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
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