Fast-track Approvals Bill
The Government has proposed a number of changes to the Fast-track Approvals Bill in order to address public concerns following submissions.
The main substantive change is Ministers will no longer have the final say on approving infrastructure projects. Final decisions will be left with the expert panel.
The Minister for Infrastructure will oversee the expert panel and must consult other Ministers, when required, during the referral process.
Expert panels will now include:
- Expertise in environmental matters.
- An iwi authority (when required by Treaty settlements).
- Māori development expertise in place of mātauranga Māori.
Applicants will be required to include information on previous decisions by authorities, including court decisions, in their applications.
Timeframes for comment at the referral and panel stages are to be extended to give parties more time to comment.
The Government says these changes are to keep the balance right between enabling major projects, keeping the one-stop shop nature of the Fast-track Approvals Bill, and giving public confidence that the process is fair and reasonable.
Overview of listed projects released
The Government also released an overview of the 384 projects that have applied to be listed in Schedule 2 of the Fast-track Approvals.
The applications are made up of housing and urban development projects, infrastructure projects, renewable energy projects, primary industries projects, quarrying and mining projects.
Cabinet has received a report from the Independent Advisory Group on the projects put forward for Schedule 2 of the Fast-track Approvals Bill, and is considering which projects should be included in the Bill.
Once the Bill is enacted, these projects can apply directly to an expert panel for the final decision. Other projects can apply for consent through a different channel.
National Policy Statements (NPS)
The Government also aims to deliver four packages of reforms through a second RMA Amendment Bill and new national policy statements. The four packages of reforms can be grouped into four categories:
Infrastructure and Energy
A range of productivity-boosting energy and infrastructure projects including a new NPS for Infrastructure will be supported by this package. The RMA system will also deliver a consistent approach to quarrying and extend the duration of port coastal permits by a further 20 years. This package will also change the National Environmental Standards for Telecommunications Facilities to mirror technological developments, giving greater certainty to telcos and reduce consenting costs.
Housing
This housing package will contain reform to support the Government’s Going for Housing Growth policies. Councils will need to demonstrate compliance with the 30-year Housing Growth Targets but can choose to opt out of the Medium Density Residential Standards. There will be changes to the NPS for Urban Development and Highly Productive Land, and changes will be made to enable better heritage management. New national direction will also be developed to enable granny flats and papakāinga housing.
Farming and the Primary Sector
This package will drive primary sector productivity and give effect to National Party Manifesto promises and coalition agreements. The NPS for Highly Productive Land will also be amended to reflect that indoor primary production and greenhouses are permitted on highly productive land. The amendment will also specify that farmers can build new specified infrastructure such as solar farms on that land.
Emergencies and Natural Hazards
This package will address the risks posed by national hazards including climate change risks, by providing a comprehensive and nationally consistent framework. A new national direction on natural hazards will guide councils on how to identify natural hazards, assess the risk, and how to respond to that risk through planning mechanisms. The second RMA Amendment Bill will also include better emergency provisions to enable rapid responses to disasters.
Looking Ahead
RMA Reform Minister Chris Bishop expects to introduce the second RMA Amendment Bill to Parliament before the end of the year for it to pass into law in mid-2025. The national direction changes which include the updated NPS will follow the same timeline.
If you have any questions about the matters raised in this article, please get in touch with the contacts listed or your usual Bell Gully adviser.