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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Further information, etc

67: Panel may request further information or report

You could also call this:

“The panel can ask for more details or reports to help them decide”

When a panel is looking at a big application, they can ask for more information before they make their final decision. They do this by telling the EPA (Environmental Protection Authority) what to do.

The EPA can ask for more details from different people or groups. This could be the person who made the application, the local council, other important agencies, or anyone who was invited to give comments earlier.

The EPA can also ask for a special report to be made about something important in the application. This report might even come from the local council.

If someone is asked for more information, they need to send it electronically. If they don’t want to provide the information, they have to tell the EPA why not. They must do this within 10 working days.

The EPA then shares any new information or reports with the panel, the person who made the application, and everyone who gave comments before. These people can read the new information, but they can’t make more comments unless the panel asks them to.

If someone doesn’t send the information that was asked for, the panel will just carry on as if that person said no to giving more information.

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Further information, etc

67Panel may request further information or report

  1. At any time before a panel makes its decisions under section 81 on a substantive application, the panel may direct the EPA—

  2. to request further information in relation to the application from any or all of the following:
    1. the applicant (or, if the application is lodged by more than 1 authorised person, any of those persons):
      1. a relevant local authority:
        1. a relevant administering agency:
          1. any person or group invited to provide comments under section 35 or 53:
          2. to prepare or commission a report (including a report from a relevant local authority) on an issue relevant to the application.

            1. If further information is requested under subsection (1)(a), the person or body requested to provide the information must—

            2. provide electronic copies of the information or report requested; or
              1. advise the EPA, with reasons, that it declines to provide the information or report requested.

                1. Subsection (2) must be complied with by the date directed by the panel, which must not be later than 10 working days after the direction is given.

                2. The EPA must provide electronic copies of any information or report it receives under this section to—

                3. the panel; and
                  1. the applicant; and
                    1. every person or group that provides comments under section 35 or 53.

                      1. The persons who, or groups that, receive the information or report under subsection (4)(c) may not make further comments unless requested by the panel.

                      2. If information requested under subsection (1) is not received by the panel in accordance with subsections (2) and (3), the panel must proceed as if the request for further information had been declined.

                      Compare
                      • 2020 No 35 Schedule 6 cl 25
                      • 2023 No 46 Schedule 10 cl 30