The Fast-track Approvals Bill was introduced by the Government to Parliament on Thursday 7 March 2024.
The purpose of the Bill is to provide a streamlined 'one stop shop' decision-making process to facilitate the delivery of infrastructure and development projects with significant regional or national benefits. Notably this legislation is proposed to be more enabling for development and (in particular) broader in scope than previous fast-track legislation.
Following the introduction of the Bill, the Environment Select Committee (meeting in full and also two subcommittees) commenced six weeks of hearings hearing from 1,100 of the 27,000 submitters. 2,900 requests to speak to the Committee were made, with the Committee deciding to prioritise hearing from organisations and individuals who made unique submissions.
Concurrently a Fast-track Independent Advisory Group was also established to make decisions on what projects should be scheduled in the Bill as listed projects that will either be lodged directly with the Environmental Protection Authority or otherwise require a first step referral decision.
During this time the Bill has garnered a lot of interest and controversy with many submitters criticising the breadth of ministerial powers and limitations on public participation in the 'one stop shop' approvals process.
In response to the issues raised during the Select Committee hearing process, Cabinet has announced that it has agreed to recommend a number of key changes to the Bill to the Environment Select Committee as follows:
-
Projects will be referred to an expert panel by the Minister for Infrastructure alone, who will be required to consult the Minister for the Environment and other relevant portfolio Ministers as part of that referral process
-
Final decisions on projects will no longer sit with Ministers but with the expert panel
-
Expert panels will include expertise in environmental matters; will include an iwi authority representative only when required by Treaty settlements; and will include Māori development expertise in place of mātauranga Māori
-
Applicants will be required to include information on previous decisions by approving authorities, including previous court decisions, in their applications for the referring Minister to consider
-
Timeframes for comment at the referral and panel stages will be extended in order to give parties, including those impacted by a proposed project, more time to provide comments.
The changes recommended respond to some of the key issues raised in submissions, not only from environmental organisations but also developer organisations. The Select Committee is scheduled to issue its report on 18 October 2024 (delayed from 7 September 2024) at which point it will decide whether or not to accept the above changes recommended by Cabinet.
With respect to the work of the Independent Advisory Group, although the draft schedules of listed projects have not yet been released, the Government has revealed that 384 applications were received by the Independent Advisory Group and are made up of:
-
Housing and urban development projects: 40 percent
-
Infrastructure projects: 24 percent
-
Renewable energy projects: 18 percent
-
Primary industries projects: 8 percent
-
Quarrying projects: 5 percent
-
Mining projects: 5 percent.
Cabinet will decide which of the projects will be listed in Schedule 2 of the Bill. They will then be included in a paper to be put before Parliament once the Bill returns to the House after the Select Committee process. Currently the Government anticipates that the Bill will return to the House later this year.
For more information on the contents of the Bill, see our Fast-track consenting 'plus' – buckle up! article.
Our national environment and resource management team has extensive experience in previous fast-track consenting processes under the COVID-19 Recovery (Fast-track Consenting) Act 2020. Our team have not only acted for several applicants on their Fast-track applications but have also been Panel Chairs for several Fast-track applications.
For more information on our Fast-track expertise, please see our credentials. Our team has been closely following the development of this new legislation, and its likely implications and is advising a number of clients who have sought projects to be listed for fast-track consenting. We are therefore well positioned to assist clients on proposed fast-track projects. Please contact a member of our team if you would like to discuss the potential implications of the Bill and what this may mean for your future projects.
