www.epa.govt.nz

Application Name: OMV Maari Field Development

EPA Reference: EEZ000007

Applicant: OMV New Zealand Limited

Notification Date: Tuesday 1 July 2014

Submission Close: 5:00pm (New Zealand Standard Time) on Tuesday 29 July 2014

For information on the submission process please see www.epa.govt.nz/EEZ/having_your_say.

This is a submission on the marine consent application lodged by OMV New Zealand Limited (OMV)

to the Environmental Protection Authority (EPA) for a marine consent to complete its existing

development drilling programme at the Maari Wellhead Platform.

Part A This part provides the EPA with data about you as a submitter and will be removed if your submission is made available on the EPA website.

Sections with an asterisk are mandatory.

1. Submitter Details*Please provide your name (or company name) and as much contact information as possible. We may need to contact you during or outside of normal business hours. Please advise us if any of your contact details change. (Please type N/A if you do not use email)

Name of organisation (if relevant):

     

Title:* Mr Mrs Miss Ms Dr Other:       (Please tick the appropriate

title)

First name of submitter:*

     Surname of submitter:*

     

Primary Phone:*       Work Phone:      

Secondary Phone:       Fax:      

Physical Address:       Postcode*:

     

Postal Address:*       Postcode*:

     

Email:*      

SUBMISSION FORMMarine Consent Application

2

Marine Consent Application Submission Form – OMV Maari

2. Authority to act*

X I / We confirm that I / we have authority to sign this submission on behalf of the

submitter(s) named on this form.

      25/07/2-14

Signature Date

3. Alternative contact person details (optional)If you wish to nominate a person to be your point of contact (e.g. a friend, relative, lawyer, professional advisor or any other person), please provide their contact details below. This person will receive all correspondence on your behalf.

Relationship of contact person to submitter: (e.g. legal counsel)

     

Name of organisation (if relevant):

     

Title: Mr Mrs Miss Ms Dr Other:       (Please tick the appropriate

title)

First name of contact person:

     Surname of contact person:

     

Primary phone:       Work Phone:      

Secondary phone:       Fax:      

Physical Address:       Postcode:      

Postal Address:       Postcode:      

Email:      

4. Privacy StatementYour personal information included in this form will be held by the EPA, 215 Lambton Quay,

Wellington. It will be used by the EPA for the administration of the OMV Maari Field Development

marine consent application process. You have the right to access and correct personal information

held by the EPA. All information held by the EPA is subject to the Official Information Act 1982.

A copy of your full submission, including all personal information, will be provided to the EPA, the

applicant, and may also be provided to other parties in the process.

Your name, organisation address for service (if applicable), the information in this form and any

attached information may be published on the EPA website, and made available to the general public

for use in processing and considering the OMV Maari Field Development marine consent application.

July 2014

3

Marine Consent Application Submission Form – OMV Maari

Note: If the submitter is a company then full business contact details will be publicly available.

Where to send your submission

Your submission must be received by the EPA no later than 5.00pm (New Zealand Standard Time) on Tuesday 29 July 2014. You also need to send a copy of your submission to the applicant at the

address below. A copy of your submission will automatically be sent to the applicant if you use the

online form.

You can send your submission to the EPA either by:

Using the online form available at: www.epa.govt.nz/EEZ/omv

Email OMV.MaariApplication@epa.govt.nz (if smaller than 10MB). Please mark in the subject line:

‘Submission: (Your name), ‘OMV Maari’

Post to OMV Maari Application, Environmental Protection Authority, Private Bag 63002, Waterloo

Quay, Wellington, 6140.

Deliver in person to Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington.

Fax (04) 914 0433 Please mark in the subject line: ‘[Your name], OMV Maari Submission’

You must also send a copy to OMV New Zealand Limited at the same time that you send a

submission to the EPA. You can send this by:

Using the online form. If you use the online form the applicant will automatically be sent a copy of

your submission.

Email OMVMaariConsent@omv.com

Post to Maari Asset Manager; OMV New Zealand Limited; PO Box 2621; Wellington 6140

Deliver in person to Maari Asset Manager; OMV New Zealand Limited; Level 10 Deloitte House;

10 Brandon Street; Wellington

July 2014

www.epa.govt.nz

Application Details

Application Name: OMV Maari Field Development

Applicant: OMV New Zealand Limited

First name of submitter:* Surname of submitter:*

Organisation Name (if submission is on behalf of an organisation):

Part B This part asks for your position on the marine consent application.

