Crown Minerals Act 1991

1:
1: This Act may be cited as the Crown Minerals Act 1991.
2: This Act shall come into force on 1 October 1991. Section 1 heading amended 24 May 2013 section 5 Crown Minerals Amendment Act 2013
1A: Purpose
1: The purpose of this Act is to promote prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand.
2: To this end, this Act provides for—
a: the efficient allocation of rights to prospect for, explore for, and mine Crown owned minerals; and
b: the effective management and regulation of the exercise of those rights; and
c: the carrying out, in accordance with good industry practice, of activities in respect of those rights; and
d: a fair financial return to the Crown for its minerals. Section 1A inserted 24 May 2013 section 6 Crown Minerals Amendment Act 2013
1B: Provisions affecting application of Act
Schedule 1 see section 106 Section 1B inserted 24 May 2013 section 6 Crown Minerals Amendment Act 2013
1: Preliminary provisions Part 1 heading replaced 24 May 2013 section 7 Crown Minerals Amendment Act 2013 Interpretation and application Heading repealed 24 May 2013 section 8 Crown Minerals Amendment Act 2013
2: Interpretation
1: In this Act, unless the context otherwise requires,— access arrangement arrangement
a: entered into by way of arrangement or determined by an arbiter in accordance with this Act; and
b: between a person desiring to carry out mineral-related activities and either—
i: the owner (and occupier, if any) of the land; or
ii: in the case of land in the common marine and coastal area that is not a customary marine title area, the appropriate Minister appropriate Minister section 2A bed
a: in relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and
b: in relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin; and
c: in relation to the sea, the submarine areas covered by the internal waters and the territorial sea change chief executive coal and peat coastal marine area section 2(1) common marine and coastal area section 9(1) consent authority section 2(1) continental shelf section 2(1) contravene controlling authority
a: in the case of land within 20 metres of a road, the authority having control of the road:
b: in the case of land within 100 metres of a public bridge, the authority having control of the public bridge:
c: in the case of land within 60 metres of a private bridge, the person owning or having control of the private bridge:
d: in the case of land within 100 metres of a railway, the person responsible for the administration of that railway:
e: in the case of land within 60 metres of any river control or flood protection work, the authority having control of the river control or flood protection work crop Crown land
a: land alienated by way of lease or licence under section 66 section 68 section 69
b: Crown land within the meaning of paragraphs (a) to (f) of the definition of the term Crown land in section 2 Crown owned mineral current currency customary marine title agreement section 9(1) customary marine title group section 9(1) customary marine title order section 9(1) decommissioning section 89E discovery draft minerals programme section 15 dwellinghouse enforcement officer
a: other than for the purposes of sections 101A to 101C section 99A
b: for the purposes of sections 101A to 101C section 101C(6) enter entry existing privilege
a: any mining privilege granted under Part 4 of the Mining Act 1971:
b: any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971:
c: any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979:
d: any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act:
e: any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act exploration to explore exploration permit Act foreshore fuel minerals gold gold fossicking area designated under section 98 98A good industry practice health and safety regulator section 16 in industrial rocks and building stones perlite initial permit internal waters section 4 land local authority section 5(1) Maori land Te Ture Whenua Maori Act 1993 metallic minerals mineral Atomic Energy Act 1945 minerals programme section 19 minimum impact activity
a: geological, geochemical, and geophysical surveying:
b: taking samples by hand or hand held methods:
ba: taking small samples offshore by low-impact mechanical methods:
c: aerial surveying:
d: land surveying:
e: any activity prescribed as a minimum impact activity:
f: any lawful act incidental to any activity to which paragraphs (a) to (e) relate— to the extent that it does not involve any activity that results in impacts of greater than minimum scale and in no circumstances shall include activities involving—
g: the cutting, destroying, removing, or injury of any vegetation on greater than a minimum scale; or
h: the use of explosives; or
i: damage to improvements, stock, or chattels on any land; or
j: any breach of the provisions of this or any other Act, including provisions in relation to protected native plants, water, noise, and historic sites; or
k: the use of more persons for any particular activity than is reasonably necessary; or
l: any impacts prescribed as prohibited impacts; or
m: entry on land prescribed as prohibited land mining
a: means to take, win, or extract, by whatever means,—
i: a mineral existing in its natural state in land; or
ii: a chemical substance from a mineral existing in its natural state in land; and
b: includes—
i: the injection of petroleum into an underground gas storage facility; and
ii: the extraction of petroleum from an underground gas storage facility; but
c: does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a) mining operations
a: means operations in connection with mining, exploring, or prospecting for any Crown owned mineral; and
b: includes, when carried out at or near the site where the mining, exploration, or prospecting is undertaken,—
i: the extraction, transport, treatment, processing, and separation of any mineral or chemical substance from the mineral; and
ii: the construction, maintenance, and operation of any works, structures, and other land improvements, and of any related machinery and equipment connected with the operations; and
iii: the removal of overburden by mechanical or other means, and the stacking, deposit, storage, and treatment of any substance considered to contain any mineral; and
iv: the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on the operations; and
v: the doing of all lawful acts incidental or conducive to the operations; and
c: includes any activities relating to the injection into and extraction of petroleum from an underground gas storage facility mining permit Act Minister non-exclusive permit non-metallic minerals occupier
a: a holder of an exploration permit or mining permit who has a right of access in respect of the land for the purpose of carrying out an activity under the permit
b: a person in actual occupation of the land by virtue of being the holder of an existing privilege (other than an
c: a controlling authority in respect of the land offshore onshore Taranaki region clause 4 of the Local Government (Taranaki Region) Reorganisation Order 1989 owner
a: in relation to Crown land, the appropriate Minister within the meaning of subsection (2); and
b: in relation to land other than Crown land, the person or persons who hold the fee simple title to the land ; and includes, except for the purposes of sections 8 49 to 52 participating interest
a: in relation to a permit, means an undivided share of the permit that is expressed as a percentage recorded on the permit:
b: in relation to a licence granted under Part 1 permit , except in subparts 2 permit holder permit operator section 27 permit participant permit year person petroleum
a: any naturally occurring hydrocarbon (other than coal) whether in a gaseous, liquid, or solid state; or
b: any naturally occurring mixture of hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state; or
c: any naturally occurring mixture of 1 or more hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely hydrogen sulphide, nitrogen, helium, or carbon dioxide— and, except in sections 10 11 petroleum infrastructure section 89F petroleum mining permit prescribed prescribed form private bridge prospecting
a: means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and
b: includes the following activities:
i: geological, geochemical, and geophysical surveying:
ii: aerial surveying:
iii: taking samples by hand or hand held methods:
iv: taking small samples offshore by low-impact mechanical methods prospecting permit Act public bridge Public Works Act 1981 public notice railway New Zealand Railways Corporation Act 1981 section 2 regulations regulatory agency
a: the Environmental Protection Authority established by section 7
b: a consent authority:
c: Maritime New Zealand and the Director of Maritime New Zealand:
d: WorkSafe New Zealand:
e: the Department of Conservation relevant minerals programme
a: in relation to a permit that had effect immediately before the commencement of section 13 section 18 clause 3
b: in relation to a permit granted on or after the commencement of section 13 Part 1A right of access road
a: a road within the meaning of section 121 section 315
b: a motorway within the meaning of section 2
c: a limited access road within the meaning of section 153 section 346
d: a regional road within the meaning of section 362
e: a limited access regional road within the meaning of section 371
f: a regional motorway within the meaning of section 374 royalties section 33(1)﻿(c)
a: section 34(b)
b: regulations made under section 105A sand serve section 352 section 353 ship section 2(1) silver special purpose mining activity specified Act
a: Health and Safety at Work Act 2015
b: Maritime Transport Act 1994
c: Resource Management Act 1991
d: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 speculative prospector section 90C(7) submission subsequent permit section 32 territorial sea section 3 , Contiguous Zone, Tier 1 permit section 2B(1) Tier 2 permit section 2B(2) Treaty of Waitangi (Te Tiriti o Waitangi) section 2 underground gas storage facility uranium work programme working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 20 December in any year and ending with 15 January in the following year.
2:
3:
4: In this Act, unless the context otherwise requires,—
a: a reference to a Part, section, or Schedule, is a reference to a Part, section, or Schedule of this Act; and
b: a reference in a section to a subsection is a reference to a subsection of that section; and
c: a reference in a subsection to a paragraph is a reference to a paragraph of that subsection; and
d: a reference in a section to a paragraph is a reference to a paragraph of that section. Section 2(1) access arrangement arrangement substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) appropriate Minister inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) chief executive inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) coal amended 24 May 2013 section 9(2) Crown Minerals Amendment Act 2013 Section 2(1) coastal marine area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) consent authority inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) continental shelf inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) customary marine title agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) draft minerals programme amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 2(1) decommissioning inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) enforcement officer replaced 24 May 2013 section 9(3) Crown Minerals Amendment Act 2013 Section 2(1) existing privilege inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) exploration permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) gold fossicking area amended 24 May 2013 section 9(4) Crown Minerals Amendment Act 2013 Section 2(1) good industry practice inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) health and safety regulator replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) industrial rocks and building stones amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) internal waters inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) local authority inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Maori land amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) metallic minerals amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) minerals programme amended 24 May 2013 section 9(5) Crown Minerals Amendment Act 2013 Section 2(1) minimum impact activity inserted 24 May 2013 section 9(6) Crown Minerals Amendment Act 2013 Section 2(1) mining replaced 24 May 2013 section 9(7) Crown Minerals Amendment Act 2013 Section 2(1) mining operations replaced 24 May 2013 section 9(8) Crown Minerals Amendment Act 2013 Section 2(1) mining permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) Minister replaced 24 May 2013 section 9(9) Crown Minerals Amendment Act 2013 Section 2(1) occupier amended 21 August 2003 section 3 Crown Minerals Amendment Act 2003 Section 2(1) occupier amended 24 May 2013 section 9(10) Crown Minerals Amendment Act 2013 Section 2(1) offshore inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) onshore Taranaki region inserted 13 November 2018 section 4 Crown Minerals (Petroleum) Amendment Act 2018 Section 2(1) owner amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) participating interest replaced 2 December 2021 section 4(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) permit amended 2 December 2021 section 4(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) permit holder replaced 24 May 2013 section 9(11) Crown Minerals Amendment Act 2013 Section 2(1) permit operator inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) permit participant inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) permit year inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) petroleum amended 24 May 2013 section 9(12) Crown Minerals Amendment Act 2013 Section 2(1) petroleum infrastructure inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) prospecting replaced 24 May 2013 section 9(13) Crown Minerals Amendment Act 2013 Section 2(1) prospecting permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) public foreshore and seabed repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) regulatory agency inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) regulatory agency replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(1) relevant minerals programme replaced 24 May 2013 section 9(14) Crown Minerals Amendment Act 2013 Section 2(1) royalties inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Secretary repealed 24 May 2013 section 9(15) Crown Minerals Amendment Act 2013 Section 2(1) ship inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) special purpose mining activity inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) specified Act inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) specified Act amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) speculative prospector inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) Tier 1 permit inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Tier 2 permit inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) underground gas storage facility inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) work programme inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) WorkSafe repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(2) repealed 24 May 2013 section 9(16) Crown Minerals Amendment Act 2013 Section 2(3) repealed 24 May 2013 section 9(16) Crown Minerals Amendment Act 2013
2A: Meaning of appropriate Minister
1: In this Act, appropriate Minister
a: the Minister charged with the administration of the land; or
b: if the land is part of the common marine and coastal area, the Minister described in paragraph (a) and the Minister of Conservation (if he or she is not the Minister described in that paragraph); or
c: if neither of paragraphs (a) and (b) applies, the Minister of Lands.
2: However, if after subsection (1) is applied there is uncertainty as to who is the appropriate Minister, the appropriate Minister is the Minister designated by the Governor-General by Order in Council. Section 2A inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013
2B: Meaning of Tier 1 permit and Tier 2 permit
1: In this Act, Tier 1 permit
a: a prospecting, exploration, or mining permit that relates to petroleum:
b:
c: an exploration permit that relates to a mineral listed in the first column of Schedule 5
d: a mining permit that relates to a mineral listed in the first column of Schedule 5
e: an exploration or mining permit Schedule 5
i: relates to an underground operation or an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark; and
ii: is not for a special purpose mining activity.
2: In this Act, Tier 2 permit
3: For the purposes of the Minister making an estimate for the purposes of subsection (1)﻿(c) or (d), the life of a permit includes any extensions of duration to the permit granted under this Act. Section 2B inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 Section 2B(1)﻿(b) repealed 2 December 2021 section 5(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2B(1)﻿(e) amended 2 December 2021 section 5(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
2C: Determination of permit tier status
1: This section applies to each exploration permit and mining permit whose Tier 1 (or, by default, Tier 2) status must be determined in accordance with section 2B(1)﻿(c) or (d)
2: The Minister must determine the tier status of a permit—
a: on first granting the permit, section 36(1)
b: if the permit exists on the commencement of this section, as soon as practicable after the commencement of this section, section 36(1)
3: The Minister may determine the tier status of a permit at any other time as he or she thinks fit.
4: Section 2C inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 Section 2C(2)﻿(a) amended 2 December 2021 section 6(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2C(2)﻿(b) amended 2 December 2021 section 6(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2C(4) repealed 2 December 2021 section 6(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
2D: Consequences of change in status of permit
1: This section applies if, as a result of a determination made by the Minister under section 2C
2: The chief executive must notify the permit holder of the change in tier.
3: The change in tier takes effect for the purposes of this Act on and from the start of the permit year following the date of the notification under subsection (2). Section 2D inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013
3: Act to bind Crown
This Act shall bind the Crown.
4: Treaty of Waitangi
All persons exercising functions and powers under this Act shall have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) Functions, powers, and duties of Minister and chief executive Heading amended 24 May 2013 section 11 Crown Minerals Amendment Act 2013
5: Functions of Minister
The Minister has the following functions under this Act:
a: to attract permit applications, including by way of public tender:
b: to grant permits, grant changes to permits, and revoke permits:
c: to prepare minerals programmes:
ca: to make decisions on decommissioning petroleum infrastructure and wells, requirements for financial securities, payments for post-decommissioning work, and related matters:
d: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E
e: to collect and disclose information in connection with mineral resources and mineral production in order to—
i: promote informed investment decisions about mineral exploration and production; and
ii: improve the working of related markets:
f: any other functions conferred on him or her by or under this Act. Section 5 replaced 24 May 2013 section 12 Crown Minerals Amendment Act 2013 Section 5(ca) inserted 2 December 2021 section 7 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
6: Delegation of functions by Minister
1: The Minister may, either generally or particularly, delegate to the chief executive, in accordance with clause 5
a: the making of decisions on submissions on a draft minerals programme under section 18 section 19
b: this power of delegation.
2: The chief executive may, in accordance with clauses 2 3
3: Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 6 Section 6 heading amended 24 May 2013 section 13(1) Crown Minerals Amendment Act 2013 Section 6(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(1)﻿(a) replaced 24 May 2013 section 13(2) Crown Minerals Amendment Act 2013 Section 6(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(3) amended 7 August 2020 section 135 Public Service Act 2020
7: Functions of chief executive
The chief executive has the following functions under this Act:
a: to require, and monitor, compliance with permits, this Act, and the regulations:
b: to investigate conduct that constitutes or may constitute a contravention of a permit, this Act, or the regulations:
c: to keep a register of permits and permit holders:
d: to advise the Minister on any matter relating to this Act:
e: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E
f: any other functions conferred on him or her by or under this Act. Section 7 replaced 24 May 2013 section 14 Crown Minerals Amendment Act 2013 Duties and restrictions
8: Restrictions on prospecting or exploring for, or mining, Crown owned minerals
1: No person may prospect or explore for, or mine, Crown owned minerals in land unless the person—
a: is the holder of a permit granted under this Act which authorises the holder to do so, or is authorised to do so by the holder of such a permit in accordance with the permit, or is otherwise authorised to do so under this Act; and
b: complies with sections 49 50 51 53 , 54 54A
2: Subsection (1)﻿(a) does not apply to the taking by any person of—
a: any Crown owned mineral that—
i: exists in a natural state in land of which the person is an owner or occupier; and
ii: is in land which is not the subject of a permit in respect of such mineral— for use for any reasonable agricultural, pastoral, domestic, roadmaking, or building purpose on land of which the person is an owner or occupier; or
b: any sand, shingle, or other natural material in the bed of a river or a lake or in the coastal marine area unless otherwise specified in a minerals programme.
2A: Subsection (1) does not apply to the taking by any person of any Crown owned mineral in a legal road, whether formed, unformed, or stopped, if—
a: the mineral is—
i: coal; or
ii: a mineral (other than coal) for which a Tier 2 permit would, but for this provision, be required; and
b: the road is within an area of land that otherwise contains privately owned minerals.
3: Subsection (1) does not prohibit prospecting or exploring for, or mining, gold in a gold fossicking area by means of hand held non-motorised machinery in accordance with section 98 98A
4: This section applies subject to section 86 Section 8(1)﻿(b) amended 19 February 2019 section 4 Crown Minerals Amendment Act 2019 Section 8(2A) inserted 24 May 2013 section 15(1) Crown Minerals Amendment Act 2013 Section 8(3) amended 24 May 2013 section 15(2) Crown Minerals Amendment Act 2013 Section 8(4) added 25 March 2005 section 87 Ngāti Awa Claims Settlement Act 2005
9: Other legal requirements not affected
Compliance with this Act or the regulations legislation and other Section 9 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9 amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Minerals owned by the Crown
10: Petroleum, gold, silver, and uranium
Notwithstanding anything to the contrary in any Act or in any Crown grant, record of title Section 10 amended 12 November 2018 section 250 Land Transfer Act 2017
11: Minerals reserved to Crown
1: Every alienation of land from the Crown made on or after the commencement of this Act (whether by way of sale, lease, or otherwise) shall be deemed to be made subject to a reservation in favour of the Crown of every mineral existing in its natural condition in the land.
1A: Nothing in subsection (1) applies to pounamu to which section 3
2: For the avoidance of doubt, every mineral reserved in favour of the Crown by any enactment shall continue to be reserved in favour of the Crown, notwithstanding the repeal of that enactment. Section 11(1A) inserted 29 October 1997 section 2 Crown Minerals Amendment Act 1997 Minerals programmes Heading repealed 24 May 2013 section 16 Crown Minerals Amendment Act 2013
12: Purpose of minerals programme
Section 12 repealed 24 May 2013 section 16 Crown Minerals Amendment Act 2013
1A: Minerals programmes
Part 1A heading inserted 24 May 2013 section 17 Crown Minerals Amendment Act 2013
13: Application of minerals programmes
The most recent version of a minerals programme issued or changed by the Governor-General under section 19 Section 13 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
14: Contents of minerals programmes
1: A minerals programme—
a: must specify the mineral or minerals to which it applies; and
b: must set out or describe how the Minister and the chief executive will have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (as required by section 4
2: A minerals programme—
a: may set out or describe how the Minister or the chief executive will exercise any specified powers or discretions conferred on him or her by or under this Act in relation to the mineral or minerals that are subject to the programme; and
b: may include any other information that the Minister considers is likely to be of assistance to any person wishing to use or understand the Act and the regulations, including—
i: general guidance on the scheme of the Act and the regulations; and
ii: how the Minister or the chief executive will interpret and apply specified provisions of the Act or the regulations (other than those referred to in paragraph (a)) in relation to any Crown owned mineral or minerals subject to the programme; and
c: on the request of an iwi or hapū, may provide that defined areas of land of particular importance to the iwi's or hapū's mana are excluded from the operation of the minerals programme or are not to be included in any permit.
3: There must not be more than 1 minerals programme for any mineral, but a minerals programme may provide that different practices, procedures, and provisions in the programme apply—
a: to different areas within New Zealand; or
b: to a mineral that occurs in different states, places, phases, or strata; or
c: to a mineral that is to be explored for or mined by substantially different methods.
4: A minerals programme must not be inconsistent with this Act or the regulations.
5: However, if there is any inconsistency between a minerals programme (or a relevant minerals programme that has effect during a transitional period) and this Act or any of the regulations, this Act or the regulation prevails. Section 14 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
15: Minister must prepare draft minerals programmes in certain situations
The Minister must, as soon as practicable, prepare a draft minerals programme for a Crown owned mineral, or group of Crown owned minerals, if—
a: there is no minerals programme for that mineral or group of minerals; and
b: in the opinion of the Minister, that mineral or group of minerals is likely to be the subject of a permit application under this Act. Section 15 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
16: Changes to minerals programmes
1: The Minister may propose any change to a minerals programme.
2: In sections 17 18
3: Nothing in section 17 18
4: Subsection (5) applies if the Minister decides not to proceed with a proposed change to a minerals programme and no recommendation is made to the Governor-General under section 19(1)
5: The Minister must—
a: publicly notify his or her decision; and
b: notify every person who made a submission on the proposed change under section 18 Section 16 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
17: Public notice
1: The Minister must ensure that—
a: public notice is given of a draft minerals programme; and
b: notice is given of a draft minerals programme to all iwi; and
c: the draft minerals programme is available on an Internet site maintained by or on behalf of the chief executive.
2: Every notice under subsection (1)﻿(a) must—
a: give reasonable notice of the contents of the draft minerals programme; and
b: specify the Internet site referred to in subsection (1)﻿(c) where the draft minerals programme may be inspected; and
c: indicate that submissions may be made on the draft minerals programme, how submissions may be made, and by what date. Section 17 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
18: Submissions
1: Any person may make a submission on a draft minerals programme.
2: A submission under subsection (1) must be received by the chief executive not later than 40 working days after the date of public notification under section 17
3: If any submission is made under this section, the chief executive must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions.
4: The Minister must consider the report and recommendations made under subsection (3) and may make such changes to the draft minerals programme as the Minister thinks fit.
5: Despite the provisions of the Official Information Act 1982
a: such refusal is necessary to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; and
b: in the circumstances of the particular case, the importance of avoiding such offence or disclosure outweighs the public interest in making that information available. Section 18 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
19: Issue of minerals programmes
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, issue a minerals programme or a change to a minerals programme.
2: Before recommending the making of an order, the Minister must satisfy those requirements of sections 15 to 18
3: An order under this section—
a: is secondary legislation ( see Part 3
b: despite section 67(d)﻿(i)
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on a website maintained by, or on behalf of, the chief executive •	make it available for inspection •	comply with section 20 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 19(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
20: Notification of minerals programmes
The Minister must notify every person who made a submission on the draft programme under section 18 that the minerals programme has been issued and where it is available.
a:
b:
c:
d: Section 20 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 20 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
21: Minister may defer consideration of application for permit
1: Subsection (2) applies if the Minister has publicly notified a proposed change to a minerals programme and—
a: the chief executive has received an application for a permit for a mineral to which the programme applies after the proposed change has been notified; and
b: if the proposed change were in force, it would be likely that the Minister's decisions in respect of the application would be different than if the decisions were made without the proposed change.
2: The Minister may defer his or her consideration of the application until—
a: the date on which the proposed change takes effect ( in accordance with the Legislation Act 2019
b: if the Minister decides not to proceed with the change, the date on which the Minister publicly notifies his or her decision under section 16(5) Section 21 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 21(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
22: Minister and chief executive must act in accordance with minerals programmes
1: The Minister and the chief executive must act in accordance with a minerals programme.
2: However, if there is any inconsistency between the actions required of them under a minerals programme (or a relevant minerals programme that has effect during a transitional period) and the actions required of them under this Act or any of the regulations, they must act in accordance with the Act or the regulation. Section 22 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013
1B: Permits, access to land, and other matters
Part 1B heading inserted 24 May 2013 section 19 Crown Minerals Amendment Act 2013
1: Permits, access to land, and title notations
Subpart 1 heading inserted 2 December 2021 section 15 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
23: Purpose of permits
1: The purpose of a prospecting permit is to authorise the permit holder to prospect for minerals as specified in the permit.
2: The purpose of an exploration permit is to authorise the permit holder to explore for minerals as specified in the permit.
3: The purpose of a mining permit is to authorise the permit holder to mine for minerals as specified in the permit. Section 23 replaced 24 May 2013 section 19 Crown Minerals Amendment Act 2013
23A: Application for permits
1: Any person or persons may apply to the chief executive for a permit in respect of a mineral in land, whether or not there is a minerals programme for the mineral.
2: However,—
a: a person may not apply under this section for an exploration permit for petroleum (but see section 24(1) and (5A)
b: a person may apply under this section for a prospecting permit for petroleum, or a mining permit for petroleum, in respect of any land in the onshore Taranaki region only:
c: the chief executive must not accept an application for a permit for petroleum in respect of any land outside the onshore Taranaki region:
d: this subsection applies despite anything to the contrary in this Act (including sections 1A 25(1)﻿(b)﻿(i) 32 Section 23A inserted 24 May 2013 section 19 Crown Minerals Amendment Act 2013 Section 23A(2) inserted 13 November 2018 section 5 Crown Minerals (Petroleum) Amendment Act 2018
24: Allocation by public tender
1: Unless a
2: Every notice for the purposes of subsection (1) shall specify—
a: the type of permit offered; and
b: the land and minerals to which the permit relates; and
c: the manner in which tenders must be submitted, and the time by which tenders must be received by the Minister, in order for such tenders to be valid; and
ca: that each tender must include an application that complies with section 29A(1) section 29B
cb: that, if the tender is to be considered in accordance with section 29B
d: the conditions to which any permit granted pursuant to the tender will be subject.
3: The Minister shall not accept any tender which does not comply in a material way with the requirements of the notice.
