Chatham Rock Phosphate Marine Consent Application Submission Form

Application Name: Chatham Rock Phosphate Ltd Proposed Mining Operation, Chatham Rise EPA Reference: EEZ000006 Applicant: Chatham Rock Phosphate Limited Notification Date: 12 June 2014 Submission Close: 5:00pm (New Zealand Standard Time), Thursday 10 July 2014 For information on the submission process please see http://www.epa.govt.nz/EEZ/having_your_say/Pages/default.aspx.

This is a submission on the marine consent application lodged by Chatham Rock Phosphate Limited to the Environmental Protection Authority (EPA) to mine phosphorite from the Chatham Rise.

Part A This part provides the EPA with data about you as a submitter and will be removed if your submission is made available on the EPA website.

Sections with an asterisk are mandatory. 1. Submitter Details*

Please provide your name (or company name) and as much contact information as possible. We may need to contact you during or outside of normal business hours. Please advise us if any of your contact details change. (Please type N/A if you do not use email)

Name of organisation (if relevant): Title:* Mr Mrs Miss Ms Dr Other: (Please tick the appropriate title)

First name of Surname of submitter:* submitter:*

Primary Phone:* Work Phone:

Secondary Phone: Fax: Postcode Physical Address: : Postcode Postal Address:* : Email:*

2. Authority to act* I / We confirm that I / we have authority to sign this submission on behalf of the submitter(s) named on this form.

Signature Date 3. Alternative contact person details (optional)

If you wish to nominate a person to be your point of contact (e.g. a friend, relative, lawyer, professional advisor or any other person), please provide their contact details below. This person will receive all correspondence on your behalf.

Relationship of contact person to submitter: (e.g. legal Brother counsel) Name of organisation N/A (if relevant): Title: Mr Mrs Miss Ms Dr Other: (Please tick the appropriate title)

First name of contact Surname of person: contact person:

Primary phone: Work Phone:

Secondary phone: Fax:

Physical Address: Postcode:

Postal Address: Postcode:

Email:

4. Privacy Statement

Your personal information included in this form will be held by the EPA, 215 Lambton Quay, Wellington. It will be used by the EPA for the administration of the Chatham Rock Phosphate marine consent application process. You have the right to access and correct personal information held by the EPA. All information held by the EPA is subject to the Official Information Act 1982.

A copy of your full submission, including all personal information, will be provided to the EPA, the applicant, and may also be provided to other parties in the process.

Your name, organisation address for service (if applicable), the information in this form and any attached information may be published on the EPA website, and made available to the general public for use in processing and considering the Chatham Rock Phosphate marine consent application.

Note: If the submitter is a company then full business contact details will be made publicly available. If the submitter is a private individual, full contact details will not be made publicly available.

Where to send your submission 3

Marine Consent Application Submission Form – Chatham Rock Phosphate

Your submission must be received by the EPA no later than 5.00pm (New Zealand Standard Time) on Thursday 10 July 2014. You also need to send a copy of your submission to the applicant. A copy of your submission will automatically be sent to the applicant if you use the online form. You can send your submission to the EPA either by:

 Using the online form available at: http://www.epa.govt.nz/EEZ/chatham_rock_phosphate/Pages/default.aspx

 Email [email protected] (if smaller than 10MB). Please mark in the subject line: ‘Submission: (Your name), Chatham Rock Phosphate’

 Post to Chatham Rock Phosphate Ltd, Environmental Protection Authority, Private Bag 63002, Waterloo Quay, Wellington, 6140.

 Deliver in person to Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington.

 Fax (04) 914 0433 Please mark in the subject line: ‘[Your name], Chatham Rock Phosphate Submission’

You must also send a copy to Chatham Rock Phosphate Limited at the same time that you send a submission to the EPA. You can send this by:

 Using the online form. If you use the online form the applicant will automatically be sent a copy of your submission.

