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 long- term, 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 Sea Bed Mining Production drilling for oil and gas Production facilities for oil and gas Dumping and discharge activities 2. Non-notified Marine Consents Exploratory drilling Dumping and discharge activities OMV New Zealand Ltd (OMV) is currently drilling in the Maari field Noble Bob Douglas

Statutory timeframe for processing notified EEZ applications

The Publicly Notified Marine Consent Process Timeline

Statutory timeframe for processing non- notified 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