Figure: Summary of Proposals

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Summary of proposed legislation

This flow chart summarises at a high level the detail of the proposals contained in the paper.

The purpose of the legislation is to provide for uses of EEZ resources, and regulating the effects of those uses in order to protect the environment and ensure that any uses (or the effects of those uses, in the case of non-renewable resources) are environmentally sustainable.

The scope is filling gaps in existing legislation re:

• environmental effects on seabed
• environmental effects in water column
• effects of new activities on existing defined interests

The proposed legislation will include a policy statement to set high-level environmental objectives and bottom lines and promote consistent regulation across different legislation.

Outside scope is existing legislation, which continues to regulate effects of fishing, quota management, transport and marine pollution, species protection and allocation of minerals rights.

• Any consequential amendments to existing legislation required to promote consistent regulation and to address cumulative effects will be made.

The operational detail of the legislation will be in regulations with rules that categorise activities by their effects, and standards which will set ongoing conditions for activities.

There will be three categories of activities under the proposed legislation:

• Permitted activities: will usually not need an EEZ consent if the effects fall under defined thresholds and comply with standards in the regulations. There will be the ability, however, to require EEZ consents where multiple activities are having significant cumulative effects. In such cases, the process will be as for discretionary activities.
• Discretionary activities: will require a case-by-case assessment through an EEZ consent of the effects on the environment and on existing defined interests
• Prohibited activities:  cannot be approved by the legislation

For discretionary activities (and permitted activities where they are being treated as discretionary) there will be a decision as to whether an EEZ consent should be granted. There will be appeal rights to the Environment Court.

Governance

This diagram presents the three main governance roles created under these proposals:

• Minister for the Environment: responsible for legislation and regulations, and makes decisions on EEZ consents.
• Ministry for the Environment: administers the legislation and develops the regulations and policy statements.
• EEZ Commissioner: makes recommendations on EEZ consents and is responsible for the day to day operational functions.