Sections with an asterisk are mandatory.

5. What decision do you want the EPA to make and why?*Please state what decision you would like the EPA to make on the OMV Maari Field Development marine consent application. Also describe why you think that decision should be made.You may comment on any aspect of the application and there is no restriction on the length of your submission. You can make a general submission and/or respond specifically to any part of the application documentation. If you require more space, please attach additional pages as necessary. Please ensure you include your name and ‘OMV Maari’ on each additional document.

Decision*

Grant Grant with conditions Neutral Decline

x

Specific reasons why you seek the decision requested

Thank you for the opportunity to comment on the OMV Maari Field Development

I oppose the OMV Maari Field Development application for marine consent based on the following interrelated reasons:

LEGISLATIVE BACKGROUND

Section 59(2)(d) and (e) of the EEZ Act requires EPA to consider “the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes” and (e) “ the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species.”Section 11 (b) of the EEZ Act refers to the importance of NZ’s international obligations, including those under the CBD.

Section of the EEZ Act section 39(1)(c) requires an IA to “identify the effects of the activity on the environment and existing interests (including cumulative effects and effects that may occur in New Zealand or in the sea above or beyond the continental shelf beyond the outer limits of the exclusive economic zone)” while section 59(2)(a)(i)

SUBMISSION FORMMarine Consent Application

5

Marine Consent Application Submission Form – OMV Maari

states that “EPA must take into account any effects on the environment or existing interests of allowing the activity, including cumulative effects…”

EFFECTS ON THREATENED MARINE MAMMALS AND THE MARINE ENVIRONMENT

Lack of Population SurveysThere are no systematic marine mammal population surveys to robustly assess the direct, indirect and cumulative impacts of the programme on potentially affected species.

Blue WhalesThe programme directly and indirectly threatens recently discovered foraging grounds of Endangered Blue whales through increased noise, pollution, ship strikes, as well as through loss and degradation of habitat and food supplies.

Maui’s DolphinsMaui’s dolphins are the world’s smallest and rarest marine dolphin and New Zealand’s only endemic cetacean. Populations have progressively declined from an estimated 1.800 in the 1970 to less than 50 individuals today. The programme directly and indirectly threatens the survival of this critically endangered and declining remnant population through increased noise, chemical and other forms of pollution, ship strikes, as well as through loss and degradation of habitat and food supplies, stress and displacement. The extreme scarcity and downward trend of Maui’s dolphins mean that this subspecies is supremely vulnerable to any form of anthropogenic disturbance and can only sustain a single human induced mortality every 10-23 years .

The IA makes erroneous assumptions about the distribution of Maui’s dolphins and thus underestimates and misrepresents the risk of its activities on this Criticall Endangered subspecies.

Synergistic and Cumulative EffectsSynergistic and cumulative effects on the endangered marine and the marine biodiversity (e.g., seismic blasts, marine mining, vessel traffic, fishing, etc.) are not taken into account. These include those of other OMV fossil fuel exploration and drilling activities south and north of the Maari development programme under consideration.

Oil Spills and Accidental DischargeThe risks to marine and coastal biodiversity and ecosystems, and more specifically habitats of threatened species are too great if a major oil spill occurs, as are the impacts on fisheries, local livelihoods, economy and human health. OMV’s impact assessment (IA) does not provide adequate information and analysis on these risks and potential effects (e.g., http://www.epa.govt.nz/eez/EEZ000007/EEZ000007_ERM_Completeness_Evaluation.pdf).

Oil spills have the capacity to cause or contribute to the extinction of Maui’s dolphins and the extirpation of Blue whales in New Zealand.

The projected oil spills trajectories presented on behalf of OMV are limited and most

July 2014

6

Marine Consent Application Submission Form – OMV Maari

likely inaccurately reflect of the full extent and spread of a potential oil spill. Despite their limitations OMV’s oil spills trajectories demonstrate a significant aerial overlap with the habitat of Blue whales and Maui’s dolphins (see Sample Figure below).

New Zealand has already experienced two significant oil spills associated with offshore oil and gas production in 2007 and 2010. Both were associated with floating production, storage and offload (FPSO) facilities. An increased number of wells, together with increased levels of offshore storage and offloading of oil to shuttle tankers will intensify these risks. The grounding of the MV Rena off Tauranga in 2011 further highlights the potential harmful impact of oil spills on New Zealand’s fauna.

