Crown Minerals (Minerals and Coal) Regulations 1999

  • revoked
  • Crown Minerals (Minerals and Coal) Regulations 1999: revoked, on 1 February 2008, by regulation 53 of the Crown Minerals (Minerals and Coal) Regulations 2007 (SR 2007/399).

Reprint
as at 1 February 2008

Crown Minerals (Minerals and Coal) Regulations 1999

(SR 1999/312)

  • Crown Minerals (Minerals and Coal) Regulations 1999: revoked, on 1 February 2008, by regulation 53 of the Crown Minerals (Minerals and Coal) Regulations 2007 (SR 2007/399).


Note

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

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

These regulations are administered in the Ministry of Commerce.


PURSUANT to section 105 of the Crown Minerals Act 1991, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Contents


1 Title and Commencement
  • (1) These regulations may be cited as the Crown Minerals (Minerals and Coal) Regulations 1999.

    (2) These regulations come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    The Act means the Crown Minerals Act 1991

    Reference number means the unique number assigned to the permit on application, and by which it is identified in the register of permits kept by the Secretary in accordance with section 91(1) of the Act when it is granted.

    (2) Any term or expression that is not defined in these regulations, but that is defined in the Act or any relevant minerals programme, has the meaning given to it by the Act or the relevant minerals programme.

3 Application
  • These regulations apply to—

    • (a) All applications made under the Act for permits that relate to minerals other than petroleum; and

    • (b) All permits that relate to minerals other than petroleum; and

    • (c) All holders of permits that relate to minerals other than petroleum.

Part 1
Permit Applications and Related Matters

4 Application for Prospecting Permit
  • (1) An application to the Secretary for a prospecting permit under section 23(1) of the Act must be in form 1 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

5 Application for Exploration Permit (other than exploration permit allocated by cash bonus bidding)
  • (1) An application to the Secretary for an exploration permit (other than an application for allocation of an exploration permit by cash bonus bidding) under section 23(1) of the Act must be in form 2 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

6 Application for Mining Permit (other than mining permit allocated by cash bonus bidding, non-exclusive small-scale suction dredge gold mining permit, or special purpose mining permit)
  • (1) An application to the Secretary for a mining permit (other than a mining permit that is to be allocated by cash bonus bidding, a non-exclusive small-scale suction dredge gold mining permit, or a special purpose mining permit) under section 23(1) of the Act must be in form 3 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

7 Application for Non-Exclusive Small-Scale Suction Dredge Gold Mining Permit
  • (1) An application to the Secretary for a non-exclusive small-scale suction dredge gold mining permit under section 23(1) of the Act must be in form 4 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

8 Application for Exploration or Mining Permit Allocated by Cash Bonus Bidding
  • (1) An application to the Secretary under section 23(1) of the Act for an exploration permit or a mining permit to be allocated by cash bonus bidding must be in form 5 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

9 Application for Special Purpose Mining Permit
  • (1) An application to the Secretary for a special purpose mining permit under section 23(1) of the Act must be in form 6 in Schedule 1.

    (2) The application must be signed by every person applying for the permit or the person authorised to sign on behalf of the applicant.

10 Application to Amend Conditions of Permit
  • (1) A written application to amend any of the conditions of a permit under section 36 of the Act must include—

    • (a) The reference number of the permit for which the change of conditions is sought; and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) Details of the proposed change to the permit conditions; and

    • (e) The reasons why the permit holder considers the Minister should change the permit conditions, accompanied by any relevant diagrams, maps, cross-sections, and reports.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

11 Application for Extension of Minerals or Land to which Prospecting or Exploration Permit Relates
  • (1) A written application to extend the minerals or land to which a prospecting or exploration permit relates under section 36 of the Act must include—

    • (a) The reference number of the prospecting or exploration permit (for which the extension of minerals or land is sought); and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) Advice of the minerals to which the permit holder proposes to extend the permit, or advice of the size of the proposed extension of area of land in hectares; and

    • (e) In the case of an extension of area, a plan that clearly locates and defines the area of land in respect of which the extension is sought in relation to the relevant part of the boundary of the existing permit; and

