exv10w106






Exhibit 10.106




WASTE DISPOSAL AGREEMENT BETWEEN




CARTER HOLT HARVEY PULP & PAPER LIMITED AND WHAKATANE MILL LIMITED


DATED: May 4, 2010



PARTIES



Carter Holt Harvey Pulp & Paper Limited (CHH)



Whakatane Mill Limited (WML) 


BACKGROUND





	A.	 	WML owns the Whakatane Mill which produces Waste.
	 
	B.	 	CHH owns the Landfill and holds the Resource Consents.
	 
	C.	 	CHH will make the Landfill available to WML for disposal of the Waste in
accordance with the terms of this Agreement.





AGREEMENT



The parties agree as follows:





	1.	 	INTERPRETATION
	 
	 	 	In this Agreement, unless the context otherwise requires:



Agreement means this agreement.
	 
	 	 	Commencement Date means the date of closing under the asset purchase agreement between
Carter Holt Harvey Limited and WML dated on or about the date of this Agreement.
	 
	 	 	Fee means the fee payable by WML as set out in clauses 6.2 and 6.3.
	 
	 	 	Force Majeure Event means any or all of the following events or occurrences and the effects
thereof: act of God or public enemy, flood, earthquake, storm, cyclone, tornado, hurricane,
lightning, fire, explosion, epidemic, war, embargo, riot or civil disturbance, strike or
other labour dispute, sabotage, expropriation, confiscation or requisitioning of
facilities, order or temporary or permanent injunction of any duly constituted court of
competent jurisdiction and any other matter or event which is beyond the control of a party
(but excluding the payment of money for any reason) and of which that party could not take
reasonable measures to prevent or mitigate the effects.
	 
	 	 	Government Agency means any government or any public, statutory, governmental (including a
local authority), semi-governmental, local governmental or judicial body, entity,
department or authority, any self-regulatory organisation established under statute, or any
other body that has legal power to require another person to act or not act in a particular
way or to authorise a particular act in any part of the world.
	 
	 	 	Initial Period means the period from the Commencement Date until the date which is 12
months after the date on which CHH gives written notice to WML that CHH desires that the
Subsequent Period commence.




 









 












	 	 	Landfill means the Davies Block landfill located on part of the land contained in certificate of
title SA46D/801 as more specifically shown on the plan attached as Appendix 1.
	 
	 	 	Landfill Operator means:






	 	(a)	 	WML during the Initial Period; and
	 
	 	(b)	 	CHH during the Subsequent Period.






	 	 	Management Plan means the draft Davies Block Solids Waste Landfill Operations Plan dated 22 April
2010 (a copy of which is attached as Appendix 3), as amended from time to time by CHH, in
consultation with WML.
	 
	 	 	Prohibited Waste means any material not explicitly permitted under the Management Plan.
	 
	 	 	Resource Consents means:






	 	(a)	 	the land use consent issued by the Whakatane District Council on 21 December 1978, a copy of
which is attached as Appendix 2;
	 
	 	(b)	 	permit 024303 to discharge stormwater and/or leachate to groundwater issued by the Bay of
Plenty Regional Council on 22 April 1998, a copy of which is attached as Appendix 2;
	 
	 	(c)	 	permit 024302 to discharge solid waste from wood and paper processing, and ancillary
activities onto and/or into land issued by the Bay of Plenty Regional Council on 22 April
1998, a copy of which is attached as Appendix 2;
	 
	 	(d)	 	any variations to the above consent or permits; and
	 
	 	(e)	 	any replacement or additional resource consents, once received, necessary to operate the
Landfill.






	 	 	Subsequent Period means the period commencing 12 months and 1 day after the date on which CHH gives
written notice to WML that CHH desires that the Subsequent Period commence and continuing until
this Agreement is terminated.
	 
	 	 	Waste means the material which is classed as acceptable under the Management Plan.
	 
	 	 	Waste Docket means a written docket by the Waste Generator detailing the volume and type of Waste
for each load of Waste delivered to the Landfill.
	 
	 	 	Waste Generator means:






	 	(a)	 	WML during the Initial Period; and
	 
	 	(b)	 	WML, CHH and any related company of CHH during the Subsequent Period.




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	 	 	Whakatane Mill means WML’s mill at Whakatane.
	 
	 	 	A reference to New Zealand dollars, dollars, NZ$ or $ is a reference to the lawful currency
of New Zealand.
	 
	2.	 	TERM
	 
	 	 	This Agreement will commence on the Commencement Date and will continue until terminated in
accordance with clause 10 or clause 15.
	 
	3.	 	USE OF THE LANDFILL
	 
	 	 	CHH agrees to make the Landfill available for use by WML, so that WML may:






	 	(a)	 	deposit its Waste from the Whakatane Mill in the Landfill up to a maximum of
16,000 tonnes per annum (as increased in accordance with any variation to the Resource
Consents); and
	 
	 	(b)	 	where relevant, operate the Landfill,






	 	 	in accordance with the terms and conditions of this Agreement. WML agrees thai it will use
and, where relevant, operate the Landfill in accordance with terms and conditions of this
Agreement.
	 
	4.	 	OPERATION OF THE LANDFILL
	 
	4.1.	 	Obligations of the Landfill Operator
	 
	 	 	The Landfill Operator will:






	 	(a)	 	not take any action which:






	 	(i)	 	necessitates a reduction in the volume of Waste which WML may
dispose of in the Landfill to less than 16,000 tonnes per annum;
	 
	 	(ii)	 	necessitates an exclusion of types of Waste that WML has been
validly disposing of in the Landfill in the previous 12 months; or
	 
	 	(iii)	 	in any other way hinders WML’s ability to dispose of its Waste from
the Whakatane Mill in the Landfill in accordance with its rights under
this Agreement,






	 	 	 	without the prior written consent of WML;
	 
	 	(b)	 	operate and maintain the Landfill in accordance with this Agreement, the
Management Plan and any requirements in the Resource Consents, including but not
limited to carrying out any necessary monitoring and maintenance required to comply
with the Management Plan and the Resource Consents;
	 
	 	(c)	 	give CHH such assistance as CHH reasonably requires to enable CHH to report
to and liaise with any relevant Government Agency with regard to the Landfill, the
Management Plan and the Resource Consents;
	 
	 	(d)	 	not accept or dispose of any material in the Landfill from or on behalf of
any person or organisation that is not a Waste Generator without the prior written
consent of the other party (not to be unreasonably withheld or delayed);




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	 	(e)	 	maintain and where necessary, replace fencing around the Landfill and roading
between the Landfill and State Highway 30 and keep the Landfill secure at all times;
	 
	 	(f)	 	develop, maintain and keep the Waste Generators advised on any updates to
site specific procedures for the disposal of Waste in the Landfill, including but not
limited to health and safety protocols;
	 
	 	(g)	 	provide a site induction for any Waste Generator’s employees, contractors
or agents prior to such people entering the Landfill for the first time;
	 
	 	(h)	 	keep and maintain a full record of all Waste disposed of in the Landfill
including the Waste Generator disposing the Waste, the amount and
nature of the Waste;
	 
	 	(i)	 	remove any Prohibited Waste discovered in the Landfill and arrange for
such Prohibited Waste to be returned to the party who dumped such
Prohibited Waste and at the cost of such party;
	 
	 	(j)	 	maintain a public liability insurance policy for not less than $10,000,000;
and
	 
	 	(k)	 	meet all costs associated with operating and maintaining the Landfill.






	4.2.	 	Obligations of CHH
	 
	 	 	CHH will:






	 	(a)	 	be responsible for reporting to and liaising with any relevant Government
Agency with regard to the Landfill, the Management Plan and any requirements in the
Resource Consents to the extent that any such reporting or liaising is required by
that Government Agency, whether under the terms of the Management Plan, the Resource
Consents or otherwise; and
	 
	 	(b)	 	pay all costs, charges and fees as they fall due, including but not limited
to district and regional council rates, administration charges and monitoring fees
invoiced to CHH and arising from, or attributable to, the Landfill.






	5.	 	DEPOSITING WASTE IN THE LANDFILL
	 
	5.1.	 	Obligations of Waste Generators
	 
	 	 	The Waste Generators will:






	 	(a)	 	dispose only of Waste at the Landfill which compiles with the Resource
Consents and Management Plan;
	 
	 	(b)	 	provide the Landfill Operator with a forecast of the types and volumes of
Waste for each successive quarterly period in advance;
	 
	 	(c)	 	on arrival at the Landfill with Waste, and prior to disposing of such Waste
in the Landfill, provide the Landfill Operator with a Waste Docket and dump Waste only
in accordance with such Waste Docket;




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	 	(d)	 	ensure that all of its employees, contractors or agents accessing the Landfill
have been provided with the Landfill Operator’s most recent site specific procedures
notified to the Waste Generator;
	 
	 	(e)	 	notify the Landfill Operator of any new employees, contractors or agents
who will be accessing the Landfill and require such new employees, contractors or
agents to undertake a site induction to familiarise the new personnel with the
Landfill Operator’s site specific procedures;
	 
	 	(f)	 	provide the Landfill Operator with such technical assistance as is
appropriate and available to the Waste Generator to assist the Landfill Operator in
disposal of Waste of that Waste Generator in compliance with the Resource Consents
and Management Plan; and
	 
	 	(g)	 	upon the receipt of a valid tax invoice from the Landfill Operator,
reimburse the Landfill Operator for all costs incurred by the Landfill Operator for
the return or disposal of any Prohibited Waste.






	6.	 	FEES
	 
	6.1.	 	Landfill Fee
	 
	 	 	WML will pay CHH the fee.
	 
	6.2.	 	Fee during the initial Period
	 
	 	 	During the Initial Period, the Fee shall be equal to the aggregate of:






	 	(a)	 	$1.00 per month plus GST, being a license fee; and
	 
	 	(b)	 	all costs, charges and fees, including but not limited to district and
regional council rates, administration charges and monitoring fees incurred by CHH and
arising from, or attributable to, operating and maintaining the Landfill.






