Environmental Defence Society Strikes Procedural Fast-Track Win
The EPAs previous approach meant that it was sitting on application documentation for weeks without the public knowing. Thats precious time that interested parties can now use to review a projects technical information.
The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act.
The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope.
As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.'
'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer.
'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information.
'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel.
'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue.
'We now expect to see application documentation published on the fasttrack.govt.nz website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.'
'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer.
EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at www.environmentguide.org.nz.
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