Crown Minerals (Petroleum Fees) Regulations 2006

Reprint
as at 12 December 2014

Coat of Arms of New Zealand

Crown Minerals (Petroleum Fees) Regulations 2006

(SR 2006/227)

Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 22nd day of August 2006

Present:
The Right Hon Helen Clark presiding in Council


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.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to section 105(1)(i), (j), and (k) of the Crown Minerals Act 1991, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Crown Minerals (Petroleum Fees) Regulations 2006.

2 Commencement
  • These regulations come into force on 22 September 2006.

3 Application of regulations
  • (1) These regulations do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Fees) Regulations 1991 or the Crown Minerals (Minerals Fees) Regulations 2006.

    (2) These regulations apply to—

    • (a) all applications made under the Act for permits for petroleum; and

    • (b) all permits that relate to petroleum; and

    • (c) all holders of permits that relate to petroleum.

4 Interpretation
  • (1) In these regulations—

    old regulations means the Crown Minerals (Petroleum Fees) Regulations 1993

    year means a period of 12 months beginning on 1 July and ending with 30 June.

    (2) Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

4A Transitional provisions
  • The transitional provisions set out in Schedule 1 have effect according to their terms.

    Regulation 4A: inserted, on 12 December 2014, by regulation 4 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Part 1
Annual fees

  • Part 1 heading: replaced, on 12 December 2014, by regulation 5 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

5 Application
  • Subject to clause 1 of Schedule 1, the annual fees in this Part apply to—

    • (a) any year beginning on or after 1 July 2007; and

    • (b) any permit granted or extended under section 35A or 36 of the Act, on or after 22 September 2006.

    Regulation 5: amended, on 12 December 2014, by regulation 6(1) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

    Regulation 5(b): amended, on 12 December 2014, by regulation 6(2) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

6 Annual fee payable under prospecting permits
  • (1) The annual fee payable under a prospecting permit (other than a non-exclusive prospecting permit) is $1 per square kilometre or part of a square kilometre.

    (2) The annual fee payable under a non-exclusive prospecting permit is $50,000.

    Regulation 6: replaced, on 12 December 2014, by regulation 7 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

7 Annual fee payable under exploration permits
  • The annual fee payable under an exploration permit is $10.73 per square kilometre or part of a square kilometre.

    Regulation 7: amended, on 12 December 2014, by regulation 8 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

8 Annual fee payable under mining permits
  • The annual fee payable under a mining permit is $102.22 per square kilometre or part of a square kilometre.

    Regulation 8: amended, on 12 December 2014, by regulation 9 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

9 Annual fee payable under extension of duration of exploration permit for appraisal work
  • The annual fee payable under an extension of the duration of an exploration permit for appraisal work under section 35A of the Act is $10.73 per square kilometre or part of a square kilometre.

    Regulation 9: amended, on 12 December 2014, by regulation 10(1) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

    Regulation 9: amended, on 12 December 2014, by regulation 10(2) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

10 When annual fee payable
  • The annual fees payable under regulations 6 to 9 are payable annually within 30 days after 1 July.

11 Special rules for annual fees payable in respect of permits granted or renewed during year
  • Despite regulations 6 to 10,—

    • (a) if the permit in respect of which the fee is payable is granted during the year,—

      • (i) the first payment of the annual fee must be made within 30 days after the date on which the permit is granted; and

      • (ii) the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the permit is granted; and

    • (b) if the extension of the duration of the permit in respect of which the fee is payable is granted during the year,—

      • (i) the first payment of the annual fee must be made within 30 days after the date on which the extension is granted; and

      • (ii) the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the extension is granted.

Part 2
Fees other than annual fees

12 Application
  • The fees in this Part apply in respect of every matter specified in Schedule 2 that occurs after the date of commencement of these regulations.

    Regulation 12: amended, on 12 December 2014, by regulation 11 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

13 Application fees and monetary deposit or bond
  • The application fees and monetary deposit or bond specified in Schedule 2 of these regulations are prescribed as the fees and deposit or bond payable in respect of the matters specified in that schedule.

    Regulation 13: amended, on 12 December 2014, by regulation 12 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Part 3
Transitional provisions for additional annual fees and for refunds for certain permits for year beginning on 1 July 2006

[Revoked]

  • Part 3: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Additional annual fees

[Revoked]

  • Heading: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

14 2006/07 additional fee payable under exploration permit
  • [Revoked]

    Regulation 14: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

15 When 2006/07 additional fee is payable
  • [Revoked]

    Regulation 15: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Refunds

[Revoked]

  • Heading: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

16 Partial refund of annual fees paid under mining permits
  • [Revoked]

    Regulation 16: revoked, on 12 December 2014, by regulation 13 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Part 4
Miscellaneous

17 Refund of application fees
  • (1) Application fees paid under the Act are not refundable on the withdrawal, rejection, or refusal of the application, except with the approval of the Minister.

    (2) The Minister may approve the refund of the total fee or part of the fee where the Minister considers that exceptional circumstances warrant the payment of a refund.

    (3) For the avoidance of doubt, subclause (1) does not apply to a deposit or bond paid with an application for a permit.

18 GST included
  • The fees prescribed by these regulations are inclusive of goods and services tax.

19 Revocation and saving
  • [Revoked]

    Regulation 19: revoked, on 12 December 2014, by regulation 14 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).


Schedule 1
Transitional provisions

r 4A

  • Schedule 1: replaced, on 12 December 2014, by regulation 15 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Transitional provisions relating to amendments taking effect after 11 December 2014

1 New annual fees for prospecting permits take effect after 11 December 2014
  • Despite regulation 5, the annual fees payable under regulation 6 take effect after 11 December 2014.

2 Amount payable if outstanding debt for annual fee for 2014/15 year
  • (1) This clause applies to a prospecting permit for which there is, on 12 December 2014, an outstanding debt for an annual fee amount.

    (2) The annual fee for the year beginning 1 July 2014 is deemed to be paid if the new annual fee is paid.

    (3) In this clause and clause 3,—

    annual fee amount means an amount that is all or part of the annual fee for the year beginning 1 July 2014

    new annual fee means the amount payable had the annual fee for the year beginning 1 July 2014 been calculated in accordance with regulation 6 (as in force after 11 December 2014).

3 Partial refund of annual fees for prospecting permits for 2014/15 year
  • (1) This clause applies to a prospecting permit for which an annual fee amount has been paid before 12 December 2014.

    (2) The chief executive must refund the difference between—

    • (a) the annual fee amount paid; and

    • (b) the new annual fee.

    (3) The chief executive must pay the refund on or before 31 March 2015.

    (4) To avoid doubt, no refund is payable if the annual fee amount paid is less than the new annual fee.

Schedule 2
Application fees and monetary deposit or bond payable

rr 12, 13

  • Schedule 2: inserted, on 12 December 2014, by regulation 15 of the Crown Minerals (Petroleum Fees) Amendment Regulations 2014 (LI 2014/382).

Fees payable on application$
Prospecting permit6,133.33
Exploration permit6,133.33
Mining permit25,555.55
Extension of duration of exploration permit under section 36 of the Act2,555.55
Extension of duration of exploration permit under section 35A of the Act14,311.11
Any application under section 36 of the Act (other than an application to extend the duration of an exploration permit)2,555.55
Application for Minister’s consent under section 41, 41B, or 41C of the Act1,022.22
Deposit or bond payable with application for permit 
Deposit or bond250,000

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 August 2006.


Reprints notes
1 General
  • This is a reprint of the Crown Minerals (Petroleum Fees) Regulations 2006 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint