Steps by the Environmental Protection Authority after substantive application lodged

After the Environmental Protection Agency decides that an application is complete and within scope additional steps apply to certain substantive applications.

1.    If there is more than one application or consent for the same resource 

Within 10 working days after deciding that a substantive application is complete and within scope (see process for accepting substantive applications section), the Environmental Protection Agency must consult with relevant administering agencies and consent authorities and recommend to the Minister: ^{46340453-9cf3-43a9-881c-1ce29a2d4e20}

•  Whether a substantive application has any competing applications.  If the Minister decides that the substantive application has a competing application, the Minister must advise the relevant consent authority or administering agency and the applicant. The Minister must be notified when the competing application has been determined and any appeal rights exhausted.  In these circumstances, the EPA must not provide the substantive application to the panel convener before the Minister notifies the EPA that a panel may be set up.  
• Whether there are any existing resource consents which would mean that the applicant for a substantive application cannot exercise its consent immediately upon approval (i.e., it would have to wait for the existing consent to expire first) that are not identified in the substantive application.  If the Minister decides that there are existing resource consents, the Environmental Protection Authority must return the application to the applicant who can then apply again later.

2.    If the substantive application involves aquaculture activities 

The Environmental Protection Authority must request a recommendation on an aquaculture decision from the relevant chief executive if a substantive application: ^{b2386de4-3710-4e42-a7ee-80f9c917cec9}

• Seeks approval for a resource consent, or a change or cancellation to the conditions of a resource consent, for aquaculture activities in the coastal marine area; and
• The applicant either does not have a coastal permit to occupy the relevant area or is subject to conditions specified under the Fisheries Act 1996

This request must be made at the same time as the Environmental Protection Authority provides the substantive application to the panel convener. The purpose of the recommendation on an aquaculture decision is to inform a decision on the same by the panel. ^{b4688240-9fbd-4ab4-91ec-da0a750d2368}  

To inform its decision on a recommendation on an aquaculture decision the relevant chief executive can seek information or consult with various parties with fishing interests that may be affected by the application. ^{f4f8f4a8-7a6b-4e13-9d21-15692f18f857} This information gathering or consultation must be done at the same time as a panel seeks feedback on the application and the results must be provided to the panel. 

The relevant chief executive must provide its recommendation on an aquaculture decision within 5 working days of receiving draft conditions of consent from the panel. ^{d26de17c-3e66-4981-bbb0-4fe4d20f0717} The recommendation can include a determination or reservation, or a mix of both. The Environmental Protection Authority must then pass the recommendation to the panel considering the substantive application. (Refer to Schedule 5 section for more).

3.    If the substantive application is a listed project 

If the substantive application is for a listed project the Environmental Protection Authority must request a report on Treaty settlements and other obligations from the responsible agency. This request must be made at the same time as the Environmental Protection Authority provides the substantive application to the panel convener. The responsible agency has 10 working days to provide the report. ^{f2f9b6f7-9791-446a-b197-485dbd84f8b1}   

Last updated at 7:40PM on February 7, 2025