Transitional provisions

The EEZ Act sets up transitional measures for existing activities and planned petroleum activities.

Where an existing lawfully established petroleum activity requires a marine consent, as a result of the EEZ Act coming into force, an impact assessment must be prepared and provided to the EPA within 2 months. If the impact assessment is accepted by the EPA as complete the activity may continue for a further 6 months or until 1 May 2013 (whichever is the latest) or, if a marine consent is applied for within that time, until the application and any appeals are determined. 206  Existing petroleum structures and pipelines may continue without a marine consent for the term of the mining permit. 207

Where any other existing lawfully established activity requires a marine consent as a result of the EEZ Act coming into force, the activity is allowed to continue on a transitional basis only if the effects of the activity on the environment and existing interests are the same or similar in character, intensity and scale as the effects that existed prior to the EEZ Act entering into force. In those circumstances the activity may continue for a further 6 months or until 1 May 2013 (whichever is the latest) or, if a marine consent is applied for within that time, until the application and any appeals are determined.

Where a lawfully established existing activity becomes prohibited as a result of the EEZ Act entering into force the activity may continue for a period prescribed in regulations.

Minerals prospecting and exploration authorised by a licence granted under the Continental Shelf Act 1964 may commence and continue for the term of the licence, even if it requires a marine consent as a result of the EEZ Act coming into force.

Where a planned petroleum activity 208  requires marine consent as a result of the EEZ Act coming into force, an impact assessment must be prepared and provided to the EPA before the activity may commence. If the impact assessment is accepted by the EPA as complete, the activity may continue for a further 12 months or until 1 May 2014 (whichever is the latest) or, if a marine consent is applied for within that time, until the application and any appeals are determined. 209

  1. Section 161 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  2. Section 162 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  3. An activity involved with the exploration, prospecting, or mining for petroleum if, (a) before the Act comes into force, the exploration, prospecting, or mining was authorised by a permit granted under the Crown Minerals Act 2991 or an existing privilege under Clause 12 Schedule 1 of that Act, and, the activity had not commenced before the Act comes into force.

  4. Section 166 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Last updated at 4:47PM on September 21, 2014