4: The Minister may amend or revoke a notice before the time by which tenders must be received expires.
4A: To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A section 29B
5: The Minister may decline to grant any permit pursuant to a tender.
5A: The following provisions apply to offers of permits for petroleum under subsection (1):
a: an offer may be made in respect of any land in the onshore Taranaki region only:
b: the Minister must not accept a tender for a permit for petroleum in respect of any land outside the onshore Taranaki region:
c: a person may submit a tender for a permit for petroleum only in accordance with an offer (if any) made in accordance with this section:
d: this subsection applies despite anything to the contrary in this Act (including section 1A).
6: A permit granted pursuant to a tender shall be subject to the relevant conditions specified in the notice, unless otherwise agreed with the applicant. Section 24(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 24(2)﻿(ca) inserted 24 May 2013 section 20A(1) Crown Minerals Amendment Act 2013 Section 24(2)﻿(cb) inserted 24 May 2013 section 20A(1) Crown Minerals Amendment Act 2013 Section 24(4A) inserted 24 May 2013 section 20A(2) Crown Minerals Amendment Act 2013 Section 24(5A) inserted 13 November 2018 section 6 Crown Minerals (Petroleum) Amendment Act 2018
25: Grant of permit
1: The Minister may grant a prospecting permit, an exploration permit, or a mining permit under this Act in respect of minerals in land—
a: to any person or persons; and
b: in either of the following ways:
i: as the result of an application initiated by a person under section 23A
ii: as the result of a public tender process under section 24
c: subject to any conditions that the Minister may impose, as the Minister thinks fit, including authorising the prospecting or exploration for, or mining of, a mineral only—
i: in particular circumstances; or
ii: by means of a particular method; or
iii: if the mineral occurs in a particular state, place, phase, or stratum.
2: However, the Minister is not obliged to grant a permit to any person or persons unless expressly required to do so under section 32
2A: The Minister must not grant a permit for petroleum in respect of any land outside the onshore Taranaki region (despite anything to the contrary in this Act (including section 1A
3: Each permit granted by the Minister must specify—
a: the minerals and land to which the permit applies; and
b: the conditions on which the permit is granted; and
c: the names of the permit participants; and
d: the name of the permit operator; and
e: if any of the minerals to which the permit applies are minerals listed in the first column of Schedule 5
4: A permit may also specify the date on which the permit expires if the permit is to expire on a date earlier than the default expiry date set out in section 35
5: A permit must not be granted under this Part if a monetary deposit or bond that is required by the Minister as security for compliance with the conditions of the permit has not been deposited with the chief executive.
6: The Minister must not grant an exploration permit or a mining permit in respect of privately owned minerals, except as provided for by section 84
7: If an existing privilege exists, the Minister must not grant a permit in respect of all or part of the land and the mineral to which the privilege relates without the consent of the current holder of the privilege.
8: Subsection (1) is subject to section 5A(3) Section 25 replaced 24 May 2013 section 21 Crown Minerals Amendment Act 2013 Section 25(2A) inserted 13 November 2018 section 7 Crown Minerals (Petroleum) Amendment Act 2018
25A: Record of permit
1: On the granting of a permit, the chief executive
2: The chief executive
3: On receipt of a copy of a permit under subsection (2), the Registrar of the Māori Land Court must enter in his or her records the particulars of the permit. Section 25A inserted 21 August 2003 section 4 Crown Minerals Amendment Act 2003 Section 25A(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 25A(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
26: Priority of applications if more than 1 made and no minerals programme
1: Subject to the provisions of this Act, if more than 1 application is made for a permit in respect of all or part of the same land and in respect of a common mineral, and there is no minerals programme for that mineral, the applicant whose application is first received by the chief executive a permit
2: If 2 or more applications in respect of the same or partly the same land and a common mineral appear to have been received at the same time, the applicant to have a prior right shall be determined as the Minister thinks fit.
3: Every applicant who has a right of priority under this section shall retain the right until that
4: An applicant shall not have a right of priority under this section over any tender for a permit in respect of the same or partly the same land and a common mineral if that
5: The chief executive Section 26(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
27: Permit holder must have permit operator
1: A permit holder must have a permit operator.
2: A permit operator must be a permit participant.
3: For the purposes of the permit, this Act, and the regulations, the permit operator is responsible, on behalf of the permit holder, for the day-to-day management of activities under the permit. Section 27 replaced 24 May 2013 section 22 Crown Minerals Amendment Act 2013
28: Restriction on granting of prospecting permits
Where, in respect of any application for a prospecting permit, the Minister considers that—
a: the prospecting proposed in the application is unlikely to materially add to the existing knowledge of the mineral in all or part of the land to which the application relates; or
b: there exists, at the time of the application, substantial interest in exploring for or mining the mineral in all or part of the land to which the application relates,— the Minister shall not grant a prospecting permit in respect of the mineral and the land or part of the land concerned unless he or she is satisfied that special circumstances apply.
28A: Declaration that permits not to be issued or extended for specified land for specified period
1: The Minister may declare that, during a specified period, specified kinds of permits—
a: will not be granted in respect of specified land; and
b: will not have the area of land that those permits apply to extended to include any of that specified land.
1A: For the purposes of subsection (1),—
a: the declaration may be made only if the Minister believes that the declaration is necessary to better meet the purpose of this Act:
b: the declaration must be made by notice published under the Legislation Act 2019
2: A notice under subsection (1A)﻿(b)
a: must specify the kind or kinds of permits to which it applies:
b: must specify the land to which it applies:
c: may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method:
d: has effect until the close of the earlier of the following periods:
i: the period specified in the notice:
ii: 3 years from the date on which the notice is published
3: The Minister must not accept a permit application that is contrary to a notice under subsection (1A)﻿(b)
4: A notice under subsection (1A)﻿(b)
a: application received by the Minister before the notice is published
b: permit granted before the notice is published
ba: power to extend the duration of a permit; or
c: right under section 32
5: A notice under subsection (1A)﻿(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28A inserted 24 May 2013 section 23 Crown Minerals Amendment Act 2013 Section 28A(1) replaced 19 February 2019 section 6(1) Crown Minerals Amendment Act 2019 Section 28A(1A) inserted 19 February 2019 section 6(1) Crown Minerals Amendment Act 2019 Section 28A(1A)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(2) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(2)﻿(d)﻿(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(3) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(4) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(4)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(4)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(4)﻿(ba) inserted 19 February 2019 section 6(3) Crown Minerals Amendment Act 2019 Section 28A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Minister may require survey to be done
Where the Minister considers it appropriate to do so, the Minister may require that land to which an application for a permit relates be surveyed in the prescribed manner and may postpone making a determination in respect of the granting of a permit until a survey plan, certified by the Surveyor-General chief executive Section 29 amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Process for dealing with applications for permits Heading inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013
29A: Process for considering application
1: An applicant for a permit must provide to the Minister—
a: the name and contact details of the proposed permit participants and the proposed permit operator; and
b: a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and
c: in the case of an exploration permit for minerals other than petroleum, an estimate of the expected total work programme expenditure in relation to the permit; and
d: any other information prescribed in the regulations.
2: Before granting a permit, the Minister must be satisfied—
a: that the proposed work programme provided by the applicant is consistent with—
i: the purpose of this Act; and
ii: the purpose of the proposed permit; and
iii: good industry practice in respect of the proposed activities; and
b: that the applicant is highly likely
i: the applicant's technical capability; and
ii: the applicant's financial capability; and
iii: any relevant information on the applicant’s failure to comply with permits or rights, or conditions in respect of those permits or rights, to prospect, explore, or mine in New Zealand or internationally; and
c: that the applicant is highly likely
d: in the case of a Tier 1 permit for exploration or mining, that the proposed permit operator has, or is highly likely
3: For the purposes of the Minister satisfying himself or herself of the matter in subsection (2)﻿(d), the Minister—
a: is only required to undertake a high-level preliminary assessment; and
b: must seek the views of the health and safety regulator
c: may, but is not required to, rely on the views of the regulatory agencies; and
d: is not required to duplicate any assessment process that a regulatory agency may be required to undertake in accordance with a specified Act.
4: To avoid doubt, subsection (2)﻿(d) does not limit, have any effect on, or have any bearing on—
a: whether the permit holder or permit operator is required to obtain any permit, consent, or other permission under any health and safety or environmental legislation:
b: the granting to the permit holder or permit operator of any permit, consent, or other permission necessary under any health and safety or environmental legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation.
5: This section is subject to section 29B Section 29A inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013 Section 29A(2)﻿(b) amended 2 December 2021 section 8(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(2)﻿(c) amended 2 December 2021 section 8(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(2)﻿(d) amended 2 December 2021 section 8(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(3)﻿(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
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)
b: a tender made in response to the offer under section 24(1)
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)
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)
ii: the permit holder has committed, in accordance with the permit, to drilling for exploration purposes; and
b: the requirements of paragraph (a) are a condition of the permit.
4: For the purposes of subsection (3),—
a: section 29A(3) and (4)
b: section 29A(2) to (4)
5: In this section,— exploration drilling committal date work Section 29B inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013 Conditions of permits
30: Rights to prospect, explore, mine
1: Subject to section 8 , whether the mineral is owned by the Crown or privately owned
2: Subject to section 8 Crown owned
3: Subject to section 8 Crown owned
4: Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, the right to mine shall only extend to that discovery.
5: Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, and the holder of the permit makes a further discovery in relation to a mineral and land to which the permit relates, the permit holder shall only have a right to receive a mining permit in accordance with section 32
a: if within 12 months after making the further discovery, the permit holder notifies the Minister in writing of the making of the discovery and that the permit holder is interested in applying for a permit to mine the discovery; and
b: within the period notified to the permit holder under subsection (6).
6: On receiving a notice from a permit holder under subsection (5), the Minister shall notify the permit holder in writing of the period which in the Minister's opinion is reasonable to allow for—
a: the carrying out of the necessary appraisal work in respect of the discovery; and
b: the preparation of a work programme for the mining of the discovery; and
c: the consideration and granting of an application for a permit to mine the discovery.
7: Subject to subsection (8) and unless the permit expressly provides otherwise, the rights referred to in subsections (1) to (3) are exclusive to the permit holder.
8: A permit conferring all or any of the same rights as a current permit in respect of all or part of the same land and the same Section 30(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 30(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
31: Right of permit holder to minerals
Every permit holder shall be the owner of all minerals lawfully obtained by or on behalf of the permit holder in the course of activities authorised by the permit.
32: Right of permit holder to subsequent permits
1: Subject to sections 22 27 29A 43 and subsection (7), section 23A
2: If an exploration permit is granted in accordance with subsection (1), and the prospecting permit in respect of which it is granted specified any condition to be included in such exploration permit, no other or additional condition which modifies or conflicts with that condition shall be included in the exploration permit without the consent of the permit holder.
3: Subject to sections 22 27 29A 43 and subsection (7), section 23A
4: A permit granted in accordance with
5: Subsection (5A) applies if a mining permit is to be granted in accordance with subsection (3) and the initial permit or any subsequent permit specified any condition to be included in the mining permit or in any subsequent privilege, right, or licence conferring a right to mine.
5A: The condition must be included in the mining permit, unless the Minister and the holder of the exploration permit otherwise agree, and , subject to subpart 2
6: For the purposes of this section—
a: an exploration permit shall be deemed to be an exploration permit and a prospecting permit; and
b: a mining permit shall be deemed to be a mining permit and an exploration permit and a prospecting permit.
7: The Minister may not grant an exploration permit or a mining permit under this section in respect of minerals that are privately owned except in the case of minerals owned by customary marine title groups, as provided for in section 83(2) section 84
8: A permit that is the subject of an application for a subsequent permit under this section continues in force until the Minister determines the application. Section 32(1) amended 24 May 2013 section 25(1) Crown Minerals Amendment Act 2013 Section 32(1) amended 24 May 2013 section 25(2) Crown Minerals Amendment Act 2013 Section 32(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(3) amended 24 May 2013 section 25(1) Crown Minerals Amendment Act 2013 Section 32(3) amended 24 May 2013 section 25(2) Crown Minerals Amendment Act 2013 Section 32(3) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(4) amended 24 May 2013 section 25(3) Crown Minerals Amendment Act 2013 Section 32(5) replaced 24 May 2013 section 25(4) Crown Minerals Amendment Act 2013 Section 32(5A) inserted 24 May 2013 section 25(4) Crown Minerals Amendment Act 2013 Section 32(5A) amended 2 December 2021 section 9 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 32(7) added 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(7) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 32(8) inserted 24 May 2013 section 25(5) Crown Minerals Amendment Act 2013
33: Permit holder responsibilities
1: A permit holder must—
a: comply with—
i: the conditions of the permit; and
ii: this Act and the regulations; and
iii: the Health and Safety at Work Act 2015
b: perform activities under the permit in accordance with good industry practice; and
c: submit royalty returns, and pay royalties; and
d: keep records for at least 7 years after the year to which they relate or for at least 2 years after the permit to which they relate ceases to be in force, whichever is the longer; and
e: co-operate with the Minister, the chief executive, and enforcement officers for the purpose of complying with the conditions of the permit, this Act, and the regulations.
2: Subsection (3) applies if the permit holder is 2 or more persons.
3: Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder under the permit, this Act, and the regulations. Section 33 replaced 24 May 2013 section 26 Crown Minerals Amendment Act 2013 Section 33(1)﻿(a)﻿(iii) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
33A: Exercise of permit conditional on authorisation
1: This section applies if—
a: in accordance with regulations made under the Health and Safety at Work Act 2015 section 203
b: the activity is an activity of a type authorised under a permit; and
c: the regulations referred to in paragraph (a) specify that it is an authorisation for the purposes of this section.
2: Despite the activity being authorised under a permit, it must not be carried out until—
a: it has been authorised in accordance with subpart 2
b: the health and safety regulator has advised the chief executive that the activity has been so authorised; and
c: the chief executive has notified the permit holder of the health and safety regulator's advice. Section 33A replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
33B: Health and Safety regulator to notify chief executive of breaches of legislation
1: The health and safety regulator must notify the chief executive if—
a: a permit holder is issued with a prohibition notice under section 105
b: an enforcement action (as defined in section 141
2: Nothing in this Act derogates from the health and safety regulator's responsibility for the administration and enforcement of the Health and Safety at Work Act 2015 Section 33B replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
33C: Iwi engagement reports
1: Every holder of a Tier 1 permit must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.
2: Every holder of a Tier 2 permit of any class or kind specified in the regulations must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.
3: Regulations may specify—
a: an annual period to which annual reports must apply, which may vary for different classes or kinds of Tier 2 permit:
b: a time by which annual reports must be provided, which may vary for different classes or kinds of Tier 2 permit.
4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014. Section 33C inserted 24 May 2013 section 26 Crown Minerals Amendment Act 2013
33D: Annual review meeting for holders of Tier 1 permits
1: The chief executive may require the holder of a Tier 1 permit to attend, once in each permit year, a review meeting for the purposes of—
a: monitoring the permit holder's progress against the work programme for the permit; and
b: providing an opportunity for discussion between the chief executive, the permit holder, the appropriate Minister (but only if the permit relates to Crown land), and any regulatory agency that the chief executive has invited to attend the meeting.
2: Without limiting subsection (1)﻿(b), the chief executive must invite any regulatory agency that he or she thinks is likely to have regulatory oversight of the activities under the permit to attend a review meeting. However, the chief executive may limit the agency's attendance at the meeting to only those parts of the meeting that are relevant to its oversight.
3: Unless otherwise agreed between the chief executive and a permit holder, a review meeting must be—
a: held on a date and at a place notified to the permit holder by the chief executive (which date must be at least 20 working days after the date of notification); and
b: attended by at least 1 representative of the permit operator who has sufficient seniority, expertise, and knowledge to enable full discussion of the work programme and conditions of the permit.
4: Any person other than those referred to in subsections (1) and (2) may attend a review meeting only with the consent of the permit holder. Section 33D inserted 24 May 2013 section 26 Crown Minerals Amendment Act 2013
34: Financial return to the Crown
The Minister may—
a: require, in return for any permit granted under this Act
b: include in any permit granted under this Act
i: the rights given by the permit and this Act
ii: any minerals obtained by the permit holder under the permit. Section 34(a) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 34(b) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 34(b)﻿(i) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
35: Duration of permit
1: A prospecting permit expires—
a: 4 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
2: A prospecting permit may not be extended beyond 4 years after the commencement date specified in the permit.
3: An exploration permit for petroleum expires—
a: 15 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
4: An exploration permit for petroleum may be extended only in accordance with section 35A
5: An exploration permit for minerals other than petroleum expires—
a: 10 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
6: An exploration permit for minerals other than petroleum may not be extended beyond 10 years after the commencement date specified in the permit, unless extended further under section 35A
7: A mining permit expires—
a: 40 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
8: A mining permit may be extended only in accordance with section 36(1), (2), and (5)
9: The Minister may, on the application of a permit holder, amend the commencement date of a permit, and subsection (1), (3), (5), or (7) applies accordingly, if the Minister is satisfied that—
a: the permit holder has been prevented from commencing activities under the permit by delays in obtaining consents under any Act; and
b: those delays have not been caused or contributed to by default on the part of the permit holder.
10: If the Minister amends the commencement date of a permit under subsection (9), the new commencement date must be specified in the permit. Section 35 replaced 24 May 2013 section 27 Crown Minerals Amendment Act 2013
35A: Appraisal extension of exploration permits
1: The holder of an exploration permit may apply to the Minister, in accordance with section 36(1) to (4) appraisal extension
2: However, the Minister may grant an appraisal extension under subsection (1) only if the Minister is satisfied that—
a: the permit holder has made a discovery that has the potential to lead to the granting of a mining permit; and
b: the current specified duration of the exploration permit does not allow sufficient time to appraise the discovery; and
c: the work programme in relation to the appraisal is adequate.
3: If the Minister grants an appraisal extension, it must be restricted to the land in the permit to which the Minister determines it is likely that the discovery relates.
4: A permit holder granted an appraisal extension under subsection (1) may apply to the Minister once only for a further appraisal extension, and subsection (1) applies as if the reference to an appraisal extension were a reference to a further appraisal extension. Section 35A inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013
35B: Conditions imposing relinquishment obligation: prospecting permits
1: The Minister may impose a condition of the kind described in subsection (2) on—
a: the grant of a prospecting permit other than a prospecting permit for petroleum; or
b: the grant of an application for a change to any prospecting permit other than a prospecting permit for petroleum.
2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation
3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed 50% of the original area of land to which the permit applied.
4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.
5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit. Section 35B inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013
35C: Conditions imposing relinquishment obligation: exploration permits
1: The Minister may impose a condition of the kind described in subsection (2) on—
a: the grant of an exploration permit; or
b: the grant of an application for a change to an exploration permit.
2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation
3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed,—
a: in the case of an exploration permit for petroleum, 75% of the original area of land to which the permit applied:
b: in the case of an exploration permit for minerals other than petroleum, 50% of the original area of land to which the permit applied.
4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.
5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit. Section 35C inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013 Changes to permits Heading inserted 24 May 2013 section 28 Crown Minerals Amendment Act 2013
36: Change to permit
1: The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit—
a: with the prior written consent of the permit holder; or
b: on the written application of the permit holder; or
c: in the manner, if any, provided in the permit.
2: A change to a permit may do 1 or more of the following:
a: amend the conditions of the permit:
b: extend the land to which the permit relates:
c: change the minerals to which the permit relates:
d: extend the duration of the permit.
2A: However, the land to which a permit for petroleum relates cannot be extended to include any land outside the onshore Taranaki region.
3: An application under subsection (1)﻿(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2
4: An application under subsection (1)﻿(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2
4A: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister.
4B: All other applications under subsection (1)﻿(b) must be received by the Minister not later than 90 days before—
a: the expiry date of the permit; or
b: in the case of an application to change the specified date by which specified work must be carried out, the specified date; or
c: in the case of an application to change the specified work that must be carried out by a specified date, the specified date.
4C: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done).
4D: If a permit holder makes an application to which subsection (4B)﻿(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition—
a: must be complied with or fulfilled while the application is being considered by the Minister; and
b: is not complied with or fulfilled while the application is being considered by the Minister.
4E: However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled.
5: Subject to subsection (5AA), the
a: satisfies the Minister that the discovery to which the permit relates cannot be economically depleted before the expiry date
b: where required to do so by the Minister, submits a work programme which is approved by the Minister in the same manner, with any necessary modifications, as a work programme is approved under section 43 and any such extension shall be only for such period as the Minister considers reasonable to enable the permit holder to economically deplete the discovery.
5AA: The duration of any permit may be extended,—
a: if the permit relates to petroleum, to enable the permit holder to complete their decommissioning obligations under subpart 2
b: if the permit relates to minerals, to enable the permit holder to complete rehabilitation work.
5A: A permit that is the subject of an application for an extension of duration under this section or section 35A
5B: On the granting of a certificate of change in relation to a permit, the chief executive
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 Māori land, the chief executive
5D: On receiving a copy of a certificate of change under subsection (5C), the Registrar of the Māori Land Court must enter in his or her records the particulars of that certificate.
6: Every application under this section shall be in the form and contain the information required by the Minister in that case. Section 36(1) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(2) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(2A) inserted 13 November 2018 section 8 Crown Minerals (Petroleum) Amendment Act 2018 Section 36(3) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(3) amended 2 December 2021 section 10(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(4) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4) amended 2 December 2021 section 10(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(4A) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4B) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4C) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4D) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4E) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(5) amended 2 December 2021 section 10(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(5AA) inserted 2 December 2021 section 10(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(5)﻿(a) amended 24 May 2013 section 29(2) Crown Minerals Amendment Act 2013 Section 36(5A) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5A) amended 24 May 2013 section 29(3) Crown Minerals Amendment Act 2013 Section 36(5B) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5B) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 36(5C) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5C) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 36(5D) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003
37: Process for Minister's proposal to change work programme for petroleum mining permit
1: The work programme for a petroleum mining permit granted on or after the commencement of this section may be changed in accordance with this section if the change is necessary to maximise the economic recovery of the petroleum in accordance with good industry practice.
2: If the Minister considers, on the basis of information on the characteristics and extent of the petroleum field received by the Minister at any time during the currency of the permit, that a change to the work programme is necessary, the Minister must notify the permit holder of the proposed change and set out the reasons why it is being proposed.
3: If the permit holder and the Minister cannot agree on the proposed changes, the permit holder may notify the Minister within 30 days after the date of the notification under subsection (2) (or within any further time that the Minister may allow) that the permit holder requires a determination by an independent expert on—
a: whether the work programme should be changed to maximise the economic recovery of the petroleum in accordance with good industry practice; and
b: what any change should be.
4: If the permit holder does not exercise the right under subsection (3) within the time specified by or allowed under that subsection, the conditions of the permit are deemed to be changed as proposed by the Minister.
5: If the permit holder exercises the right under subsection (3) within the time specified by or allowed under that subsection, an independent expert must be appointed by agreement between the Minister and the permit holder, or, failing agreement, by the President of the New Zealand Law Society (or his or her delegate) on the application of either party. Section 37 replaced 24 May 2013 section 30 Crown Minerals Amendment Act 2013
38: Determination by independent expert
1: In making a determination for the purposes of section 37(3)
2: Each party must provide a single set of written submissions, and any written evidence and any relevant documents or technical reports may be provided with the submissions.
3: In accordance with a timetable set by the independent expert,—
a: the permit holder must provide its submissions to the independent expert and provide a copy to the Minister at the same time; and
b: the Minister must subsequently provide his or her submissions to the independent expert and provide a copy to the permit holder at the same time.
4: The Minister and the permit holder must provide the independent expert with any assistance the independent expert may reasonably request.
5: After due consideration, the independent expert must provide a written determination to the Minister and the permit holder.
6: Any change to a work programme determined by the independent expert—
a: must be limited to what is reasonably required to ensure that the economic recovery of the resource is maximised in accordance with good industry practice; and
b: takes effect on the date of the determination.
7: The conditions of the permit holder's permit are deemed to be changed—
a: in accordance with any change to a work programme determined by the independent expert; and
b: with effect on the date of the determination.
8: The independent expert must not act as a mediator or an arbitrator and the Arbitration Act 1996
9: The independent expert's fees must be borne equally by the Minister and the permit holder unless the independent expert determines one party should bear a greater proportion or all of the fees on the ground that the party's position has not been reasonable.
10: The independent expert's determination is final and binding on the parties and there is no right of appeal against the determination. However, if the Minister and the permit holder agree a different allocation of costs to that determined by the independent expert, the determination must be treated as varied to the extent agreed.
11: The permit holder must continue to comply with its existing work programme pending the independent expert's consideration and determination of the matter. Section 38 replaced 24 May 2013 section 30 Crown Minerals Amendment Act 2013
39: Revocation or transfer of permit
1: The Minister may revoke a permit or transfer a permit to the Minister (in replacement for the permit holder)—
a: if the Minister is satisfied that a permit holder has contravened—
i: a condition of the permit; or
ii: this Act or the regulations; or
b: in any case where a condition relates to payment of money to the Crown under the permit, this Act, or the regulations, payment has not been made within 90 days after the due date for the payment.
1A: The Minister may also revoke a permit—
a: as referred to in section 41A(7)
b: in accordance with section 41AF
2: Before deciding whether to revoke or transfer a permit, the Minister must serve on the permit holder written notice of his or her intention to revoke or transfer the permit that—
a: sets out the grounds on which the Minister intends to revoke or transfer the permit; and
b: gives the holder 40 working days after the date on which the notice is served to—
i: remove the grounds for the revocation or transfer; or
ii: provide reasons why the permit should not be revoked or transferred.