    • (f) The reasons why the permit holder considers the Minister should extend the minerals or land to which the permit relates, which may include geological evidence to support the application; and

    • (g) Details of how the permit holder proposes to prospect or explore the additional minerals or land, which may include details of any proposed modifications to the work programme or the level of expenditure.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

12 Application for Extension of Minerals or Land to which Mining Permit Relates
  • (1) A written application to extend the minerals or land to which a mining permit relates under section 36 of the Act must include—

    • (a) The reference number of the mining permit (for which the extension of minerals or land is sought); and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) Advice of the minerals to which the permit holder proposes to extend the mining permit, or advice of the proposed extension of area of land in hectares; and

    • (e) In the case of an extension of area, a plan that clearly locates and defines the area of land in respect of which the extension is sought in relation to the relevant part of the boundary of the existing permit; and

    • (f) The reasons why the permit holder considers the Minister should extend the minerals or land to which the permit relates, which may include—

      • (i) Evidence that the minerals to which the permit holder proposes to extend the mining permit exist and are capable of being mined, or that there is a deposit capable of being mined in the area of land in respect of which an extension is sought; and

      • (ii) Maps, diagrams, or cross-sections supporting the existence and extent of the minerals proposed to be added or indicating the location and extent of the identified deposit in the area for which an extension is sought; and

      • (iii) Estimates of resources (inferred, indicated, and measured) and reserves (probable and proved) of the minerals proposed to be added or the identified deposit of mineral in the area for which an extension is sought; and

      • (iv) Geological evidence to support the application; and

    • (g) Details of the mining proposed in relation to the extension sought, which may include details of any proposed modifications to the work programme or the point of valuation for royalties payable to the Crown.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

13 Application for Extension of Duration of Prospecting Permit
  • (1) A written application for an extension of the duration of a prospecting permit under section 36 of the Act must include—

    • (a) The reference number of the permit for which the extension of duration is sought; and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) The extension of duration sought; and

    • (e) The proposed minimum work programme to be carried out during the proposed extended period of the permit; and

    • (f) The proposed expenditure for each stage of prospecting during the proposed extended period of the permit; and

    • (g) The reasons why the permit holder considers the Minister should extend the duration of the permit, which may include a discussion of—

      • (i) The objectives of the proposed work programme; and

      • (ii) The results of prospecting undertaken by the permit holder; and

      • (iii) The geology and potential mineralisation of the area of the permit.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

14 Application for Extension of Duration of Mining Permit
  • (1) A written application for an extension of the duration of a mining permit under section 36 of the Act must include—

    • (a) The reference number of the permit for which the extension of duration is sought; and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) The extension of duration sought; and

    • (e) The reasons why the permit holder considers the Minister should extend the duration of the permit, which must include—

      • (i) An explanation as to why the discovery to which the permit relates cannot be economically depleted before the date of expiration of the permit; and

      • (ii) Estimates of remaining resources (inferred, indicated, and measured) and reserves (probable and proved); and

    • (f) The mining work that is proposed to be undertaken during the period of the extension, which may include details of any proposed modifications to the work programme, the mining and production schedule, or the proposed level of expenditure.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

15 Application for Extension of Duration of Exploration Permit in Respect of Area of Unbroken Land
  • (1) A written application for an extension of duration of an exploration permit in respect of an area of unbroken land under section 37(1) of the Act must include—

    • (a) The reference number of the permit for which the extension of duration is sought; and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) The extension of duration sought; and

    • (e) Details of the area of land, in hectares, for which it is proposed that the permit continue; and

    • (f) A plan that clearly locates and defines the relevant area of land for which it is proposed that the permit continue, which must be an unbroken area not exceeding one-half of the area comprised in the permit; and

    • (g) The proposed minimum work programme to be carried out during the proposed extended period of the permit defining any stages proposed; and

    • (h) The proposed expenditure for each stage of exploration during the proposed extended period of the permit; and

    • (i) A discussion of the proposed programme of work with sufficient details to satisfy the Minister that it will provide for the satisfactory exploration of the land in respect of which the extension is sought, which may refer to—

