(1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act.

(2) Subpart 1—

• (a) defines terms used in the Act; and

• (b) provides that the Act binds the Crown; and

• (c) provides for the application of the Act to the ships and aircraft of the New Zealand Defence Force and foreign States.

(3) Subpart 2—

• (a) sets out the purpose of the Act; and

• (b) provides that the Act continues or enables the implementation of New Zealand's international obligations relating to the marine environment; and

• (e) specifies how the Crown's responsibility to give effect to the principles of the Treaty of Waitangi is recognised and respected by provisions of the Act.

(5) Subpart 4 sets out the functions, duties, and powers of the Environmental Protection Authority and the Māori Advisory Committee, and regulates—

• (a) the Minister's power to direct the EPA in relation to certain powers, duties, or functions exercised or performed by the EPA; and

• (b) the EPA's power to delegate its decision-making function in relation to applications for marine consents to a committee or a board of inquiry hearing a resource consent application in relation to the same cross-boundary activity.

(5A) Part 1A sets out the duties and restrictions imposed by this Act, including,—

• (a) in section 15, restrictions on activities; and

• (b) in sections 17 and 18, ongoing transitional provision for activities that are being carried out when the regulations that apply to them are amended or replaced and a marine consent is required as a result. The activities may continue in specified circumstances; and

• (c) in section 17A, provision for petroleum activities that, although authorised, had not commenced when new regulations come into force that change the rules for those activities and a marine consent is required as a result. An activity may commence if the person planning to undertake the activity first provides an impact assessment to the EPA; and

• (d) in section 19, a duty on every person to avoid, remedy, or mitigate the adverse effects of their activities on the environment and a duty to provide sufficient training, supervision, and resources to their employees to ensure compliance with the Act; and

• (e) clarification in section 20 that compliance with the Act does not mean a person need not comply with other legal requirements and vice versa.

(6) Subpart 1 provides for the making of regulations—

• (a) prescribing standards for activities, the effects of activities, and the environment; and

• (b) classifying areas of the exclusive economic zone and continental shelf; and

• (c) classifying activities as permitted, discretionary, or prohibited; and

• (d) prescribing administrative requirements.

(7) Subpart 1 also provides for—

• (a) a process for developing regulations; and

• (b) matters that the Minister must take into account in developing regulations; and

• (c) information principles that apply to the Minister in developing regulations.

(8) Subpart 2 sets out the standard process for applying for a marine consent and matters that the EPA must consider in deciding whether to grant or refuse to grant a consent, and provides for the review of the conditions and duration of consents.

(9) Subpart 3 sets out the process for applying for consent for an activity that straddles the boundary between the territorial sea and the exclusive economic zone, including a cross-boundary activity that includes a matter of national significance.

(10) Subpart 1 provides for objections to the EPA and appeals to the High Court on a question of law.

(11) Subpart 2 provides for enforcement of the Act by providing for—

• (a) the Environment Court to issue enforcement orders under section 113; and

• (ab) enforcement officers to serve abatement notices under section 122A; and

• (b) offences and penalties under sections 124 and 125; and

• (c) the appointment of enforcement officers under section 129 and their powers.

(12) Subpart 1 deals with miscellaneous matters, including—

• (a) protection of the Crown and others from liability; and

• (b) cost recovery; and

• (c) service of documents; and

• (d) provision for the incorporation by reference into regulations of written material; and

• (e) protection of sensitive information; and

• (f) waivers and extension of time limits.

(13) Subpart 2 sets out transitional arrangements.

(14) Subpart 3 makes a number of amendments to other Acts.

(1) In this Act, unless the context otherwise requires,—

(2) The following terms have the same meanings as in section 2(1) of the Resource Management Act 1991:

• (a) biological diversity:

• (b) iwi authority:

• (c) region:

• (d) tikanga Māori.

(1) In this Act, unless the context otherwise requires, any reference to a person, however described or referred to (including applicant and consent holder), includes the successor of that person.

(2) For the purposes of this Act, where the person is a body of persons that is unincorporated, the successor includes a body of persons that is corporate and composed of substantially the same members.

(1) In this Act, unless the context otherwise requires, effect includes—

• (a) any positive or adverse effect; and

• (b) any temporary or permanent effect; and

• (c) any past, present, or future effect; and

• (d) any cumulative effect that arises over time or in combination with other effects; and

• (e) any potential effect of high probability; and

• (f) any potential effect of low probability that has a high potential impact.

(2) Subsection (1)(a) to (d) apply regardless of the scale, intensity, duration, or frequency of the effect.

(1) In this Act, unless the context otherwise requires, marine management regime includes the regulations, rules, and policies made and the functions, duties, and powers conferred under an Act that applies to any 1 or more of the following:

• (a) territorial sea:

• (b) exclusive economic zone:

• (c) continental shelf.

(2) The marine management regimes referred to in this section include those established under the following Acts:

• (a) Biosecurity Act 1993:

• (b) Continental Shelf Act 1964:

• (c) Crown Minerals Act 1991:

• (d) Defence Act 1990:

• (e) Fiordland (Te Moana o Atawhenua) Marine Management Act 2005:

• (f) Fisheries Act 1996:

• (g) Hauraki Gulf Marine Park Act 2000:

• (h) Marine and Coastal Area (Takutai Moana) Act 2011:

• (i) Marine Mammals Protection Act 1978:

• (j) Marine Reserves Act 1971:

• (k) Maritime Transport Act 1994:

• (l) Resource Management Act 1991:

• (m) Submarine Cables and Pipelines Protection Act 1996:

• (n) Wildlife Act 1953.

(1) This Act binds the Crown, except as provided in this section and section 9.

(2) This Act does not apply to any work or activity of the Crown that the Minister of Defence certifies is necessary for reasons of national security.

(3) An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

• (a) the instrument of the Crown is a Crown organisation; and

• (b) the order is made against the Crown organisation in its own name.

(4) Subsection (3) applies despite section 17(1)(a) of the Crown Proceedings Act 1950.

(5) An instrument of the Crown may be prosecuted for an offence against this Act only if—

• (a) the instrument of the Crown is a Crown organisation; and

• (b) the offence is alleged to have been committed by the Crown organisation; and

• (c) the proceedings are commenced—

  • (i) by the EPA or an enforcement officer; and

  • (ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

  • (iii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.

(6) However, subsection (5) is subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

(7) If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—

• (a) making an enforcement order against it; and

• (b) enforcing an enforcement order in relation to it.

(8) Except to the extent and in the manner provided for in subsections (5) (3) to (7), the Crown may not—

• (a) have an enforcement order made against it; or

• (b) be prosecuted for an offence against this Act.

