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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Provisions relating to both feasibility permits and commercial permits - Permit variations

36: Minister may vary permit

You could also call this:

"The Minister can change a permit, like making it last longer or changing its conditions, after talking to people and getting consent."

Illustration for Offshore Renewable Energy Bill

The Minister can change a permit at any time. You can ask the Minister to change a permit, or the Minister can decide to change it. The Minister can make small changes to the area of the permit, make the permit last longer, or change the conditions of the permit.

If the Minister wants to change a permit without you asking, they need to get your written consent first. The Minister must also be sure the change fits with the purpose of the Offshore Renewable Energy Bill. For a small change to the permit area, the Minister must check it is minor, as described in section 37(3), and that no other permit is current for that area.

The Minister must also talk to people, as described in section 38, before making the change. There are limits to how long a permit can last if it is extended, depending on the type of permit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992170.


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37: Application for minor extension to permit area, or

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Part 2Regime for offshore renewable energy permits and infrastructure protection
Provisions relating to both feasibility permits and commercial permits: Permit variations

36Minister may vary permit

  1. The Minister may, at any time, vary a permit—

  2. on the initiative of the Minister in accordance with subsection (3); or
    1. on the application of the permit holder.
      1. A variation to a permit may do any 1 or more of the following:

      2. make a minor extension to the permit area:
        1. extend the duration of the permit:
          1. amend the conditions of the permit.
            1. The Minister may vary a permit on the Minister’s initiative only—

            2. with the prior written consent of the permit holder; and
              1. if the Minister is satisfied that the variation is consistent with the purpose of this Act; and
                1. in the case of a minor extension to a permit area, if—
                  1. the Minister is satisfied that it is a minor extension having regard to the matters set out in section 37(3); and
                    1. no other permit is current in respect of the extension area; and
                      1. the Minister has consulted in accordance with section 38; and
                      2. in the case of an extension to the duration of a feasibility permit, if the extension would not cause the total duration of the permit to exceed 14 years; and
                        1. in the case of an extension to the duration of a commercial permit, if each extension would not exceed 40 years.