Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  • This version includes corrections to section 113G under section 25(1)(j)(iv) of the Legislation Act 2012.

Reprint as at 1 June 2017

Coat of Arms of New Zealand

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Public Act
 
2012 No 72
Date of assent
 
3 September 2012
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

Contents

1Title
2Commencement
3Outline of Act
4Interpretation
5Successors
6Meaning of effect
7Meaning of marine management regime
7AMeaning of public notice
7BTransitional, savings, and related provisions
8Act binds the Crown
9Application to ships and aircraft of New Zealand Defence Force and foreign States
10Purpose
11International obligations
12Treaty of Waitangi
13Functions of Environmental Protection Authority
14Restriction on ministerial direction to Environmental Protection Authority
15Powers of Environmental Protection Authority
16Restriction on Environmental Protection Authority’s power to delegate
17Environmental Protection Authority to keep records
18Function of Māori Advisory Committee
19Power of Minister of Conservation to declare threatened species
20Restriction on activities other than discharges and dumping
20ARegulation under this subpart and Maritime Transport Act 1994 of discharges
20BRestriction on discharges of harmful substances from structures and submarine pipelines
20CRestriction on mining discharges from ships
20DRegulation under this subpart and Maritime Transport Act 1994 of dumping
20EProhibition on dumping radioactive waste or other radioactive matter
20FProhibition on dumping toxic or hazardous waste
20GRestriction on dumping waste or other matter
20HEmergency dumping
20IProhibition on incinerating waste or other matter at sea
20JBurial at sea
21Certain existing activities may continue
22Planned petroleum activities may commence
23Certain existing activities that become prohibited may continue
24Unauthorised activities must stop
25Duty of persons operating in exclusive economic zone or on continental shelf
26Relationship with other legal requirements
[Repealed]
27Regulations prescribing standards, methods, or requirements
28Regulations classifying areas of exclusive economic zone or continental shelf
29Regulations classifying activities
29ARegulations for discharges and dumping
29BRegulations for emergency dumping
29CRegulations implementing international obligations
29DNon-notified activities
29EDecommissioning plans
30Regulations
31Application of regulations
32Process for developing or amending regulations
33Matters to be considered for regulations under section 27
34Information principles
34AMatters to be considered for regulations relating to discharges and dumping
[Repealed]
35Permitted activities
36Discretionary activities
37Prohibited activities
37APurpose and scope of EEZ policy statements
37BNotification of, and consultation on, proposed EEZ policy statement
37CMatters to be considered by Minister when determining whether to issue EEZ policy statement
37DRevision, withdrawal, and approval of proposed EEZ policy statements
37EChanges to, or review or revocation of, EEZ policy statements
37FIncorporation of material by reference in EEZ policy statements
37GEEZ policy statement is disallowable instrument
[Repealed]
38Application for marine consent
39Impact assessment
40Environmental Protection Authority must determine if application complete
41Environmental Protection Authority may commission independent review of impact assessment
42Environmental Protection Authority may ask applicant to complete incomplete application
42AJoint processing and decision making on related applications [Repealed]
43Environmental Protection Authority must return incomplete application
44Joint processing and decision making on related applications
[Repealed]
44ACopy of consent applications for non-notified activities [Repealed]
44BHearings in respect of consent applications for non-notified applications [Repealed]
[Repealed]
44CApplication of sections 45 to 58 [Repealed]
45Copy of application for non-notified activity
[Repealed]
46Copy of application for publicly notified activity
47Making of submissions
48Time limit for submissions
49Advising applicants of submissions
50Hearings in respect of applications for non-notified activities
51Hearings in respect of applications for publicly notifiable activities other than section 20 activities
52Minister must appoint boards of inquiry for applications for publicly notifiable section 20 activities
53Obligation to deal with application promptly
54Request for further information
55Response to request
56Marine consent authority may obtain advice or information
57Meetings and mediation to resolve matters before decision
58Directions before or at hearings [Repealed]
[Repealed]
59Marine consent authority’s consideration of application
60Matters to be considered in deciding extent of adverse effects on existing interests
61Information principles
62Decisions on applications for marine consents
63Conditions of marine consents
64Adaptive management approach
65Bonds
66Monitoring conditions
67Observers
68Time limits for Environmental Protection Authority’s decision
69Decision of marine consent authority to be in writing
70Notification of marine consent authority’s decision
71When marine consent commences
72Consents neither real nor personal property
73Duration of marine consent
74Exercise of marine consent while applying for new consent
75Transfer of consents
75AResidual powers of EPA
76Environmental Protection Authority may review duration and conditions
77Contents of notice of review
78Public notice of review
78ACopy of notice of review of non-notified activity
79Further information, advice, submissions, and hearing
80Matters to be considered in review
81Decisions on review of consent conditions
82Decision on review of duration of consent
83Process for minor changes to consent conditions
84Minor corrections of marine consents
85Lapsing of consent if not exercised
86Cancellation of consent if not exercised
87Change or cancellation of consent conditions on application by consent holder
[Repealed]
87AApplication [Repealed]
87BApplication for marine discharge consent or marine dumping consent [Repealed]
87CProcess before Environmental Protection Authority makes decision [Repealed]
87DEnvironmental Protection Authority’s consideration of application [Repealed]
87EInformation principles relating to discharges and dumping [Repealed]
87FDecision on application for marine discharge consent or marine dumping consent [Repealed]