      • (i) The objectives of the proposed work programme; and

      • (ii) The results of the exploration undertaken by the permit holder; and

      • (iii) The geology and potential mineralisation of the area of the permit.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

16 Application for Extension of Duration of Exploration Permit for Purpose of Enabling Appraisal of Discovery
  • (1) A written application for an extension of the duration of an exploration permit for the purpose of enabling the appraisal of a discovery, referred to as an appraisal extension, under section 37(2) of the Act must include—

    • (a) The reference number of the permit for which the extension of duration is sought; and

    • (b) The name of the permit holder; and

    • (c) The name and address of the person who should be contacted concerning the application; and

    • (d) The extension of duration sought; and

    • (e) Details of the area or areas of land, in hectares, in respect of which the extension is sought, and a plan that clearly locates and defines the relevant areas; and

    • (f) A discussion and preliminary evaluation of the discovery or discoveries the permit holder has made, which may include a report and plans indicating the location, extent, and geology of each discovery and preliminary resource and reserve estimates; and

    • (g) The proposed appraisal work programme to be carried out during the proposed extended period of the permit, defining any stages of work proposed; and

    • (h) A discussion of the objectives of the proposed appraisal work programme with sufficient details to satisfy the Minister that—

      • (i) Reasonable efforts are being made to carry out the appraisal work programme; and

      • (ii) The appraisal work programme is sufficient to carry out the appraisal work; and

      • (iii) The duration of the permit is insufficient to carry out the appraisal work for the discovery; and

    • (i) The proposed expenditure for each stage of the proposed appraisal work programme.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

17 Notice of Surrender or Partial Surrender of Permit
  • (1) A notice of surrender of a permit or part of a permit lodged for acceptance by the Secretary under section 40(1) of the Act must be in form 7 in Schedule 1.

    (2) The notice must be signed by the permit holder or the person authorised to sign on behalf of the permit holder.

18 Application for Minister's Consent to Agreement to Transfer or Otherwise Deal with Permit
  • (1) An application for the Minister's consent to an agreement to transfer or otherwise deal with a permit under section 41(2) of the Act must be in writing and include—

    • (a) The reference number of the permit for which the consent to an agreement to transfer or otherwise deal with the permit is sought; and

    • (b) The name of the permit holder; and

    • (c) The full legal name and the business address of any proposed new permit holder and, in the case of a company, the registered office of the company; and

    • (d) The name and address of the person who should be contacted concerning the application; and

    • (e) An original or true copy of the agreement which requires the Minister's consent or, if the agreement is not in writing, a description of the agreement; and

    • (f) Details of the technical qualifications and financial resources of any proposed new permit holder.

    (2) The application must be forwarded to the Secretary and accompanied by the prescribed fee or evidence of payment of the prescribed fee.

    (3) The application must be signed by every party to the agreement or their agent and submitted for the Minister's consent.

    (4) The information required by subclause (1) may be provided using a form approved by the Secretary.

19 Notice of Access Arrangement
  • (1) The 3 copies of a notice of an access arrangement, required by section 83 of the Act to be lodged with the District Land Registrar, must be in form 8 in Schedule 1.

    (2) The notice must be accompanied by a copy of the access arrangement and any fee prescribed by regulations made under the Land Transfer Act 1952.

    (3) The notice must be signed by the permit holder, or the permit applicant, or the person authorised to sign on behalf of the permit holder or permit applicant.

20 Certificate of Duplicate Permit
  • A request for a certificate given under the hand of the Secretary under section 91(4) of the Act in respect of any permit that has been defaced, lost, stolen, or destroyed must be accompanied by—

    • (a) The prescribed fee or evidence of payment of the prescribed fee; and

    • (b) The defaced permit, or evidence relating to the loss, theft, or destruction of the original permit.

21 Notice of Appeal Against Increase in Amount of Bonds and Monetary Deposits
  • (1) A notice of appeal against an increase in the amount of bond or monetary deposit under section 109(3) of the Act must be made by lodging with the Environment Court a notice of appeal in form 9 in Schedule 1.

    (2) The notice of appeal must be accompanied by a copy of the regional council's decision.

