Crown Minerals (Petroleum) Amendment Regulations 2013

Reprint
as at 23 May 2013

Coat of Arms of New Zealand

Crown Minerals (Petroleum) Amendment Regulations 2013

(SR 2013/127)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 22nd day of April 2013

Present:
The Right Hon John Key presiding 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.

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


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.

Contents

1 Title

2 Commencement

3 Principal regulations

4 Regulation 3 amended (Interpretation)

5 Regulation 5 amended (Definition of turning points)

6 Part 1 heading replaced

7 Regulation 6 amended (Signing of documents)

8 Regulations 7 to 9 and cross-heading above regulation 8 replaced

9 Regulation 10 replaced (Headers for digital seismic survey data)

10 Regulations 11 and 12 revoked

11 Cross-heading above regulation 13 revoked

12 Regulation 13 amended (Permit holder may apply for extension of time within which document or thing must be provided)

13 Regulation 14 amended (Permit holder may apply for exemption from requirement to provide document or thing)

14 Regulation 15 and cross-heading revoked

15 Cross-heading above regulation 16 revoked

16 Regulation 16 amended (Prescribed information for purposes of section 90A(1) of Act)

17 Regulation 17 amended (Application for prospecting permit)

18 Regulation 18 revoked (Application for exploration permit (unless allocated by public tender))

19 Regulation 19 amended (Application for mining permit (unless allocated by public tender))

20 Regulation 20 amended (Application to extend area to which permit relates)

21 Regulation 21 amended (Application to extend duration of exploration permit (unless for purpose of discovery appraisal))

22 Regulation 22 amended (Application to extend duration of exploration permit for purpose of discovery appraisal)

23 Regulation 23 amended (Application to extend duration of mining permit)

24 Regulation 24 replaced (Application for permit holder to transfer, lease, or otherwise deal with permit)

25 Regulation 26 amended (Application for consent to flare or vent petroleum)

26 Regulation 29 amended (Notice of surrender of permit)

27 Regulation 30 amended (Notice of access arrangement)

28 Regulation 31 amended (Notice of intention to carry out geochemical, gravity, magnetic, or seismic survey)

29 Regulation 32 amended (Notice of intention to carry out well-drilling operations)

30 Regulation 33 amended (Notice of completion of well producing, or associated with producing, petroleum)

31 Regulation 34 amended (Notice of suspension of well-drilling operations)

32 New regulations 34A to 34E inserted

33 Regulation 35 amended (Well-drilling operations to be carried out in accordance with recognised good exploration and mining practice)

34 Regulation 36 amended (Permit holder must avoid wasting petroleum resources)

35 Regulations 38 to 43 and cross-headings replaced

36 Regulation 44 amended (Reports on surveys)

37 New regulations 45A and 45B inserted

38 Regulation 46 amended (Well completion report)

39 Regulation 47 amended (Well abandonment report)

40 Regulation 48 amended (Core analysis report)

41 Regulation 49 amended (Drill cuttings)

42 Regulation 50 amended (Core samples (other than sidewall core samples))

43 New regulation 51A inserted (Application of regulations 50 and 51 to coal seam gas operations)

44 Regulation 53 amended (Oil samples)

45 New regulation 53A inserted (Reports relating to royalties)

46 Parts 5 and 6 replaced

47 References to Secretary replaced

48 Schedule 1 revoked

49 Schedule 2 replaced

50 Schedule 3 amended

51 Schedule 4 amended

52 Schedule 6 amended

53 Schedule 8 amended

54 Schedule 9 revoked

Schedule
Schedule 2 replaced


Regulations

1 Title
  • These regulations are the Crown Minerals (Petroleum) Amendment Regulations 2013.

2 Commencement
  • These regulations come into force on 24 May 2013.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(1), revoke the definitions of accounting profits royalty, ad valorem royalty, half-year, net sales revenue, and quarter-year.

    (2) In regulation 3(1), insert in their appropriate alphabetical order:

    calendar year means a period of 12 months ending with 31 December

    form prescribed by the chief executive includes, where applicable, also in the manner prescribed by the chief executive

    Petroleum Resources Management System means the system of that name developed and published by the Society of Petroleum Engineers and available on the Society's Internet site.

    (3) After regulation 3(1), insert:

    • (1A) For the purposes of these regulations, a discovery is established in the circumstances where there are significant moveable hydrocarbons present in the drilling column resulting from exploration or appraisal well-drilling, or well-stimulation, and the moveable hydrocarbons are related to a subsurface deposit that can be established through testing, sampling, or logging.

5 Regulation 5 amended (Definition of turning points)
  • After regulation 5(2), insert:

    • (3) For the purposes of these regulations, turning points must be rounded to the nearest minute.

6 Part 1 heading replaced
  • Replace the Part 1 heading with Matters relating to documents and other required information.

