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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

40: Application to extend duration of commercial permit

You could also call this:

"Asking to extend the time limit on your offshore renewable energy commercial permit"

Illustration for Offshore Renewable Energy Bill

If you have a commercial permit, you can ask the Minister to extend how long it lasts. You must ask at least 5 years before the permit ends, but check out section 59 for more information. You need to say how long you want the permit to last, which can be up to 40 more years, and when you want it to end.

You also need to update your development plan and explain how you think certain rules apply to you. The Minister can say yes to your request, in whole or in part, if they think one or more of the following apply: the project will keep going after the permit ends and will still be good for New Zealand, or you need more time because of something outside your control, or there's a special reason in the regulations.

The Minister must also believe you still meet the requirements in section 29(1). They look at whether you and your project still qualify, and then they make a decision about your request. You will find out if the Minister says yes or no to your request to extend your commercial 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=LMS992176.

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39: Application to extend duration of feasibility permit, or

"Asking to extend the time limit on a feasibility permit for an offshore renewable energy project"

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41: Application to amend permit conditions, or

"Asking to Change the Rules of Your Offshore Energy Permit"

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

40Application to extend duration of commercial permit

  1. A permit holder may apply to the Minister to extend the duration of a commercial permit.

  2. The application must—

  3. be made at least 5 years before the permit ceases to be current (but see section 59); and
    1. specify the proposed extension period (which must not exceed 40 years) and the proposed new end date; and
      1. include a revised development plan; and
        1. set out how the permit holder considers that subsection (3)(b) applies.

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

          2. the Minister is satisfied that 1 or more of the following apply:
            1. the operational life of the ORE infrastructure is likely to extend beyond the permit end date and the development is likely to continue to deliver benefits for New Zealand beyond the permit end date:
              1. due to events outside of the permit holder’s control, the extension is necessary to enable the permit holder to comply with their decommissioning obligation:
                1. a circumstance prescribed by the regulations; and
                2. the Minister has no cause to believe that the permit holder or the development no longer meets the requirements in section 29(1).