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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Steps if referral application accepted

28: Notice of Minister's decision on referral application

You could also call this:

"The Minister tells you their decision on your referral application in a written notice."

Illustration for Fast-track Approvals Act 2024

When the Minister makes a decision on a referral application, you will get a written notice. The notice will tell you what the Minister decided and why they made that decision. It will be sent to you if you applied, and to anyone who was asked to comment on the application.

If the Minister decides to accept the referral application, you will also get notice of this decision. The notice will describe the application and the project, and will say why the Minister accepted it. It will also tell you when you need to lodge your substantive application.

The Minister will send all the information they have about the application to the EPA and the panel convener. This includes your application, any comments people made, and reports that were done on the project. The responsible agency will publish the notice on their website so everyone can see it.

You can find more information about the rules for referral applications in sections 21 and 26. If the project needs an aquaculture decision, the relevant chief executive will be notified, as stated in section 80. The Minister's reasons for accepting the application will be based on section 21(1). Any restrictions on the project will be described, as stated in section 27(3)(a). The deadline for lodging the substantive application will be set by the Minister under section 27(3)(b)(i) or (c)(i). You can also find more information about land exchange applications in section 42(4)(f). The Minister may give directions under section 16(2)(c) and section 27. Any comments received under section 17 and reports obtained under sections 18 and 19 will be provided to the EPA and the panel convener.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943297.

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27: Minister specifies matters for accepted referral application, or

"Minister decides details for a project after accepting an application"

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29: Pre-lodgement requirements for listed project, or

"Steps to follow before applying for a special project"

Part 2Fast-track approvals process
Referral of project to fast-track approvals process: Steps if referral application accepted

28Notice of Minister's decision on referral application

  1. The responsible agency must—

  2. give written notice of decisions made by the Minister on a referral application and the associated project under sections 21 and 26, and the reasons for them, to—
    1. the applicant; and
      1. anyone invited to comment on the application; and
      2. publish the notice on an internet site that is administered by or on behalf of the responsible agency and is publicly available as far as practicable and free of charge.

        1. If the decisions are to accept the referral application and refer a project, the responsible agency must also give written notice to—

        2. the panel convener; and
          1. any iwi authorities or Treaty settlement entities (other than those that must be notified under subsection (1)(a)(ii)) that the Minister considers have an interest in the matter; and
            1. the EPA; and
              1. if a proposed approval would require an aquaculture decision under section 80, the relevant chief executive; and
                1. the relevant administering agencies.

                  1. If the decisions are to accept the referral application and refer a project, the notice must—

                  2. describe the application and state that it has been accepted; and
                    1. state the Minister's reasons for accepting the application, including which provision of section 21(1) it was accepted under; and
                      1. include a description of the project that incorporates any restrictions imposed on the project under section 27(3)(a); and
                        1. specify the deadline for lodging the substantive application or, if the proposed approvals include an approval described in section 42(4)(f) (land exchange), the land exchange application, which must be—
                          1. the deadline set by the Minister under section 27(3)(b)(i) or (c)(i), as applicable; or
                            1. if no deadline is set, the date that is 2 years after the notice is given to the applicant; and
                            2. include any other matters specified by the Minister under section 27; and
                              1. include any direction under section 16(2)(c).

                                1. The Minister must provide all the information received by the Minister that relates to the matter to the EPA and to the panel convener, including—

                                2. the referral application; and
                                  1. any comments received under section 17; and
                                    1. the report obtained under section 18; and
                                      1. if a report was obtained under section 19, that report.

                                        Compare
                                        • 2020 No 35 s 25
                                        • 2023 No 46 Schedule 10 cl 21
                                        Notes
                                        • Section 28(2)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).