7 Regulation 6 amended (Signing of documents)
  • Replace regulation 6(2) with:

    • (2) A document required to be signed by a permit holder under these regulations must, if the permit holder comprises 2 or more permit participants, be signed by—

      • (a) each permit participant; or

      • (b) a person authorised to sign on behalf of each permit participant.

8 Regulations 7 to 9 and cross-heading above regulation 8 replaced
  • Replace regulations 7 to 9 and the cross-heading above regulation 8 with:

    7 Form of documents if not prescribed by chief executive
    • (1) This regulation applies if any information, document, or other thing must be provided in a form prescribed by the chief executive and no such form has been prescribed.

      (2) The information, document, or other thing must nevertheless be provided in a form and in a manner acceptable to the chief executive.

    Regulation 8: replaced, on 23 May 2013, by regulation 4 of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

9 Regulation 10 replaced (Headers for digital seismic survey data)
  • Replace regulation 10 with:

    10 Headers for digital seismic survey data
    • Digital data collected from any seismic survey must include in the headers—

      • (a) the survey name:

      • (b) the line name for two-dimensional surveys or in-line range for three-dimensional surveys:

      • (c) the date the data was acquired:

      • (d) the acquisition company (including the name of the vessel or crew) and the acquisition parameters of the survey:

      • (e) the processing information, including—

        • (i) the processing sequence; and

        • (ii) the time correction; and

        • (iii) the gain curve; and

        • (iv) the bandpass filter; and

        • (v) the polarity and phase:

        • (vi) the details of the legal person (not an individual) that undertook the processing:

        • (vii) the year of processing:

        • (viii) the seismic reference datum:

        • (ix) the data type (stack or gather):

      • (f) the projection, datum, spheroid, and co-ordinate units:

      • (g) the sample interval:

      • (h) the shot-to-trace relationship for two-dimensional surveys:

      • (i) the trace length:

      • (j) the trace header format:

      • (l) for two-dimensional data, the trace header byte locations for shot points, common depth points, or station locations, and the X and Y co-ordinate locations:

      • (k) for three-dimensional data, the trace header byte locations for in-line and crossline numbers, and the X and Y co-ordinate locations:

      • (m) for three-dimensional surveys, the corner points:

      • (n) if data was processed, how it was processed.

10 Regulations 11 and 12 revoked
11 Cross-heading above regulation 13 revoked
12 Regulation 13 amended (Permit holder may apply for extension of time within which document or thing must be provided)
13 Regulation 14 amended (Permit holder may apply for exemption from requirement to provide document or thing)
14 Regulation 15 and cross-heading revoked
15 Cross-heading above regulation 16 revoked
16 Regulation 16 amended (Prescribed information for purposes of section 90A(1) of Act)
  • (1) In the heading to regulation 16, replace section 90A(1) with section 90B(1).

    (2) In regulation 16, replace clauses 17 and 18 of Part 2 of Schedule 6 is prescribed information for the purposes of section 90A(1) with items 1, 17, 18, 21, and 23 of Part 2 of Schedule 6 is prescribed information for the purposes of section 90B(1).

17 Regulation 17 amended (Application for prospecting permit)
  • In regulation 17(1), replace section 23(1) of the Act for a prospecting permit must be in form 1 of Schedule 1 with section 23A of the Act for a prospecting permit must be in the form prescribed by the chief executive.

18 Regulation 18 revoked (Application for exploration permit (unless allocated by public tender))
19 Regulation 19 amended (Application for mining permit (unless allocated by public tender))
  • (1) In regulation 19(1), replace section 23(1) of the Act for a mining permit must be in form 1 of Schedule 1 with section 23A of the Act for a mining permit must be in the form prescribed by the chief executive.

    (2) Replace regulation 19(2) with:

    • (2) The application must be accompanied by—

      • (a) the prescribed fee or evidence that it has been paid; and

      • (b) the information described in Part 2 of Schedule 2.

20 Regulation 20 amended (Application to extend area to which permit relates)
  • (1) Replace regulation 20(1)(c) and (d) with:

    • (c) a report that includes the information described in—

      • (i) subpart 1 of Part 3 of Schedule 2, if the application is to extend the area of land to which a permit relates following a discovery; or

      • (ii) subpart 2 of Part 3 of Schedule 2, if the application is to extend the area of land for an exploration permit and no discovery has been made.

    (2) Revoke regulation 20(3).

21 Regulation 21 amended (Application to extend duration of exploration permit (unless for purpose of discovery appraisal))
22 Regulation 22 amended (Application to extend duration of exploration permit for purpose of discovery appraisal)
23 Regulation 23 amended (Application to extend duration of mining permit)
24 Regulation 24 replaced (Application for permit holder to transfer, lease, or otherwise deal with permit)
  • Replace regulation 24 with:

    24 Application and notices to transfer, deal with, etc, permit
    • (1) This regulation applies to the following applications and notices:

      • (a) an application to transfer all or part of a participating interest in a permit under section 41 of the Act:

      • (b) a notice of change of control of a permit participant or a guarantor under section 41A of the Act:

      • (c) an application for consent to a dealing with the permit under section 41B of the Act:

      • (d) an application for consent to a change of permit operator under section 41C of the Act.

