Clause 4 amends section 4, which sets out various definitions used in the principal Act. The changes include—

• amending the definition of administering agency by removing from that category the chief executives of the departments that administer the Heritage New Zealand Pouhere Taonga Act 2014 (the Ministry for Culture and Heritage) and the Resource Management Act 1991 (the Ministry for the Environment). The roles of administering agencies under the principal Act are performed by Heritage New Zealand Pouhere Taonga and local authorities:

• amending the definition of competing application to clarify that in order for an application (application A) to be a competing application, it must have been lodged by someone other than the person who lodged the substantive application to which the application A relates:

• amending the definitions of complex freshwater fisheries activity and standard freshwater fisheries activity by making clear that the relevant works included in the definition involve a water body and a disturbance of a water body:

• inserting definitions of Government policy statement and relevant portfolio Minister:

• amending the definition of priority project to update a cross reference (see clauses 21 and 22).

Clause 5 inserts new section 10A, which enables the Minister to issue a Government policy statement about the regional or national benefits of certain types of projects.

Clause 6 amends section 11, which requires an applicant to consult with certain people before lodging an application under section 13 to use the fast-track approvals process (a referral application). Section 11 is amended so that, before lodging a referral application, the applicant is required to—

• consult any relevant applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011 and ngā hapū o Ngāti Porou, if the project area is within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou (see new section 11(1)(a)); and

• notify specified persons and groups in writing (see new section 11(1)(b)).

A person or group who is notified may provide the applicant with a response within 20 working days after receiving a notice (see new section 11(3)).

Clause 7 amends section 13, which sets out the information that a person must include in a referral application. Clause 7 amends section 13 as follows:

• subclause (1) amends section 13(4)(h) to require the person to include an assessment of the significance of the project’s anticipated and known adverse effects on the environment:

• subclause (2) amends section 13(4)(k)(i), and subclause (3) inserts new section 13(4)(ka), as a consequence of the amendments to section 11 by clause 6:

• subclause (4) replaces section 13(4)(y)(vi) with new section 13(4)(y)(vi) and (via). The amendment separates the 2 categories of approval covered by current section 13(4)(y)(vi): the approvals referred to in new subparagraph (vi) (specified RMA approvals that include a standard freshwater fisheries activity) (standard FFA) require the information set out in new clause 4A of Schedule 5, while the approvals referred to in new subparagraph (via) (complex freshwater fisheries activity) (complex FFA) continue to require the information set out in clause 2 of Schedule 9.

Clause 8 amends section 14, which requires the Secretary for the Environment to decide whether a referral application is complete and within scope. Section 14 is amended to enable the Secretary for the Environment to seek further information from an applicant instead of returning the referral application if it is incomplete or not within scope. The period for seeking further information does not count towards the 10-working-day period in which the Secretary for the Environment must decide whether an application is complete and within scope (see new section 14(3B)).

Clause 9 amends section 17, which requires the Minister for the Infrastructure (the Minister) to invite comments on a referral application. Clause 9 amends section 17 as follows:

• subclause (1) replaces section 17(1)(b) to add the Minister for Māori Crown Relations: Te Arawhiti and the Minister for Māori Development to the list of persons and groups that the Minister must provide a copy of the referral application to and invite comments from (currently, the Minister is required under section 18 of the principal Act to provide a report on Treaty settlements and other obligations to those Ministers for their comments):

• subclause (2) replaces section 17(3) and inserts new section 17(3A) to require a local authority or an administering agency, if providing comments on a referral application, to provide comments that are relevant to the application and the decision on the application that the Minister is required to make under section 21:

• subclause (3) amends section 17(4) to update a cross reference:

• subclause (4) amends section 17(6) to reduce the time frame in which comments on a referral application must be provided from 20 working days to 15 working days.

Clause 10 amends section 18, which requires the Minister to, for a referral application, obtain and consider a report that is prepared by the Secretary for the Environment. Section 18(3) and (4) is replaced to remove the requirement to provide a draft report to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti as a consequence of the replacement of section 17(1)(b) by clause 9(1).

Clause 11 amends section 19(1) to correct a drafting error.