	6.3.	 	Fee during the Subsequent Period
	 
	 	 	During the Subsequent Period, the Fee shall be equal to the aggregate of:






	 	(a)	 	$1.00 per month plus GST, being a Landfill user fee; and
	 
	 	(b)	 	a pro rata share, calculated on the volume of Waste disposed of by WML at the
Landfill, of all costs, charges and fees, including but not limited to district and
regional council rates, administration charges and monitoring fees incurred by CHH and
arising from, or attributable to, operating and maintaining the Landfill.






	6.4.	 	Records
	 
	 	 	For the purposes of calculating that part of the Fee under clauses 6.2(b) and 6.3(b), CHH
will maintain sufficiently detailed records of:






	 	(a)	 	all costs, charges and fees, including but not limited to district and
regional council rates, administration charges and monitoring fees incurred by CHH and
arising from, or attributable to, the use of the Landfill; and
	 
	 	(b)	 	where CHH is the Landfill Operator, the volume of Waste attributable to each
Waste Generator.




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	6.5.	 	Fee Disputes
	 
	 	 	If there is any dispute between the parties in relation that part of the Fee described in
clauses 6.2(b) or 6.3(b), and the parties are not able to resolve such dispute within four
weeks of the date on which a party objected in writing to the other party to that part of
the Fee (for whatever reason), the matter will be referred to an independent expert for
determination in accordance with clause 6.6 (Independent Expert). The parties will provide
the Independent Expert with such information as may be reasonably requested. The
Independent Expert must determine the Fee, as the case may be, within 14 days following
appointment. The determination of the Independent Expert will be final and binding on the
parties, save for manifest error.
	 
	 	 	On resolution of any dispute related to the Fee, the parties will pay or credit, as
appropriate, to account for any backdated changes to the Fee.
	 
	 	 	For the avoidance of doubt, that part of the Fee described in clauses 6.2(a) and 6.3(a)
shall not be subject to any review or dispute and neither party may refer that part of the
Fee to the Independent Expert.
	 
	6.6.	 	Independent Expert
	 
	 	 	The Independent Expert will be appointed in accordance with the following provisions:






	 	(a)	 	the Independent Expert will be appointed by both parties or, where the
parties cannot agree within 14 calendar days, appointed by:






	 	(i)	 	in relation to disputes regarding the Fee, the chairperson of the
Auckland branch of the Institute of Chartered Accountants of New
Zealand; and
	 
	 	(ii)	 	in relation to all other disputes, the President of the New Zealand Law
Society;






	 	(b)	 	the Independent Expert will act as an expert and not as an arbitrator and the
law relating to arbitration will not apply to the Independent Expert’s determination;
and
	 
	 	(c)	 	the costs and expenses of the Independent Expert will be shared by the
parties equally.






	6.7.	 	Payment by WML
	 
	 	 	CHH will provide WML with a tax invoice for the Fee within 14 days following the end of
each month to which it relates. WML will pay each invoice for the Fee due, on the last day
of the month following the date of the invoice.
	 
	7.	 	ADDITIONAL RESOURCE CONSENTS
	 
	7.1.	 	Deemed Resource Consent
	 
	 	 	Any additional or replacement resource consent, or variation to a Resource Consent in
relation to the operation and maintenance of the Landfill will be deemed to be a Resource
Consent from the date that a party receives a copy of that resource consent. For the
avoidance of doubt, if one party receives a copy of a resource consent and the other party
does not, the party who has received the resource consent is required to comply with that
resource consent; the other party is not so required until it has received a copy of the
resource




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		 	consent. If a party is aware that a resource consent has been issued but that party has not
yet received a copy, that party must use all reasonable endeavours to obtain a copy of that
resource consent as soon as is practicable.






	7.2.	 	No Objection
	 
	 	 	CHH will not seek any additional or replacement resource consent or variation to a Resource
Consent in relation to the operation and maintenance of the Landfill without the prior
written consent of WML (such consent not to be unreasonably withheld or delayed).
	 
	8.	 	LICENSE
	 
	 	 	CHH grants to WML, and WML accepts from CHH, a license to access, occupy and operate the
Landfill during the Initial Period in accordance with the terms and conditions of this
Agreement.
	 
	9.	 	DISPUTE RESOLUTION PROCESS
	 
	9.1.	 	Procedure
	 
	 	 	if any dispute arises between the parties under or in connection with this Agreement (other
than a dispute in relation to the Fee under clause 6.5):






	 	(a)	 	the dispute must initially be referred to the parties’ respective nominated
representatives who are responsible for the management of this Agreement;
	 
	 	(b)	 	the representatives must then use their reasonable endeavours to resolve the
dispute; and
	 
	 	(c)	 	if the parties’ representatives are unable to resolve the dispute within 30
days of the referral, or such other period as is agreed in writing, the dispute must
be referred to the parties’ respective Chief Executives who will use their reasonable
endeavours to resolve the dispute within 10 days.






	9.2.	 	No resolution
	 
	 	 	If the dispute cannot be resolved by the parties’ respective Chief Executives within the
time period specified in clause 9.1(c), either party may require the dispute to be referred
to an Independent Expert. The Independent Expert’s decision will be final and binding on
the parties, save for manifest error.
	 
	9.3.	 	Confidentiality
	 
	 	 	The parties will hold confidential, unless otherwise required by law or at the direction of
a court of competent jurisdiction, all information relating to the subject matter of the
dispute as disclosed during or for the purposes of dispute resolution under this clause 9.




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	10.	 	TERMINATION
	 
	10.1.	 	Termination without cause
	 
	 	 	WML may terminate this Agreement by giving a minimum of 3 months written notice of
termination to CHH. Any time after 1 May 2016, CHH may terminate this Agreement by giving a
minimum of 3 years written notice of termination to WML provided that if the conditions of
any Resource Consent necessary to operate the Landfill are reviewed by and at the
instigation of the relevant Government Agency and are subsequently amended in such a way as
to make operation of the Landfill uneconomic, in CHH’s opinion (acting reasonably), then
CHH may terminate this Agreement by giving a minimum of 6 months written notice of
termination to WML.
	 
	10.2.	 	Termination on expiry of Resource Consents
	 
	 	 	This Agreement shall automatically terminate as from the day that any Resource Consent
necessary to operate the Landfill expires and is not replaced.
	 
	10.3.	 	Termination with cause
	 
	 	 	A party may terminate this Agreement with immediate effect by giving written notice to the
other party if:






	 	(a)	 	that other party commits a material breach of this Agreement that is not
capable of being remedied;
	 
	 	(b)	 	that other party commits a material breach of this Agreement that is capable
of being remedied, and then fails to remedy the breach within 30 days after receiving
notice requiring it to do so;
	 
	 	(c)	 	that other party ceases to be able to pay its debts as and when they become
due or ceases to carry on business; or
	 
	 	(d)	 	any step is taken to appoint a receiver, a receiver and manager, a
provisional liquidator, a liquidator, an administrator or other like person of the
whole or part of that other party’s assets, operations or business, or any action is
taken by any person that is analogous to the foregoing.






	11.	 	Assignment
	 
	11.1.	 	No assignment without consent
	 
	 	 	This Agreement may be assigned by either party subject to approval in writing from the
other party. This approval is not to be unreasonably withheld and shall be given if:






	 	(a)	 	the party requesting approval (Requesting Party] proves to the reasonable
satisfaction of the other party that the proposed assignee is respectable, responsible
and has the financial resources to meet the Requesting Party’s obligations under this
Agreement; and
	 
	 	(b)	 	all amounts due and payable by the Requesting Party under this Agreement have
been paid and there is not any subsisting material breach of the Requesting Party’s
obligations under this Agreement.






	11.2.	 	Assignment to Related Entities
	 
	 	 	Notwithstanding clause 11.1 and clause 11.3, either party may assign or




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	 	 	otherwise transfer without the approval of the other party any right or obligation arising
out of this Agreement to any entity who is (directly or indirectly) owned or controlled by
Mr. Graeme Richard Hart.
	 
	11.3.	 	Change in Control
	 
	 	 	A change in control of either party will be deemed to be an assignment for the purposes of
this clause 11. For the purposes of this Agreement, change in control means:






	 	(a)	 	where a party ceases to be controlled directly or indirectly by Mr. Graeme
Richard Hart;
	 
	 	(b)	 	where there is a change in direct or indirect control of a party (but, for
the avoidance of doubt, if a party is controlled directly or indirectly by Mr Graeme
Richard Hart, there will not be a change in control of that party arising from any
transfer or other transaction if, following that transfer or transaction, that party
continues to be controlled directly or indirectly by Mr. Graeme Richard Hart);
	 
	 	(c)	 	a sale of the majority of the assets comprising the Whakatane Mill to a third
party who is not controlled directly or indirectly by Mr. Graeme Richard Hart; or
	 
	 	(d)	 	a sale of the majority of the assets comprising the Landfill to a third party
who is not controlled directly or indirectly by Mr. Graeme Richard Hart.






	12.	 	LIMITATION OF LIABILITY
	 
	12.1.	 	Limited liability
	 
	 	 	The liability of either party under this Agreement shall be limited to $10 million.
	 
