Environmental Preservation Bill

1. Title

This Act is the Environmental Preservation Act 2018

2. Commencement

This Act comes into force the day after it receives the Royal Assent.

Part 1: Amendments to the Crown Minerals Act 1991

3. Principal Act

This Part amends the Crown Minerals Act 1991 (the principal Act)

4. Section 1A amended (Purpose)

Replace section 1A(1) with the following-

• (1) The purpose of this Act is to manage prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand and to promote health and safety, sustainability and the protection of the environment in these activities.

5. Schedule 4 amended (Land to which access restrictions apply)

In Schedule 4, replace clause 5 with the folowing-

• 5. Any conservation area declared under section 18AA or 18(1)of the Conservation Act 1987.

6. Section 25 amended (Grant of permit)

In section 25, after subsection (6), insert the following new subsection (6A)-

• (6A) The Minister must not grant a permit of any kind in respect of a Crown owned mineral or petroleum in any Crown owned land described in Schedule 4, or internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) described in Schedule 4, or land of the common marine and coastal area described in Schedule 4.

7. Section 61 amended (Access arrangements in respect of Crown land and land in common marine and coastal area)

• (1) In section 61(1A), repeal paragraphs (a) to (c).
• (2) Repeal section 61(1A)(2).
• (3) Repeal section 61(3)
• (4) Repeal section 61(2)(da).
• (5) Repeal section 61(1AA).
• (6) In section 61(1)(c), replace "activities." with "activities:", and after pargraph (c/), insert:

• (d) an initial access arrangement in relation to a Tier 1 permit:
• (e) a variation to an existing access arrangement in relation to a Tier 1 permit if the variation is to allow

• (7) In section 61(1A), delete ", or the Minister and the Minister of Conservation, as the case may be,".
• (8) In section 61(2), delete ", or the Minister and the appropriate Minister, as the case may be,".
• (9) In section 61(2)(e), delete ", or the Minister and the appropriate Minister, as the case may be, consider".

8. Section 61C amended (Public notification of certain access arrangements)

In section 61C(3)(c), delete "and, if the application relates to a matter to which section 61(1AA) applies, to the Minister".

9. Sections 101A to 101C repealed

Repeal section 101A, 101B, and 101C.

Part 2: New Zealand Ocean Sanctuary

10. Interpretation

In this Act, uncless the context otherwise requires,-

designated iwi authorities refers to the iwi authorities listed under Schedule 3

disturb includes excavate, drill, tunnel, or dredge

dumping-

• (a) means-
  • (i) any deliberate disposal into the sea of waste or other matter from ships, aircraft, and structures at sea; and
  • (ii) any deliberate disposal into the sea of ships, aircraft, and structures at sea; and
  • (iii) any storage of waste or other matter in the seabed and the subsoil of the seabed from ships, aircraft, and structures at sea; and
  • (iv) any abandonment or toppling at the site of structures at sea for the sole purpose of deliberate disposal; but
• (b) does not include-
• (i) the disposal into the sea of waste or other matter incidental to, or derived from, the normal operations of ships, aircraft, and structures at sea and their equipment, other than waste or other matter transported by or to ships, aircraft, and structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such waste or other matter on such ships, aircraft, and structures; or
  • (ii) placement or abandonment of matter for a purpose other than the mere disposal of it

EEZCS Act means the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

exclusive economic zone means the exclusive economic zone of New Zealand as defined in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

marine scientific research-

• (a) means research carried out for the purpose of increasing knowledge about the environment, marine resources, or living marine organisms; and
• (b) includes any related scientific activity; but
• (c) excludes any research carried out in relation to a mining activity.

Minister means the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

the sanctuaries means the sanctuaries defined under Section 3

11. Sanctuaries established

• (1) The area described in Schedule 1 is established as the South Taranaki Bight Ocean Sanctuary.
• (2) The area is described in Schedule 1 as follows:
  • (a) Part 1 of Schedule 1 contains a map that shows the general location of the sanctuary
  • (b) Part 2 of Schedule 1 describes the geographical boundaries of the sanctuary.
• (3) The area described in Schedule 2 is established as the Kermadec Ocean Sanctuary.
• (4) The area is described in Schedule 2 as follows:
  • (a) Part 1 of Schedule 2 contains a map that shows the general location of the sanctuary
  • (b) Part 2 of Schedule 2 describes the geographical boundaries of the sanctuary.

