One-stop-shop for major projects
In March this year the Government delivered on its promise to introduce a fast-track consenting regime, with the Fast-track Approvals Bill (Bill). The Bill would establish ‘a one-stop-shop’ for many of the approvals necessary to progress major infrastructure and development projects. It would allow one application to be lodged and considered by one decision-making body, which would provide approvals under all the other relevant legislation provided in the one-stop-shop.
RMA Minister Chris Bishop stated that the Bill is based on the RMA fast track regime developed by the previous government, but that it is “far more extensive in its scope and will be far more effective.” He also cited a recent report by the Infrastructure Commission which showed that since 2014, the cost for consenting infrastructure projects had increased by 70 per cent and the time taken by upwards of 150 percent.
Approvals covered in the Bill include those under the Resource Management Act, Conservation Act, Wildlife Act, Freshwater Fisheries Regulations, Reserves Act, Heritage New Zealand Pouhere Taonga Act, Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act, Crown Minerals Act, Fisheries Act, and Public Works Act 1981 (to take or deal with land).
To access the fast-track approvals process (FTA process) there are one of two paths: either by applying to be referred by the joint Ministers (Minsters of Infrastructure, Regional Development and Transport), or by being listed in Schedule 2 of the Bill. Two types of projects will be listed in Schedule 2: Part A listed projects, which will automatically be referred to the FTA process to be assessed by an expert panel (EP), and Part B listed projects, which will need to be considered by the joint Ministers for referral to an EP. An independent Fast-Track
Projects Advisory Group has been setup to make recommendations to the joint Ministers on projects to be listed in Schedule 2. Any person or organisation can apply through the Ministry for the Environment portal to have their project listed in Schedule 2.
To determine if a project can be fast-tracked, the joint Ministers would assess projects against criteria set out in the Bill, including whether the project would have significant regional or national benefits. Projects considered would include those that would deliver regionally or nationally significant infrastructure, increase the supply of housing, support primary industries, support development of natural resources, or address significant environmental issues.
An EP with the skills and knowledge needed to assess the merits of an application would be appointed for each project. The EP would make recommendations (within a 6-month timeframe) to the joint Ministers who would then determine whether a project should be approved or declined. In making their decision the joint Ministers must seek and consider comments from other Ministers, local government, and relevant Maori groups.
The joint Ministers can deviate from the EP’s recommendations provided they have analysed the recommendations and conditions included in accordance with the relevant assessment criteria in the Bill. They may also refer a project back to the EP for reconsideration.
The Bill passed its first reading on 7 March and is now with the Environmental Select Committee for review, with a report due back by 7 September 2024.
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