Exclusive Economic Zone

What is the proposed EEZ Bill?

On 2 June 2011, the Minister for the Environment announced that Cabinet had approved an Exclusive Economic Zone (EEZ) and Extended Continental Shelf (ECS) environmental effects policy, and agreed to begin development of environmental effects legislation for the EEZ and ECS.

The Excusive Economic Zone and Continental Shelf (Environment Effects) Bill (the EEZ Bill) was introduced to the House on 24 August 2011.

More information on the policy behind the development of the legislation, as well as the process to develop the legislation and associated regulations can be found on the MfE website.

Policy information on the MfE website

What is the Exclusive Economic Zone and Extended Continental Shelf?

The Exclusive Economic Zone is the area of sea, seabed and subsoil from 12 to 200 nautical miles offshore.

The Extended Continental Shelf is the seabed and subsoil of New Zealand’s submerged landmass where it extends beyond the EEZ.

The Resource Management Act regulates natural resource management activities on land and in the territorial sea, out to 12 nautical miles. Beyond 12 nautical miles New Zealand has historically had no means to assess and regulate the environmental effects of many activities.

What is the EPA’s expected role

It is expected that we will be responsible for implementing the legislation, including information management, monitoring and enforcement functions. We will also be required to make decisions on marine consent applications for activities in the EEZ.

What sort of activities will be controlled by the proposed legislation?

Some controls already exist for activities in the EEZ. For example, fishing and shipping are already regulated. The proposed legislation will not override existing controls in the EEZ.

The EEZ legislation is expected to fill the regulatory gaps and manage the adverse environmental effects of currently unregulated activities in the EEZ and ECS including:

the construction of petroleum platforms;
seabed mining;
aquaculture structures;
carbon capture and storage; and
marine energy generation structures.

When is the legislation likely to come into force?

More information on the process to develop the legislation and the associated regulations is available on the MfE’s website.

Process information on the MfE website

The regulations will need to be developed before the Bill comes into force.

What happens between now and when the Bill comes into force?

Some petroleum exploration is already permitted or due to start, so voluntary measures have been established to manage the risks of these activities in the interim. The interim measures have been developed in consultation with industry and foreshadow what will be required when the Bill comes into force.

Industry will prepare environmental impact assessments and provide them to us for review on a voluntary basis. Any recommendations the EPA makes on a voluntary environmental impact assessment will be non-binding.

How do I prepare an interim environment impact assessment?

An environment impact assessment provided to us for review under the interim measures should follow the guidance document below.

Impact assessment guidance document (pdf, 81kb)

Reviewing an interim environment impact assessment

In reviewing an environment impact assessment while the interim measures are in place we will undertake the following steps:

review the information provided and suggest whether further information is required;
consider the information provided in light of the purpose and principles outlined in the EEZ Bill; and
make recommendations relating to the activity described in the environment impact assessment.

We will not have any statutory powers under this voluntary process. Therefore there are some processes that will be required for a marine consent application once the Bill comes into force, which will not be undertaken while interim measures apply. For example, an environment impact assessment provided to us while the interim measures are in place will not be publically notified, there will not be public hearing, and any EPA recommendation will be non-binding and will not be monitored or enforced.

How much will it cost an operator to participate in the voluntary interim measures?

The cost of preparing an environment impact assessment is at the operator’s expense.

Any costs to us when reviewing an environment impact assessment while the interim measures are in place will not be cost recoverable from the operator.

However, once the legislation comes into force, it is expected that we will recover the costs of reviewing new applications and making decisions on marine consent application from the applicants.

What activities are being asked to participate in the interim measures voluntarily?

No aquaculture, marine energy generation, carbon capture and storage or other activities in the EEZ or continental shelf are expected over the interim period.

Existing minerals licences already contain environmental conditions that are more enforceable than any voluntary process.

Therefore petroleum exploration drilling is the only activity in the EEZ and ECS for which the interim measures are appropriate to manage potential environmental effects.

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