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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:

"The EPA checks if your application is complete and follows the rules."

Illustration for Fast-track Approvals Act 2024

When you send a substantive application to the EPA, they look at it to see if it is complete and within scope. The EPA checks if your application meets the rules outlined in section 42, sections 43 and 44, and if it is for a listed or referred project.

The EPA also checks if the project seems to be allowed and if you have paid any fees. They do this within 15 working days of getting your application.

If the EPA decides your application is complete, they tell you in writing and send it to the panel convener. If it is not complete, they send it back to you with reasons why.

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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.

Topics:
Environment and resources > Town planningGovernment and voting > Government departments
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45: Withdrawal of substantive application, or

"Withdrawing your main application: how to cancel it 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 2Fast-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