	12.2.	 	Indemnity
	 
	 	 	Subject to clause 12.1, where after the Commencement Date, any act or omission of WML or
CHH (or their respective employees, agents or contractors) breaches:






	 	(a)	 	the Management Plan;
	 
	 	(b)	 	a Resource Consent; or
	 
	 	(c)	 	without prejudice to any rights under (a) or (b), that party’s obligations
under this Agreement, and such breach results in:






	 	(i)	 	any form of enforcement proceeding or prosecution of WML or CHH
under the Resource Management Act 1991 or otherwise; or
	 
	 	(ii)	 	any demand by a Government Agency to take remedial action,






	 	 	that party shall indemnify the other party from and against any liability, damage, loss,
cost or reasonable expense suffered or incurred as a result of the breach, including but
not limited to:






	 	(d)	 	remediation and all other costs required to remedy the breach to the
satisfaction of any relevant Government Agency;




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	 	(e)	 	any reasonable legal fees associated with defending any proceeding or
prosecution;
	 
	 	(f)	 	any costs incurred, including but not limited to freight and disposal costs,
as a result of having to divert its Waste (or Waste of any of its related entities) to
an alternate site as a result of such breach.






	 	 	Each party will promptly notify the other party if it becomes aware of any events, matters
or circumstances which may give rise to a claim under this clause. Neither WML nor CHH will
admit anything in connection with any claim without the prior written consent of the other
party (such consent not to be unreasonably withheld or delayed). CHH may, by notice to WML,
assume the conduct of the defence of any claim, proceeding or demand arising under this
clause provided that it acts reasonably in all the circumstances. CHH and WML will consult
with each other in defending any proceeding, prosecution or environmental demand or
remedying any breach under this clause and provide the other party with all relevant
documents and access reasonably requested by it from time to time. Any remedial action for
which either party is liable to indemnify the other party under clause 12.2(c) shall be
limited to such actions as are strictly necessary to comply with any demand or order made
by a Government Agency.
	 
	12.3.	 	Exclusion of liability
	 
	 	 	Subject to clause 12.2, each party shall not in any circumstances be liable to the other
party for any loss of profits or indirect or other consequential loss or damage (including
any loss of: business income; profits; revenue; customers; penalties; fines; damages for
personal injury; use of an asset; production; contract; goodwill; or loss or corruption of
data and additional finance or interest costs) in relation to this Agreement.
	 
	12.4.	 	Liability for negligence, wilful act or omission
	 
	 	 	The liability of either party where, and to the extent that, the losses or damages of the
other party are caused by the liable party’s gross negligence or wilful act or wilful
omission shall not be subject to the limitations in clause 12.3.
	 
	13.	 	NOTICES
	 
	13.1.	 	Particulars for notices
	 
	 	 	The particulars for delivery of notices are initially:






	 	(a)	 	Carter Holt Harvey Pulp & Paper Limited






	 	Address: 	 	 Physical Address

Kinleith Site

State Highway 1

Kinleith Tokoroa 3491

Postal Address 

Private Bag 6 

Tokoroa 3444
	 	Attention:  	 	Jim Newfield
	 	Telephone:  	 	07 885 5999
	 	Facsimile: 	 	 07 886 3614
	 	Email: Jim.Newfield@chh.co.nz
	 
	 	Copy to each of the persons named below:




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	 	Carter Holt Harvey Limited
	 
	 	Address: 	 	 173 Captain Springs Road

Te Papapa

Private Bag 92-106

Auckland 1142
	 	Attention: 	 	 Business Legal Counsel — Pulp, Paper and Packaging
	 	Facsimile: 	 	 09 633 0601
	 
	 	Rank Group Limited
	 	Address: 	 	 Level Nine

148 Quay Street

PO Box 3515

Auckland
	 	Attention: 	 	 Greg Cole
	 	Facsimile: 	 	 09 366 6263
	 	Email: Greg.Cole@rankgroup.co.nz
	 
	 	Rank Group Limited
	 	Address: 	 	 Level Nine

148 Quay Street

PO Box 3515

Auckland
	 	Attention: 	 	 Helen Golding
	 	Facsimile:  	 	09 366 6263
	 	Email: Helen.Golding@rankgroup.co.nz






	 	(b)	 	Whakatane Mill Limited






	 	Address: 	 	 Mill Road
Whakatane
	 	Attention: 	 	 Graham Millar
	 	Telephone:  	 	07 306 3800
	 	Facsimile: 	 	 07 306 3655
	 	Email: Graham.Millar@chh.co.nz
	 
	 	Copy to each of the persons named below:
	 
	 	SIG Group
	 	Address:  	 	Laufengasse 18 CH-8212 Neuhausen am Rheinfall

Switzerland
	 	Attention: 	 	 Marco Haussener
	 	Facsimile:  	 	0041 52 674 7200
	 	Email: Marco.Haussener@sig.biz
	 
	 	SIG Group
	 	Address: 	 	 Laufengasse 18 CH-8212 Neuhausen am Rheinfall

Switzerland
	 	Attention: 	 	 Daniel Petitpierre
	 	Facsimile: 	 	 0041 52 674 6556
	 	Email: Daniel.Petitpierre@sig.biz






	13.2.	 	Delivery
	 
	 	 	Any notice, demand, consent or other communication given or made under this Agreement
(Notice) must be:






	 	(a)	 	left at the address (or addresses) set out or referred to in clause 13.1;
	 
	 	(b)	 	sent by prepaid ordinary post (airmail if appropriate) to the address (or




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	 		 	addresses) set out or referred to in clause 13.1;
	 
	 	(c)	 	sent by fax to the fax number set out or referred to in clause 13.1;
	 
	 	(d)	 	sent by email to the email address set out or referred to in clause 13.1; or
	 
	 	(e)	 	given in any other way permitted by law.
	 
	 	However, if the intended recipient has notified a changed postal address, physical address,
fax number or email address, then the communication must be to that address or number.






	13.3.	 	When effective
	 
	 	 	A Notice takes effect from the time it is received unless a later time is specified.
	 
	13.4.	 	Receipt — post
	 
	 	 	If sent by post, a Notice is taken to be received three days after posting (or seven days
after posting if sent to or from a place outside New Zealand).
	 
	13.5.	 	Receipt-fax
	 
	 	 	If sent by fax, a Notice is taken to be received at the time shown in the transmission
report as the time that the whole fax was sent.
	 
	13.6.	 	Receipt — email
	 
	 	 	If sent by email, a Notice is taken to be received at the time shown in the sent email as
the time that the email was sent.
	 
	13.7.	 	After hours communications
	 
	 	 	If a Notice is given:






	 	(a)	 	after 5.00 pm in the place of receipt;
	 
	 	(b)	 	on a day which is a Saturday, Sunday or bank or public holiday in the place
of receipt, or
	 
	 	(c)	 	on a day starting from and including 24 December to 3 January,






	 	 	it is taken as having been given at 9.00 am on the next day which is not a Saturday, Sunday
or bank or public holiday in that place.
	 
	14.	 	Confidentiality
	 
	 	 	Except as required by law or by the rules of any applicable stock exchange, each party
agrees to keep the terms of this Agreement and any information supplied directly or
indirectly by the other party (which is not public information) confidential, provided that
each party is permitted to make such disclosures to its employees, agents, advisers or
subcontractors as is necessary to enable that party to perform its obligations under this
Agreement.
	 
	15.	 	Force Majeure
	 
	 	 	Neither party will be liable for any failure to perform its obligations under this
Agreement where such failure is due to a Force Majeure Event, provided that the affected
party:




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	 	(a)	 	promptly notifies the other party of the cause arising;
	 
	 	(b)	 	uses its reasonable endeavours to overcome or work around such cause and to
minimise its effects; and
	 
	 	(c)	 	uses its reasonable endeavours to resume performance of the obligation
frustrated by such cause as soon as such cause has abated.






	 	 	Either party may terminate this Agreement in whole or in part to the extent the other
party’s performance of its obligations under this Agreement is materially affected by a
Force Majeure Event lasting more than 20 days.
	 
	 	 	If CHH is unable to provide any of the services under this Agreement due to a Force Majeure
Event, then WML may purchase or source the relevant services from a third party while the
Force Majeure Event continues.
	 
	16.	 	Governing law
	 
	 	 	This Agreement will be governed by and construed in accordance with the laws of New
Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction
of the courts of New Zealand.
	 
	17.	 	Costs
	 
	 	 	Subject to any express provision in this document to the contrary, each party shall bear
its own legal and other costs and expenses relating directly or indirectly to the
preparation of, and performance of its obligations under, this Agreement.
	 
	18.	 	Amendment
	 
	 	 	This Agreement may only be varied or replaced by an instrument in writing duly executed by
the parties.
	 
	19.	 	Counterparts
	 
	 	 	This Agreement may consist of a number of counterparts and if so the counterparts taken
together constitute one and the same instrument.
	 
	20.	 	Joint and several liability
	 
	 	 	An obligation under this Agreement of two or more persons binds them jointly and severally.
	 
	21.	 	Entire agreement
	 
	 	 	This Agreement and the documents specifically referred to in it constitute the entire
understanding and agreement between WML and CHH with respect to the operation of the
Landfill, and supersedes all negotiations, prior discussions, and preliminary agreements,
between the parties.
	 
	22.	 	Invalidity
	 
	 	 	If any provision of this Agreement is held to be illegal, invalid or unenforceable, such
provision will be deleted from the document, and the parties shall in good faith negotiate
to replace the provision with a new provision which being legal, valid and enforceable,
comes closest to the meaning of the original provision, and the remainder of this Agreement
will not be affected.
	 
	23.	 	Further Assurances




13









 












	 	 	Each party shall promptly execute all documents and do all things that any other party from time to
time reasonably requires of it to effect, perfect or complete the provisions of this Agreement and
any transaction contemplated by it.




14









 











	 	 	 	 	 
	Executed as an agreement.	 
	 