2A: In the case of an intention to revoke a permit under section 41A(7)﻿(b) section 41A(2)
a: the date on which the permit participant notifies the Minister of the change of control in accordance with section 41A(2)
b: the date by which the permit participant provides to the Minister all of the information and documents requested under section 41A(5)
3: The Minister may, by serving written notice on the permit holder, revoke or transfer the permit with effect on the date that is specified in the notice
a: the grounds for revocation or transfer have not been removed; or
b: after having considered reasons provided in accordance with subsection (2)﻿(b)﻿(ii), the Minister still considers there are grounds for revoking or transferring the permit.
3A: In the case of section 41A(7)﻿(a)
a: the Minister may, by serving written notice on the permit holder, revoke the permit with effect on the date specified in the notice if the Minister is satisfied that the permit should be revoked:
b: the Minister may be so satisfied even if the Minister becomes satisfied of the matter set out in section 41A(7)﻿(b)
3B: The notice under subsection (3) or (3A) may be served only on or after the date that is 40 working days after the date on which the notice under subsection (2) is served.
4: If the Minister transfers a permit in accordance with subsection (3),—
a: the permit is automatically transferred into the name of the Minister; and
b: the consent of the Minister under section 41
c: the Minister may exercise the rights granted by the permit, or offer it or any share in it for sale by public tender or otherwise.
5: A permit holder who is served with written notice under subsection (3) or (3A)
6: Pending the determination of an appeal under subsection (5), the permit in respect of which the appeal is made continues in force for all purposes unless it sooner expires.
6A: The Minister must record any revocation or transfer of a permit on the register of permits, but need not record the reasons for the revocation or transfer.
7: The revocation of a permit or the transfer of a permit to the Minister under this section shall not release the permit holder from any liability in respect of—
a: a permit, or any condition of it, up to the date of revocation or transfer; and
b: any act under the permit up to the date of revocation or transfer giving rise to a cause of action.
8: As soon as practicable after a permit (other than a permit in respect of petroleum) is revoked, the chief executive Registrar-General of Land
9: Subsection (8) applies only to permits granted before 21 August 2003 Section 39 heading replaced 24 May 2013 section 31(1) Crown Minerals Amendment Act 2013 Section 39(1) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(1A) inserted 19 February 2019 section 7(1) Crown Minerals Amendment Act 2019 Section 39(2) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(2A) inserted 19 February 2019 section 7(2) Crown Minerals Amendment Act 2019 Section 39(3) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(3) amended 19 February 2019 section 7(3) Crown Minerals Amendment Act 2019 Section 39(3A) inserted 19 February 2019 section 7(4) Crown Minerals Amendment Act 2019 Section 39(3B) inserted 19 February 2019 section 7(4) Crown Minerals Amendment Act 2019 Section 39(4) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(5) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(5) amended 19 February 2019 section 7(5) Crown Minerals Amendment Act 2019 Section 39(6) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(6A) inserted 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 39(9) added 21 August 2003 section 6 Crown Minerals Amendment Act 2003 Section 39(9) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
40: Surrender of permit
1: A permit holder may apply to the chief executive to surrender a permit or any part of it by—
a: lodging an application; and
b: paying any money the permit holder owes to the Crown under this Act; and
c: providing information and records as required by the permit, this Act, or the regulations.
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.
2A: Despite subsection (1)﻿(b) and (c), the chief executive may accept a surrender application even though the permit holder has not paid to the Crown all the money owing to the Crown or has not provided to the chief executive all the information and records required to be provided.
3: For the purposes of subsections (5) and (6), if a permit vests in the Crown under this section,—
a: the permit is deemed to have been surrendered under this section; and
b: the date on which the permit is deemed to have been surrendered,—
i: for the purposes of subsection (5), is the date that the surrender application was lodged; and
ii: for the purposes of subsection (6), is the date of the Minister's decision under subsection (2).
4: The consent of the Minister under section 41
5: Where a permit is surrendered in whole or in part and payments have been made to the Crown under the permit or under this Part, the permit holder shall be entitled to a refund of so much of the payments as have been made in respect of—
a: the remaining part of the period subsequent to the date of the surrender; and
b: the land surrendered.
6: The surrender of a permit shall not release the permit holder from any liability in respect of—
a: the permit up to the date of the surrender; and
b: any act under the permit up to the date of surrender giving rise to a cause of action.
7: If a permit is being surrendered in part only, the form of surrender shall be accompanied by a plan that has the land in respect of which part of the permit is being surrendered clearly delineated and identified on it.
7A: The Minister may approve the area to be surrendered, with or without amendment, as he or she thinks fit.
8: The surrender of only part of a permit shall, on acceptance, be endorsed on the permit by the chief executive
9: The chief executive Registrar-General of Land
9A: Subsection (9) applies only to permits granted before 21 August 2003
10: Every right, title, and interest held under a permit that has been surrendered under this section shall end in respect of the land to which the permit related, or in respect of that part of the land in relation to which the permit is surrendered, as the case may be, on the date on which the chief executive Section 40(1) replaced 24 May 2013 section 32(1) Crown Minerals Amendment Act 2013 Section 40(2) replaced 24 May 2013 section 32(2) Crown Minerals Amendment Act 2013 Section 40(2A) inserted 24 May 2013 section 32(3) Crown Minerals Amendment Act 2013 Section 40(3) replaced 24 May 2013 section 32(4) Crown Minerals Amendment Act 2013 Section 40(7A) inserted 24 May 2013 section 32(5) Crown Minerals Amendment Act 2013 Section 40(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(9) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(9A) inserted 21 August 2003 section 7 Crown Minerals Amendment Act 2003 Section 40(9A) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(10) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
41: Transfer of interest in permit
1: The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section.
2: An application for consent to a transfer must—
a: be made jointly by the relevant permit participant and the transferee; and
b: be made within 3 months after the date of the agreement that contains the transfer; and
c: be accompanied by a copy of the agreement that contains the transfer; and
d: be accompanied by evidence of the notification required under subsection (3).
3: Before or at the same time as the application is made, the permit participant must notify any other permit participants that it has applied for consent to the transfer.
4: If so required by the Minister, the transferee must provide to the Minister—
a: a statement, signed by or on behalf of the transferee, in which the person signing the statement must confirm that the transferee has the financial capability to meet its obligations under the permit (a statement of financial capability
b: any specified supporting information.
5: If the transferee is a company, a statement of financial capability must be signed on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director.
6: Before granting consent, the Minister must be satisfied that the transferee is highly likely
7: The chief executive must record the transfer of any participating interest consented to by the Minister under this section on the permit concerned and the transfer is effective, for the purposes of the permit, this Act, and the regulations from the date of the Minister's consent. Section 41 replaced 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41(6) amended 2 December 2021 section 11 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
41AA: Meaning of change of control of permit participant or guarantor
1: In sections 41AB to 41A change of control
a: a person ( person A
b: a person ( person A
2: In subsection (1)﻿(b), a specified person
a: a person who is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the permit participant; or
b: a person who acts, or is accustomed to acting, in accordance with the wishes of person A. Section 41AA inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019
41AB: Change of control of permit operator of Tier 1 permit
1: This section applies if a corporate body that is a permit operator of a Tier 1 permit undergoes a change of control.
2: Every person who obtains the power referred to in section 41AA(1) see sections 41AC to 41AE
3: A contravention of subsection (2) by a person may result in either or both of the following:
a: the revocation of the permit under section 41AF
b: an offence under section 100(2A) section 41AA(1)
4: The permit operator must notify the Minister in accordance with subsection (6) if—
a: subsection (2) is contravened; and
b: the permit operator knows, or ought reasonably to know, that it has undergone a change of control.
5: Subsection (4) does not apply in the case of a contravention referred to in section 41AC(3)﻿(c)
6: For the purposes of subsection (4), the notification must—
a: be given as soon as is reasonably practicable, but in any event not later than 3 months after the permit operator becomes aware, or ought reasonably to have become aware, that it has undergone a change of control; and
b: be accompanied by a copy of any agreement or other document that specifies the change of control. Section 41AB inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019
41AC: Application for consent for change of control
1: An application for consent referred to in section 41AB(2)
a: be made—
i: by the relevant person; or
ii: if there is more than 1 relevant person, by all of the relevant persons; and
b: be made at least 3 months before the date on which the proposed change of control takes effect; and
c: include the following information:
i: the name of each relevant person:
ii: if a relevant person is a corporate body, the name of each director of the body and of each shareholder or member of the body referred to in subsection (4):
iii: particulars about how the change of control is proposed to be undertaken:
iv: particulars about when the change of control is proposed to take effect; and
d: be accompanied by—
i: a copy of any agreement or other document that specifies the change of control; and
ii: information or documents that show how the test in section 41AE(1)
2: If the Minister is satisfied that there are compelling reasons why a relevant person could not comply with subsection (1)﻿(b), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date on which the proposed change of control takes effect).
3: The following applies if an application is properly made in accordance with this section (including subsection (1)﻿(b) or (2)) but the application is still being considered by the Minister when the change of control takes effect:
a: section 41AB(2)
b: if the Minister gives his or her consent, section 41AB(2)
c: if the Minister declines to give his or her consent, section 41AB(2)
4: For the purposes of subsection (1)﻿(c)﻿(ii), the shareholders or members of the corporate body that must be named are,—
a: if the body has equity securities quoted on a stock exchange,—
i: the shareholders or members who hold the 10 largest numbers of equity securities; or
ii: if there is more than 1 class of equity securities, the persons holding the 10 largest numbers of equity securities in each class:
b: in any other case, all of the shareholders or members.
5: In this section and sections 41AD 41AE director section 6(1) equity security section 8(2) relevant person section 41AA(1) stock exchange section 2(1) Section 41AC inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019
41AD: Minister may require information or documents to be supplied
1: A permit participant, or a relevant person, must, if requested to do so, provide to the Minister information or documents relevant to the matters referred to in section 41AE(1)
2: Subsection (1) applies to a permit participant whether or not that participant is the permit operator. Section 41AD inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019
41AE: When Minister may consent to change of control of permit operator
1: The Minister may consent to the change of control of a permit operator for the purposes of section 41AB
a: the permit holder, given the proposed change in control,—
i: has the financial capability to meet its obligations under the permit; and
ii: is highly likely
iii: is highly likely
b: in the case of a Tier 1 permit for exploration or mining, the permit operator, after undergoing the change of control, has, or is highly likely Health and Safety at Work Act 2015
2: Section 29A(3) and (4) Section 41AE inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 Section 41AE(1)﻿(a)﻿(ii) amended 2 December 2021 section 12(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41AE(1)﻿(a)﻿(iii) amended 2 December 2021 section 12(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41AE(1)﻿(b) amended 2 December 2021 section 12(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
41AF: Revocation of permit if change of control made without consent
1: This section applies if section 41AB(2)
2: The Minister may serve on the permit holder written notice of his or her intention to revoke the permit. The notice must—
a: refer to this section; and
b: state, with reasons, that the Minister considers that section 41AB(2)
c: give the holder 40 working days after the date on which the notice is served to—
i: show that section 41AB(2)
ii: provide reasons why the permit should not be revoked (including showing why the Minister should be satisfied of the matters set out in section 41AE
3: A notice under subsection (4) may be served on or after the date that is 40 working days after the date on which the notice under subsection (2) is served.
4: After considering any thing provided under subsection (2)﻿(c), the Minister may, by serving written notice on the permit holder, revoke the permit with effect on a date specified in the notice if the Minister is satisfied that—
a: section 41AB(2)
b: the permit should be revoked.
5: The Minister may be satisfied under subsection (4)﻿(b) even if the Minister becomes satisfied of the matters set out in section 41AE section 41AB(2)
6: Section 39(5) to (7) Section 41AF inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019
41A: Change of control of permit participants
(other than operators of Tier 1 permits)
1:
2: A permit participant must notify the Minister in accordance with subsection (3) if—
a: the permit participant—
i: is a corporate body; and
ii: knows, or ought reasonably to know, that it has undergone a change of control; or
b: the permit participant knows, or ought reasonably to know, that a corporate body that has provided a guarantee for the permit participant’s obligations under the permit (a guarantor
2A: However, this section does not apply to a change of control of a permit participant who is a permit operator of a Tier 1 permit ( see sections 41AB to 41AF
3: The notification must be given within 3 months after the permit participant becomes aware, or ought reasonably to have become aware, of the matters referred to in subsection (2) and must
a: a copy of any agreement or document that specifies the change of control; and
b: a statement from the permit participant that it has the financial capability to meet its obligations under the permit; and
c: in the case of a change of control of a guarantor, a statement from the guarantor that it has the financial capability to meet its obligations under the guarantee.
4: A statement for the purposes of subsection (3)﻿(b) or (c) must be signed,—
a: if the permit participant or guarantor is a company, on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director; or
b: if the permit participant or guarantor is not a company, by a person responsible for the management of the permit participant or guarantor.
5: If required to do so, a permit participant must provide to the Minister information or documents relevant to the financial capability of the person A concerned (as referred to in section 41AA(1)
a: general information about that person's financial capability; or
b: information specific to the matters referred to in subsection (3)﻿(b) and (c).
6: However, the permit participant must do so only if the Minister requests the information or documents no later than 3 months from the date on which the permit participant notifies the Minister of the change of control in accordance with this section.
7: The Minister may revoke the permit in accordance with the procedure set out in section 39
a: subsection (2) is contravened; or
b: the Minister is not satisfied that, following the change of control, the permit holder has the financial capability to meet its obligations under the permit.
8: Section 41A inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41A heading amended 19 February 2019 section 9(1) Crown Minerals Amendment Act 2019 Section 41A(1) repealed 19 February 2019 section 9(2) Crown Minerals Amendment Act 2019 Section 41A(2) replaced 19 February 2019 section 9(3) Crown Minerals Amendment Act 2019 Section 41A(2A) inserted 19 February 2019 section 9(3) Crown Minerals Amendment Act 2019 Section 41A(3) amended 19 February 2019 section 9(4) Crown Minerals Amendment Act 2019 Section 41A(5) amended 19 February 2019 section 9(5) Crown Minerals Amendment Act 2019 Section 41A(7) replaced 19 February 2019 section 9(6) Crown Minerals Amendment Act 2019 Section 41A(8) repealed 19 February 2019 section 9(2) Crown Minerals Amendment Act 2019
41B: Dealings
1: A permit participant may enter into a dealing.
2: However, the dealing has no legal effect if the dealing relates to a Tier 1 permit and the Minister does not consent to the dealing.
3: An application for consent to a dealing must—
a: be made to the Minister; and
b: be made within 3 months after the date of the agreement that contains the dealing; and
c: be accompanied by a copy of the agreement that contains the dealing.
4: In this section, dealing
a: a reasonable person would consider that the agreement—
i: has not been entered into on an arm’s-length basis; or
ii: is not on arm’s-length terms; or
iii: is otherwise not on a fair market basis; or
b: the term of the agreement is for 12 months or longer. Section 41B inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013
41C: Change of permit operator
1: A permit operator may be changed only with the prior consent of the Minister and no change of permit operator has any effect without that consent.
2: An application for consent must—
a: be made by the permit holder; and
b: be made jointly with the proposed new operator if that operator is not an existing permit participant.
3: The Minister may give consent to the change only—
a: if the Minister is satisfied that the permit holder, given the change in permit operator, is highly likely
i: comply with, and give proper effect to, the work programme for the permit; and
ii: comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and
b: if the change of operator relates to a Tier 1 permit for exploration or mining, if the health and safety regulator—
i: is satisfied that any requirements of the Health and Safety at Work Act 2015 highly likely
ii: has advised the chief executive that it is so satisfied. Section 41C inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41C(3)﻿(a) amended 2 December 2021 section 13 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41C(3)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 41C(3)﻿(b)﻿(i) amended 2 December 2021 section 13 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
41D: General provisions relating to transfers, dealings, and changes of permit operator
1: The Minister may grant consent under section 41 41AE 41B 41C
2: All conditions of the Minister’s consent are, for the purposes of this Act, deemed to be conditions of the permit concerned.
3: If, as a result of the transfer of a participating interest in a permit, a person ceases to have an interest in the permit, that person ceases to have any rights or obligations under the permit except in respect of any contravention of the conditions of the permit that occurred before the date of transfer of the participating interest.
4: Subsection (3) is subject to—
a: the conditions of the permit; and
b: the conditions of the Minister's consent on the transfer of the participating interest; and
c: subpart 2 Section 41D inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41D(1) amended 19 February 2019 section 10 Crown Minerals Amendment Act 2019 Section 41D(4)﻿(c) inserted 2 December 2021 section 14 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Surveys Heading inserted 2 December 2021 section 16 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
42: Minister may require survey at any time
It shall be a condition of every current mining permit that the Minister may at any time, require the holder of the permit to arrange for the survey, in the manner prescribed by regulations, of all or part of the land to which the permit relates.
42A: Authorisation of geophysical surveys on adjacent land
1: The Minister may, subject to such conditions as the Minister thinks fit to impose, grant written authorisation to a permit holder to carry out geophysical surveys on land adjacent to the land to which the permit relates if another permit is not in force in relation to that adjacent land.
2: An authorisation granted under this section—
a: is subject to the provisions of this Act as if the authorisation were a permit of the same type as the permit held by the permit holder and referred to in subsection (1); but
b: does not authorise any activity other than the carrying out of geophysical surveys. Section 42A inserted 28 September 1993 Crown Minerals Amendment Act 1993 Section 42A(2) replaced 19 February 2019 section 11 Crown Minerals Amendment Act 2019 Field development plans in respect of petroleum mining permits and licences Heading inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
42B: Field development plans to be submitted to chief executive
1: The holder of a petroleum mining permit granted under this Act or a petroleum mining licence granted under the Petroleum Act 1937 A
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The field development plan must—
a: detail the planned development of the field over its anticipated productive life; and
b: be accurate as at the date of submission to the chief executive; and
c: contain the prescribed information (if any); and
d: meet any further prescribed requirements. Section 42B inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Notice of expected cessation and notice of cessation of petroleum fields Heading inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
42C: Notice of expected cessation and notice of cessation
1: The holder of a petroleum mining permit granted under this Act or a petroleum mining licence granted under the Petroleum Act 1937 A
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The notice of expected cessation must—
a: specify when A currently expects the field to permanently cease production; and
b: contain the prescribed information (if any); and
c: meet any further prescribed requirements.
3: If the field permanently ceases production, A must give the chief executive notice of that cessation as soon as practicable and not later than 20 working days after cessation. Section 42C inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Work programmes in respect of subsequent permits
43: Work programmes to be approved by Minister
1: Where an application is made for a permit and the applicant has a right to receive the permit under section 32
2: Where an application is made for a permit and the applicant has a right to receive that permit under section 32
a: approve the programme; or
b: withhold approval of the programme if the Minister considers that—
i: it is contrary to good industry
ii: to approve the programme would be acting contrary to section 22 and shall notify the applicant accordingly.
3: Where the Minister withholds approval of a proposed work programme under subsection (2), the applicant shall be entitled to submit a modified work programme to the Minister within a reasonable period, as specified by the Minister when withholding approval of the proposed work programme, and the Minister shall then, within a further 6 months, either—
a: approve the modified work programme; or
b: withhold approval of the modified work programme if the Minister considers that—
i: it is contrary to good industry
ii: to approve the programme would be acting contrary to section 22 and shall notify the applicant accordingly. Section 43(1) replaced 24 May 2013 section 35(1) Crown Minerals Amendment Act 2013 Section 43(2)﻿(b)﻿(i) amended 24 May 2013 section 35(2) Crown Minerals Amendment Act 2013 Section 43(3)﻿(b)﻿(i) amended 24 May 2013 section 35(2) Crown Minerals Amendment Act 2013
44: Duty of Minister withholding approval of work programme
1: The Minister shall not withhold approval of any work programme or modified work programme under section 43
2: If the Minister withholds approval of a work programme or modified work programme under section 43 section 99
3: If it is determined under section 99 good industry section 22
a: a modified work programme is submitted to the Minister within 3 months after the date of the notice or within such longer period as the Minister may, in his or her discretion, determine in the notice; and
b: the modified work programme is approved by the Minister.
4: Where it is determined under section 99 good industry section 22 Section 44(3) amended 24 May 2013 section 36 Crown Minerals Amendment Act 2013 Section 44(4) amended 24 May 2013 section 36 Crown Minerals Amendment Act 2013
45: Minister may direct that petroleum be refined and processed in New Zealand, etc
1: If, after consultation with the permit holder of a petroleum mining permit and having regard to the national interest, the Minister is satisfied that products are able to be manufactured in New Zealand by or on behalf of the permit holder from petroleum produced from land to which the permit relates, the Minister may direct that the permit holder refine or process (or cause to be refined or processed) in New Zealand so much of the petroleum as may be required for the manufacture of those products.
2: Where a direction is given under subsection (1), the Minister may give a further direction prohibiting the export from New Zealand of any petroleum directed to be refined or processed and of all or any of the products so manufactured from any such petroleum.
3: Where a permit holder is directed under subsection (1) to refine or process (or cause to be refined or processed) in New Zealand any petroleum and the permit holder does not have facilities for refining or processing such petroleum in New Zealand, the Minister, after consultation with all interested parties, may direct the owner of any refinery or processing plant capable of refining or processing the petroleum, to refine or process the petroleum on behalf of the permit holder on such conditions as may be agreed upon between the permit holder and the owner of the refinery or processing plant or, failing agreement, as may be determined by the Minister.
4: The owner of or any other person lawfully using a refinery or processing plant may at any time apply to the Minister for a variation in the conditions of any direction given under subsection (3) and the Minister may make such variations as may be agreed upon between the owner and all other persons lawfully using the refinery or processing plant or, failing agreement, as may be determined by the Minister.
5: Any person who wilfully fails to comply with any direction of the Minister under this section commits an offence against this Act and, if he or she is a permit holder, shall be deemed to have failed to comply with the conditions of his or her permit.
6: No person shall be precluded by any agreement from doing or refraining from doing such acts as may be necessary to comply with a direction given under this section; and every person who does or refrains from doing any such act shall not thereby suffer, under any agreement, any liability of any kind whatsoever.
7: In this section, the term agreement
46: Unit development
1: If the Minister is satisfied that—
a: the land to which any 2 or more permits or existing privileges
b: in order to or existing privilege or existing privileges the Minister may, on the request of 1 or more of the permit or existing privilege or existing privilege or existing privilege
2: The notice shall specify the land in respect of which, and the period within which, the Minister requires a development scheme to be submitted.
3: If the Minister withholds his or her approval of a development scheme under subsection (1), the Minister shall notify the permit or existing privilege or existing privilege
4: If a development scheme or modified development scheme is not submitted to the Minister within the period specified or existing privilege or existing privilege
5: The Minister may recover from permit or existing privilege holders any costs incurred by him or her in approving or preparing a development scheme under this section, including the costs of any advice received from an independent expert, and may apportion those costs between the holders as he or she thinks fit.
6: Subsection (7) applies if a development scheme is required under subsection (1) for a petroleum mineral deposit.
7: The Minister may, by notice in writing, require 1 or more permit holders or existing privilege holders to suspend or reduce production from any well specified in the notice during the preparation of the development scheme if—
a: the Minister is satisfied that the suspension or reduction is necessary to secure the maximum ultimate recovery of the petroleum mineral deposit; and
b: before issuing the notice, he or she has consulted all relevant permit or existing privilege holders.
8: In subsection (7), permit holder or existing privilege holder Section 46(1) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 46(1) amended 21 August 2003 section 9(1)﻿(d) Crown Minerals Amendment Act 2003 Section 46(1) amended 21 August 2003 section 9(1)﻿(e) Crown Minerals Amendment Act 2003 Section 46(1) amended 21 August 2003 section 9(1)﻿(f) Crown Minerals Amendment Act 2003 Section 46(1)﻿(a) amended 21 August 2003 section 9(1)﻿(a) Crown Minerals Amendment Act 2003 Section 46(1)﻿(b) amended 24 May 2013 section 37(1) Crown Minerals Amendment Act 2013 Section 46(1)﻿(b) amended 21 August 2003 section 9(1)﻿(b) Crown Minerals Amendment Act 2003 Section 46(1)﻿(b) amended 21 August 2003 section 9(1)﻿(c) Crown Minerals Amendment Act 2003 Section 46(3) amended 21 August 2003 section 9(2) Crown Minerals Amendment Act 2003 Section 46(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 46(4) amended 21 August 2003 section 9(3) Crown Minerals Amendment Act 2003 Section 46(5) replaced 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(6) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(7) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(8) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Access to land
47: Permit does not give right of access to land
Subject to section 49
48: Cancellation of any Crown right of entry that is reserved by statute
No right reserved to the Crown, by virtue of any enactment, to enter any land for any purpose in connection with prospecting or exploring for, or mining, any mineral, shall have any effect. Access to land for minimum impact activity
49: Entry on land for minimum impact activity
1: Notwithstanding section 8 sections 50 51 62
2: Subject to sections 8 50 51 62
3: Notwithstanding subsections (1) and (2), no person may enter on land under either of those subsections without the written consent of each owner and occupier, and any customary marine title group each person or group whose consent is required
a: the date of intended entry; and
b: the type and duration of work to be carried out; and
c: a telephone number in New Zealand of the person who intends to enter the land.
