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EPA Staff Report EEZ000006 Chatham EPA Staff Report EEZ000006 Chatham Rock Phosphate Limited Marine Consent Application August 2014 Executive Summary On 14 May 2014, Chatham Rock Phosphate Ltd (CRP) lodged an application with the Environmental Protection Authority (EPA) for a marine consent. Consent is being sought by CRP to mine phosphate nodules from the Chatham Rise, initially within CRP’s 820 km2 mining permit area for the first five years. In future, CRP’s proposed mining may occur within a wider area (5,207km2) for up to a further 30 years. The proposed mining activity, using a conventional drag-head to remove up to 0.5 m of the seabed, has the potential to adversely affect benthic communities, pelagic species, marine mammals, seabirds, human health, commercial fisheries and Māori/Moriori cultural interests. The EPA staff consider that the proposed mining activity would result in two primary environmental effects: the direct effects associated with the extraction of “living” and non-living natural material which will destroy the seabed down to a sediment depth of 0.5 m, and the discharge of mine tailings that would generate a suspended sediment plume, some of which would deposit on the seabed. The proposed marine consent area on the Chatham Rise provides habitat for a biologically diverse benthic community, including protected species, such as stony corals, other sensitive species including sponges, bryozoans and brachiopods and unique species such as giant isopods and bivalve molluscs. Many of these species perform important ecosystem services by providing habitat for a diverse and abundant range of other species. The proposed mining activity would result in the total destruction of these species and their habitats within the mined area, with the potential for minimal recovery (if any) of many of these species. The extent to which this destruction would affect the biological diversity of the Chatham Rise ecosystem and the protection of rare and other vulnerable ecosystems is the most significant uncertainty. The generation of a sediment plume from the discharge of mine tailings would increase sedimentation rates and the levels of total suspended solids. The disturbance and mobilisation of the sediment also has the potential to alter biogeochemical processes within the proposed marine consent area. Significant uncertainty remains with respect to the validity of many of the environmental models used by CRP, and the exact extent to which the sediment plume would impact on benthic communities and fish species beyond the mining blocks. Many of the species identified in the proposed marine consent area are likely to be vulnerable to increased rates of sedimentation and total suspended solids. Therefore, the EPA staff consider that the discharge of mine tailings may also have significant adverse effects on benthic communities and associated species beyond the areas that are to be mined. The Chatham Rise is home to New Zealand’s most productive commercial fisheries. The proposed marine consent area covers over 90 % of the Mid-Chatham Rise Benthic Protection Area (considered a Marine protected Area by the International Union for the Conservation of Nature and the United Nations Environment Programme), an area closed to bottom fish trawling since 2007. The destruction of benthic habitats and the disturbance of some commercial fish species at key stages of their life cycle could affect fish stocks and, therefore, commercial fishing interests. With respect to any potential effects on existing Māori/Moriori cultural interests, the EPA staff consider that these interests must be taken into account when making a decision on the application. CRP’s proposed mining activities would have significant adverse effects on a biologically diverse benthic community. Significant gaps in the information remain, and there is uncertainty about the ability to avoid, remedy or mitigate the adverse effects of these proposed mining activities. The EPA staff are not currently able to recommend granting this marine consent on the face of CRP’s application as it stands, but recognise that there is more information to be provided, which may change our view. Should the DMC be of the mind to grant the consent subject to conditions, after taking into account any relevant information, the EPA staff have attached a preliminary set of draft conditions to this report as a starting point. Table of Contents 1. SCOPE OF REPORT .................................................................................................................... 1 2. APPLICATION SUMMARY AND BACKGROUND ...................................................................... 2 2.1 Summary ........................................................................................................................... 2 2.2 Background ....................................................................................................................... 2 3. PROCESS, NOTIFICATION AND CONSULTATION ................................................................... 6 3.1 Process and notification .................................................................................................... 6 3.2 Consultation ...................................................................................................................... 8 4. SUBMISSIONS .............................................................................................................................. 9 4.1 Submissions by location ................................................................................................... 9 4.2 Submissions with Māori/Moriori cultural (existing) interests ............................................. 9 5 STATUTORY FRAMEWORK ...................................................................................................... 10 5.1 Decision to grant or refuse the application ..................................................................... 10 5.2 Information principles ...................................................................................................... 12 5.3 Purpose and Principles of the EEZ Act ........................................................................... 13 5.4 International Obligations ................................................................................................. 14 5.5 Treaty of Waitangi ........................................................................................................... 14 6 EFFECTS ON THE ENVIRONMENT AND IMPACT ASSESSMENT ........................................ 15 6.1 Physical environment ...................................................................................................... 17 6.1.1 General description of the physical environment.................................................. 17 6.1.2 Physical oceanography ......................................................................................... 18 6.1.3 Geology and Geomorphology ............................................................................... 20 6.1.4 Geochemistry and biogeochemistry ..................................................................... 23 6.2 Radioactive elements ...................................................................................................... 28 6.2.1 Radioelements on the Chatham Rise ................................................................... 28 6.3 Human health .................................................................................................................. 37 6.3.1 Toxic and radioactive elements ............................................................................ 37 6.4 Benthic environment (including demersal fish) ............................................................... 40 6.4.1 Benthic environment ............................................................................................. 40 6.5 Plankton, pelagic fish and cephalopods (including squid and octopus) ......................... 58 6.5.1 Description of pelagic environment ...................................................................... 58 6.6 Protected species............................................................................................................ 61 6.6.1 Marine mammals .................................................................................................. 61 6.6.2 Seabirds ................................................................................................................ 66 6.6.3 Corals .................................................................................................................... 70 6.7 Cumulative effects on the ecosystem (and of other activities) ....................................... 74 6.7.1 Chatham Rise ecosystem ..................................................................................... 74 7 EFFECTS ON EXISTING AND MAORI INTERESTS s39(1)(c)(d), (2)(a)(b), s59(2)(a)(b)(h)(l), s60 ............................................................................................................................................... 75 7.1 Legislative context .......................................................................................................... 75 7.2 Commercial interests ...................................................................................................... 77 7.2.1 Commercial fisheries ............................................................................................ 77 7.3 Māori/Moriori cultural (existing) interests .......................................................................
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