Key
1 Title
2 Commencement
Part 1
Preliminary provisions
Subpart 1—Outline, 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 2—Purpose and principles
10 Purpose
11 International obligations
12 Matters to be taken into account to achieve purpose
13 Information principles
14 Treaty of Waitangi
Subpart 3—Duties and restrictions
15 Restrictions on activities in exclusive economic zone and on continental shelf
16 Certain existing mining activities to continue
17 Certain existing activities to continue
18 Certain prohibited activities to continue
19 Duty of persons operating in exclusive economic zone or on continental shelf
20 Relationship with other legal requirements
Subpart 4—Functions, 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
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 1—Regulations
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
34 Relationship between regulations and prohibitions and restrictions under other marine management regimes
35 Relationship between regulations and consents
Types of activity
36 Permitted activities
37 Discretionary activities
38 Prohibited activities
Subpart 2—Marine 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
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 3—Marine 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 1—Objections 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 2—Enforcement
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 1—Miscellaneous
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 2—Transitional provisions
Existing activities
149 Activities in exclusive economic zone or on continental shelf when Act commences
149A Existing petroleum activities that become discretionary
16 Existing mining activities that become discretionary
150 Other existing activities that become discretionary
151 Existing activities that become prohibited
Planned petroleum activities
151A Planned petroleum activities that become discretionary
Unauthorised activities
151B Unauthorised activities must stop
Subpart 3—Amendments to other Acts
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
Schedule
General provisions relating to inspection powers
Legislative history