	Executed by Carter Holt Harvey Pulp & 	) 
	Paper Limited  	) 
	 
	/s/ Robert B. Bailey
 	 
	Authorised Signatory 	 
	 
	Robert B. Bailey
 	 
	Print name 	 
	 
	Executed by Whakatane Mill Limited 	) 
	 	) 
	 
	/s/ Robert B. Bailey
 	 
	Authorised Signatory 	 
	 
	Robert B. Bailey
 	 
	Print name 	 
	 	 



15









 






	 	 	 	 	 



APPENDIX 1




Map of Landfill



16









 





APPENDIX 2 




Resource Consents as at the Commencement Date



17









 





APPENDIX 3 




Management Plan


18











 











 









 






Consent Number: 02 4302





BAY OF PLENTY REGIONAL COUNCIL




RESOURCE CONSENT




	 	 	Pursuant to section 105 of the Resource Management Act 1991, The Bay Of
Plenty Regional Council, by a decision dated 12 February 1998,
Hereby Grants to:





	 	 	 

	 

	 	CARTER HOLT HARVEY LIMITED
	SEE TRANSFER:  

	 	CARTER HOLT HARVEY LIMITED
	 

	 	operating as CARTER HOLT HARVEY TISSUE
	 

	 	Fletcher Avenue   Private Bag 92-106
	 

	 	KAWERAU           AUCKLAND







	 	 	A permit pursuant to section 15(1)(d) of the Resource Management Act 1991 to
Discharge Solid Waste From Wood And Paper Processing,
And Ancillary Activities, Onto And/Or Into Land subject to the following
conditions:






	 	1	 	PURPOSE
	 
	 	 	 	To landfill solid waste from wood and paper processing and ancillary
operations.
	 
	 	2	 	LOCATION OF DISCHARGE
	 
	 	 	 	As shown on pages 2 and 8 of the document “Application for Consent for a
Solid Waste Landfill and Assessment of Environmental Effects”, March 1995, and
the letter 21 July 1997 from Carter Holt Harvey Tissue both submitted in support
of the application, an area of no more than seven (7) hectares.
	 
	 	3	 	RATE OF DISCHARGE
	 
	 	 	 	The maximum rate of landfilling shall not exceed 16000 tonne in any given
12 month period.
	 
	 	4	 	MAP REFERENCE
	 
	 	 	 	NZMS 260 V15 335 436 at about the centre of the site.





/s/ A C Bruere






 









 








Consent Number: 02 4302





	 	5	 	LEGAL DESCRIPTION
	 
	 	 	 	Lot 330 Parish of Matata, Block XII, Rotoma SD (Whakatane District)
	 
	 	6	 	OPERATION/MANAGEMENT






	 	6.1	 	The consent holder shall ensure that the landfill is operated in
accordance with the principles contained within pages 4, 5 and 6 of
the document “Application for Consent for a Solid Waste Landfill and
Assessment of Environmental Effects”, March 1995, and any other
information supplied in support of the consent application.
	 
	 	6.2	 	The consent holder shall take reasonable steps to ensure the stability
of any embankments at all times of the north face of the embankment above the
irrigation pond.




see change:





	 	6.3	 	The consent holder shall ensure that there is no surface discharge of
stormwater, from the immediate area of the landfilling operation, to a
permanently flowing watercourse stream (except in a one in five year 24 hour
duration storm or greater).
	 
	 	6.4	 	The consent holder shall ensure that, at no point beyond the
property boundary as defined in condition 5, shall the groundwater contain
toxic, corrosive or other deleterious wastes derived from the landfill in
amounts that individually or collectively prevent the present and foreseeable
future uses or the groundwater resource (including drinking water, stock
watering and irrigation).
	 
	 	6.5	 	Only wastes as described on page 4 of the document “Application
for Consent for a Solid Waste Landfill and Assessment of Environmental Effects”,
March 1995, shall be disposed of in this site unless otherwise approved in
writing by the General Manager of the Bay of Plenty Regional Council or
delegate.






	 	7	 	RECORDS






	 	7.1	 	The consent holder shall retain an appropriately experienced person to
supervise the operation of this landfill. The consent holder shall compile an
annual report on the operation of the landfill. That report shall detail:






	 	7.1.1	 	A summary of waste disposed at the landfill for that year,
including total volume.





/s/ A C Bruere








 









 








Consent Number: 02 4302





	SEE CHANGE:    	7.1.2	 	The summary and interpretation of any monitoring results for
the previous year as required under conditions 1.2 and 7.3.






	SEE CHANGE:  	7.2	 	 The consent holder shall retain suitably qualified persons with
appropriate experience in the assessment of the quality of groundwater
to develop a leachate and groundwater monitoring programme, in consultation
with Council staff, to:






	 	7.2.1	 	Characterize the existing groundwater quality.
	 
	 	7.2.2	 	Dotermine the effect of leachate being
generated on the quality of the groundwater in the vicinity of the
disposal site.






	SEE CHANGE:  	7.3	 	The draft monitoring programme is to be submitted to the Regional
Council for approval by the General Manager or Delegate within three months
of the granting of the consent and the first phase of sampling implemented
within one year of the granting of the consent.






	 	8	 	NOTIFICATION/CLOSURE
	 
	 	 	 	The consent holder shall produce and forward to the Regional Council a post
closure Land Management Plan for the Solid Waste Landfill, for the approval of the
General Manager of the Regional Council or delegate, as least three (3) months prior
to the Landfill being closed to solid waste disposal. The consent holder shall give
the Regional Council six (6) months notice of intention to close.
	 
	 	9	 	REVIEW




see change:





	 	9.1	 	The Bay of Plenty Regional Council may, within six months of the receipt on
an Annual Report required by condition 7.1, containing monitoring results
required by condition 7.2, serve notice on the consent holder under section
128(1)(a)(ii) of the Resource Management Act 1991, that it intends to review the
conditions of this consent. The purpose of such a review is to ensure that the
present and foreseeable future uses of the groundwater resource are not being
and are unlikely to be compromised, by the exercise of this permit.
	 
	 	9.2	 	The consent holder may within one month of each anniversary of
the date of commencement of this consent apply to the Regional Council under
section 127(1)(a) of the Resource Management Act 1991 to change or delete any
condition of this consent.






	 	10	 	TERM OF PERMIT
	 
	 	 	 	This permit shall terminate on 31 December 2032.
	 
	 	11	 	RESOURCE MANAGEMENT CHARGES




/s/ A C Bruere








 









 








Consent Number: 02 4302





	 	 	 	The consent holder shall pay to the Bay of Plenty Regional Council such
administrative charges as are fixed from time to time by the Regional Council in
accordance with section 36 of the Resource Management Act 1991.
	 
	 	12	 	THE PERMIT hereby authorised is granted under the Resource Management Act
1991 and does not constitute an authority under any other Act, Regulation or Bylaw.





DATED at Whakatane this 18th day of April 1998




For and on behalf of 
The Bay of Plenty Regional Council




/s/ A C Bruere
for


J A Jones

General Manager





	 	 	CHANGE
	 
	 	 	The change of this resource consent was approved under delegated authority of the Bay of
Plenty Regional Council, dated 15 July 1998, as follows:
	 
	 	 	Change 6.2 and 6.3 of 02 4302 to read as follows:






	 	6.2	 	the consent holder shall take reasonable steps to ensure the stability at all times
of the north face of the embankment above the irrigation pond.
	 
	 	6.3	 	the consent holder shall take reasonable steps to ensure that there is no surface
discharge of stormwater from the immediate area of the landfilling operation, to a
permanently flowing stream (except in a 1 in 5 year 24 hour duration storm or greater).






	 	 	Delete conditions 7.1.2, 7.2 and 7.3 and 02 4302 and 02 4303.
	 
	 	 	And add a new condition, 9.2 in both 02 4302 and 02 4303, as follows:






	 	9.2	 	the consent holder may within one month of each anniversary of the date of
commencement of this consent apply to the Regional Council under section 127(1)(a) of the
Resource Management Act 1991 to change or delete any condition of this consent.




 









 











Consent Number: 02 4302





/s/ A C Bruere

for

R B Gardner

Manager Consents & Compliance





	 	For            JA Jones

                 Chief Executive





TRANSFER



The transfer of the whole of this resource consent from CARTER HOLT HARVEY LIMITED
OPERATING AS CARTER HOLT HARVEY TISSUE to CARTER HOLT HARVEY LIMITED was received
under delegated authority of the Bay of Plenty Regional Council, dated 22 June 2005.





/s/ A C Bruere

for

A C Bruere

Manager Consents & Compliance





	 	for            J A Jones

                 Chief Executive






 











 






			
	Your Ref:
	 	 
	Our Ref: 1370 02 4302 & 02 4303



1 August 2005	 





Attention P Raea






Carter Holt Harvey Limited

Private Bag 92106

AUCKLAND 1020







	 	 	 

	Telephone:

	 	0800 ENV BOP (368 267)
	Facsimile:

	 	0800 ENV FAX (368 329)
	Email:

	 	info@envbop.govt.nz
	Website:

	 	www.envbop.govt.nz
	Pollution Hotline:

	 	0800 73 83 93
	International:

	 	+64 7 922 3390











Dear Sir




Resource Consent Numbers 02 4302 & 02 4303 :Transfer Acknowledgement



The transfer of the holders’ interest in the above resource consents were received under
delegated authority of the Bay of Plenty Regional Council dated 22 June 2005.



If you have any questions please call me.



Yours faithfully





/s/ Desiree Marr



Desiree Marr (Des)

Consents Administration Officer



for Group Manager Regulation & Resource Management




Bay
of Plenty Regional Council 5 Quay Street, P O Box 364, Whakatane, New Zealand.




Working with our communities for a better environment







 









 








Consent Number: 02 4303





BAY OF PLENTY REGIONAL COUNCIL




RESOURCE CONSENT


Pursuant to section 105 of the Resource Management Act 1991, the ENVIRONMENTAL
MONITORING COMMITTEE acting under delegated authority from THE BAY OF PLENTY REGIONAL
COUNCIL, by a decision dated 12 February 1998, HEREBY GRANTS to:





	 	 	 	 	 
	SEE TRANSFER:	 	CARTER HOLT HARVEY LIMITED

CARTER HOLT HARVEY LIMITED

operating as CARTER HOLT HARVEY TISSUE


		 	Fletcher Avenue

	 	Private Bag 92 106
		 	KAWERAU

	 	AUCKLAND





A permit pursuant to section 15(l)(b) of the Resource Management Act 1991 to DISCHARGE
STORM WATER AND/OR LEACHATE TO GROUND WATER
subject to the following conditions:





	1	 	PURPOSE
	 
	 	 	To discharge to ground water any storm water and/or leachate from the consent
holders solid waste landfill.
	 
