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Offshore Renewable Energy Bill

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

29: Mandatory considerations for granting application for commercial permit

You could also call this:

"What the Minister must consider when deciding if you can get a permit for offshore renewable energy"

Illustration for Offshore Renewable Energy Bill

When you apply for a commercial permit for offshore renewable energy, the Minister looks at some important things. The Minister checks if your development plan is good and follows the purpose of the permit and the law. You need to show you can install, operate, and decommission the infrastructure.

The Minister also checks if you are ready to start the project and if you can comply with the rules. This includes decommissioning and financial security obligations, as well as other requirements under the law and regulations. You must have a good financial security arrangement in place, which complies with subpart 3 of Part 3.

The Minister considers other things too, like if you have complied with the rules and conditions of your feasibility permit. The Minister looks at your consultation with Māori groups, as mentioned in section 24, and the impact on Treaty settlements and Māori groups. The Minister also thinks about any risks to national security or public order and how to manage them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992159.

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28: Determining applications for commercial permits, or

"The Minister decides who gets a commercial permit and must follow rules when making this decision."

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30: What commercial permits must specify, or

"What details must be included in a commercial permit for offshore renewable energy?"

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

29Mandatory considerations for granting application for commercial permit

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

    Development requirements

  2. 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 infrastructure activities; and

      1. Permit holder suitability considerations

    1. the applicant has, or is highly likely to have, the technical and financial capability to install, operate, maintain, and decommission the proposed ORE generation infrastructure; and
      1. the applicant is ready, or will be ready within a reasonable time, to carry out the proposed development plan; and
        1. the applicant is highly likely to comply, on an ongoing basis, with—
          1. their decommissioning obligation and financial security obligation; and
            1. the other requirements under this Act and the regulations; and
            2. the applicant has, or will be able to, put in place an acceptable financial security arrangement that complies with subpart 3 of Part 3.

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

                Development requirements

              2. whether there are changes to the proposed development that are material to the benefits that were assessed as part of the applicant’s feasibility permit application; and

                  1. Permit holder suitability considerations

                1. whether the applicant has complied with the requirements under this Act and the regulations and the conditions of their feasibility permit; and

                    1. Other considerations

                  1. the applicant’s consultation with the persons referred to in section 24 (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. any other considerations that are prescribed by the regulations.

                        1. Before granting an application for a commercial 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.