and Closure Plan shall be in two parts: a. Part A shall describe the programme of rehabilitation (including revegetation and backfilling) that is proposed for each Area for the following twelve months, should closure not be proposed during that period; and shall report on any such works undertaken during the previous year; b. Part B shall: i Describe the proposed method of rehabilitation and closure should closure occur within the following 12 months for that Area; ii Include an assessment of any residual risk that the Area(s) would pose to the environment and the neighbouring community should closure occur within the following 12 months; and iii Include a programme for monitoring of the Area(s) following closure, and list all maintenance works likely to be necessary at the closed Area(s) for the foreseeable future. C46 In considering the Rehabilitation and Closure Plan, the Councils shall take into account: a. The degree of compliance with the concepts described in the Annual Work Programme; and b. On-going maintenance issues. C47 The Rehabilitation and Closure Plan shall be reviewed and updated annually, and the updated Plan submitted to the Peer Review Panel for its review. C48 The Consent Holder shall progressively implement Part A of the certified Rehabilitation and Closure Plan and shall implement Part B of the certified Plan in the event of closure occurring.
17 Bond and Trust Fund Advice Note: For clarification, the bond requirements set out in the conditions below are joint between the Hauraki District Council and the Waikato Regional Council. The conditions relating to the bonds and trust form an integrated whole and are not severable Rehabilitation Bond C49 Prior to the exercise of this consent, the Consent Holder shall provide and maintain in favour of the Councils a rehabilitation bond to: a. Secure compliance with all the conditions of this consent and to enable any adverse effects on the environment resulting from the Consent Holder’s activities and not authorised by a resource consent to be avoided, remedied or mitigated; b. Secure the completion of rehabilitation and closure in accordance with the approved Rehabilitation and Closure Plan; c. Ensure the performance of any monitoring obligations of the Consent Holder under this consent; d. Enable the Councils to undertake monitoring and management of the site until completion of closure of the site; and e. Enable the Councils, in the event of the bond being called upon, to purchase Industrial and Special Risk Insurance in the sum of $12 million (1998 dollars) and public liability insurance to the sum of $5 million (1998 dollars). These are the existing rehabilitation bond conditions imposed on Project Martha with appropriate updates such that they cover all Waihi North Project activities. C50 The rehabilitation bond shall be in a form approved by the Councils and shall, subject to these conditions, be on the terms and conditions required by the Councils. C51 The rehabilitation bond shall provide that the Consent Holder remains liable under the Resource Management Act 1991 for any breach of the conditions of consent which occurs prior to the completion of closure. C52 Section 109(1) of the Act shall apply to the rehabilitation bond and the rehabilitation bond shall be registered under the Land Transfer Act 2017 by the Consent Holder at its expense against the certificates of title of the properties annexed as Attachment 3 to these conditions owned by the Consent Holder or its subsidiaries, and as identified as ‘Post Closure Proposed Trust Land’ on the plans in Attachment 3
18 C53 Unless the rehabilitation bond is a cash bond, the performance of all of the conditions of the bond shall be guaranteed by a guarantor acceptable to the Councils. The guarantor shall bind itself to pay for the carrying out and completion of any condition in the event of any default of the Consent Holder, or any occurrence of any adverse environmental effect requiring remedy. C54 The amount of the rehabilitation bond shall be fixed annually by the Councils who shall take into account any calculations and other matters submitted in the Rehabilitation and Closure Plan, or otherwise, by the Consent Holder which are relevant to the determination of the amount. The amount of the rehabilitation bond shall be advised in writing to the Consent Holder at least one month prior to the review date. C55 The amount of the rehabilitation bond to achieve the purposes set out in Condition C49 of this schedule above shall include: a. The estimated costs (including any contingencies necessary) of rehabilitation and closure in accordance with the conditions of this consent, on completion of the mining operations proposed for the next year and described in the Rehabilitation and Closure Plan; b. Any further sum which the Councils consider necessary to allow for remedying any adverse effect on the environment that may arise from the exercise of this consent; c. The estimated costs of monitoring, in accordance with the monitoring conditions of this consent, until this consent expires; and d. Any further sum which the Councils consider necessary for monitoring any adverse effect on the environment that may arise from the exercise of this consent including monitoring anything which is done to avoid, remedy, or mitigate an adverse effect. C56 Should the Consent Holder not agree with the amount of the rehabilitation bond fixed by the Councils then the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1996. Arbitration shall be commenced by written notice by the Consent Holder to each of the Councils advising that the amount of the rehabilitation bond is disputed, such notice to be given by the Consent Holder within two weeks of receipt of notification of the amount of the rehabilitation bond. If the parties cannot agree upon an arbitrator within a week of receiving the notice from the Consent Holder, then an arbitrator shall be appointed by the President of the Institute of Professional Engineers of New Zealand. Such arbitrator shall give an award in writing within 30 days after his or her appointment, unless the Consent Holder and the Councils agree that time shall be
