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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:

"The EPA asks for advice before deciding on aquaculture activities in coastal areas"

Illustration for Fast-track Approvals Act 2024

If you want to do aquaculture activities in the coastal marine area, you need to apply for approval. The EPA looks at your application and decides what to do next. You might need a coastal permit under the Resource Management Act 1991 to occupy the area for aquaculture activities. If you do not have a coastal permit, or if your permit has special conditions, the EPA will ask for a recommendation.

When the EPA sends your application to the panel, they must ask the chief executive for a recommendation on the aquaculture decision. The EPA follows clauses 14 to 16 of Schedule 5 to make this request. The chief executive's recommendation will help the EPA make a decision under section 80.

If the EPA sends multiple requests at the same time, they must tell the chief executive when each application was received. The EPA will also notify the chief executive of the date when the panel will invite comments under section 53. This notification must be at least one day before the comments are invited, so the processes under clause 14 of Schedule 5 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 2Fast-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.