(1) This Act does not apply to any of the following:

• (a) warships of the New Zealand Defence Force:

• (b) warships of any other State:

• (c) aircraft of the New Zealand Defence Force:

• (d) aircraft of the defence forces of any other State:

• (e) any ship owned or operated by any State other than New Zealand, if the ship is being used by the State for wholly governmental purposes:

• (f) the master and crew of any warship, aircraft, or ship referred to in paragraphs (a) to (e):

• (g) defence areas as defined in section 2 of the Defence Act 1990.

(2) In this section, a ship that is being used for commercial purposes, or both commercial and governmental purposes, is not being used for wholly governmental purposes.

(1) This Act seeks to achieve a balance between the protection of the environment and economic development in relation to activities in the exclusive economic zone and in or on the continental shelf by—

• (a) requiring decision-makers to take the matters in sections 33(3) and 59(3) into account in making decisions under sections 27, 30, and 61; and

• (b) requiring decision-makers to apply the information principles to the development of regulations and the consideration of applications for marine consent; and

• (c) requiring the adverse effects of activities on the environment to be avoided, remedied, or mitigated.

(2) In addition to the matters in subsection (1), this Act—

• (a) recognises that—

  • (i) some activities that are undertaken in the exclusive economic zone or in or on the continental shelf may have effects on the environment and on existing interests that are not addressed under other legislation; and

  • (ii) some activities are regulated under legislation in a way that incidentally avoids, remedies, or mitigates the adverse effects of those activities on the environment; and

• (b) regulates the activities described in paragraph (a)(i) and their effects on the environment and existing interests.

(1) The purpose of this Act is to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf.

(2) In this Act, sustainable management means managing the use, development, and protection of natural resources in a way, or at a rate, that enables people to provide for their economic well-being while—

• (a) sustaining the potential of natural resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

• (b) safeguarding the life-supporting capacity of the environment; and

• (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

(3) In order to achieve the purpose, decision-makers must—

• (a) take into account decision-making criteria specified in relation to particular decisions; and

• (b) apply the information principles to the development of regulations and the consideration of applications for marine consent.

This Act must be interpreted, under various international conventions relating to the marine environment including—

• (a) UNCLOS:

• (b) the Convention on Biological Diversity.

This Act continues or enables the implementation of New Zealand's obligations under various international conventions relating to the marine environment, including—

• (a) the United Nations Convention on the Law of the Sea 1982:

• (b) the Convention on Biological Diversity 1992.

In order to recognise and respect the Crown's responsibility to give effect to the principles of the Treaty of Waitangi for the purposes of this Act,—

• (a) section 26 (which relates to the function of the Māori Advisory Committee) provides for the Māori Advisory Committee to advise the Environmental Protection Authority so that decisions made under this Act may be informed by a Māori perspective; and

• (b) section 32 requires the Minister to establish and use a process that gives iwi adequate time and opportunity to comment on the subject matter of proposed regulations; and

• (c) sections 33 and 59, respectively, require the Minister and the EPA to take into account the effects of activities on existing interests; and

• (d) section 46 requires the Environmental Protection Authority to notify iwi authorities, customary marine title groups, and protected customary rights groups directly of consent applications that may affect them.

(1) The Environmental Protection Authority has the following functions:

• (a) to decide applications for marine consents:

• (b) to monitor compliance with this Act:

• (c) to enforce the requirements of this Act, and of regulations made and consents granted under it:

• (d) to approve forms for the purposes of—

  • (i) subparts 2 and 3 of Part 2, which deal with marine consents:

  • (ii) sections 99 to 101, which deal with objections:

  • (iii) sections 122A to 122D, which deal with abatement notices:

• (e) to promote public awareness of the requirements of this Act:

• (f) to perform any other function specified in this Act.

(2) However, the EPA may not approve a form for a purpose if a form has been prescribed by regulations for the same purpose.

The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of any power, duty, or function of the Environmental Protection Authority under section 21(a) and (c), and Parts 2 and 3.

The Environmental Protection Authority has all the powers that are reasonably necessary to enable it to carry out its functions under this Act.

Despite section 17 of the Environmental Protection Authority Act 2011, the Environmental Protection Authority must not delegate its power to decide an application for a marine consent or make a decision on a review of a consent under section 61, 79, or 80 (as appropriate), except to—

• (a) a committee appointed under clause 14 of Schedule 5 of the Crown Entities Act 2004; or

• (b) a board of inquiry as provided for in section 97(2).

(1) The Environmental Protection Authority must keep records and make available information—

• (a) that is relevant to the performance of its functions under this Act; and

• (b) in particular, to enable the public and persons undertaking or proposing to undertake activities in the exclusive economic zone or in or on the continental shelf to be better informed of their duties and of the functions, powers, and duties of the EPA and to participate effectively under this Act.

(2) In particular, the EPA must keep and make available—

• (a) copies of all material incorporated by reference into regulations; and

• (b) records of every—

  • (i) application for a marine consent:

  • (ii) decision made by the EPA on or related to an application for a consent:

  • (iii) change to the conditions of a consent:

  • (iv) cancellation of a consent:

  • (v) notice of review and decision on a review:

  • (vi) transfer of a marine consent:

  • (vii) objection and decision on an objection; and

• (f) a summary of all written complaints received in the preceding 5 years (or if the Act has been in force for less than 5 years then for the period that the Act has been in force) concerning alleged breaches of the Act, regulations, or the conditions of a marine consent, and information explaining how the EPA dealt with each complaint.

(3) In this section, make available means the information must be kept at the offices of the EPA and made available to members of the public on request and may be kept on an Internet site maintained by, or on behalf of, the EPA.

(4) Section 146 overrides this section.

The Māori Advisory Committee may provide advice to the Environmental Protection Authority in accordance with sections 19 and 20 of the Environmental Protection Authority Act 2011.

(1) The Minister of Conservation may, by notice in the Gazette, declare a marine species to be a threatened or an at-risk species.

(2) The Minister must not declare a marine species to be threatened or at-risk unless the species is classified as threatened or at-risk under the New Zealand Threat Classification System.

(3) In this section, New Zealand Threat Classification System means the system maintained by the Department of Conservation for assessing the risk of extinction of New Zealand species and classifying the species according to that risk.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe technical standards, methods, or requirements for—

• (a) activities that are carried out in the exclusive economic zone or in or on the continental shelf:

• (b) the effects of activities carried out in the exclusive economic zone or in or on the continental shelf, including effects that occur in the territorial sea or in the waters above and beyond the continental shelf:

• (c) assessing the state of the environment of the exclusive economic zone and the continental shelf.

