Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013

  • A correction has been made to regulation 5(1) under section 25(1)(j)(ii) of the Legislation Act 2012 and a correction to regulation 46(11) under section 25(1)(j)(iv) of that Act.

2013/205

Coat of Arms of New Zealand

Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

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 Name of principal regulations changed

5 Regulation 3 amended (Interpretation)

6 Part 1 heading replaced

7 Regulation 6 amended (Signing of documents)

8 Regulations 7 to 11 and cross-headings replaced

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

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

11 Regulation 14 and cross-headings revoked

12 New regulation 15A inserted (Prescribed information for purposes of section 90B(1) of Act)

13 Regulation 16 amended (Application for prospecting permit)

14 Regulation 17 amended (Application for exploration permit (unless allocated by public tender))

15 Regulation 18 amended (Application for mining permit (unless allocated by public tender or for special purpose mining permit))

16 Regulation 19 amended (Application for special purpose mining permit)

17 Regulation 20 amended (Application to extend or decrease minerals to which prospecting or exploration permit relates)

18 Regulation 21 amended (Application to extend land to which prospecting or exploration permit relates)

19 Regulation 22 amended (Application to extend or decrease minerals to which mining permit relates)

20 Regulation 23 amended (Application to extend land to which mining permit relates)

21 Regulation 24 amended (Application to extend duration of prospecting permit)

22 Regulation 25 amended (Application to extend duration of mining permit)

23 Regulation 26 amended (Application to extend duration of exploration permit for area of unbroken land (unless for purpose of discovery appraisal))

24 Regulation 27 amended (Application to extend duration of exploration permit for purpose of discovery appraisal)

25 Regulation 28 replaced (Application for permit holder to transfer, lease, or otherwise deal with permit)

26 Cross-heading above regulation 30 revoked

27 Regulation 30 amended (Notice of surrender of permit)

28 New cross-heading above regulation 31 inserted

29 Regulation 31 amended (Notice of access arrangement)

30 Regulation 32 amended (Notice of appeal against increase in bonds or monetary deposit)

31 Regulation 33 amended (Permit holder must supply to Secretary all reports and records of prospecting and exploration activities)

32 Regulation 35 amended (Annual summary report on prospecting and exploration)

33 Regulation 36 amended (Special report on prospecting and exploration)

34 Regulation 37 amended (Annual report on expenditure on prospecting and exploration)

35 Regulation 38 amended (Annual summary report on mining activities)

36 Regulation 39 replaced (Annual report on certain small-scale mining activities)

37 Regulation 40 amended (Reports and other documents on expiry or surrender of permit)

38 Regulation 41 amended (Reports and other documents required on revocation of permit)

39 Regulation 42 replaced (Documents required if permit area partially surrendered or relinquished)

40 New regulation 43A and cross-heading inserted

41 Parts 4 and 5 replaced

42 References to Secretary replaced

43 Schedule 1 revoked

44 Schedule 2 amended

45 Schedule 3 amended

46 Schedule 4 amended

47 Schedules 6 and 7 revoked


Regulations

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

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

3 Principal regulations
4 Name of principal regulations changed
  • (1) After the commencement of these regulations,—

    • (a) the principal regulations are called the Crown Minerals (Minerals Other than Petroleum) Regulations 2007; and

    • (b) every reference to the principal regulations in any enactment, or in any document, in force on that commencement must, unless the context otherwise requires, be read as a reference to the Crown Minerals (Minerals Other than Petroleum) Regulations 2007.

    (2) In regulation 1, replace and Coal with Other than Petroleum.

5 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(1), insert in their appropriate alphabetical order:

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

    Canadian National Instrument means the Canadian National Instrument 43-101 Standards of Disclosure for Mineral Projects

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

    JORC Code means the 2012 edition of the code issued by the Joint Ore Reserves Committee that comprises representatives of the Australasian Institute of Mining and Metallurgy, the Australian Institute of Geoscientists, and the Minerals Council of Australia

    Minister means the Minister of Energy and Resources

    South African Code means the South African Code for Reporting of Exploration Results, Mineral Resources and Mineral Reserves (2007 edition as amended in July 2009)

    Tier 1 exploration permit means an exploration permit that falls within the definition of Tier 1 permit

    Tier 1 mining permit means a mining permit that falls within the definition of Tier 1 permit

    Tier 1 permit has the same meaning as in section 2B(1) of the Act

    Tier 2 mining permit means a mining permit that falls within the definition of Tier 2 permit

    Tier 2 permit has the same meaning as in section 2B(2) of the Act.

    (2) In regulation 3(1), revoke the definitions of ad valorem royalty, current year, net sales revenue, other minerals programme, past year, and specific rate royalty.

6 Part 1 heading replaced
  • Replace the Part 1 heading with:

    Part 1
    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 11 and cross-headings replaced
  • Replace regulations 7 to 11 and the cross-headings above regulation 8 and 12 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.

9 Regulation 12 amended (Permit holder may apply for extension of time within which document or thing must be provided)
10 Regulation 13 amended (Permit holder may apply for exemption from requirement to provide document or thing)
11 Regulation 14 and cross-headings revoked
12 New regulation 15A inserted (Prescribed information for purposes of section 90B(1) of Act)
  • After regulation 15, insert:

    15A Prescribed information for purposes of section 90B(1) of Act
    • The following is prescribed information for the purposes of section 90B(1) of the Act:

      • (a) information provided under regulation 35(2)(b) as it relates to items 3 and 5 of Part 6 of Schedule 4:

      • (b) information provided under regulation 38(2)(b) as it relates to items 3, 4, 9, and 10 of Part 8 of Schedule 4:

      • (c) information provided under regulation 39(3) as it relates to items 3 to 5 of Part 9 of Schedule 4.