Clause 12 amends section 22, which sets out the criteria for the Minister to use when assessing a referral application, as follows:

• subclause (1) inserts a requirement for the Minister to consider a relevant Government policy statement when deciding whether the project would have significant regional or national benefits:

• subclause (2) clarifies that the Minister may consider whether the project will promote competition in the grocery industry.

Clause 13 amends section 25(1), which specifies when a decision to decline a referral application may be made, to remove unnecessary references to the referral application.

Clause 14 amends section 29, which requires the authorised person, before lodging a substantive application for a listed project, to consult the persons and groups referred to in section 11 and, if the substantive application seeks an approval described in section 42(4)(l) or (m) (access arrangement), comply with section 59(1) and (2) of the Crown Minerals Act 1991. Section 29(1)(a) is replaced as a consequence of the amendments to section 11 by clause 6.

Clause 15 amends section 30, which relates to the identification of existing resource consent for same activity, as follows:

• subclauses (1) and (2) replace references to consent authority with references to a regional council that is the consent authority:

• subclause (3) amends section 30(3) to impose a 10-working day time frame on a consent authority to respond to notifications it receives under section 30(2).

Under section 30, the authorised person for a listed project or a referred project must, before lodging a substantive application seeking approval for a resource consent, notify consent authorities so the authorities can give the holders of any existing resource consents an opportunity to lodge their own application. The effect of new section 30(8) is to limit this process to consent authorities that are a regional council.

Clauses 16 and 17 insert new section 32A and make a consequential amendment to section 32. New section 32A concerns substantive applications, for listed projects or referred projects, that seek approval of a land exchange. The section requires the authorised person to consult the Director-General of Conservation before lodging the application.

Clause 18 amends section 35, which requires the Director-General of Conservation to invite comments on a proposed land exchange. Clause 18 amends section 35 as follows:

• subclause (1) inserts new section 35(1)(e), so that persons the Director-General of Conservation must invite to comment on a proposed land exchange include any other person the Director-General considers appropriate:

• subclause (2) makes a consequential amendment to section 35(2):

• subclause (3) inserts new subsection (2A) to require a local authority or an administering agency, if providing comments on a proposed land exchange, to provide comments that are relevant to proposed land exchange and the report that the Director-General is required to prepare under section 35.

Clause 19 inserts new section 37A (listed projects proceeding in stages). The authorised person for a listed project that is to proceed in stages may ask the Minister for a determination that the person may lodge a separate substantive application for a specified stage of the project. The Minister may make the determination if satisfied that the relevant stage of the project would meet the criteria in section 22 if considered as a stand-alone project. The new section also allows the Minister to seek further information about the project stage and provides for notifications of the Minister’s decision.

Clause 20 repeals section 38, which provides that the Minister may determine that a listed project or a referred project is a priority project. Section 38 is replaced by new section 41A (see clause 21).

Clause 21 inserts new section 41A (Minister may determine that project is priority). The key difference between section 38 and new section 41A is that the Minister can determine that a listed project or a referred project is a priority project before a panel is set up for the substantive application to which the project relates.

Clause 22 amends section 42 as follows:

• subclause (1) inserts new section 42(1)(aa), which provides that substantive applications that may be lodged under section 42 include a substantive application for a stage of a listed project that the Minister has determined, under new section 37A, may be lodged as a separate substantive application:

• subclause (2) amends section 42(4)(c) by inserting a cross-reference to new subsection (7A):

• subclause (3) replaces section 42(4)(j). The new paragraph provides for all, rather than some, of the approvals that may be sought in relation to complex freshwater fisheries activities, aligning with clause 19(1) of Schedule 5:

• subclause (4) inserts new subsection (7A), which provides that a substantive application seeking a resource consent or a designation under subsection (7) (in relation to an application seeking a certificate of compliance) may also seek an a resource consent or a designation for an activity that would not require a resource consent:

• subclause (5) makes a consequential amendment to section 42(8), inserting a cross-reference to new section 32A.