(2) The regulations may include—

• (a) qualitative or quantitative standards:

• (b) methods for classifying a natural resource:

• (c) requirements in relation to methods, processes, or technology to implement standards:

• (d) transitional provisions, including provisions that—

  • (i) prescribe a period in relation to an activity for the purposes of section 17, 17A, or 18:

  • (ii) specify when and to what extent regulations apply to an application for a marine consent made before the regulations come into force:

  • (iii) provide for any other matters necessary for facilitating or ensuring an orderly transition when applicable regulations are amended or replaced.

(3) However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 to 33A have been met.

(1) Regulations made under section 27 may identify and provide for areas of the exclusive economic zone or the continental shelf that—

• (a) are important or especially vulnerable because of their biophysical characteristics; or

• (b) are important for specific uses; or

• (c) must be managed in co-ordination with other marine management regimes; or

• (d) are, or are likely to be, the subject of competition or conflict arising from the incompatibility of different activities; or

• (e) are experiencing, or likely to experience, cumulative adverse environmental effects.

(2) The regulations may close an area of the exclusive economic zone or the continental shelf to all or any activities described in section 15.

(1) Regulations made under section 27 may—

• (a) prohibit an activity; or

• (b) allow an activity without a marine consent or describe the activity as permitted; or

• (c) allow an activity with a marine consent or describe the activity as discretionary; or

• (d) require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a regulation; or

• (e) require a person undertaking a specified permitted activity to give specified information about the activity to the Environmental Protection Authority.

(2) If regulations provide for an activity to be a permitted activity, the regulations may specify terms and conditions that apply to the activity.

(3) If regulations provide for an activity to be a discretionary activity, the regulations may specify—

• (a) terms and conditions that apply to the activity (including conditions described in section 62):

• (b) the matters that must be addressed by terms and conditions imposed on the marine consent by the Environmental Protection Authority.

(4) The regulations must not provide for an activity to be a permitted activity if, in the Minister's opinion,—

• (a) the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and

• (b) it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

• (a) requiring the holder of a marine consent to gather information and keep records relating to the exercise of the consent and to supply information to the Environmental Protection Authority:

• (b) prescribing forms:

• (c) prescribing the amounts of charges payable or the method by which they are to be assessed or calculated, and the persons liable to pay the charges:

• (d) providing for any other matters contemplated by this Act and necessary for its administration or necessary for giving it full effect.

(2) However, the Minister must not recommend the making of regulations under subsection (1)(a) or (c) unless he or she is satisfied that the requirements of section 32 have been met.

(3) Nothing in subsection (2) or section 32 requires consultation in relation to specific charges, or the specific levels of charges, so long as the charges set are reasonably within the scope of any general consultation, and a failure to comply with subsection (2) does not affect the validity of any regulations made for the purposes of this Act.

(1) A regulation may apply to all or any part of the exclusive economic zone and the continental shelf and to any or all activities described in section 15 that are carried out in the exclusive economic zone or in or on the continental shelf.

(2) A regulation may apply to the effects of an activity even if the effects occur in the territorial sea or the waters beyond the exclusive economic zone.

(3) Different requirements or standards may apply in relation to different activities and different classes of the same activity.

(1) Before making a recommendation to the Governor-General under section 27 or 30(1)(a) or (c), the Minister must comply with subsection (2).

(2) The Minister must—

• (a) notify the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected of—

  • (i) the proposed subject matter of the regulations; and

  • (ii) in the case of regulations to which section 27 applies, the Minister's reasons for considering that the regulations are consistent with the purpose of the Act; and

• (b) establish a process that the Minister considers gives the public, iwi authorities, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed regulations.

(3) However, the Minister need not comply with subsection (2) if the Minister is recommending the making of an amendment to regulations that has no more than a minor effect or that corrects errors or makes minor technical changes.

(1) This section and section 33A apply when the Minister is developing regulations for the purposes of section 27.

(2) The Minister must have regard to any comments made under section 32(2).

(3) The Minister must take into account—

• (a) any effects on the environment or existing interests of allowing an activity with or without a marine consent, 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 exclusive economic zone or in or on the continental shelf, 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) New Zealand's international obligations; and

• (g) the economic benefit to New Zealand of an activity; and

• (h) the efficient use and development of natural resources; and

• (i) the nature and effect of other marine management regimes; and

• (j) best practice in relation to an industry or activity; and

• (k) in relation to whether an activity is classified as permitted or discretionary, the desirability of allowing the public to be heard in relation to the activity or type of activity; and

• (l) any other relevant matter.

(1) When developing regulations under section 27, the Minister must—

• (a) make full use of the information and other resources available to him or her; and

• (b) base decisions on the best available information; and

• (c) take into account any uncertainty or inadequacy in the information available.

(2) If, in relation to the making of a decision under this Act, the information available is uncertain or inadequate, the Minister must favour caution and environmental protection.

(3) If favouring caution and environmental protection means that an activity is likely to be prohibited, the Minister must first consider whether providing for an adaptive management approach would allow the activity to be classified as discretionary.

(4) In this section, best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time.

(1) An activity is a permitted activity if it is described in regulations as a permitted activity.

(2) A person may undertake a permitted activity without a marine consent provided that the activity complies with any terms and conditions specified for the activity in regulations.

(3) A person intending to undertake a permitted activity must notify the Environmental Protection Authority before undertaking the activity if required to do so by regulations made under this Act.

(1) An activity is a discretionary activity if regulations—

• (a) describe the activity as discretionary; or

• (b) allow the activity with a marine consent; or

• (c) do not classify the activity as permitted, discretionary, or prohibited.

(2) A person must have a marine consent before undertaking a discretionary activity.

(3) Subsection (2) is subject to section 17.

(1) An activity is a prohibited activity if it is described in regulations as a prohibited activity.

(2) No person may apply for a marine consent for a prohibited activity and a consent for a prohibited activity must not be granted.

(3) No person may undertake a prohibited activity.

(4) Subsection (3) is subject to sections 16 and 18 section 18.

(1) Any person may apply to the Environmental Protection Authority for a marine consent to undertake a discretionary activity.

(2) An application must—

• (a) be made in the prescribed form; and

• (b) fully describe the proposal; and

• (c) include an impact assessment prepared in accordance with section 40.