	2	 	LOCATION OF DISCHARGE
	 
	 	 	As shown on pages 2 & 8 of the document “Application for Consent for a Solid
Waste Landfill and Assessment of Environmental Effects”, March 1995, and the
letter 21 July 1997 from Carter Holt Harvey Tissue both submitted in support of
the application, an area of no more than seven (7) hectares.
	 
	3	 	RATE OF DISCHARGE
	 
	 	 	The mean annual rate of discharge shall not exceed 110 000 cubic metres per year.
	 
	4	 	MAP REFERENCE
	 
	 	 	NZMS 260 V15 335 436 at about the centre of the site.






/s/ A C Bruere




 









 



























SEE CHANGE:









































SEE CHANGE:



SEE CHANGE:










Consent Number: 02 4303





	5	 	LEGAL DESCRIPTION
	 
	 	 	Lot 330 Parish of Matata, Block XII, Rotoma SD (Whakatane
District)6 OPERATION/MANAGEMENT






	 	6.1	 	The consent holder shall ensure that the landfill is operated
in accordance with the principles contained within pages 4, 5 & 6 of the
document “Application for Consent for a Solid Waste Landfill and Assessment of
Environmental Effects”, March 1995, and any other information supplied in
support of the consent application.
	 
	 	6.2	 	The consent holder shall take reasonable steps to ensure that
there is no surface discharge of stormwater, from the immediate area of the landfilling
operation, to a permanently flowing watercourse stream (except in a 1 in 5 year 24 hour
duration storm or greater).
	 
	 	6.3	 	The consent holder shall ensure that, at no point beyond the
property boundary as defined in condition 5, shall the groundwater contain
toxic, corrosive or other deleterious wastes derived from the landfill in
amounts that individually or collectively prevent the present and foreseeable
future uses or the groundwater resource (including drinking water, stock
watering and irrigation).
	 
	 	6.4	 	Only wastes as described on page 4 of the document “Application
for Consent for a Solid Waste Landfill and Assessment of Environmental Effects”,
March 1995, shall be disposed of in this site unless otherwise approved in
writing by the General Manager of the Bay of Plenty Regional Council or
delegate.






	7	 	RECORDS






	 	7.1	 	The consent holder shall retain an appropriately experienced
person to supervise the operation of this landfill. The consent holder shall
compile an annual report on the operation of the landfill. That report shall
detail:






	 	7.1.1	 	A summary of waste disposed at the landfill for that year, including total volume.
	 
	 	7.1.2	 	The summary and interpretation of all monitoring results for the previous year as required under conditions 7.2 and 7.3.






	 	7.2	 	The consent holder shall retain suitably qualified persons with
appropriate experience in the assessment of the quality of groundwater to
develop a leachate and groundwater monitoring programme, in consultation with
Council staff, to:






/s/ A C Bruere



 





 









 













SEE CHANGE:












SEE CHANGE:









Consent Number: 02 4303





	 	7.2.1	 	Characterise the existing groundwater quality.
	 
	 	7.2.2	 	Determine the effect of lcachate being generated
on the quality of the groundwater in the vicinity of the disposal site.






	 	7.3	 	The draft monitoring programme is to be submitted to the Regional
Council for approval by the General Manager or delegate within 3 months of
the granting of the consent and the first phase of sampling implemented
within 1 year of the granting of the consent.






	8	 	NOTIFICATION/CLOSURE
	 
	 	 	The consent holder shall produce and forward to the Regional Council a post closure
Land Management Plan for the Solid Waste Landfill, for the approval of the General
Manager of the Regional Council or delegate, as least three (3) months prior to the
Landfill being closed to solid waste disposal. The consent holder shall give the
Regional Council six (6) months notice of intention to close.
	 
	9	 	REVIEW






	 	9.1	 	The Bay of Plenty Regional Council may, within six months of the receipt on
an annual report required by condition 7.1, containing monitoring results required by
condition 7.2, serve notice on the consent holder under section 128(1)(a)(ii) of the
Resource Management Act 1991, that it intends to review the conditions of this
consent. The purpose of such a review is to ensure that the present and foreseeable
future uses of the groundwater resource are not being and are unlikely to be
compromised, by the exercise of this permit.
	 
	 	9.2	 	The consent holder may within one month of each anniversary of the date of
commencement of this consent apply to the Regional Council under section 127(l)(a) of
the Resource Management Act 1991 to change or delete any condition of this consent.






	10	 	TERM OF PERMIT
	 
	 	 	This permit shall terminate on 31 December 2032.
	 
	11	 	RESOURCE MANAGEMENT CHARGES
	 
	 	 	The consent holder shall pay to the Bay of Plenty Regional Council such administrative
charges as are fixed from time to time by the Regional Council in accordance with section
36 of the Resource Management Act 1991.






/s/ A C Bruere











 









 








Consent Number: 02 4303





	12	 	THE PERMIT hereby authorised is granted under the Resource Management Act 1991 and does not
constitute an authority under any other Act, Regulation or Bylaw.





DATED at Whakatane this 22nd day of April 1998




For and on behalf of

The Bay of Plenty Regional Council




/s/ A C Bruere

for



J A Jones

General Manager




CHANGE



The change of this resource consent was approved under delegated authority of the Bay of Plenty
Regional Council, dated 15 July 1998, as follows:



Change 6.2 of 02 4303 to read as follows:





	6.2	 	the consent holder shall take reasonable steps to ensure that there is no surface
discharge of stormwater from the immediate area of the landfilling operation, to a permanently
flowing stream (except in a 1 in 5 year 24 hour duration storm or greater).




Delete conditions 7.1.2, 7.2 and 7.3 and 02 4302 and 02 4303.



And add a new condition, 9.2 in both 02 4302 and 02 4303, as follows:





	9.2	 	the consent holder may within one month of each anniversary of the date of commencement of
this consent apply to the Regional Council under section 127(l)(a) of the Resource Management
Act 1991 to change or delete any condition of this consent.






/s/ A C Bruere



A C Bruere

Manager Consents & Compliance
for            JA Jones
 Chief Executive






	 	 	




 









 











Consent Number: 02 4303




TRANSFER



The transfer of the whole of this resource consent from CARTER HOLT HARVEY LIMITED
OPERATING AS CARTER HOLT HARVEY TISSUE to CARTER HOLT HARVEY LIMITED was received under
delegated authority of the Bay of Plenty Regional Council, dated 22 June 2005.





/s/ A C Bruere



A C Bruere


Manager Consents & Compliance


for            J A Jones 
                 Chief Executive






 











 







	 	 	 	 	 

	Your Ref:
	 	 	 	 
	Our Ref: 1370 02 4302 & 02 4303	 	 
	1 August 2005
	 	 	 	 
	 
	 	 	 	 
	Attention P Raea
	 	 	 	 
	 
	 	 	 	 
	Carter Holt Harvey Limited

	 	Telephone:
	 	0800 ENV BOP (368 329)
	Private Bag 92106

	 	Facsimile:
	 	0800 ENV FAX (368 329)
	AUCKLAND 1020

	 	Email:
	 	info@envbop.govt.nz
	 

	 	Website:
	 	www.envbop.govt.nz
	 

	 	Pollution Hotline:
	 	0800 73 83 93
	 

	 	International:
	 	+64 7 922 3390





Dear Sir




Resource Consent Numbers 02 4302 & 02 4303 :Transfer Acknowledgement



The transfer of the holders’ interest in the above resource consents were received under
delegated authority of the Bay of Plenty Regional Council dated 22 June 2005.



If you have any questions please call me.




Yours faithfully





/s/ Desiree Marr

Desiree Marr (Des)

Consents Administration Officer




for Group Manager Regulation & Resource Management




Bay
of Plenty Regional Council 5 Quay Street, P 0 Box 364, Wheaten, New Zealand.




Working with our communities for a better environment




 









 








	 	 	 

	 

	 	IN THE MATTER OF The Town & Country

Planning Act 1977
	 
	 	 
	 

	 	and
	 
	 	 
	 

	 	An application by Caxton Paper Mills Ltd., under
Section 28C and/or Section 35 of the Town &
Country Planning Act 1953
	 
	 	 
	 

	 	and
	 
	 	 
	 

	 	The Whakatane District Council.





The Hearing



This application was first heard by the Planning Committee on the 11th June, 1978 and was
adjourned to allow time for the applicants to prepare a Management Plan for their proposal. The
resumed hearing took place on the 11th December, 1978.



Mr. Craddock, Solicitor from Auckland and Mr. Tutty, Production Manager for Caxton Paper Mills Ltd.
appeared for the applicants.



Mr. Richardson of Osborne, Handley, Gray & Richardson appeared with Mr. Booker in support of Mr.
Booker’s objection. Mr. & Mrs. Taylor also objected but did not wish to appear or be
represented.



The Application



The application sought consent to permit the Company to dispose of waste products and rubbish from
the operation of the Company’s Pulp and Paper Mill at kawerau on part of the land described below.



The Land



The property to which this application applies is situated 0.8 km from S.H. 30 between the Kawerau
turnoffs and is described as Allotment 330, Parish of Matata. The area of the land is 161.1078 h.
The Applicants are the owners of the land. The zoning of the land is Rural “A” under the Whakatane
County Operative District Scheme.



Objections



Two objections were received by the Council, one from Mr. R. Booker an adjoining property owner
and the other from Mr. & Mrs. A.D. Taylor who farm on the other side of S.H. 30 and opposite the
applicants land.



