Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016

2016/235

Coat of Arms of New Zealand

Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of October 2016

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 27(1), 30(1), and 35 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for the Environment given after the requirements of sections 32 to 34 of that Act have been met.

Regulations

1 Title

These regulations are the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016.

2 Commencement

These regulations come into force on 21 October 2016.

3 Principal regulations
4 Revocation

The following provisions of the principal regulations are revoked at the end of 20 October 2021:

(a)

the definitions of authorised launch deposit area, authorised test launch deposit area, and space vehicle in regulation 3:

5 Regulation 3 amended (Interpretation)

In regulation 3, insert in their appropriate alphabetical order:

authorised launch deposit area means—

(a)

the area within a quadrilateral with the vertices at—

(i)

44.309°S 176.151°E:

(ii)

44.420°S 176.897°E:

(iii)

54.233°S 174.447°E:

(iv)

53.988°S 172.651°E; and

(b)

the area within a quadrilateral with the vertices at the following points, but only to the extent that it is within the exclusive economic zone or continental shelf:

(i)

38.862°S 175.454°W:

(ii)

37.065°S 163.020°W:

(iii)

38.860°S 162.571°W:

(iv)

39.496°S 175.406°W

authorised test launch deposit area means—

(a)

the area within a quadrilateral with the vertices at—

(i)

50.530°S 179.829°E:

(ii)

53.002°S 179.394°W:

(iii)

52.988°S 179.243°W:

(iv)

50.517°S 179.958°E; and

(b)

the area within a 6-sided polygon with the vertices at—

(i)

45.035°S 178.736°E:

(ii)

45.012°S 178.970°E:

(iii)

46.550°S 179.350°E:

(iv)

48.470°S 179.730°E:

(v)

48.500°S 179.500°E:

(vi)

46.640°S 179.000°E

space vehicle means a vehicle that—

(a)

travels or is intended to travel above controlled airspace (meaning controlled airspace designated by rules made under section 29A of the Civil Aviation Act 1990); and

(b)

jettisons nothing other than the following material during its normal operation:

(i)

aluminium, brass, copper, Inconel, nickel, steel, and zinc; and

(ii)

adhesive, cork, foam, paint, glass fibre composite, carbon fibre composite, plastic, lithium batteries, and printed circuit boards

6 New regulation 8A inserted (Deposit of material on seabed)

After regulation 8, insert:

8A Deposit of material on seabed from launch of space vehicle

(1)

The deposit on the seabed of material jettisoned from any test launch of a space vehicle from New Zealand is a permitted activity if the person undertaking the activity complies with the conditions in subclause (2).

(2)

The conditions are that—

(a)

there are no more than 10 space vehicle test launches in total; and

(b)

all material jettisoned from the space vehicle is deposited within any authorised test launch deposit area; and

(c)

the person complies with the pre-activity requirements in Schedule 4A; and

(d)

the person complies with the post-activity requirements in Schedule 4A.

(3)

The deposit on the seabed of material jettisoned from any launch (other than a test launch) of a space vehicle from New Zealand is a permitted activity if the person undertaking the activity complies with the conditions in subclause (4).

(4)

The conditions are that—

(a)

there are no more than 100 space vehicle launches (other than test launches) in total; and

(b)

there is no more than 1 space vehicle launch per week; and

(c)

all material jettisoned from the space vehicle is deposited within any authorised launch deposit area; and

(d)

the person complies with the pre-activity requirements in Schedule 4A; and

(e)

the person complies with the post-activity requirements in Schedule 4A.

7 New Schedule 4A inserted

After Schedule 4, insert the Schedule 4A set out in the Schedule of these regulations.

Schedule New Schedule 4A inserted

r 7

Schedule 4A Pre-activity and post-activity requirements for deposit of material on seabed from launch of space vehicle

r 8A

1 Pre-activity requirements

(1)

The person undertaking the activity must provide the EPA with the following information no later than 5 working days before the planned space vehicle launch:

(a)

the proposed date and time of the launch; and

(b)

the predicted flight path or paths of the launch; and

(c)

the authorised test launch deposit area or authorised launch deposit area in which the material jettisoned from the space vehicle is expected to land; and

(d)

details of any additional proposed actions to avoid, mitigate, or remedy adverse effects of the activity on existing interests.

(2)

The person undertaking the activity must provide the EPA with the final date and time of the planned space vehicle launch no later than 24 hours before the launch.

(3)

The EPA must publish on its Internet site the information provided under subclause (1) as soon as is reasonably practicable after the person provides it.

2 Post-activity requirements

(1)

The person undertaking the activity must provide the EPA with a post-activity report, which must be provided quarterly or after 10 consecutive launches (whichever happens first).

(2)

A post-activity report must include the following information:

(a)

the date and time of each space vehicle launch; and

(b)

the observed flight path of each space vehicle launch; and

(c)

as far as is reasonably possible, each area in which the material jettisoned from each space vehicle landed; and

(d)

if the person received any written complaint alleging that the conditions for undertaking the activity were breached,—

(i)

a summary of each complaint; and

(ii)

an explanation of how the person dealt with each complaint.

(3)

The EPA must publish a post-activity report on its Internet site as soon as is reasonably practicable after the person provides it.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 21 October 2016, amend the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013 (the principal regulations). The amendments provide that the deposit on the seabed of material from a space vehicle launched from New Zealand is a permitted activity for the purpose of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 so long as stated conditions are met.

Regulation 1 relates to the Title.

Regulation 2 provides that the regulations come into force on 21 October 2016.

Regulation 3 provides that these regulations amend the principal regulations.

Regulation 4 provides that the provisions inserted by the amendments are revoked at the end of 20 October 2021.

Regulation 5 amends regulation 3 of the principal regulations by inserting definitions of the terms authorised launch deposit area, authorised test launch deposit area, and space vehicle.

Regulation 6 inserts into the principal regulations new regulation 8A, which provides that the deposit on the seabed of material jettisoned from a space vehicle launch from New Zealand is a permitted activity if the person undertaking the activity complies with the conditions in that regulation.

Regulation 7 inserts new Schedule 4A into the principal regulations. New Schedule 4A sets out the pre-activity and post-activity reporting requirements of a person undertaking the permitted activity.

Regulatory impact statement

The Ministry for the Environment produced a regulatory impact statement on 5 October 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 October 2016.

These regulations are administered by the Ministry for the Environment.