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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 your application to see if it's complete and correct."

Illustration for Fast-track Approvals Act 2024

The EPA checks if your application is complete and correct. You need to follow rules in section 42, sections 43 and 44. The EPA decides if your application is okay within 15 working days. The EPA looks at your application to see if it is about a listed project or a referred project. They check if the project seems to be allowed and if you paid the right fee. If everything is okay, the EPA tells you and sends your application to the panel convener. If the EPA says your application is not okay, they send it back to you with reasons why. If you send it back, the EPA treats it as a new application and starts the process again.

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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

"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