Council’s Decision



The Council at its meeting held on the 20th December, 1978 adopted the recommendation of its
Planning Committee in respect of this application and resolved as follows:-





	 	“(a)	 	 THAT the application by Caxton Paper Mills Ltd. to permit the
disposal of waste products and rubbish from the operation of the Company’s pulp and paper
mill by means of sanitary land fill on part of the land described as Allotment 330 Parish
of Matata as detailed on plans provided with the application be approved, under Section
74(2) of the Town & Country Planning Act 1977 subject to the following conditions:






	 	1.	 	That the applicants ascertain from the Regional Water Board whether or not
a water right is necessary for the operation of the proposed rubbish dump and if a
water right is required that this be obtained before the dumping of any waste or
rubbish takes place.
	 
	 	2.	 	That the detailed design of the intersection of the access
road to the dump site and the Kawerau loop road be approved by the
Council’s Chief Engineer and the construction work be carried out
before the use is commenced.




 









 






	 	3.	 	That the contents of the Management Plan prepared by Caxton Paper Mills Ltd.
dated 13th October, 1978 and appended to this decision are adopted as conditions
of and form part of this approval, except that Clause 16 be amended to include a
provision that Council be provided with a key so as to give them unrestricted
access to the dump.
	 
	 	4.	 	That progressive grassing is to be carried out as the area is
covered in to minimise the dust nuisance.






	 	 	 	It is noted that the District Office, Rotorua of the Department of Health granted
conditional consent to the establishment of an offensive trade in respect of this
application in June, 1978.






	 	(b)	 	Consent is granted to the application on the following grounds:






	 	i)	 	It is in the public interest that the present public rubbish tips
set aside by the District Council be used for general rubbish disposal and that
special provision be made for industrial wastes that would rapidly fill public
tips and it is therefore not contrary to the public interest that the application
be approved.
	 
	 	ii)	 	The provision of a new public rubbish tip for the particular needs of
the applicant would involve substantial public expenditure in terms of land
acquisition, operation and maintenance and private development for the same purpose
would not be contrary to the public interest in so far as it would reduce public
expenditure.
	 
	 	iii)	 	There is no provision in the District Scheme for the
establishment of private rubbish tips in any zone in the district
and such a use is a special case for which an application for a
specified departure is appropriate.
	 
	 	iv)	 	The proposed rubbish tip is located in a rural area and will
have little environmental effect beyond the immediate locality particularly if the
conditions of development as prescribed in the approval are implemented. The
proposed use is a special case and approval will be unlikely to establish
sufficient precedent to have a major effect on planning in the district. It is
considered therefore that the proposal will have little town, and country planning
significance beyond the immediate vicinity of the applicant’s site.
	 
	 	v)	 	The proposed use is a special case with conditions on development
applying to a particular site and a particular use which could not readily be
specified either in a new type of zone or special ordinance and as no other similar
uses are envisaged the approval may be granted without the need to change the
district scheme.




Appeals



In view of the intervention of the Christmas and New Year holidays, the period allowed for lodging
appeals against the Council’s decision, i.e. one month from the date of Notification (Ref. Section
69 of the Town & Country Planning Act 1977) will commence on the 21st January 1979 (Ref. Section 2
of the same Act)




	 	 	 

	Whakatane.

	 	/s/ D.J. Wilson.
	2lst December, 1978

	 	D.J. Wilson.
	 

	 	GENERAL MANAGER.
















 






CAXTON PAPER MILLS LIMITED




DETAILED MANAGEMENT PROGRAMME




FOR




MILL RUBBISH DUMP




BY




SANITARY LANDFILL




	 	 	 

	 

	 	R. W. TUTTY.
	 

	 	PRODUCTION SERVICES MANAGER
	 

	 	13th October, 1978.






 









 






DETAILS
OF OPERATION OF PROPOSED DUMP





	1.	 	Screen Fencing of boundaries.






	 	 	It is proposed the following fences will be constructed as detailed:






	 	(a)	 	Booker-Davies boundary — 1.8 metre high hurricane wire 2” mesh fence.
	 
	 	(b)	 	Davies — Kawerau A Block boundary — 1.8 metre high Hurricane 2” mesh over
existing 7 strained fence.
	 
	 	(c)	 	Existing internal fence 1.1 metre high Hurricane 2” mesh over existing fence.
	 
	 	(d)	 	New boundary fence — to be constructed to height of 1.1 metres with number one round
posts and Hurricane 2” wire mesh.






	 	 	The construction of these fences will be completed prior to any dumping taking place.






	2.	 	Disposal Procedures.






	 	 	Disposal of rubbish will be in trenches dug parallel to the southern boundary fence and commencing
approximately 3 metres distant from that fence. The Company proposes to dig trenches
approximately 200 m long. The vehicle bringing rubbish to the disposal area would back along
the trench and tip the material into the base of the trench. A bulldozer (blade machine) would then
blade the windrow back over the material in the trench so that a minimum depth of fill, 0.7 metres,
was provided, over the rubbish.
	 
	 	 	Allowing for settlement, it is anticipated that the finished level of the filled areas will be
approximately 1 metre higher than the present general level. Any short fall in filling material
necessary to provide the appropriate depth of over-burden will be made available from the material
in the low mounds within the disposal area.
	 
	3.	 	The control of surface and stormwater.
	 
	 	 	The proposed dump is a micro-catchment area with any surface water flowing naturally towards the
lowest point in the basin which is
on the Davies -A7 boundary. The trenches to hold the rubbish will.




 









 












	3.	 	The control of surface and stormwater (cont).
	 
	 	 	cut across approximately 1/3 of one side of the natural basin and these will be used as catchment
vessels for any surface or stormwater. Water flowing from the Davies block towards the basin
will, be channelled into the trenches where the large trench size (200 metres by 3 metres) and
very porous nature of the soil will allow any collected water to percolate through to the natural
water table. Thus any surface, or stormwater from the dumping area will be contained within
it. There will be no surface run off into any adjacent area.
	 
	4.	 	Prohibition on the disposal of liquid and toxic wastes.
	 
	 	 	Caxton Paper Mills Limited
strictly bans the dumping of any liquid and/or toxic wastes. Whenever such wastes may be
required to be dumped, an Industrial Waste Disposal Company will be contracted for their
handling and disposal.
	 
	5.	 	Type of Rubbish.
	 
	 	 	The Rubbish Disposal Area will be used to dispose of industrial
rubbish which includes paper pulp, wires, steel, old tins with traces of alum, rosin size, and
other paper making chemicals — all of which are non-toxic materials. This type of rubbish is
entirely different from the municipal problem of rubbish disposal which includes considerable
quantities of organic material and which attracts flies, rats etc.
	 
	6.	 	Daily Covering.
	 
	 	 	A crawler type tractor Caterpillar D4c with an angle blade is currently operated by this Company.
It is intended that this vehicle be placed full time at the Dump to allow the compaction of
refuse and the daily covering. A building will be erected to house this vehicle, fire
suppression equipment, and other equipment necessary for the tractor’s operation.




- 2 -









 













	7.	 	Prohibition of Fires.
	 
	 	 	A strictly enforced prohibition of fires is mandatory as far as Caxton Paper
Mills is concerned because of our own adjacent forest, the neighbouring forests of Tasman Pulp and
Paper Company and the scrub cover on the Kawerau A — also leasehold to Caxton. The fencing and
the locked gates will ensure that dump security prevents third parties gaining access to start
fires and fire suppression equipment such as foam and powder extinguishers will be kept on the dump
site.
	 
	8.	 	Layering of Wastes.
	 
	 	 	waste will not be layered as the ‘trench and fill’ method of
disposal is proposed.
	 
	9.	 	Length of Tipping Face.
	 
	 	 	The maximum width of exposed tipping face will be 3 to 4 metres. The maximum period
of exposure will be approximately 8 hours.
	 
	10.	 	On Site Supervision.
	 
	 	 	The driver of the refuse truck will be the man carrying out the
dumping of refuse and its subsequent compaction and covering.
Caxton’s Yard Supervisor will visit and inspect the dump daily
initially and then on a regular basis and be responsible for
excavating new trenches, maintenance of roadway, fences,
bulldozer etc.
	 
	11.	 	Control and Abatement of nuisance conditions.
	 
	 	 	Due to the nature of the refuse, the only forseable “nuisance condition” is that of wind blown
paper which will be effectively controlled by the manner of dumping, daily covering and with wire
mesh boundary fences.
	 
	12.	 	Odour and dust control.
	 
	 	 	The nature of the refuse, the short length of exposed tip face and daily covering will prevent any
problems of odours and dust.




 









 












	13.	 	Tip Security.
	 
	 	 	There will be a cattle stop at the dump entrance and the gates into the dump will have locks — the
keys to which will be controlled by the Yard Supervisor. The dump will be locked whenever there
is no Caxton employee present and, as the Mill operates on a seven day week, rarely will the dump
be without daily attendance.
	 
	14.	 	Formation and maintenance of the tip entrance and internal access.






	 	(a)	 	Loop Road entrance.
	 
	 	 	 	This entrance requires additional road metal to raise the elevation to enable vehicles
leaving the access road unobstructed views along the Loop Road. This will be aided
by the removal of scrub/fern cover between the tarseal and the boundary fence.
	 
	 	(b)	 	Internal Access Road.
	 
	 	 	 	The roadway from the Loop Road entrance to the tip face will be maintained by
retalling, culverting and grading, as and when necessary, so as to ensure minimum soil
disturbance and maximum control of any surface water flows.




15. Principal Caxton employee responsible for the operation of the tip.





	 	 	The Production Services Manager will be the Company officer responsible for the tip operation.
Mr. R. W. Tutty currently holds this position.






	16.	 	The Council’s right to inspect the tip.
	 
	 	 	Council shall have the right to inspect the tip at any time. Access will be afforded on prior
contact with the Production Services Manager.






