(1) In this Act, unless the context otherwise requires,—
access arrangement and arrangement means an arrangement to permit access to land—
change includes amend, add to, delete from, and replace
coal means anthracite, bituminous coal, sub-bituminous coal, lignite, peat, and oil shale; and includes every other substance worked or normally worked with coal
coastal marine area has the meaning given in section 2(1) of the Resource Management Act 1991
common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
contravene includes fail to comply with
controlling authority, in relation to land, means—
crop means plants grown on cultivated land, the produce of which is to be harvested
Crown land means all land held in allodium by, or the fee simple title to which is vested in, the Crown whether by virtue of Crown prerogative, operation of law, any enactment, or any deed or instrument; and includes—
Crown owned mineral means any mineral that is the property of the Crown
current means, in relation to a permit, that the permit has been granted and has not expired or been surrendered or revoked; and currency has a corresponding meaning
customary marine title agreement has the meaning given to agreement in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
discovery means the discovery of a deposit or occurrence of a mineral
draft minerals programme means a programme prepared or in the course of preparation under section 14
dwellinghouse means any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is sited
enforcement officer means any person authorised under section 7
enter includes to re-enter; and entry has a similar meaning
exploration means any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of 1 or more minerals; and includes any drilling, dredging, or excavations (whether surface or subsurface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence; and to explore has a corresponding meaning
exploration permit means an exploration permit granted under this Act
foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area
fuel minerals includes coal and petroleum
gold includes any substance containing gold, or having gold mixed in it
gold fossicking area means any area declared under section 98 to be a gold fossicking area
in, in relation to land, means on or under the surface of land
industrial rocks and building stones includes aggregate, basalt, diatomite, dunite, granite, limestone, marble, perlite, pumice, sandstone, serpentine, slate, sand, and gravel
initial permit means a permit that is not a subsequent permit
land includes land covered by water; and also includes the foreshore and seabed to the outer limits of the territorial sea
metallic minerals includes compounds of aluminium, chromium, copper, gold, iron, lead, manganese, mercury, molybdenum, nickel, platinum, silver, tin, titanium, tungsten, uranium, vanadium, and zinc
mineral means a naturally occurring inorganic substance beneath or at the surface of the earth, whether or not under water; and includes all metallic minerals, non-metallic minerals, fuel minerals, precious stones, industrial rocks and building stones, and a prescribed substance within the meaning of the Atomic Energy Act 1945
minerals programme means a programme issued by the Governor-General under section 18 that is current
minimum impact activity means any of the following:
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
(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
mining means to take, win, or extract, by whatever means, a mineral existing in its natural state in land, or a chemical substance from that mineral, for the purpose of obtaining the mineral or chemical substance; but does not include prospecting or exploration; and to mine has a corresponding meaning
mining operations means operations in connection with mining, exploring, or prospecting for any Crown owned mineral including—
(a) the extraction, transport, treatment, processing, and separation of any mineral; and
(b) the construction, maintenance, and operation of any works, structures, and other land improvements, and of any machinery, and equipment, connected with such operations; and
(c) 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
(d) the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on, any such operations; and
when carried out at or near the site where the mining, exploration, or prospecting is carried out
mining permit means a mining permit granted under this Act
Minister means the Minister of Energy
non-exclusive permit means a permit which confers a right to prospect or explore for, or mine, any Crown owned mineral which right is not exclusive to the holder of the permit
non-metallic minerals includes asbestos, barite, bentonite, calcite, clays, dolomite, feldspar, fluorite, magnesite, mica, phosphate, potash, quartz, salt, silica lump, silica sand, sulphur, talc, and wax
occupier, in relation to land, means a person who has a right to occupy the land by virtue of a lease, sublease, licence, or any renewal thereof, granted by the owner of the land; and includes—
owner means—
(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 and 49 to 52, the person or persons (other than the Crown) who owns or own the minerals in the land
permit means a prospecting permit, an exploration permit, or a mining permit to the extent that it remains current; or, if the context requires, all or any of these permits
permit holder means any holder or holders for the time being of a permit
person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate
petroleum means—
(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 and 11, includes any petroleum as so defined which has been mined or otherwise recovered from its natural condition, or which has been so mined or otherwise recovered but which has been returned to a natural reservoir for storage purposes in the same or an adjacent area
petroleum mining permit means a mining permit for petroleum
prescribed means prescribed by regulations made under this Act
prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require
private bridge means a bridge or culvert (other than a footbridge) that is owned by or under the control of any person other than the Government or a public authority
prospecting means any activity undertaken for the purpose of identifying land likely to contain exploitable mineral deposits or occurrences; and includes—
and to prospect has a corresponding meaning
prospecting permit means a prospecting permit granted under this Act
public bridge means a bridge or culvert intended for public use or for use in connection with any public work within the meaning of the Public Works Act 1981 and under the control of the Government or any public authority
public notice, when given by the Minister, means notice published in 1 or more daily newspapers circulating in the main metropolitan areas
regulations means regulations made under this Act
relevant minerals programme,—
(c) in relation to a subsequent permit or an application for a subsequent permit, means, except where paragraph (d) applies, a minerals programme that, in accordance with paragraph (b), is the relevant minerals programme in relation to the initial permit that relates to the subsequent permit or application; and
(d) in relation to an application for a subsequent mining permit in respect of a discovery made under a subsequent mining permit, means a minerals programme that applies to the mineral to which the application applies, that was in force at the commencement of the exploration activities resulting in the discovery
right of access means, in respect of land, the right of a permit holder (and employees, agents, and contractors of a permit holder) to enter, use, occupy, and enjoy (with or without vehicles and equipment) the land for the purpose of carrying out lawful activity under a permit or any mining operations
sand does not include ironsand
Secretary means the chief executive of the Ministry of Economic Development
silver includes any substance containing silver, or having silver mixed in it, other than a substance that also contains gold or has gold mixed in it
submission means a written submission
subsequent permit means a permit granted in accordance with section 32
territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975
uranium includes thorium and all natural substances, chemical compounds, and physical combinations of uranium or thorium
working day means any day except—
(a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and