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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - Matter lodged with EPA

145: Matter lodged with EPA

You could also call this:

“This explains how you can ask the Environmental Protection Authority to look at important requests about land and resources.”

You can give certain things to the Environmental Protection Authority (EPA) to look at. These include asking for permission to use resources, requesting changes to plans, or asking for new plans to be made.

If you want to change plans in a special way, you need to also ask for permission at the same time.

If you already have permission to use resources, you can ask the EPA to change or remove some of the rules that came with that permission.

If you’re in charge of important projects, you can tell the EPA that you need to use land for those projects.

If you’re in charge of protecting important places, you can tell the EPA that you want to protect those places.

When you ask the EPA for permission to use resources, you need to follow certain rules. The EPA will check if you’ve given them all the information they need.

If you want to change the rules of a permission you already have, you need to follow special steps. The EPA will treat this like you’re asking for a new permission.

When you’re telling the EPA about using land for important projects or protecting important places, you need to follow certain rules too.

If you’re asking to change plans or make new ones, you need to give the EPA specific information.

If you give something to the EPA to look at, you also need to tell your local council about it.

You can’t give something to the EPA if you’ve already given the same thing to your local council and asked the Minister to look at it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235409.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Government departments
Government and voting > Local councils
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Part 6AA Proposals of national significance
Minister may make direction in relation to matter: Matter lodged with EPA

145Matter lodged with EPA

  1. A person may lodge 1 or more of the following matters with the EPA:

  2. an application for a resource consent:
    1. a request for the preparation of a regional plan (other than a regional coastal plan):
      1. a request for a change to a plan.

        1. A person must not lodge with the EPA a plan change request made under subpart 4 of Part 7A unless the person also lodges with it a concurrent application under that subpart.

        2. The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA.

        3. A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA.

        4. A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA.

        5. If the matter is an application for a resource consent, section 88 applies, except that—

        6. every reference in that section to a consent authority must be read as a reference to the EPA; and
          1. the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

            1. If the matter is an application for a change to or cancellation of the conditions of a resource consent,—

            2. section 127(1) applies, except that every reference in that section to a consent authority must be read as a reference to the EPA; and
              1. section 88 applies, except that—
                1. the application must be treated as if it were an application for a resource consent for a discretionary activity; and
                  1. every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and
                    1. the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

                    2. If the matter is a notice of requirement for a designation or to alter a designation, section 168 applies, except that every reference in that section to a territorial authority must be read as a reference to the EPA.

                    3. If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189 applies, except that every reference in that section to a territorial authority must be read as a reference to the EPA.

                    4. If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22 of Schedule 1 applies, except that every reference in that clause to a local authority must be read as a reference to the EPA.

                    5. If the matter is a concurrent application lodged with a plan change request made under subpart 4 of Part 7A, section 107F(3) applies except that the reference to the consent authority in that subsection must be read as a reference to the EPA.

                    6. A person who lodges a matter with the EPA under subsections (1) to (4) must serve the local authority with notice of the matter and of its lodging with the EPA under this section.

                    7. A matter may not be lodged with the EPA under this section if—

                    8. the same matter has been lodged with a local authority; and
                      1. the applicant or the local authority has requested that the Minister call in the matter.

                        Notes
                        • Section 145: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 145(1A): inserted, on , by section 37(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 145(9A): inserted, on , by section 37(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).