Select Committee reports back on the Fast Track Approvals Bill

The Fast Track Approvals Bill has emerged from the Environment Select Committee with a number of key changes, most are minor adjustments aimed at improving process efficiency. A summary of these are detailed below. Key Changes:

Referral Process: The referring Minister must seek comments from the Minister for the Environment and relevant Ministers on all applications, enhancing environmental input.
Significant Projects Definition: Projects that benefit regional or national infrastructure, including maintenance, qualify for the fast-track approvals process.
Panel Composition: The requirement for an iwi-nominated member has been removed, with the local authority nominee as the sole mandatory member. Iwi can still influence nominations through Treaty settlements, though protections are reduced.
Lapse Date Extension: The lapse date is now extended from two years to a Panel-specified date, defaulting to five years, accommodating large-scale projects.
Decision-Making Timeframe: The standard 25 working days remains, but Panels can extend this, reducing the risk of declines due to information gaps.
Specific Decision-Making Criteria: Panels can decline approvals for significant “adverse impacts” that outweigh the Act’s purpose and must avoid overly burdensome conditions.
The removal of the power of Ministers to make the final decision on projects.
Clarification around Panel expertise, which now requires knowledge, skills, and expertise relevant to the approvals sought in the substantive application, in environmental matters and te ao Māori and Māori development; and requiring information on past decisions to be included in referral applications.

What Has Not Changed

Expansion of Bill’s Application: The Committee rejected calls to include private plan change applications.
Environmental Protections: The decision-making hierarchy remains unchanged, still prioritizing infrastructure and development over environmental considerations.
Commenting Parties: The list of parties invited to comment on resource consent applications remains the same, excluding community groups and NGOs.

Projects Using Fast-Track The Government’s list of 149 significant projects emphasizes housing and land development (39%), infrastructure deficit reduction (29%), and energy security (15%). Some controversial projects have raised environmental concerns. Many are expected to submit applications quickly, depending on the EPA’s panel formation. The Government is reviewing the fees framework, which may impact efficiency, while local authorities can recover costs for information requests. The Bill is set for a second reading in Parliament in November, with plans for it to be passed by year-end. Once it receives Royal assent, the Act will enable listed projects to apply to the EPA for expert panel assessments and conditions. Perspective Consulting is at the forefront of these changes and can help navigate these changes for you.