Clause 23 amends section 43, which sets out requirements for a substantive application, as follows:

• subclause (1) replaces section 43(2) as follows:

  • new paragraph (a) replicates section 43(2), but updates a cross reference as a consequence of the amendments to section 11 by clause 6:

  • new paragraph (b) contains additional information requirements for a listed project stage that is being treated as a stand-alone project (see new section 37A):

  • new paragraph (c) require the applicant to include the information that they provided to the Minister when applying to have the project listed as a listed project:

• subclause (2) amends section 43(3)(d) (which concerns information requirements in applications seeking approval of designations) by adding a cross-reference to new clause 9 of Schedule 5.

Clause 24 inserts new section 45A (EPA may provide substantive application to panel convener). New section 45A enables the EPA to provide a substantive application to the panel convener at any time before the Minister makes a decision under new section 47B(2)(b) (currently, the EPA cannot provide a substantive application to the panel convener until decisions are made under sections 46 and 47).

Clause 25 amends section 46, which requires the EPA to decide whether a substantive application is complete and within scope. Clause 25 amends section 46 as follows:

• subclause (1) inserts new section 46(2A) to (2C) to enable the EPA to seek further information from an applicant, instead of returning the substantive application if it is incomplete or not within scope. The period for seeking further information does not count towards the 15-working-day period in which the EPA must decide whether an application is complete and within scope:

• subclause (1) replaces section 46(3) to remove the requirement that the EPA provide the application to the panel convener after deciding that the application is complete and within scope as a consequence of the insertion of new section 45A.

Clause 26 replaces section 47, which requires the EPA to make a recommendation, and the Minister to make a decision, regarding whether a substantive application has competing applications and there are existing resource consents to which section 124C(1)(c) or 165ZI of the Resource Management Act 1991 would apply that are not identified in the substantive application.

Clause 26 replaces section 47 with new sections 47 to 47C. New sections 47 to 47C largely replicate current section 47, except that they also provide—

• that the EPA can start working to determine whether a substantive application has any competing applications or there are any existing resource consents before deciding whether the substantive application is complete and within scope under section 46 (see new section 47(3)):

• that the Minister may notify the EPA that a panel may be set up for a substantive application if the Minister—

  • considers that there is a competing application, or there are competing applications, but the Minister has received notice under new section 47A(3) for the application or applications or the Minister does not consider that there are competing applications; and

  • decides that there are no existing resource consents to which section 124C(1)(c) or 165ZI of the Resource Management Act 1991 would apply that are not identified in the substantive application (see new section 47B(1)):

• that, on receiving a notice from the Minister that a panel may be set up for a substantive application, the EPA must notify the panel convener and the applicant that a panel may be set up for the substantive application and provide the application to the panel convener if the EPA has not already provided it (see new section 47B(2)):

• that, if the Minister delegates to the EPA the power to make a decision or decisions under new section 47A and the power to notify under new section 47B, the EPA may notify the panel convener and the applicant that a panel may be set up for the substantive application and provide the application to the panel convener if the EPA has not already provided it without notifying itself of its decision or decisions (see new section 47C(4) and (5)).

Clause 27 amends section 48, which requires the EPA to request a recommendation in relation to an aquaculture decision to be made under section 80. Section 48(2) is amended so that the EPA must request the recommendation when the EPA notifies the panel convener that a panel may be set up for the substantive application (rather than when the EPA provides the substantive application to the panel convener).

Clause 28 amends section 49, which requires the EPA to request a section 18 report from the responsible agency if the substantive application relates to a listed project. Section 49(2) is amended so that the EPA must request the report when the EPA receives the substantive application (rather than when the EPA provides the substantive application to the panel convener).

Clause 29 replaces section 50, which requires the panel convener to set up a panel for each substantive application that the panel convener receives. New section 50—

• requires the panel convener to set up a panel for each substantive application in respect of which they are notified by the EPA that a panel may be set up (see new section 50(1)):

• requires the panel convener to set up a panel within 15 working days of being notified that a panel may be set up (see new section 50(2)):

• qualifies the requirement on the panel convenor to set up a panel for a substantive application relating to priority project before setting up a panel for a non-priority project by providing that the convener is not required to pause or delay set-up work that is already underway (unless that work relates to a competing application) (see new section 50(3)).