Moreover, Currey (2012) explains that is not only the “oil itself that may impact on the dolphins, but many aspects of an oil spill response will have direct or indirect effects on the population, eg, the use of dispersants to clean up the oil, increased vessel activity in the area, the use of sonar for tracking lost cargo etc.” These circumstances are further exacerbated by the fact that New Zealand’s ability to deal with an offshore oil spill is poor due to a lack of specialist response equipment and resources.DISCHARGE OF HARMFUL SUBSTANCES AND CONTAMINANTS Effects on marine ecosystems and human health cannot be fully assessed without full disclosure of the substances involved as part of routine or accidental discharge; e.g. SBMs and “completion fluids”, the latter are known to contain hazardous and toxic additives.

ECONOMIC IMPLICATIONSOMV’s economic benefit analysis is incomplete and misleading. The IA provides little quantitative information specific to OMV’s Maari Field Development programme. Instead, it offers mostly information on jobs and incomes (royalties and taxes) related

July 2014

7

Marine Consent Application Submission Form – OMV Maari

to the oil and gas industry nationwide.

Furthermore, OMV’s analysis fails to take account of potential economic losses caused by a major oil spill, such as cleanup cost and losses to the fisheries and tourism sectors. While the relatively small Rena disaster cost Maritime New Zealand $36.8 million, BP paid US$43 billion towards the cleanup of the Gulf of Mexico deep water horizon disaster by October 2013.

6. Do you have an existing interest that may be affected by what’s proposed in this application?

Tick as many boxes as appropriate. Further explanation of what an existing interest is can be found on the

EPA website www.epa.govt.nz/EEZ/working_eez.

Lawfully established existing activity, whether or not authorised by or under any Act or Regulations,

including rights of access, navigation and fishing

Any activity that may be undertaken under the authority of an existing marine consent

Activity permitted by existing resource consent

Settlement of a historical claim under the Treaty of Waitangi Act 1975

Settlement of a contemporary claim under the Treaty of Waitangi as provided for in an Act, including

the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

Protected customary right or customary marine title as recognised under the Marine and Coastal Area

(Takutai Moana ) Act 2011

If you have an existing interest and have ticked one or more of the above boxes, please describe your existing interest and a brief explanation of how your interest may be affected by the application. You can comment on any matter, and you may want to comment on

The area that the application activity(s) has in common with your existing interest To what degree would your existing interest be impacted by other activities taking place in the same

area. Whether your existing interest can be carried out only in the area to which the application relates

If you require more space, please attach additional pages as necessary. Please ensure you include your name and ‘OMV Maari’ on each additional document.

July 2014

8

Marine Consent Application Submission Form – OMV Maari

What is your

existing interest

and how may it be

affected by this

application?

     

July 2014

9

Marine Consent Application Submission Form – OMV Maari

Part C This part provides the EPA with information to assist with administration of the hearing. Sections with an asterisk are mandatory.

7. Electronic correspondenceDocuments will be posted on the EPA website at www.epa.govt.nz.You will receive emails notifying you of new information available on the website such as evidence, hearing schedules, committee directions and reports.The EPA sends correspondence via email and we usually provide links to documents on our website rather than emailing documents.

If you cannot receive information via email, please indicate below

I cannot receive electronic copies of information and updates.

Please note if you cannot receive information via email you will receive letters notifying you of where

information can be found on the EPA website. However, it may not always be feasible for letters with

updates to be posted to you in a timely manner (for example, the hearing schedule may change daily

during the hearing).

8. Do you wish to speak to your submission at the hearing?*

A hearing for the application may be held. As a submitter you may speak about your submission (and present evidence) at the hearing. Your submission will be read and considered as part of the decision making process, regardless of whether or not you are heard. If you want to be heard at the hearing you must state that this is the case by ticking the box below.If you do not indicate to the EPA that you wish to be heard, you will not receive notices about hearing locations, starts dates, or schedules and you will not be scheduled to speak at the hearing.Even if you do state that you wish to be heard, if there is likely to be repetition of issues at the hearing, the EPA may limit the circumstances in which parties raising similar topics and issues are heard. Tick as many as apply to you.

I / We do not wish to speak about my / our submission. OR

X I / We wish to speak about my / our submission

If others make a similar submission, I / we will consider presenting a joint case with them at the

hearing.

I / We wish to present in Te Reo Māori.

I / We wish to present in NZ Sign Language.

X I / We intend to have legal representation

X I / We intend to have expert witnesses to support my / our submission.

July 2014