    (3) The notice of appeal must be signed by the holder of the coal mining right or the person authorised to sign on behalf of the holder of the coal mining right.

Part 2
Royalty Returns and Related Matters

22 Interim Royalty Statement
  • (1) If a mining permit holder is required by the conditions of the permit to make an interim royalty payment to the Secretary, the mining permit holder must provide, with the interim royalty payment, the following:

    • (a) A statement detailing the calculation of net sales revenues for the period the interim royalty payment covers, including—

      • (i) Details of the quantity and value of production sold, gifted, exchanged, or removed from the permit area without sale or use in the production process; and

      • (ii) Any netbacks; and

      • (iii) Any net forwards; and

    • (b) A declaration signed by the permit holder that the interim royalty statement is true and correct.

    (2) The information required by subclause (1) may be provided using a form approved by the Secretary.

23 Annual Royalty Return
  • (1) A mining permit holder must provide to the Secretary an annual royalty return in form AR in Schedule 2 for each reporting period within 5 months of the end of each period, except the final reporting period.

    (2) The mining permit holder must complete only Part A of form AR where the net sales revenues for a mining permit or the combined net sales revenues for a production unit are—

    • (a) $1 million or less for a reporting period; or

    • (b) On average $83,333 or less per month if the reporting period is less than 12 months.

    (3) The mining permit holder must complete Parts A and B of form AR and Part C, where appropriate, where the net sales revenues for a mining permit or the combined net sales revenues for a production unit are—

    • (a) More than $1 million in a reporting period; or

    • (b) On average more than $83,333 per month if the reporting period is less than 12 months.

    (4) The section to be completed by an accountant or auditor and the statement supporting the accountant's or auditor's check of the annual royalty return in form AR in Schedule 2 must be completed and signed by—

    • (a) An accountant, if subclause (2) applies and an accountant has prepared the annual return; or

    • (b) An accountant or, if subclause (3) applies and the permit holder engages the services of an auditor to review financial statements or financial information for the purposes of the Companies Act 1993 or the Financial Reporting Act 1993, an auditor.

24 Royalty Return for Final Reporting Period
  • (1) A mining permit holder must provide to the Secretary a royalty return for the final reporting period in form FR in Schedule 2 within 5 months of the expiry, revocation, or surrender of a mining permit.

    (2) The mining permit holder must complete only Part A of form FR if—

    • (a) The net sales revenues for a mining permit or the combined net sales revenues for a production unit have never been greater than $1 million for any reporting period throughout the duration of the permit; or

    • (b) The net sales revenues for a mining permit have never averaged more than $83,333 per month for any reporting period less than 12 months; or

    • (c) The mining permit holder has not paid provisional accounting profits royalty at any time during the term of the permit.

    (3) The mining permit holder must complete Parts A and B of form FR if the mining permit holder has paid provisional accounting profits royalty at any time during the term of the permit.

    (4) If the mining permit holder is required to complete Part B of form FR, the section to be completed by an accountant or auditor and the statement supporting the accountant's or auditor's check of the final royalty return in form FR in Schedule 2 must be completed and signed by—

    • (a) An accountant; or

25 Keeping of Records for Purposes of Verifying Royalty Returns
  • (1) Every mining permit holder must keep any books, accounts, and other records that explain or provide details of revenues and costs related to the mining permit for 7 years or until acceptance of the final royalty return for which the mining permit holder is responsible, whichever occurs first.

    (2) The books, accounts, or other records required to be kept must be available at all reasonable times for inspection in New Zealand for the purposes of verifying the royalty return, by the Secretary or any person authorised in writing for that purpose.

Part 3
Reports on Prospecting and Exploration and Related Matters

26 Reports on Prospecting and Exploration Activities
  • (1) A permit holder must forward to the Secretary copies of all records and reports of prospecting and exploration activities undertaken in respect of a prospecting, exploration, or mining permit, including copies of records and reports relating to—

    • (a) Geological investigations, studies, or reviews; and

    • (b) Reviews of existing data; and

    • (c) Geophysical surveys; and

    • (d) Geochemical surveys; and

    • (e) Programmes of costeans and bulk sampling; and

    • (f) Drilling and shaft sinking.

