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Fast-track Approvals Act 2024

Amendments

Schedule 10: Approvals relating to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

You could also call this:

“Rules for activities in New Zealand's ocean areas”

This schedule explains how to handle approvals related to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 under the Fast-track Approvals Act 2024. It defines important terms like “EEZ Act” and “marine consent” for you to understand.

When you apply for a marine consent, you need to provide specific information. This includes details about whether the Minister of Conservation is affected, if you’ve applied for consent before, and any past issues with following the rules. You also need to describe your planned activity, how it might affect the environment, and what you’ll do with things like structures or cables when you’re finished.

The schedule explains how applications are assessed and what conditions might be placed on approvals. The panel looking at your application must consider the purpose of the Act, relevant policies, and specific sections of the EEZ Act. They need to balance these factors when making their decision. If your marine consent is approved, it works the same way as if it was granted under the EEZ Act. If you want to change the conditions later, you’ll need to follow the EEZ Act rules, but the purpose of the Fast-track Approvals Act will also be considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943501.

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10Approvals relating to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Empowered by s 115

1Interpretation

  1. In this schedule,—

    EEZ Act means the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

      marine consent means an approval described in section 42(4)(k).

      2Information about marine consent required in referral application

      1. The information required to be provided under section 13(4)(y)(vii) is—

      2. information about whether the Minister of Conservation is an affected person:
        1. additional information about whether the applicant has already made an application for a consent under the EEZ Act in relation to the project, and, if so,—
          1. details of any application made; and
            1. the decisions made on that application; and
              1. information about the matters that the Minister may consider under section 22(6):
              2. additional information (in a summary form) about compliance or enforcement action taken against the applicant by the EPA under the EEZ Act.

                1. If the referral application is to be lodged by more than 1 person, the reference to the applicant in subclause (1)(b) must be read as a reference to the person who is to be identified in the application as the proposed holder of the marine consent.

                3Combination of applications for marine consent and approval described in section 42(4)(a)

                1. Subclause (2) applies if the substantive application includes related applications for a marine consent and an application for an approval described in section 42(4)(a) for a cross-boundary activity (within the meaning of section 88 of the EEZ Act).

                2. The impact assessment under the EEZ Act and the assessment of environmental effects under the Resource Management Act 1991 must be combined.

                4Information required in application for marine consent

                1. For the purposes of section 43(3)(k), an application for a marine consent must include the following information:

                2. a description of the proposed activity:
                  1. an impact assessment prepared in accordance with section 39 of the EEZ Act and any requirements prescribed in regulations made under that Act:
                    1. if the application relates to an activity referred to in section 20(2)(a), (b), or (c) of the EEZ Act, a description in general terms of how and when it is proposed that the structure, submarine pipeline, or submarine cable will be dealt with at the end of its life.

                      5Persons to be invited to provide written comments

                      1. For the purposes of section 53(2)(m)(v),—

                      2. the persons are those listed in section 46(1)(b)(ii) of the EEZ Act; and
                        1. section 46(1)(b)(ii) of the EEZ Act must be read as if references to the EPA were references to the panel.

                          6Criteria for assessment of application for marine consent

                          1. For the purposes of section 81, when considering an application for a marine consent, including conditions in accordance with clause 7, the panel must take into account, giving the greatest weight to paragraph (a),—

                          2. the purpose of this Act; and
                            1. sections 10 and 11 of the EEZ Act; and
                              1. any relevant policy statements issued under the EEZ Act; and
                                1. sections 59, 60, 61(1)(b) and (c) and (2) to (5), 62(1A) and (2), 63, and 64 to 67 of the EEZ Act.

                                  1. For the purposes of subclause (1)(d), the panel must take into account that section 62(1A) of the EEZ Act would normally require an application to be declined, but must not treat that provision as requiring the panel to decline the approval the panel is considering.

                                  7Conditions

                                  1. Sections 63 to 67 of the EEZ Act apply with any necessary modifications as if the references to a marine consent authority in those sections were references to the panel.

                                  8Marine consents deemed to be issued under EEZ Act

                                  1. A marine consent that is granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were a marine consent granted under the EEZ Act.

                                  9Variations to conditions of marine consents

                                  1. An application for a variation of the conditions of, or a review by the EPA of the conditions of, a marine consent granted under this Act must be conducted in accordance with the EEZ Act, except that when applying any of the provisions of the EEZ Act or policy statements set out in clause 6(1)(b) to (d), the EPA must take into account the purpose of this Act.