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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - How matter processed if direction made to refer matter to board of inquiry or court

149E: EPA to receive submissions on matter if public notice of direction has been given

You could also call this:

“People can tell the EPA what they think about a special project within 30 working days after it's announced.”

You can submit your thoughts about a matter to the Environmental Protection Authority (EPA) if the Minister has directed it to be looked at by a board of inquiry or court, and if a public notice has been given. This applies even if you’ve already told the local authority what you think.

Your submission must follow a specific form and be sent to the EPA within 30 working days after the public notice. You also need to send it to the person who applied for the matter as soon as you can after sending it to the EPA.

If you send your submission electronically and give an email address, they’ll send any further information about the matter to that email address unless you ask for a different way.

In your submission, you need to say if you support, oppose, or are neutral about the matter.

There are some rules about who can make a submission. If you’re in competition with the person who applied for the matter, you can only submit if you’re directly affected by it in a way that hurts the environment and isn’t about trade competition.

If the matter is about certain types of plans or policy statements, there are special rules. You can’t submit if you could gain an advantage in trade competition, and you can only submit if you’re directly affected in a way that hurts the environment and isn’t about trade competition.

If the local authority received any submissions before the matter was called in, they’ll be treated as if they were sent to the EPA under these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417771.

Topics:
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149D: Minister may instruct EPA to delay giving public notice pending application for additional consents, or

“The Minister can tell the EPA to wait before telling everyone about a decision if more permissions are needed for a project.”

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149F: EPA to receive further submissions if matter is request, change, or variation, or

“The EPA lets people send more comments about changes to plans or policies after showing a summary of what others said.”

Part 6AA Proposals of national significance
Minister may make direction in relation to matter: How matter processed if direction made to refer matter to board of inquiry or court

149EEPA to receive submissions on matter if public notice of direction has been given

  1. Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which—

  2. the Minister has made a direction under section 142(2) or 147(1)(a) or (b); and
    1. public notice has been given under section 149C.

      1. Subsection (1) applies—

      2. whether or not the person has already made a submission to the local authority on the matter; but
        1. subject to subsections (5) to (8).

          1. A submission must be—

          2. in the prescribed form; and
            1. served—
              1. on the EPA, within the time allowed under subsection (9); and
                1. on the applicant, as soon as practicable after service on the EPA.

                2. If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (3B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

                3. If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

                4. A submission must state whether it supports the matter, it opposes the matter, or it is neutral.

                5. If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect—

                6. adversely affects the environment; and
                  1. does not relate to trade competition or the effects of trade competition.

                    1. However, subsection (5) does not apply if the matter is a notice of requirement for a heritage order (or to alter a heritage order), a request for the preparation of a regional plan, a request for a change to a plan, a change to a plan, a variation to a proposed plan, a request for a change to a regional policy statement, a change to a regional policy statement, or a variation to a proposed regional policy statement.

                    2. If the matter is a change to a plan proposed by a local authority under clause 2 of Schedule 1, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement, the person—

                    3. must not make a submission if the person could gain an advantage in trade competition through the submission; and
                      1. may make a submission only if directly affected by an effect of the change or variation that—
                        1. adversely affects the environment; and
                          1. does not relate to trade competition or the effects of trade competition.

                          2. If the matter is a request for the preparation of a regional plan, a request for a change to a plan or a regional policy statement, a person who is a trade competitor of the person who made the request may make a submission only if directly affected by an effect of the proposed plan or change that—

                          3. adversely affects the environment; and
                            1. does not relate to trade competition or the effects of trade competition.

                              1. The closing date for making a submission is 30 working days after the day on which public notice of the direction is given.

                              2. Any submissions on the matter received by the local authority before the matter is called in (by a direction being made under section 142(2)) must be treated as having been made to the EPA under this section.

                              Notes
                              • Section 149E: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 149E(3A): inserted, on , by section 84(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 149E(3B): inserted, on , by section 84(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 149E(6): replaced, on , by section 45(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(7): amended, on , by section 45(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(8): amended, on , by section 45(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(9): amended, on , by section 84(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).