87GConditions and decision-making process [Repealed]
87HDuration of marine discharge consents and marine dumping consents [Repealed]
87IExercise of consents, transfer, review, and minor changes [Repealed]
87JChange or cancellation of marine dumping consent or marine discharge consent on application by consent holder [Repealed]
88Interpretation
89Application of this subpart
90Application for consent for cross-boundary activity
91Joint application for consent for cross-boundary activity
92Separate applications for consents for cross-boundary activity
93Environmental Protection Authority may require joint application
94Joint processing must cease when application for resource consent referred to Environment Court
94AEnvironmental Protection Authority may decide to separate joint application
95Application of sections 96 and 97
96Environmental Protection Authority to administer process
97Relevant consent authority and EPA to share information
98Separate decisions on marine consent and resource consent applications
99Application for consent for nationally significant cross-boundary activity referred to board of inquiry
99AJoint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry
100EPA must provide board of inquiry with necessary information
100ASubmitting decommissioning plan for acceptance
100BAssessment and acceptance of decommissioning plan
100CAmendment of accepted decommissioning plan
100DRequirement for public consultation
101Right of objection to Environmental Protection Authority against certain decisions
102Procedure for making or hearing objection
103Decision on objection
104Appeals against decisions on objections
105Appeals on question of law
106Notice of appeal
107Right to appear and be heard on appeal
108Parties to appeal
109Representation at proceedings [Repealed]
110Dismissal of appeal
111Date of hearing
112Application of High Court Rules 2016
113Appeal to Court of Appeal
113AAppeals on question of law
113BNotice of appeal
113CRight to appear and be heard on appeal
113DParties to appeal
113EDismissal of appeal
113FDate of hearing
113GApplication of High Court Rules 2016
113HAppeal to Supreme Court
113IRepresentation at proceedings
114Proceedings to be heard by Environment Judge
115Enforcement order
116Application for enforcement order
117Notice of application for enforcement order
118Right to be heard
119Decision on application for enforcement order
120Interim enforcement order
121Application to change or cancel interim enforcement order
122Compliance with enforcement order
123Change or cancellation of enforcement order
124Restriction on certain applications for enforcement orders
125Abatement notices
126Compliance with abatement notice
127Form and content of abatement notice
128Cancellation of abatement notice
129Appeals
130Restrictions on certain abatement notices
131Proceedings in Environment Court
132Offences in relation to activities regulated under section 20
133Strict liability and defences
134Offences in relation to discharge of harmful substances
134ADefence
134BOffences in relation to dumping of radioactive waste or other radioactive matter
134COffences in relation to dumping of toxic or hazardous waste
134DOffences in relation to dumping and incineration of waste and other matter
134EDefence in relation to dumping of waste or other matter
134FOffence in relation to enforcement order, abatement notice, section 24, or section 167
134GOther offences
134HPenalties
134IAdditional penalties for discharge and dumping offences
134JPenalties for section 134G offences
134KCourt orders
134LAdditional penalty for offence involving commercial gain
134MApplication of fines for discharge and dumping offences
135Liability of principal for acts of agents
136Commencement of offence proceedings
136ACommencement of proceedings against natural person
137Limitation period
138Enforcement officers
139Exercise of powers
140Power to require certain information
141Power of entry for inspection
142Protection of the Crown and others
143Principles of cost recovery
144Methods of cost recovery
145Cost recovery to relate generally to financial year
146Charges to be prescribed by regulations
147Charges constitute debt due to Environmental Protection Authority
148Service of documents
149Service on master or owner of ship
150Incorporation by reference of written material in regulations
151Effect of amendments to, or replacement of, material incorporated by reference in regulations
152Proof of material incorporated by reference
153Effect of expiry of material incorporated by reference
154Access to material incorporated by reference
155Application of Standards and Accreditation Act 2015 not affected
156Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
157Application of Regulations (Disallowance) Act 1989
158Protection of sensitive information
158AEPA and Maritime New Zealand to share information
158BEPA may provide information to other regulatory agencies for purposes of this Act
158BAEPA and WorkSafe to share information
159Power of waiver and extension of time limits
160Requirements for waivers and extensions
161Existing petroleum activities that become discretionary
162Existing petroleum mining activities involving structures or pipelines
163Other existing activities that become discretionary
164Existing activities that become prohibited
164ADumping permits issued under Maritime Transport Act 1994
164BProvisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents
164CCompletion of certain matters pending at commencement of sections 164A and 164B
165Mineral prospecting and exploration may commence and continue
166Planned petroleum activities that become discretionary
167Unauthorised activities must stop
167ATransitional and savings provision relating to regulations
168Biosecurity Act 1993 amended
169Relationship with other enactments
170Section 7A replaced (Relationship with Resource Management Act 1991)
7ARelationship with Resource Management Act 1991
7BRelationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7CPublic notice of decision to exempt action
7DRegulations may continue exemption
171Amendment to Continental Shelf Act 1964
172Amendments to Crown Organisations (Criminal Liability) Act 2002
173Amendment to Environment Act 1986
174Amendment to Environmental Protection Authority Act 2011
175Amendment to Fisheries Act 1996
176Amendments to Resource Management Act 1991
177Amendment to Search and Surveillance Act 2012
Reprint notes

The Parliament of New Zealand enacts as follows: