In December 2024, the Fast-track Approvals Act 2024 (FTA) became law and applications can be lodged from 7 February 2025. 

The Fast-track Approvals Act ‘replaces’ the COVID-19 Recovery (Fast Track Consenting) Act 2019 and includes listed projects and a pathway for projects to apply to be processed under the Act. There are 15 listed projects in Otago and a number that will apply to use this process.

The new Act covers the processing of a range of permissions from a number of agencies, including consents required from Regional Councils. Council will be the Compliance Authority for any regional consents issued. 

The Ministry for the Environment (MfE) and Environmental Protection Authority (EPA) will administer the process, with involvement from the Minister for Infrastructure. Under the Act there is limited opportunity for Local Authority involvement in short timeframes and limited public participation. 

More information on the process can be found here.

The FTA is a “one stop shop” approvals process across a range of regulatory bodies, including Regional Councils to deliver infrastructure and development projects with “significant regional or national benefits”. Although, the legislation is very similar to the previous Act there are some changes to how and when Applicants engage with Councils; timelines and level of participation from Council. 

Projects can go through the Fast-track process via two pathways, they are “listed” in the Act or they can apply to be “referred” by the Minister for Infrastructure. 149 projects have been listed nationally. Applicants for those projects can lodge their application with the EPA from 7 February 2025.

There are 15 listed projects in the Otago region. These projects include housing land development (9), renewable energy (3), aquaculture (1) and mining (2).

The listed projects can be found here.

Projects that have not been listed, can apply to be referred through the Fast Track process from 7 February 2025 if they meet the criteria in the Act, including if they have significant regional or national benefit. 

For both pathways under the Act, the Applicant writes an assessment of environmental effects; policy assessment against relevant plans and rule assessment. Most of the work on the application is undertaken by the Applicant, EPA, MFE and the Expert Panel. Council’s role in the process is limited and heavily prescribed in the Act. Council then becomes the compliance authority for any approved consents. 

As set out in the Act, none of the applications will be publicly notified and there will be no right to lodge a submission. This is different to the process available under the Resource Management Act. Council, along with other affected persons (as determined by the panel under section 53 of the Act or a Minister), iwi, relevant ministers and government departments will be invited to ‘comment’ on the application. 

For listed applications, before they lodge substantive applications with EPA, the Applicant must have completed consultation as required in the Act. This includes: 
•    Pre-consultation with relevant agencies, which includes Regional Councils; 
•    Notifying Councils of an intention to lodge a substantive application; and 
•    Further steps if the application is regarding aquaculture. 

Before lodging referral applications where they want to use the fast track pathway, the Applicant must consult with relevant iwi authorities, treaty settlement entities, hapu and the relevant administering agency responsible for the following Acts: 
•    the Conservation Act 1987 
•    the Crown Minerals Act 1991 
•    the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 
•    the Heritage New Zealand Pouhere Taonga Act 2014 
•    the National Parks Act 1980 
•    the Reserves Act 1977 
•    the Resource Management Act 1991 (this includes Regional Councils) and 
•    the Wildlife Act 1953 

Once a referred or listed project is formally lodged with the EPA, the EPA will seek comments from Councils, various Ministers and others. The panel will also include any other parties the Minister consider relevant. 

The panel will seek comments from the relevant authorities with a 20 working day timeframe to respond.

Given the scale and scope of a number of these applications and the level of information involved this is a short timeframe. The panel may hold a hearing and/or request further information. The panel will invite comments on draft conditions and make a decision on whether the project can go ahead. 

You can fill in this fast-track consent pre-application form.

You can also contact: consent.enquiries@orc.govt.nz