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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Feasibility permits

19: Mandatory considerations for granting application for feasibility permits

You could also call this:

"What the Minister must think about before saying yes to a feasibility permit application"

Illustration for Offshore Renewable Energy Bill

When you apply for a feasibility permit, the Minister will consider your application. The Minister needs to be satisfied that your proposed development will benefit New Zealand. Your development plan must align with the purpose of the permit and the Act.

The Minister also needs to think about whether you have the technical and financial ability to install and maintain the infrastructure. You must be likely to follow the rules under the Act and regulations. The Minister will look at your past record of following rules and your relationship with Māori groups.

The Minister will consider how granting the permit might affect Māori groups and Treaty settlements. You need to show that you can identify and work with people who have existing rights and interests in the area. The Minister will also think about any submissions made about your application and other considerations set out in the regulations.

Before making a decision, the Minister must consider whether you or the permit could pose a risk to national security or public order. The Minister needs to think about whether this risk can be managed. You can find more information about consulting with Māori groups in section 14.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992148.

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18: Determining applications for feasibility permits, or

"The Minister decides who gets a permit to test if an offshore renewable energy project is feasible."

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20: Position if 2 or more competing applications, or

"What happens if multiple people want to use the same area for offshore renewable energy?"

Part 2Regime for offshore renewable energy permits and infrastructure protection
Feasibility permits

19Mandatory considerations for granting application for feasibility permits

  1. The Minister may grant an application for a feasibility permit if the Minister is satisfied that—

    Development requirements

  2. the proposed development is likely to deliver benefits for New Zealand; and
    1. the proposed development plan is consistent with the purpose of the proposed permit, the purpose of this Act, and good industry practice in respect of the proposed ORE generation activities and ORE feasibility activities; and

        1. Permit holder suitability requirements

      1. the applicant has, or is likely to have, the technical and financial capability to install, operate, maintain, and decommission the proposed ORE generation infrastructure; and
        1. the applicant is highly likely to comply, on an ongoing basis, with the requirements under this Act and the regulations.

          1. In determining an application, the Minister must have regard to the following additional considerations:

          2. the compliance record (including the environmental track record) in New Zealand and internationally of the applicant and of any related parties (within the meaning of that term specified in the regulations); and
            1. the applicant’s consultation with the persons referred to in section 14 (which relates to consultation with Māori groups); and
              1. the impact of granting the permit on Treaty settlements, protected customary rights areas, and any other Māori groups with relevant interests; and
                1. the applicant’s approach to—
                  1. identifying and engaging with the holders of existing rights and interests in the proposed permit area, to the extent that they are reasonably able to do so; and
                    1. identifying and addressing existing rights and interests in the proposed permit area, to the extent that they are reasonably able to do so; and
                    2. any submissions made in relation to the application; and
                      1. any other considerations that are prescribed by the regulations or specified in the terms of the application round.

                        1. Before granting an application for a feasibility permit, the Minister must also have regard to whether the applicant poses, or granting the permit could pose, any significant risk to national security or public order and whether that risk can be adequately avoided, mitigated, or managed.