      (2) An application or a notice must—

      • (a) be signed by the permit holder or permit participant, as the case may be; and

      • (b) be in the form prescribed by the chief executive.

      (3) The application or notice must be accompanied by—

      • (a) the prescribed fee or evidence of it having been paid; and

      • (b) the information required under section 41, 41A, 41B, or 41C of the Act, as the case may be.

      (4) The application or notice and accompanying material must be lodged with the chief executive.

    Regulation 24: replaced, on 23 May 2013, by regulation 5 of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

25 Regulation 26 amended (Application for consent to flare or vent petroleum)
  • Replace regulation 26(2)(d) with:

    • (d) the effect of any flaring restriction on the net present value of a development option using a discount rate of 3%; and

    • (da) the effect of any flaring restriction on the net present value of a development option using a discount rate of 10%; and

    • (db) a statement of the value of the information to be derived from well-testing operations in terms of design of development plans that will maximise economic recovery; and.

26 Regulation 29 amended (Notice of surrender of permit)
  • In regulation 29(1), replace form 2 of Schedule 1 with the form prescribed by the chief executive.

27 Regulation 30 amended (Notice of access arrangement)
  • In regulation 30(a), replace form 4 of Schedule 1 with the form prescribed by the chief executive.

28 Regulation 31 amended (Notice of intention to carry out geochemical, gravity, magnetic, or seismic survey)
  • (1) Replace regulation 31(2)(a) with:

    • (a) be given at least 15 working days before the survey commences or (if that is not possible) be given as soon as practicable before the survey commences together with the reasons for the non-compliance with the notice period; and.

    (2) After regulation 31(2), insert:

    • (3) At least 3 months before undertaking the proposed survey or (if that is not possible) as soon as practicable before the survey commences, the permit holder must provide to the chief executive the proposed or preferred name for the survey.

    • (4) If the chief executive considers that a name provided under subclause (3) is the same as or substantially similar to an existing survey name, the chief executive may require the permit holder to provide a new name.

    • (5) A permit holder must comply with a request under subclause (4) before the survey commences.

29 Regulation 32 amended (Notice of intention to carry out well-drilling operations)
  • (1) Replace regulation 32(2)(a) with:

    • (a) be given at least 15 working days before the well-drilling operations commence or (if that is not possible) be given as soon as practicable before the well-drilling operations commence together with the reasons for the non-compliance with the notice period; and.

    (2) After regulation 32(2), insert:

    • (3) At least 3 months before undertaking the proposed well-drilling operations or (if that is not possible) as soon as practicable before the well-drilling commences, the permit holder must provide to the chief executive the proposed or preferred name of the well.

    • (4) If the chief executive considers that a name provided under subclause (3) is the same as or substantially similar to an existing well name, the chief executive may require the permit holder to provide a new name.

    • (5) A permit holder must comply with a request under subclause (4) before the well-drilling operations commence.

30 Regulation 33 amended (Notice of completion of well producing, or associated with producing, petroleum)
  • In regulation 33(1), after as soon as practicable, insert and not later than 20 working days.

31 Regulation 34 amended (Notice of suspension of well-drilling operations)
  • In regulation 34(1), after as soon as practicable, insert and not later than 20 working days.

32 New regulations 34A to 34E inserted
  • After regulation 34, insert:

    34A Notice of discovery
    • (1) A permit holder must give the chief executive notice of the discovery of a hydrocarbon accumulation as soon as practicable and not later than 20 working days after the date of the discovery.

      (2) A notice of discovery must—

      • (a) identify the well concerned by name and number; and

      • (b) provide the depth of discovery and the interpreted formation the discovery was made in; and

      • (c) provide gross and net pay of the discovery in total vertical depth; and

      • (d) identify the nature of the hydrocarbons discovered; and

      • (e) provide interpreted porosity, permeability, and water saturation for the discovery formation; and

      • (f) if interpreted, provide the column height for the discovery formation.

      (3) For the purposes of this regulation, significant moveable hydrocarbons exist for the purposes of a discovery if there is evidence of a sufficient quantity of petroleum to justify further appraisal activities.

    34B Notices of well-stimulation operations
    • (1) A permit holder must give the chief executive notice of the commencement of well-stimulation operations (including hydraulic fracturing) at least 10 working days or (if that is not possible) as soon as practicable before the operations commence.

