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Offshore Renewable Energy Bill

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

20: Position if 2 or more competing applications

You could also call this:

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

Illustration for Offshore Renewable Energy Bill

If there are two or more applications for the same area, the Minister will decide what to do. The Minister can ask some or all of the applicants to change their application so they are not competing for the same area, as long as they follow the rules set out in section 16(a). The Minister can also choose which applications are the best and grant permits to those applicants.

The Minister will decide which applications are the best based on the rules for that round of applications. They will look at how well each application meets the requirements and any priorities that have been set. The Minister can also reject one or more of the applications if they do not meet the requirements.

The Minister must make their decision in the way and within the time frame set out in the application round rules. If an applicant has changed their application, the Minister will consider the new application, following the rules set out in section 18, with any necessary changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992149.

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19: Mandatory considerations for granting application for feasibility permits, or

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

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21: What feasibility permits must specify, or

"What information must be included in a feasibility permit for offshore renewable energy"

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

20Position if 2 or more competing applications

  1. This section applies if there are 2 or more applications in an application round in respect of which the Minister may grant a feasibility permit but they cannot both or all be granted (for example, because the proposed permit areas overlap) (competing applications).

  2. The Minister may do all or any of the following in respect of the competing applications:

  3. if they relate to the same permit area, invite all or any of the applicants to revise their application to the extent needed to resolve the competition for the same permit area (subject to section 16(a)):
    1. grant 1 or more permits on the basis of which applications have the most merit, and which applicants are most suitable to hold a permit, determined in accordance with—
      1. the considerations that are set out in the terms of the application round; and
        1. any ranking, priorities, and weightings of those considerations that may be set out in the terms of the application round:
        2. reject 1 or more applications.

          1. The Minister must determine competing applications in the manner, and within any time frames, specified in the terms of the application round.

          2. Section 18 applies to revised applications, with any necessary modifications.