Clause 33 amends section 53, which requires a panel to direct the EPA to invite comments on a substantive application. Clause 33 amends section 53 as follows:

• subclause (1) replaces section 53(1) to clarify that a panel must direct the EPA to invite written comments on a substantive application not later than 10 working days after the appointment of all panel members (rather than after the panel is set up):

• subclause (2) replaces section 53(3) with new section 53(3) and (4), which provide that—

  • a relevant local authority or relevant administering agency, if providing comments on a substantive application, to provide comments that are relevant to the application and the decision that the panel is required to make under section 81 on the approvals sought in the application (see new section 53(3)); and

  • the panel may invite comments on a particular matter from any person or group that the panel thinks appropriate, but only—

    • after checking whether the relevant local authorities or relevant administering agencies intend to comment on the matter; and

    • if the panel considers that the comments that the relevant local authorities or relevant administering agencies intend to provide will not enable the panel to sufficiently address the matter or the relevant local authorities or relevant administering agencies do not intent to comment on the matter (see new section 53(4)).

Clause 38 amends section 64, which allows an applicant to request that the processing of their substantive application be suspended. Clause 38 amends section 64 as follows:

• subclause (1) amends section 64(2)(a) to reflect that section 46 no longer requires the EPA to provide the panel convener with a substantive application:

• subclause (2) replaces section 64(3) to provide that, if a panel has not yet been set up, a panel convener may suspend the processing of a substantive application, but if a panel has been set up, it is the panel that may suspend the processing of a substantive application:

• subclauses (3) and (4) amend section 64(4)—

  • as a consequence of new section 64(3); and

  • to replace a cross-reference to current section 51 with a cross-reference to new section 52A.

Clause 39 amends section 65, which enables an applicant who is granted a suspension to request that the processing of their substantive application be resumed. References to the panel (or a panel) in section 65 are replaced with references to the panel convener or the panel (or a panel) as a consequence of new section 64(3).

Clause 40 amends section 66, which sets out what must happen if 50 working days have elapsed since the processing of a substantive application was suspended. References in section 66 to a panel are replaced with references to the panel convener or a panel as a consequence of new section 64(3).

Clause 41 amends section 68 by replacing a cross-reference to current section 51 with a cross-reference to new section 52A.

Clause 43 amends section 72, which requires a panel, before deciding whether to grant or decline an approval under section 81, to direct the EPA to invite comments from the Minister for Māori Crown Relations: Te Arawhiti and the Minister for Māori Development on the draft decision. New section 72(1A) is inserted to enable the panel to direct the EPA to invite comments from those Ministers at the same time as it directs the EPA to provide a copy of, and invite comments from certain persons and groups on, the draft conditions on the approval.

Clause 44 amends section 79, which sets out the time frame within which a panel must issue its decision documents under section 88. Clause 44 amends section 79 as follows:

• subclause (1) replaces section 79(2)(b) to prevent a panel convener from setting a time frame that is longer than 60 working days from the date specified for receiving comments under section 53, unless the applicant agrees in writing:

• subclause (2) amends section 79(2)(c) so that a panel convener must consult with the relevant local authorities, as well as the relevant administering agencies, before setting the time frame.

Clause 48 inserts new section 93A, which enables the Minister to give general direction to the EPA in relation to the EPA’s performance and exercise of its functions, duties, and powers under the principal Act. The Minister must consult the EPA before giving a direction and cannot give a direction that relates to a particular substantive application (see new section 93A(2) and (4)). A direction given by the Minister must be published in the Gazette, made available on the EPA’s internet site, and presented to the House of Representatives (see new section 93A(3)).

Clause 49 amends section 94, which requires a person to withdraw an application for an approval under a specified Act if they—

• lodge a substantive application that seeks a corresponding approval under the principal Act for the same, or substantially the same, activity; and

• are notified by the EPA that the substantive application complies with section 46(2).

Section 94(2)(b) is replaced so that a person does not need to withdraw an application until they are notified by the EPA that the panel convener has been notified that a panel may be set up (instead of when they are notified by the EPA that the substantive application complies with section 46(2)).