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Davies Block Solids Waste

Landfill Operations Plan




Carter Holt Harvey Limited

Pulp & Paper

Whakatane Mill



Draft 22 April 2010




 









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	1






Table of Contents




	 	 	 
	SECTION	 	PAGE
	1.0 Introduction
	 	3
	1.1 Requirements of Operations Plan
	 	3
	1.2 General Responsibilities
	 	3
	1.3 Structure of Operations Plan
	 	4
	1.4 Related Documents
	 	4
	 
	 	 
	2.0 Site Description
	 	5
	 
	 	 
	3.0 Health and Safety
	 	7
	3.1 General
	 	7
	3.2 Hazards
	 	7
	3.3 First Aid facilities and Trained Personnel
	 	7
	3.4 Training
	 	7
	 
	 	 
	4.0 Landfill Operation Supervision
	 	8
	4.1 Site Supervision
	 	8
	 
	 	 
	5.0 Landfill Operation
	 	9
	5.1 Access
	 	9
	5.2 Traffic
	 	9
	5.3 Waste Acceptance
	 	9
	5.4 Compacting and Covering of Waste
	 	11
	5.5 Leachate Management
	 	11
	5.6 Landfill Gas Management
	 	11
	5.7 Nuisance Control
	 	11
	 
	 	 
	6.0 Archaeological Sites
	 	13
	 
	 	 
	7.0 Visual Surveys
	 	13
	 
	 	 
	8.0 Monitoring
	 	13
	 
	 	 
	9.0 Annual Report
	 	13






 









 






			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
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	Figures
	 	 	 	 
	 
	 	 	 	 
	     Figure 1; Location Plan

	 	 	5	 
	     Figure 2: Landfill Footprint

	 	 	6	 
	 
	 	 	 	 
	Appendices
	 	 	 	 
	 
	 	 	 	 
	     Appendix A: Discharge Resource Consents 02 4302 and 02 4303
	 	 	 	 
	     Appendix B: Land-use Resource Consent 61/4/169
	 	 	 	 
	     Appendix C: Waste Acceptance Record
	 	 	 	 
	     Appendix D: Site Access Register
	 	 	 	 
	     Appendix E: Approved Waste Carrier Register
	 	 	 	 
	     Appendix F: Annual Waste Summary Report Template
	 	 	 	 






 









 






			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	3





1.0    Introduction



This Landfill Operations Plan, describes the development, operational, management
procedures and control measures to be applied throughout the life of the Davies Block
Landfill at Kawerau, operated by Carter Holt Harvey Pulp & Paper Limited. It includes
procedures to be undertaken to operate the landfill to limit any negative environmental
impacts and to comply with Bay of Plenty Regional Council (Environment Bay of Plenty)
Resource Consent Requirements (Resource Consents 02 4302 and 02 4303) (attached as
Appendix A) and the Whakatane District Council Land Use Consent 61/4/169 (attached as
Appendix B).



The purpose of this Landfill Operations Plan is to describe the operational
practices and procedures to be adopted by Carter Holt Harvey Pulp & Paper Limited (CHH)
to ensure that there are no adverse environmental effects during the lifecycle of the
landfill.



This plan also describes the measures necessary to remedy or mitigate any adverse
environmental effects or nuisance effects that may result from the landfill during the
operational phase.





	1.1	 	Requirements of Operations Plan




This operations plan is consistent with the requirements of the Whakatane District
Council land-use consent and of the Environment Bay of Plenty discharge consents, which
provide for waste from CHH Whakatane Mill to be disposed of to the landfill.





	1.2	 	General Responsibilities






	1.	 	The Carter Holt Harvey Pulp & Paper Limited, Whakatane Mill
Environmental Manager has management responsibility for the operation of the Mill’s
environmental facilities.
	 
	 	 	The Environmental Manager can be reached on (7) 306 3761 or on 027 498 6541
	 
	2.	 	Environment Bay of Plenty is the regulatory authority that deals
with discharge compliance matters.
	 
	 	 	Environment Bay of Plenty can be reached 24 hours a day on 0800 368 267.
	 
	3.	 	Whakatane District Council is the regulatory authority that deals
with Land Use matters.
	 
	 	 	Whakatane District Council can be reached on (7) 306 0500.
	 
	4.	 	Ngati Awa is an Iwi authority that deals with environmental
matters. 
	 
	 	 	Ngati Awa can be reached on (7) 307 0760.
	 
	5.	 	Ngati Tuwharetoa is an Iwi authority that deals with
environmental matters.
	 
	 	 	Ngati Tuwharetoa can be reached on (7) 323 4164.




 









 











			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	4







	1.3	 	Structure of Operations Plan





The operations plan is divided into nine sections. These are outlined below:




	 	 	 	 	 

	 

	 	Section 1.0
	 	Introduction, plan outline and consent requirements;
	 

	 	Section 2.0
	 	Summary of Site Description;
	 

	 	Section 3.0
	 	Summary of Health and Safety Requirements;
	 

	 	Section 4.0
	 	Supervision of Landfill Operation;
	 

	 	Section 5.0
	 	Landfill Operations;
	 

	 	Section 6.0
	 	Archaeological Sites;
	 

	 	Section 7.0
	 	Annual Visual Surveys;
	 

	 	Section 8.0
	 	Monitoring;
	 

	 	Section 9.0
	 	Annual Reporting.







	1.4	 	Related Documents






	 	a.	 	Environment Bay of Plenty Resource Consents 02 4302 and 02 4303(Appendix A);
	 
	 	b.	 	Whakatane District Council Land-use Consent 61/4/169 (Appendix B).




 









 












			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	5







	2.0	 	Site Description




The landfill site is situated approximately 4 km north-west of Kawerau, Bay of Plenty (refer to
Figure 1). The landfill has been in operation since 1978 and is currently operated under the
Environment Bay of Plenty Resource Consents 02 4302 and 02 4303 and the WDC Land Use Consent -
61/4/169.



These consents initially authorised disposal of waste from the SCA Tissue plant in Kawerau only.
However, Environment Bay of Plenty has agreed to the disposal of waste from the CHH Whakatane mill,
within the annual quantity of waste authorised initially.



The landfill footprint is shown in Figure 2.







Figure 1; Location Plan





 









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 










Figure
2: Landfill Footprint


6









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	3.0	 	Health and Safety






	3.1	 	General




Work practices at the site shall comply with all regulations set out under the Health
and Safety in Employment Act 1992. Some of the areas of note for health and safety
awareness are outlined below.





	3.2	 	Hazards






	 	3.2.1	 	Heavy Vehicle and Machinery






	1.	 	A landfill site involves movement and operation of heavy vehicles
and machinery;
	 
	2.	 	All personnel on site shall use appropriate high-Viz PPE, safety
boots and hard hat when outside of a vehicle.






	 	3.2.2	 	Steep and Unstable Ground






	1.	 	Tipping faces and embankments can be steep and unstable;
	 
	2.	 	Personnel should take care around these surfaces;
	 
	3.	 	Areas of unstable ground shall be clearly marked to prevent waste
carriers from driving or parking their vehicles on these areas.






	 	3.2.3	 	Fire






	1.	 	Standard landfill fire prevention methods shall be implemented at the site;
	 
	2.	 	The whole site shall be non-smoking,
	 
	3.	 	No burning of waste shall be conducted on the site.
	 
	4.	 	Appropriate fire extinguishers and access to water shall be made available






	3.3	 	First Aid facilities and Trained Personnel






	1.	 	Appropriate First Aid equipment shall be carried on disposal trucks;
	 
	2.	 	The location and availability of first aid personnel and medical
staff shall be confirmed.






	3.4	 	Training






	1.	 	All staff, contractors and waste carriers shall be site inducted;
	 
	2.	 	A register of personnel on site shall be maintained at all times;
	 
	3.	 	All personnel on site shall be familiar with the location of
First Aid Facilities and the trained first aid personnel at both mill sites:
	 
	4.	 	Entry to the Site shall be sign posted with ‘Authorised Personnel Only’





7









 











			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	4.0	 	Landfill Operation Supervision
	 
	4.1	 	Site Supervision





An appropriately experienced person shall supervise the operation of this landfill.





	 	4.1.1	 	Procedure




The site supervisor shall be responsible for overseeing the day to day operation of the
landfill, including but not limited to, the following tasks:





	 	1.	 	A log of the waste inventory,
	 
	 	2.	 	Register of personnel onsite,
	 
	 	3.	 	Register of approved and site inducted waste carriers,
	 
	 	4.	 	Health and safety requirements and enforcement,
	 
	 	5.	 	Maintenance of the tipping face, waste compaction and covering,
	 
	 	6.	 	Nuisance mitigation; and,
	 
	 	7.	 	Site security.






	 	4.1.2	 	Records





The site supervisor shall be responsible for maintaining the following site records:





	 	1.	 	Waste acceptance record (refer to Appendix C)
	 
	 	2.	 	Site Access register (refer to Appendix D)
	 
	 	3.	 	Approved Waste Carrier Register (refer to Appendix E)
	 
	 	4.	 	Site Hazard Register




8









 











			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	5.0	 	Landfill Operation
	 
	5.1	 	Access






	 	5.1.1	 	Access to Site




Access to the landfill by waste haulage operators shall be from State Highway 30.



Only bulk waste transporters and approved waste contractor vehicles and other
authorised vehicles will be allowed access to the site.



All waste haulage operators shall have a current Waste Cartage Contract with CHH. All
vehicles shall meet the following criteria:





	 	•	 	Have a clearly identified registration number
	 
	 	•	 	Be well maintained
	 
	 	•	 	Use a specified haulage route from the CHH, Whakatane Mill.
	 
	 	5.1.2	 	Landfill Operation Hours




Due to the round-the-clock nature of the CHH Whakatane Mill operations, the landfill
operation hours will be 7am — 5pm Monday to Saturday





	 	5.1.3	 	Recording




A site access register shall be maintained to record which waste carriers have accessed the site.





