Te Herenga Hui
Tapu Te Ranga Marae
24 June 2014
Dealing with Marine Consents
Richard Johnson
Applications Manager, EEZ
Marine Consents and the EEZ Act
A marine consent is required for all activities that
are not identified as permitted activities or
prohibited activities
s20 of the EEZ Act identifies activities that are
restricted in the EEZ and continental shelf
To undertake these activities a marine consent is
needed
Activities Restricted in or on the Sea Bed
the construction, placement, alteration, extension, removal, or
demolition of a structure on or under the seabed:
the construction, placement, alteration, extension, removal, or
demolition of a submarine pipeline on or under the seabed:
the placement, alteration, extension, or removal of a
submarine cable on or from the seabed:
the removal of non-living natural material from the seabed or
subsoil:
the disturbance of the seabed or subsoil in a manner that is
likely to have an adverse effect on the seabed or subsoil:
the deposit of any thing or organism in, on, or under the
seabed:
the destruction, damage, or disturbance of the seabed or
subsoil in a manner that is likely to have an adverse effect on
marine species or their habitat.
Activities Restricted in the Water Column
the construction, mooring or anchoring longterm, placement, alteration, extension, removal,
or demolition of a structure or part of a structure:
the causing of vibrations (other than vibrations
caused by the normal operation of a ship) in a
manner that is likely to have an adverse effect
on marine life:
the causing of an explosion.
Types of Marine Consents
1. Notified Marine Consents
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Sea Bed Mining
Production drilling for oil and gas
Production facilities for oil and gas
Dumping and discharge activities
Noble Bob Douglas
2. Non-notified Marine Consents
• Exploratory drilling
• Dumping and discharge activities
OMV New Zealand Ltd (OMV) is currently drilling in the Maari field
Statutory timeframe for processing
notified EEZ applications
The Publicly Notified Marine Consent
Process Timeline
Statutory timeframe for processing nonnotified EEZ applications
Who Makes the decisions?
Publicly notified marine consents
 Decision-making Committee
 Board of Inquiry for consents with Regional Councils
Non-notified Marine consents
 Decision-making Committee (exploratory drilling)
 EPA staff by delegation for dumping and discharge
Decision-making Committees
appointed by the EPA Board
up to five members
must have at least one EPA Board member
specific skills and knowledge
delegated the statutory function and powers to
consider, hear and decide
Information for Decision Making
Applicant’s proposal description, Impact
Assessment and technical reports
Submitters evidence and technical reports
EPA information
• s42 Further information requests to applicant at any time up to
close of a hearing
• s44 independent technical reports and advice
• s44 EPA Organisation report
Framework for decisions (1)
The EPA must take into account—
any effects on the environment or existing
interests
effects on human health
the importance of protecting the biological
diversity and integrity of marine species,
ecosystems, and processes
the importance of protecting rare and vulnerable
ecosystems and the habitats of threatened
species
Framework for decisions (2)
the economic benefit to New Zealand
the efficient use and development of natural
resources
the nature and effect of other marine
management regimes
best practice in relation to an industry or activity
Framework for decisions (3)
the extent to which imposing conditions under
section 63 might avoid, remedy, or mitigate the
adverse effects of the activity
relevant regulations
any other applicable law
any other matter the EPA considers relevant and
reasonably necessary to determine the
application.
Information Principles
When considering an application for a marine consent, the
Environmental Protection Authority must—
(a) make full use of its powers to request information from the
applicant, obtain advice, and commission a review or a report;
and
(b) base decisions on the best available information; and
(c) take into account any uncertainty or inadequacy in the
information available.
(2) if, in relation to making a decision under this Act, the
information available is uncertain or inadequate, the EPA must
favour caution and environmental protection.
(3) if favouring caution and environmental protection means that
an activity is likely to be refused, the EPA must first consider
whether taking an adaptive management approach would allow
the activity to be undertaken
Decisions
The decision on a marine consent can be
1. Approved without conditions
2. Approved with conditions
3. Declined
The applicant or any submitter may appeal the
decision to the High Court on a point of law within
15 working days of receiving the decision.
Questions?
Useful links for further information
www.epa.govt.nz