Clause 50 amends section 99, which enables certain persons and groups to appeal on a question of law to the High Court against a decision of a panel to grant or decline to grant an approval. Current section 99(1)(d) provides that persons and groups that provided comments in response to an invitation given under the principal Act are able to appeal. That section is replaced by new section 99(1)(d) to limit that ability to persons and groups that provided comments in response to an invitation given under section 17(1) or 53(2) or any of section 35(1)(a) to (d).

Clause 51 amends section 104 by providing that the actual and reasonable costs that may be recovered from applicants by an agency, the EPA, or the Minister are determined in accordance with any regulations made under section 108.

Clause 52 amends section 106, which sets out the methods by which costs may be recovered. Current section 106(2) provides that all interest accruing from estimated fees and charges, or fees or charges based on estimated costs, in the period after payment is retained by the EPA and applied to the costs that may be recovered under section 104. That section is replaced by new section 106(2), which provides that interest accrued on all fees, charges, and levies described in section 106(1) may be retained and applied to costs that may be recovered under section 104 or met under section 109(1)(a) by the imposition of a levy.

Clause 53 amends section 108, which enables regulations to be made about fees, charges, and contributions that may be recovered from applicants by an agency, the EPA, or the Minister. Clause 53 inserts the power to make regulations—

• providing for the actual and reasonable costs that may be recovered under section 104, including by setting upper limits, setting out criteria for quantification, and excluding certain categories of costs:

• providing for a dispute resolution process in relation to costs sought.

Clause 54 inserts new section 117A. New section 117A enables the Minister to recommend the making of an Order in Council to amend the project description of a project, or the description of the approximate geographical location of a listed project, in Schedule 2. The Minister must not make a recommendation unless satisfied that the scope of the listed project will not be substantially different as a result of the amendment, taking into account—

• the significant regional or national benefits of the project; and

• the purpose of the project; and

• the location, scale, and nature of the works involved in the project.

Part 2 of the Bill contains amendments to the schedules of the principal Act.

Clause 55 amends Schedule 2, which lists projects, as follows:

• subclause (1) replaces the shoulder reference with a reference to section 117 and new section 117A:

• subclause (2) amends the heading to clarify that listed projects have significant regional or national benefits:

• subclause (3) amends the Stella Passage Development project, so that the description of the project includes the extension of the Mount Maunganui wharf and the description of the approximate geographical location reflects the inclusion of that wharf.

Clause 56 amends Schedule 3, which relates to panels set up under the Act, as follows:

• subclause (1) replaces clause 3(2) of the schedule. New clause 3(2) provides that the panel convener, before appointing a panel, may consult the EPA and must notify the applicant and relevant local authorities of the names of prospective panel members:

• subclause (2) inserts new clause 3A. The new clause allows applicants and local authorities who receive a notification under new clause 3(2) to raise issues concerning prospective panel members with the panel convener, provides a process to support the convener’s decision, and provides that the time taken by this process is excluded from the time frame for the panel’s performance of its functions under new section 50(2):

• subclause (3) amends clause 4(1), changing the qualification and experience required of a panel chairperson:

• subclause (4) corrects an incorrect cross-reference:

• subclause (5) amends clause 5 by replacing a cross-reference to current section 51 with a cross-reference to new section 52A:

• subclause (6) amends clause 7 to provide that the collective knowledge, skills, and experience of a panel must include knowledge, skills, and experience in the relevant sector:

• subclause (7) replaces clause 13 so that—

  • panel conveners and associate panel conveners are not liable for anything that they do or omit to do in good faith in performing or exercising their functions, duties, or powers under the principal Act (see new clause 13(1)):

  • members appointed to panels are not liable for anything that they do or omit to do in good faith in performing or exercising the functions, duties, or powers of the panel (see new clause 13(2)).