      (2) A notice of commencement of well-stimulation operations must—

      • (a) identify the well concerned by name and number; and

      • (b) provide the name of the legal person (not an individual) that will be conducting the work; and

      • (c) state the purpose of the operations; and

      • (d) provide full details of the method of stimulation and the equipment to be used; and

      • (e) if the notice is provided less than 10 working days before the well-stimulation operations commence, be accompanied by the reasons for the non-compliance with the notice period.

      (3) A permit holder must give the chief executive notice of the conclusion of well-stimulation operations as soon as practicable and not later than 10 working days after the date on which the operations concluded.

      (4) A notice of conclusion of well-stimulation operations must—

      • (a) identify the well concerned by name and number; and

      • (b) confirm who conducted the operations; and

      • (c) confirm the method of stimulation and equipment used in the operations; and

      • (d) include a statement of the outcome of the operations.

      (5) In this regulation, well-stimulation operations means any operation performed on a hydrocarbon reservoir in order to restore or enhance the reservoir's productive potential by improving the flow of hydrocarbons into the well bore.

    34C Notices of well-workover operations
    • (1) A permit holder must give the chief executive notice of the commencement of well-workover operations at least 10 working days or (if that is not possible) as soon as practicable before the operations commence.

      (2) A notice of commencement of well-workover operations must—

      • (a) state the purpose of the workover operations; and

      • (b) identify the well concerned by name and number; and

      • (c) provide the name of the legal person (not an individual) that will be conducting the operations; and

      • (d) if the notice is provided less than 10 working days before the well-workover operations commence, be accompanied by the reasons for the non-compliance with the notice period.

      (3) A permit holder must give the chief executive notice of the conclusion of well-workover operations as soon as practicable and not later than 10 working days after the date on which the operations conclude.

      (4) A notice of conclusion of well-workover operations must—

      • (a) identify the well concerned by name and number; and

      • (b) include a statement of the outcome of the operations.

      (5) In this regulation, well-workover operations means 1 or more operations performed on a well in order to induce or increase production, but does not include well-stimulation operations (as defined in regulation 34B(5).

    34D Notices of well-testing operations
    • (1) A permit holder must give the chief executive notice of the commencement of well-testing operations at least 10 working days or (if that is not possible) as soon as practicable before the operations commence.

      (2) A notice of commencement of well-testing operations must—

      • (a) identify the well concerned by name and number; and

      • (b) provide the name of the legal person (not an individual) that will be conducting the operations; and

      • (c) state the purpose of the operations; and

      • (d) provide full details of the method of testing and the equipment to be used; and

      • (e) if the notice is provided less than 10 working days before the well-testing operations commence, be accompanied by the reasons for the non-compliance with the notice period.

      (3) A permit holder must give the chief executive notice of the conclusion of well-testing operations as soon as practicable but no later than 10 working days after the date on which the operations conclude.

      (4) A notice of conclusion of well-testing operations must—

      • (a) identify the well concerned by name and number; and

      • (b) include a statement of the outcome of the operations.

      (5) In this regulation, well-testing operations means any activity undertaken on an exploration or appraisal well in order to evaluate a well's production capability or reservoir characterisation, or both, in relation to a discovery.

    34E Notice of abandonment of well
    • A permit holder must give the chief executive notice of the abandonment of a well before the abandonment operation commences.

33 Regulation 35 amended (Well-drilling operations to be carried out in accordance with recognised good exploration and mining practice)
  • In regulation 35, replace recognised good exploration and mining practice with good industry practice.

34 Regulation 36 amended (Permit holder must avoid wasting petroleum resources)
  • In regulation 36, replace recognised good exploration and mining practice with good industry practice.

35 Regulations 38 to 43 and cross-headings replaced
  • Replace regulations 38 to 43 and the cross-headings above regulations 38 and 41 with:

    Annual reports

    38 Annual report on prospecting or exploration activities
    • (1) A permit holder must supply to the chief executive, not later than 31 March after the close of each calendar year, a report on any prospecting or exploration activities that have taken place under the permit during that year.

      (2) The report must—

      • (a) be in the form prescribed by the chief executive; and

      • (b) include a summary of as much of the information described in Part 1 of Schedule 6 as is applicable to the permit in that year; and

      • (c) provide the information required in relation to item 6 of Part 1 of Schedule 6 in accordance with the Petroleum Resources Management System.

      (3) The first report supplied under subclause (1) must relate to the calendar year ending 31 December 2013.

    39 Annual report on mining activities and production operations
    • (1) A permit holder must supply to the chief executive, not later than 31 March after the close of each calendar year, a report on any mining activities and production operations that have taken place under the permit during that year.

      (2) The report must—

      • (a) be in the form prescribed by the chief executive; and

      • (b) subject to subclause (3), include the information described in Part 2 of Schedule 6.