(1) An impact assessment must—

• (a) describe the activity for which consent is sought; and

• (b) describe the current state of the area where it is proposed that the activity will be undertaken and the environment surrounding the area; and

• (c) identify the effects of the activity on the environment and existing interests (including cumulative effects and effects that may occur in New Zealand or in the sea above or beyond the continental shelf beyond the outer limits of the exclusive economic zone; and

• (d) identify persons whose existing interests are likely to be adversely affected by the activity; and

• (e) describe any consultation undertaken with persons described in paragraph (d) and specify those who have given written approval to the activity; and

• (f) include copies of any written approvals to the activity; and

• (g) specify any possible alternative locations for, or methods for undertaking, the activity that may avoid, remedy, or mitigate any adverse effects; and

• (h) specify the measures that the applicant intends to take to avoid, remedy, or mitigate the adverse effects identified.

(2) An impact assessment must contain the information required by subsection (1) in—

• (a) such detail as corresponds to the scale and significance of the effects that the activity may have on the environment and existing interests; and

• (b) sufficient detail to enable the Environmental Protection Authority and persons whose existing interests are or may be affected to understand the nature of the activity and its effects on the environment and existing interests.

(3) The impact assessment complies with subsection (1)(c) and (d) if the Environmental Protection Authority is satisfied that the applicant has made a reasonable effort to identify the matters described in those paragraphs.

(4) The measures that must be specified under subsection (1)(h) include any measures required by another marine management regime and any measures required by or under the Health and Safety in Employment Act 1992 that may have the effect of avoiding, remedying, or mitigating the adverse effects of the activity on the environment or existing interests.

After receiving an application for a marine consent, the Environmental Protection Authority must deal with the application as promptly as is reasonable in the circumstances.

(1) If the Environmental Protection Authority decides that an application does not include an impact assessment that complies with section 40 or any information required by this Act, it may return the application to the applicant as incomplete.

(2) The EPA may seek advice under section 45 to assist it in determining whether an impact assessment complies with section 40.

(3) The EPA must return an incomplete application and give the applicant a written explanation for its finding that the application is incomplete within 10 working days after the application is received by the EPA.

(4) If, after the EPA returns an application as incomplete, the application is sent to the EPA again, the application is to be treated as a new application.

(5) The applicant may object under section 99 to a decision under subsection (1).

(1) The Environmental Protection Authority may request an applicant to provide further information relating to an application.

(2) A request may be made at any reasonable time before a hearing under section 51 or, if no hearing is to be held, before the EPA makes a decision on the application.

(3) A request must be in writing and set out the EPA's reasons for requesting further information.

(4) The EPA must provide a copy of the information provided by the applicant to every submitter as soon as practicable after the later of—

• (a) the day on which the EPA receives the information:

• (b) the date on which the submitter makes a submission.

(1) An applicant who receives a request under section 43(1) must, within 5 working days after the date of the request,—

• (a) provide the information; or

• (b) write to the Environmental Protection Authority telling it that the applicant agrees to provide the information; or

• (c) write to the EPA telling it that the applicant refuses to provide the information.

(2) After the EPA receives the applicant's letter under subsection (1)(b), the EPA must—

• (a) set a reasonable time within which the applicant must provide the information; and

• (b) write to the applicant telling it the date by which the applicant must provide the information.

(3) The EPA must consider the application under section 59 even if the applicant—

• (a) does not respond to the request; or

• (b) agrees to provide the information under subsection (1)(b) but does not do so; or

• (c) refuses to provide the information under subsection (1)(c).

(1) The Environmental Protection Authority may—

• (a) commission an independent review of the impact assessment:

• (b) commission any person to provide a report on a matter described in paragraph (d):

• (c) seek advice from the Māori Advisory Committee on any matter related to the application:

• (d) seek advice from any person on any aspect of—

  • (i) an application for a marine consent; or

  • (ii) the activity to which an application relates.

(2) The EPA must tell an applicant in writing that it intends to commission a review or report or seek advice and include reasons for wanting to commission a review or report or seek advice.

(3) Subsection (1) applies at any reasonable time before a hearing or, if no hearing is to be held, before a decision on the application is made.

(4) The applicant for a consent may object under section 99 to a decision to commission a review or a report, or to seek advice.

(5) The EPA must, as soon as is reasonably practicable after receiving the advice or report (including a report on the results of a review), notify the applicant and every submitter that the advice or report is available at the EPA's office.

(1) If the Environmental Protection Authority is satisfied that an application for a marine consent is complete, it must give public notice of the application and also must serve a copy of the notice on—

• (a) Ministers with responsibilities that may be affected by the activity for which consent is sought:

• (b) Maritime New Zealand:

• (c) any of the following that the EPA considers may be affected by the application:

  • (i) iwi authorities:

  • (ii) customary marine title groups:

  • (iii) protected customary rights groups:

• (d) other persons that the EPA considers have existing interests that may be affected by the application:

• (e) regional councils whose regions may be affected by the application.

(2) The application must be notified within 10 working days after the date on which the EPA is satisfied that the application is complete.

(3) The notice must—

• (a) be in the prescribed form; and

• (b) give a summary of the application for consent; and

• (c) specify where the application is available for inspection.

(1) Any person may make a submission to the Environmental Protection Authority about an application for a marine consent.

(2) A submission must be in the prescribed form.

(3) A submitter must provide a copy of the submission to the applicant as soon as is reasonably practicable after serving it on the EPA.

Submissions must be made not later than 20 working days after public notification of the application under section 46.

As soon as is reasonably practicable after the closing date for submissions, the Environmental Protection Authority must give the applicant a list of all the submissions that it has received.

(1) The Environmental Protection Authority may request the applicant for a marine consent and 1 or more submitters to meet to discuss any matters in dispute in relation to the application for consent, or to enter mediation to resolve a dispute.

(2) The person who conducts the meeting or mediation must report to the EPA and the persons who were at the meeting or mediation on the outcome of the meeting or mediation—

• (a) before the hearing; or

• (b) if there is no hearing, before the EPA decides the application.

(2) The person who conducts the meeting or mediation must report to the EPA and the persons who were at the meeting or mediation on the outcome of the meeting or mediation.

(3) The report must set out—

• (a) the matters that were agreed at the meeting or mediation; and

• (b) the matters that were not resolved.

(4) The report must not include anything communicated or made available at the meeting or during the mediation on a without prejudice basis.

The Environmental Protection Authority—

• (a) may conduct a hearing on an application for a consent if the EPA considers it necessary or desirable; but

• (b) must conduct a hearing if the applicant or a submitter requests a hearing.

(1) If a hearing of an application for a marine consent is to be held, the Environmental Protection Authority must fix a commencement date and time and the place of the hearing.

(2) The date for the commencement of any hearing must not be later than 40 working days after the closing date for submissions on the application.