12. Activities prohibited in the sanctuaries

• (1) No person may undertake any of the activities described in subsection * (2) in the sanctuaries (but see section 5).
• (3) The prohibited activities are as follows:
  • (a) fishing:
  • (b) a mining activity:
  • (ϲ) the disturbance of, or the removal of living or non-living natural material from, the seabed or subsoil:
  • (d) the dumping of waste or other matter (including from ships, aircraft, or structures):
  • (e) the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have an adverse effect on marine life:
  • (f) seismic surveying.

13. Activities to which prohibition does not apply

• (1) The undertaking of an activity for the purposes of marine scientific research is not prohibited by section 4 if the activity is-
  • (a) covered by an authorisation granted by the EPA under this Act; and
  • (b) undertaken in accordance with the terms and conditions set out in regulations (if any) or imposed by the EPA on the authorisation in granting, changing, or reviewing the authorisation.
• (2) In addition, the prohibition in section 4 does not apply to the following activities:
  • (aa) any action taken under the Biosecurity Act 1993 in an attempt to eradicate or manage an organism:
  • (a) any of the following activities permitted or authorised under the EEZCS Act:
  • (i) the construction, placement, alteration, extension, removal, or demolition of a submarine pipeline on, from, or under the seabed:
  • (ii) the placement, alteration, extension, or removal of a submarine cable on or from the seabed:
  • (iii) seismic surveying for the purposes of marine scientific research:
  • (iv) dumping under an emergency dumping consent issued under section 20H of that Act:
  • (v) any other activity permitted or authorised under that Act in connection with another activity covered by any of subparagraphs (i) to (iv):
  • (b) any action taken under an exemption from Part 2 of the EEZCS Act granted under section 7B of the Biosecurity Act 1993 or continued under regulations made under the Biosecurity Act 1993:
  • (ϲ) any of the following activities done under the Maritime Transport Act 1994:
  • (i) anything done by or on behalf of a person under any of sections 248, 249, 255, 305, 310, and 311 of that Act:
  • (ii) anything done under any instructions permitted to be issued or directions permitted to be given under any of those sections.
• (3) Any term or expression used in subsection (2), but not defined in this Act, has the meaning given to it in the Biosecurity Act 1993 (in the case of subsection (2) (aa)) or the EEZCS Act or regulations made under that Act (in the case of subsection (2) (a) and (b)) or the Maritime Transport Act 1994 (in the case of subsection (2) (c)).

14. Application for authorisation for marine scientific research

• (1) A person may apply to the EPA for an authorisation to undertake an activity for the purposes of marine scientific research in the sanctuaries if intending to conduct research that involves an activity prohibited by section 4.
• (2) A research applicant must, before applying for an authorisation,-
  • (a) inform the designated iwi authorities of the proposal and seek their views on it; and
  • (b) give the designated iwi authoirties a reasonable opportunity to provide their views on the proposal.
• (3) The application for an authorisation must-
  • (a) be made in the prescribed form; and
  • (b) describe each activity (in sufficient detail to enable an informed assessment of the proposed nature, extent, timing, location, and effects of the activity), state who will undertake the activity, and describe the purposes of the marine scientific research.
• (4) If the EPA considers that the application does not provide sufficient information to make a decision on the application, the EPA---
  • (a) must not make a decision on the application; and
  • (b) must refer the application back to the research applicant identifying the additional information that the EPA needs to make a decision.
• (5) For the purposes of informing its consideration of the application, the EPA-
  • (a) must seek advice from the Director-General; and
  • (b) may seek advice from any other person it thinks fit.
• (6) If the EPA proposes to decline the application, the EPA must---
  • (a) notify the research application in writing of the EPA's proposed decision and its reasons; and
  • (b) give the research applicant a reasonable period within which to respond; and
  • (ϲ) consider any response made by the research applicant within that period.
• (6) The EPA must notify the research applicant in wirting of its final decision on the application.
• (7) The EPA may review the terms and conditions at any time.