      • (c) [Revoked]

      (3) The status report required in relation to item 18 of Part 2 of Schedule 6 must—

      • (a) be provided in accordance with the Petroleum Resources Management System; and

      • (b) be certified by the permit operator or, if the permit operator is a company, a director of the company.

      (4) In this regulation, production operations means the activities associated with a well, including those that are undertaken for the purposes of testing, appraising, monitoring, recovering, injecting petroleum or other fluids (including gases), or flaring or venting.

      (5) The first report supplied under subclause (1) must relate to the calendar year ending 31 December 2013.

    40 Annual report on underground gas storage facilities
    • (1) A permit holder must supply to the chief executive, not later than 31 March after the close of each calendar year, a report on the operation of any underground gas storage facility that has taken place under the permit during that year.

      (2) The report must—

      • (a) be in the form prescribed by the chief executive; and

      • (b) include the information described in items 1 to 6, 8 to 10, 12 to 16, 19 to 21, and 23 of Part 2 of Schedule 6.

      (3) The first report supplied under subclause (1) must relate to the calendar year ending 31 December 2013.

    41 Annual report on expenditure
    • (1) A permit holder must supply to the chief executive, not later than 31 March after the close of each calendar year, a report on the expenditure incurred under the permit concerned during that year.

      (2) The report must—

      • (a) be supplied in the form prescribed by the chief executive; and

      • (b) include the reference number of the permit concerned; and

      • (c) include the particulars of the permit holder; and

      • (d) include the annual expenditure incurred for each of the matters described in Part 3 of Schedule 6.

      (3) The first report supplied under subclause (1) must relate to the calendar year ending 31 December 2013.

    Reports and other documents on expiry, surrender, or revocation of permits

    42 Reports and other documents on expiry or surrender of permit
    • (1) Subclause (2) applies to a permit holder if—

      • (a) the permit concerned expires in accordance with section 35 of the Act; or

      • (b) the permit holder applies to surrender the permit under section 40(1) of the Act.

      (2) The permit holder must supply to the chief executive—

      • (a) all data, reports, and other documents on any activity under the permit that was begun, but not completed, before the permit expired or was surrendered and that the permit holder would have had to supply to the chief executive under these regulations had the activity been completed; and

      • (b) a copy of all reports, records, and maps that relate to plays, leads, or prospects identified by the permit holder during the holder's tenure of the permit.

      (3) The documents required by subclause (2) must be supplied not later than 40 working days after the permit expires or is surrendered.

      (4) To avoid doubt, this regulation does not apply to a permit holder if only a part of the permit is surrendered.

    43 Reports and other documents required on revocation of permit
    • (1) Subclause (2) applies to a permit holder if the permit concerned is revoked under section 39 of the Act.

      (2) The permit holder must supply to the chief executive—

      • (a) all data, reports, and other documents on any activity under the permit that was begun, but not completed, before the permit was revoked and that the permit holder would have had to supply to the chief executive under these regulations had the activity been completed before the permit was revoked; and

      • (b) a copy of all reports, records, and maps that relate to plays, leads, or prospects identified by the permit holder during the holder’s tenure of the permit.

      (3) The documents required by subclause (2) must be supplied not later than 40 working days after the permit is revoked.

    43A Reports and other documents required if permit area partially surrendered or relinquished
    • (1) Subclause (2) applies to a permit holder if the permit holder—

      • (a) applies to surrender part of the permit under section 40(1) of the Act or as otherwise required by the conditions of the permit; or

      • (b) relinquishes part of the permit area by operation of any of sections 35A to 35C of the Act.

      (2) The permit holder must supply to the chief executive a list of the documents required to be supplied to the chief executive under these regulations, and indicate the documents that relate to—

      • (a) the entire permit area:

      • (b) the permit area surrendered or relinquished:

      • (c) the permit area retained.

      (3) The permit holder must also supply to the chief executive a copy of all reports, records, and maps that relate to plays, leads, or prospects identified by the permit holder during the holder’s tenure of the partially surrendered or relinquished permit area.

      (4) If the permit holder has acquired data that covers both the retained permit area and the partially surrendered or relinquished permit area, the permit holder must supply to the chief executive the information required under subclause (2) that relates only to the partially surrendered or relinquished permit area.

      (5) The reports and other documents required by this regulation must be supplied not later than 40 working days after the permit area is partially surrendered or relinquished.

      (6) For the purposes of this regulation, a permit is relinquished in relation to any land if—

      • (a) the land is excluded from the permit by the operation of any of sections 35A to 35C of the Act or the permit; or

      • (b) the relevant part of the permit is surrendered under section 40 of the Act or otherwise required by the conditions of the permit.

