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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

37: Application for minor extension to permit area

You could also call this:

"Asking to make your offshore energy project area a bit bigger"

Illustration for Offshore Renewable Energy Bill

If you have a permit for offshore renewable energy, you can ask the Minister to extend the area of your permit a little bit. The Minister can say yes to your request if they think it is a small extension and they have checked some things. They need to make sure no one else has a permit for the same area and that they have talked to the right people as set out in section 38.

When the Minister decides if an extension is small, they look at things like whether it would change how much power you can make or the benefits for New Zealand. They also think about if the extension would affect any important agreements with Māori or other people's rights. You can only get an extension if the Minister thinks it is still a reasonable size for your project and if you need it to follow the rules.

The Minister also checks if someone else has applied for a permit in the same area or if you need the extension to do something that you are allowed to do. They think about all these things to decide if they should say yes to your request, and they can also think about other things that they consider important. If you have a feasibility permit, the Minister checks section 19(1), and if you have a commercial permit, they check section 29(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992173.

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36: Minister may vary permit, or

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

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38: Consultation requirements for minor extension to permit area and other decisions likely to significantly impact Māori groups, or

"The Minister must talk to Māori groups and others before making decisions that could affect them."

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

37Application for minor extension to permit area

  1. A permit holder may apply to the Minister for a minor extension to the permit area.

  2. The Minister may grant the application, in whole or in part, if—

  3. the Minister is satisfied that it is a minor extension, having regard to the matters set out in subsection (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
        1. the Minister has no cause to believe that the permit holder or the development no longer meets the requirements in section 19(1) (in the case of a feasibility permit) or section 29(1) (in the case of a commercial permit).

          1. The matters the Minister must have regard to when deciding whether a proposed extension is a minor extension are—

          2. whether the extension could materially alter—
            1. the amount of power that was proposed to be generated; or
              1. the benefits for New Zealand that were assessed under section 19(1)(a) (in the case of a feasibility permit) or section 29(2)(a) (in the case of a commercial permit); and
              2. whether the extension could impact any obligations arising under existing Treaty settlements; and
                1. whether the extension could adversely impact any other existing rights or interests; and
                  1. whether, given the extension, the permit area would continue to be a reasonable size for the development; and
                    1. whether the extension involves an area that is or has been the subject of a feasibility permit application by another person; and
                      1. whether the extension is necessary for the permit holder to undertake activities in accordance with a resource consent or marine consent; and
                        1. any other matters the Minister considers relevant.