15. Establishment of Conservation Boards

• (1) The South Taranaki Bight Conservation Board and the Kermadec Conservation Board are both established, and must be treated as established, under section 6L(1) of the Conservation Act 1987.
• (2) Both Conservation Boards-
  • (a) are Conservation Boards under the Conservation Act 1987 with jurisdiction over the sanctuary; and
  • (b) must carry out, in the respective sanctuary, the functions specified in section 6M of that Act; and
  • (ϲ) has the powers conferred by section 6N of that Act.
• (3) The Conservation Act 1987 applies to both Conservation Boards with the following modifications:
  • (a) section 6L(2) and (3) (relating to the name and area of a board) does not apply:
  • (b) section 6P(1) to (7D) (relating to membership) does not apply:
  • (ϲ) section 6R(2) (relating to membership) does not apply to an appointment made under subsection (4)(a) or (b):
  • (d) section 6S(1) (relating to the chairperson) does not apply.
• (4) The South Taranaki Bight Conservation Board consists of 7 members appointed by the Minister as follows:
  • (a) 1 member appointed on the nomination of the South Taranaki Council Iwi Liason Committee:
  • (b) 1 member appointed on the nomination of Greenpeace:
  • (ϲ) 1 member appointed on the nomination of the Minister of Māori Affairs
  • (d) 4 members appointed by the Minister.
• (5) The Kermadec Conservation Board consists of 7 members appointed by the Minister as follows:
  • (a) 1 member appointed on the nomination of the trustees of Te Manawa:
  • (b) 1 member appointed on the nomination of the trustees of Te Rūnanga Nui:
  • (ϲ) 1 member appointed on the nomination of the Minister of Māori Affairs
  • (d) 4 members appointed by the Minister.
• (6) The Minister must appoint one of each Board's members to be the chairperson of that Board.

16. Regulations

• (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
  • (a) providing for additional requirements for applications, and the process for consideration and granting of applications, for authorisation or for changing the authorisation, and the process for review by the EPA of terms and conditions of authorisation (including forms, any minimum periods for response, and the matters to be specified in authorisations):
  • (b) specifying terms and conditions that apply to marine scientific research undertaken (after the commencement of the regulations specifying those terms and conditions) under an authorisation granted (before or after that commencement) by the EPA under this Act:
  • (ϲ) for the purpose of recovering so much of the costs of the performance of the EPA’s functions as is not provided for by money appropriated by Parliament for that purpose, by-
  • (i) requiring the payment to the EPA of fees and charges by applicants for authorisations under the Act in connection with the performance of those functions:
  • (ii) prescribing the amounts of those fees and charges or the method by which those fees and charges must be calculated or ascertained (including, without limitation, hourly charges):
  • (iii) authorising the EPA to require payment of any costs incurred by the EPA in connection with those functions:
  • (d) providing for any other matters contemplated by this Act and, necessary for its administration, or necessary for giving it full effect.

Schedule 1

Part 1

Map showing general location

Map

Part 2

Description of geographic boundaries

A rectangular area- * (a) from 40°10'S and 172°0'E; and * (b) extending from that point to the shore no further south than 40°48'S and 175°6.6'E.

Schedule 2

Part 1

Map showing general location

Map

Part 2

Description of geographic boundaries

An area enclosed by a line-

• (a) commencing at the easternmost point of the exclusive economic zone boundary nearest 34°22.10′S and 179°29.60′E; and then
• (b) heading in generally north-westerly, northerly, easterly, and southerly directions along the boundary of the exclusive economic zone to the westernmost point of the exclusive economic zone boundary nearest 34°34.20′S and 179°51.20′E179°51.20′W; and then
• (ϲ) proceeding in a generally westerly direction directly to the point of commencement.

Schedule 3

Designated iwi authorities

• (1) For the South Taranaki Bight Ocean Sanctuary, the designated iwi authority is Ngaa Rauru Kiitahi.
• (2) For the Kermadec Ocean Sanctuary, the designated iwi authority is Te Aupouri.

B.111 - Environmental Preservation Bill was submitted by the Honourable Minister for the Environment /u/JellyCow99 (Greens) on behalf of the government.

First reading debate will conclude at 5pm, 18 December 2018.