Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill

  • enacted

Hon Amy Adams

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill

Government Bill

321—3

As reported from the committee of the whole House

Contents

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

Subpart 1Outline, definitions, and application

3 Outline of Act

4 Interpretation

5 Successors

6 Meaning of effect

7 Meaning of marine management regime

8 Act binds the Crown

9 Application to ships and aircraft of New Zealand Defence Force and foreign States

Subpart 2Purpose and principles

10 Purpose

10 Purpose

11 International obligations

11 International obligations

14 Treaty of Waitangi

Subpart 4Functions, duties, and powers

Functions, duties, and powers

21 Functions of Environmental Protection Authority

22 Restriction on ministerial direction to Environmental Protection Authority

23 Powers of Environmental Protection Authority

24 Restriction on Environmental Protection Authority's power to delegate

25 Environmental Protection Authority to keep records

Māori Advisory Committee

26 Function of Māori Advisory Committee

Power of Minister of Conservation

26A Power of Minister of Conservation to declare threatened species

Part 1A
Duties and restrictions

15 Restrictions on activities in exclusive economic zone and in or on continental shelf

Existing activities and planned petroleum activities

17 Certain existing activities may continue

17A Planned petroleum activities may commence and continue

18 Certain existing activities that become prohibited may continue

Unauthorised activities

18A Unauthorised activities must stop

General matters

19 Duty of persons operating in exclusive economic zone or on continental shelf

20 Relationship with other legal requirements

Part 2
Requirements and consents

Subpart 1Regulations

Regulation of activities and environment of exclusive economic zone and continental shelf