19 extended. The parties shall bear their own costs in connection with the arbitration. In all other respects, the provisions of the Arbitration Act 1996 shall apply. Pending the outcome of that arbitration and subject to Condition C57 below, the existing bond shall continue in force. That sum shall be adjusted in accordance with the arbitration determination. C57 If, for any reason other than default of the Councils, the decision of the arbitrator is not made available by the 30th day referred to above, then the amount of the bond shall be the sum fixed by the Councils, until such time as the arbitrator does make his/her decision. At that stage the new amount shall apply. The Consent Holder shall not exercise this consent if the variation of the existing bond or new bond is not provided in accordance with this condition. C58 The rehabilitation bond may be varied, cancelled, or renewed at any time by agreement between the Consent Holder and the Councils provided that cancellation will not be agreed to unless a further or new rehabilitation bond acceptable to the Councils is available to replace immediately that which is to be cancelled (subject however to the condition below as to release of the rehabilitation bond on the completion of closure of the site to the Councils' satisfaction). C59 The Councils shall release the rehabilitation bond on the completion of closure of the site. "Completion of closure of the site" means when the rehabilitation objective as defined in Condition C44 has been demonstrated by the Consent Holder, to the satisfaction of the Councils, to have been met. C60 All costs relating to the rehabilitation bond shall be paid by the Consent Holder. C61 This consent shall not become operative unless and until the Consent Holder provides the rehabilitation bond to the Councils. Trust C62 The Trust established for the Martha Mine Extended Project under expired Land Use Consent LUC 97/98-105 shall also be responsible for the post closure management of the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack and Tailings Storage Facility 3 including the activities authorised under this consent. The Trust purposes and powers shall be: a. To take legal title after completion of the closure of the site to the land marked as ‘Post Closure Proposed Trust Land’ on the plans in It is proposed that the footprint of Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack and Tailings Storage Facility 3 be added to the Trust Land. These conditions are as per those imposed on Project Martha, but with appropriate
20 Attachment 3 to these conditions and the certificates of title listed in Attachment 3. The Trust shall have no power of sale of the land; b. To monitor and maintain these facilities in perpetuity and to be responsible for such monitoring and maintenance as to ensure that the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2 and Storage 1A and the park (and proposed pit lake if acceptable to LINZ) remain in a stable, self- sustaining, rehabilitated state; c. To obtain any resource consents that may be required after completion of the closure of the site and the expiration or surrender of this consent; d. Without limiting the above, to take out insurance cover against unexpected risks; e. To reimburse the Councils for any costs incurred by them in monitoring or maintaining the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2, Storage 1A, the park and proposed pit lake; and f. To invest any funds held to generate the necessary income to pay for the above purposes. These purposes and powers shall be recorded in a Trust Deed approved by the Councils. The Trust Deed shall provide: g. That the Councils shall have the power to appoint two trustees each to the Trust; h. That the Councils shall jointly have the power, after consultation with Ngati Tamatera, to appoint one additional trustee representing Ngati Tamatera; and i. That Te Runanga a Iwi o Ngati Tamatera Incorporated shall have the power to appoint one advisory trustee to represent Ngati Tamatera. amendments to incorporate this additional land. C63 The Consent Holder shall be responsible for all costs associated with the establishment of the Trust. The solicitor appointed to act for the Trust shall be independent of the solicitors acting for the Consent Holder and shall be approved of by the Councils. C64 The Consent Holder shall execute irrevocable transfer documents to enable the Trust to complete the transfer of the land described in Attachment 3 to these conditions, and these transfer documents are to be held in escrow subject to Condition C65 by the solicitor acting for the Trust.
