Crown Minerals Amendment Act 2003

1: Title
1: This Act is the Crown Minerals Amendment Act 2003.
2: In this Act, the Crown Minerals Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments relating to Crown owned minerals
3: Interpretation
Section 2 paragraph (a) occupier (other than minimum impact activity)
4: New
section 25A The principal Act is amended by inserting, after section 25
25A: Record of permit
1: On the granting of a permit, the Secretary must forward 1 copy of the permit to the permit holder.
2: The Secretary must also forward 1 copy of the permit to the Registrar of the Maori Land Court if the permit was granted in respect of Maori land.
3: On receipt of a copy of a permit under subsection (2)
5: Change to permit
1: Section 36(1)
a: by omitting the expression section 38 sections 37 and 38
b: by inserting, after the words permit relates, or decrease the minerals to which the permit relates,
c: by omitting the words a certificate of change of conditions or a certificate of extension, as the case may be a certificate of change to the permit
2: Section 36 subsection (4)
4: The duration of a prospecting permit may not be changed under this section to any date that is more than 4 years from the commencement date of the permit.
4A: The duration of an exploration permit must not be changed under this section and may only be changed under section 37
3: Section 36 subsection (5)
5A: A permit that is the subject of an application for an extension of duration under this section or section 37
5B: On the granting of a certificate of change in relation to a permit, the Secretary must forward 1 copy of the certificate of change to the permit holder.
5C: If the certificate of change is for an extension of land to which a permit relates and that extension of land was granted in respect of Maori land, the Secretary must also forward 1 copy of the certificate to the Registrar of the Maori Land Court.
5D: On receiving a copy of a certificate of change under subsection (5C)
6: Revocation of permit
Section 39
9: Subsection (8)
7: Surrender of permit
Section 40 subsection (9)
9A: Subsection (9)
8: Transfers and other dealings with permits
Section 41
a: by repealing subsection (7)
b: by omitting from subsection (8) in respect of petroleum
c: by repealing subsections (9) to (13)
9: Unit development
1: Section 46(1)
a: by inserting in paragraph (a) 2 or more permits or existing privileges
b: by inserting in paragraph (b) all relevant permit or existing privilege
c: by inserting in paragraph (b) whose permits or existing privileges
d: by inserting, after the words one or more of the permit or existing privilege
e: by inserting, after the words all the permit or existing privilege
f: by inserting, after the words as a unit by the permit or existing privilege
2: Section 46(3) the permit or existing privilege
3: Section 46(4) the permit or existing privilege
10: Section 81 Section 81
11: Section 82 Section 82
12: Entry of permit and access particulars acts as notice only
Section 84 subsection (2)
2: This section does not apply to particulars of a permit granted after the commencement of the Crown Minerals Amendment Act 2003.
13: Land Transfer Act 1952 Section 85 subsection (2)
2: This section does not apply to particulars of a permit granted after the commencement of the Crown Minerals Amendment Act 2003.
14: Notation of mineral ownership on land titles
1: Section 86(3) paragraph (b)
2: Section 86(5) , copies of a permit or certificate of extension, or instrument, as the case may be or instrument
15: Certified copies of permits, certificates, and other documents to be evidence
1: The heading to section 87 permits, certificates, and other
2: Section 87(1) permit or other
3: Section 87(2) original permit or other
16: Recorded documents to be open for search
Section 88 permit or other
17: Revision of records
Section 89 subsection (2)
2: This section applies only to permits lodged before the commencement of the Crown Minerals Amendment Act 2003.
18: Reports to Secretary
Section 90 subsection (7)
7A: Nothing in subsection (4) or subsection (7)
19: New
section 91A The principal Act is amended by inserting, after section 91
91A: Correction of errors or omissions
The Secretary may correct any clerical error or omission in a permit document that was made by the department of State that is for the time being responsible for the administration of this Act.
2: Amendments to transitional provisions relating to minerals
20: Existing privileges to continue
Section 107(2) section 111(2) or section 111A
21: Administration of existing privileges
Section 108
9: Despite section 107(1)(c)
a: that before the commencement of this Act would have been exercisable by an inspector and that would have arisen in respect of an existing privilege, or of any condition of an existing privilege, or of any provisions of an Act that relate to an existing privilege; and
b: that concern matters that are not within the functions of a local authority under section 30 or section 31 of the Resource Management Act 1991 section 29(1) of the Health and Safety in Employment Act 1992 are exercisable by the Secretary, and the provisions of the Act relating to the existing privilege, with all the necessary modifications, apply accordingly.
22: New
section 111 The principal Act is amended by repealing section 111
111: Right to new permits
1: If, after 5 pm on 19 September 2002, a holder of an existing privilege makes an application to which any of the enactments specified in subsection (2) section 107
a: the Acts specified in subsection (2)
b: this Act (including, in particular, section 32
2: The enactments for the purposes of subsection (1)
a: sections 57A, 68, and 77 of the Mining Act 1971
b: sections 40 and 48 of the Coal Mines Act 1979
c: section 11 of the Petroleum Act 1937
3: The rights of any person who has made an application referred to in this section before 5 pm on 19 September 2002 must be determined under the final judgment, decision, or order given or made (including any appeal) in the proceedings Glenharrow Holdings Limited v The Attorney-General and Te Runanga O Ngai Tahu
23: New
section 111A The principal Act is amended by inserting, after section 111
111A: No application under
section 103D of Mining Act 1971
1: No extension of the duration of a mining privilege may be granted on an application for a variation of conditions under section 103D of the Mining Act 1971
2: The rights of any person who has made an application for an extension of duration of a mining privilege under section 103D of the Mining Act 1971 Glenharrow Holdings Limited v The Attorney-General and Te Runanga O Ngai Tahu
24: New
section 119A The principal Act is amended by inserting, after section 119
119A: No compensation
No person is entitled to compensation from the Crown in respect of any losses arising from—
a: the loss of the right to apply for a new mining licence under section 77 of the Mining Act 1971
b: the loss of the right to apply for a new coal mining licence under section 48 of the Coal Mines Act 1979
c: the loss of the right to apply for an extension to the duration of a mining privilege under section 103D of the Mining Act 1971