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

Subpart 2D—Decisions

Subpart 2D heading: inserted, on 1 June 2017, by section 228 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Decisions[Repealed]

Heading: repealed, on 1 June 2017, by section 228 of the Resource Legislation Amendment Act 2017 (2017 No 15).

59 Marine consent authority’s consideration of application

(1)

This section and sections 60 and 61 apply when a marine consent authority is considering an application for a marine consent and submissions on the application.

(2)

If the application relates to a section 20 activity (other than an activity referred to in section 20(2)(ba)), a marine consent authority must take into account—

(a)

any effects on the environment or existing interests of allowing the activity, including—

(i)

cumulative effects; and

(ii)

effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and

(b)

the effects on the environment or existing interests of other activities undertaken in the area covered by the application or in its vicinity, including—

(i)

the effects of activities that are not regulated under this Act; and

(ii)

effects that may occur in New Zealand or in the waters above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and

(c)

the effects on human health that may arise from effects on the environment; and

(d)

the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes; and

(e)

the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species; and

(f)

the economic benefit to New Zealand of allowing the application; and

(g)

the efficient use and development of natural resources; and

(h)

the nature and effect of other marine management regimes; and

(i)

best practice in relation to an industry or activity; and

(j)

the extent to which imposing conditions under section 63 might avoid, remedy, or mitigate the adverse effects of the activity; and

(k)

relevant regulations (other than EEZ policy statements); and

(l)

any other applicable law (other than EEZ policy statements); and

(m)

any other matter the marine consent authority considers relevant and reasonably necessary to determine the application.

(2A)

If the application is for a marine discharge consent, the EPA must take into account—

(a)

the matters described in subsection (2), except paragraph (c); and

(b)

the effects on human health of the discharge of harmful substances if consent is granted.

(2B)

If the application is for a marine dumping consent or relates to an activity referred to in section 20(2)(ba), the EPA must take into account—

(a)

the matters described in subsection (2), except paragraphs (c), (f), (g), and (i); and

(b)

the effects on human health of the dumping of waste or other matter, or the abandonment of the pipeline, if consent is granted; and

(c)

any alternative methods of disposal of the waste, other matter, or pipeline that could be used; and

(d)

whether there are practical opportunities to reuse, recycle, or treat the waste, other matter, or pipeline.

(3)

The marine consent authority must have regard to—

(aa)

EEZ policy statements; and

(a)

any submissions made and evidence given in relation to the application; and

(b)

any advice, reports, or information sought under this Part and received in relation to the application; and

(c)

any advice received from the Māori Advisory Committee.

(4)

When considering an application affected by section 74, the marine consent authority must also have regard to the value of the investment in the activity of the existing consent holder.

(5)

Despite subsection (3), the marine consent authority must not have regard to—

(a)

trade competition or the effects of trade competition; or

(b)

the effects on climate change of discharging greenhouse gases into the air; or

(c)

any effects on a person’s existing interest if the person has given written approval to the proposed activity.

(6)

Subsection (5)(c) does not apply if the person has given written approval but the person withdraws the approval by giving written notice to the marine consent authority

(a)

before the date of the hearing, if there is one; or

(b)

if there is no hearing, before the marine consent authority decides the application.

Section 59 heading: amended, on 1 June 2017, by section 229(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(1): amended, on 1 June 2017, by section 229(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2): amended, on 1 June 2017, by section 229(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2)(k): amended, on 1 June 2017, by section 229(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2)(l): amended, on 1 June 2017, by section 229(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2)(m): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2A): inserted, on 1 June 2017, by section 229(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(2B): inserted, on 1 June 2017, by section 229(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(3): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(3)(aa): inserted, on 1 June 2017, by section 229(8) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(3)(b): replaced, on 1 June 2017, by section 229(9) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(4): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(5): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(6): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 59(6)(b): amended, on 1 June 2017, by section 229(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).