 Email: [email protected]

Post to: Attention: James Winchester, Chatham Rock Phosphate Limited, C/-Simpson Grierson,

PO Box 2402, Wellington 6140, New Zealand

Deliver in person to: Attention: James Winchester, Chatham Rock Phosphate Limited,

C/- Simpson Grierson, Level 24,195 Lambton Quay,Wellington 6011, New Zealand

July 2014

Application Details

Application Name: Chatham Rock Phosphate Ltd Proposed Mining Operation, Chatham Rise

Applicant: Chatham Rock Phosphate Limited

First name of submitter:* Surname of submitter:*

Organisation Name (if submission is on behalf of an organisation):

Part B This part asks for your position on the marine consent application.

Sections with an asterisk are mandatory. 5. What decision do you want the EPA to make and why?*

Please state what decision you would like the EPA to make on the Chatham Rock Phosphate marine consent application. Also describe why you think that decsion should be made. You may comment on any aspect of the application and there is no restriction on the length of your submission. You can make a general submission and/or respond specifically to any part of the application documentation. If you require more space, please attach additional pages as necessary. Please ensure you include your name and ‘Chatham Rock Phosphate Ltd’ on each additional document.

Grant with Grant Neutral Decline Decision* conditions

Specific Put a few reasons in from your own point of view as well as the ones that reasons have been provided below. It is important to keep all the reasons below why you to comply with the submission process. (then delete all orange wording) seek the decision I am opposed to this application by Chatham Rock Phosphate Ltd (CRP) you have to mine phosphate nodules from the 10,192 sq. kms of the Chatham Rise requested on the following grounds: Insert Reasons from your point of view – give them a heading Legislation The CRP application for a marine consent to mine on the Chatham Rise does not satisfy the requirements of the Exclusive Economic Zone and Continental Shelf Act (EEZ/CS) 2012 as it does not promote the sustainable management of the natural resources of the exclusive economic zone, because it based on incomplete scientific research. Additionally, it fails to satisfy the legislative tests set out in Section 10, 11, 12 of that Act. The application does not meet NZ’s obligations under international law, for example the United Nations Convention on the law of the Sea 1982 and the Convention on Biological Diversity 1992. it will not enable NZ to protect and preserve the marine environment, and is not in accordance with NZ’s duty to protect and preserve the marine environment. A precautionary approach should be taken on this application. The Chatham Rise The Chatham Rise covers is a rich pristine area of ocean floor to the east of the South Island stretching for some 1,000 kilometers. It is a highly productive marine environment home to a rich biodiversity of life, some of which is unique to the area. It is recognised as NZ’s most productive and important fishing ground, providing 60% of NZ’s fish catch. NIWA acknowledge that there is inadequate knowledge of the extent of the biodiversity there and recommend additional analysis. The phoshorite nodules that CRP wants to extract in the mining process provide the hard substrate habitat that is necessary for this unique life to survive. The result of mining will be large dead zones in this area of the ocean, and potentially further into our ocean. Removing the phosphorite nodules will result in significant irreversible negative effects to the entire marine ecosystem on the Rise. CRP has failed to provide information on the long term impact of this significant disturbance to the organisms living on the sea floor on the overall health and productivity to the ecosystem. This lack of information should result in a refusal of consent. All these are threatened by the proposed mining: • seabed disturbance from the drag-head operations; • destruction of benthic life including vulnerable marine ecosystems and including coldwater corals from the drag-head operations; • physical impacts of returning the sediment (non-phosphatic material) to the seabed;