    (2) Except as provided in subclause (3), all records and reports and accompanying maps, sections, or other documents must be supplied in the form of 2 legible paper copies or, where records are produced in digital form, 1 legible paper copy and 1 digital copy.

    (3) The record of a geophysical or geochemical survey may be supplied in the form of 1 digital copy suitable for archiving.

    (4) Any record or report to be supplied to the Secretary must be forwarded within 9 months after the completion of the investigation, study, review, survey, or programme of sampling or drilling to which the record or report relates.

    (5) Any report to be supplied to the Secretary must—

    • (a) Fully describe the activity undertaken; and

    • (b) Indicate the method or methods used; and

    • (c) Include all of the results obtained; and

    • (d) Include any interpretation of the data obtained; and

    • (e) Contain any maps, sections, or other documents prepared to which the report of the investigation, study, review, survey, or programme of sampling or drilling relates.

    (6) Records and reports must be obtained and prepared in accordance with the Guide to Prospecting and Exploration Reporting Requirements, as issued by the Secretary from time to time.

27 Format Requirements for Records and Reports
  • (1) Any record or report required to be supplied to the Secretary under regulation 26 must contain—

    • (a) The permit reference number and name of the permit holder; and

    • (b) The date of the survey, investigation, study, review, or programme of sampling or drilling; and

    • (c) The type of investigation or study; and

    • (d) The location of the area of land to which the survey, investigation, study, or programme of sampling or drilling relates.

    (2) The information required by subclause (1) may be provided using the prospecting and exploration reporting cover sheet form approved by the Secretary.

    (3) All maps, profiles, and sections and all other pictorial documents and records must include a scale, appropriate compass indicator, and the projection, as appropriate.

    (4) Any code used on a map, profile, or other document or record must be explained in an accompanying legend.

    (5) Reports on drilling programmes and shaft sinking must include—

    • (a) Details of the location of drill holes or shafts; and

    • (b) For every drill hole or shaft, its depth, angle of inclination and azimuth, and its collar height relative to mean sea level and to the surface (if collared below surface).

    (6) Reports on costeans and bulk sampling must include the location of the costean or bulk sample pit and the location in the costean or bulk sample pit of samples collected.

    (7) Reports of geochemical surveys must include a sample location map.

    (8) Reports of geophysical surveys must include a map clearly indicating the location of the geophysical recordings.

28 Annual Statement of Expenditure on Prospecting and Exploration
  • (1) A holder of a prospecting or exploration permit must supply an annual statement of expenditure to the Secretary for the period beginning on 1 April and ending with 31 March, or for any other annual period approved by the Secretary under subclause (4), within 2 months of the end of the period.

    (2) Each statement must set out—

    • (a) The permit reference number and name of the permit holder; and

    • (b) Expenditure, calculated in New Zealand dollars, in each of the following categories:

      • (i) Expenditure on prospecting or exploration, other than expenditure on consents and agreements, legal fees, the purchase of plant and equipment, office and administrative expenses, or the amount of any fees related to the permit; and

      • (ii) Expenditure on obtaining consents and agreements; and

      • (iii) Other expenditure related to the permit.

    (3) The statement may be provided using the annual statement of expenditure form approved by the Secretary.

    (4) On the request of the permit holder, the Secretary may approve an alternative annual period for the statement of expenditure.

29 Annual Summary Report on Prospecting and Exploration
  • (1) A holder of a prospecting or exploration permit must supply to the Secretary an annual summary report of the work undertaken for the period beginning on 1 April and ending with 31 March, or for any other annual period approved by the Secretary under subclause (4), within 2 months of the end of the period.

    (2) Each report must set out—

    • (a) The permit reference number and the name of the permit holder; and

    • (b) A summary of all prospecting and exploration activities undertaken, that may include—

      • (i) Whether any geological mapping has been undertaken; and

      • (ii) The number of soil and stream sediment and rock samples obtained; and

      • (iii) The type and amount of geophysical survey work undertaken; and

      • (iv) The number of metres (open hole and coring) drilled; and

      • (v) The number of pits and costeans excavated and the length of costeans excavated; and

      • (vi) The number and volume of bulk samples taken; and

      • (vii) The number and type of assays taken; and

      • (viii) Whether any metallurgical test work was undertaken; and

      • (ix) Whether any mine feasibility studies were carried out.

