Crown Minerals Amendment Act 2013 Amendment Act 2013

1: Title
This Act is the Crown Minerals Amendment Act 2013 Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crown Minerals Amendment Act 2013 principal Act 2013-05-21 Crown Minerals Amendment Act 2013
1: Amendments concerning applications under public tender for conditional exploration permits
4: New section 20A inserted (Section 24 amended (Allocation by public tender))
After section 20
20A: Section 24 amended (Allocation by public tender)
1: After section 24(2)(c), insert:
ca: that each tender must include an application that complies with section 29A(1) and be accompanied by sufficient information in relation to the permit offered for the Minister to satisfy himself or herself of the matters set out in section 29A(2) or the matters required under section 29B
cb: that, if the tender is to be considered in accordance with section 29B .
2: After section 24(4), insert:
4A: To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A or in section 29B
5: Section 24 amended (New section 29A and cross-heading inserted)
1: In the heading to section 24 section 29A sections 29A and 29B
2: In section 24
5: This section is subject to section 29B
3: In section 24
29B: Process for considering application under public tender for conditional exploration permit
1: This section applies if—
a: a Tier 1 permit for exploration is offered for allocation by public tender under section 24(1); and
b: a tender made in response to the offer under section 24(1) states that it is to be considered in accordance with this section; and
c: the proposed work programme provided with the tender contains an exploration drilling committal date.
2: If this section applies, the Minister must, when considering whether to grant the permit to the tenderer, be satisfied of the matters set out in section 29A(2)(b) and (d) only in relation to work that will be undertaken before the exploration drilling committal date.
3: If a permit is granted in accordance with this section,—
a: work cannot be undertaken after the exploration drilling committal date unless, before that date,—
i: the Minister has, upon application by the permit holder, satisfied himself or herself of the matters set out in section 29A(2)(b) and (d) in relation to that work; and
ii: the permit holder has committed, in accordance with the permit, to drilling for exploration purposes; and
b: the requirements of paragraph (a)
4: For the purposes of subsection (3)
a: section 29A(3) and (4) apply for the purposes of the Minister satisfying himself or herself; and
b: section 29A(2) to (4) must be read with all necessary modifications.
5: In this section,— exploration drilling committal date work
6: Section 43 amended (Sections 90 and 90A and cross-heading above section 90 replaced)
In section 43 29A(2)(d) (whether obtained under section 24, 29A, or 29B
2: Other amendments
7: Section 9 amended (Section 2 amended (Interpretation))
1: In section 9(1) existing privilege that were in force at the close of 30 September 1991
2: In section 9(1) underground gas storage facility underground gas storage facility .
8: Section 12 amended (Section 5 replaced (Functions of Minister of Energy))
In section 12 reserves resources
9: Section 26 amended (Section 33 replaced (Permit holder to comply with permit and this Act))
In section 26
4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014.
10: Section 32 amended (Section 40 amended (Surrender of permit))
1: Replace section 32(2)
2: Replace section 40(2) with:
2: Unless the Minister considers it is in the interests of the Crown to acquire the permit for the purposes of reallocation or otherwise (in which case the permit vests in the Crown as if it were personal property), the surrender—
a: must be accepted by the chief executive if everything is in order and, in the case of a partial surrender, the Minister has approved the area to be surrendered under subsection (7A); and
b: takes effect when the chief executive accepts it.
2: In section 32(4) becomes the property of the Minister vests in the Crown
11: Section 33 amended (Section 41 replaced (Transfers and other dealings with permits))
In section 33 have been met have been, or are likely to be, met
12: Section 43 amended (Sections 90 and 90A and cross-heading above section 90 replaced)
1: In section 43 sections 23A, 24, 32, 35, 35A, 36, 41, 41A, 41B, 41C, 61B, 61C, 90, and 99F sections 23A, 24, 32, 33A to 33D, 35, 35A, 36 to 38, 41 to 41C, 42, 42A, 46, 61, 61B, 61C, 90, 99E, and 99F
2: In section 43 reserves resources
3: In section 43 reserves resources
13: Section 52 amended (New sections 99A to 99M and cross-headings inserted)
1: In section 52 dwelling house dwellinghouse
2: In section 52 reserves resources
14: Section 55 amended (New sections 101A to 101C inserted)
In section 55 offshore area offshore area
a: within the territorial sea; or
b: within the exclusive economic zone; or
c: on or above the continental shelf .
15: Section 58 amended (New sections 105A to 105D inserted)
In section 58 105C(1) 105C(1)(a)
16: Schedule 1 amended
1: In Schedule 1, new Schedule 1
1: Provisions relating to Crown Minerals Amendment Act 2013
.
2: In Schedule 1, new Schedule 1
7: Petroleum exploration permit holders' rights to extension of duration of permit
1: Despite new section 35(4), a specified permit may be extended—
a: for a period not exceeding 15 years from the commencement date of the permit in accordance with new section 36(1) to (4); and
b: under new section 35A.
2: In this clause, specified permit
a: a permit granted in respect of an application to which clause 6 applies; and
b: an existing exploration permit for petroleum.
3: In Schedule 1, new Schedule 1
5: Despite subclause (1), a section of the principal Act (whether a new or an old section) applies to each existing privilege, in the manner provided in the section, if the section in whole or in part expressly relates to or provides for an existing privilege.
4: In Schedule 1, new Schedule 1
3: For the purposes of the principal Act, the person notified to the Minister is, on and from the date of notification, the permit operator for the existing privilege, unless the permit operator is subsequently changed in accordance with new section 41C.
4: For the purposes of subclause (3)
a: as if the existing privilege were a permit and the holder of the privilege a permit holder and, for the purpose of that section, new sections 2B to 2D also apply:
b: but the person proposed to become the new operator may be someone other than a holder of the existing privilege.
5: In Schedule 1, new Schedule 1 33A and 33B 33A, 33B, 90D, and 90E
6: In Schedule 1, new Schedule 1
c: an authorisation given, an agreement entered into, or a grant of rights under the Iron and Steel Industry Act 1959, or an existing right referred to in section 5 of that Act.
17: Schedule 3 amended
1: In Schedule 3, new Schedule 5 Platinum group metals $1,250,000 $50,000 –
2: In Schedule 3, new Schedule 5 In this Schedule,— metallic mineral platinum group metals
18: Schedule 4 amended
In Schedule 4 40(2), (8), (9), and (10) 40(8), (9), and (10)
19: Schedule 5 amended
In Schedule 5 dwelling house dwellinghouse