Clause 57 amends Schedule 5, which relates to applications seeking RMA approvals, as follows:

• subclause (1) inserts new clause 4A. The new clause contains information requirements for projects that include standard FFAs, replacing clause 2 of Schedule 9 as part of the rationalising of provisions relating to standard and complex FFAs:

• subclause (2) makes a minor amendment to clause 5 for the purpose of clarification:

• subclause (3) inserts new clause 9. The new clause contains further information requirements for projects that include standard FFAs, replacing clause 3 of Schedule 9 as part of the rationalising of provisions relating to standard and complex FFAs:

• subclause (4) amends clause 12 to provide that a notice of requirement must also include a map of the relevant site:

• subclause (5) makes a minor amendment to clause 12 for the purpose of clarification:

• subclauses (6) to (9) make minor amendments to clause 19 for the purpose of clarification:

• subclause (10) amends clause 26 to provide that, if a panel decision document for a resource consent or a designation does not specify the date on which the approval lapses if not given effect, it lapses after 2 years.

Clause 58 amends Schedule 6, which concerns applications seeking approvals relating to the Conservation Act 1987, the Reserves Act 1977, the Wildlife Act 1953, and the National Parks Act 1980, as follows:

• subclause (1) replaces clause 4 so the report referred to is a report under new section 52A, rather than current section 51:

• subclauses (2) to (6) make a minor amendment to clauses 14, 15, 16, and 17 so that information requirements that currently apply to variations and extensions of approvals will also apply to transfers of approvals:

• subclause (7) makes an amendment to clause 23(1)(c) that is consequential to the insertion of new clause 23(1A):

• subclause (8) inserts new clause 23(1A) to require that the description of conservation values required by subclause (1)(c) must also include details of anything registered or noted for conservation purposes on the record of title for the relevant land:

• subclause (9) inserts new clause 24(ea) requiring the information to include a summary of consultation undertaken for the purposes of new section 32A and how that consultation informed the relevant project:

• subclause (10) replaces clause 26(1)(a). New paragraph (a) requires a report about conservation values under section 35(3) also to explain why the exchange of land would benefit the conservation estate and to include details of anything registered or noted for conservation purposes on the record of title for the relevant land:

• subclause (11) amends clause 29(2), which sets out the criteria for a panel decision on Schedule 6 matters. As amended, the subclause speaks of enhancing conservation values, not of land managed by the Department of Conservation, but of conservation areas and Crown-owned reserves considered as a whole:

• subclause (12) inserts new clause 29(2A), which provides that consideration of conservation values of land acquired by the Crown must discount the extent to which the conservation values of that land are affected by anything registered or noted for conservation purposes on the record of title for that land:

• subclause (13) replaces clause 32(1)(b), which concerns costs that must be borne by the applicant for the land exchange. New paragraph (b) makes the clear that those costs are the costs of improvements to the land acquired by the Crown that the panel thinks necessary to enhance conservation values, not of land managed by the Department of Conservation, but of conservation areas and Crown-owned reserves considered as a whole:

• subclause (14) replaces clause 34(3), which concerns the use by the Crown of money received in a land exchange. New subclause (3) makes the clear that the money referred to is money received for the purposes of the panel’s decision under clause 29(2) and that the improvements the money is used for are those that will enhance the conservation values, not of land managed by the Department of Conservation, but of conservation areas and Crown-owned reserves considered as a whole:

• subclause (15) makes a minor amendment to clause 43, consequential to the insertion of new section 52A by clause 33.

Clause 59 amends Schedule 7 by making a number of minor consequential amendments to clauses 1, 3, and 7 of that schedule.

Clause 60 amends Schedule 8 by making a minor amendment to clause 3, consequential to the insertion of new section 52A by clause 33.

Clause 61 makes a number of minor amendments to Schedule 9. Most amendments ensure that the provisions of Schedule 9 apply only to approvals relating to complex FFAs and one amendment is consequential to the replacement of current section 51 with new section 52A.

Clause 62 amends Schedule 11, which applies to approvals relating to the Crown Minerals Act 1991, as follows:

• subclauses (1) and (2) make amendments that are consequential to the replacement of current section 51 with new section 52A:

• subclause (3) replaces clause 20(1)(a), which provides that a mining permit must not be granted unless the panel is satisfied that the deposit was discovered as a result of permitted activities. Under new paragraph (a), the exception is concerned with where the deposit is located, not how it is discovered:

• subclause (4) makes a minor amendment to clause 20(1)(f), aligning its language with the language used in the Crown Minerals Act 1991.