21 C65 The Trust Deed shall provide that upon the completion of closure of the site, the transfers of land will be completed by the trustees registering the transfers on the relevant certificates of title, and the trustees shall undertake their responsibilities with respect to the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2, Storage 1A, the park and proposed pit lake. The Water Treatment Plant shall be in good working condition at the time the transfer of it to the Trust is completed. Capitalisation Bond C66 Prior to the exercise of this consent, the Consent Holder shall provide and maintain in favour of the Councils a capitalisation bond to secure the settlement on the Trust of the required capital sum to fund the Trust to carry out its obligations. C67 The capitalisation bond shall be in a form approved by the Councils and, subject to these conditions, shall be on the terms and conditions required by the Councils. C68 Unless the capitalisation bond is a cash bond, the performance of all of the conditions of the capitalisation bond shall be guaranteed by a guarantor acceptable to the Councils. C69 The amount of the capitalisation bond shall be fixed annually by the Councils and shall cover: a. The estimated costs of dealing with any adverse effect on the environment which may become apparent after the surrender or expiry of this consent. This sum may include (without limitation) provision to deal with structural instability or failure, land and/or water contamination, and failure of rehabilitation. Such estimated costs shall include the costs of investigation, prevention, and remediation of any adverse effect; b. The estimated costs of monitoring for and of any adverse effect and of measures taken to avoid, remedy, or mitigate any adverse effect; c. Provision for contingencies; d. The estimated costs of long-term monitoring and maintenance of the area to be owned or managed by the Trust, following completion of closure of the site; and e. Provision for the reasonable remuneration of the trustees having regard to their duties and responsibilities as trustees
22 and be based on the residual risk assessment dated 20 July 1998 prepared by the Consent Holder and provided to the Councils. Such residual risk assessment shall be updated annually. The amount of the reviewed bond shall be advised in writing to the Consent Holder at least one month prior to the annual review date. The amount of the bond shall be reduced by the capital amounts settled on the Trust from time to time by the Consent Holder. C70 Should the Consent Holder not agree with the amount of the capitalisation bond fixed by the Councils then the matter shall be referred to arbitration in accordance with the procedures set out in Conditions C56 and C57 above. Subject to Condition C57, that sum shall be adjusted in accordance with the arbitration determination. The Consent Holder shall not exercise this consent if the variation of the existing capitalisation bond or new capitalisation bond is not provided in accordance with this condition. C71 The capitalisation bond may be varied, cancelled, or renewed at any time by agreement between the Consent Holder and the Councils. C72 The capitalisation bond shall expire upon the settlement on the Trust by the Consent Holder of the required capital sum. C73 All costs relating to the capitalisation bond shall be paid by the Consent Holder. C74 In addition to the insurance cover required for the Rehabilitation Bond in Condition C49(e), the Consent Holder shall throughout the term of this consent be able to demonstrate to the satisfaction of the Councils that it holds sufficient funds, insurances or other financial instruments (“cover”) to enable any adverse effect on the environment resulting from the Consent Holder’s activities and not authorised by a resource consent to be promptly avoided, remedied or mitigated. The Consent Holder shall provide evidence to the Council annually that sufficient cover is in place. This evidence shall be provided to Council at the same time as the Annual Work Programme is submitted as required by Condition C2 of this consent. Should the Consent Holder and the Council not agree on the sufficiency of the level of cover, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1996. Arbitration shall be commenced by written notice by the Council advising that the amount of the cover is disputed, such notice to be given by the Council within two weeks of notification of the amount of the cover. If the parties cannot agree upon an arbitrator within a week of receiving the notice from the Consent Holder, then an
23 arbitrator shall be appointed by the President of the Institute of Professional Engineers in New Zealand. Such arbitrator shall give an award in writing within 30 days after his or her appointment, unless the Consent Holder and the Council agree that time shall be extended. In all other respects, the provisions of the Arbitration Act 1996 shall apply. Pending the outcome of that arbitration, the existing cover shall continue in force. The sum of the cover shall be adjusted in accordance with the arbitration determination. C75 The conditions relating to the capitalisation bond and the Trust form an integrated whole and are not severable.
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