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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Draft decisions on approvals

70: Panel seeks comment on draft conditions before granting approval

You could also call this:

"People get to comment on rules before they are approved by a panel."

Illustration for Fast-track Approvals Act 2024

When a panel is thinking about giving approval under section 81, they must ask the EPA to send a copy of the draft conditions to certain people. You are one of these people if you asked for the approval. The EPA must also send the draft conditions to people who commented earlier under section 35 or 53, and to local authorities who will check that the conditions are met.

The EPA must invite these people to comment on the draft conditions and tell them the date by which they must receive the comments. The EPA must also send a copy of the panel's draft decision document for each approval. If the EPA thinks there is a good reason to keep some information secret, they can do so, following the Official Information Act 1982.

The EPA must send electronic copies of all comments they receive to the panel, the person who asked for the approval, and the people who commented earlier under section 35 or 53. If you asked for the approval, you can respond to the comments you receive, but you must do so within 5 working days of the date the EPA specified for receiving comments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS985134.

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Part 2Fast-track approvals process
Panel consideration of substantive application: Draft decisions on approvals

70Panel seeks comment on draft conditions before granting approval

  1. Before a panel decides to grant an approval under section 81, the panel must direct the EPA to provide a copy of its draft conditions to the following, inviting comments on the draft conditions:

  2. the applicant; and
    1. every person or group that provided comments under section 35 or 53; and
      1. any local authority or other body with a statutory responsibility to enforce or monitor compliance with the conditions.

        1. In providing the draft conditions and invitation to comment under subsection (1), the EPA—

        2. must include the date set by the panel by which comments on the draft conditions must be received by the EPA; and
          1. must include a copy of the panel's draft decision document for each approval; and
            1. may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 if the information were requested under that Act.

              1. The EPA must provide electronic copies of comments received under subsection (1) to—

              2. the panel; and
                1. the applicant; and
                  1. every person or group that provided comments under section 35 or 53.

                    1. The applicant may provide the EPA with a response to the comments not later than 5 working days after the date specified under subsection (2)(a).

                    Compare
                    • 2020 No 35 Schedule 6 cl 36