4: Every person who enters land under this section shall, if required by any owner or occupier or customary marine title group
5: A person who enters land under this section shall not carry out any activity other than a minimum impact activity. Section 49(3) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 49(4) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
50: Entry on special classes of land for minimum impact activity
1: No person may, without the consent of the owner or occupier of the land, enter land of a class to which any of paragraphs (a) to (g) of section 55(2)
2: This section does not apply in the case of entry onto land that is in the common marine and coastal area. Section 50(2) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
50A: Restricted access to Taranaki conservation land
1: No permit holder (or employee, agent, or contractor of a permit holder) may enter Taranaki conservation land for a purpose in connection with a permit for petroleum other than as set out in sections 49 50
2: Subsection (1) applies despite anything to the contrary in this Act (including sections 1A 53 to 80
3: However, this section does not prevent prospecting, exploration, or mining carried out below the surface of Taranaki conservation land in accordance with section 57
4: In this section, Taranaki conservation land
a: under the Conservation Act 1987
b: under an Act listed in Schedule 1 Section 50A inserted 13 November 2018 section 9 Crown Minerals (Petroleum) Amendment Act 2018
51: Entry on Maori land for minimum impact activity
1: Where a permit holder or any person authorised under section 49
a: ensure that reasonable efforts have been made to consult with those owners of the land able to be identified by the Registrar of the Maori Land Court; and
b: give not less than 10 working days' notice to the local iwi authority of the land to be entered and the matters referred to in section 49(3)
2: No person may, without the consent of the owners of the land, enter Maori land for the purpose of carrying out a minimum impact activity where the land is regarded as waahi tapu by the tangata whenua.
3: No person may, without the consent of the land holding trustee (as defined in section 7
a: registered in the name of Pootatau Te Wherowhero under section 19
b: regarded as waahi tapu by the land holding trustee within the meaning of that Act— for the purpose of carrying out a minimum impact activity.
4: Subsection (1)﻿(b) shall apply in relation to land registered in the name of Pootatau Te Wherowhero under section 19
5: No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the Ngāti Awa governance entity (as defined in section 12
a: registered in the name of Awanuiārangi II as protected land under section 157
b: regarded as wāhi tapu by the Ngāti Awa governance entity.
6: Subsection (1)﻿(b) applies in relation to land registered in the name of Awanuiārangi II as protected land under section 157
a: the land were Maori land; and
b: the Ngāti Awa governance entity were the local iwi authority of the land.
7: No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti Manawa (as those terms are defined in section 10 section 10
8: Subsection (1)﻿(b) applies in relation to land registered in the names of Wharepakau and Tangiharuru as tenants in common under section 104 section 88 section 10 section 10
9: No person may, for the purpose of carrying out a minimum impact activity enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare (as defined in section 10 Ngāti Whare Claims Settlement Act 2012
a: registered in the name of Wharepakau as protected land under section 104
b: regarded as wāhi tapu by the trustees.
10: Subsection (1)﻿(b) applies in relation to land registered in the name of Wharepakau as protected land under section 104 Ngāti Whare Claims Settlement Act 2012 Section 51(3) added 15 November 1995 section 35 Waikato Raupatu Claims Settlement Act 1995 Section 51(4) added 15 November 1995 section 35 Waikato Raupatu Claims Settlement Act 1995 Section 51(5) added 25 March 2005 section 160 Ngāti Awa Claims Settlement Act 2005 Section 51(6) added 25 March 2005 section 160 Ngāti Awa Claims Settlement Act 2005 Section 51(7) inserted 6 April 2012 section 90(5) Ngāti Whare Claims Settlement Act 2012 Section 51(8) inserted 6 April 2012 section 90(5) Ngāti Whare Claims Settlement Act 2012 Section 51(9) inserted 6 April 2012 section 105(6) Ngāti Whare Claims Settlement Act 2012 Section 51(10) inserted 6 April 2012 section 105(6) Ngāti Whare Claims Settlement Act 2012
52: Permit holder may obtain order
Where a permit holder or other person authorised to enter on land under section 49 the District Court Section 52 amended 1 March 2017 section 261 District Court Act 2016 Access to land other than for minimum impact activity
53: Access to land for petroleum
1: This section shall not apply to minimum impact activities.
2: The holder of a permit in respect of petroleum shall not prospect, explore, or mine on or in land to which his or her permit relates otherwise than in accordance with an access arrangement—
a: agreed in writing between the permit holder and each owner and occupier of the land; or
b: determined by an arbitrator in accordance with this Act.
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area. Section 53(3) replaced 24 May 2013 section 38 Crown Minerals Amendment Act 2013 Section 53(3)﻿(b) replaced 19 February 2019 section 12 Crown Minerals Amendment Act 2019
54: Access to land for minerals other than petroleum
1: This section shall not apply to minimum impact activities.
2: The holder of a permit in respect of a mineral (other than petroleum) shall not prospect, explore, or mine on or in land
a: agreed in writing between the permit holder and each owner and occupier of the land; or
b: determined by an arbitrator in accordance with this Act.
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area. Section 54(2) amended 19 February 2019 section 13(1) Crown Minerals Amendment Act 2019 Section 54(2)﻿(a) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 54(2)﻿(b) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 54(3) replaced 24 May 2013 section 39 Crown Minerals Amendment Act 2013 Section 54(3)﻿(b) replaced 19 February 2019 section 13(2) Crown Minerals Amendment Act 2019
54A: Access to Schedule 4 land in common marine and coastal area
Despite sections 53 54 Schedule 4
a: in respect of land that is not subject to a customary marine title order or agreement; and
b: in accordance with an access arrangement agreed in writing—
i: between the permit holder, the Minister, and the appropriate Minister in relation to an activity set out in section 61(1A)﻿(a) to (e)
ii: between the permit holder and the appropriate Minister in relation to an activity set out in section 61(1A)﻿(a) to (e) Section 54A inserted 19 February 2019 section 14 Crown Minerals Amendment Act 2019
55: Restrictions on determination of access arrangements by arbitrators
1: Subject to section 66 each owner and occupier of the land
2: Unless otherwise agreed between each owner and occupier of the land
a: any land held or managed under the Conservation Act 1987 Schedule 1
b: land subject to an open space covenant in terms of the Queen Elizabeth the Second National Trust Act 1977
c: land subject to a covenant in terms of the Conservation Act 1987 Reserves Act 1977
d: land for the time being under crop:
e: land used as or situated within 30 metres of a yard, stockyard, garden, orchard, vineyard, plant nursery, farm plantation, shelterbelt, airstrip, or indigenous forest:
f: land which is the site of or situated within 30 metres of any building, cemetery, burial ground, waterworks, race, or dam:
g: land having an area of 4.05 hectares or less.
3: Land within the common marine and coastal area is deemed, for the purpose of subsection (2), not to be within any of the classes of land described in that subsection. Section 55(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 55(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 55(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 55(2) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 55(3) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
56: Provisions relating to access arrangements
Where an owner or occupier has entered into an access arrangement, the arrangement shall be binding on the owner or occupier and, subject to the requirements of section 83
57: Meaning of entry on land
For the purposes of sections 53 to 54A
a: will not or is not likely to cause any damage to the surface of the land or any loss or damage to the owner or occupier of the land; or
b: will not or is not likely to have any prejudicial effect in respect of the use and enjoyment of the land by the owner or occupier of the land; or
c: will not or is not likely to have any prejudicial effect in respect of any possible future use of the surface of the land. Section 57 amended 19 February 2019 section 15 Crown Minerals Amendment Act 2019
58: Disputes as to classification of land and activities
1: If any dispute arises as to whether or not—
a: any land is included in a class of land referred to in section 55
b: any activity is a minimum impact activity; or
c: prospecting, exploration, or mining carried out below the surface of any land constitutes prospecting, exploration, or mining on or in land for the purposes of any of sections 53 to 54A a party to the dispute may apply to the District Court
2: At least 10 days' notice in writing of any such application shall be given by the applicant to every other party to the dispute.
3: On the receipt of any such application, the Registrar of the District Court shall give notice of the time and place fixed for the hearing of the application to the applicant and every other party to the dispute.
4: The applicant and every other party to the dispute shall be entitled to be present and to be heard at the hearing of the application. Section 58(1) amended 1 March 2017 section 261 District Court Act 2016 Section 58(1)﻿(c) amended 19 February 2019 section 16 Crown Minerals Amendment Act 2019
59: Notice of request for grant of right of access
1: Every person wishing to obtain an access arrangement in order to prospect, explore, or mine on or in land shall serve on each owner and occupier of the relevant land a notice in writing of that person's intention to obtain an access arrangement.
2: Every notice under subsection (1) shall, in addition to matters required by regulations, specify—
a: the land affected; and
b: the purpose for which the right of access is required; and
c: the proposed programme of work including the type and duration of work to be carried out and the likely adverse effect on the land or the owner or occupier of the land; and
d: the compensation and safeguards against any likely adverse effects proposed; and
e: the type of permit held or applied for by the person giving the notice ; and
f: if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought.
3: Where an access arrangement is obtained by way of agreement, and the requirements of this section were not complied with in a material way, then such agreement shall be of no force or effect unless the non-compliance is waived in writing by the owner or occupier affected. Section 59(2)﻿(e) amended 24 May 2013 section 40(1) Crown Minerals Amendment Act 2013 Section 59(2)﻿(f) inserted 24 May 2013 section 40(2) Crown Minerals Amendment Act 2013
60: Grant of right of access by access arrangement
1: An access arrangement in relation to land may make provision for or with respect to the following matters:
a: the periods during which the permit holder is to be permitted access to the land:
b: the parts of the land on or in which the permit holder may explore, prospect, or mine and the means by which the permit holder may gain access to those parts of the land:
c: the kinds of prospecting, exploration, or mining operations that may be carried out on or in the land:
d: the conditions to be observed by the permit holder in prospecting, exploring, or mining on or in the land:
e: the things which the permit holder needs to do in order to protect the environment while having access to the land and prospecting, exploring, or mining on or in the land:
f: the compensation to be paid to any owner or occupier of the land as a consequence of the permit holder prospecting, exploring, or mining on or in the land:
g: the manner of resolving any dispute arising in connection with the arrangement:
h: the manner of varying the arrangement:
i: such other matters as the parties to the arrangement may agree to include in the arrangement.
2: In considering whether to agree to an access arrangement, an owner or occupier of land (other than Crown land) may have regard to such matters as he or she considers relevant.
61: Access arrangements in respect of Crown land
and land in common marine and coastal area
1: The appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to section 54A
a: an initial access arrangement in relation to a Tier 2 permit:
b: a variation to an existing access arrangement in relation to a Tier 2 permit:
c: a variation to an existing access arrangement in relation to a Tier 1 permit, except if the variation is to allow access for the purpose of significant exploration or mining activities.
1AA: The Minister and the appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to section 54A
a: an initial access arrangement in relation to a Tier 1 permit:
b: a variation to an existing access arrangement in relation to a Tier 1 permit if the variation is to allow access for the purpose of significant exploration or mining activities.
1AAB: The appropriate Minister must determine whether or not activities are significant exploration or mining activities for the purposes of this section and, in doing so, must have regard to—
a: the effects the activities are likely to have on conservation values for the land concerned; and
b: the effects the activities are likely to have on other activities on the land; and
c: the activities' net impact on the land, either while the activities are taking place or after their completion; and
d: any other matters that the appropriate Minister considers relevant to achieving the purpose of this Act.
1A: The appropriate Minister (in the case of subsection (1)) or the Minister and the appropriate Minister (in the case of subsection (1AA)) , or variation to an access arrangement, or enter into any access arrangement, or variation to an access arrangement, or land of the common marine and coastal area Schedule 4
a: that are necessary for the construction, use, maintenance, or rehabilitation, of an emergency exit or service shaft for an underground mining operation, where these cannot safely be located elsewhere, provided that it does not result in—
i: any complete stripping of vegetation over an area exceeding 100 square metres; or
ii: any permanent adverse impact on the profile or surface of the land which is not a necessary part of any such activity:
b: that do not result in—
i: any complete stripping of vegetation over an area exceeding 16 square metres; or
ii: any permanent adverse impact on the profile or surface of the land that is not a necessary part of any activity specified in paragraph (a):
c: a minimum impact activity:
d: gold fossicking carried out in an area designated as a gold fossicking area under section 98 or 98A
e: any special purpose mining activity carried out in accordance with a mining permit.
2: In considering whether to agree to an access arrangement , or variation to an access arrangement, appropriate Minister (in the case of subsection (1)) or the Minister and the appropriate Minister (in the case of subsection (1AA))
a: the objectives of any Act under which the land is administered; and
b: any purpose for which the land is held by the Crown; and
c: any policy statement or management plan of the Crown in relation to the land; and
d: the safeguards against any potential adverse effects of carrying out the proposed programme of work; and
da: the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and
db: if section 61C(3)
e: any other matters that that Minister or those Ministers consider relevant.
3: Where a permit holder has secured the right, under the Resource Management Act 1991 section 2(1)
4: Subject to subsections (6) to (9) Schedule 4
5: Before making any recommendation for the purposes of subsection (4), the Minister and the Minister of Conservation must consult to the extent that is reasonably practicable, having regard to all the circumstances of the particular case, those persons the Ministers have reason to believe are representative of interests likely to be substantially affected by the Order in Council or representative of some aspect of the public interest.
6: No Order in Council may be made under subsection (4) in respect of any land held under the Conservation Act 1987 section 18(1)
a: the particular scientific value for which the land is held; and
b: the value of any Crown owned
7: Notwithstanding subsection (6), no Order in Council may be made under subsection (4) in respect of any ecological area to the extent that the ecological area includes land subject to Schedule 4
8: No Order in Council may be made under subsection (4) in respect of—
a: Red Mercury Island (Whakau); or
b: Green Island; or
c: Atiu or Middle Island; or
d: Korapuki Island,— all situated in the Mercury Islands.
9: No Order in Council may be made under subsection (4) that results in land within a category of land described in clauses 1 to 8
10: To avoid doubt, subsection (9) does not limit or affect—
a: any provision of any other enactment that has the effect of excluding land from clauses 1 to 8
b: any action taken under a provision of any other enactment that has the effect of excluding land from clauses 1 to 8
11: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61 heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(1) replaced 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1) amended 19 February 2019 section 17(1) Crown Minerals Amendment Act 2019 Section 61(1AA) inserted 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1AA) amended 19 February 2019 section 17(1) Crown Minerals Amendment Act 2019 Section 61(1AAB) inserted 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1A) inserted 26 November 1997 section 2(1) Crown Minerals Amendment Act (No 2) 1997 Section 61(1A) amended 19 February 2019 section 17(2) Crown Minerals Amendment Act 2019 Section 61(1A) amended 24 May 2013 section 41(3) Crown Minerals Amendment Act 2013 Section 61(1A) amended 24 May 2013 section 41(4) Crown Minerals Amendment Act 2013 Section 61(1A) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(1A)﻿(d) amended 24 May 2013 section 41(5) Crown Minerals Amendment Act 2013 Section 61(1A)﻿(e) replaced 24 May 2013 section 41(6) Crown Minerals Amendment Act 2013 Section 61(2) amended 19 February 2019 section 17(3) Crown Minerals Amendment Act 2019 Section 61(2) amended 24 May 2013 section 41(7) Crown Minerals Amendment Act 2013 Section 61(2)﻿(da) inserted 24 May 2013 section 41(9) Crown Minerals Amendment Act 2013 Section 61(2)﻿(db) inserted 24 May 2013 section 41(9) Crown Minerals Amendment Act 2013 Section 61(2)﻿(e) replaced 19 February 2019 section 17(4) Crown Minerals Amendment Act 2019 Section 61(3) added 28 September 1993 Crown Minerals Amendment Act 1993 Section 61(4) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(4) amended 24 May 2013 section 41(11) Crown Minerals Amendment Act 2013 Section 61(5) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(6) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(6)﻿(b) amended 24 May 2013 section 41(12) Crown Minerals Amendment Act 2013 Section 61(7) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(7) amended 21 October 2000 section 22 Forests (West Coast Accord) Act 2000 Section 61(8) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(9) inserted 24 May 2013 section 41(13) Crown Minerals Amendment Act 2013 Section 61(10) inserted 24 May 2013 section 41(13) Crown Minerals Amendment Act 2013 Section 61(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
61A: Access to Crown land where mineral not property of the Crown
1: A person must not prospect, explore, or mine in any Crown land in respect of any mineral that is not the property of the Crown otherwise than in accordance with an access arrangement entered into under section 61B
2: Nothing in sections 54 to 59 61 62 to 75 78 to 82 89
3: For the purposes of section 61B 60 76 83 to 88
a: the term permit
b: the term permit holder Section 61A inserted 29 October 1997 section 3 Crown Minerals Amendment Act 1997
61B: Access arrangements in respect of Crown land where mineral not property of the Crown
1: The appropriate Minister may, by agreement, enter into an access arrangement in respect of Crown land for the purpose of granting access to any mineral that is not the property of the Crown.
2: In considering whether to agree to an access arrangement in respect of Crown land for that purpose, the appropriate Minister must have regard to—
a: the objectives of any Act under which the land is administered; and
b: any purpose for which the land is held by the Crown; and
c: any policy statement or management plan of the Crown in relation to the land; and
d: the safeguards against any potential adverse effects of carrying out the proposed programme of work in relation to the mineral; and
e: the interests of the owner of the mineral, or of any person to whom the owner of the mineral has granted any rights in relation to the mineral, in obtaining access to that mineral; and
f: such other matters as the appropriate Minister considers relevant.
3: Where the owner of the mineral or any person to whom the owner of the mineral has granted any rights in relation to the mineral, as the case may be, has secured the right, under the Resource Management Act 1991 section 2(1) Section 61B inserted 29 October 1997 section 3 Crown Minerals Amendment Act 1997
61C: Public notification of certain access arrangements
1: This section applies if an application under section 61
2: The Minister of Conservation must determine whether or not the proposed activities are significant mining activities and, in doing so, must have regard to—
a: the effects the activities are likely to have on conservation values for the land concerned; and
b: the effects the activities are likely to have on other activities on the land; and
c: the activities' net impact on the land, either while the activities are taking place or after their completion; and
d: any other matters that the Minister considers relevant to achieving the purpose of this Act.
3: If the Minister of Conservation determines the proposed mining activities to be significant mining activities,—
a: he or she must ensure that the application is publicly notified in accordance with section 49 an application for a concession that is
b: section 49
c: the Director-General of Conservation must perform the duties required by that section as if the application were a proposal, including sending a recommendation and summary of objections and comments received to the Minister of Conservation and, if the application relates to a matter to which section 61(1AA)
4: The public notification of an application in accordance with subsection (3) may (without limitation) be conducted in conjunction with the public notification of any related concession application under the Conservation Act 1987 Section 61C inserted 24 May 2013 section 42 Crown Minerals Amendment Act 2013 Section 61C(3)﻿(a) amended 18 October 2017 section 206(2) Resource Legislation Amendment Act 2017
62: Prohibition of access in respect of Crown land
1: The Governor-General may, by Order in Council made on the recommendation of the Minister and the Minister administering the land concerned, prohibit access in respect of any Crown land.
2: No minimum impact activities shall be carried out on land subject to an Order in Council under subsection (1).
3: No access arrangement shall be made in respect of any land subject to an Order in Council under subsection (1).
4: An Order in Council made under subsection (1) shall not affect—
a: any access arrangement entered into before the date of the Order in Council or any rights granted under such an arrangement; or
b: the rights of the holder of an existing privilege under Schedule 1
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 62(4)﻿(b) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 62(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
63: Request for appointment of arbitrator
1: If, by the end of 60 days (or, in the case of access required for a geophysical survey, 30 days) after a person serves notice in writing under section 59
2: The person desiring access, and each owner and occupier of the land concerned, may agree to the appointment of any person as arbitrator.
64: Appointment of arbitrator in default of agreement
1: If, by the end of 30 days after a person desiring access serves notice in accordance with section 63 chief executive
2: Every such application shall be accompanied by the prescribed fee.
3: On receipt of such an application the chief executive Section 64(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 64(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
65: Fixing time and place for conducting hearing
1: As soon as practicable after having been appointed, an arbitrator shall—
a: fix a time and place for conducting a hearing into the question of access to the land concerned; and
b: cause notice of his or her
2: The arbitrator may, by a further notice served on the person desiring access and on each of the owners and occupiers of the land concerned (whether on the application of the person desiring access or of any owner or occupier of that land or otherwise), vary the time or place fixed for conducting the hearing.
3: The arbitrator shall, at the time and place fixed under this section, conduct a hearing into the question of access to the land concerned. Section 65(1)﻿(b) amended 28 September 1993 Crown Minerals Amendment Act 1993
66: Declaration by Order in Council that access arrangement may be determined by arbitrator
1: If—
a: the owner or occupier of any land which is subject to a permit fails or refuses to enter into an access arrangement with the holder of the permit in respect of such land by the end of 60 days after the holder has served on the owner or occupier a notice of intention to obtain an access arrangement as specified in section 59
b: the land is not Maori land, or land registered in the name of Pootatau Te Wherowhero under section 19 section 55(2) the permit holder may apply to the chief executive
2: On receiving an application under subsection (1), the chief executive
3: If the Minister, after considering the application and the chief executive's
a: enter into an access arrangement with the permit holder; or
b: consent in writing to an arbitrator determining an access arrangement; or
c: make representations to the Minister as to why a declaration should not be made under this section.
4: A notice under subsection (3) shall specify the land to which it relates and the public interest grounds which the Minister considers support the application, and shall have attached to it a copy of the application.
5: If, within the period of 3 months referred to in subsection (3),—
a: an access arrangement between the permit holder and the owner and occupier is not entered into; or
b: the owner and occupier do not consent to an arbitrator determining an access arrangement— the Governor-General, within 3 months after the expiry of that period, may by Order in Council on the joint advice of the Minister
6: A consent given or declaration made under this section shall entitle an arbitrator to proceed to determine an access arrangement between the applicant under this section and the owner and occupier of the land concerned; and any such arrangement shall be effective in respect of the land to which it relates.
7: An order under subsection (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 66(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(1)﻿(b) amended 15 November 1995 section 36 Waikato Raupatu Claims Settlement Act 1995 Section 66(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
67: Right of appearance
1: At any hearing by an arbitrator into the question of access, a person desiring access to the land concerned, and each of the owners and occupiers of the land, are entitled to appear and be heard.
2: A party to a hearing may be represented by counsel or otherwise.
68: Conciliation
1: An arbitrator shall not make a determination until the arbitrator has brought, or has used his or her best endeavours to bring, the parties to a settlement acceptable to all of them.
2: If the parties come to such a settlement, the arbitrator shall make a determination which gives effect to the terms of the settlement.
69: Procedure
1: Except as otherwise provided by this Act, the procedure at a hearing shall be as determined by the arbitrator.
2: An arbitrator shall act according to equity, good conscience, and the substantial merits of the case without regard for technicalities or legal forms.
3: An arbitrator may conduct a hearing even though 1 or more of the parties to the hearing fails to attend the hearing.
70: Determination of access arrangement, etc
1: As soon as practicable after conducting a hearing, the arbitrator shall determine an access arrangement in respect of the land concerned giving the person desiring access access to the land on reasonable conditions, and serve a copy of the arrangement on each of the parties to the hearing.
2: An access arrangement that is determined by an arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner or occupier of the land is entitled under section 76
3: Where the person desiring access has not obtained the required permit under this Act at the time of the determination of an access arrangement, the arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner and occupier would be entitled under section 76
71: Effect of access arrangement, etc
An access arrangement determined by an arbitrator—
a: takes effect when a copy of the arrangement has been served on each of the parties to the hearing and the person desiring access has complied with the requirements of section 83
b: has effect as if its terms were embodied in a deed that had been duly executed by each of the parties; and
c: runs with the land and binds all subsequent owners and occupiers.
72: Variation of access arrangements
An access arrangement determined by an arbitrator may, subject to the terms of the arrangement, be varied by the arbitrator with the consent of all of the parties to the arrangement, or their successors.
73: Costs
Each party's costs, and the arbitrator's costs, in relation to the hearing shall be borne by the person desiring access.
74: Withdrawal from arbitration
1: The parties to a hearing may, at any time before the conclusion of the hearing, terminate the hearing by notice in writing, signed by all of the parties, served on the arbitrator.
2: This section does not limit the liability of the person desiring access to bear the arbitrator's costs in relation to the hearing.
75: Liability
Subject to section 76(4)
a: any determination made by the arbitrator; or
b: any publication made by the arbitrator; or
c: any other act, matter, or thing done by the arbitrator— for the purposes of a hearing, as long as the determination, publication, act, matter, or thing was made or done in good faith.
76: Compensation for owners and occupiers
1: Where a person is authorised to prospect, explore, or mine on or in land by a permit granted under this Act and by an access arrangement in respect of that land, the owner and occupier of the land are entitled to compensation from the permit holder for injurious affection and all other loss or damage suffered, or likely to be suffered, by them as a result of the grant of the permit or the exercise of the rights conferred by this Act, or by the permit, or by an access arrangement; and such compensation shall include all of the following:
a: reimbursement of all reasonable costs and expenses incurred by the owner or occupier in respect of negotiations with the permit holder and all reasonable legal and valuation fees in respect of the determination of an access arrangement:
b: reimbursement for loss of income:
c: a sum by way of solatium for loss of privacy and amenities:
d: reimbursement of all reasonable costs incurred in ensuring compliance with, and monitoring of, the access arrangement.
2: In assessing the amount of compensation to which an owner or occupier is entitled under subsection (1), an arbitrator shall assess it in accordance with the provisions of the Public Works Act 1981
a: where any land damaged is flat land the use of which is necessary for the proper working of hill land, the extent to which the value of the hill land is affected shall, in addition, be taken into account; and
b: where an Order in Council has been made under section 66
3: For the purposes of subsection (2)﻿(b)—
a: the owner and occupier and any other person may give such information to the arbitrator as they possess:
b: the arbitrator may require the person desiring access to give such information to the arbitrator as the arbitrator determines regarding the consideration agreed to be paid by that person for an access arrangement entered into with any other owner and occupier in any comparable situation.
4: Any information provided by a person to an arbitrator pursuant to subsection (3)﻿(b) shall be treated as confidential by the arbitrator, and section 75
5: If a person desiring access fails or refuses to give any information pursuant to subsection (3)﻿(b) to the arbitrator's satisfaction, within such reasonable period as is specified by the arbitrator, the arbitrator shall refuse to determine an access arrangement.
6: In considering the provision of compensation as part of an access arrangement, an arbitrator shall have regard to any monetary or non-monetary compensation offered to the owner or occupier by a person desiring access.
7: Where an owner or occupier suffers loss, injury, or damage due to the activities of a permit holder or of a person authorised under section 49(1)
8: In default of agreement between the parties, compensation payable under subsection (7) shall be assessed and determined by an arbitrator appointed in the same manner as for the determination of an access arrangement; and the provisions of this Act relating to the determination of an access arrangement shall, with all necessary modifications, apply accordingly.
77: Compliance with access conditions
No person entitled to exercise a right of access by virtue of an access arrangement shall contravene the conditions of the arrangement.
78: Absentee or unknown owner of land
1: Where an owner or occupier of land with whom it is desired to enter into an access arrangement under this Part is—
a: of unknown whereabouts and has no known agent; or
b: unknown,— the person seeking the right of access may, after notifying Public Trust the District Court Public Trust it
2: On the making of such an order, Public Trust
3: Any compensation payable under an access arrangement to an owner or occupier to which an order under subsection (1) applies shall be paid to Public Trust
4: Where any doubt or dispute arises as to the right of any person to receive compensation held by Public Trust Public Trust Section 78(1) amended 1 March 2017 section 261 District Court Act 2016 Section 78(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(4) amended 1 March 2002 section 170(1) Public Trust Act 2001
79: Absentee or unknown owner of minerals
1: If any person desires to enter into an agreement with the owner of a mineral estate for the purpose of acquiring title to or any interest in the mineral estate, and if the owner is—
a: unknown; or
b: of unknown whereabouts and has no known agent; or
c: an infant, a mentally disordered person, or a person under some other legal disability,— then in the absence of steps taken to appoint a person to represent the owner and after notifying Public Trust Public Trust it
2: On the making of such an order, Public Trust
3: Public Trust
4: Any money payable pursuant to any such agreement shall be paid to Public Trust Public Trust it it
5: If any doubt or dispute arises as to the rights of any person to receive the money held by Public Trust Public Trust Public Trust Section 79(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(5) amended 1 March 2002 section 170(1) Public Trust Act 2001
80: Access arrangements in respect of Maori land
1: Except where the land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori section 50 section 60 section 76
2: If any Maori land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori Trustee), the owner or the body corporate or the trustee, as the case may be, may appoint the Māori section 50 section 60 section 76 Māori
3: Any compensation agreed upon in any case where the Māori Māori Māori
4: If he or she thinks fit to do so, the Māori
5: Any action or decision of the Māori Māori Section 80(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 80(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 80(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 80(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 80(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Notation on land titles
81: Lodging and notation of permits
Section 81 repealed 21 August 2003 section 10 Crown Minerals Amendment Act 2003
82: Lodging of certificates of extension
Section 82 repealed 21 August 2003 section 11 Crown Minerals Amendment Act 2003
83: Notation of access rights on land titles
1: On entering into an access arrangement that is of more than 6 months’ duration from its date of commencement, the permit holder or applicant for a permit who entered into the arrangement must as soon as practicable lodge with the Registrar-General of Land a notice of the particulars of the arrangement with a copy of the arrangement attached, and any fee prescribed by regulations under the Land Transfer Act 2017
2: A copy of an arrangement lodged under subsection (1) may have excluded from it any monetary sums paid or agreed to be paid under it.
3: On receipt of a notice under subsection (1) and of the prescribed fee, the Registrar-General of Land must, if everything is in order, note the notice by recording it on the relevant record of title. Section 83 replaced 12 November 2018 section 250 Land Transfer Act 2017
84: Entry of permit and access particulars acts as notice only
1: The notation on a record of title by the Registrar-General of Land of the particulars of a permit or access arrangement operates only as notice of the existence of the permit or access arrangement and does not create any estate or interest under the Land Transfer Act 2017
2: This section does not apply to particulars of a permit granted after 21 August 2003 Section 84(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 84(2) added 21 August 2003 section 12 Crown Minerals Amendment Act 2003 Section 84(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
85: Land Transfer Act 2017 not to limit or affect rights under permits or rights of access
1: Nothing in the Land Transfer Act 2017 Registrar-General of Land section 81 the Registrar-General of Land section 83
2: This section does not apply to particulars of a permit granted after 21 August 2003 Section 85(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 85(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 85(2) added 21 August 2003 section 13 Crown Minerals Amendment Act 2003 Section 85(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
86: Notation of mineral ownership on land titles
1: Any person may apply to the Registrar-General of Land record of title Registrar-General of Land
2: Every application under subsection (1) shall be in the form prescribed under the Land Transfer Act 2017 Registrar-General of Land Land Transfer Act 2017
3: On the lodging with the Registrar-General of Land
a: an application under subsection (1); or
b:
c: an instrument evidencing a transfer of or dealing with the ownership of a mineral; or
d: an instrument having the effect of alienating land from the Crown,— the Registrar-General of Land record of title
4: Where the Registrar-General of Land Land Transfer Act 2017 Registrar-General of Land Registrar-General of Land Surveyor-General
5: Section 86(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(3)﻿(b) repealed 21 August 2003 section 14(1) Crown Minerals Amendment Act 2003 Section 86(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(5) repealed 12 November 2018 section 250 Land Transfer Act 2017
87: Certified copies of
1: The Registrar-General of Land Land Transfer Act 2017 Registrar-General of Land
2: Any such certified copy that is signed by the Registrar-General of Land Section 87 heading amended 21 August 2003 section 15(1) Crown Minerals Amendment Act 2003 Section 87(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 87(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 87(1) amended 21 August 2003 section 15(2) Crown Minerals Amendment Act 2003 Section 87(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 87(2) amended 21 August 2003 section 15(3) Crown Minerals Amendment Act 2003
88: Recorded documents to be open for search
Section 88 repealed 12 November 2018 section 250 Land Transfer Act 2017
89: Revision of records
1: On the receipt by the Registrar-General of Land Registrar-General of Land
2: This section applies only to permits lodged before 21 August 2003 Section 89(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 89(2) added 21 August 2003 section 17 Crown Minerals Amendment Act 2003 Section 89(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
2: Decommissioning of petroleum infrastructure and wells
Subpart 2 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89A: Application of this subpart
This subpart applies to—
a: a permit holder:
b: any person who applies for a permit before commencement if the application has not been determined on commencement:
c: a licence holder:
d: a person who transfers a permit or licence or all or part of a participating interest in a permit or licence on or after commencement, and a person to whom the permit or licence or all or part of a participating interest is transferred:
e: a person who on commencement held a permit which has subsequently expired, been surrendered, or revoked (former permit holder):
f: a person who on commencement held a licence which has subsequently expired, been surrendered, or revoked (former licence holder). Section 89A inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89B: Relationship between this subpart and other enactments
1: This subpart does not limit or affect any person’s obligations under another enactment (for example, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Health and Safety at Work Act 2015
2: Any requirement under this subpart for a person to supply information does not replace or limit any requirement for that person to supply information under other provisions in this Act or another enactment.
3: An exemption granted under this subpart from complying with a decommissioning requirement under this subpart does not exempt the person from complying with another enactment. Section 89B inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89C: Relationship between sections 42B and 42C, this subpart, and existing conditions of permits and licences
1: If the requirements of sections 42B 42C the provisions
2: On commencement, each permit and licence is deemed to contain a condition that repeats the provisions of subsection (1). Section 89C inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89D: Interpretation
In this subpart, unless the context otherwise requires,— commencement current licence holder current permit holder licence Part 1 permit petroleum infrastructure section 89F plugging and abandonment section 89Q well
a: means a borehole drilled or re-entered for the purposes of exploring for, appraising, or extracting petroleum; and
b: includes—
i: any borehole used for injection or reinjection purposes; and
ii: any down-hole pressure-containing equipment; and
iii: the wellhead; and
iv: any other prescribed thing wellhead Section 89D inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89E: Decommissioning
1: In this Act, unless the context otherwise requires, decommissioning
a: means an activity undertaken under any enactment (for example, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Health and Safety at Work Act 2015
b: includes (without limitation) and to the extent required by this Act or another enactment or by standards or by a regulatory agency,—
i: removing petroleum infrastructure; and
ii: plugging and abandoning a well; and
iii: undertaking site restoration when production of a well ceases (for whatever reason); and
iv: any other prescribed activity in relation to any petroleum infrastructure, or well drilled for the purposes of exploring or prospecting for, or mining of, petroleum.
2: However, if in relation to petroleum infrastructure, no other enactment, relevant standard, or requirement by a regulatory agency contains any requirements or standards relating to the method of decommissioning a particular item of petroleum infrastructure, that infrastructure must be decommissioned by totally removing it.
3: Despite subsection (2), an item of infrastructure left in place in accordance with a process set out in the regulations (if any) must be treated as having been decommissioned. Section 89E inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89F: Petroleum infrastructure
In this Act, unless the context otherwise requires, petroleum infrastructure
a: means—
i: a structure (within the meaning of section 101A
A: up until the point when the petroleum enters infrastructure used by a person other than a current permit holder or licence holder; and
B: up until the point when the infrastructure is used for distributing or transporting the petroleum, or otherwise ceases to be part of the system for producing petroleum:
ii: any equipment attached to, or used in connection with, a structure, well, vessel, or site, including cables, pipelines, flow-lines, gas lift lines, umbilicals, manifolds, and moorings:
iii: any other prescribed thing or class of thing used in connection with, prospecting or exploring for, or mining of, petroleum; but
b: does not include—
i: a well:
ii: any unmoored ship:
iii: any vehicle:
iv: any other prescribed thing or class of thing. Section 89F inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89G: Conditions relating to decommissioning
1: This section applies—
a: if the Minister, on or after commencement, grants a permit:
b: if the Minister, on or after commencement, consents to the transfer of all or part of a participating interest in a permit under section 41 Petroleum Act 1937 clause 12(1)﻿(a)
c: at any time on or after commencement while a permit or licence (whenever granted) is in force.
2: The Minister may (on the grant of a permit, or on giving consent to the transfer of a licence or all or part of a participating interest in a permit or licence, or on giving consent to a change of control, or when agreeing or determining the amount or kind of financial security required, or when specifying a timetable for decommissioning, or if the permit or licence holder consents) impose or vary conditions on the permit or licence holder in relation to the decommissioning of petroleum infrastructure or a well. Section 89G inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89H: Meaning of relevant older petroleum infrastructure
1: In this subpart, relevant older petroleum infrastructure
a: means,—
i: in relation to a current or former permit holder, petroleum infrastructure—
A: put in place or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder) under a permit that was exchanged for the current permit or the former permit under section 32
B: that was in place at the time the exchange occurred:
ii: also, in relation to a current or former permit holder, petroleum infrastructure put in place or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder)—
A: in a part of the permit area or licence area of any former holder’s permit or licence that was subsequently relinquished or surrendered and included on the same day in the permit area of the current permit or included on the same day in a previous permit area or licence area and then subsequently included in the permit area of the current permit; or
B: anywhere outside the permit area or licence area, but used solely to facilitate activities conducted in the permit or licence area to be relinquished or surrendered:
iii: in relation to a current or former licence holder, petroleum infrastructure—
A: put in place or used by a licence holder (whether the current licence holder or a different licence holder) under a licence that was exchanged for the current licence or the former licence under section 9(3) sections 11 12 Petroleum Act 1937
B: that was in place at the time the exchange occurred:
iv: also, in relation to a current or former licence holder, petroleum infrastructure put in place or used by a licence holder (whether the current licence holder or a different licence holder)—
A: in a part of the licence area or licence area of any former licence holder that was subsequently surrendered and included on the same day in the licence area of the current licence or included on the same day in a previous licence area and then subsequently included in the licence area of the current licence; or
B: anywhere outside the licence area, but used solely to facilitate activities conducted in the licence area to be surrendered:
v: also includes any class, or item, of petroleum infrastructure declared by the regulations, in relation to a class of, or individual, permit or licence holders, to be relevant older petroleum infrastructure (irrespective of whether any of the preceding paragraphs apply to the class or item of petroleum infrastructure); but
b: excludes any class, or item, of petroleum infrastructure declared by the regulations, in relation to a class of, or individual, current permit or licence holders, not to be relevant older petroleum infrastructure (irrespective of whether any of the preceding subparagraphs apply to the class or item of petroleum infrastructure).
2: In this section and section 89I
a: any reference to a permit or a former permit includes a permit or former permit of any kind:
b: any reference to a licence or former licence includes a licence or former licence of any kind. Section 89H inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89I: Meaning of relevant older well
In this subpart, relevant older well
a: means,—
i: in relation to a current or former permit holder, a well—
A: drilled or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder) under a permit or licence that was exchanged for the current permit under section 32
B: that was in place at the time the exchange occurred:
ii: also, in relation to a current or former permit holder, a well drilled or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder)—
A: in a part of the permit area or licence area of any former holder’s permit or licence that was subsequently relinquished or surrendered and included on the same day in a permit area of the current permit or included on the same day in a previous permit area or licence area and then subsequently included in the permit area of the current permit; or
B: anywhere outside the permit area or licence area, but used solely to facilitate activities conducted in the permit or licence area to be relinquished or surrendered:
iii: in relation to a current or former licence holder, a well—
A: drilled or used by a licence holder (whether the current licence holder or a different licence holder) under a licence that was exchanged for the current licence under section 9(3) sections 11 12 Petroleum Act 1937
B: that was in place at the time the exchange occurred:
iv: also, in relation to a current or former licence holder, any well put in place or used by the current licence holder or a different licence holder—
A: in a part of the licence area or licence area of any former holder’s licence that was subsequently surrendered and included on the same day in the licence area of the current licence or included on the same day in a previous licence area and then subsequently included in the licence area of the current licence; or
B: anywhere outside the licence area, but used solely to facilitate activities conducted in the licence area to be surrendered:
v: any well included in the permit area of a current licence or permit that was used to delineate or appraise a deposit or occurrence of petroleum that the current permit or licence relates to (whether that well was drilled under the current licence or permit or a former licence or permit):
vi: also any class of well or individual well declared in the regulations, in relation to a class of, or individual, permit or licence holders, to be a relevant older well (irrespective of whether any of the preceding subparagraphs apply to the class of well or individual well); but
b: excludes any class of well declared by the regulations, in relation to a class of current permit or licence holders, not to be a relevant older well (irrespective of whether any of the preceding subparagraphs apply to the class of well or individual well). Section 89I inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Decommissioning obligations for petroleum infrastructure Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89J: Obligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure
1: A person who holds or will hold a permit at the time the obligation to decommission is required to be completed must carry out, and meet the costs of, the decommissioning of all petroleum infrastructure—
a: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit (whenever granted), and all relevant older petroleum infrastructure; and
b: in a case where only part of the permit area is to be relinquished or surrendered, located in the area of the permit that is to be relinquished or surrendered, and all relevant older petroleum infrastructure.
2: A person with a participating interest in a permit (whenever granted) who transfers all or any part of their participating interest in the permit on or after commencement, but before decommissioning is completed, must meet the costs of decommissioning all petroleum infrastructure—
a: that is—
i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit:
ii: relevant older petroleum infrastructure; and
b: that is in place when consent to the transfer is given under section 41
3: Subsection (2) does not apply in respect of all or any part of a participating interest in a permit that is transferred to the Minister.
4: A transfer of a participating interest in a permit is effective on and after the date of the Minister’s consent to that transfer under section 41
5: Subsections (1), (2), and (4) are subject to sections 89L 89M Section 89J inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89K: Obligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure
1: A person who holds or will hold a licence at the time the obligation to decommission is required to be completed must carry out, and meet the costs of, the decommissioning of all petroleum infrastructure—
a: put in place or used for the purpose of carrying out, or otherwise related to, activities authorised by the current licence (whenever granted), and all relevant older petroleum infrastructure; and
b: in a case where only part of the licence area is to be surrendered, located in the area of the licence that is to be surrendered, and all relevant older petroleum infrastructure.
2: A licence holder or any person with a participating interest in a licence who transfers the licence, or all or any part of their participating interest in the licence, on or after commencement but before decommissioning is completed must meet the costs of decommissioning all petroleum infrastructure—
a: that is—
i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the licence:
ii: relevant older petroleum infrastructure; and
b: that is in place when consent to the transfer is given under the Petroleum Act 1937 clause 12(1)﻿(a)
3: Subsection (2) does not apply in respect of a licence, or all or any part of a participating interest in a licence, that is transferred to the Minister.
4: A transfer of a licence or a participating interest in a licence is effective on settlement of the agreement to transfer the licence or the interest in the licence.
5: Subsections (1), (2), and (4) are subject to sections 89L 89M Section 89K inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89L: Further obligations on transferors and transferees and Minister
1: This section applies to—
a: a person ( person A
b: a person ( person B
c: the Minister.
2: Person A continues (to the extent provided in section 89M
a: that is—
i: put in place or used for the purpose of carrying out, or otherwise related to, activities authorised by the permit or licence:
ii: relevant older petroleum infrastructure; and
b: that is in place when consent to the transfer is given under section 41 Petroleum Act 1937 clause 12(1)﻿(a)
3: The Minister, before consenting to the transfer of a licence or a participating interest in a permit or licence, must be satisfied that person B has, in accordance with the directions of the Minister,—
a: entered into a financial security (with all the other persons with a participating interest in the licence or permit) that a permit holder or licence holder is required to obtain and maintain in accordance with sections 89ZL to 89ZR
b: become a party to an existing financial security (entered into by all the other persons with a participating interest in the licence or permit) that was entered into previously in accordance with those sections, and within the time specified by the Minister.
4: A financial security referred to in subsection (3) may also be designed and operate to satisfy the requirements of section 89T(3)
5: If person B fails to comply with subsection (3),—
a: to the extent provided in section 89M
b: person A must be treated as continuing to be the holder of the licence or the participating interest in the permit or licence that was the subject of the transfer. Section 89L inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89M: Extent of liability of former permit and licence holders under sections 89J(2) and 89K(2)
1: One or more persons who are liable to meet the costs of decommissioning under section 89J(2) 89K(2) section 89J(1) or 89K(1)
2: Persons who are liable to meet the costs of decommissioning that are not met by the persons referred to in section 89J(1) 89K(1)
a: the former licence or permit holder or person with a participating interest in a licence or permit ( person B person A
b: if there are still any unpaid decommissioning costs, the person ( person C
c: if there are still any unpaid decommissioning costs, the person ( person D
d: if there are still any unpaid decommissioning costs, the person ( person E
e: if there are still unpaid decommissioning costs, and there are still earlier former licence holders or former holders of a participating interest in a permit or licence, then those persons are liable, in an order of priority consistent with the formula in paragraphs (a) to (d), for the unpaid decommissioning costs. Section 89M inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89N: When decommissioning obligations of persons under section 89J, 89K, or 89L arise
1: Any person liable to carry out, or meet the costs of, decommissioning petroleum infrastructure, or both, under section 89J 89K 89L
a: in a case where production permanently ceases in the area of the current permit or licence before the permit or licence expires,—
i: by a date or dates agreed with the Minister for the completion of the decommissioning and the completion of earlier milestones in the decommissioning process; or
ii: if there is no such agreed date or dates, by a date that is 2 years before the expiry of the current licence or permit, by a date or dates specified by the Minister by notice in writing to the person:
b: the expiry or surrender of the current permit or licence:
c: in a case where only part of the current permit area or licence area is to be relinquished or surrendered, before the Minister approves the partial relinquishment or surrender of the permit under section 35C 40 Petroleum Act 1937 clause 12(a)
2: However, if a permit or licence is revoked, the person who held the permit or licence immediately before it was revoked must carry out their decommissioning obligations under this subpart by a time agreed with, or specified by, the Minister.
3: To avoid doubt,—
a: the obligations imposed by subsections (1) and (2) continue in force even if—
i: the relevant permit or licence has expired or has been surrendered or revoked:
ii: the relevant person has ceased to be a permit or licence holder or the holder of any participating interest in a licence or permit; and
b: a person may carry out their obligations under subsections (1) and (2) even if their permit or licence has expired, or has been revoked, or, as the case requires, relinquished or surrendered.
4: A permit holder or licence holder also acts in breach of their decommissioning obligations if they—
a: give notice under section 42C(3)
b: fail within a period after that notice agreed with the Minister, or in the event that there is no agreement, within a period after that notice specified by the Minister, to complete milestones agreed or specified under subsection (1)﻿(a) to decommission the petroleum infrastructure for which they will be responsible for decommissioning, or fail to obtain an extension to that date or those dates from the Minister.
5: A certificate issued by the chief executive as to the date when decommissioning obligations took effect under this section—
a: must be given to the person who has those obligations as soon as practicable after they take effect; and
b: is conclusive evidence in any proceedings under this Act, in the absence of proof to the contrary, of when those obligations took effect. Section 89N inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89O: Criteria for agreeing or setting time frames for decommissioning
When considering under section 89N
a: the size of the field to be decommissioned:
b: the complexity of the required decommissioning:
c: the subpart 2
d: the decommissioning cost estimate:
e: the estimated date on which production in the field will cease:
f: the time required to comply with requirements under other enactments before decommissioning can commence or be completed:
g: any other matters the Minister considers relevant. Section 89O inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89P: Joint and several liability
1: Subsection (2) applies if section 89J
2: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the permit holder in carrying out, and meeting the costs of, decommissioning petroleum infrastructure.
3: Subsection (4) applies if section 89K
4: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the licence holder in relation to carrying out, and meeting the costs of, decommissioning petroleum infrastructure. Section 89P inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Plugging and abandonment of wells Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89Q: What is plugging and abandonment of well
A well is plugged and abandoned
a: the well is sealed in order to make it permanently inoperable; and
b: the sealing is conducted in accordance with any relevant enactment or standard, and the requirements of any regulatory authority; and
c: the wellhead is removed; and
d: any remediation of the site required by another enactment is completed; and
e: any other prescribed action required to plug and abandon the well is completed. Section 89Q inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Decommissioning obligations in relation to wells Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89R: Obligations of permit holders, transferors, and transferees: decommissioning of wells
1: A person who holds or will hold a permit at the time the obligation to plug and abandon 1 or more wells is required to be completed must carry out, and meet the costs of, the plugging and abandoning of all wells—
a: drilled or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit (whenever granted), and all relevant older wells; and
b: in a case where only part of the permit area is to be relinquished or surrendered, located in the area of the permit that is to be relinquished or surrendered, and all relevant older wells.
2: A person with a participating interest in a permit (whenever granted) who transfers all or any part of their interest in the permit on or after commencement, but before decommissioning is completed, must meet the costs of plugging and abandoning all wells—
a: that are—
i: drilled or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit:
ii: relevant older wells; and
b: that are in place when consent to the transfer is given under section 41.
3: Subsection (2) does not apply in respect of all or any part of a participating interest in a permit that is transferred to the Minister.
4: A transfer of a participating interest in a permit is effective on and after the date of the Minister’s consent to that transfer under section 41
5: Subsections (1) and (2) are subject to sections 89T 89U Section 89R inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89S: Obligations of licence holders, transferors, and transferees: decommissioning of wells
1: A person who holds or will hold a licence at the time the obligation to plug and abandon 1 or more wells is required to be completed must carry out, and meet the costs of, plugging and abandoning all wells—
a: drilled or used for the purposes of, or otherwise related to, activities authorised by the current licence, and all relevant older wells; and
b: in a case where only part of the licence area is to be surrendered, located in the area of the licence that is to be surrendered, and all relevant older wells.
2: A licence holder or person with a participating interest in a licence who transfers the licence, or all or any part of their participating interest in the licence, on or after commencement but before decommissioning is completed must meet the costs of plugging and abandoning all wells—
a: that are—
i: drilled or used for the purposes of carrying out activities authorised by, or otherwise related to, the licence:
ii: relevant older wells; and
b: that are in place when consent to the transfer is given under the Petroleum Act 1937 clause 12(1)﻿(a)
3: Subsection (2) does not apply in respect of any licence or all or part of a participating interest in a licence that is transferred to the Minister.
4: A transfer of a licence or a participating interest in a licence is effective on settlement of the agreement to transfer the licence or the interest in the licence.
5: Subsections (1) and (2) are subject to sections 89T 89U Section 89S inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89T: Further obligations on transferors and transferees and Minister
1: This section applies to—
a: a person ( person A
b: a person ( person B
2: Person A continues (to the extent provided in section 89U
a: that is—
i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the permit or licence:
ii: a relevant older well; and
b: that is in place when the transfer is consented to under section 41 Petroleum Act 1937 clause 12(1)﻿(a)
3: The Minister, before consenting to the transfer of a licence or a participating interest in a permit or licence, must be satisfied that person B has, in accordance with the directions of the Minister,—
a: entered into a financial security (with all the other persons with a participating interest in the licence or permit) that a permit holder or licence holder is required to obtain and maintain in accordance with sections 89ZL to 89ZR
b: become a party to an existing financial security (entered into by all the other persons with a participating interest in the licence or permit) that was entered into previously in accordance with those sections, and within the time specified by the Minister.