(3) The EPA must give at least 20 working days' notice of the commencement date and time and the place of a hearing to—

• (a) the applicant; and

• (b) every submitter on the application who stated that he or she wished to be heard and who has not subsequently advised that he or she does not wish to be heard.

(4) The EPA may give directions as to evidence and the general conduct of the hearing.

A hearing must be completed not later than 40 working days after the first day of the hearing.

(1) A hearing must be held in public unless the Environmental Protection Authority directs, under section 146(3)(a), that the whole or part of a hearing is to be held with the public excluded.

(2) The EPA must establish a procedure for a hearing that is appropriate and fair in the circumstances.

(3) In determining an appropriate and fair procedure for a hearing, the EPA must—

• (a) avoid unnecessary formality; and

• (b) recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori, and the Maori Language Act 1987 applies accordingly.

(4) No person may question a party or witness unless the EPA gives permission.

(1) At a hearing, the applicant and every submitter who stated that he or she wished to be heard at the hearing may speak (either personally or through a representative) and call evidence.

(2) However, the Environmental Protection Authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support.

(3) The Environmental Protection Authority may proceed with a hearing even if the applicant or a submitter who stated that he or she wished to be heard fails to appear at the hearing if the EPA considers it fair and reasonable to do so.

(1) The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing:

• (a) section 4 (which gives powers to maintain order):

• (b) section 4B (which relates to evidence):

• (c) section 4D (which gives power to summon witnesses):

• (d) section 5 (which relates to the service of a summons):

• (e) section 6 (which relates to the protection of witnesses):

• (f) section 7 (which relates to allowances for witnesses).

(2) Every summons to a witness to appear at a hearing must be in the prescribed form and be signed on behalf of the Environmental Protection Authority or by the chairperson of the committee that is to conduct the hearing.

(3) All allowances for a witness must be paid by the party on whose behalf the witness is called.

(4) At a hearing, the following persons must give to the EPA any information and advice that is relevant and reasonably necessary to decide the application if the EPA asks for it:

• (a) a person who reviewed the impact assessment or provided advice under section 45:

• (b) a person who is heard or represented at the hearing.

The Environmental Protection Authority may exercise a power under section 57 or 58 after considering whether the scale and significance of the hearing makes the exercise of the power appropriate.

(1) The Environmental Protection Authority may direct the applicant to provide briefs of evidence to the EPA before the hearing.

(2) The applicant must provide its briefs of evidence at least 15 working days before the hearing.

(3) The EPA may direct a submitter who is intending to call expert evidence to provide briefs of the evidence to the EPA before the hearing.

(4) The submitter must provide the briefs of evidence at least 10 working days before the hearing.

(5) The EPA must, as soon as practicable after the EPA receives the briefs of evidence, give—

• (a) a copy of the applicant's brief of evidence to every submitter; and

• (b) a copy of a submitter's briefs of evidence to the applicant.

(1) Before or at the hearing, the Environmental Protection Authority may do 1 or more of the following:

• (a) specify the order of business at the hearing, including the order in which evidence and submissions are presented:

• (b) direct that evidence and submissions be—

  • (i) recorded; or

  • (ii) taken as read; or

  • (iii) limited to matters in dispute:

• (c) direct the applicant, when presenting evidence or a submission, to present it within a time limit:

• (d) direct a submitter, when presenting evidence or a submission, to present it within a time limit.

(2) At the hearing, the EPA may seek advice on an application or the activity to which the application relates under section 45(1), if the applicant agrees.

(3) The EPA must provide copies of the advice to the applicant and submitters.

(4) At the hearing, the EPA may direct a person presenting a submission not to present—

• (a) the whole submission, if all of it is irrelevant or not in dispute; or

• (b) any part of the submission that is irrelevant or not in dispute.

(5) Before or at the hearing, the EPA may direct that a submission or a part of a submission be struck out if the EPA considers—

• (a) that the submission, or the part, is frivolous or vexatious; or

• (b) that the submission, or the part, discloses no reasonable or relevant case; or

• (c) that it would be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.

(6) If the EPA gives a direction under subsection (5), it must record the reasons for the direction and give a copy of the reasons to the submitter whose submission is affected by the direction.

(1) This section and sections 60 and 60A apply when the Environmental Protection Authority is considering an application for a marine consent and submissions on the application.

(3) The EPA 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 62 might avoid, remedy, or mitigate the adverse effects of the activity; and

• (k) relevant regulations; and

• (l) any other applicable law; and

• (m) any other matter the EPA considers relevant and reasonably necessary to determine the application.

(4) The EPA must have regard to—

• (a) any submissions made and evidence given in relation to the application; and

• (b) any advice, reports, or information it has received in relation to the application.

• (b) any advice, reports, or information it has sought and received in relation to the application; and

• (c) any advice received from the Māori Advisory Committee.

(5) When considering an application affected by section 72, the EPA must also have regard to the value of the investment in the activity of the existing consent holder.

(6) Despite subsection (4), the EPA 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.

(7) Subsection (6)(c) does not apply if the person has given written approval but the person withdraws the approval by giving written notice to the EPA—

• (a) before the date of the hearing, if there is one; or

• (b) if there is no hearing, before the EPA decides the application.

In considering the effects of an activity on existing interests under section 59(3)(a), the Environmental Protection Authority must have regard to—

• (a) the area that the activity would have in common with the existing interest; and

• (b) the degree to which both the activity and the existing interest must be carried out to the exclusion of other activities; and

• (c) whether the existing interest can be exercised only in the area to which the application relates; and

• (d) any other relevant matter.

(1) When considering an application for a marine consent, the Environmental Protection Authority must—

• (a) make full use of the information and other resources available to it and of its powers to request information from the applicant, obtain advice, and commission a review or a report; and

• (b) base decisions on the best available information; and

• (c) take into account any uncertainty or inadequacy in the information available.

(2) If, in relation to making a decision under this Act, the information available is uncertain or inadequate, the EPA must favour caution and environmental protection.

(3) If favouring caution and environmental protection means that an activity is likely to be refused, the EPA must first consider whether taking an adaptive management approach would allow the activity to be undertaken.

(3A) Subsection (3) does not limit section 62 or 62A.

(4) In this section, best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time.

(2) After complying with sections 59 to 60A, the EPA may—

• (a) grant an application for a marine consent, in whole or in part, and issue a consent; or

• (b) refuse the application.

(3) To avoid doubt, the EPA may refuse an application for a consent if it considers that it does not have adequate information to determine the application.

(5) If the EPA grants the application, it may issue the consent subject to conditions under section 62.