    Regulation 35: amended, on 23 May 2013, by regulation 6(1) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 35: amended, on 23 May 2013, by regulation 6(2) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 35: amended, on 23 May 2013, by regulation 6(3) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 35: amended, on 23 May 2013, by regulation 6(4) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 35: amended, on 23 May 2013, by regulation 6(5) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 35: amended, on 23 May 2013, by regulation 6(6) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

36 Regulation 44 amended (Reports on surveys)
37 New regulations 45A and 45B inserted
  • After regulation 45, insert:

    45A Daily well-workover report
    • (1) A permit holder must supply to the chief executive a daily report on well-workover operations as soon as practicable after the expiry of the 24-hour period to which the report relates.

      (2) A daily well-workover report must include as much of the information described in Part 1 of Schedule 8 as is practicable to include.

    45B Daily well-testing report
    • (1) A permit holder must supply to the chief executive a daily report on well-testing operations as soon as practicable after the expiry of the 24-hour period to which the report relates.

      (2) A daily well-testing report must include as much of the information described in Part 1 of Schedule 8 as is practicable to include.

38 Regulation 46 amended (Well completion report)
  • (1) In the heading to regulation 46, after report, insert and well-stimulation and testing activities report.

    (2) In regulation 46(1), replace 120 with 240.

    (3) In regulation 46(3)(b), replace 120 with 240.

    (4) After regulation 46(3), insert:

    • (4) A permit holder must also supply to the chief executive a well-stimulation and testing activities report not later than 240 working days after the activities cease.

    • (5) A well-stimulation and testing activities report must include—

      • (a) the systems used; and

      • (b) the aims and outcomes of the testing and stimulation carried out; and

      • (c) any fluids and substances used and the amounts of each; and

      • (d) all reports previously submitted under these regulations for this activity; and

      • (e) the results and conclusions from these activities.

39 Regulation 47 amended (Well abandonment report)
40 Regulation 48 amended (Core analysis report)
41 Regulation 49 amended (Drill cuttings)
  • (1) In regulation 49(6)(a), replace measuring 130 × 200 mm with weighing at least 500 grams.

    (2) In regulation 49(6)(b), replace measuring 80 × 120 mm with weighing at least 100 grams.

42 Regulation 50 amended (Core samples (other than sidewall core samples))
  • In regulation 50(1), after 120, insert working.

    Regulation 42 heading: amended, on 23 May 2013, by regulation 7 of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

43 New regulation 51A inserted (Application of regulations 50 and 51 to coal seam gas operations)
  • After regulation 51, insert:

    51A Application of regulations 50 and 51 to coal seam gas operations
    • Despite regulations 50 and 51, a permit holder for a coal seam gas drilling operation must supply the core samples and sidewall core samples required under those regulations only in the following circumstances:

      • (a) the well concerned is being drilled as part of the coal seam gas drilling operation; and

      • (b) the well encounters a reservoir formation interval; and

      • (c) the well is—

        • (i) the first well drilled as part of the drilling programme for the operation that has encountered a reservoir formation interval; or

        • (ii) the well is more than 2 km from the first well drilled as part of the drilling programme that has encountered a reservoir formation interval.

    Regulation 43: replaced, on 23 May 2013, by regulation 8 of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

44 Regulation 53 amended (Oil samples)
  • (1) In regulation 53(1), replace 120 with 40.

    (2) After regulation 53(1), insert:

    • (1A) If condensate is retrieved from formation testing of a well and condensate samples can be packaged at surface temperature and pressure, the permit holder must supply to the chief executive representative samples of the condensate not later than 40 working days after the condensate is retrieved.

45 New regulation 53A inserted (Reports relating to royalties)
  • After section 53, insert:

    53A Reports relating to royalties
    • A permit holder must comply with the reporting requirements of the Crown Minerals (Royalties for Petroleum) Regulations 2013 (which include reporting requirements for the calculation and payment of royalties in relation to a permit).

46 Parts 5 and 6 replaced
  • Replace Parts 5 and 6 with:

    Part 5
    Miscellaneous

    54 Publication of information supplied to chief executive
    • (1) The chief executive may, but is not obliged to, publish all or any of the information described in item 6 of Part 1 of Schedule 6 and items 1, 17, and 18 (other than 18(e)), 21, and 23 of Part 2 of Schedule 6.

      (2) Information published under this regulation may be—

      • (a) information provided to the chief executive under these regulations; or

      • (b) information generated or compiled by the chief executive from information provided to him or her under these regulations.

    55 Transitional provision
    • No permit holder is required to comply with the obligation to provide a half-year report for the period 1 January to 30 May 2013 imposed by the principal regulations before the commencement of the Crown Minerals (Petroleum) Amendment Regulations 2013.

    Regulation 46: amended, on 23 May 2013, by regulation 9 of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

47 References to Secretary replaced
48 Schedule 1 revoked
49 Schedule 2 replaced
50 Schedule 3 amended
  • (1) In the Schedule 3 heading, replace r 19(2)(e)(ii) with item 4 of Part 2 of Schedule 2.

