Legislation
The Environmental Protection Authority (EPA) was established through the Resource Management Act (Simplifying and Streamlining) Amendment Bill 2009. This Bill was enacted on 8 September 2009, and the amendments were incorporated into the Resource Management Act 1991 (RMA).
Part 4A of the amended RMA establishes the EPA and describes its functions, while Part 6AA contains detail around what matters can be lodged with the EPA, powers for the EPA to request further information and commission reports and timeframes for the EPA to make its recommendation to the Minister.
Part 6AA also gives examples of the factors that the Minister may consider when determining the 'national significance' of a matter, and processes following the minister's direction on whether to refer a matter to a board of inquiry or the Environment Court.
If the Minister directs a matter (application for resource consent, notice of requirement or request regional plan or private plan change) to a board of inquiry, sections 149J-149S of the RMA set out how a board is appointed, its power, functions and responsibilities in making a decision on the matter.
Sections 149T-149U govern the decision making process where a matter is referred to the Environment Court. In addition, section 149V sets out how the final decision of a board of inquiry or the Environment Court can be appealed
Last updated: 1 October 2009
