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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:

“Allowed people can ask for many project approvals at once”

You can make a big application for a project if you’re allowed to. This application can ask for many different types of approvals all at once. If the project has stages, you might be able to make separate applications for each stage.

When you make this application, you need to follow the rules. If more than one person is allowed to make the application, you all need to do it together.

You can ask for different types of approvals in your application. These include things like permission to use land, change existing permissions, build things, use conservation areas, or deal with important historical places. You can even ask for permission to do some things that are usually not allowed.

There are some special rules for certain types of approvals. For example, if you want to change an existing permission, you need to show it’s important for your project. If you want to do something with wildlife or historical places, you might need to ask for other approvals too.

If you want to do mining, there are extra rules you need to follow. You need to already have some permits, and you can only ask for approval in certain areas for a limited time.

Remember, if more than one person is making the application, the person who will be in charge of each approval needs to be the right person to ask for it.

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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

"Rules for making a big application for a project"

Part 2 Fast-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).