    (3) The report may be provided using the annual summary report form approved by the Secretary.

    (4) On request from the permit holder, the Secretary may approve the use of a different annual period to that in subclause (1).

    (5) Where the conditions of a permit require the permit holder to have completed a major stage of prospecting or exploration work, the Secretary may require an additional special report summarising the prospecting and exploration activities undertaken since the last annual summary report.

    (6) A special report—

    • (a) May be required no more than once in every 18 months; and

    • (b) Must set out the information required by subclause (2); and

    • (c) Must be forwarded to the Secretary within 2 months of receiving a request from the Secretary for a special report.

30 Relinquishment Report
  • If a permit has been surrendered in part, in addition to the requirements of section 90(6) of the Act, the permit holder must provide the Secretary with a relinquishment report listing the reports and records required to be provided under section 90(1) of the Act and regulation 26 that relate to—

    • (a) The permit area surrendered; and

    • (b) The permit area surrendered and retained; and

    • (c) The permit area to be retained.

31 Core and Samples
  • (1) The Secretary may make a request in writing to the permit holder to forward a representative sample of core or a representative fraction of any samples obtained in the course of prospecting or exploration.

    (2) Where a request is made under subclause (1), the permit holder must forward the core or sample within 60 days of the end of the permit term or such later date as approved by the Secretary.

    (3) Where the permit holder intends to dispose of core obtained in the course of activities carried out under the permit, the permit holder must give the Secretary not less than 30 days' written notice of such intention, and the date on which the core is to be disposed of.

    (4) Before the date of intended disposal of any core for which a notice has been received, the Secretary may give a written direction to the permit holder requiring the permit holder to prepare and forward the entire core or any part of the core to the Secretary within 90 days.

    (5) Core forwarded to the Secretary in response to a request under subclause (1) or subclause (4) must be prepared and forwarded in accordance with the following specifications:

    • (a) Core must be arranged, in the precise order as cut, in a core tray that meets any specifications issued by the Secretary from time to time; and

    • (b) Each section of core must be labelled clearly, with indelible ink or core blocks, to indicate depths and showing which is the upper end and lower end of the core; and

    • (c) Each tray must be labelled clearly on the outside of the tray to show—

      • (i) The depth of the upper and lower ends of the core; and

      • (ii) The name and number of the drill hole the core was obtained from; and

      • (iii) The name of the permit holder; and

      • (iv) The permit reference number to which the drill hole relates; and

    • (d) If more than 1 core tray is required, trays must be numbered consecutively.

    (6) Samples forwarded to the Secretary in response to a request under subclause (1) or subclause (4) must be prepared and forwarded in accordance with the following specifications:

    • (a) The samples must be in durable rot-proof bags or containers, arranged in consecutive order, and stored in a suitable box which meets specifications that may be issued by the Secretary from time to time; and

    • (b) Each sample must indicate clearly the depth and location from which it was obtained; and

    • (c) Each box must be clearly labelled, in indelible ink, on the outside to show—

      • (i) The sample designation and number; and

      • (ii) The name of the survey and number of samples collected; and

      • (iii) The name of the permit holder; and

      • (iv) The permit reference number to which the samples relate; and

    • (d) Where more than 1 box is required, the boxes must be numbered consecutively.

    (7) All core and samples collected by a permit holder must be stored in such a manner as to minimise any degradation of the core and samples.

32 Extension of Time
  • The Secretary may, on the written application of the permit holder, extend the date by which reports, records, statements, core, and samples are required to be submitted in accordance with regulations 26 and 28 to 31.

33 Dispensing with Requirements
  • The Secretary may, on the written application of the permit holder, exempt the permit holder from compliance with any of the requirements set out in regulations 26 to 31, provided the Secretary is satisfied that it is not reasonable or practicable for the permit holder to supply the report, statement, map, section, data, sample, core, or other document or record, as specified in these regulations.