4: A financial security referred to in subsection (3) may also be designed and operate to satisfy the requirements of section 89L(3)
5: If person B fails to comply with subsection (3),—
a: to the extent provided in section 89U
b: person A must be treated as continuing to be the holder of the licence or the participating interest in the permit or licence that was the subject of the transfer. Section 89T inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89U: Extent of liability of former permit and licence holders under sections 89R and 89S
1: One or more persons who are liable to meet the costs of plugging and abandonment under section 89R(2) 89S(2) section 89R(1) or 89S(1)
2: Persons who are liable to meet the costs of decommissioning that are not met by the persons referred to in section 89R(1) 89S(1)
a: the former licence or permit holder or person with a participating interest in a licence or a permit ( person B person A
b: if there are still any unpaid decommissioning costs, the person ( person C
c: if there are still any unpaid decommissioning costs, the person ( person D
d: if there are still any unpaid decommissioning costs, the person ( person E
e: if there are still unpaid decommissioning costs, and there are still earlier former licence holders or former holders of a participating interest in a permit or licence, then those persons are liable, in an order of priority consistent with the formula in paragraphs (a) to (d), for the unpaid decommissioning costs. Section 89U inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89V: When decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise
1: A person liable to carry out, or meet costs of, plugging and abandoning wells, or both, under section 89R 89S 89T
a: in a case where production permanently ceases in the area of the current permit or licence before the permit or licence expires,—
i: by a date or dates agreed with the Minister for the completion of the decommissioning and the date or dates of completion of earlier milestones in the decommissioning process; or
ii: if there is no such agreed date by the date or dates that is 2 years before the expiry of the current licence or permit, by a date or dates specified by the Minister by notice in writing to the person:
b: the expiry or surrender of the current permit or licence:
c: in a case where only part of the current permit area or licence area is to be relinquished or surrendered, before the Minister approves the partial relinquishment or surrender of the permit under section 35C 40 Petroleum Act 1937 clause 12(a)
2: However, if a permit or licence is revoked, the person who held the permit or licence immediately before it was revoked must carry out their decommissioning obligations under this subpart by a time agreed with, or specified by, the Minister.
3: To avoid doubt, the obligations imposed by subsections (1) and (2) continue in force even if—
a: the relevant permit or licence has expired or has been surrendered or revoked:
b: the relevant person has ceased to be a permit or licence holder or the holder of any participating interest in a licence or permit.
4: A permit holder or licence holder also acts in breach of their decommissioning obligations if they—
a: give notice under section 42C(3)
b: fail within a period after that notice agreed with the Minister, or in the event that there is no agreement, within a period after that notice specified by the Minister, to complete milestones agreed or specified under subsection (1)﻿(a) to plug and abandon the well or wells for which they will be responsible for decommissioning, or fail to obtain an extension to that date or those dates from the Minister.
5: A certificate issued by the chief executive as to the date when decommissioning obligations took effect under this section—
a: must be given to the person who has those obligations as soon as practicable after they take effect; and
b: is conclusive evidence, in any proceedings under this Act, in the absence of proof to the contrary, of when those obligations took effect. Section 89V inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89W: Criteria for agreeing or setting time frames for decommissioning of wells
When considering under section 89V
a: the size of the field to be decommissioned:
b: the complexity of the required decommissioning:
c: the subpart 2
d: the decommissioning cost estimate:
e: the estimated date on which production in the field will cease:
f: the time required to comply with requirements under other enactments before decommissioning can commence or be completed:
g: any other matters the Minister considers relevant. Section 89W inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89X: Joint and several liability
1: Subsection (2) applies if section 89R
2: Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder in relation to carrying out, and meeting the costs of, plugging and abandoning wells.
3: Subsection (4) applies if section 89S
4: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the licence holder in relation to carrying out, and meeting the costs of, plugging and abandoning wells. Section 89X inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Exemptions and deferrals Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89Y: Exemption and deferral powers of Minister
1: The Minister may, on application or on their own initiative, and if they consider it appropriate,—
a: exempt a permit holder or licence holder from the requirements of this subpart to decommission a particular item of petroleum infrastructure or to plug and abandon a particular well; or
b: defer the time for complying with an obligation to decommission a particular item of petroleum infrastructure or to plug and abandon a particular well.
2: The Minister may—
a: grant an exemption or a deferral on any terms and conditions that they consider appropriate:
b: amend or revoke an exemption or a deferral:
c: grant an exemption for an indefinite or a limited period:
d: replace an exemption or a deferral either before or when it expires.
3: An application under subsection (1) must be made in the prescribed manner (if any) and be accompanied by the prescribed fee (if any).
4: If the Minister grants an exemption or a deferral under this section, the Minister must provide the licence holder or permit holder with reasons for their decision and state them in the notice of exemption or deferral.
5: Class exemptions and class deferrals may be granted by regulations ( see section 105 Section 89Y inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89Z: Criteria for granting exemption
1: Before granting an exemption under section 89Y
a: be satisfied—
i: that the requirements are unreasonable or inappropriate in the particular case; or
ii: that events have occurred that make the requirements unnecessary or inappropriate in the particular case; or
b: be satisfied that the petroleum infrastructure or well in question will be used for a purpose other than exploration for, or mining of, petroleum by the person to be granted the exemption.
2: For the purposes of applying subsection (1)﻿(b), the Minister may consider the following matters:
a: the ownership of the petroleum infrastructure or well in question:
b: any prescribed criteria:
c: any other matter the Minister considers relevant. Section 89Z inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZA: Criteria for grant of deferral
1: Before granting a deferral under section 89Y
2: For the purposes of applying subsection (1), the Minister must consider—
a: whether there is economic value to the owners of the petroleum infrastructure or well in deferring the decommissioning of that petroleum infrastructure or plugging and abandoning that well:
b: the impact of failing to grant a deferral on the operation of associated petroleum infrastructure and wells:
c: any plans for field development:
d: the likelihood of an increase or a decrease in the costs of decommissioning during any deferral period, and the extent of that increase, so far as it can be estimated:
e: any other matter the Minister considers relevant. Section 89ZA inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Reporting requirements Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZB: Subpart 2 decommissioning plan
1: A person who is, or will be, obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a subpart 2
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The subpart 2
a: describe the planned decommissioning activities and the processes to be used to carry out those activities, and set out a proposed schedule for those activities; and
b: be accurate as at the date of submission to the chief executive; and
c: contain the prescribed information (if any); and
d: meet any further prescribed requirements. Section 89ZB inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZC: Decommissioning cost estimate
1: A person who is, or will be, obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a cost estimate of all anticipated decommissioning work (a decommissioning cost estimate
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The decommissioning cost estimate must—
a: comply with the standards prescribed (if any) for developing that estimate; and
b: meet any further prescribed requirements.
3: The Minister may require any person who submits a cost estimate under subsection (1) to supply further information relating to the cost estimate within a time specified by the Minister. Section 89ZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZD: Asset registers to be submitted to chief executive
1: A permit holder or licence holder who is obliged, under this subpart, to carry out and meet the costs of decommissioning ( A
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The asset register must—
a: be a complete and accurate list of the petroleum infrastructure and wells that A must decommission under sections 89J 89K 89R 89S
b: contain the prescribed information (if any); and
c: meet any further prescribed requirements. Section 89ZD inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZE: Decommissioning completion report
1: A person who is obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a decommissioning completion report to the chief executive—
a: at the prescribed times (if any); and
b: within a specified time of the occurrence of prescribed events (if any); and
c: on request from the Minister, within any reasonable time specified in the request.
2: The decommissioning completion report must—
a: contain the prescribed information (if any); and
b: meet any further prescribed requirements. Section 89ZE inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Ongoing monitoring of financial position Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZF: Permit and licence holders must provide information needed to monitor financial position
1: A permit holder or licence holder ( A
2: A must submit a copy of the information to the Minister—
a: at the prescribed times (if any); or
b: on request from the Minister, within any reasonable time specified in the request.
3: The Minister may, by written notice, require the person to provide any further information that the Minister considers relevant and reasonably necessary.
4: The person must provide a copy of the information to the Minister—
a: in the form and in the manner set out in the notice; and
b: within any reasonable time specified in the notice requiring the information. Section 89ZF inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Financial capability assessments Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZG: Minister may assess financial capability to meet decommissioning obligations
1: This section applies to a permit holder or licence holder ( A
2: The Minister may carry out an assessment to determine whether A is highly likely to have the financial capability to carry out and meet the costs of decommissioning (a financial capability assessment
3: The Minister may carry out a financial capability assessment at any time while the relevant permit or licence is in force.
4: The Minister may appoint any suitably qualified person to carry out a financial capability assessment on their behalf. Section 89ZG inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZH: Criteria for considering whether to carry out financial capability assessment
When considering whether to carry out a financial capability assessment under section 89ZG
a: information received under the following:
i: section 42B
ii: section 89ZB
iii: section 89ZC
iv: section 89ZD
v: section 89ZF
b: the circumstances of the particular permit holder or licence holder; and
c: any information relating to current or emerging risks to the permit holder’s or licence holder’s ability to comply with their obligations under this subpart; and
d: any other matters the Minister considers relevant. Section 89ZH inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZI: Process for carrying out financial capability assessment
When carrying out a financial capability assessment under section 89ZG
a: may take into account information received under the following:
i: section 42B
ii: section 89ZB subpart 2
iii: section 89ZC
iv: section 89ZD
v: section 89ZF
b: may take into account any other information the Minister considers relevant; and
c: must meet the prescribed requirements (if any). Section 89ZI inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZJ: Minister must notify outcome of financial capability assessment
As soon as practicable after a financial capability assessment under section 89ZG
a: the Minister’s conclusion as to whether they are highly likely to have the financial capability to carry out and meet the costs of decommissioning; and
b: the reasons for that conclusion. Section 89ZJ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZK: Relevant persons must provide supporting information
1: This section applies to—
a: a permit holder or licence holder who may be subject to a financial capability assessment under section 89ZG
b: any other person the Minister considers is likely to hold information that is relevant and reasonably necessary to carry out the financial capability assessment (for example, parent companies, banks, or auditors).
2: The person must keep a record of any information prescribed by regulations as relevant and reasonably necessary to enable the Minister to carry out a financial capability assessment.
3: The person must provide a copy of the information to the Minister—
a: on or before the prescribed time (if any); or
b: on request from the Minister, within any reasonable time specified in the request.
4: The Minister may, by written notice, require the person to provide any further information that the Minister considers relevant and reasonably necessary to carry out the financial capability assessment.
5: The person must provide a copy of the information to the Minister—
a: in the form and in the manner set out in the notice; and
b: within any reasonable time specified in the notice requiring the information.
6: To avoid doubt, information gathered under this section is subject to section 90A Section 89ZK inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Financial securities Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZL: Permit and licence holders must hold 1 or more financial securities
1: A person who holds a permit or a licence (whenever granted) must obtain and maintain 1 or more financial securities, of a kind, and in an amount, determined by the Minister under section 89ZN(1)
2: The Minister must, as soon as is reasonably practicable after commencement, give each permit holder or licence holder a notice requiring them—
a: to advise the chief executive in the prescribed manner (if any), by a specified date, of the kind of security, and the proposed amount to be secured, that the permit holder or licence holder considers appropriate; and
b: to provide any information specified by the Minister to enable the Minister to make decisions on those matters.
3: However, if the permit or licence holder already maintains a financial security of the kind referred to in subsection (1) when they receive notice under subsection (2), they may propose that the Minister approve the continuation of that security (with or without modifications) as the Minister’s determination under subsection (1).
4: The permit holder must provide the information referred to in subsection (2)﻿(b) and any proposal under subsection (3)—
a: in the form and manner set out in the notice; and
b: within any reasonable time set out in the notice requiring the information.
5: Any financial security referred to in this section is obtained or maintained on behalf of the Crown.
6: To avoid doubt, information gathered under this section is subject to section 90A Section 89ZL inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZM: Matters to which Minister must have regard in setting kind and amount of security
1: The Minister must, when determining the amount to be secured and the kind of security to be obtained by a permit holder or licence holder, take into account—
a: the information (if any) provided by the permit holder or licence holder under section 89ZL(2)﻿(b) section 89ZL(3)
b: the prescribed criteria (if any) relating to particular kinds and amounts of financial security (including any prescribed hierarchy of securities and whether there is a preferred kind of security in the particular situation):
c: the following:
i: the estimated cost of decommissioning:
ii: the extent to which the amount to be secured will cover the estimated cost of decommissioning:
iii: the extent to which the kind of security to be required will ensure that the Crown will obtain payment of the amount in the event the permit holder or licence holder fails to carry out the decommissioning or separately meet those costs:
d: the circumstances of the particular permit holder or licence holder:
e: the time needed for the particular permit holder or licence holder to comply with their obligations under this subpart, and the time when work will need to start in order to achieve this:
f: the estimated administration costs to the particular permit holder or licence holder of meeting and maintaining the security for the required period (including the costs of maintaining any possible increase in the amount required to be secured while the security is in place):
g: any information relating to current or emerging risks to the permit holder’s or licence holder’s ability to comply with their obligations under this subpart:
h: the conclusions of the most recent financial capability assessment (if any):
i: any other matters the Minister considers relevant.
2: The Minister may require a permit holder or licence holder to give the Minister any information that the Minister considers will assist them in determining what kind of financial security should be obtained and the amount to be secured.
3: The permit holder or licence holder must provide the information—
a: in the form and in the manner set out in the notice; and
b: within any reasonable time specified in the notice requiring the information. Section 89ZM inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZN: Decision of Minister
1: The Minister, after following the processes set out in sections 89ZL 89ZM
a: determine—
i: the kind of security to be obtained, or entered into, by the permit holder or licence holder; and
ii: the amount to be secured; and
b: impose any conditions of the financial security that the Minister considers appropriate.
2: Before making a determination under subsection (1), the Minister must be satisfied that it complies with the prescribed criteria (if any) relating to particular kinds and amounts of financial security to be obtained and maintained.
3: The Minister may also direct how the security must be held, in accordance with the prescribed requirements (if any).
4: If the security required is in the form of a bond or a cash deposit paid to the chief executive,—
a: if the security relates to a participating interest in a permit, section 97
b: if the security relates to a licence or a participating interest in a licence, section 47H clause 12(1)﻿(a)
5: If the security required is in the form of a bond or cash or a cash deposit held either in accordance with section 97
6: The Minister must give the permit holder or licence holder a notice of the Minister’s decision specifying—
a: the kind of financial security to be obtained:
b: the amount to be secured:
c: the time by which it must be obtained:
d: if applicable, how it is to be held:
e: a summary of the reasons for the Minister’s decision. Section 89ZN inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZO: Alteration of amount secured or kind of security required
1: The Minister may, at any time,—
a: require a permit holder or licence holder referred to in section 89ZL(1)
b: allow a permit holder or licence holder referred to in section 89ZL(1)
c: require the permit holder or licence holder referred to in section 89ZL(1)
2: When exercising a power conferred by subsection (1), the Minister must take into account the matters referred to in section 89ZM(1)﻿(b) to (j) Section 89ZO inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZP: Minister must notify required changes in kind of security or amount secured
1: The Minister must, after exercising a power under section 89ZO(1)﻿(a), (b), or (c) section 89ZO(1)﻿(a) or (c)
2: The notice must be accompanied by reasons for the required change. Section 89ZP inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZQ: Permit holder or licence holder may object to kind of security or amount set or required change to those matters
1: A permit holder or licence holder who receives written notice under section 89ZN(4) 89ZP(1)
2: A notice of objection under subsection (1) must be accompanied by reasons for, and evidence or other information supporting, the objection and refer to the criteria in section 89ZM
3: If a permit holder or licence holder makes an objection under subsection (1), they cannot make any subsequent objection to the required security or required change described in the notice unless there is a change in circumstances. Section 89ZQ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZR: What happens if permit holder or licence holder makes objection
1: If a permit holder or licence holder makes an objection under section 89ZQ
a: give the permit holder or licence holder an opportunity to be heard; and
b: consider and determine the objection within a reasonable time after its receipt.
2: The Minister must—
a: dismiss the objection; or
b: uphold the objection in whole or in part.
3: Not later than 30 working days after deciding whether to uphold an objection, the Minister must send to the permit holder or licence holder—
a: a copy of the decision, which must include the reasons for the decision; and
b: written notice of any required or permitted changes to the kind of security to be obtained and maintained or the amount secured, as the case requires; and
c: if paragraph (b) applies, and the changes are required changes, the time by which the permit holder or licence holder must comply with the changes referred to in paragraph (b). Section 89ZR inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
4: Enforcement, remedies, and appeals
Subpart 4 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZC: Application of this subpart
This subpart applies in relation to any contravention or alleged contravention of this Act or the regulations. Section 89ZZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZD: Chief executive or enforcement officer may accept enforceable undertakings
1: The chief executive or an enforcement officer may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or the regulations.
2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. 2015 No 70 s 123 Section 89ZZD inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZE: Notice of decision and reasons for decision
The chief executive or enforcement officer must give the person seeking to make an enforceable undertaking written notice of—
a: their decision to accept or reject the undertaking; and
b: the reasons for the decision. 2015 No 70 s 124 Section 89ZZE inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZF: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the chief executive’s or enforcement officer’s decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the chief executive or enforcement officer. 2015 No 70 s 125 Section 89ZZF inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZG: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $200,000. 2015 No 70 s 126 Section 89ZZG inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZH: Contravention of enforceable undertaking
1: The chief executive or an enforcement officer may apply to the District Court for an order referred to in subsection (2) if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay the department that, with the authority of the Prime Minister, is responsible for the administration of this Act—
a: the costs of the proceedings; and
b: the reasonable costs of the chief executive or the enforcement officer in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates. 2015 No 70 s 127 Section 89ZZH inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZI: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the chief executive,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations. 2015 No 70 s 128 Section 89ZZI inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZJ: Proceedings for alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who—
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The chief executive or an enforcement officer may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the chief executive or an enforcement officer accepts an enforceable undertaking before the proceedings are completed, the chief executive or an enforcement officer must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129 Section 89ZZJ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Compliance notices Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZK: Power to issue compliance notices
1: This section applies if the chief executive or an enforcement officer reasonably believes that a person—
a: is contravening a provision of this Act or the regulations; or
b: is likely to contravene a provision of this Act or the regulations.
2: The chief executive or enforcement officer may issue a compliance notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention.
3: The chief executive or enforcement officer may issue a compliance notice only, if in the opinion of the chief executive or enforcement officer,—
a: the contravention or likely contravention is or would be sufficiently serious to justify the issue of a compliance notice; or
b: there has been a repeated contravention or a repetition of behaviour that is likely to lead to a contravention occurring; or
c: the contravention or behaviour likely to lead to a contravention has been committed intentionally or recklessly or involves negligence on the person’s part.
4: However, each of the criteria specified in subsection (3)﻿(a) to (c) may be considered on the basis of the information readily available to the chief executive or enforcement officer, and the chief executive or enforcement officer need not make further enquiries before applying those criteria. 2015 No 70 s 101 Section 89ZZK inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZL: Content of compliance notices
1: A compliance notice must state—
a: that the chief executive or an enforcement officer believes, on reasonable grounds, that the person—
i: is contravening a provision of this Act or the regulations; or
ii: is likely to contravene a provision of this Act or the regulations; and
b: the provision the chief executive or enforcement officer believes, on reasonable grounds, is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: A compliance notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 2015 No 70 s 102 Section 89ZZL inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZM: Compliance with compliance notice
1: A person who has been issued with a compliance notice must comply with the notice within the period specified in the notice.
2: A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding $200,000.
3: However, in a prosecution for an offence against subsection (2), the defendant has a defence if they prove that they had a reasonable excuse for failing to comply with the compliance notice within the required period.
4: It is not an offence to fail to comply with recommendations in a compliance notice. 2015 No 70 s 103 Section 89ZZM inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZN: Extension of time for compliance with compliance notices
1: This section applies if a person has been issued with a compliance notice.
2: The chief executive or enforcement officer may, on their own initiative or on the application of the person, by written notice given to the person, extend the compliance period for the compliance notice.
3: However, the chief executive or enforcement officer may extend the compliance period only if the period has not ended.
4: If a person applies for an extension of time for complying with a compliance notice not less than 2 weeks before the time for compliance expires but a decision has not been made on the application before the time for compliance expires, the period for compliance is deemed to be extended for a period of 2 weeks, to enable a decision on extension to be made within that period.
5: In this section, compliance period
a: means the period stated in the compliance notice under section 89ZZL(1)
b: includes any extension of that period under this section. 2015 No 70 s 104 Section 89ZZN inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 General provisions Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZO: General provisions relating to compliance notices
1: A compliance notice must be in writing.
2: A compliance notice may be addressed to any person under the person’s legal name or usual business name. 2015 No 70 s 112 Section 89ZZO inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZP: Changes to notice by chief executive or enforcement officer
The chief executive or an enforcement officer (as the case may be) may make minor changes to a compliance notice—
a: for clarification; or
b: to correct errors or references; or
c: to reflect changes of address or other circumstances. 2015 No 70 s 113 Section 89ZZP inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZQ: Chief executive or enforcement officer may vary or cancel compliance notice
Except as provided in section 89ZZP 2015 No 70 s 114 Section 89ZZQ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZR: Formal irregularities or defects in compliance notice
A compliance notice is not invalid merely because of—
a: any defect, irregularity, omission, or want of form in the compliance notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; or
b: a failure to use the correct name of the person to whom the compliance notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 89ZZS 2015 No 70 s 115 Section 89ZZR inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZS: Issue of compliance notice
1: A compliance notice may be issued to a person by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 16 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Regulations may prescribe the steps a person to whom a compliance notice is issued must take to bring it to the attention of other persons.
3: A compliance notice—
a: posted under subsection (1)﻿(d) is to be treated as having been received by the person on the fifth working day after the day on which it was posted:
b: delivered electronically under subsection (1)﻿(e) is to be treated as having been received at the time the electronic communication first entered an information system that is outside the control of the chief executive or an enforcement officer. 2015 No 70 s 116 Section 89ZZS inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Civil proceedings for non-compliance with compliance notices Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZT: Civil proceedings relating to non-compliance with compliance notice
1: On an application by the chief executive or an enforcement officer, the District Court may make an order—
a: compelling a person to comply with a compliance notice; or
b: restraining a person from contravening a compliance notice.
2: The court may make an order—
a: under subsection (1)﻿(a), if it is satisfied that the person has refused or failed to comply with a compliance notice:
b: under subsection (1)﻿(b), if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance notice.
3: The courts may make an order under subsection (2) whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the compliance notice was issued. 2015 No 70 s 122 Section 89ZZT inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Pecuniary penalties Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZU: Reasonable mistake defence in pecuniary penalty proceedings
1: Every person has a defence to proceedings for pecuniary penalties under section 89ZZV
a: the breach was due to a reasonable mistake or due to events outside of the person’s control; and
b: the breach was remedied (to the extent that it could be remedied) as soon as practicable after the breach was discovered by the person or brought to the person’s notice; and
c: the person has compensated or offered to compensate any person who has suffered loss or damage by that breach.
2: For the avoidance of doubt, a mistake Section 89ZZU inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZV: Pecuniary penalties
1: A court of competent jurisdiction may, on the application of the chief executive, order a person to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the person—
a: has contravened any of the following provisions:
i: sections 89J 89K
ii: sections 89R 89S
iii: section 89ZL
iv: section 89ZV
b: has attempted to contravene such a provision; or
c: has aided, abetted, counselled, or procured any other person to contravene such a provision; or
d: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene such a provision; or
e: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision; or
f: has conspired with any other person to contravene such a provision.
2: In determining an appropriate penalty under this section, the court must have regard to all relevant matters, in particular,—
a: the nature and extent of the contravention; and
b: the nature and extent of any loss or damage suffered by any person because of the contravention; and
c: any gains made or losses avoided by the person in contravention; and
d: the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence).
3: The amount of any pecuniary penalty must not, in respect of each act or omission, exceed,—
a: in the case of an individual, $500,000; or
b: in the case of a body corporate, the greater of—
i: $10 million (or, in the case of a contravention referred to in subsection (1)﻿(a)﻿(iv), $5 million); or
ii: either—
A: if it can readily be ascertained and if the court is satisfied that the contravention resulted in a cost to the Crown or another person to remedy the effects of the contravention, 3 times the commercial gain; or
B: if the commercial gain cannot be readily ascertained, 10% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period during which the contravention occurred.
4: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.
5: Where conduct by any person constitutes a contravention of 2 or more provisions referred to in subsection (1)﻿(a), proceedings may be instituted under this Act against that person in relation to the contravention of any 1 or more of the provisions; but no person is liable to more than 1 pecuniary penalty under this section in respect of the same conduct. 2003 No 52 s 107A Section 89ZZV inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZW: Proceedings for pecuniary penalties
In any proceedings under this subpart for a pecuniary penalty,—
a: the standard of proof is the standard of proof that applies in civil proceedings; and
b: the chief executive may, by order of the court, obtain discovery and administer interrogatories. 2003 No 52 s 107B Section 89ZZW inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Criminal liability for knowingly failing to carry out certain obligations Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZX: Criminal liability for knowingly failing to carry out certain obligations
1: This section applies to a person ( A A’s decommissioning obligations
a: carrying out or meeting the costs (or both) of decommissioning petroleum infrastructure under section 89J 89K section 89N
b: carrying out or meeting the costs (or both) of plugging and abandoning wells under section 89R 89S section 89V
2: A commits an offence if they do an act, fail to act, or engage in a course of conduct knowing that the act, failure to act, or course of conduct will result in A not being able to meet A’s decommissioning obligations.