• decreasing productivity due to reduced light availability; • other impacts on ecological and conservation values; • impacts of sediment disposal on water and sediment quality; including sediment smothering benthic life; • Impacts on marine mammals, including vessel and mining related noise impacts on prey, potential ship strikes and avoidance behaviour; • Vessel lighting and prey impacts on seabirds; • Vessel waste discharges, biosecurity issues and project operational management and risks. • Cumulative impacts in addition to damage to benthic life from bottom trawling, climate change and ocean acidification. All this is taking place in approximately 400 metres of depth, making studies, monitoring and activity control difficult at best. Recovery times are unknown, and in the cases of corals, in the thousands of years. In addition, the method of mining is only conceptual. Therefore it is not possible to accurately model or predict the effects of the proposal in advance. This along introduces unacceptable uncertainty. The proposed period of 35 years is far too long: damage would continue for over three decades. The Mining Operation The mining equipment is destructive and has never been used by any other mining company in the world. The seabed will be blasted with high pressure jets of water before being sucked up the vessel where 85% of the seabed material will be discharged back the seafloor. The sediment will spread for many kilometres and rise to the surface and the plume will create impacts on zooplankton and other marine life by reducing light availability. The Benthic Protected Area (BPA) – Marine Conservation Area The BPA’s are areas of the ocean established in order to protect the benthic (life on the sea floor) biodiversity and a conservation area in the sea. More than 80% of the area that CRP wants to mine is in a marine conservation area. That will destroy some of the rare corals found in this part of the Chatham Rise which are protected species as per the Wildlife Act. The BPA areas are significant enough to be set aside for conservation and CRP should not be allowed to mine those areas. Dredge mining in this area would kill the entire benthic life in the mining area and permanently destroy some marine communities that are only found in this area. This is an unacceptable impact for NZ’s marine environment. Critically, in the extensive area planned to be mined, removal of the phosphorite means that the recovery of the benthic life in the area will not be possible. So these parts of the ocean may never recover. Impacts on Marine Life All life in the ocean is interconnected – so destroying life on the seafloor impacts the entire food chain. 85% of the material extracted by mining will be dumped back into the seafloor, it will be dead material, biochemically altered, and it will create a damaging sediment plume (tail of fine material) that may float in the ocean and impact much further than the direct mine site. Marine life the way of the sediment plume will suffocate or starve to death. This discharged material will likely indirectly kill the marine life in the higher food chain –

phytoplankton, zooplankton, and fish. This destruction will mean less food for the higher marine mammals such as endangered whales, dolphins, sharks and unique seabirds some of which are only found on the Chatham Islands. For example the impact on the 119 Orca could be devastating due to their slow growing and late maturity rates. The total impact on the collective food web is unknown and high risk and should not be allowed Threats to Fisheries There will be a significant detrimental impact on commercial fisheries, threatening one of NZ’s most important economic inputs, and directly impacting on the Chatham Islanders primary economy. Impacts on the commercial fishing industry have not been adequately addressed or mitigated; their existing use rights will be impacted by the large scale open cast strip seabed mining over large areas for several decades with high probability to sever the bottom of the food chain, creating adverse effects throughout the food web. Tangata Whenua CRP has not properly considered the principles of the Treaty of Waitangi, nor sought a peer review of the application regarding how it is intending to avoid, remedy, or mitigate Maori cultural matters. Thus the application fails to actively protect Maori interests in the use of their lands and waters. Economic Concerns CRP has failed to take into account in their economic argument the costs for environmental damage or the ecosystem in situ that should be balanced against the mining take. CRP, have listed only the short term monetary benefits without accurately identifying the adverse costs to the environment. The largest part of the profits from the mining would go offshore – the short term monetary gain for NZ is not worth the immediate and long term destruction. The company would make its millions and leave NZ Chatham Rise with a trashed marine environment. The negative impact on the Chatham Islands economy is potentially severe – it could destroy their economy. There is no insurance in the event of a disaster like an oil spill – so we could end up with another Rena situation, with inadequate monetary protection should an unplanned event occur in these wild pristine waters. Consent Conditions and Monitoring Plan CRP’s approach to consent conditions is inadequate in that they plan to monitor the impacts as they go and adapt as environmental problems occur rather than plan to avoid, remedy or mitigate before they start mining. This is the wrong way round, and is inadequate because the baseline environmental information provided lacks enough robust scientific information against which to monitor. So this adaptive management approach will not work. CRP intends to mine for 35 years. The mitigation planned for is only 5 years and is clearly insufficient. There is an absence of good baseline data, so monitoring, adapting to and fixing the damage isn’t practically achievable and CRP has failed to avoid, remedy and mitigate the adverse effects adequately This project is fundamentally experimental – mining the ocean at these depths is new in the

