Crown Minerals Act (Schedule 4) Order 2011

2011/310

Coat of Arms of New Zealand

Crown Minerals Act (Schedule 4) Order 2011

Jerry Mateparae, Governor-General

Order in Council

At Christchurch this 5th day of September 2011

Present:
The Right Hon John Key presiding in Council

Pursuant to section 61(4) of the Crown Minerals Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Energy and Resources and the Minister of Conservation, following consultation in accordance with section 61(5) of that Act, makes the following order.

Order

1 Title
  • This order is the Crown Minerals Act (Schedule 4) Order 2011.

2 Commencement
  • This order comes into force on the 28th day after the date of its notification in the Gazette.

3 Schedule 4 of Crown Minerals Act 1991 amended
  • Schedule 4 of the Crown Minerals Act 1991 is amended in the manner indicated in the Schedule of this order.


Schedule
Amendments to Schedule 4 of Crown Minerals Act 1991

cl 3

Clause 6

Omit Marine Reserves Act 1977 and substitute Marine Reserves Act 1971.

Clause 7

Omit Minister of Foreign Affairs and substitute Minister of Conservation (or any Minister previously responsible for such approval).

Clause 8

Repeal and substitute:

8
  • The area described in the Otahu Dedicated Area Notice 1976 (Gazette 25 March 1976, p 654):.

Clause 9

Repeal and substitute:

9
  • The area described in the Parakawai Geological Area Notice 1980 (Gazette 14 August 1980, p 2408):.

Clause 13

Insert after paragraph (a):

  • (ab) Horoirangi Marine Reserve (SR 2005/323):.

Insert after paragraph (e):

  • (ea) Parininihi Marine Reserve (SR 2006/282):.

Insert after paragraph (g):

  • (ga) Tapuae Marine Reserve (SR 2008/96):

  • (gb) Taputeranga Marine Reserve (SR 2008/226):.

Insert after paragraph (j):

  • (ja) Te Paepae o Aotea (Volkner Rocks) Marine Reserve (SR 2006/281):.

Add:

  • (q) Whangarei Harbour Marine Reserve (SR 2006/283).

Clause 15

Insert before paragraph (a):

  • (aa) Abel Tasman National Park additions (Gazette 21 February 2008, p 722):.

Insert after paragraph (a):

  • (ab) Egmont National Park additions (Gazette 1 June 2000, p 1297):.

Insert after paragraph (e):

  • (ea) Paparoa National Park northwestern addition (Gazette 28 March 2002, p 807, Area “B” shown on SO 302281 (formerly part Section 1, SO 15152)):.

Clause 17

Insert before paragraph (a):

  • (aa) the scientific reserve at Burwood in the Southland District (Gazette 20 March 1997, p 650):

  • (aab) the nature reserve in Dunedin City (Gazette 16 August 2007, p 2401):

  • (aac) Ianthe Scientific Reserve (Gazette 28 March 2002, p 808):

  • (aad) the scenic reserve at Kaikoura Island in Auckland City (Gazette 11 November 2004, p 3688):.

Insert after paragraph (a):

  • (ab) Rakitu Island Scenic Reserve (Gazette 2 November 1995, p 4265):.

Rebecca Kitteridge,
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, which comes into force on the 28th day after the date of its notification in the Gazette, amends Schedule 4 of the Crown Minerals Act 1991 (the Act) by inserting descriptions of Crown land and internal waters to which section 61(1A) of the Act applies. This amendment means that the land and internal waters cannot be accessed for mineral-related activities, except in relation to those activities specified in section 61(1A)(a) to (e).

Section 61(1A) prohibits the Minister of Conservation from accepting any application for an access arrangement, and from entering into any access arrangement relating to any Crown owned mineral in any Crown owned land or internal waters described in Schedule 4 of the Act. Without this prohibition, the Minister would be entitled, under section 61(1), to enter into such access arrangements.

The amendments to clauses 6 to 9 correct minor errors in the schedule.


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

Date of notification in Gazette: 8 September 2011.

This order is administered by the Ministry of Economic Development.