34 Address for Supplying Reports and Records
  • The permit holder must supply all reports, records, statements, core, and samples required in accordance with regulations 26 and 28 to 31 to the address advised by the Secretary.

35 Exemption from Permit Conditions
  • (1) All holders of prospecting permits and exploration permits are exempted from any condition or conditions of their permits that require the permit holder to report on prospecting and exploration activities.

    (2) This exemption is not an exemption from any requirements of the Act.

Part 4
Revocation and Saving

36 Revocation and Saving
  • (1) The Crown Minerals (Forms—Other Than for Petroleum) Regulations 1992 (SR 1992/26) are revoked.

    (2) Every application for a permit or change to a permit received by the Secretary, but not determined or withdrawn, before these regulations come into force may be dealt with as if the Crown Minerals (Forms—Other Than for Petroleum) Regulations 1992 were not revoked by subclause (1).


Schedule 1

  • Forms 1 to 7 were amended, as from 7 September 2000, by section 8(2) Ministry of Economic Development Act 2000 (2000 No 28) by substituting the words Economic Development for the word Commerce. Forms 1 to 4, 6, 7, and 9 were amended by section 8(2) of that Act by substituting the words chief executive of the Ministry of Economic Development for the words Secretary of Commerce.

  • Forms 1–6 were amended, as from 1 November 2006, by section 23(2)(a) Westpac New Zealand Act 2006 (2006 No 3(P)) by substituting the words Westpac New Zealand Limited for the words WestpacTrust Banking Corporation in each place where they appear. See section 2(2) Westpac New Zealand Act 2006 (2006 No 3(P)), which brings the amendment into force as from the appointed day and section 4(1) of that Act as to the definition of appointed day.. See clause 3 of the Schedule Westpac New Zealand Proposal Approval Order 2006 (SR 2006/306).

  • Forms 1–6 were amended, as from 1 November 2006, by section 23(2)(b) Westpac New Zealand Act 2006 (2006 No 3(P)) by substituting the words Westpac New Zealand Limited for the words WestpacTrust Bank in each place where they appear. See section 2(2) Westpac New Zealand Act 2006 (2006 No 3(P)), which brings the amendment into force as from the appointed day and section 4(1) of that Act as to the definition of appointed day.. See clause 3 of the Schedule Westpac New Zealand Proposal Approval Order 2006 (SR 2006/306).

Form 1
Application for Prospecting Permit

Reg 4

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Form 2
Application for Exploration Permit

Reg 5

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Form 3
Application for Mining Permit

Reg 6

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Form 4
Application for Non-Exclusive Small-Scale Suction Dredge Gold Mining Permit

Reg 7

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Form 5
Application for Exploration or Mining Permit to be Allocated by Cash Bonus Bidding

Reg 8

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Form 6
Application for a Special Purpose Mining Permit

Reg 9

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Form 7
Notice of Surrender or Partial Surrender

Reg 17

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Form 8
Notice to the District Land Registrar of an Access Arrangement

Reg 19

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Form 9
Notice of Appeal Against Increase in Amount of Bond or Monetary Deposit

Reg 21

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.

Schedule 2

Form AR
Annual Royalty Return

Reg 23

Part A
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Part BProvisional Accounting Profits Royalty Calculation
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Part CAllowable APR Deductions—Prior Periods
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Statement Supporting Accountant/Auditor's Check of the Annual Royalty Return
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  • Forms AR to FR were amended, as from 7 September 2000, by section 8(2) Ministry of Economic Development Act 2000 (2000 No 28) by substituting the words Economic Development and chief executive of the Ministry of Economic Development for the words Commerce and Secretary of Commerce respectively.

Form FR
Final Royalty Return

Reg 24

Part A
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Part BFinal Accounting Profits Royalty Calculation
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Statement Supporting Accountant/Auditor's Check of the Final Royalty Return
.
.
  • Forms AR to FR were amended, as from 7 September 2000, by section 8(2) Ministry of Economic Development Act 2000 (2000 No 28) by substituting the words Economic Development and chief executive of the Ministry of Economic Development for the words Commerce and Secretary of Commerce respectively.

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory Note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, require applicants and permit holders to supply certain information.

