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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Protection of infrastructure

64: Eligibility criteria for applications for safety zones for ORE developments

You could also call this:

"Who can apply for a safety zone around an offshore renewable energy site?"

Illustration for Offshore Renewable Energy Bill

If you want to apply for a safety zone for an offshore renewable energy development, you must meet certain criteria. You can apply if you hold a permit, or if you build, own, or operate a part of the development called an ORE substation. You will need to have talked to Maritime New Zealand and people who might be affected by the safety zone before you apply.

You must include a record of these conversations and a statement explaining how they informed your application. You can apply for a safety zone when you apply for a commercial permit or after that. If you build, own, or operate an ORE substation, you can apply for a safety zone at any time.

When applying, you need to consider people who might be affected by the safety zone, including those with interests in the area, like fishing or navigation rights. This also includes local authorities, iwi authorities, and groups with protected customary rights. You should think about who might be impacted and talk to them before you apply.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992211.

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63: Minister may declare safety zones, or

"The Minister can create a safety area around offshore energy equipment to keep people safe"

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65A: Timing of safety zone declaration, or

"When you can create a safety zone around offshore energy equipment"

Part 2Regime for offshore renewable energy permits and infrastructure protection
Protection of infrastructure

64Eligibility criteria for applications for safety zones for ORE developments

  1. A permit holder, or a person who builds, owns, or operates an ORE substation, may apply to the Minister for an area to be declared a safety zone if they have consulted Maritime New Zealand and any persons, or representatives of persons, who may be affected by the proposed safety zone.

  2. The applicant must include in their application a record of the consultation and a statement explaining how it has informed the application.

  3. A permit holder may apply for a safety zone at the time that they apply for a commercial permit in respect of the ORE development to which the application relates or after that date.

  4. A person who builds, owns, or operates an ORE substation may make an application for a safety zone in respect of the ORE substation at any time.

  5. For the purposes of this section and section 67, persons who may be affected in relation to a proposed safety zone include, but are not limited to, the following:

  6. persons with an interest in a lawfully established existing activity, in relation to the area, whether or not authorised under any legislation, including rights of access, navigation, and fishing; and
    1. persons who hold a current marine consent or resource consent, or another relevant permit or consent, in relation to the area; and
      1. relevant local authorities; and
        1. any relevant iwi authorities, hapū, and Treaty settlement entities, including—
          1. iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements; and
            1. the tangata whenua of any area within the permit area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996; and
            2. any relevant protected customary rights groups, customary marine title groups, and applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011; and
              1. ngā hapū o Ngāti Porou, if the proposed safety zone is within or adjacent to, or would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou.