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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Decisions about referral of projects and process of referral - Decision on referral application

22B: Criteria for assessing referral application

You could also call this:

“How we decide if a project can use the fast-track process”

When deciding if a project can use the fast-track approvals process, there are certain things to consider. The project needs to be an important infrastructure or development project that will greatly help the region or the whole country. It also needs to be something that would benefit from the fast-track process, making it quicker and cheaper to approve without causing problems for other projects.

You can think about many different things when deciding if a project is important enough. For example, it might be a project that the government has said is a priority. It could be something that builds new important infrastructure or keeps existing important infrastructure working. The project might help provide more houses or make cities work better. It could create lots of jobs or money for the country. It might help farmers or fishers, or help get natural resources like minerals. The project could help fight climate change or protect people from natural disasters. It might fix big environmental problems or fit in with local plans for the area.

If the project involves work in the sea that might clash with other activities, you need to think about how important the project is compared to those other activities. You should look at how much money it might make, how it fits with plans for managing the sea, and how it affects the environment.

Some projects are automatically considered important enough. These include projects that are on a special list, or aquaculture (fish farming) projects in certain areas set aside for Maori groups.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS979047.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Environment and resources > Climate and energy
Government and voting > Local councils
Transport and travel > Public transport
Housing and property > Land use
Business > Industry rules
Māori affairs > Māori land
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22A: Minister's decision on referral application, or

“Minister decides if your project can get fast approval”

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22C: Referral of project if referral application accepted, or

“What happens after the Minister accepts your request to fast-track your project”

Part 2 Fast-track approval approvals process for eligible projects
Decisions about referral of projects and process of referral: Decision on referral application

22BCriteria for assessing referral application

  1. The criteria for accepting a referral application are that—

  2. the project is an infrastructure or development project that would have significant regional or national benefits; and
    1. referring the project to the fast-track approvals process—
      1. would facilitate the project, including by enabling it to be processed in a more timely and cost-efficient way than under normal processes; and
        1. is unlikely to materially affect the efficient operation of the fast-track approvals process.

        2. For the purposes of subsection (1)(a) , the Minister may consider—

        3. whether the project—
          1. has been identified as a priority project in a central government, local government, or sector plan or strategy (for example, in a general policy statement or spatial strategy), or a central government infrastructure priority list:
            1. will deliver new regionally or nationally significant infrastructure or enable the continued functioning of existing regionally or nationally significant infrastructure:
              1. will increase the supply of housing, address housing needs, or contribute to a well-functioning urban environment (within the meaning of policy 1 of the National Policy Statement on Urban Development 2020):
                1. will deliver significant economic benefits:
                  1. will support primary industries, including aquaculture:
                    1. will support development of natural resources, including minerals and petroleum:
                      1. will support climate change mitigation, including the reduction or removal of greenhouse gas emissions:
                        1. will support climate change adaptation, reduce risks arising from natural hazards, or support recovery from events caused by natural hazards:
                          1. will address significant environmental issues:
                            1. is consistent with local or regional planning documents, including spatial strategies:
                            2. any other matters the Minister considers relevant.

                              1. Subsection (4) applies if the Minister considers there is likely to be competition for space in areas of New Zealand's continental shelf or exclusive economic zone between activity involved in the project and proposed to be undertaken under an approval described in section 24C(3)(h) (marine consent) and—

                              2. any activities regulated under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or any other specified Act; or
                                1. commercial fisheries activities.

                                  1. For the purposes of subsection (1)(a) and without limiting subsection (2)(b) , the Minister may also consider—

                                  2. the economic benefits and strategic importance of the proposed project; and
                                    1. the likely impact of the proposed project on current and proposed marine management regimes; and
                                      1. the environmental impacts of the competing activities.

                                        1. A project is considered to meet the criterion in subsection (1)(a) if either or both of the following apply:

                                        2. the project is a Part B listed project:
                                          1. the project is an aquaculture activity—
                                            1. that is within an aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 or an area reserved under another Treaty settlement for the aquaculture activities of a particular group; and
                                              1. for which the applicant is authorised to apply for a coastal permit.