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OMV Marine Discharge Consent Application

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OMV Marine Discharge Consent Application OMV marine discharge consent application Submission Reference no: 70 Kirsty Woods, Te Ohu Kaimoana Trustee Ltd Submitter Type: Not specified Source: Email Overall Notes: Clause Do you intend to have a spokesperson who will act on your behalf (e.g. a lawyer or professional advisor)? Position No Notes Clause Do you wish to speak to your submission at the hearing? Position No I/we do not wish to speak to my/our submission at the hearing Notes We would be happy to clarify any questions with the DMC if requested Clause Do you wish to receive regular updates from the EPA about the progress of this application? Position Yes I/we wish to recieve all communications relating to this application. Notes Clause What decision do you want the Decision-making Committee to make and why? Provide reasons in the box below. Position Neutral Notes Please see attached document. 9 July 2018 Environmental Protection Authority EPA Office, Level 10, 215 Lambton Quay WELLINGTON OMV New Zealand Ltd – Application for a marine discharge consent: deck drainage Introduction 1. The application by OMV for marine discharge consent has been sent to us by the EPA on the basis that Te Ohu Kaimoana may have existing interests affected by the application. 2. Te Ohu’s purpose is to advance the interests of iwi individually and collectively, primarily in the development of fisheries, fishing, and fisheries-related activities (Maori Fisheries Act 2004, section 32). To further its purpose Te Ohu may, in relation to fisheries, fishing, and fisheries-related activities, act to protect and enhance the interests of iwi and Māori in those activities (among other things). Te Ohu’s obligations are to all iwi, individually and collectively, and Māori generally, pursuant to the Maori Fisheries Act. Thus, the potential effects of the application on fisheries, and Maori rights and interests in fisheries are our key concern. 3. Section 12 of the EEZ Act provides that: Treaty of Waitangi In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi for the purposes of this Act- (c) sections 33 and 59 respectively, require the Minister and the EPA to take into account the effects of activities on existing interests; Te Ohu has existing interests defined in section 4(d) and (e) of the EEZ Act, being persons with an interest in:1 (d)the settlement of a historical claim under the Treaty of Waitangi Act 1975: (e) the settlement of a contemporary claim under the Treaty of Waitangi as provided in an Act, including the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. 4. Te Ohu Kaimoana has made extensive submissions on other applications to the EPA setting out the nature of our existing interests. These outline the customary commercial rights and interests held by iwi, along with the customary non-commercial rights and interests exercised by iwi and their hapu. We attach an outline explaining in further detail the background to the Fisheries Settlement, how the commercial aspects of the settlement have been allocated and the regulatory framework for managing customary non-commercial fishing. 1 Despite the drafting of the EEZ Act, the Maori fisheries settlement, through the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 settled historical claims to Maori customary fishing rights, not contemporary claims. PO Box 3277, Level 4 Woolstore Professional Centre 158 The Terrace P: +64 4 931 9500 Wellington, New Zealand E: [email protected] teohu.maori.nz 5. This submission is intended to complement and support those made by iwi. The application 6. The consent being applied for covers-off instances where a spill of a harzardous substance occurs on the deck of a Mobile Offshore Drilling Unit (MODU), and any residue remaining after clean-up enters the “deck draining system”, then diluted and eventually discharged. Additional consents will be required before the operation can proceed, including approval of an Emergency Spill Response Plan which is intended to manage any risk of spills occurring. The application process 7. It appears to us that the applications necessary for the exploration and appraisal programme are being handled back to front. 8. This application for a marine discharge consent is the first of several applications required for OMV to carry out its exploration and appraisal drilling programme (EAD). Two further applications have yet to be lodged, and we understand they will be treated as non-notified. These latter applications will cover the main activities of the operation in detail, including the procedures required to be put in place to prevent spills from occurring. It would make more sense for all the applications to be considered together. 9. The application for a marine discharge consent could be said to be “precautionary” in that it covers off the discharge of trace elements of hazardous substances from an accidental spill. Where a spill of a harzardous substance occurs on the deck of a Mobile Offshore Drilling Unit (MODU), any residue remaining after clean-up enters the deck drainage system, where it is diluted and eventually discharged. 