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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Substantive application

42: Authorised person may lodge substantive application for approvals

You could also call this:

"A person in charge can lodge one application for project approvals under the Fast-track Approvals Act 2024."

Illustration for Fast-track Approvals Act 2024

You can ask for approvals for a project under the Fast-track Approvals Act 2024. The person in charge of the project can lodge one application for approvals. This application is called a substantive application.

You need to follow some rules when you lodge a substantive application. The application must comply with section 43 of the Fast-track Approvals Act 2024. If there is more than one person in charge of the project, they must all lodge the application together.

A substantive application can ask for different types of approvals. These include approvals under the Resource Management Act 1991, like resource consents or certificates of compliance. It can also ask for approvals under other laws, like the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Crown Minerals Act 1991.

You can ask for approvals for things like mining permits or access arrangements. But you need to meet certain conditions, like having the right permits or following the right process. The conditions depend on the type of approval you are asking for.

If you are asking for an approval under the Resource Management Act 1991, you need to follow the rules in that Act. You can ask for an approval even if the activity is normally not allowed under that Act. But you need to lodge your application within a certain time frame if section 30(6) of the Fast-track Approvals Act 2024 applies.

You can also ask for approvals for things like land exchanges or conservation covenants. But you need to follow the rules in the relevant laws, like the Resource Management Act 1991 or the Crown Minerals Act 1991. The rules are different for different types of approvals.

If you are lodging a substantive application with other people, you need to make sure you all agree on who will hold the approval. This is important for things like access arrangements or mining permits. You need to follow the rules in the Fast-track Approvals Act 2024 and other relevant laws.

If you have already applied for a determination under section 23 or 24 of the Fast-track Approvals Act 2024, your substantive application must comply with section 39(5) of that Act. This means you need to follow the rules in that section when you lodge your application. You should check the Act to see what you need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS981887.

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43: Requirements for substantive application, or

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Part 2Fast-track approvals process
Panel consideration of substantive application: Substantive application

42Authorised person may lodge substantive application for approvals

  1. The authorised person for a listed project or a referred project may lodge with the EPA—

  2. 1 substantive application for the project; or
    1. in the case of a referred project whose referral application was accepted under section 21(1)(a), 1 substantive application for each stage of the project.

      1. A substantive application must—

      2. comply with section 43; and
        1. if there is more than 1 authorised person for the project, be lodged jointly by every authorised person who is the proposed holder of an approval.

          1. For each approval sought under subsection (4),—

          2. the applicant must be eligible to apply for any corresponding approval under a specified Act; or
            1. if the substantive application is lodged by more than 1 authorised person, the authorised person who is proposed to hold the approval sought under subsection (4) must be a person who would be eligible to apply for any corresponding approval under a specified Act.

              1. A substantive application may seek 1 or more of the following matters (the approvals):

              2. a resource consent that would otherwise be applied for under the Resource Management Act 1991 (but see subsection (5)):
                1. a change or cancellation of a resource consent condition that would otherwise be applied for under the Resource Management Act 1991 (but see subsection (6)):
                  1. a certificate of compliance that would otherwise be applied for under the Resource Management Act 1991 (but see subsection (7)):
                    1. a designation or an alteration to an existing designation for which a notice of requirement would otherwise be lodged under the Resource Management Act 1991:
                      1. a concession as defined in clause 1 of Schedule 6:
                        1. a land exchange (but see subsection (8)):
                          1. an amendment to or revocation of a conservation covenant as defined in clause 41 of Schedule 6:
                            1. a wildlife approval as defined in clause 1 of Schedule 7:
                              1. an archaeological authority described in section 44(a) or (b) of the Heritage New Zealand Pouhere Taonga Act 2014 that would otherwise be applied for under that Act (but see subsection (9)):
                                1. an approval or a dispensation that would otherwise be applied for under regulation 42 or 43 of the Freshwater Fisheries Regulations 1983 in respect of a complex freshwater fisheries activity:
                                  1. a marine consent that would otherwise be applied for under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
                                    1. an initial access arrangement or a variation to an existing access arrangement that would otherwise be applied for under section 61 of the Crown Minerals Act 1991 (but see subsection (10)):
                                      1. an access arrangement that would otherwise be applied for under section 61B of the Crown Minerals Act 1991 or a variation to an access arrangement granted under that section:
                                        1. a mining permit that would otherwise be applied for under section 23A of the Crown Minerals Act 1991 (but see subsection (11)).

                                          1. A substantive application that seeks an approval described in subsection (4)(a)—

                                          2. may seek that approval for an activity that is a prohibited activity under the Resource Management Act 1991:
                                            1. must, if section 30(6) applies, be lodged within the time frame specified in that section.

                                              1. A substantive application may seek an approval described in subsection (4)(b) only if—

                                              2. the substantive application also seeks an approval described in subsection (4)(a) or (d); and
                                                1. the change or cancellation is material to the implementation or delivery of the project.

                                                  1. A substantive application may seek an approval described in subsection (4)(c) only if the substantive application also seeks an approval described in subsection (4)(a) or (d).

                                                  2. A substantive application that seeks an approval described in subsection (4)(f) must comply with section 35(9).

                                                  3. A substantive application that seeks an approval described in subsection (4)(i)—

                                                  4. may be made only if the application also seeks an approval described in subsection (4)(a) or (d):
                                                    1. may include an application under clause 7 of Schedule 8 (application for approval of person to carry out activity).

                                                      1. A substantive application may seek an approval described in subsection (4)(l) if the applicant—

                                                      2. is the holder of an appropriate permit required by section 61 of the Crown Minerals Act 1991; or
                                                        1. is also applying for the relevant approval under subsection (4)(n) as part of the substantive application.

                                                          1. A substantive application may seek an approval described in subsection (4)(n) only if—

                                                          2. the approval is sought for 1 or more deposits of 1 or more minerals; and
                                                            1. the applicant holds exploration permits or existing privileges that—
                                                              1. apply to those minerals; and
                                                                1. have more than 3 months before they expire; and
                                                                2. the area of land for which the approval is sought is within, or the same as, the area of land to which those exploration permits or existing privileges apply; and
                                                                  1. the application proposes that those exploration permits or existing privileges be surrendered in relation to the area of land over which the approval is sought; and
                                                                    1. the proposed term of the approval is no more than 40 years; and
                                                                      1. granting the approval would not be prevented by any of sections 25(6) and (7) and 30(8) of the Crown Minerals Act 1991 if the approval were applied for under that Act.

                                                                        1. If a substantive application is lodged by more than 1 authorised person, the applicant for the purposes of subsections (10) and (11) is the person who is proposed to hold the approval described in subsection (4)(l) or (n), as the case may be.

                                                                        2. If the authorised person has applied under section 39 for a determination under section 23 or 24, the substantive application must comply with section 39(5).