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Fast-track Approvals Bill

Amendments and repeals

Schedule 9: Process for marine consents under Approvals relating to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

You could also call this:

“Rules for getting permission to do things in New Zealand's ocean areas”

This schedule explains how marine consents are handled under the Fast-track Approvals Bill. When you apply for a marine consent, you need to give some extra information. This includes telling if the Minister of Conservation is affected, if you’ve applied for consent before, and if you’ve had any issues with following the rules.

If your project involves both the sea and land, you need to combine your environmental assessments. When applying for a marine consent, you must describe what you want to do, how it might affect the environment, and how you’ll deal with any structures when they’re no longer needed.

When deciding on a marine consent, the panel looks at the purpose of the Act, the rules for the Exclusive Economic Zone, and other important factors. They must follow specific criteria and can set conditions on the consent. Once granted, the marine consent works the same as if it was given under the usual law. If you want to change the conditions later, you need to follow the normal process, but the purpose of this Act is also 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.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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9 Process for marine consents under Approvals relating to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Empowered by s 30A

1Interpretation

  1. In this schedule, marine consent means an approval of the kind described in section 24C(3)(h) .

4Additional information required to be included in referral application

  1. The information required to be provided under section 14(3)(x)(ii) 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 22B(4) :
          2. additional information (in a summary form) about compliance or enforcement action taken against the applicant by the EPA under the EEZ Act.

            6Combination of applications under EEZ Act and RMA for marine consent and approval described in section 24C(3)(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 24C(3)(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.

            8Information required for application for marine consent

            1. An application for an approval described in section 24C(3)(h) 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; and
                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.

                  9Criteria for assessment of application for marine consent

                  1. For the purpose of section 24W , when considering an application for a marine consent, and setting conditions, the panel must take into account, giving the greatest weight to paragraph (a) ,—

                  2. the purpose of this Act; and
                    1. the purposes and principles of the EEZ Act set out in subpart 2 of Part 1 of that 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 application the panel is considering.

                          10Conditions

                          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.

                          12Marine 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.

                          13Variations 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 set out in clause 9(1)(d), the EPA must take into account the purpose of this Act.