3: If A is a permit holder or licence holder that is a body corporate who, during the period while they are a current permit or licence holder commits an offence under subsection (2), any person who is a director of A when A commits the offence also commits an offence.
4: If A is a body corporate who commits an offence under subsection (2) in relation to decommissioning obligations under section 89N(2) 89V(2)
5: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 2 years, or a fine not exceeding $1 million, or both; and
b: in any other case, the greater of the following:
i: a fine not exceeding $10 million:
ii: a fine not exceeding 3 times the cost of decommissioning.
6: Proceedings under this section may be commenced within 3 years after the matter giving rise to the offence was discovered or ought reasonably to have been discovered. Section 89ZZX inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZY: Defence to criminal liability for directors
1: In any proceeding against a director under section 89ZZX(3)
a: A took all reasonable steps to ensure A would meet A’s decommissioning obligations; or
b: the director took all reasonable steps to ensure that A would meet A’s decommissioning obligations; or
c: in the circumstances, the director could not reasonably have been expected to take steps to ensure that A would meet A’s decommissioning obligations.
2: In this section,— A section 89ZZX A’s decommissioning obligations section 89ZZX Section 89ZZY inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Relationship between pecuniary penalties and criminal liability Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZZ: Relationship between pecuniary penalties and criminal liability
1: A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding for a pecuniary penalty has been commenced against the person in relation to the same conduct.
2: A proceeding for a pecuniary penalty against a person in relation to particular conduct is stayed if a criminal proceeding against the person for that conduct results in a conviction. Section 89ZZZ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Restrictions on indemnities and insurance Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZZA: Restriction on indemnities
1: A body corporate must not indemnify any director, employee, or agent, or former director, employee, or agent, of the body corporate or of any related body corporate ( person C
a: any pecuniary penalty imposed on person C under this Act; or
b: any costs incurred by person C in defending any civil proceedings in which the pecuniary penalty referred to in paragraph (a) is imposed.
2: An indemnity given in contravention of subsection (1) is void.
3: In this section and section 89ZZZB indemnify indemnity 2003 No 52 s 107D Section 89ZZZA inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZZB: Restriction on insurance
No person may enter into a contract of insurance that indemnifies or purports to indemnify a person ( person C
a: any pecuniary penalty imposed on person C under this Act; or
b: any costs incurred by person C in defending any civil proceedings in which the pecuniary penalty referred to in paragraph (a) is imposed. 2003 No 52 s 107E Section 89ZZZB inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
5: Crown liability
Subpart 5 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
89ZZZC: Effects of subparts 2 and 3 on Crown liability
1: Subparts 2
2: Subsection (1) does not extinguish or otherwise affect any liability the Crown may have under any other enactment, rule of law, or agreement. Section 89ZZZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
6: Offences and miscellaneous
Subpart 6 heading inserted 2 December 2021 section 19 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Registers, records, and use of information Heading replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013
90: Permit holder records and reports
1: Each permit holder must keep detailed records and reports in respect of all prospecting, exploration, mining, decommissioning activities, and post-decommissioning activities
a: in accordance with the conditions of the permit and the regulations; and
b: in a form that is readily accessible at all reasonable times by the chief executive or any person authorised in writing by the chief executive.
1A: Without limiting the generality of subsection (1), the records and reports required to be kept include—
a: financial records, including any financial records required to be kept and retained under the Tax Administration Act 1994
b: commercial records, including any feasibility studies:
c: scientific and technical records:
d: any calculations made in support of the above records:
e: records, reports, statements, or any other documentation or information required under other legislation, if regulations made under this Act prescribe that they must be retained for the purposes of this Act:
f: any other records or reports prescribed by regulations.
2: Each permit holder must provide to the chief executive, in accordance with the conditions of the permit and the regulations, a copy of the records and reports required to be kept under subsection (1) and, on the expiry of whichever of the periods referred to in subsection (6) first occurs, the chief executive must send a copy of those records and reports to the person designated by the Minister for the purposes of this subsection.
3: If requested by the chief executive to do so, a permit holder must provide to the chief executive—
a: a copy of any report made by or for the permit holder in respect of any activities under the permit:
b: a report on any specified aspect of the permit holder's activities under the permit.
4: When part of a permit is relinquished under section 35B 35C section 40
5: If a permit is revoked or transferred to the Minister under section 39
6: The information supplied by a permit holder under subsections (1) to (3), other than information in relation to permits specified in subsection (7), must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earliest of the following events:
a: the expiry of 5 years from the date on which the information was obtained by the permit holder:
b: the expiry of the permit and every subsequent permit in respect of that permit (in so far as the information relates to land covered by both the initial and any subsequent permit):
c: if the permit holder surrenders the permit and is concurrently granted (under section 36(2)﻿(b)
7: The information supplied by a permit holder under subsections (1) to (3) in respect of a prospecting permit for petroleum, or a non-exclusive prospecting permit for a mineral other than petroleum, must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earlier of the following events:
a: the expiry of 15 years from the date on which the information was obtained by the permit holder:
b: the conclusion of a public tender process for exploration permits to the extent that the information relates to land to which the public tender relates, except if the public tender process concludes earlier than 5 years from the date on which the information was obtained by the permit holder, in which case, the expiry of the 5 years.
8: Despite subsection (7), all information provided under subsections (1) to (3) to the chief executive by a non-exclusive petroleum prospecting permit holder who is determined to be a speculative prospector under section 90C
8A: The chief executive may, but is not required to, publish on an Internet site maintained by the chief executive or in any other way the chief executive considers appropriate all or any of the information supplied under this section, at any time after the information is required to be made available under any of subsections (6) to (8).
9: The Minister, the chief executive, or an enforcement officer may use information supplied under this section at any time before or after the information is required to be made available under any of subsections (6) to (8) for the purpose of exercising any power or performing any function conferred on the person by or under this Act.
10: Section 90A subsection (8A) or (9)
11: Nothing in this section requires the chief executive to send, make available, publish, or otherwise disclose any records, reports, information, or returns—
a: under sections 42B 42C 89ZF 89ZK 89ZB 89ZC 89ZD 89ZE 89ZL 89ZM
b: relating to the calculation and payment of royalties by permit holders. Section 90 replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90(1) amended 2 December 2021 section 20(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(1A) inserted 2 December 2021 section 20(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(8A) inserted 2 December 2021 section 20(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(10) amended 2 December 2021 section 20(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(11) replaced 2 December 2021 section 20(5) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
90A: Disclosure of information
1: The Minister, an appropriate Minister, the chief executive, or any enforcement officer must not disclose any information provided under or for the purposes of any of sections 23A 24 32 33A to 33D 35 35A 36 to 38 41 to 41C 42 42B 42C 46 61 61B 61C 89ZC 89ZD 89ZE 89ZF 89ZL 89ZM 89ZZH 90 99E 99F
a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed by or under this Act on the Minister, the chief executive, or any enforcement officer; or
b: the information is publicly available; or
c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: disclosure is required by another enactment; or
ea: disclosure is authorised under section 90(8A)
f: disclosure is required by a court of competent jurisdiction; or
g: the information is disclosed to a regulatory agency under section 90E
2: Any information that is disclosed under subsection (1)﻿(a) for the purposes of, or in connection with, the Minister's function of attracting permit applications under section 5(a)
3: All disclosures that are made under subsection (1)﻿(a) to an external adviser to the Minister must be made on a confidential basis. Section 90A replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90A(1) amended 2 December 2021 section 21(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90A(1) amended 2 December 2021 section 21(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90A(1)﻿(ea) inserted 2 December 2021 section 21(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
90B: Disclosure and publication of mineral resources and mineral production information
1: Every holder of a permit must provide to the chief executive all information in connection with mineral resources and mineral production that is prescribed as information that must be provided under this section.
2: The information must be provided in accordance with the regulations.
3: The chief executive may, in accordance with the regulations, publish all, or any part, of the information provided under this section.
4: For the purposes of this section, holder of a permit Section 90B inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013
90C: Provisions relating to speculative prospectors
1: A non-exclusive petroleum prospecting permit holder may apply to the Minister for a determination that the holder is a speculative prospector and, if the Minister is satisfied that the holder is a speculative prospector, the Minister must confer that status on the permit holder effective from the date of conferral.
2: An applicant for a non-exclusive petroleum prospecting permit may, at the same time as applying for the permit, apply to the Minister for a determination that, if granted a permit, the applicant will be a speculative prospector and, if the Minister is satisfied that the applicant will be a speculative prospector, the Minister must confer that status on the applicant, effective from the date the permit is granted, if the Minister grants the permit application.
3: If a permit holder with speculative prospector status subsequently becomes aware that the holder no longer falls within the definition of a speculative prospector, the holder must notify the Minister as soon as practicable and in any case not later than 10 working days after the date on which the holder becomes aware of that fact.
4: If the Minister, having previously determined that a permit holder is a speculative prospector, subsequently considers that the permit holder's business activities are not consistent with those of a speculative prospector (for example, because the holder is providing or selling data on an exclusive basis to 1 petroleum explorer), the Minister may, by notice in writing to the permit holder, remove the permit holder's status as a speculative prospector.
5: Before removing a permit holder's status under subsection (4), the Minister must—
a: inform the permit holder of his or her intention and provide an opportunity for the permit holder to comment; and
b: consider any representations made by the permit holder.
6: If a permit holder notifies the Minister under subsection (3) or the Minister removes a permit holder's status as a speculative prospector under subsection (4), section 90(7)
7: In this Act, speculative prospector Section 90C inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013
90D: Treatment of speculative prospecting information purchased or licensed by permit holder
1: If a permit holder purchases or licenses information that relates to the permit from a speculative prospector, for the purposes of section 90
2: However, when providing the information to the chief executive under section 90(2)
3: Despite section 90(6) and (7)
4: A permit holder must, if requested to do so, provide evidence to satisfy the chief executive that any information supplied to him or her by the permit holder under section 90 Section 90D inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013
90E: Providing information to regulatory agencies
1: The Minister, an appropriate Minister, or the chief executive may provide to the health and safety regulator any information, or a copy of any document, that he or she—
a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
b: considers may assist the health and safety regulator in the performance or exercise of the regulator’s functions, duties, or powers under any relevant health and safety legislation (as defined in section 16
2: The Minister, an appropriate Minister, or the chief executive may provide to Maritime New Zealand any information, or a copy of any document, that he or she—
a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
b: considers may assist the Director of Maritime New Zealand in the performance or exercise of his or her or Maritime New Zealand's functions, duties, or powers under the Maritime Transport Act 1994
3: The Minister may provide to the Environmental Protection Authority (established by section 7
a: holds in relation to the matters referred to in section 29A(2)﻿(d) section 24 29B
b: considers may assist—
i: the Environmental Protection Authority in the performance or exercise of its functions, duties, or powers under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Resource Management Act 1991
ii: a consent authority in the performance or exercise of its functions, duties, or powers under the Resource Management Act 1991
4: However, subsections (1) to (3) do not apply to any information obtained under section 90
5: A regulatory agency must not disclose any information provided to it under this section to any other person or organisation unless—
a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by a specified Act on the regulatory agency; or
b: the information is publicly available; or
c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: disclosure is required by another enactment; or
f: disclosure is required by a court of competent jurisdiction. Section 90E inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90E(1) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
90F: Conditions that may be imposed on providing information or documents under section 90E
1: A person providing information or documents under section 90E(1), (2), or (3)
2: The conditions imposed under this section may include (without limitation) conditions relating to—
a: the storing of, use of, or access to anything provided:
b: the copying, returning, or disposing of copies of documents provided. Section 90F inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013
90G: Regulatory agency may provide information for purposes of this Act
1: A regulatory agency may provide to a recipient specified in subsection (2) any information or a copy of any document that it believes would assist the recipient in the performance or exercise of the recipient's functions, duties, or powers under this Act.
2: The recipients are—
a: the Minister:
b: an appropriate Minister:
c: the chief executive:
d: an enforcement officer.
3: A regulatory agency may provide to another regulatory agency any information or a copy of any document that it believes would assist that other agency in the performance or exercise of its functions, duties, or powers under a specified Act that relate to activities under or associated with a permit.
4: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—
a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or
b: the information is publicly available; or
c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or
d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: the disclosure is required by another enactment; or
f: the disclosure is required by a court of competent jurisdiction. Section 90G inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013
91: Chief executive
1: The chief executive must keep a register of permits in the form that he or she thinks fit on which is entered brief particulars of all permits, including, in respect of each permit, the name and contact details of the permit participants, the name and contact details of the permit operator, and any changes, transfers, or leases of the permit.
2: The chief executive must ensure that the following information is available for public inspection on an Internet site maintained by or on behalf of the chief executive:
a: a copy of every permit granted under this Act and all changes to a permit; and
b: the register (or a copy of the register) kept under subsection (1); and
c: any other prescribed documents.
3: The chief executive
4: The contents of any register kept by the chief executive chief executive
5: A certificate under the hand of the chief executive Section 91 heading amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(1) replaced 24 May 2013 section 44 Crown Minerals Amendment Act 2013 Section 91(2) replaced 24 May 2013 section 44 Crown Minerals Amendment Act 2013 Section 91(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013
91A: Correction of errors or omissions
The chief executive Section 91A inserted 21 August 2003 section 19 Crown Minerals Amendment Act 2003 Section 91A amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Miscellaneous provisions
92: Permits are not real or personal property
1: A permit is neither real nor personal property.
2: Except as expressly provided otherwise in the conditions of a permit,—
a: on the death of a permit participant, his or her participating interest vests in the personal representative of the permit participant as if the participating interest were personal property, and the personal representative may deal with the participating interest to the same extent as the permit participant would have been able to; and
b: on the bankruptcy of an individual who is the holder of a permit, the permit vests in the Official Assignee as if it were personal property, and he or she may deal with the permit to the same extent as the holder would have been able to do so; and
c: a permit shall be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988 ; and
d: a permit is personal property for the purposes of the Personal Property Securities Act 1999
3: The holder of a permit may grant a charge over that permit as if it were personal property, but the permit may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.
4: In the case of a participating interest to which subsection (2)﻿(a) applies, the participating interest must be treated as property for the purposes of the distribution of the permit participant's estate and the permit participant's personal representative may transfer the participating interest to a beneficiary of the permit participant's estate without obtaining consent under section 41 Section 92(2)﻿(a) replaced 24 May 2013 section 45(1) Crown Minerals Amendment Act 2013 Section 92(2)﻿(c) amended 24 May 2013 section 45(2) Crown Minerals Amendment Act 2013 Section 92(2)﻿(d) inserted 24 May 2013 section 45(3) Crown Minerals Amendment Act 2013 Section 92(4) inserted 24 May 2013 section 45(4) Crown Minerals Amendment Act 2013
92A: Effect of liquidation or loss of registration of company
1: On the liquidation of a permit participant, its participating interest vests in the liquidator as if it were personal property, and the liquidator may deal with the participating interest to the same extent as the permit participant would have been able to.
2: On the removal of a permit participant from the New Zealand register under the Companies Act 1993 Section 92A inserted 24 May 2013 section 46 Crown Minerals Amendment Act 2013
93: Access arrangement does not confer interest
1: An access arrangement does not transfer to, or confer on, the permit holder or applicant for a permit an estate or interest in the land to which it relates.
2: A right of access obtained by the holder of a permit may, subject to the conditions of the relevant access arrangement, be enjoyed by the holder for the time being of that permit.
94: Officers not to have personal interest
Except as otherwise provided in this Act or in regulations, no person holding any office under, or employed by, the Crown in any capacity in the administration of this Act shall hold, directly or indirectly, any pecuniary interest whatever in any permit.
95: Address for service
1: Every permit holder shall give written notification to the chief executive of a physical physical chief executive
2: Without limiting sections 352 353 section 96 of this Act
3: Every permit participant must give written notice to the chief executive of an address (which may be an email address) and telephone number at which the permit participant can be contacted.
4: A permit participant must give written notice to the chief executive of any change to the address or telephone number provided under subsection (3) as soon as reasonably practicable, but no later than 10 working days after the change takes effect. Section 95(1) amended 24 May 2013 section 47(1) Crown Minerals Amendment Act 2013 Section 95(1) amended 24 May 2013 section 47(2) Crown Minerals Amendment Act 2013 Section 95(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 95(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 95(3) inserted 24 May 2013 section 47(3) Crown Minerals Amendment Act 2013 Section 95(4) inserted 24 May 2013 section 47(3) Crown Minerals Amendment Act 2013
96: Service of documents, etc
Sections 352 353
97: Application of monetary deposits
1: Subject to subsections (2) and (4), Part 7 chief executive
2: Any money paid to the chief executive
3: Subject to subsections (2) and (5) chief executive chief executive
4: Subject to subsection (5), on the termination chief executive
a: if the permit holder has substantially complied with the conditions of the permit throughout its currency, he or she shall be entitled to a refund of the deposit, together with all accrued interest thereon, less any amount that has been applied by the Minister in accordance with subsection (2):
b: if, in the opinion of the Minister, the permit holder has failed to comply substantially with the conditions of his or her permit, the Minister may direct that the full deposit or such part of it as he or she thinks fit shall be paid into the Departmental Bank Account in respect of outstanding fees, or into a Crown Bank Account (including interest payable under section 99J
5: In the case of any monetary deposit or bond held by the chief executive under a financial security required under section 89ZL
a: the funds held by the chief executive must not be released until any required decommissioning is completed, unless they are released under section 89ZN(5)
b: any interest to be paid to the permit holder must be repaid in 1 lump sum at the time when the principal sum deposited by the permit holder under section 89ZL Section 97(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(3) amended 2 December 2021 section 22(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 97(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(4) amended 2 December 2021 section 22(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 97(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(4)﻿(b) amended 24 May 2013 section 48 Crown Minerals Amendment Act 2013 Section 97(4)﻿(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 97(5) inserted 2 December 2021 section 22(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
97A: Chief executive may prescribe form of certain documents
1: The chief executive may prescribe—
a: the form and electronic format of any applications, returns, information accompanying any applications or returns, or any other documents that are not otherwise prescribed in regulations made under this Act:
b: the manner in which any applications, returns, information, or other documents must be submitted or notified if the manner of submission or notification is not otherwise prescribed in regulations made under this Act.
2: For the purposes of subsection (1)﻿(a), the chief executive may prescribe different forms or formats for different classes of permits or minerals.
3: The chief executive must publish any form or format prescribed under subsection (1) on an Internet site maintained by or on behalf of the chief executive.
4: The production by the chief executive of any document purporting to be a prescribed form or an extract from a prescribed form, or a copy of a form or an extract, is, in all courts and in all proceedings, unless the contrary is proved, sufficient evidence that the form or electronic format was prescribed.
5: To avoid doubt, if the chief executive prescribes an electronic format for a form, the chief executive may require any signature on the form to be an electronic signature. Section 97A inserted 24 May 2013 section 49 Crown Minerals Amendment Act 2013
98: Gold fossicking areas
(Crown land)
1: The appropriate Minister and the Minister may, by notice in the Gazette
2: The area and location of every gold fossicking area declared under subsection (1) shall be defined in the notice under that subsection.
3: Every person shall have the right to mine for gold in a gold fossicking area by means only of non-motorised hand held tools.
4: The designation of an area of land as a gold fossicking area does not prevent or restrict the granting of any permit in respect of that area.
5: The Minister may, by notice in the Gazette Section 98 heading amended 24 May 2013 section 50 Crown Minerals Amendment Act 2013
98A: Gold fossicking areas (other land)
1: The Minister may, by notice in the Gazette
2: The notice must—
a: state that the area is open for public fossicking in respect of gold; and
b: specify the area and its general location; and
c: state that a person has the right to mine for gold in the area by means only of non-motorised hand held tools; and
d: state any other terms or conditions that apply when a person is fossicking in the area (as agreed between the Minister and the owner of the land).
3: The Minister must revoke a designation made under subsection (1) if requested to do so by the authority. Section 98A inserted 24 May 2013 section 51 Crown Minerals Amendment Act 2013
99: Arbitration
1: A reference of a matter to arbitration under section 44
2: Where a dispute is referred to arbitration under this Part, the decision of the arbitrator or arbitrators or umpire shall be final and binding on the parties to the arbitration and the Minister shall take such steps as may be necessary to ensure that effect is given to the decision. Provisions relating to enforcement officers, auditing, and requiring information Heading inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99A: Appointment of enforcement officers
1: The chief executive may appoint 1 or more persons who are employees of a government department, a Crown entity, or a local authority to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Act.
2: The chief executive must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer.
3: An enforcement officer who exercises, or purports to exercise, a power conferred on the enforcement officer under this Act must carry and produce, if required to do so,—
a: his or her warrant of authorisation; and
b: evidence of his or her identity.
4: An enforcement officer must, on the termination of the enforcement officer's appointment, surrender his or her warrant to the chief executive. Section 99A inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99B: Powers of enforcement officers
1: Any enforcement officer, specifically authorised in writing by the Minister to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse or marae, for the purpose of determining whether a permit, this Act, or the regulations are being complied with.
2: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave in a prominent position at the place, or attached to a structure on the place, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
3: An enforcement officer may not enter, unless the permission of the landowner is obtained, any land that any other Act states may not be entered without that permission.
4: An enforcement officer who exercises the power of inspection under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer with the inspection.
5: A person who provides assistance under subsection (4) may exercise the powers provided to enforcement officers under subsection (1). Section 99B inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99C: Application for warrant for entry to search
1: An issuing officer (within the meaning of section 3(1) place, structure, vehicle, or ship subpart 3 place, structure, vehicle, or ship
a: in respect of which an offence has been or is suspected of having been committed against this Act or the regulations; or
b: that will be evidence of an offence against this Act or the regulations; or
c: that is intended to be used for the purpose of committing an offence against this Act or the regulations.
2: An application may be made under subsection (1) by—
a: a constable; or
b: an enforcement officer specifically authorised in writing by the Minister to apply for search warrants. Section 99C inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Section 99C(1) amended 2 December 2021 section 23 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
99D: Application of Part 4 of Search and Surveillance Act 2012
Part 4 sections 118 119 Section 99D inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99E: Auditing
1: A person referred to in subsection (2) may carry out an audit of records, kept by or on behalf of the chief executive or a permit holder, for the purpose of obtaining information about the following matters and reporting that information to the chief executive:
a: the calculation of mineral resources by a permit holder undertaking mining activities:
b: the calculation and payment of the correct amount of royalties due by a permit holder:
c: the calculation and payment of any other money payable to the Crown:
d: compliance with any prescribed requirement to keep or provide records or other information.
2: The following persons may carry out an audit if directed by the chief executive:
a: an enforcement officer:
b: an independent auditor appointed by the chief executive.
3: If the chief executive requires an independent auditor to be appointed, the permit holder must pay the independent auditor's costs if required to do so by the chief executive.
4: However, the chief executive may require the payment of those costs only if the auditor has found material failures in relation to any calculations or payments or the keeping or providing of records or other information by the permit holder. Section 99E inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99F: Power to require information
1: The Minister, the chief executive, or any enforcement officer may, by written notice, require any person to provide any information that the person giving the notice considers is necessary for any purpose relating to that person’s functions, duties, or powers under this Act or for the administration or enforcement of this Act.
2: The information specified in the notice may relate to—
a: any aspect of the operation of a permit:
b: any commercial agreements or arrangements to which a permit participant is a party.
3: Information may be disclosed to the Minister, the chief executive, or an enforcement officer in confidence if—
a: a person who is required to provide information under subsection (1) so requests; and
b: the Minister, chief executive, or enforcement officer agrees to that request in writing.
4: A person required to provide any information under this section must provide the information—
a: in the form and in the manner set out in the notice; and
b: within any reasonable time specified in the notice requiring the information; and
c: free of charge; and
d: regardless of whether the Minister, chief executive, or enforcement officer agrees to the information being disclosed in confidence. Section 99F inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99G: Protection of persons acting under authority of this Act
1: No enforcement officer or person called upon to assist an enforcement officer who does an act, or omits to do an act, when performing a function or exercising a power conferred on that person by or under this Act (other than when exercising powers of inspection or search under sections 99B 99C
2: Sections 166 167 sections 99B 99C Section 99G inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Royalties and interest Heading inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99H: Royalties
Every permit holder must—
a: submit royalty returns in accordance with the relevant permit, this Act, and the regulations; and
b: pay royalties in accordance with the relevant permit, this Act, and the regulations. Section 99H inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99I: Power to amend royalty returns or make default assessment
1: If the chief executive is satisfied that the information contained in a royalty return is incorrect, he or she may, at any time, amend the return and any assessment of the permit holder’s liability to pay money to the Crown (an amendment
2: If a permit holder fails to submit a royalty return when required to do so under this Act, the regulations, or a permit, the chief executive may make an assessment (a default assessment
3: As soon as practicable after making an amendment or a default assessment, the chief executive must notify the permit holder of—
a: the particulars of the amendment or default assessment; and
b: any grounds or information upon which the amendment or default assessment was based; and
c: the right of the permit holder to object (as set out in section 99K
4: If an amendment or a default assessment results in the permit holder owing money to the Crown, the permit holder must pay the amount due within 20 working days after the date on which the permit holder is notified under subsection (3).
5: If an amendment shows that a permit holder has overpaid the amount of royalties due, the chief executive must, within 20 working days after the date of the amendment, arrange for a refund to be paid to the permit holder.
