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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Substantive application

43: Requirements for substantive application

You could also call this:

“Rules for making a big application for a project”

When you want to make a substantive application, you need to follow these rules:

You must submit your application in the way the EPA (Environmental Protection Authority) says to do it. You need to explain how your project fits with what the Fast-track Approvals Act 2024 is trying to do. If your project is part of a bigger plan, you need to explain how both your part and the whole plan fit with the Act’s purpose. You also need to say how likely it is that the other parts will happen.

You have to show that your project doesn’t include any activities that aren’t allowed. If more than one person is applying, you need to say what approval each person wants. You must include all the information the Minister has asked for and meet the requirements for the specific approvals you’re seeking.

If you’ve asked for a special determination, you need to include a copy of that notice. If your activity needs agreement from others, you need to explain what you’ve done to get that agreement. You should say if your project is a priority project and confirm there are no other applications competing with yours.

You must submit your application by the deadline given in the notice. You also need to pay any fees before you submit your application.

If your project is on a special list, you need to provide extra information as set out in the Act. The EPA will provide a form for you to use, which you can find on their website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS965483.

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"Allowed people can ask for many project approvals at once"

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Substantive application

43Requirements for substantive application

  1. A substantive application—

  2. must be lodged in the form and manner approved by the EPA; and
    1. must—
      1. explain how the project to which the application relates is consistent with the purpose of this Act; or
        1. for a project referred under section 21(1)(a),—
          1. explain how both the stage to which the application relates and the whole project are consistent with the purpose of this Act; and
            1. contain information relating to the likelihood that any later stages of the project will be completed; and
          2. must demonstrate that the project does not involve any ineligible activities; and
            1. must, if the application is lodged by more than 1 authorised person, state the proposed approval to be held by each person; and
              1. must comply with—
                1. any information requirements specified by the Minister under section 27(3)(b)(ii); and
                  1. the requirements listed in subsection (3) that apply to the approvals sought; and
                  2. must, if the authorised person has applied under section 39 for a determination under section 23 or 24, include a copy of the notice under section 39(4); and
                    1. must, if the application seeks an approval for an activity that is the subject of a determination under section 23, set out the steps taken to secure the agreement referred to in section 5(1)(a); and
                      1. must state whether the application relates to a priority project and, if so, include confirmation that, to the best of the applicant's knowledge, there are no competing applications; and
                        1. must be made by the deadline specified in the notice under section 28(3)(d); and
                          1. must not lodge a substantive application unless any fee, charge, or levy payable under regulations in respect of the application is paid.

                            1. If a substantive application is for a listed project, it must also contain the information required by section 13(4) (other than section 13(4)(b), (f)(ii) and (iii), and (g)), which applies—

                            2. as if the reference in section 13(4)(k) to section 11 were a reference to section 29; and
                              1. as if the reference in clause 2 of Schedule 11 to section 12(2) were a reference to section 29; and
                                1. with any other necessary modifications.

                                  1. The requirements referred to in subsection (1)(e)(ii) are those set out in,—

                                  2. for an approval described in section 42(4)(a) (resource consent), clauses 5 to 8 of Schedule 5:
                                    1. for an approval described in section 42(4)(b) (change or cancellation of resource consent condition), clause 10 of Schedule 5:
                                      1. for an approval described in section 42(4)(c) (certificate of compliance), clause 11 of Schedule 5:
                                        1. for an approval described in section 42(4)(d) (designation), clause 12 of Schedule 5:
                                          1. for an approval described in section 42(4)(e) (concession), clause 3 of Schedule 6:
                                            1. for an approval described in section 42(4)(f) (land exchange), clause 27 of Schedule 6:
                                              1. for an approval described in section 42(4)(g) (conservation covenant), clause 42 of Schedule 6:
                                                1. for an approval described in section 42(4)(h) (wildlife approval), clause 2 of Schedule 7:
                                                  1. for an approval described in section 42(4)(i) (archaeological authority), clause 2 of Schedule 8:
                                                    1. for an approval described in section 42(4)(j) (complex freshwater fisheries activity approval), clause 3 of Schedule 9:
                                                      1. for an approval described in section 42(4)(k) (marine consent), clauses 3 and 4 of Schedule 10:
                                                        1. for an approval described in section 42(4)(l) or (m) (access arrangement), clause 3 of Schedule 11:
                                                          1. for an approval described in section 42(4)(n) (mining permit), clause 16 of Schedule 11.

                                                            1. The EPA must approve an application form for the purposes of this section and ensure that it is made available on an internet site administered by or on behalf of the EPA.

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