    (2) In Schedule 3, item 7(e)(i), replace gas, condensate, and oil with gas (methane and ethane), liquefied petroleum gas (propane and butane), condensate (C5+), and oil.

    (3) In Schedule 3, item 8(b), after including, insert (with any estimates made in accordance with the Petroleum Resources Management System).

    (4) In Schedule 3, item 8(b)(ii), replace oil, gas, and condensate with oil, gas (methane and ethane), liquefied petroleum gas (propane and butane), and condensate (C5+).

    (5) In Schedule 3, replace item 8(b)(iii) with:

    • (iii) oil initially in place; and

    • (iv) gas initially in place; and.

    (6) In Schedule 3, item 8(d), after models, insert ; and.

    (7) In Schedule 3, after item 8(d), insert:

    • (e) information in relation to any contingent resources; and

    • (f) an explanation of why any contingent resources are classified as such, including a description of development and cost thresholds).

51 Schedule 4 amended
  • (1) In the Schedule 4 heading, replace extend duration of exploration permit for purpose of discovery appraisal with change exploration permit.

    (2) In the Schedule 4 heading, replace r 22(1)(f) with item 2 of Part 3 of Schedule 2.

    (3) In Schedule 4, before item 1, insert:

    • 1AA A statement of the duration of the extension sought.

    • 1AB A map of the existing permit area showing the boundaries of the area of land within it to which the extension of duration relates. The boundaries of the area of land to which the extension relates must be located and defined on the map by—

      • (a) lines of latitude or longitude, if practicable to do so; or

      • (b) straight line edges between turning points, in any other case.

    • 1AC A statement setting out the proposed work programme for the appraisal, including its objectives.

    (4) In Schedule 4, item 9(a), replace gas, condensate, and oil with gas (methane and ethane), liquefied petroleum gas (propane and butane), condensate (C5+), and oil.

    (5) In Schedule 4, item 10, replace including, with including (with any estimates made in accordance with the Petroleum Resources Management System),.

    (6) In Schedule 4, item 10(a)(i) and (ii), replace oil, gas, and condensate with oil, gas (methane and ethane), liquefied petroleum gas (propane and butane), and condensate (C5+).

52 Schedule 6 amended
  • (1) In the Schedule 6 heading, replace half-yearly with annual.

    (2) In the Schedule 6 heading, replace 40(2)(d) with 40(2)(b).

    (3) In Schedule 6, in the Part 1 heading, replace half-yearly with annual.

    (4) In Schedule 6, Part 1, after item 7, insert:

    • 8 Any well-stimulation activities and well-workover activities, their purpose, and any testing done.

    • 9 The iwi engagement report required under section 33C of the Act.

    • 10 All cumulative, annual, and monthly oil, condensate (C5+), gas (methane and ethane), liquefied petroleum gas (propane and butane), and water production figures (by field) from any appraisal activities.

    (5) In Schedule 6, replace the Part 2 heading with:

    Part 2
    Information to be included in annual report under regulation 39.

    (5A) In Schedule 6, Part 2, replace item 1 with:

    • 1 For each well, reservoir, and field,—

      • (a) the calculated daily and monthly production rates for oil, condensate (C5+), liquefied petroleum gas (propane and butane), gas (methane and ethane), and water; and

      • (b) the measured daily and monthly production rates for oil, condensate (C5+), liquefied petroleum gas (propane and butane), gas (methane and ethane), and water; and

      • (c) the cumulative and yearly oil, condensate (C5+), liquefied petroleum gas (propane and butane), gas (methane and ethane), and water production figures, and the corresponding calorific values for the oil, condensate (C5+), liquefied petroleum gas (propane and butane), and gas (methane and ethane).

    (6) In Schedule 6, Part 2, item 17, replace half-year with year.

    (7) In Schedule 6, Part 2, replace item 18 with:

    • 18 A status report for the purposes of regulation 39 that includes—

      • (a) a report on petroleum initially in place, which includes estimates of oil initially in place and natural gas initially in place; and

      • (b) a report of P90, P50, and P10, or proven, and proven plus probable, and proven plus probable plus possible estimates (1P, 2P, and 3P estimates) for remaining and ultimately recoverable oil, condensate (C5+), liquefied petroleum gas (propane plus butane) and gas (methane and ethane)(including an explanation of the methodology used to calculate the estimates); and

      • (c) a report on C50 estimates (2C estimates) for contingent resources; and

      • (d) a full explanation of why contingent resources are classified as contingent (including a description of development and cost thresholds); and

      • (e) a copy of any report or any field study undertaken that results in a revised estimate of recoverable or in-place petroleum; and

      • (f) the permit holder's estimates of oil initially in place and gas initially in place.

    (8) In Schedule 6, Part 2, after item 20, insert:

    • 21 The daily oil, condensate, gas, and water production figures, per well, from any appraisal activities.

