Reprint as at 4 April 2016

Coat of Arms of New Zealand

Crown Minerals Act 1991

Public Act
 
1991 No 70
Date of assent
 
22 July 1991
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Title and commencement
1APurpose
1BProvisions affecting application of Act
[Repealed]
2Interpretation
2AMeaning of appropriate Minister
2BMeaning of Tier 1 permit and Tier 2 permit
2CDetermination of permit tier status
2DConsequences of change in status of permit
3Act to bind Crown
4Treaty of Waitangi
5Functions of Minister
6Delegation of functions by Minister
7Functions of chief executive
8Restrictions on prospecting or exploring for, or mining, Crown owned minerals
9Other legal requirements not affected
10Petroleum, gold, silver, and uranium
11Minerals reserved to Crown
[Repealed]
12Purpose of minerals programme [Repealed]
13Application of minerals programmes
14Contents of minerals programmes
15Minister must prepare draft minerals programmes in certain situations
16Changes to minerals programmes
17Public notice
18Submissions
19Issue of minerals programmes
20Notification of minerals programmes
21Minister may defer consideration of application for permit
22Minister and chief executive must act in accordance with minerals programmes
23Purpose of permits
23AApplication for permits
24Allocation by public tender
25Grant of permit
25ARecord of permit
26Priority of applications if more than 1 made and no minerals programme
27Permit holder must have permit operator
28Restriction on granting of prospecting permits
28ADeclaration that permits not to be issued or extended for specified land for specified period
29Minister may require survey to be done
29AProcess for considering application
29BProcess for considering application under public tender for conditional exploration permit
30Rights to prospect, explore, mine
31Right of permit holder to minerals
32Right of permit holder to subsequent permits
33Permit holder responsibilities
33AExercise of permit conditional on authorisation
33BHealth and Safety regulator to notify chief executive of breaches of legislation
33CIwi engagement reports
33DAnnual review meeting for holders of Tier 1 permits
34Financial return to the Crown
35Duration of permit
35AAppraisal extension of exploration permits
35BConditions imposing relinquishment obligation: prospecting permits
35CConditions imposing relinquishment obligation: exploration permits
36Change to permit
37Process for Minister’s proposal to change work programme for petroleum mining permit
38Determination by independent expert
39Revocation or transfer of permit
40Surrender of permit
41Transfer of interest in permit
41AChange of control of permit participants
41BDealings
41CChange of permit operator
41DGeneral provisions relating to transfers, dealings, and changes of permit operator
42Minister may require survey at any time
42AAuthorisation of geophysical surveys on adjacent land
43Work programmes to be approved by Minister
44Duty of Minister withholding approval of work programme
45Minister may direct that petroleum be refined and processed in New Zealand, etc
46Unit development
47Permit does not give right of access to land
48Cancellation of any Crown right of entry that is reserved by statute
49Entry on land for minimum impact activity
50Entry on special classes of land for minimum impact activity
51Entry on Maori land for minimum impact activity
52Permit holder may obtain order
53Access to land for petroleum
54Access to land for minerals other than petroleum
55Restrictions on determination of access arrangements by arbitrators
56Provisions relating to access arrangements
57Meaning of entry on land
58Disputes as to classification of land and activities
59Notice of request for grant of right of access
60Grant of right of access by access arrangement
61Access arrangements in respect of Crown land and land in common marine and coastal area
61AAccess to Crown land where mineral not property of the Crown
61BAccess arrangements in respect of Crown land where mineral not property of the Crown
61CPublic notification of certain access arrangements
62Prohibition of access in respect of Crown land
63Request for appointment of arbitrator
64Appointment of arbitrator in default of agreement
65Fixing time and place for conducting hearing
66Declaration by Order in Council that access arrangement may be determined by arbitrator
67Right of appearance
68Conciliation
69Procedure
70Determination of access arrangement, etc
71Effect of access arrangement, etc
72Variation of access arrangements
73Costs
74Withdrawal from arbitration
75Liability
76Compensation for owners and occupiers
77Compliance with access conditions
78Absentee or unknown owner of land
79Absentee or unknown owner of minerals
80Access arrangements in respect of Maori land
81Lodging and notation of permits [Repealed]
82Lodging of certificates of extension [Repealed]
83Notation of access rights on land titles
84Entry of permit and access particulars acts as notice only
85Land Transfer Act 1952 not to limit or affect rights under permits or rights of access
86Notation of mineral ownership on land titles
87Certified copies of documents to be evidence
88Recorded documents to be open for search
89Revision of records
90Permit holder records and reports
90ADisclosure of information
90BDisclosure and publication of mineral resources and mineral production information
90CProvisions relating to speculative prospectors
90DTreatment of speculative prospecting information purchased or licensed by permit holder
90EProviding information to regulatory agencies
90FConditions that may be imposed on providing information or documents under section 90E
90GRegulatory agency may provide information for purposes of this Act
91Chief executive to keep registers
91ACorrection of errors or omissions
92Permits are not real or personal property
92AEffect of liquidation or loss of registration of company
93Access arrangement does not confer interest
94Officers not to have personal interest
95Address for service
96Service of documents, etc
97Application of monetary deposits
97AChief executive may prescribe form of certain documents
98Gold fossicking areas (Crown land)
98AGold fossicking areas (other land)
99Arbitration
99AAppointment of enforcement officers
99BPowers of enforcement officers
99CApplication for warrant for entry to search
99DApplication of Part 4 of Search and Surveillance Act 2012
99EAuditing
99FPower to require information
99GProtection of persons acting under authority of this Act
99HRoyalties
99IPower to amend royalty returns or make default assessment
99JInterest on unpaid money
99KRight to object to amendment or default assessment
99LRight of appeal
99MStatus of original amendment or default assessment
100Offences
101Penalties
101AInterpretation
101BInterfering with structure or operation in offshore area
101CPowers of enforcement officers
102Liability of principal for acts of agents
103Strict liability
104Recovery of fees and other money
105Regulations
105ARegulations relating to royalties
105BRegulations not invalid for certain matters
105CRegulations may incorporate material by reference
105DRequirement to consult on proposal to incorporate material by reference
106Savings and transitional provisions
[Repealed]
107Existing privileges to continue [Repealed]
108Administration of existing privileges [Repealed]
109Bonds and monetary deposits [Repealed]
110Fees payable by holders of existing privileges [Repealed]
110AData lodgement requirements in respect of petroleum licences [Repealed]
110BExtension of term of petroleum prospecting licences [Repealed]
111Right to new permits [Repealed]
111ANo application under section 103D of Mining Act 1971 for extension of duration of mining privilege [Repealed]
[Repealed]
112Existing applications under Mining Act 1971 [Repealed]
113Existing applications under Coal Mines Act 1979 [Repealed]
114Existing applications under Petroleum Act 1937 [Repealed]
114APriority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937 [Repealed]
[Repealed]
115Existing agreements regarding land access not affected [Repealed]
[Repealed]
116Notices under section 24 of Mining Act 1971 [Repealed]
117Minister’s obligations in respect of minerals programmes [Repealed]
118Granting of petroleum permits before minerals programme issued [Repealed]
119Restriction on granting of permits [Repealed]
119ANo compensation [Repealed]
120Repeals and revocations [Repealed]
121Consequential amendments [Repealed]
122Savings as to compensation claims [Repealed]
123Savings as to court proceedings [Repealed]
Reprint notes
Title [Repealed]

Title: repealed, on 24 May 2013, by section 4 of the Crown Minerals Amendment Act 2013 (2013 No 14).