The government has announced changes to its ‘one-stop shop’ consenting and permitting scheme – the Fast-track Approvals Bill, and has released details of the 149 listed priority projects, all while the Bill is still before the Environment Select Committee.
Fast-track consenting – how will it work?
The Bill is a one-stop consenting shop, which aims to streamline the decision-making process for infrastructure and development projects with significant national or regional benefits. The proposed fast track regime is similar to the previous COVID-19 recovery legislation but is more extensive in scope.
The Bill will not replace the resource consenting process under the RMA, but will provide an alternative, faster option to obtain consent for eligible projects. It will also provide concessions and permissions under a range of other legislation such as the Conservation Act 1987 and Crown Minerals Act 1991.
Since its introduction to Parliament, the Bill has received significant attention. Developers and infrastructure alliances are looking to take advantage of the more enabling consenting pathway, whilst environmental interest groups and members of the public have raised concerns over the restrictions on public participation – evidenced by the 27,000 public submissions received.
In response to issues raised during the Environment Select Committee hearing process, government has announced several changes to the Bill.
- Final decisions on projects will no longer sit with the “joint Ministers” and instead will rest with an expert panel consisting of members with relevant technical and environmental expertise, and iwi representation when required by Treaty settlements, softening concerns around the level of power placed in the hands of the joint Ministers.
- The Minister for Infrastructure, after consulting the Minister for Environment and other relevant Ministers, now has the role of referring projects to the expert panel.
- Applicants will be required to disclose and include detail on earlier decisions, including where consent has been declined.
- Timeframes for comment at both the referral and panel stages will be extended. Parties which the expert panel considers are directly impacted by a proposed project will be afforded more time to provide feedback, increasing public involvement in the process.
The Environment Select Committee report is expected on 18 October, the Bill is due for its second reading in November and is on (fast) track to be passed by the end of the year.
What projects are eligible?
Earlier in the year, applications were open for projects to be included as “listed projects” under Schedule 2 of the Bill. Out of 384 applications, government has selected 149 projects that once the Bill is passed will be eligible to immediately apply to the Environmental Protection Authority to have an expert panel assess the project and apply relevant conditions. Details of the listed projects has until recently been a tightly kept secret.
The 149 listed projects comprise 44 housing development projects, 43 infrastructure projects, 7 aquaculture and farming projects, 22 renewable energy projects, and 11 mining projects. The majority of listed projects are located in Auckland region (28), with Canterbury coming in second (22).
A government fact sheet outlining the listed projects by sector and region can be found here.
A fast-track consenting route remains open for projects not specifically listed in the Schedule to the Bill. Eligibility criteria includes:
- Whether referring the project is consistent with the purpose of the Bill, in that it will facilitate the delivery of infrastructure and development projects with significant regional or national benefits;
- Whether access to the fast-track process will enable the project to be processed in a more timely and cost-efficient way than under normal processes;
- The impact referring the project will have on the efficient operation of the fast-track process;
- Whether the project would have significant regional or national benefits; and
- Whether the application contains sufficient information to inform the referral decision.
A range of factors will be considered in determining whether a project will have significant regional or national benefits, including whether it will increase the supply of housing, deliver economic benefits, support climate change mitigation or adaptation, support primary industries, or deliver regionally or nationally significant infrastructure. These factors are much wider-ranging than the previous fast-track regimes, and will allow the legislation to operate in the long-term, and future proof NZ’s needs and challenges.