    • 22 The iwi engagement report required under section 33C of the Act.

    • 23 A report of minimum, average, and maximum daily and hourly system deliverability for gas using the installed infrastructure.

    • 24 The cumulative gas and water injection volumes since reservoir and well injection commenced.

    (9) In Schedule 6, in the Part 3 heading, replace half-yearly with annual.

    Regulation 52(4): amended, on 23 May 2013, by regulation 10(1) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 52(5A): inserted, on 23 May 2013, by regulation 10(2) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

    Regulation 52(8): amended, on 23 May 2013, by regulation 10(3) of the Crown Minerals (Petroleum) Amendment Regulations 2013 Amendment Regulations 2013 (SR 2013/152).

53 Schedule 8 amended
  • (1) In the Schedule 8 heading, after 45(2), insert 45A(2), 45B(2).

    (2) In Schedule 8, replace the Part 1 heading with Information to be included in daily reports under regulations 45, 45A, and 45B.

54 Schedule 9 revoked

Schedule
Schedule 2 replaced

r 49

Schedule 2
Information to accompany permit applications

rr 17, 19, 20, 23

Part 1
Information to accompany prospecting permit application under regulation 17

  • 1 A statement of the technical qualifications and financial resources of the applicant.

  • 2 If the application is on behalf of 2 or more persons,—

    • (a) an explanation of each person's interest in the permit; and

    • (b) a statement identifying which of the persons is to be the permit operator.

  • 3 A map of the permit area.

  • 4 A summary of the geology of the permit area.

  • 5 The results of any previous prospecting and exploration work in relation to the permit area.

  • 6 The play or plays to be addressed in the permit and a description of the critical risks associated with them that demonstrates the applicant's understanding of the petroleum system.

  • 7 A statement of the proposed minimum work programme that—

    • (a) states its objectives and estimated cost; and

    • (b) identifies the technical rationale, milestones, and deliverables of the programme.

Part 2
Information to accompany mining permit application under regulation 19

  • 1 A statement of the technical qualifications and financial resources of the applicant.

  • 2 A map of the permit area.

  • 3 If the application is on behalf of 2 or more persons,—

    • (a) an explanation of each person's interest in the permit; and

    • (b) a statement identifying which of the persons is to be the permit operator.

  • 4 A report that—

    • (a) sets out the reserves and proposed work programme for the development of the field concerned; and

    • (b) includes the information described in Schedule 3.

Part 3
Report to accompany extension of area application under regulation 20

Subpart 1Information to be included if application made following discovery

  • 1 A map showing the boundaries of the area of land for which the extension is sought in relation to the existing permit area. The boundaries of the area of land for which the extension is sought must be located and defined on the map by—

    • (a) lines of latitude or longitude, if practicable to do so; or

    • (b) straight line edges between turning points, in any other case.

  • 2 A statement of the reasons why in the permit holder's opinion (by reference to the relevant information described in Schedule 4), the Minister should extend the area to which the permit relates, including a discussion of any proposed amendments to the current work programme for the permit.

Subpart 2Information to be included if application made to extend area of land for exploration permit and no discovery made

  • 4 A map showing the boundaries of the area of land for which the extension is sought in relation to the existing permit area. The boundaries of the area of land for which the extension is sought must be located and defined on the map by—

    • (a) lines of latitude or longitude, if practicable to do so; or

    • (b) straight line edges between turning points, in any other case.

  • 5 A statement of the reasons why, in the permit holder's opinion, the Minister should extend the area to which the permit relates, including a discussion of any proposed amendments to the current work programme for the permit.

  • 6 A summary of the geology of the area for which the extension is sought.

  • 7 The results of any previous prospecting and exploration work in relation to the area for which the extension is sought.

  • 8 A description of the prospect or prospects that are the target of future drilling operations.

  • 9 The time frame in which those drilling operations is to commence.

Part 4
Information to accompany application for extension of mining permit

  • 1 A statement of the duration of the extension sought.

  • 2 A statement of the reasons why, in the permit holder's opinion, the Minister should extend the duration of the permit, including information on the following matters:

    • (i) the work programme to be carried out during the proposed extension period and its objectives; and

    • (ii) the results of activities undertaken by the permit holder in the permit area to date; and

    • (iii) the geology and petroleum potential of the permit area; and

    • (iv) details of any modifications to the existing work programme, production schedule, or proposed level of expenditure required to deplete the field.

  • 3 An explanation as to why the discovery to which the permit relates cannot be economically depleted before the current permit expires.

 Michael Webster,
for Clerk of the Executive Council.


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

Date of notification in Gazette: 26 April 2013.


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 Crown Minerals (Petroleum) Amendment Regulations 2013. The reprint incorporates all the amendments to the regulations as at 23 May 2013, 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)