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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

48: EPA requests recommendation in relation to aquaculture activities

You could also call this:

“EPA asks for advice about fish farming in the sea”

When someone applies for permission to do aquaculture activities in the coastal marine area, the Environmental Protection Authority (EPA) needs to ask for a recommendation about it. This happens in a few specific situations:

If the person applying doesn’t already have permission to use that area of the coast for aquaculture, or if they do have permission but with special conditions.

If someone is asking to change their existing permission and it has special conditions.

When the EPA gives the application to the panel leader, they must ask the relevant government official to make a recommendation about the aquaculture decision. This recommendation follows specific rules.

If the EPA sends more than one request at the same time, they need to tell the government official which application came in first.

The EPA also needs to tell the government official when the panel will ask for comments on the application. They have to do this at least one day before it happens. This is to make sure certain processes can happen at the same time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS985131.

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"EPA checks for similar requests or existing permits"

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"EPA gets a quick report about your project from another agency"

Part 2 Fast-track approvals process
Panel consideration of substantive application: Steps by EPA after substantive application lodged

48EPA requests recommendation in relation to aquaculture activities

  1. This section applies if—

  2. a substantive application seeks an approval described in section 42(4)(a) or (b) (resource consent or change or cancellation of resource consent condition) for aquaculture activities to be undertaken in the coastal marine area; and
    1. for an approval described in section 42(4)(a), either—
      1. the authorised person who is proposed to hold the approval does not hold a coastal permit under the Resource Management Act 1991 to occupy the relevant area of the coastal marine area for aquaculture activities; or
        1. that authorised person does hold a coastal permit of that kind but it has conditions specified under section 186H(3) of the Fisheries Act 1996; and
        2. for an approval described in section 42(4)(b) in relation to a coastal permit to occupy the relevant area of the coastal marine area for aquaculture activities, the coastal permit has conditions specified under section 186H(3) of the Fisheries Act 1996.

          1. When the EPA provides the substantive application to the panel convener, the EPA must request that the relevant chief executive make a recommendation, in accordance with clauses 14 to 16 of Schedule 5, on the aquaculture decision to be made under section 80.

          2. If the EPA sends 2 or more requests to the relevant chief executive at the same time, the EPA must indicate to the relevant chief executive the time at which the respective applications were received.

          3. The EPA, at the direction of the panel that considers the substantive application, must notify the relevant chief executive of the date on which the panel intends to invite comments under section 53 at least 1 day before that date to allow the processes under clause 14 of Schedule 5 to occur at the same time.