10. Because OMV has yet to contract a Mobile Offshore Drilling Unit (MODU), it has not yet been able to specify the substances that will be discharged. As we understand it, the specific substances will be confirmed at later stages of the process when OMV has engaged a MODU and seeks approval for its Emergency Spill Response Plan (ESRP). 11. Meantime for the purposes of the application for marine discharge consent, OMV has assessed the potential effects of a range of substances that include the highest possible toxicity to determine the worst possible effects of a discharge – should it occur. The Impact Assessment concludes the effects of the discharges would be negligible. 12. Ultimately however, a critical part of the overall process is having procedures in place to prevent the spills in the first place. That process will be managed through an Emergency Spill Response Plan (ESRP) which will not be considered for approval until later in the processes, once a MODU has been engaged. 13. This application should be considered alongside the other applications the EPA will need to consider - particularly the ESRP – which would provide the framework for management of the activities that Te Ohu Kaimoana 2 may result in hazardous substances being discharged. With good management under the ESRP, spills shouldn’t occur at all. In practical terms, this marine discharge consent will not enable any discharges unless an ESRP is approved. Alternatively, we understand that there are MODUs capable of operating with zero discharges which we consider would be the most desirable option. 14. The staging of the process has made it difficult to fully comprehend this activity in context of the whole programme, as OMV’s process of engagement on the broader programme is only getting underway now. This means iwi, Te Ohu and other existing interests have only had a short period to grapple with the process, the nature of the application and where it sits in the programme as a whole. Ultimately this makes it difficult for us to state an informed position on what the Decision-making Committee (DMC) should decide. Conditions 15. As far as the specifics of the application are concerned – we make the following comments without prejudice on the proposed conditions on consent (set out in Appendix A of the Impact Assessment): Condition 9, which sets out what should be included in the ESRP, should also be required to specify the hazardous substances that will be used. In addition, maximum discharges should be limited within the parameters specified in the testing carried out for the impact assessment, including toxicity levels, discharge volumes and frequency. Limits set should ensure the worst- case scenarios modelled are not exceeded Condition 11 (a), which includes authorities who should be notified after a spill (including iwi entities) should also include fisheries authorities such as the Ministry for Primary Industries, and also advise fishing industry bodies. 16. As far as monitoring is concerned, catches from harvesting in the areas to be drilled should be analysed for contaminants in their flesh prior to drilling and again afterwards. We envisage this kind of monitoring would also be necessary to monitor other aspects of the operation and their potential effects on fisheries, although we have yet to fully understand what they will be. Clearly there may be cumulative effects, not only from discharges that may be made as a result of this application, but also from other activities that may be granted as part of the overall operation. 17. Te Ohu Kaimoana does not wish to speak to this submission. However, we are happy to clarify any questions that may arise. Naku noa, nā Dion Tuuta CHIEF EXECUTIVE Te Ohu Kaimoana 3 ATTACHMENT OMV – Application before the Environmental Protection Authority (Decision Making Committee) Te Ohu Kai Moana Trustee Ltd: Supplementary material 1. The purpose of this supplementary material is to provide additional information to the decision- making committee on the Māori Fisheries Settlement (the Settlement) and Te Ohu’s role in this context. This document outlines how rights are allocated to iwi under the Settlement, and illustrates how iwi fishing rights could be affected by the proposed activity sought through the Application. Who are we? 2. Te Ohu is the corporate trustee of the Te Ohu Kai Moana Trust. We were established under section 33 of the Fisheries Act 2004 (the Māori Fisheries Act). 3. Te Ohu’s purpose is to advance the interests of iwi individually and collectively, primarily in the development of fisheries, fishing, and fisheries-related activities,2 in order to: ultimately benefit the members of iwi and Māori generally; further the agreements made in the fisheries Deed of Settlement and to assist the Crown to discharge its obligations under the Deed of Settlement and the Treaty of Waitangi; and contribute to the achievement of an enduring settlement of the claims and grievances referred to in the Deed of Settlement.
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