Media Release

Solid Energy applies for wildlife permits following High Court ruling

Coal producer, Solid Energy has lodged further applications for wildlife permits following today's High Court ruling that it requires a permit to move powelliphanta snails by 'direct transfer' and to mine on the Mt Augustus ridgeline within the Stockton Coal Mining Licence (CML) area.

Solid Energy Chief Executive Officer, Dr Don Elder, said: "Since we first learned that these snails were present in our planned mining area we have delayed mining and worked closely with the Department of Conservation on a range of proposals to protect this snail population. Regardless of today's ruling our intention has always been to take all practicable steps available to ensure the survival of these snails.

"Given that DoC now has all the necessary information to make decisions on the wildlife permits, a decision could be made in the very near future."

Forest and Bird sought a declaration from the Court, which was heard in Wellington on 13 December, that the company needed a permit under Section 71 of the Wildlife Act to move the snails by 'direct transfer' and to mine on the Mt Augustus ridgeline, part of the Stockton Opencast Mine.

Solid Energy, of its own volition, applied for a wildlife permit to move a number of snails by hand, even though the company's own legal advice was that it has all the permissions necessary under the Coal Mines Act, to move the snails by hand and by 'direct transfer' before starting to mine the Mt Augustus ridge of the Stockton Opencast Mine. Direct transfer is the precise excavation, removal and placement by a hydraulic excavator or face shovel of vegetation and the attached soil.

About 5 million tonnes of high quality coal, not found anywhere else on the mine, is located on the ridge including adjacent mining blocks known as the 'A10' and 'A14' blocks. Solid Energy plans to start mining the A10 block to meet customer demands in early 2006, and the A14 block in 2009.

Solid Energy proposals to protect snails
The Department of Conservation first notified Solid Energy in April 2004 the Powelliphanta snails in the Mt Augustus area found by Solid Energy appeared to have differing shell characteristics from other snails within the CML area. Surveys of the snails within the A10 Block and adjacent A14 Block were undertaken by Solid Energy in late 2004 and 2005. Importantly, surveys outside the area to be mined have found these snails in comparable concentrations to surveys inside the mining area, dispelling the myth that mining would eliminate this population.

Notwithstanding this, Solid Energy has worked with DoC over the last year to take all practical steps to protect the snail population including:

• Moving 100 snails by hand into a fenced predator-proof location about 800 metres to the north of Mt Augustus
• Moving snails, not captured by hand in the A10 and A14 Blocks, with the vegetation intact using direct transfer techniques to an area of similar topography and altitude.
• Leaving snails in the area that will not be disturbed by mining and ensuring that mining does not affect this area, or the adjacent A14 Block until 2009, and in addition providing further protection for the snails in these areas against mining activities and predators.
• Supporting DoC by transferring a proportion of the captured snails into, and maintaining, a captive management programme.
• Moving the snails in the A14 Block approximately 4 years later, following observation of the various methods of translocation and relocation to ensure that the population remaining in this block are relocated in the best possible manner.
• Undertaking intensive stoat, possum and rat control in the undisturbed habitat, the A14 Block (until 2009) and at and around the translocation site.

Trials of the mining techniques to be used indicate that the snail areas adjacent to the A10 Block will experience very little fly rock and very little silt. Solid Energy and DoC therefore do not expect these snails will be affected measurably from the effects of the adjacent mining activities. The A14 block is not scheduled to be mined until September 2009. This means that Solid Energy and the Department will be able to learn from the translocation and captive management of those snails from the A10 Block and apply that knowledge to the snails to be moved from the A14 Block.

For further information contact:

Vicki Blyth Telephone: 03 345 6000
Communications Director Mobile: 021 670 250
Solid Energy New Zealand Ltd

Notes
1. In April 2004 DoC had advised Solid Energy that the Powelliphanta snails in the area known as the A10 Block at Mt Augustus appeared to have differing shell characteristics from other snails within the Licence area. Survey work of the snails within the A10 Block and adjacent A14 Block was undertaken by Solid Energy in late 2004 and 2005.

2. Massey University have carried out DNA analysis of the snails found at Mt Augustus for DoC. Preliminary results have indicated a "degree of genetic differentiation" between the Mt Augustus snails and its closest relative Powelliphanta lignaria. However more work is required before the taxonomic status of the snails found at Mt Augustus can be determined.

3. In April 2005, Solid Energy advised DoC that it had received legal advice that the coal mining licence provided all necessary authority to move any snails before and during the course of mining operations. The mining licence contains specific conditions which require Solid Energy to minimise, so far as is practicable, adverse effects on wildlife during the mining.

4. The Department of Conservation's view is that while the mining licence gives Solid Energy the full authority to move snails as part of the mining process, additional authorisation is required under the Wildlife Act to pick up and move the snails by hand. Solid Energy did not wish to exercise its agreed right to mine the area without moving the snails first. It therefore made the decision apply for a permit to move the snails by hand (without prejudice to its position that no additional authorisation was required for either direct transfer or translocation by hand). The application was made on 10 August 2005 to translocate snails by hand and is currently being considered by DoC.

Direct transfer techniques
5. The aim of the direct transfer is to establish, as far as practicable, a habitat area that will be favourable for the survival of Powelliphanta snails that may have "piggybacked" on the direct transfer sods. Solid Energy has undertaken both experimental and operational direct transfer at Stockton Mine. Experimental work involved the transfer of tussock and forest vegetation, while operational work has involved both taller stature and tussock vegetation.

6. The direct transfer method has been accepted by the Environment Court as a suitable method for undertaking rehabilitation (including rehabilitation of Powelliphanta habitat) at the Cypress Mine site (another Solid Energy project on the Stockton Plateau).

7. Direct transfer will move adult and juvenile snails and eggs which may re-establish themselves in the new habitat. The direct transfer will also help to rehabilitate habitat around the periphery of the new snail area thus improving the overall value of the translocation release site. The outcome of translocation and direct transfer is not guaranteed. However, as the site is to be mined the option of translocating as many as possible of the snails (by direct transfer and individual translocation), offers the opportunity to conserve the population of P "Augustus".