(1) The Environmental Protection Authority may grant a marine consent on any condition that it considers appropriate to deal with adverse effects of the activity authorised by the consent on the environment or existing interests.

(2) The conditions that the EPA may impose include, but are not limited to, conditions—

• (a) requiring the consent holder to—

  • (i) provide a bond for the performance of any 1 or more conditions of the consent:

  • (ii) obtain and maintain public liability insurance of a specified value:

  • (iii) monitor, and report on, the exercise of the consent and the effects of the activity it authorises:

  • (iv) appoint an observer to monitor the activity authorised by the consent and its effects on the environment:

  • (v) make records related to the activity authorised by the consent available for audit:

• (b) that together amount or contribute to an adaptive management approach.

(2A) However, the EPA must not impose a condition on a consent if the condition would be inconsistent with this Act or any regulations.

(3) To avoid doubt, the EPA may not impose a condition to deal with an effect if the condition would conflict with a measure required in relation to the activity by another marine management regime or the Health and Safety in Employment Act 1992.

(1) The Environmental Protection Authority may incorporate an adaptive management approach into a marine consent granted for an activity.

(2) An adaptive management approach includes—

• (a) allowing an activity to commence on a small scale or for a short period so that its effects on the environment and existing interests can be monitored:

• (b) any other approach that allows an activity to be undertaken so that its effects can be assessed and the activity discontinued, or continued with or without amendment, on the basis of those effects.

(3) In order to incorporate an adaptive management approach into a marine consent, the EPA may impose conditions under section 62 that authorise the activity to be undertaken in stages, with a requirement for regular monitoring and reporting before the next stage of the activity may be undertaken or the activity continued for the next period.

(4) A stage may relate to the duration of the consent, the area over which the consent is granted, the scale or intensity of the activity, or the nature of the activity.

(1) A bond required under section 62(2)(a)(i) may be given for the performance of any 1 or more conditions of a marine consent that the Environmental Protection Authority considers appropriate and may continue after the expiry of the consent to secure the ongoing performance of conditions relating to long-term effects, including—

• (a) a condition relating to the alteration, demolition, or removal of structures:

• (b) a condition relating to remedial, restoration, or maintenance work:

• (c) a condition providing for ongoing monitoring of long-term effects.

(2) A condition of a consent that describes the terms of the bond may—

• (a) require that the bond be given before the consent is exercised or at any other time:

• (b) provide that the liability of the holder of the consent be not limited to the amount of the bond:

• (c) require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment or existing interests that become apparent during or after the expiry of the consent:

• (d) require the holder of the consent to provide such security as the EPA thinks fit for the performance of any condition of the bond:

• (e) require the holder of the consent to provide a guarantor (acceptable to the EPA) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:

• (f) provide that the bond may be varied, cancelled, or renewed at any time by agreement between the holder and the EPA.

(3) If the EPA considers that an adverse effect may continue or arise at any time after the expiration of a marine consent, the EPA may require that a bond continue for a specified period that the EPA thinks fit.

(1) A condition imposed under section 62(2)(a)(iii) may require the consent holder to do 1 or more of the following:

• (a) make and record measurements:

• (b) take and supply samples:

• (c) carry out analyses, surveys, investigations, inspections, or other specified tests:

• (d) carry out the procedures in paragraphs (a) to (c) in a specified manner:

• (e) provide information to the EPA or a person specified by the EPA at a specified time or times:

• (f) provide information to the EPA or a person specified by the EPA in a specified manner:

• (g) comply with the condition at the consent holder's expense.

(2) This section does not limit section 62(2)(a)(iii).

(1) A condition imposed under section 62(2)(a)(iv) that requires the holder of a consent to appoint an observer must specify in detail the observer's duties in relation to the activity.

(2) The consent holder may appoint a person to be an observer only if the person is approved by the EPA for that purpose.

(3) The EPA must approve a person to be an observer in relation to a consent if the person has the appropriate training, skill, and experience to perform the duties.

(3) The EPA must approve a person to be an observer in relation to a consent if—

• (a) the person has the appropriate training, skill, and experience to perform the duties; and

• (b) the EPA is satisfied that the person is able to perform the duties independently of the consent holder.

The Environmental Protection Authority must make its decision on an application for a marine consent as soon as is reasonably practicable and,—

• (a) if a hearing is held, no later than 20 working days after the conclusion of the hearing; or

• (b) if a hearing is not held, no later than 20 working days after the closing date for making submissions under section 48.

Every decision of the EPA on an application for a marine consent must be in writing and include reasons for the decision.

(1) The Environmental Protection Authority must—

• (a) give a copy of its decision on an application for a marine consent to—

  • (i) the applicant; and

  • (ii) all submitters; and

  • (iii) the Māori Advisory Committee; and

  • (iv) any other person or organisation that the EPA considers appropriate; and

• (b) give public notice of the decision.

(2) The notice must—

• (a) be in the prescribed form; and

• (b) give a summary of the decision; and

• (c) specify where the full decision is available for inspection.

(3) The EPA must comply with this section as soon as practicable after it has made its decision.

(1) A marine consent that has been granted commences—

• (a) when the time for lodging an appeal against the grant of the consent expires and no appeal has been lodged; or

• (b) when the High Court determines the appeal or all persons who lodged appeals withdraw their appeals.

(2) Subsection (1) does not apply if the marine consent specifies that the consent commences on a later date.

(1) A marine consent is neither real nor personal property.

(2) A marine consent—

• (a) vests in the personal representative of the holder of the consent on the death of the holder, as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and

• (b) vests in the Official Assignee on the bankruptcy of an individual who is the holder of a consent, as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and

• (c) must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.

(3) If the conditions of the consent are inconsistent with subsection (2), the conditions override that subsection.

(4) The holder of a marine consent may grant a charge over the consent as if it were personal property, but the consent may be transferred only to the chargee, or by or on behalf of the chargee, to the same extent as it could be transferred by the holder.

(5) The Personal Property Securities Act 1999 applies in relation to a marine consent as if the consent were personal property within the meaning of that Act.

(6) Subsection (4) overrides subsection (5).

(1) The duration of a marine consent is—

• (a) 35 years after the date of the granting of the consent; or

• (b) a period less than 35 years that is specified in the consent.

(2) When determining the duration of the consent, the Environmental Protection Authority must—

• (a) comply with sections 59 and 60A; and

• (b) take into account the duration sought by the applicant; and

• (c) take into account the duration of any other legislative authorisations granted or required for the activity that is the subject of the application for consent.

