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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Process if related matter already subject to direction to refer to board of inquiry or court

149ZB: How EPA must deal with certain applications and notices of requirement

You could also call this:

"EPA's rules for dealing with big projects and important applications that affect the country."

If you are dealing with a big project that affects the whole country, and some parts of it are already being looked at by a special board or court, the EPA has to follow some rules. The EPA has to look at certain applications and notices, like requests for resource consents or changes to conditions, and notices to alter designations or heritage orders. The EPA must make a recommendation to the Minister about whether to make a direction under section 147(1)(a), (b), or (c) and also recommend whether the application or notice should be notified under sections 149ZCB to 149ZCF.

When the EPA is looking at these applications and notices, they have to consider if the activity is part of a big project that is already being looked at by a board or court. You need to know that the EPA has to make these recommendations if the application or notice was lodged before the board or court made a decision, or after the decision was made and the project was approved. The EPA's job is to help the Minister make decisions about these big projects, and to make sure that everyone follows the rules.

The EPA is looking at applications and notices that are related to resource consents, designations, and heritage orders. They have to make recommendations about these applications and notices, and also about whether they should be notified to the public under sections 149ZCB to 149ZCF. The EPA's recommendations will help the Minister make decisions about these big projects, and make sure that everyone follows the rules.

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Part 6AAProposals of national significance
Miscellaneous provisions: Process if related matter already subject to direction to refer to board of inquiry or court

149ZBHow EPA must deal with certain applications and notices of requirement

  1. This section applies to a matter that is an application or notice of requirement described in subsection (2) if—

  2. the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) or 147(1)(a) or (b); and
    1. the application or notice was lodged with the EPA either—
      1. before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under section 142(2) or 147(1)(a) or (b); or
        1. after the matter or matters have been determined by the board or the court and the matter or matters have been granted or confirmed.

        2. The applications and notices are—

        3. an application for a resource consent:
          1. an application for a change to or cancellation of the conditions of a resource consent:
            1. a notice of requirement to alter a designation:
              1. a notice of requirement to alter a heritage order.

                1. In addition to making a recommendation to the Minister under section 146 on whether to make a direction under section 147(1)(a), (b), or (c) in relation to the application or notice, the EPA must also recommend whether the application or notice should be notified under sections 149ZCB to 149ZCF.

                Notes
                • Section 149ZB: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 149ZB(3): amended, on , by section 152 of the Resource Legislation Amendment Act 2017 (2017 No 15).