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Offshore Renewable Energy Bill

Amendments to other Acts - Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

175: New sections 38A to 38C inserted

You could also call this:

"Rules for offshore renewable energy permits and consents"

Illustration for Offshore Renewable Energy Bill

If you want to do certain activities in the ocean related to offshore renewable energy, you will need a special permit. You must have a current feasibility or commercial permit under the Offshore Renewable Energy Act 2024 to apply for a marine consent. The permit must be for the area where you want to do the activities.

You need to provide details of your permit when you apply for a marine consent. If you do not, the consent authority can say your application is incomplete. You can find more information about this in sections 12 and 144 of the Offshore Renewable Energy Act 2024.

If you have a marine consent and your commercial permit expires or is revoked, your consent will be automatically cancelled. This is because you need a commercial permit to do offshore renewable energy activities.

If you want to decommission offshore renewable energy infrastructure, you need to include a decommissioning plan with your application. You must follow this plan when you do the activity. You can find more information about decommissioning plans in sections 100E to 100H.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992375.

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Part 5Amendments to other Acts
Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

175New sections 38A to 38C inserted

  1. After section 38, insert:

    38AApplicants for marine consents related to ORE generation infrastructure activities must hold permit under Offshore Renewable Energy Act 2024

    1. This section applies to an applicant for a marine consent for any ORE generation infrastructure activities (excluding decommissioning activities) within the meaning of the Offshore Renewable Energy Act 2024.

    2. The applicant must be the permit holder of a current feasibility permit or commercial permit granted under the Offshore Renewable Energy Act 2024 that applies to the area to which the consent applies, and the details of the feasibility or commercial permit must be provided in the application.

    3. A consent authority may, at any time, determine that the application is incomplete if the applicant does not comply with subsection (2).

      Guidance note

      See also sections 12 and 144 of the Offshore Renewable Energy Act 2024, which prohibit a person from giving effect to a marine consent by undertaking ORE generation infrastructure activities unless the person is a holder of a commercial permit under that Act.

    38BMarine consents related to ORE generation infrastructure activities cancelled if commercial permit under Offshore Renewable Energy Act 2024 expires or is revoked or surrendered in full

    1. This section applies to a marine consent for any ORE generation infrastructure activities (excluding decommissioning activities) within the meaning of the Offshore Renewable Energy Act 2024.

    2. The consent is automatically cancelled if and when the holder of the consent ceases to be the permit holder of a current commercial permit granted under the Offshore Renewable Energy Act 2024 that relates to the area subject to the consent by reason of the expiry or revocation or surrender in full of the commercial permit.

    38CApplication for decommissioning of offshore renewable energy infrastructure

    1. If an application for a marine consent relates to an activity to decommission ORE infrastructure within the meaning of that term in the Offshore Renewable Energy Act 2024,—

    2. the application must include an accepted decommissioning plan that covers the activity for the purposes of this Act; and
      1. the proposed carrying out of the activity must be in accordance with that plan.

        1. See sections 100E to 100H (which relate to assessment, acceptance, and amendment of the decommissioning plan).