(1) Subsection (3) applies when—

• (a) a marine consent is due to expire; and

• (b) the holder of the consent applies to the Environmental Protection Authority for a new consent for the same activity; and

• (c) the application is made at least 6 months before the expiry of the existing consent.

(2) Subsection (3) also applies when—

• (a) a marine consent is due to expire; and

• (b) the holder of the consent applies to the Environmental Protection Authority for a new consent for the same activity; and

• (c) the application is made in the period that—

  • (i) begins 6 months before the expiry of the existing consent; and

  • (ii) ends 3 months before the expiry of the existing consent; and

• (d) the EPA, in its discretion, allows the holder to continue to undertake the activity under the existing consent.

(3) The holder may continue to undertake the activity under the existing consent until—

• (a) a new consent is granted and all appeals are determined; or

• (b) a new consent is declined and all appeals are determined.

(1) The holder of a marine consent—

• (a) may transfer the whole or any part of the consent to another person; but

• (b) may not transfer the whole or any part of the consent to another location.

(2) The transfer of a marine consent has no effect until written notice of the transfer is given to the Environmental Protection Authority.

(1) The Environmental Protection Authority may serve notice on a consent holder of its intention to review the duration of a marine consent or the conditions of the consent—

• (a) at any time or times specified for that purpose in the consent for any of the following purposes:

  • (i) to deal with any adverse effect on the environment that may arise from the exercise of the consent and with which it is appropriate to deal after the consent has been granted:

  • (ii) any other purpose specified in the consent:

• (b) if regulations take effect that prescribe standards, to ensure that the conditions are consistent with the standards, methods, or requirements:

• (c) to deal with any adverse effects on the environment or existing interests that arise and that—

  • (i) were not anticipated when the consent was granted; or

  • (ii) are of a scale or intensity that was not anticipated when the consent was granted:

• (d) if the information made available to the EPA by the applicant for the consent for the purposes of the application contained inaccuracies that materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions:

• (e) if information becomes available to the EPA that was not available to the EPA when the consent was granted and the information shows that more appropriate conditions are necessary to deal with the effects of the exercise of the consent.

(2) The EPA must, in accordance with section 76, serve notice on a consent holder of its intention to review the conditions of a marine consent if required by an order made under section 125(5)(b).

(1) A notice of review must—

• (a) specify that the duration of the consent is to be reviewed, if that is the case; and

• (b) identify the conditions to be reviewed; and

• (c) give reasons for the review; and

• (d) specify the information that the Environmental Protection Authority took into account in deciding to review the conditions, if the review is under section 74(1)(d) or (e); and

• (e) tell the consent holder whether a charge is payable and, if so, the estimated amount of the charge.

(2) A notice of review may—

• (a) propose new consent conditions; or

• (ab) propose a change in the duration of a consent; or

• (b) invite the consent holder to propose new consent conditions within 20 working days after service of the notice.

(1) If the Environmental Protection Authority serves a notice of review on a consent holder, the EPA must also give public notice of its intention to review the conditions or duration of a marine consent.

(2) The EPA must serve a copy of the public notice on the persons specified in section 46(1) and that provision applies as if reference to an application for a marine consent were reference to a notice of review.

(3) The public notice must—

• (a) be in the prescribed form; and

• (b) give a summary of the notice of review; and

• (c) specify where the notice of review is available for inspection.

(4) The EPA must comply with subsections (1) and (2) within—

• (a) 30 working days after the date on which the EPA serves the notice of review on the consent holder, if the consent holder is invited to propose new conditions; or

• (b) 10 working days after the date on which the EPA serves the notice of review on the consent holder, if paragraph (a) does not apply.

(1) Sections 43 to 58 apply, with all necessary modifications, to a review of a marine consent as if—

• (a) the notice of review were an application for a marine consent; and

• (b) the consent holder were the applicant for the marine consent.

(2) However, section 45(1)(a) does not apply to a review.

When reviewing the conditions of a marine consent, the Environmental Protection Authority—

• (a) must—

  • (i) consider the matters in sections 59 and 60 as provided for in those sections; and

  • (ia) comply with section 60A; and

  • (ii) have regard to whether the activity allowed by the consent will continue to be viable after the proposed change of conditions; and

• (b) in the case of a review under section 74(2), must have regard to any reasons that the court provided for making the order requiring the review; and

• (c) may have regard to the manner in which the activity authorised by the consent has been undertaken.

(1) The Environmental Protection Authority may change a condition of a marine consent on a review under section 74 only if 1 or more of the circumstances specified in that section apply.

(2) Sections 62 to 69 (which relate to conditions, decisions, notification, and commencement) and sections 103 and 111 (which relate to appeals) apply, with all necessary modifications, to a review as if—

• (a) the review were an application for a marine consent; and

• (b) the consent holder were an applicant for a marine consent.

(3) The EPA may cancel a consent if the review was initiated under section 74(1)(c), (d), (e), or (2) and the activity authorised by the consent has significant adverse effects on the environment or existing interests.

(5) If the EPA cancels a consent, the EPA may—

• (a) set a timetable for the consent holder to cease the activity; and

• (b) direct the consent holder to take any other action in relation to any structures used for the activity; and

• (c) direct the consent holder to take action to avoid, remedy, or mitigate adverse effects caused by the activity.

(6) The consent holder must comply with the timetable set by the EPA and with any other directions of the EPA.

(7) The consent holder may object, under section 99, to a decision to change a condition of a consent or to cancel a consent.

(8) To avoid doubt, the power to change a condition includes the power to cancel a condition or propose impose a new condition.

(1) The Environmental Protection Authority may shorten the duration of a marine consent on a review under section 74 only if the effects of the activity authorised by the consent, or the scale or intensity of the effects, were not anticipated when the consent was granted and shortening the duration is the only way to avoid, remedy, or mitigate the effects appropriately.

(2) The EPA may extend the duration of a consent on a review under section 74 only if the monitoring of the effects shows that the effects are minor or may be avoided, remedied, or mitigated by imposing conditions.

(3) A change in the duration of a consent after a review must not result in the duration of the consent exceeding 35 years.

(4) The consent holder may object, under section 99, to a decision to shorten or not to extend the duration of a consent.

(1) If the Environmental Protection Authority considers that a review is likely to be limited to minor changes to the conditions of a consent, it may deal with the review without notifying the review under section 76.

(2) If the EPA deals with a review under subsection (1), section 77 does not apply to the review.

(3) However, despite subsection (2), the EPA must allow the consent holder to make a submission and request a hearing.

(4) As a result of a review under this section, the EPA may not—

• (a) cancel a consent; or

• (b) make changes to the conditions of a consent that are more than minor.

