Public Works (Critical Infrastructure) Amendment Bill - Amendment paper No 350
Public Works (Critical Infrastructure) Amendment Bill - Amendment paper No 350
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Public Works (Critical Infrastructure) Amendment Bill - Amendment paper No 350
No 350
House of Representatives
Amendment Paper
Public Works (Critical Infrastructure) Amendment Bill
Proposed amendments
Hon Chris Penk, in Committee, to move the following amendments:
Clause 5: new section 39AAH
In clause 5, new section 39AAH(1AA)(a)(iv), replace “designation; and”
(page 7, line 13), with “designation:”
.
In clause 5, after new section 39AAH(1AA)(a)(iv) (page 7, after line 13), insert:
(v)
a notice of requirement was lodged under the Natural and Built Environment Act 2023 for a designation or an alteration to an existing designation and the project will be carried out under that designation or altered designation (see Part 1 of Schedule 1 of the Fast-track Approvals Act 2024, which continues a fast-track consenting process begun under the Natural and Built Environment Act 2023); and
Clause 7: new section 72F(13)
In clause 7, new section 72F(13), replace “subsection (6)(b),”
(page 23, line 25) with “subsections (6)(b) and (9A)(b),”
.
In clause 7, new section 72F(13), replace “subsection (6)(a),”
(page 23, line 27) with “subsection (6)(a) or (9A)(a), as the case may be,”
.
Schedule 1: new clause 7 of Schedule 1AA
In Schedule 1, new clause 7(1)(a), replace “notices”
(page 26, line 21) with “a notice”
.
In Schedule 1, new clause 7(1)(b), replace “notices”
(page 26, line 23) with “notice”
.
In Schedule 1, new clause 7(1)(b), replace “have”
(page 26, line 23) with “has”
.
In Schedule 1, after new clause 7(5)(a) (page 27, after line 8), insert:
(aa)
is only available if, after the amendment Act commences, the Minister receives a notification under subclause (2)(b) or (3)(b)—
(i)
before any other notice of desire to acquire land for the project is served under section 18; and
(ii)
before any notice of intention under section 23 is given or served for any land required for the project; and
In Schedule 1, new clause 7(9), replace “subclause (4),”
(page 27, line 31) with “subclause (4) and clause 7A(2),”
.
Schedule 1: new clause 7A of Schedule 1AA
In Schedule 1, after new clause 7 (page 27, after line 32), insert:
7A Application of Part 2A if section 23 notice given or served before amendment Act commences
(1)
Subclause (2) applies if, before the amendment Act commences, the Minister or a local authority, as the case may be, has given or served a notice under section 23 of the Minister’s or local authority’s intention to take land for a public work that falls within the definition of a critical infrastructure project.
(2)
The acquiring or taking of all land for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.
Explanatory note
This Amendment Paper amends the Public Works (Critical Infrastructure) Amendment Bill (the Bill).
It amends new section 39AAH of the Public Works Act 1981 (the Act), which lists the preconditions that a critical infrastructure project must meet before the Minister or local authority, as the case may be, may proceed with giving or serving a notice of intention to take land required for the project using new Part 2A of the Act. The amendment provides a further precondition relating to projects that will be carried out under a designation or an alteration to an existing designation for which a notice of requirement was lodged under the Natural and Built Environment Act 2023 (the NBEA). Although the NBEA was repealed by the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023, that Act, and subsequently the Fast-track Approvals Act 2024, provide for fast-track consenting processes begun under the NBEA to be completed under the NBEA as if it were still in force.
It amends 2 cross-references in new section 72F(13) of the Public Works Act 1981 (the Act) so that the definition of individual value in that subsection will also apply to new subsection (9A) of that section (inserted into the Bill at select committee).
Last, it makes amendments to new Part 2 of Schedule 1AA of the Act, which contains transitional provisions. The substantive amendments are explained below.
New clause 7 of Schedule 1AA is amended by inserting new subclause (5)(aa) to clarify when a department, Crown body, or local authority, as the case may be, may opt out of using new Part 2A of the Act to acquire land, if any initial steps in the acquiring process are already underway. The option may only be exercised if the Minister is notified before any other notices under section 18 of the Act are served and before any notice of intention under section 23 is given or served for any land required for the work. (A section 18 notice is served on registered owners of land to inform them of the desire of the Minister or a local authority, as the case may be, to acquire their land for a public work. A section 23 notice is given and served by the Minister or a local authority to notify the public and persons with a registered interest in land of their or its intention to take the land.)
New clause 7A of Schedule 1AA is inserted to provide for the application of new Part 2A of the Act if a section 23 notice is given and served before the Bill commences for land required for a public work that falls within the definition of a critical infrastructure project. In that case, the acquiring or taking of all land for the work must proceed in accordance with Part 2 of the Act (rather than new Part 2A), and the Minister must publicly notify a statement to that effect.
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Public Works (Critical Infrastructure) Amendment Bill - Amendment paper No 350
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