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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Steps by EPA after substantive application lodged

46: EPA decides whether substantive application is complete and within scope

You could also call this:

“EPA checks if your project application is ready and follows the rules”

The Environmental Protection Authority (EPA) has to check if your application for a project is complete and fits within the rules. They have 15 working days to do this after they get your application. They’ll work with other agencies and local councils to make this decision.

Your application is complete if it follows all the rules in sections 42, 43, and 44 of the law. It must only be about a project that’s on the list or has been referred to them. The EPA also checks that your project doesn’t include any activities that aren’t allowed. You need to pay any fees that are required.

If the EPA decides your application is complete, they’ll tell you in writing. They’ll also send your application to the person in charge of the panel that will look at it more closely.

If your application isn’t complete, the EPA will send it back to you right away. They’ll explain in writing why they’re sending it back.

If you want to try again after the EPA sends your application back, you can. But they’ll treat it like a brand new application, and the 15-day countdown will start over.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969148.

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45: Withdrawal of substantive application, or

"Stopping your request for approvals before a decision is made"

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47: EPA makes recommendation on whether there are competing applications or existing resource consents for same activity, or

"EPA checks for similar requests or existing permits"

Part 2 Fast-track approvals process
Panel consideration of substantive application: Steps by EPA after substantive application lodged

46EPA decides whether substantive application is complete and within scope

  1. The EPA must, in consultation with the relevant administering agencies and relevant consent authorities, decide whether a substantive application complies with subsection (2) within 15 working days after receiving it.

  2. A substantive application complies with this subsection if—

  3. the application complies with—
    1. section 42; and
      1. sections 43 and 44; and
      2. the application relates solely to a listed project or a referred project; and
        1. the EPA considers that, on the face of the application, the project does not appear to involve an ineligible activity; and
          1. any fee, charge, or levy payable under regulations in respect of the application is paid.

            1. If the EPA decides that the substantive application complies with subsection (2), the EPA must—

            2. give written notice of the decision to the applicant; and
              1. provide the application to the panel convener.

                1. If the EPA decides that the substantive application does not comply with subsection (2), it must return the application immediately to the applicant, with written reasons for returning the application.

                2. If a substantive application is lodged again with the EPA after the EPA has returned the application,—

                3. that application must be treated as a new substantive application; and
                  1. the time period specified in subsection (1) begins again for the EPA.

                    Compare
                    • 2020 No 35 Schedule 6 cls 3, 4
                    • 2023 No 46 Schedule 10 cl 23