Proposed Resource Consent Conditions

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

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