	5.2	 	Traffic




Waste carriers from Whakatane Mill travel along State Highway 30 and enter the site via
a private access way off the highway (north east of the site).



Material will usually be transported by a single truck and trailer unit with a load
capacity of 20 tonnes, and it is expected that there will be approximately 250 cartage
days in a year. Normally there will be approximately 3 trucks per day on average, with
an anticipated peak of 10 trucks occasionally.



The average traffic volume experienced by the stretches of SH 30 between the mill in
Whakatane and the landfill site are reported to be up to 2,500 vehicles per day. The
number of movements per day associated with this activity is expected to have de
minimus effect on traffic in the area.





	5.3	 	Waste Acceptance




The maximum rate of landfilling shall not exceed 16,000 tonne in any 12-month period.




9









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	 	5.3.1	 	Accepted Wastes




Waste will be accepted at the landfill provided that it meets the following criteria:





	 	1.	 	It is produced from the CHH Whakatane Mill; and,
	 
	 	2.	 	the material consists of:






	 	a.	 	Pieces of






	 	i.	 	Wood
	 
	 	ii.	 	Metal






	 	b.	 	Strapping






	 	i.	 	Wire
	 
	 	ii.	 	Plastic






	 	c.	 	Drums






	 	i.	 	Steel
	 
	 	ii.	 	Plastic






	 	d.	 	Rejected






	 	i.	 	Paper
	 
	 	ii.	 	Pulp
	 
	 	iii.	 	Pin chips
	 
	 	iv.	 	Wood fibre
	 
	 	v.	 	Board






	 	e.	 	Stones, pumice, sand and grit
	 
	 	f.	 	Site Log Yard waste.






	 	5.3.2	 	Prohibited Wastes




Prohibited wastes include:





	 	1.	 	Wastes not produced from the CHH Whakatane Mill;
	 
	 	2.	 	Toxic waste;
	 
	 	3.	 	Liquid waste;
	 
	 	4.	 	Coal ash;
	 
	 	5.	 	Sanitary domestic waste.






	 	5.3.3	 	Records




A register of all waste accepted at the site (refer to Appendix B) shall be maintained
by the site supervisor.




10









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	5.4	 	Compacting and Covering of Waste




The landfill is to be managed so that the waste matter is frequently covered with pin
chip, or other similar material and regularly with a layer of pumicious material.



Pin chip is a waste product from the CHH Whakatane Mill, and shall be used as daily and
permanent cover. A stock pile of the pin chip shall be kept available for covering
tipped waste as required.



To minimise nuisance factors, the exposed tipping face shall be kept to a minimum
during daily operation and where possible shall be covered with pin chip during
extended periods of no tipping.



A ‘tractor’ unit will be utilised to maintain compaction of the waste, covering the
waste and maintaining the integrity of the tipping face.





	5.5	 	Leachate Management




Due to the dry nature of the waste material no leachate will be produced as a result of
the waste itself. Leachate will come about only as a result of rainwater permeating
through the landfill.



It is estimated, based on the annual average rainfall and the expected run-off, that
the leachate production from the site will be approximately 19,500 m3/a.



The landfill consists of predominantly untreated raw wood chips from harvested trees.
The characteristics of the rainfall leachate will be typical of wood waste landfills,
consisting of tannins, lignins, phenols, resins, fatty acids and terpenes. This is in
keeping with the constituents of rainfall that has percolated through forest floor
matter and is therefore similar to soakage to ground from the surrounding land use
(exotic forestry).



Therefore, due to the nature of the leachate from the landfill, no leachate management
or treatment facilities will be implemented.





	5.6	 	Landfill Gas Management




No landfill gas management procedures will be implemented at the site. Any landfill gas
that is produced from the landfill will disperse naturally.



5.7 Nuisance Control





	 	5.7.1	 	Litter




Litter may be a potential nuisance as a result of wind blown paper from the waste
materials. However, the exposed tipping face will be kept to a minimum during extended
periods of no tipping. In addition —as with the current operation—the boundary fence
will be maintained, and regular boundary walks will be undertaken to collect any wind
blown litter. Consequently, it is unlikely that there will be any wind-blown material
leaving the site.




11









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 





To minimise the chance of this occurring the following methods shall be
implemented:





	 	1.	 	Maintain a small tipping face;
	 
	 	2.	 	Provide daily cover of waste that is prone to being dispersed by wind;
	 
	 	3.	 	Maintain the boundary wire mesh fence to collect wind blown
materials within the site boundary; and,
	 
	 	4.	 	Conduct routine boundary walks to collect any wind blown litter.
	 
	 	5.7.2	 	Dust




The nature of the waste is such that dust production is minimal. Regular covering of
the waste to maintain a small tipping face will minimise any dust that may be produced
from the site.



If it is noticed that there is a significant amount of dust that is being produced from
the site, that could have an impact on a receptor beyond the site boundary, the source
of the dust shall be covered immediately and wetted if required.





	 	5.7.3	 	Odour




Odour production from the site is minimal due to the nature of the waste. A small
tipping face with regular covering of the waste will ensure that any odours that are
produced will be minimised.





	 	5.7.4	 	Noise




Noise is not expected to be a nuisance. There are no activities associated with
operation that generate high noise levels, such as blasting or drilling. The machinery
to be used in the landfill operation (trucks, bull-dozer and excavator) is that
normally associated with rural activities. The Proposed District Plan recognises that
noise levels from such activities are not excessive (Rule 4.3.15.1 (iii) b).



Effective noise mitigation is also provided by the natural topography of the land and
the environs and the separation from receptors.





	 	5.7.5	 	Vermin, Insects and Bird Control




The nature of the waste is such that it does not provide a food source or habitat for
vermin, insects or birds. However, should vermin, insects or birds be found to be
inhabiting the site, any potential food source shall be buried or removed and if the
vermin are found to be recurring a poison or trapping programme shall be implemented.




12









 








			
	Carter Holt Harvey — Whakatane Mill — Davies Block Landfill  — Operations Plan
	 	 







	6.0	 	Archaeological Sites




There are no known archaeological sites within the landfill area. Archaeological sites
within the property have been well identified and marked with permanent markers. A
10-metre buffer from known archaeological sites will be maintained.



In the unforeseen event of any disturbance of any Koiwi Tangata (human bones) or Taonga
(treasured artefacts) or Urupa (cemetery), Carter Holt Harvey will advise the Historic
Places Trust, the Whakatane District Council and the local iwi groups and implement the
accidental discovery protocol.





	7.0	 	Annual Visual Surveys




There are no ‘Outstanding Landscape Features’—as listed in the Proposed Whakatane
District Plan—in the landfill area. Additionally the site is in a relatively remote
area and is not visible from neighbouring residences or the public due to the screening
provided by the topography of the area.



There will be an annual audit of this site to identify any change to the visual
impacts.





	8.0	 	Monitoring




CHH will undertake the following monitoring to ensure that the activity does not create
more than minor effects.





	 	1.	 	Volume and type of material disposed to Davies Block landfill;
	 
	 	2.	 	Erosion monitoring of the landfill and provision of silt
fences to minimise any erosion movement beyond the landfill area;
	 
	 	3.	 	Recording and advising the relevant authorities in the event
of uncovering any archaeological sites that have not been located within the
landfill footprint.;
	 
	 	4.	 	Recording, investigating and reporting any noise complaints.




This information will be reported annually





	9.0	 	Annual Report




Condition 7.1 of Resource Consent 02 4302 requires that “The consent holder shall
compile an annual report on the operation of the Landfill. That report shall detail:





	 	7.1.1	 	A summary of waste disposed at the landfill for that year including total volume.”




In accordance with that condition, a summary of the wastes disposed of at the landfill
shall be provided to Environment Bay of Plenty on an annual basis. A template for the
annual waste report is contained in Appendix F.




13









 








Appendix A



Resource Consents 02 4302 and 02 4303




Consent Number: 02 4302




BAY OF PLENTY REGIONAL COUNCIL



RESOURCE CONSENT




	 	 	Pursuant to section 105 of the Resource Management Act 1991, The Bay Of Plenty
Regional Council, by a decision dated 12 February 1998, Hereby Grants to:






	 	 	 	 	 

	 

	 	CARTER HOLT HARVEY LIMITED	 	 
	SEE TRANSFER:

	 	CARTER HOLT HARVEY LIMITED

	 

	 	operating as CARTER HOLT-HARVEY TISSUE	 	 
	 
	 	 	 	 
	 

	 	Flotoher Avenue      Private Bag 92-106	 	 
	 

	 	KAWERAU            AUCKLAND	 	 










	A permit pursuant to section 15(1)(d) of the Resource Management Act 1991 to
Discharge Solid Waste From Wood And Paper Processing, And Ancillary Activities,
Onto And/Or Into Land subject to the following conditions:






	1	 	PURPOSE
	 
	 	 	To landfill solid waste from wood and paper processing and ancillary
operations.
	 
	2	 	LOCATION OF DISCHARGE
	 
	 	 	As shown on pages 2 and 8 of the document “Application for Consent for a
Solid Waste Landfill and Assessment of Environmental Effects”, March 1995,
and the letter 21 July 1997 from Carter Holt Harvey Tissue both
submitted in support of the application, an area of no more than seven
(7)hectares.
	 
	3	 	RATE OF DISCHARGE
	 
	 	 	The maximum rate of landfilling shall not exceed 16000 tonne in any given
12 month period.
	 
	4	 	MAP REFERENCE
	 
	 	 	NZMS 260 V15 335 436 at about the centre of the site.







/s/ A C Bruere


 









 











Appendix B




Land-use Resource Consent 61/4/169




 









 





Appendix C




Waste Acceptance Record




 









 





Appendix D




Site Access Register




 









 





Appendix E




Approved Waste Carrier Register




 









 





Appendix F




Annual Waste Summary Report