Energy opportunities from the Fast-track Approvals Bill

The introduction of the Fast-track Approvals Bill (Bill) this week marks the first step of the National-ACT-NZ First coalition Government in seeking to expediate infrastructure and development projects in New Zealand. This will be a welcomed process for the energy sector with the growing demand for more renewable energy sources as New Zealand progresses efforts to decarbonise our economy.

So, what opportunities could the new Bill provide for the energy sector and what limitations are there?

• Opportunities: The Bill will provide opportunities for energy projects of regional and national significance to be "fast-tracked". Energy projects that would likely benefit the most from this consenting regime will be those expecting a two-stage process. Projects listed in Schedule 2 of the Bill (which is currently blank, but to be populated through the Select Committee process) will automatically be able to apply for consent under this regime. Alternatively, projects can seek to be referred by a joint decision of the Ministers of Infrastructure, Regional Development and Transport.

• ​Greater political input: Once referred, expert panels will make recommendations to Ministers. Providing for Ministerial decision-making allows for greater political input than the previous fast-track regimes. This means the new framework can be used to provide additional comfort to the Government that the fast-track process is delivering the outcomes it wants, including on the energy front.

• One-stop-shop: The Bill will allow energy projects to apply for a wide range of environmental and planning approvals and permits (eg Wildlife Act permits, and Conservation Act concessions). The ability to obtain all consents in one process is expected to speed up the consenting of projects. This will be of huge value for the energy sector to get projects off the ground.

• Offshore wind: Offshore renewable energy projects that "begin before separate offshore renewable energy permitting legislation comes into force" are expressly excluded from using the Bill. This implies that "fast-tracking" may eventually be available for offshore wind projects in the future, but that separate legislation may also be developed. We are waiting for more comprehensive views from the Government on the offshore renewables regime. See our recent article here for the latest details.

Submissions on the Bill close 19 April 2024. More detail on the Fast-track Approvals Bill can be found in our recent article here including more detail on the proposed process and the impact on resource management processes.