Mining (Ministerial Consent) Order 1988

Reprint
as at 1 April 1988

Coat of Arms of New Zealand

Mining (Ministerial Consent) Order 1988

(SR 1988/65)

Paul Reeves, Governor-General

Order in Council

At Wellington this 28th day of March 1988

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry of Economic Development.


Pursuant to section 26 of the Mining Act 1971, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1 Title and commencement
  • (1) This order may be cited as the Mining (Ministerial Consent) Order 1988.

    (2) This order shall come into force on the 28th day after the date of its notification in the Gazette.

2 Section 26 of the Mining Act 1971 applied to certain land
  • The provisions of section 26 of the Mining Act 1971 are hereby applied to—

    • (a) all State forest land managed by the Department of Conservation pursuant to section 61 of the Conservation Act 1987:

    • (b) all land (other than foreshore) managed by the Department of Conservation pursuant to section 62 of the Conservation Act 1987.

3 Appropriate Minister
  • The Minister of Conservation shall be the appropriate Minister to grant consent under section 26 of the Mining Act 1971 in any case in which such consent is sought in respect of land to which that section applies by virtue of clause 2.

4 Revocation
  • The Mining (Ministerial Consent) Order 1987 (SR 1987/244) is hereby revoked.

C J Hill,
Acting for Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order applies the provisions of section 26 of the Mining Act 1971 to—

  • (a) all State forest land managed by the Department of Conservation pursuant to section 61 of the Conservation Act 1987:

  • (b) all land (other than foreshore) managed by the Department of Conservation pursuant to section 62 of the Conservation Act 1987.

Foreshore has been excluded from clause 2(b) as the consents required for the grant of a mining privilege in respect of foreshore are provided for in section 27 of the Mining Act 1971.

The order also provides that the Minister of Conservation is the appropriate Minister to grant consent where consent is sought to the grant of a mining privilege in respect of any land to which the provisions of section 26 of the Mining Act 1971 are applied by this order.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 March 1988.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Mining (Ministerial Consent) Order 1988. The reprint incorporates all the amendments to the order as at 1 April 1988, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)