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Fast-track Approvals Act 2024

Amendments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

“Rules for handling old and new requests during the change to the new Fast-track Approvals Act”

You can’t make new applications under this Act until 7 February 2025. This includes referral applications, pre-request aquaculture agreements, land exchange applications, mining permit information, and substantive applications.

If you made an application under the old fast-track process before this new Act started, your application will still be processed under the old rules. This means all the old functions, duties, and powers of the people involved will stay the same. You can still appeal decisions made about your application under the old rules.

If you want to, you can withdraw your old application by telling the EPA in writing. If you don’t respond to the EPA for 12 months after this new Act starts, they will return your application and it will be treated as withdrawn.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943324.

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1Transitional, savings, and related provisions Empowered by s 6

1Provisions relating to this Act as enacted

1Interpretation

  1. In this Part,—

    commencement means the day on which this Act comes into force

      Interim Fast-track Consenting Act means the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023.

      Existing applications

      2Existing fast-track applications

      1. This clause applies to an application made under the fast-track consenting process continued by clause 8 of Schedule 1 of the Interim Fast-track Consenting Act that was made or lodged, but not finally determined, before commencement.

      2. If the application has not been withdrawn before that date, the application must continue to be processed and determined under the Interim Fast-track Consenting Act as if that Act had not been amended by this Act.

      3. The provisions of the Interim Fast-track Consenting Act that are repealed by this Act remain in force for the purpose of completing any matter commenced under the Interim Fast-track Consenting Act before the repeal of those provisions.

      4. The matters referred to in subclause (3) include, without limitation,—

      5. the functions, duties, and powers of the Minister for the Environment, the Minister of Conservation (for a referral application (to which the Interim Fast-track Consenting Act applies) that relates to an activity within the coastal marine area), the EPA, expert consenting panels, the Chief Environment Court Judge, and courts that relate to the application:
        1. rights of appeal against decisions made in respect of the application under the Interim Fast-track Consenting Act:
          1. court proceedings (including judicial review proceedings) that relate to a decision made in respect of the application under the Interim Fast-track Consenting Act, whether pending or filed after commencement:
            1. the recovery of costs of the processes under Part 2 of Schedule 10 of the Natural and Built Environment Act 2023, as provided for in clause 94 of that schedule, and as applied by clause 8 of Schedule 1 of the Interim Fast-track Consenting Act.

              1. The obligation in clause 4 of Schedule 1 of the Interim Fast-track Consenting Act to uphold Treaty settlements, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, and other arrangements remains in force in relation to the application.

              3Withdrawal of applications

              1. An applicant may withdraw their application continued by clause 8 of Schedule 1 of the Interim Fast-track Consenting Act by giving notice in writing to the EPA.

              2. The EPA must return an application if no information or responses are received from the applicant within 12 months after commencement.

              3. An application returned under subclause (2) must be treated as having been withdrawn.

              New applications

              4New applications and related matters may not be lodged before 7 February 2025

              1. The following may not be lodged before 7 February 2025:

              2. a referral application:
                1. a pre-request aquaculture agreement that would be lodged under section 31:
                  1. a land exchange application:
                    1. information relating to an approval described in section 42(4)(n) (mining permit) that would be lodged under section 37:
                      1. a substantive application.