Environmental group Forest and Bird has decided it will not appeal against an Environment Court decision allowing an open-cast coal mine on South Island's West Coast.
In October this year, the court ruled that the mine on the Denniston Plateau, north of Westport, could go ahead after a long-running legal battle to stop it.
Bathurst Resources plans to mine this area of the Denniston Plateau. Photo: Debs Martin
A Forest and Bird spokesperson, Debs Martin, said on Tuesday it is clear the court has now largely accepted that the mine will proceed, so while an appeal against some of the consent conditions may have been successful, it would not have actually stopped the mine.
Ms Martin said the organisation has reached an agreement with Australian-based Bathurst Resources that will ensure at least some of the plateau is protected for the sake of the native plants and animals it hosts.
Forest and Bird said the agreement strengthens protection for the area, but Conservation Minister Nick Smith said on Tuesday that is none of the lobby group's doing.
Nick Smith. Photo: RNZ
"Forest and Bird is being a bit cute in saying that they're not going to further appeal the Environment Court decision today because they've got an agreement with Bathurst for that area to be protected. The reality is that the Government made that commitment way back in April."
However, Forest and Bird argued that its agreement boosts a general requirement to protect the area that was originally made by the court.
In a statement to the New Zealand Stock Exchange, Bathurst said it has agreed not to mine for coal in a protected area near the proposed mine.
The company could not be reached for comment on Tuesday, but has earlier said it hopes to be mining at the start of 2014.