Part 1 relates to applications for permits, applications to change or transfer permits and notices related to permits. Regulations 4 to 21 specify the form of an application must be in or the information an applicant or permit holder needs to supply to have an application or notice received and to enable its evaluation in accordance with the Crown Minerals Act 1991.

Part 2 requires certain information to be supplied in royalty returns.

Part 3 requires prospecting and exploration permit holders to supply various records, reports, core and samples related to prospecting and exploration. The permit holders are also required to supply an annual statement of expenditure and an annual summary report of prospecting and exploration activities.

Schedule 1, Forms 1 to 6 are the prescribed forms for application under section 23 of the Act.

Form 7 is the prescribed form for a notice of surrender under section 40(1) of the Act.

Form 8 is the prescribed form for a notice to the District Land Register of an access arrangement under section 83 of the Act.

Form 9 is the prescribed form of a notice of appeal against an increase in the amount of bond or monetary deposit in respect of a coal mining right under section 109(3) of the Act.

Schedule 2 contains the annual royalty return form and final royalty return form required by regulations 23 and 24 respectively.


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

Date of notification in Gazette: 23 September 1999.


Crown Minerals (Minerals and Coal) Regulations 2007

(SR 2007/399)

At Wellington this 17th day of December 2007

Pursuant to section 105(1) of the Crown Minerals Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Crown Minerals (Minerals and Coal) Regulations 2007.

2 Commencement
  • These regulations come into force on 1 February 2008.

Part 5
Miscellaneous

Transitional provisions

54 Permit applications received but not determined before regulations commence
  • Despite regulation 53, the Crown Minerals (Minerals and Coal) Regulations 1999 continue to apply to the following matters as if these regulations had not been made:

    • (a) a permit application received by the Secretary but not determined before the commencement of these regulations:

    • (b) an application to change a permit (for example, an application to amend its conditions, or extend the land to which it relates) received by the Secretary but not determined before the commencement of these regulations.

55 Annual summary reports on prospecting and exploration
  • (1) Despite regulations 35 and 53,—

    • (a) regulation 29 of the Crown Minerals (Minerals and Coal) Regulations 1999 continues to apply for the purposes of completing the annual summary report on prospecting and exploration for the period ending 31 March 2008; and

    • (b) regulation 35 of these regulations is satisfied, for the purposes of the first annual summary report under that regulation, by a permit holder supplying to the Secretary a report that covers the period from 1 April 2008 to the annual anniversary of the commencement of the permit concerned.

    (2) For the avoidance of doubt, regulation 35 of these regulations applies, without modification, to any second and subsequent reports supplied by the permit holder.

56 Annual reports on expenditure on prospecting and exploration
  • (1) Despite regulations 37 and 53,—

    • (a) regulation 28 of the Crown Minerals (Minerals and Coal) Regulations 1999 continues to apply for the purposes of completing the annual summary report on prospecting and exploration for the period ending 31 March 2008; and

    • (b) regulation 37 of these regulations is satisfied, for the purposes of the first annual report under that regulation, by a permit holder supplying to the Secretary a report that covers the period from 1 April 2008 to the annual anniversary of the commencement of the permit concerned.

    (2) For the avoidance of doubt, regulation 37 of these regulations applies, without modification, to any second and subsequent reports supplied by the permit holder.

57 Permit holders electing to move to 2007 minerals programme
  • (1) This regulation applies to a permit holder who, under section 22(1) of the Act, desires that the 2007 minerals programme apply to the permit concerned instead of the relevant minerals programme.

    (2) For the purposes of calculating royalties in respect of the permit, the royalty regime in the 2007 minerals programme takes effect as from 1 January of the year following the permit holder's indication for the 2007 minerals programme to apply.

Rebecca Kitteridge,

for Clerk of the Executive Council.

Date of notification in Gazette: 20 December 2007.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Crown Minerals (Minerals and Coal) Regulations 1999. It incorporates all the amendments to the Crown Minerals (Minerals and Coal) Regulations 1999 as at 1 February 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Crown Minerals (Minerals and Coal) Regulations 2007 (SR 2007/399): regulation 53