6: Interest calculated at the Commissioner's paying rate, as defined in section 120C
7: Despite subsection (1), the chief executive must not make an amendment to a permit holder's royalty return under this section at any time after the date that is 7 years from the end of the permit year in which the permit holder submitted the return if the amendment would result in an increase in the amount payable to the Crown, unless the chief executive is satisfied on reasonable grounds that the contents of the return—
a: are fraudulent or wilfully misleading; or
b: do not include an assessment of minerals obtained under the permit through a particular method or from a particular location, and in respect of which an assessment was required to be included in the return. Section 99I inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99J: Interest on unpaid money
1: If a permit holder does not fully pay, by the due date, all fees and other money payable by the holder to the Crown under this Act or the regulations (the original amount
2: The permit holder is liable for the interest payable and the interest must be calculated for every month or part of a month after the due date during which the original amount remains unpaid in full.
3: Interest must be calculated in accordance with the following formula: The following table contains a formula. a = b × c 12 where— a is the interest payable b is any part of the original amount that remains unpaid at the end of the month for which the interest is calculated c is the taxpayer's paying rate, as defined in section 120C
4: In the case of royalties where the amount payable was assessed or amended under section 99I
5: Any payment the chief executive receives or applies on account of a permit holder’s liability to pay an original amount must first be applied towards payment of the interest. Section 99J inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99K: Right to object to amendment or default assessment
1: A permit holder may object to an amendment or a default assessment under section 99I
2: An objection must be in writing and received by the chief executive not later than 40 working days after the date on which the permit holder is notified of the amendment or default assessment under section 99I(3)
3: The objection must set out the reasons for the objection.
4: The chief executive must—
a: give the permit holder an opportunity to be heard; and
b: consider and determine the objection within 40 working days after its receipt.
5: The chief executive must—
a: dismiss the objection; or
b: uphold the objection in whole or in part.
6: Not later than 20 working days after deciding an objection, the chief executive must send to the permit holder—
a: a copy of the decision, which must include the reasons for the decision; and
b: any amended royalty return or default assessment; and
c: notice of the right of the permit holder to appeal (as set out in section 99L Section 99K inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013
99L: Right of appeal
1: A permit holder who has made an objection under section 99K the District Court
2: An appeal must be made not later than 20 working days after the date on which the permit holder is notified of the chief executive's decision under section 99K(6)
3: The District Court may confirm, reverse, or modify the decision and, if applicable,—
a: amend the relevant royalty return or default assessment; and
b: specify the amount of any money to be paid by the permit holder to the Crown or to be refunded to the permit holder, as the case may be.
4: A decision of the District Court
a: the ground of the appeal is that the decision is erroneous in point of law; or
b: the District Court has determined that an amount of money is payable to the Crown and the amount is more than $2,000.
5: To avoid doubt, an appeal may be taken under subsection (4) by the permit holder or the chief executive (on behalf of the Crown). Section 99L inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Section 99L(1) amended 1 March 2017 section 261 District Court Act 2016 Section 99L(4) amended 1 March 2017 section 261 District Court Act 2016
99M: Status of original amendment or default assessment
1: This section applies to an amendment or a default assessment made by the chief executive under section 99I
a: objects to the amendment or default assessment under section 99K
b: having made an objection, exercises 1 or more of the appeal rights under section 99L
2: If the amendment or default assessment results in the permit holder owing money to the Crown,—
a: the amendment or default assessment must be treated as correct and final until the permit holder has exhausted those rights or the time period by which the rights must be exercised has expired and a final decision has been given by the chief executive or a court, as the case may be ( final decision
b: the permit holder must pay the money owing in accordance with section 99I(4)
3: If the final decision differs from the amendment or default assessment and—
a: a refund is required to be paid to the permit holder, section 99I(5) and (6)
b: a further amount is required to be paid by the permit holder, the permit holder must pay the amount to the chief executive within 20 working days after the date on which the final decision is made, including any interest calculated in accordance with section 99J Section 99M inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Offences and legal proceedings
100: Offences
1: Every person commits an offence against this Act who contravenes, or permits a contravention of, section 8
2: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:
a: section 33 holder responsibilities
b: section 49(5)
c: section 77
d: section 94
e: section 99F
2A: Every person commits an offence against this Act who contravenes, or permits a contravention of,—
a: section 41AB(2) section 41AA(1)
b: section 41AB(4)
c: section 41A(2)
3: Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act.
3A: Every person commits an offence against this Act who knowingly provides altered, false, incomplete, or misleading information (including royalty returns) to the chief executive or any other person in respect of a matter or thing under this Act or the regulations.
4: Despite anything to the contrary in section 25
5: If an enforceable undertaking has been given, criminal proceedings may be taken for an offence within 6 months after—
a: the enforceable undertaking is contravened; or
b: it comes to the notice of the regulator that the enforceable undertaking has been contravened; or
c: the chief executive agreed to the withdrawal of the enforceable undertaking. Section 100(2)﻿(a) amended 24 May 2013 section 53(1) Crown Minerals Amendment Act 2013 Section 100(2)﻿(e) inserted 2 December 2021 section 24(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 100(2A) inserted 19 February 2019 section 18 Crown Minerals Amendment Act 2019 Section 100(3A) inserted 24 May 2013 section 53(2) Crown Minerals Amendment Act 2013 Section 100(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 100(5) inserted 2 December 2021 section 24(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
101: Penalties
1: Every person who commits an offence against section 100(1) $400,000 $20,000
2: Every person who commits an offence against section 100(2) $20,000 $2,000
2A: Every person who commits an offence against section 100(2A)
a: in the case of section 100(2A)﻿(a)
b: in the case of section 100(2A)﻿(b)
c: in the case of section 100(2A)﻿(c)
3: Every person who commits an offence against section 100(3) $3,000
3A: Every person who commits an offence against section 100(3A)
4: A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2
5: Where a person is convicted of an offence against section 77
6: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 101(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(1) amended 24 May 2013 section 54(1)﻿(a) Crown Minerals Amendment Act 2013 Section 101(1) amended 24 May 2013 section 54(1)﻿(b) Crown Minerals Amendment Act 2013 Section 101(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(2) amended 24 May 2013 section 54(2)﻿(a) Crown Minerals Amendment Act 2013 Section 101(2) amended 24 May 2013 section 54(2)﻿(b) Crown Minerals Amendment Act 2013 Section 101(2A) inserted 19 February 2019 section 19 Crown Minerals Amendment Act 2019 Section 101(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(3) amended 24 May 2013 section 54(3) Crown Minerals Amendment Act 2013 Section 101(3A) inserted 24 May 2013 section 54(4) Crown Minerals Amendment Act 2013 Section 101(3A) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101(4) substituted 30 June 2002 section 186 Sentencing Act 2002
101A: Interpretation
In sections 101B 101C exclusive economic zone section 2(1) foreign ship section 2(1) master section 2(1) offshore area
a: within the territorial sea; or
b: within the exclusive economic zone; or
c: on or above the continental shelf permitted prospecting, exploration, or mining activity specified non-interference zone section 101B(6) to (8) structure
a: means any fixed, moveable, or floating structure or installation; and
b: includes a petroleum pipeline, petroleum pumping station, petroleum tank station, or petroleum valve station. Section 101A inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013 Section 101A ship repealed 2 December 2021 section 25 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
101B: Interfering with structure or operation in offshore area
1: A person commits an offence if the person intentionally engages in conduct that results in—
a: damage to, or interference with, any structure or ship that is in an offshore area and that is, or is to be, used in mining operations or for the processing, storing, preparing for transporting, or transporting of minerals; or
b: damage to, or interference with, any equipment on, or attached to, such a structure or ship; or
c: interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with such a structure or ship.
2: A person commits an offence if—
a: the person is the master of a ship that, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity; or
b: the person leaves a ship and, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity.
3: In prosecuting an offence against subsection (2), it is not necessary for the prosecution to prove that the person intended to commit the offence.
4: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
5: A person who commits an offence against subsection (2) is liable on
6: For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice.
6A: In addition to complying with the Legislation Act 2019 New Zealand Notices to Mariners
7: A notice must specify—
a: the permitted prospecting, mining, or exploration activity to which the non-interference zone relates; and
b: the locality of the activity; and
c: the area of the non-interference zone to which the activity relates (which may be up to 500 metres from any point on the outer edge of the structure or ship to which the activity relates or, if there is any equipment attached to the structure or ship, 500 metres from any point on the outer edge of the equipment); and
d: the period (which may be up to 3 months) for which the notice has effect.
8: The chief executive, when determining the area of a non-interference zone for the purposes of a notice, must take into account the nature of the activity, including the size of any structure or ship to which the activity relates and any equipment attached to the structure or ship necessary for the carrying out of the activity.
9: No proceedings for an offence against this section may be brought in a New Zealand court in respect of a contravention of this section on board, or by a person leaving, a foreign ship without the consent of the Attorney-General.
10: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must comply with subsection (6A) LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 101B inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013 Section 101B(4) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101B(5) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101B(6) replaced 28 October 2021 regulation 45 Legislation Act (Amendments to Legislation) Regulations 2021 Section 101B(6A) inserted 28 October 2021 regulation 45 Legislation Act (Amendments to Legislation) Regulations 2021 Section 101B(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
101C: Powers of enforcement officers
1: An enforcement officer who has reasonable cause to suspect that a person is committing, has committed, or is attempting to commit an offence against section 101B
a: stop a ship within a specified non-interference zone and detain the ship:
b: remove any person or ship from a specified non-interference zone:
c: prevent any person or ship from entering a specified non-interference zone:
d: board a ship (whether within a specified non-interference zone or otherwise), give directions to the person appearing to be in charge, and require the person to give his or her name and address:
e: without warrant, arrest a person.
2: If an enforcement officer described in subsection (6)﻿(b) or (c) arrests a person under subsection (1)﻿(e), the enforcement officer must cause the person to be delivered into the custody of a constable as soon as practicable.
3: An enforcement officer who exercises a power under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer to exercise the power.
4: A person who provides assistance under subsection (3) may exercise the powers provided to an enforcement officer under subsection (1)﻿(a) to (d).
5: No enforcement officer, or person called upon to assist an enforcement officer, who does an act, or omits to do an act, when exercising a power under this section is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith.
6: For the purposes of this section, the following persons are enforcement officers:
a: every constable:
b: every person in command of a ship of the New Zealand Defence Force:
c: every person acting under the command of a person described in paragraph (b). Section 101C inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013
102: Liability of principal for acts of agents
1: Where an offence is committed against this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.
2: Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves—
a: in the case of a natural person (including a partner in a firm) that—
i: he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or
ii: he or she took all reasonable steps to prevent the commission of the offence:
b: in the case of a body corporate that—
i: neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or
ii: the body corporate took all reasonable steps to prevent the commission of the offence; and
c: in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
3: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved—
a: that the act that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
103: Strict liability
1: In any prosecution for an offence of contravening or permitting a contravention of section 8
2: Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves—
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case either—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
a: stating that he or she intends to rely on subsection (2); and
b: specifying the facts that support his or her reliance on subsection (2).
104: Recovery of fees and other money
1: All fees and other money payable to the Crown under this Act or the regulations granted under this Act, is
2: All fees payable under this Act or the regulations must be paid into a Departmental Bank Account, and all other money payable to the Crown under this Act, or the regulations, or under any permit granted under this Act, must be paid into a Crown Bank Account.
3: To avoid doubt, any interest payable on fees must be paid into a Crown Bank Account. Section 104(1) amended 24 May 2013 section 56(1) Crown Minerals Amendment Act 2013 Section 104(1) amended 24 May 2013 section 56(2) Crown Minerals Amendment Act 2013 Section 104(2) replaced 24 May 2013 section 56(3) Crown Minerals Amendment Act 2013 Section 104(3) inserted 24 May 2013 section 56(3) Crown Minerals Amendment Act 2013
104A: Interpretation
In this Act,— infringement fee infringement offence Section 104A inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104B: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 104D
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a)
3: See section 21 Section 104B inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104C: Who may issue infringement notices
The chief executive may, in writing, authorise an enforcement officer to issue infringement notices under this Act. Section 104C inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104D: When infringement notice may be issued
The chief executive or an enforcement officer may issue an infringement notice to a person if the chief executive or enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 104D inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104E: Revocation of infringement notice before payment made
1: The chief executive or an enforcement officer may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The chief executive or enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 104B(1)﻿(a) or (b) Section 104E inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104F: What infringement notice must contain
An infringement notice must be in the form prescribed in the regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the [place where the infringement notice may be paid]:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations. Section 104F inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104G: How infringement notice may be issued to person
1: An infringement notice may be issued to a person who the chief executive or enforcement officer believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 16 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the chief executive or enforcement officer. Section 104G inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104H: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account. Section 104H inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104I: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 104I inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104J: Regulations
Regulations may be made under section 105
a: prescribing infringement offences by—
i: prescribing a duty, restriction, or prohibition for conduct that is similar to conduct, or similar to an element of conduct, for which there is a duty, restriction, or prohibition under any provision of this Act or regulations; and
ii: providing that a contravention of the duty, restriction, or prohibition is an infringement offence:
b: prescribing for those infringement offences—
i: fines not exceeding—
A: $2,000 for an individual:
B: $6,000 in any other case:
ii: infringement fees not exceeding—
A: $1,000 for an individual:
B: $3,000 in any other case. Section 104J inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021
104K: Relationship between infringement offences and other offences
A person may be prosecuted or convicted of any offence referred to in the Act (rather than proceeding under sections 104A to 104I Section 104K inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Regulations
105: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the form or content of applications, permits, notices, reports, or any other documentation or information required under this Act, and the manner in which such documentation or information is to be provided (including electronically)
b: prescribing the information to be provided with applications for permits:
c: prescribing conditions on which permits may be applied for, granted, changed, or extended:
ca: specifying for the purposes of section 33C
cb: prescribing, in relation to iwi engagement reports required under section 33C
d: prescribing the manner in which permits may be surrendered:
e: prescribing the manner in which persons wishing to apply for permits in respect of any land are to mark out or identify the land and prescribing a graticular system for the purpose of defining areas or parts of areas comprised in permits, applications for permits, or extensions of permits:
f: prescribing registers to be kept under this Act
g: providing for the keeping and provision of records, reports, information, and returns by permit holders for any purpose under this Act
gaa: prescribing the records, statements, or any other documentation or information required under other legislation that must be retained for the purposes of this Act:
gab: prescribing matters for the purposes of section 42B section 42C section 89ZD
gac: prescribing requirements in relation to the subpart 2 section 89ZB
gad: prescribing matters for the purposes of sections 89ZC 89ZE 89ZF
gae: prescribing the standard or requirements that a decommissioning cost estimate submitted under section 89ZC
ga: prescribing the information that must be provided under section 90B
gb: prescribing the form, manner, and times in or at which the chief executive section 90B
h: providing for the keeping by a holder of a permit of cores, specimens, or samples obtained in the course of activities carried out under the permit and for the examination, taking, and retention of such cores, specimens, or samples by authorised persons:
i: prescribing matters in respect of which fees are to be payable under this Act, the amount of the fees, the time and manner of their payment, and the persons liable to pay them, and providing for charges for late payment of fees:
j: authorising the refund or remission of any fees payable under this Act:
k: prescribing the amount of monetary deposits or bonds required with applications for permits:
l: prescribing the duties of permit holders and the activities to be carried out under permits:
m: prohibiting or regulating activities under a permit near the boundaries of the land comprised in the permit and on or near land comprised in other permits:
n: for the purposes of the definition of minimum impact activity, prescribing impacts as prohibited impacts and land as prohibited land:
o: generally regulating activities carried out under permits:
p: providing for the exemption of permit holders, either wholly or partially, and either absolutely or conditionally, from any of the conditions of their permits or from the provisions of any regulations for the time being in force under this Act
q: the prevention of the waste or loss of petroleum:
qa: regulating the decommissioning of petroleum infrastructure and the plugging and abandonment of wells:
qb: exempting specified classes of permit holders or licence holders from the obligation to decommission specified classes of petroleum infrastructure, or to plug and abandon specified classes of wells, or both, or deferring any or all of those obligations:
qc: declaring petroleum infrastructure and classes or items of petroleum infrastructure to be or not to be, as the case requires, relevant older petroleum infrastructure:
qd: declaring an individual well or class of wells to be, or not to be, as the case requires, to be a relevant older well or relevant older wells:
qe: requiring permit holders and licence holders to notify the chief executive of the likely date on which production will cease at any well, or in any field, at specified times:
qf: regulating the making of payments for post-decommissioning work, the establishment and operation of accounts into which those payments are deposited, and the use of, and accounting for, funds in those accounts:
qg: exempting specified classes of permit holders or licence holders from the obligation to make post-decommissioning payments under section 89ZV
qh: prescribing requirements in relation to the ongoing monitoring of a permit or licence holder’s financial position and assessing their financial capability under sections 89ZF to 89ZK
qi: regulating the setting, obtaining and maintaining of financial securities that permit holders and licence holders may be required to obtain and maintain, which may include, without limitation,—
i: setting criteria that the Minister must consider under section 89ZM(1)﻿(b)
ii: specifying matters to be considered by the Minister when determining the amounts that are required to be secured (including 1 or more formulas or other methods of calculating those amounts):
iii: prescribing circumstances in which certain kinds of securities will or will not be permitted:
iv: requiring certain kinds of financial securities to be held in specified situations:
v: setting a hierarchy of preferred financial securities, which may differ in different circumstances:
vi: specifying how certain financial securities must be held:
vii: setting time frames for the obtaining and maintaining of all or part of a required security:
viii: prescribing the manner in which information is to be supplied for the purposes of section 89ZL(2)
ix: enabling the Minister to determine any other specified matter in connection with financial securities:
qj: specifying the maximum amount or a scale of maximum amounts to be secured by financial securities that permit holders and licence holders may be required to obtain and maintain:
qk: regulating the setting and use of post-decommissioning payments, including, without limitation,—
i: specifying criteria for calculating the amount of post-decommissioning payments that permit holders and licence holders are required to make:
ii: setting time frames for making payments in 1 lump sum or by instalments:
iii: setting criteria to be applied in determining whether post-decommissioning payments are to be made in a lump sum or by instalments:
iv: setting criteria to be applied in determining whether to grant exemptions from post-decommissioning payments:
v: providing for refunds of all or part of a post-decommissioning payment in specified circumstances:
vi: setting restrictions on the use of post-decommissioning payments or post-decommissioning payments of a specified class:
ql: regulating the setting, obtaining and maintaining of financial securities that persons with post-decommissioning obligations under section 89ZV 89ZW
qm: prescribing matters for the purposes of section 89ZZS
r: providing for such matters as are contemplated by or necessary for giving full effect to this Act
2: Any regulations made under this section may provide for different regulations to apply in respect of different classes of permits, permit holders, or activities or in respect of the same class of permits, permit holders, or activities, in different circumstances.
3: Any regulations made under this section may apply generally throughout New Zealand or within any specified part or parts thereof. All regulations made under this section shall, unless otherwise specified in the regulations, apply generally throughout New Zealand and the continental shelf.
3A: Regulations made under this section may apply in relation to licences, licence holders, and holders of a participating interest in a licence, or any class of licence or those persons, in so far as the regulations relate to subparts 2
3B: Regulations made under subsection (1)﻿(qb) subsection (1)﻿(qb), (qc), or (qd) (which relates to class exemptions) may only provide for exemptions—
a: that the Minister is satisfied are exemptions from requirements that are unreasonable or inappropriate for the exempted class of persons to comply with; or
b: if the Minister is satisfied that events have occurred that make the requirements unnecessary or inappropriate for the exempted class of persons to comply with.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 105(1)﻿(a) replaced 24 May 2013 section 57(1) Crown Minerals Amendment Act 2013 Section 105(1)﻿(a) amended 2 December 2021 section 27(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(ca) inserted 24 May 2013 section 57(2) Crown Minerals Amendment Act 2013 Section 105(1)﻿(cb) inserted 24 May 2013 section 57(2) Crown Minerals Amendment Act 2013 Section 105(1)﻿(f) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)﻿(g) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)﻿(gaa) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(gab) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(gac) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(gad) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(gae) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(ga) inserted 18 October 2004 section 5 Crown Minerals Amendment Act 2004 Section 105(1)﻿(gb) inserted 18 October 2004 section 5 Crown Minerals Amendment Act 2004 Section 105(1)﻿(gb) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 105(1)﻿(p) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)﻿(qa) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qb) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qc) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qd) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qe) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qf) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qg) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qh) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qi) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qj) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qk) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(ql) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(qm) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)﻿(r) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(3A) amended 2 December 2021 section 27(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(3B) amended 2 December 2021 section 27(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
105A: Regulations relating to royalties
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing how royalties are to be calculated, or the rate or rates for royalties:
b: prescribing thresholds that apply for the purpose of determining whether royalties are payable:
c: prescribing the due dates for royalty payments and submitting royalty returns.
2: The regulations may make different provisions for—
a: different minerals:
b: a mineral that occurs in different specified states, places, phases, or strata:
c: a mineral that is explored for or extracted by different specified methods.
3: If regulations made under this section are in force—
a: when an initial permit is granted in respect of a mineral, royalties must be calculated in accordance with the regulations as they apply at the time the permit is granted:
b: when a subsequent permit is granted in respect of the same mineral, royalties must also be calculated in accordance with the regulations as they applied at the time the initial permit was granted:
c: when a permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with the regulations as they apply when the relevant change to the permit takes effect.
4: Despite subsection (3), the period in relation to which the royalty calculations are made must be that specified in the current regulations.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 105A inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 Section 105A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
105B: Regulations not invalid for certain matters
1: No regulation made under section 105 105A
a: it authorises the Minister or any other person—
i: to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or any other person; or
ii: to set any standard; or
b: it otherwise leaves any matter to the discretion of the Minister or any other person.
2: No regulation made under section 105A Section 105B inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013
105C: Regulations may incorporate material by reference
1: Regulations made under section 105 105A
a: financial reporting standards in effect under the Financial Reporting Act 2013 section 5(1) financial reporting standards
b: a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:
c: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
d: any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations.
2: The material may be incorporated by reference in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated material—
a: is as that exists at the time that the regulations are made; and
b: forms part of the regulations for all purposes and has legal effect accordingly.
4: An amendment to, or replacement of, a financial reporting standard in regulations made under section 105 105A initial regulations sections 27 28 Financial Reporting Act 2013
a: the amendment or replacement is made by the External Reporting Board in accordance with that Act; and
b: the amendment or replacement is of the same general character as the standard that is amended or replaced; and
c: the initial regulations state that amendments or replacements have this effect.
5: An amendment to, or replacement of, any other material in the initial regulations referred to in subsection (1) has legal effect as part of the initial regulations only if it is specifically incorporated by amendment regulations to the initial regulations.
6: A copy of material incorporated by reference in regulations made under section 105 105A
a: certified as a correct copy by the chief executive; and
b: retained by the chief executive.
7: The production in proceedings of a certified copy of the material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material.
8: Material incorporated by reference in regulations made under section 105 105A
9: The department responsible for the administration of this Act must—
a: provide electronic access to any material incorporated by reference in regulations made under this section, unless doing so would infringe copyright; and
b: make the material available for inspection during working hours, free of charge, at the department's head office and at any other place that the chief executive determines is appropriate.
10: A failure to comply with subsection (9) does not invalidate regulations that incorporate any material incorporated by reference in regulations made under section 105 105A
11: Subpart 1 section 114
12:
13: Section 105C inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 Section 105C(1)﻿(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 105C(4) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 105C(11) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 105C(12) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 105C(13) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
105D: Requirement to consult on proposal to incorporate material by reference
1: Before regulations incorporating material by reference are made under section 105 105A
a: make copies of the material proposed to be incorporated by reference (the proposed material administering department
b: state where copies of the proposed material are available for purchase; and
c: make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and stating the places at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments made.
2: The chief executive—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
3: The chief executive may comply with subsection (1)﻿(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administrating department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
4: A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 105C
5: For the purposes of subsection (1)﻿(c), a chief executive may not rely on section 66
6: Nothing in this section applies to material proposed to be incorporated by reference described in section 105C(1)﻿(a)
7: In this section, proposed material
a: the material itself:
b: an accurate translation in an official New Zealand language of the material, if the material is not in an official New Zealand language. Section 105D inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013
2: Savings and transitional provisions
Part 2 replaced 24 May 2013 section 59 Crown Minerals Amendment Act 2013
106: Savings and transitional provisions
The savings and transitional provisions set out in Schedule 1 Section 106 replaced 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Existing privileges Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
107: Existing privileges to continue
Section 107 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
108: Administration of existing privileges
Section 108 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
109: Bonds and monetary deposits
Section 109 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
110: Fees payable by holders of existing privileges
Section 110 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
110A: Data lodgement requirements in respect of petroleum licences
Section 110A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
110B: Extension of term of petroleum prospecting licences
Section 110B repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
111: Right to new permits
Section 111 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
111A: No application under section 103D of Mining Act 1971 for extension of duration of mining privilege
Section 111A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Existing applications Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
112: Existing applications under Mining Act 1971
Section 112 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
113: Existing applications under Coal Mines Act 1979
Section 113 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
114: Existing applications under Petroleum Act 1937
Section 114 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
114A: Priority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937
Section 114A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Transitional arrangements regarding access to land Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
115: Existing agreements regarding land access not affected
Section 115 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Miscellaneous provisions Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
116: Notices under section 24 of Mining Act 1971
Section 116 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
117: Minister's obligations in respect of minerals programmes
Section 117 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
118: Granting of petroleum permits before minerals programme issued
Section 118 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
119: Restriction on granting of permits
Section 119 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
119A: No compensation
Section 119A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
120: Repeals and revocations
Section 120 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
121: Consequential amendments
Section 121 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
122: Savings as to compensation claims
Section 122 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013
123: Savings as to court proceedings
Section 123 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013