Existing and planned activities

The EEZ Act provides protections for existing and planned activities in the event of an amendment to the regulatory regime.

Existing activities and changes to regulations

An activity which was lawfully established as a permitted activity under the EEZ Act is an ‘existing activity’ where the effects of the activity on the environment remain the same or similar in character, intensity and scale. If the regulations change so that the existing activity requires a marine consent, the activity may continue for 6 months (or a prescribed period) or, if a marine consent is applied for within that 6 month period, until the application is determined. 79  This is similar to the existing activity provision for regional rules in the RMA. 80

Where new regulations come into force which prohibit an activity which was previously lawfully established as a permitted activity or was authorised by a marine consent, the activity may continue for the duration of the consent if applicable or for a period prescribed by regulations. 81

Existing activities and re-consenting

If a marine consent is due to expire and the consent holder applies to the EPA for a new consent for the same activity at least 6 months prior to the expiry of the existing consent, the consent holder may continue to undertake the activity until the application is granted or declined and all appeals are determined. 82

Planned petroleum activities

A planned petroleum activity is an activity for which a permit has been obtained under the Crown Minerals Act 1991 which has not commenced. If a planned petroleum activity was classified as a permitted activity by regulations, and new regulations are promulgated which require a marine consent for the activity, the activity may commence without a marine consent. However the person undertaking the activity must prepare an impact assessment and provide this to the EPA. The activity may then continue for 6 months, or if a marine consent is applied for, until the application is determined. 83

  1. Section 21 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  2. Section 20A Resource Management Act 1991

  3. Section 23 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  4. Section 74 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  5. Section 22 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Last updated at 4:39PM on September 21, 2014