world, so the impacts are more than uncertain. By CRP’s own admission, this is an ambitious project. Scientific Uncertainty Most of the scientific reports were based on, assumptions, flawed methodology and numerical modelling with minimal site specific data.. The scientific reports provided by CRP highlights uncertainties and most state more modelling and research for baseline information still needs to be done There is an acknowledged absence of robust scientific information about the extent of the biodiversity in the Chatham Rise along with a lack of robust information on the adverse effects from the CRP mining operation. Uranium and Other Concerns The phosphate CRP is planning to extract contains uranium, cadimium, arsenic and heavy metals which will be released into the marine ecosystem, with detrimental impact. CRP has applied for the consent to last for 35 years that will impact on future generations. NZ should be looking at smarter, greener alternatives to phosphate fertiliser for use in our farming industry – phosphate is not good for the land and waterways. In keeping with international law and conventions, we are supposed to be protecting our ocean for present and future generations For all the reasons above, I request that the EPA decision makers decline this application.

6. Do you have an existing interest that may be affected by what’s proposed in this application?

Tick as many boxes as appropriate. Further explanation of what an existing interest is can be found on the EPA website http://www.epa.govt.nz/EEZ/working_eez/Pages/existing_interests.aspx.

Lawfully established existing activity, whether or not authorised by or under any Act or Regulations, including rights of access, navigation and fishing

Any activity that may be undertaken under the authority of an existing marine consent

Activity permitted by existing resource consent

Settlement of a historical claim under the Treaty of Waitangi Act 1975

Settlement of a contemporary claim under the Treaty of Waitangi as provided for in an Act, including the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

Protected customary right or customary marine title as recognised under the Marine and Coastal Area (Takutai Moana ) Act 2011

If you have an existing interest and have ticked one or more of the above boxes, please describe your existing interest and a brief explanation of how your interest may be affected by the application.

You can comment on any matter, and you may want to comment on:  The area that the application activity(s) has in common with your existing interest  To what degree would your existing interest be impacted by other activities taking place in the same area.  Whether your existing interest can be carried out only in the area to which the application relates. If you require more space, please attach additional pages as necessary. Please ensure you include your name and ‘Chatham Rock Phosphate’ on each additional document.

What is your existing interest and how may it be affected by this application?

Part C This part provides the EPA with information to assist with administration of the hearing. Sections with an asterisk are mandatory. 7. Electronic correspondence

Documents will be posted on the EPA website at www.epa.govt.nz. You will receive emails notifying you of new information available on the website such as evidence, hearing schedules, committee directions and reports. The EPA sends correspondence via email and we usually provide links to documents on our website rather than emailing documents.

If you cannot receive information via email, please indicate below

I cannot receive electronic copies of information and updates.

Please note if you cannot receive information via email you will receive letters notifying you of where information can be found on the EPA website. However, it may not always be feasible for letters with updates to be posted to you in a timely manner (for example, the hearing schedule may change daily during the hearing). 8. Do you wish to speak to your submission at the hearing?*

A hearing for the application may be held.As a submitter you may speak about your submission (and present evidence) at the hearing. Your submission will be read and considered as part of the decision making process, regardless of whether or not you are heard. If you want to be heard at the hearing you must state that this is the case by ticking the box below. If you do not indicate to the EPA that you wish to be heard, you will not receive notices about hearing locations, starts dates, or schedules and you will not be scheduled to speak at the hearing. Even if you do state that you wish to be heard, if there is likely to be repetition of issues at the hearing, the EPA may limit the circumstances in which parties raising similar topics and issues are heard. Tick as many as apply to you. Choose if you want to speak to your submission or not.

I / We do not wish to speak about my / our submission. OR

I / We wish to speak about my / our submission

If others make a similar submission, I / we will consider presenting a joint case with them at the hearing.

I / We wish to present in Te Reo Māori.

I / We wish to present in NZ Sign Language.

I / We intend to have legal representation

I / we intend to have expert witnesses to support my / our submission.

This is the end of the form.