27 Regulations prescribing standards, methods, or requirements

28 Regulations classifying areas of exclusive economic zone or continental shelf

29 Regulations classifying activities

Regulations generally

30 Regulations

Provisions applying to all regulations

31 Application of regulations

32 Process for developing or amending regulations

33 Matters to be considered for regulations

33A Information principles

Types of activity

36 Permitted activities

37 Discretionary activities

38 Prohibited activities

Subpart 2Marine consents

Application for marine consent

39 Application for marine consent

40 Impact assessment

41 Obligation to deal with application promptly

42 Environmental Protection Authority may return incomplete application

43 Request for further information

44 Response to request

45 Environmental Protection Authority may obtain advice

46 Public notice of consent applications

Submissions

47 Making of submissions

48 Time limit for submissions

49 Advice of submissions to applicant

50 Meetings and mediation to resolve matters before decision

Hearings

51 Obligation to hold hearing

52 Hearing date and notice

52A Time limit for hearing

53 Hearings to be public and without unnecessary formality

54 Persons who may be heard at hearings

55 Provisions relating to hearings

56 Control of hearings

57 Directions to provide evidence within time limits

58 Directions before or at hearings

Decisions

59 Environmental Protection Authority’s consideration of application

60 Matters to be considered in deciding extent of adverse effects on existing interests

60A Information principles

61 Decisions on applications for marine consents

62 Conditions of marine consents

62A Adaptive management approach

63 Bonds

64 Monitoring conditions

65 Observers

66 Time limits for Environmental Protection Authority's decision

67 Decision of Environmental Protection Authority to be in writing

68 Notification of Environmental Protection Authority's decision

69 When marine consent commences

Nature of consent

70 Consents neither real nor personal property

Duration of marine consent

71 Duration of marine consent

72 Exercise of marine consent while applying for new consent

Transfer of marine consents

73 Transfer of consents

Review of duration and conditions of marine consent

74 Environmental Protection Authority may review duration and conditions

75 Contents of notice of review

76 Notice of review to consent holder and public notice

77 Further information, advice, submissions, and hearing

78 Matters to be considered in review

79 Decisions on review of consent conditions

80 Decision on review of duration of consent

81 Process for minor changes to consent conditions

82 Minor corrections of marine consents

Cancellation of marine consents

83 Lapsing of consent if not exercised

84 Cancellation of consent if not exercised

85 Change or cancellation of consent conditions on application by consent holder

Subpart 3Marine consents for cross-boundary activities

86 Interpretation

87 Application of this subpart

EPA may decide whether joint or separate applications for consent required

88 Application for consent for cross-boundary activity

89 Joint application for consent for cross-boundary activity

90 Separate applications for consents for cross-boundary activity

91 Environmental Protection Authority may require joint application

92 Decision to separate joint application for consent

Processing of joint application

93 Application of sections 94 and 95

94 Environmental Protection Authority to administer process

95 Relevant consent authority and EPA to share information

96 Separate decisions on marine consent and resource consent applications

Nationally significant cross-boundary activities

97 Application for consent for nationally significant cross-boundary activity referred to board of inquiry

98 EPA must provide board of inquiry with necessary information

Part 3
Objections, appeals, and enforcement

Subpart 1Objections and appeals

Objections

99 Right of objection to Environmental Protection Authority against certain decisions

100 Procedure for making or hearing objection

101 Decision on objection

102 Appeals against decisions on objections

Appeal to High Court on question of law

103 Appeals on question of law

104 Notice of appeal

105 Right to appear and be heard on appeal

106 Parties to appeal

107 Representation at proceedings

108 Dismissal of appeal

109 Date of hearing

110 Application of High Court Rules

Appeal to Court of Appeal

111 Appeal to Court of Appeal

Subpart 2Enforcement

112 Proceedings to be heard by Environment Judge

Enforcement order

113 Enforcement order

114 Application for enforcement order

115 Notice of application for enforcement order

116 Right to be heard

117 Decision on application for enforcement order

118 Interim enforcement order

119 Application to change or cancel interim enforcement order

120 Compliance with enforcement order

121 Change or cancellation of enforcement order

122 Restriction on certain applications for enforcement orders

Abatement notices

122A Abatement notices

122B Compliance with abatement notice

122C Form and content of abatement notice

122D Cancellation of abatement notice

122E Appeals

122F Restrictions on certain abatement notices

123 Proceedings in Environment Court

Offences and penalties

124 Offences

125 Penalties

126 Strict liability and defences

127 Liability of principal for acts of agents

127A Commencement of offence proceedings

128 Limitation period

Appointment and powers of enforcement officers

129 Enforcement officers

130 Exercise of powers

131 Power to require certain information

132 Power of entry for inspection

Part 4
Miscellaneous, transitional provisions, and consequential amendments

Subpart 1Miscellaneous

Protection of the Crown and others

133 Protection of the Crown and others

Cost recovery

134 Principles of cost recovery

135 Methods of cost recovery

136 Cost recovery to relate generally to financial year

137 Charges to be prescribed by regulations

138 Charges constitute debt due to Environmental Protection Authority

Service of documents

139 Service of documents

140 Service on master or owner of ship

Incorporation by reference

141 Incorporation by reference of written material in regulations

142 Effect of amendments to, or replacement of, material incorporated by reference in regulations

143 Proof of material incorporated by reference

144 Effect of expiry of material incorporated by reference

145 Access to material incorporated by reference

145A Application of Standards Act 1988 not affected

145B Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference

145C Application of Regulations (Disallowance) Act 1989

Protection of sensitive information

146 Protection of sensitive information

Waivers and extension of time limits

147 Power of waiver and extension of time limits

148 Requirements for waivers and extensions

Subpart 2Transitional provisions

Existing activities

149A Existing petroleum activities that become discretionary

149A Existing petroleum activities that become discretionary

16 Existing mining activities that become discretionary

149B Existing petroleum mining activities involving structures or pipelines

150 Other existing activities that become discretionary

151 Existing activities that become prohibited

Mineral prospecting and exploration under Continental Shelf Act 1964

151AA Mineral prospecting and exploration may commence and continue

Planned petroleum activities

151A Planned petroleum activities that become discretionary

Unauthorised activities

151B Unauthorised activities must stop

Subpart 3Amendments to other Acts

Consequential amendments to Biosecurity Act 1993

151C Biosecurity Act 1993 amended

151D Relationship with other enactments

151E Section 7A replaced (Relationship with Resource Management Act 1991)

Amendment to Continental Shelf Act 1964

152 Amendment to Continental Shelf Act 1964

Amendments to Crown Organisations (Criminal Liability) Act 2002

153 Amendments to Crown Organisations (Criminal Liability) Act 2002

Amendment to Environment Act 1986

154 Amendment to Environment Act 1986

Amendment to Environmental Protection Authority Act 2011

155 Amendment to Environmental Protection Authority Act 2011

Amendment to Fisheries Act 1996

156 Amendment to Fisheries Act 1996

Amendments to Resource Management Act 1991

157 Amendments to Resource Management Act 1991

Amendment to Search and Surveillance Act 2012

158 Amendment to Search and Surveillance Act 2012

Schedule
General provisions relating to inspection powers

Legislative history


The Parliament of New Zealand enacts as follows: