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 sections 53(3) and 54(3), the common marine and coastal area:

(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 sections 53(3) and 54(3), the common marine and coastal area:

(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 Minister of Conservation or the Minister and the Minister of Conservation, as the case may be, must not accept any application for an access arrangement, or variation to an access arrangement, or enter into any access arrangement, or variation to an access arrangement, relating to any Crown owned mineral in any Crown owned land or internal waters or land of the common marine and coastal area described in Schedule 4, except in relation to any activities as follows:

(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, in respect of Crown land, the appropriate Minister, or the Minister and the appropriate Minister, as the case may be, shall 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; 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) applies, the recommendation of the Director-General of Conservation and summary referred to in that subsection; and

(e)

such other matters as the appropriate Minister considers, or the Minister and the appropriate Minister, as the case may be, consider relevant.

(3)

Where a permit holder has secured the right, under the Resource Management Act 1991, to exclusive occupation of Crown land in the coastal marine area (as defined in section 2(1) of that Act), it shall not be necessary for the permit holder to enter into an access arrangement in respect of that land.

(4)

Subject to subsections (6) to (9), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister and the Minister of Conservation, amend 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 for conservation purposes that is declared an ecological area under section 18(1) of the Conservation Act 1987 unless the Minister and the Minister of Conservation make a recommendation to the Governor-General after making an assessment of—

(a)

the particular scientific value for which the land is held; and

(b)

the value of any Crown owned minerals in the land.

(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 of the Conservation Act 1987.

(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 of Schedule 4 of this Act being excluded from that schedule.

(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 of Schedule 4; or

(b)

any action taken under a provision of any other enactment that has the effect of excluding land from clauses 1 to 8 of Schedule 4.

Section 61 heading: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 61(1): replaced, on 24 May 2013, by section 41(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1AA): inserted, on 24 May 2013, by section 41(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1AAB): inserted, on 24 May 2013, by section 41(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1A): inserted, on 26 November 1997, by section 2(1) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(1A): amended, on 24 May 2013, by section 41(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1A): amended, on 24 May 2013, by section 41(3) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1A): amended, on 24 May 2013, by section 41(4) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1A): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 61(1A)(d): amended, on 24 May 2013, by section 41(5) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(1A)(e): replaced, on 24 May 2013, by section 41(6) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(2): amended, on 24 May 2013, by section 41(7) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(2): amended, on 24 May 2013, by section 41(8) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(2)(da): inserted, on 24 May 2013, by section 41(9) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(2)(db): inserted, on 24 May 2013, by section 41(9) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(2)(e): amended, on 24 May 2013, by section 41(10) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(3): added, on 28 September 1993, by section 12 of the Crown Minerals Amendment Act 1993 (1993 No 139).

Section 61(4): added, on 26 November 1997, by section 2(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(4): amended, on 24 May 2013, by section 41(11) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(5): added, on 26 November 1997, by section 2(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(6): added, on 26 November 1997, by section 2(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(6)(b): amended, on 24 May 2013, by section 41(12) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(7): added, on 26 November 1997, by section 2(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(7): amended, on 21 October 2000, by section 22 of the Forests (West Coast Accord) Act 2000 (2000 No 45).

Section 61(8): added, on 26 November 1997, by section 2(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 61(9): inserted, on 24 May 2013, by section 41(13) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 61(10): inserted, on 24 May 2013, by section 41(13) of the Crown Minerals Amendment Act 2013 (2013 No 14).