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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Steps by EPA after substantive application lodged

47: EPA makes recommendation on whether there are competing applications or existing resource consents for same activity

You could also call this:

“EPA checks for similar requests or existing permits”

The Environmental Protection Authority (EPA) needs to check if there are any other applications or existing permissions that might clash with a new application. They do this by talking to the relevant agencies and authorities. The EPA then tells the Minister what they’ve found out.

The EPA has to do this within 10 working days after they decide that the application has all the right information. They look at two things:

  1. Whether there are any other applications that might compete with this one.
  2. If the application is for a resource consent, whether there are any existing resource consents that the application hasn’t mentioned.

After hearing from the EPA, the Minister decides if there are any competing applications. If there are, the Minister tells the authority handling the competing application and the person who made the new application.

The Minister has to wait until all competing applications are decided and any appeals are finished before moving forward. Once that’s done, or if there are no competing applications, the Minister can tell the EPA to set up a panel to look at the application.

If the Minister finds out there are existing resource consents that weren’t mentioned in the application, the EPA has to send the application back to the applicant to fix.

The Minister can ask the EPA to do all of these jobs instead of doing them personally. If the Minister does this, the EPA has to make the decisions within the same 10-working-day time frame.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1001170.

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"EPA checks if your project application is ready and follows the rules"

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Steps by EPA after substantive application lodged

47EPA makes recommendation on whether there are competing applications or existing resource consents for same activity

  1. The EPA must, in consultation with the relevant administering agencies and relevant consent authorities, make a recommendation to the Minister on—

  2. whether a substantive application has any competing applications; and
    1. if a substantive application seeks an approval described in section 42(4)(a) (resource consent), whether there are any existing resource consents of the kind referred to in section 30(3)(a) that are not identified in the substantive application.

      1. The EPA must make a recommendation under subsection (1) within 10 working days after the EPA decides that the substantive application complies with section 46(2).

      2. After receiving a recommendation under subsection (1)(a), the Minister must decide whether the substantive application has a competing application.

      3. If the Minister decides that the substantive application has a competing application, the Minister must give written notice of that decision to—

      4. the consent authority or administering agency with which the competing application had been lodged; and
        1. the applicant.

          1. The Minister must be notified in writing by the following when a competing application has been determined and any rights of appeal that relate to that application have been exhausted or have expired:

          2. the EPA, if the competing application was made under this Act:
            1. the consent authority or administering agency referred to in subsection (4)(a), if the competing application was made under a specified Act.

              1. The Minister may give notice under subsection (7) if the Minister—

              2. considers that the substantive application has 1 or more competing applications and the Minister has received notice under subsection (5) for each of those competing applications; or
                1. does not consider that the substantive application has any competing applications.

                  1. The EPA must not provide the substantive application to the panel convener before the Minister notifies the EPA in writing that a panel may be set up for the substantive application.

                  2. After receiving a recommendation under subsection (1)(b), the Minister must decide whether there are any existing resource consents of the kind referred to in section 30(3)(a) that are not identified in the substantive application.

                  3. If the Minister decides that there are any existing resource consents of that kind, the EPA must return the application under section 46(4) (and section 46(5) applies accordingly).

                  4. The Minister may, in writing, delegate to the EPA the Minister's functions, powers, and duties under this section.

                  5. A delegation under subsection (10)—

                  6. is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
                    1. does not prevent the Minister from performing or exercising the functions, duties, or powers concerned.

                      1. If the Minister delegates to the EPA the power to make any or all decisions under subsection (3) or (8), the EPA must make those decisions within the 10-working-day time frame that applies under subsection (2) rather than making recommendations under subsection (1).