(5) The consent holder may object, under section 99, to a decision by the EPA to change consent conditions.

The EPA may issue an amended consent to correct minor mistakes or defects in a consent within 15 working days after the granting of the consent.

(1) A marine consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent lapses,—

• (a) the consent is given effect to; or

• (b) an application is made to the Environmental Protection Authority to extend the period after which the consent lapses, and the EPA decides to grant an extension after taking into account—

  • (i) whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and

  • (ii) whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and

  • (iii) relevant enactments.

(2) The consent holder may object, under section 99, to a decision of the EPA under subsection (1)(b) not to extend the period after which the consent lapses.

(1) The Environmental Protection Authority may cancel a marine consent by written notice served on the consent holder if the consent has been exercised in the past but has not been exercised during the preceding 5 years.

(2) However, despite subsection (1), the consent holder may ask the EPA to revoke the notice no later than 3 months after service of the notice.

(3) In deciding whether to revoke the notice, the EPA must take into account—

• (a) whether the applicant has obtained approval from persons whose existing interests may be adversely affected by the revocation of the notice; and

• (b) how any regulations classify and provide for the activity authorised by the consent in relation to the area to which the consent relates.

(4) Subsection (1) does not apply if the consent expressly provides otherwise.

(5) The consent holder may object, under section 99, if the EPA refuses to revoke a notice.

(1) The holder of a marine consent may request the Environmental Protection Authority to change or cancel a condition of the consent.

(2) Sections 39 to 69 apply, with all necessary modifications, as if—

• (a) the request were an application for a marine consent; and

• (b) the references to a marine consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.

(3) However, if the EPA considers that the requested change or cancellation is likely—

• (a) to affect the existing interests of only some of the persons described in subsection (4), it may notify those persons and may, but need not, give public notice of the request under section 46; or

• (b) to be limited to minor matters, it may deal with the request under section 81.

(4) For the purposes of determining who is adversely affected by the change or cancellation, the EPA must consider, in particular, every person who—

• (a) made a submission on the original application; and

• (b) has an existing interest that may be affected by the change or cancellation.

(5) If the EPA decides, under subsection (3)(a), not to give public notice of the request, the EPA may, but need not, give public notice of its decision under section 68.

(6) The consent holder may object, under section 99, if the EPA refuses to change or cancel the condition as requested by the consent holder.

In this subpart, unless the context otherwise requires,—

(1) This subpart applies to a proposal to undertake a cross-boundary activity that cannot be carried out without—

• (a) a resource consent for the part of the activity that is carried out in the coastal marine area; and

• (b) a marine consent for the part of the activity that is carried out in the exclusive economic zone or in or on the continental shelf.

(2) However, this subpart does not apply if a part of the activity to be carried out in the coastal marine area is a restricted coastal activity under section 117 of the Resource Management Act 1991.

A person who intends to undertake a cross-boundary activity may—

• (a) prepare a joint application for consent that complies with the requirements of—

  • (i) this Act and any regulations in relation to the part of the activity that relates to the exclusive economic zone or the continental shelf; and

  • (ii) the Resource Management Act 1991, and any regulations, national environmental standards, or regional or district plans made under that Act, in relation to the part of the activity that relates to New Zealand; or

• (b) apply for a marine consent and a resource consent for a cross-boundary activity separately, whether concurrently or at different times.

(1) This section applies if a person makes a joint application for consent.

(2) The joint application must be sent to both the relevant consent authority and the Environmental Protection Authority.

(3) The joint application must include an assessment of effects that complies with section 88(2)(b) of the Resource Management Act 1991 and section 40 of this Act.

(4) The joint application may specify that the application for resource consent is lodged with the EPA under section 145 of the Resource Management Act 1991.

Subpart 2 applies to an application for a marine consent if a person—

• (a) applies separately for consents for a cross-boundary activity, as described in section 88(b); or

• (b) applies for a marine consent in relation to a cross-boundary activity and does not apply for a resource consent for the activity.

(1) At any time before or during the processing of an application for a marine consent for a cross-boundary activity, the Environmental Protection Authority may decide (whether on a request by the applicant or on its own initiative) that the application ought to be processed and heard (if a hearing is held) with an application for resource consent for the activity.

(2) Subsection (1) applies despite a decision by an applicant to apply separately for resource and marine consents under section 88(b) and despite section 90.

(3) In the case described in subsection (1), the EPA may decide—

• (a) not to proceed with the notification or hearing of the application for a marine consent until the application for resource consent is lodged with it and the relevant consent authority; or

• (b) return the application for a marine consent to the applicant as incomplete under section 42.

(4) The EPA must inform the applicant of its decision under subsection (1) as soon as practicable after making the decision.

(5) If the EPA makes the decision in subsection (3)(a) and the applicant then lodges an application for a resource consent for the cross-boundary activity, the application for resource consent and the application for a marine consent are a new joint application for consent made on the date on which the application for a resource consent was lodged.

(1) At any time during the processing of a joint application for consent, the Environmental Protection Authority may decide that the application for a resource consent and the application for a marine consent that comprise the joint application must cease to be processed as a joint application and continue to be processed separately.

(2) Subsection (1) applies only if—

• (a) the EPA and the relevant consent authority agree that the applications are sufficiently unrelated that a joint process is not necessary; or

• (b) the application for resource consent does not require public notification under the Resource Management Act 1991; or

• (c) a hearing is required for one application but not the other; or

• (d) the joint processing of the applications for resource consent and marine consent that comprise the joint application for consent is not administratively efficient.

(3) In any case described in subsection (1),—

• (a) the relevant consent authority must resume processing the application for resource consent under the Resource Management Act 1991; and

• (b) the EPA must resume processing the application for a marine consent under subpart 2.

(4) The EPA must cease processing a joint application for consent if—

• (a) the Minister for the Environment or the Minister of Conservation (in relation to a proposal of national significance) directs that the application for a resource consent be referred to the Environment Court for decision under section 142(2)(b) or 147(1)(b) of the Resource Management Act 1991; or

• (b) the relevant consent authority agrees to the applicant's request made under section 87D of the Resource Management Act 1991 to allow the application to be determined by the Environment Court.

(5) In the case described in subsection (4)(a), section 149T of the Resource Management Act 1991 applies to the application for resource consent.

(6) In the case described in subsection (4)(b), sections 87F(2) to (5) and 87G to 87I of the Resource Management Act 1991 apply to the application for resource consent.

(7) In both cases described in subsection (4), the EPA must resume processing the application for a marine consent under subpart 2.

Sections 94 and 95 apply to the processing of a joint application for consent while the application is a joint application.