Permitted activities

Seismic surveying

Seismic surveying is permitted if the person undertaking the seismic surveying complies with the Department of Conservation’s 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations. ⁸⁸

The Code of Conduct defines Level 1, Level 2 and Level 3 surveys and requires mitigation actions which are commensurate to the level of risk.

Level 1 surveys involve high-power acoustic sources such as large-scale geophysical investigations employed in oil and gas exploration activities. These are subject to stringent requirements, which include the following:

• Generally, the Department of Conservation must be notified in writing at least three months in advance of the survey commencing.
• A Marine Mammals Impact Assessment must be prepared. Particular attention must be given to ‘Areas of Ecological Importance’, which include marine mammal sanctuaries. Areas of Ecological Importance are identified on the Department of Conservation website. A core component of the planning process is to limit surveys to the lowest practicable power levels that will achieve the geophysical objectives of the survey. There is no formal approval process but the Director-General will determine if the impact assessment is sufficient for the purposes of the Code of Conduct.
• Two qualified marine mammal observers must be on board at all times. At least one must be on watch when the acoustic source is in the water. Seismic survey vessel crew cannot be considered qualified observers.
• Passive Acoustic monitoring (detects vocalising cetaceans) is required, along with two passive acoustic monitoring observers.
• The source cannot be activated until visual observations and passive acoustic monitoring for at least 30 minutes indicate no marine mammals are present.
• All sightings of marine mammals must be recorded and reported to the Department of Conservation. Additional measures may be required if the number of cetaceans encountered is greater than predicted.
• Start up will be delayed or the source shut down if an observer detects a cetacean with a calf within 1.5 km of the source, a ‘Species of Concern’ (which are listed in Schedule 2 of the Code of Conduct) within 1 km of the source, or any marine mammal within 200 m of the source.

Level 2 surveys are lower scale seismic investigations such as those associated with scientific research. These are subject to the same general mitigation requirements as Level 1 surveys subject to some differences such as:

• Seismic survey vessel crew can be considered qualified observers.
• Passive acoustic monitoring is optional.
• Start up will be delayed or the source shut down if an observer detects a cetacean with a calf within 1 km of the source, a ‘Species of Concern’ (which are listed in Schedule 2 of the Code of Conduct)  within 600 m of the source, or any marine mammal within 200 m of the source.

Level 3 surveys are small scale and have noise levels lower than commercial shipping. They are not subject to the provisions of the Code of Conduct.

Scientific research, prospecting and exploration

The EEZ regulations permit marine scientific research, prospecting for petroleum and minerals and exploration for petroleum and minerals (excluding drilling for petroleum) subject to the requirement that the party undertaking the activity must: ⁸⁹

-  Notify the EPA of the activity at least 40 working days before the activity commences
-  Notify iwi, hapū, customary marine title groups and protected customary rights groups at least 25 working days before the activity commences\
-  Provide the EPA with a report detailing the notification to those groups, any response received, and the outcome of any dialogue entered into at least 5 working days before the activity commences
-  Provide the EPA with details of any change that is proposed to the activity as a result of the notification process at least 5 working days before the activity commences
-  At least 5 working days before commencing the activity, carry out an initial environmental assessment and provide this to the EPA with a sensitive environments contingency plan

Sensitive environments contigency plan

The initial environmental assessment  and sensitive environments contingency plan must describe the activity, the location of the activity, the environment likely to be encountered, any sensitive environments, methods to be used to undertake the activity, and in relation to any sensitive environment– assess the feasibility of carrying out the activity in another locations, and the feasibility of measure to reduce the amount of contact with the seabed, carry out alternative lower impact activities, change the methods of operation to lower the impact of the activity on the environment)

-  Notify the EPA within 24 hours of the date on which the activity is commenced
-  Maintain a log book that includes details of the person(s) carrying out the activity, the activity, the location, every sensitive environment encountered including likely effects and measures taken to avoid, mitigate or remedy adverse effects, or a description of area if no sensitive environments are found
-  Ensure all reasonable measures are taken to avoid, mitigate or remedy adverse effects of the activity on any sensitive environment encountered
-  Ensure no more material is removed from the seabed or subsoil than is reasonably necessary to undertake the activit
-  Ensure no person sells any non-living natural material removed from the seabed or subsoil for the purpose of the activity
-  Notify the EPA within 24 hours of completing the activity
-  Provide the EPA with a post-activity report detailing the activity undertaken, the dates, the location, estimates of the activity’s environmental footprint (including an estimate of volume of material removed), a description of and the location of every sensitive environment encountered, details of action taken to avoid, remedy, mitigate adverse effects of the activity on every sensitive environmental encountered and the reasons for choosing those actions

Permitted marine structures

The EEZ regulations permit the maintenance or repair of a marine “structure” (which includes buildings, equipment and devices but does not include submarine pipeline). ⁹¹  The alteration, extension or removal of a marine structure is also permitted if the person undertaking the activity:

-  Notifies the EPA at least 40 working days before the activity commences
-  Notifies iwi, hapū, customary marine title groups and protected customary rights groups at least 25 working days before the activity commences
-  Provides the EPA with a post-activity report detailing the activity undertaken, the dates, the location, estimates of the activity’s environmental footprint (including an estimate of volume of material removed).

Submarine cables

The EEZ regulations permit the placement of a submarine cable on or under the seabed, or the removal of a submarine cable from the seabed, provided the person undertaking the activity: ⁹²

• Notifies the EPA at least 40 working days before the activity commences
• Notifies iwi, hapū, customary marine title groups and protected customary rights groups at least 25 working days before the activity commences
• Notifies the EPA within 24 hours of the date on which the person commences the activity
• Notifies the EPA within 24 hours of the date on which the person completes the activity concerned
• Provides the EPA with a post-activity report detailing the activity undertaken, the dates, the location, estimates of the activity’s environmental footprint (including an estimate of volume of material removed)

General requirements for permitted activities

The EPA must notify iwi, hapū, customary marine title groups and protected customary rights groups as soon as practicable when they receive notice that a permitted activity has commenced or has been completed. ⁹³

The regulations also require the EPA to monitor permitted activities to determine whether they are being undertaken in accordance with any conditions imposed by the Permitted Activities regulations. ⁹⁴

Last updated at 12:04PM on December 22, 2014