The High Court last month revoked a groundwater use consent for Fulton Hogan’s Roydon Quarry, lodged by incorporated society Save Environmentally Endangered Soil and Water (SEESAW).
Seesaw spokesperson Davina Penny lives about 750m from the quarry and is concerned how the dust will be managed without the consent, which allowed up to 752 m³ per day to be taken.
“Several people live close to the boundary, and would be vulnerable in high winds and out-of-hours weather events where there would be no dust control,” she said.
Fulton Hogan has until October 1 to use the consent, after which it will need a new plan to keep the quarry compliant.
Fulton Hogan refused to answer questions from Selwyn Times about the decision – what it uses the water for, how it will address community concerns, and what it is planning to do after October 1.
Roydon Quarry started operating in March and has an expected life of 45 years, with an estimated 30 million cubic metres of aggregate material.
The 170ha quarry faced significant opposition, primarily from residents and businesses near the site, but was approved in 2021.
Since then, it has faced continued resistance, including from former mayor Bill Woods, who was waiting for the outcome of the High Court case when he died in April.
In her decision, Chief High Court Judge Justice Sally Fitzgerald found Environment Canterbury did not have the power to grant a “use-only” consent for quarrying, when the original consent was issued for the “take and use” of irrigating pasture. ECan’s error was “fundamental”, the judgment said.
It means that water approved for a certain take-and-use cannot be used for a different purpose under Canterbury’s land and water regional plan rules.
ECan regulatory implementation general manager Paul Hulse said Fulton Hogan could use up to 100m³ per day when not using its other water consent for irrigation.
Penny believed that was not going to be enough, and ECan should require Fulton Hogan to get a discharge to air consent.
“The circumstances are very different, and new and independent assessments are required to form the basis of a new set of conditions.
Hulse said it plans to work with Fulton Hogan to update its dust plan.
“We will work with the consent holder once they have had time to consider the decision and how it affects their operations. An updated dust management plan reflecting any changes in practices will be expected in due course,” Hulse said.
Penny said any new plan for dust needs to be transparent.
“Fulton Hogan should be considering holding a community meeting and discussing the plans with the members. The community has a right to know, in advance of when we will be expecting some high winds later this year.”
