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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Draft decisions on approvals

69: Panel provides draft decisions to applicant before declining approval

You could also call this:

“Panel tells you their plan to say no and asks for changes before making final decision”

If a panel is thinking about saying no to your approval, they must first let you know. They will ask the EPA to give you a draft of their decision for each approval you asked for. The panel will then invite you to do one of two things. You can suggest changes or new conditions for the approvals you want. Or, you can take back part of your application for some of the approvals.

If you want to suggest changes, you need to focus on fixing the reasons why the panel might say no. Your suggestions must also fit within what you originally asked for in your application. The panel will tell you the date by which you need to send your suggestions to the EPA.

The panel will only do this if they haven’t asked you for suggestions before. This gives you a chance to improve your application before they make a final decision to say no.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1012706.

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Draft decisions on approvals

69Panel provides draft decisions to applicant before declining approval

  1. This section applies if a panel—

  2. proposes to decline an approval under section 81; and
    1. has not previously invited the applicant to make a proposal under subsection (2)(b).

      1. The panel must direct the EPA to—

      2. provide the applicant with a copy of its draft decision document for every approval sought in the substantive application; and
        1. invite the applicant to—
          1. propose conditions on, or modifications to, any of the approvals sought; or
            1. withdraw the part of the substantive application that seeks any of the approvals sought.

            2. A proposal under subsection (2)(b) must—

            3. be for the purpose of addressing the reasons for which the approval referred to in subsection (1) is proposed to be declined; and
              1. be within the scope of the substantive application.

                1. An invitation for a proposal under subsection (2)(b) must include the date set by the panel by which the proposal must be received by the EPA.