Review of marine consent conditions or duration

The EPA may review the duration or the conditions of a marine consent: ¹⁹⁶

1. At any time specified in the consent to deal with any adverse effects on the environment or  for any other purpose specified in the consent
2. To ensure the conditions are consistent with regulations prescribing standards, methods or requirements
3. To deal with adverse effects on the environment that were not anticipated when the consent was granted or are of a scale or intensity that was not anticipated when the consent was granted
4. If the information provided by the applicant to the EPA contained inaccuracies that materially influenced the decision made on the application and the effects of the activity are such that more appropriate conditions are required
5. If information becomes available to the EPA that was not available when the consent was granted and shows that more appropriate conditions are required
6. If required by an order made following a person being convicted of an offence

The circumstances which allow the EPA to review consent duration or conditions are wider than the circumstances which allow a consent authority to undertake a review under the RMA. In particular, categories 3 and 5 above are not available under the RMA. This reflects the greater level of uncertainty in environmental management in the EEZ and CS.

After serving notice of its intention to review the consent conditions on the consent holder, the EPA must give public notice of its review ¹⁹⁷  unless the review is limited to minor changes to the conditions of a consent ¹⁹⁸

The review then proceeds in much the same manner as a hearing for a marine consent.

The EPA may change a condition, cancel a condition or impose a new condition. The EPA may cancel a consent if the review was commenced for any of the reasons identified at 3, 4, 5 or 6 above and the activity has significance adverse effects on the environment or existing interests. ¹⁹⁹

The EPA may extend the duration of a consent only if monitoring of the effects shows that the effects are minor or may be avoided, remedied or mitigated by imposing conditions. The EPA may shorten the duration of a consent only if the effects of the activity, or the scale or intensity of the effects, were not anticipated when the consent was granted and shortening the duration is the only way to avoid, remedy or mitigate the effects appropriately. In any case the duration of the marine consent cannot extend beyond 35 years. ²⁰⁰

The consent holder can also request the EPA to change or cancel a condition on marine consent. This application is determined in the same manner as an application for marine consent, unless it is limited to minor matters. It must be publicly notified unless it only affects some of the original submitters or existing interests or relates to minor matters. ²⁰¹

Lapse and cancellation

A marine consent lapses on the date specified in the consent or 5 years after the commencement of the consent unless the consent is given effect to or the EPA grants an extension. ²⁰²

A marine consent may be cancelled by the EPA if it has been exercised in the past but has not been exercised during the preceding five years. ²⁰³

Transfer of marine consents 

A marine consent may be transferred to another person, but not to another location. ²⁰⁴

Last updated at 4:19PM on September 24, 2014