13 Regulation 16 amended (Application for prospecting permit)
  • In regulation 16(1), replace Secretary under section 23(1) of the Act for a prospecting permit must be in form 1 of Schedule 1 and with chief executive under section 23A of the Act for a prospecting permit must be in the form prescribed by the chief executive and be.

14 Regulation 17 amended (Application for exploration permit (unless allocated by public tender))
  • In regulation 17(1), replace Secretary under section 23(1) of the Act for an exploration permit must be in form 1 of Schedule 1 and with chief executive under section 23A of the Act for an exploration permit must be in the form prescribed by the chief executive and be.

15 Regulation 18 amended (Application for mining permit (unless allocated by public tender or for special purpose mining permit))
  • (1) In the heading to regulation 18, replace purpose mining permit with purpose mining activity.

    (2) In regulation 18(1), replace Secretary under section 23(1) of the Act for a mining permit must be in form 1 of Schedule 1 and with chief executive under section 23A of the Act for a mining permit must be in the form prescribed by the chief executive and be.

16 Regulation 19 amended (Application for special purpose mining permit)
  • (1) Replace the heading to regulation 19 with Application for mining permit for special purpose mining activity.

    (2) In regulation 19(1), replace Secretary under section 23(1) of the Act for a special purpose mining permit must be in form 1 of Schedule 1 and with chief executive under section 23A of the Act for a mining permit for a special purpose mining activity must be in the form prescribed by the chief executive and be.

    (4) In regulation 19(2)(d), after permit, insert and the proposed permit operator for the permit.

17 Regulation 20 amended (Application to extend or decrease minerals to which prospecting or exploration permit relates)
  • (1) In the heading to regulation 20, replace extend or decrease with change.

    (2) In regulation 20(1), replace extend or decrease with change.

    (3) Replace regulation 20(1)(b) with:

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

18 Regulation 21 amended (Application to extend land to which prospecting or exploration permit relates)
19 Regulation 22 amended (Application to extend or decrease minerals to which mining permit relates)
  • (1) In the heading to regulation 22, replace extend or decrease with change.

    (2) In regulation 22(1), replace extend or decrease with change.

    (3) Replace regulation 22(1)(b) with:

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

20 Regulation 23 amended (Application to extend land to which mining permit relates)
21 Regulation 24 amended (Application to extend duration of prospecting permit)
22 Regulation 25 amended (Application to extend duration of mining permit)
23 Regulation 26 amended (Application to extend duration of exploration permit for area of unbroken land (unless for purpose of discovery appraisal))
  • (1) In heading to regulation 26, delete for area of unbroken land.

    (2) In regulation 26(1), replace section 37(1) with section 36(1).

    (3) Replace regulation 26(1)(b) with:

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

    (4) In regulation 26(4), replace section 37(2) with section 35A.

24 Regulation 27 amended (Application to extend duration of exploration permit for purpose of discovery appraisal)
25 Regulation 28 replaced (Application for permit holder to transfer, lease, or otherwise deal with permit)
  • Replace regulation 28 with:

    28 Application and notices to transfer, deal with, etc, permits
    • (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 permit participant or 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 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, as the case may be.

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

26 Cross-heading above regulation 30 revoked
27 Regulation 30 amended (Notice of surrender of permit)
  • (1) In the heading to regulation 30, replace Notice of with Application for.

    (2) Replace regulation 30(1) with:

    • (1) An application to the chief executive under section 40(1) of the Act for the surrender of a permit or part of a permit must be in the form prescribed by the chief executive.

    (3) In regulation 30(2), replace notice with application in each place.

28 New cross-heading above regulation 31 inserted
29 Regulation 31 amended (Notice of access arrangement)
  • Replace regulation 31(a) with:

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

30 Regulation 32 amended (Notice of appeal against increase in bonds or monetary deposit)
  • (1) In regulation 32, replace section 109(3) with clause 16(3) of Schedule 1.

    (2) In regulation 32, replace section 109(2) with clause 16(2) of Schedule 1.

    (3) Replace regulation 32(a) with:

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

31 Regulation 33 amended (Permit holder must supply to Secretary all reports and records of prospecting and exploration activities)
  • (1) Replace the heading to regulation 33 with Permit holder must supply chief executive with reports and records on prospecting, exploration, and mining activities.

    (2) Replace regulation 33(1) to (3) with:

    • (1) A permit holder must supply to the chief executive, not later than 40 working days after the commencement of each permit year, any reports and records specified in subclause (2) that—

      • (a) were created in the immediately preceding permit year; and

      • (b) relate to prospecting, exploration, or mining activities undertaken in relation to the permit.

    • (2) The reports and records are—

      • (a) geological investigations, studies, and reviews:

      • (b) reviews of existing data:

      • (c) geochemical surveys:

      • (d) geophysical surveys:

      • (e) programmes of costeans and bulk sampling:

      • (f) reports relating to drilling and shaft sinking:

      • (g) mining feasibility studies that relate to, or include material relating to, mine design, scheduling, production, resource recovery, or economic viability.

    • (3) A report or record required to be supplied under this regulation must be accompanied by the information described in Part 1 of Schedule 4 (if the report or record itself does not already contain that information).

32 Regulation 35 amended (Annual summary report on prospecting and exploration)
  • (1) In the heading to regulation 35, after exploration, insert activities.

    (2) Replace regulation 35(1) with:

    • (1) A permit holder must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on any prospecting or exploration activities that have taken place under the permit during that calendar year.

    (3) Replace regulation 35(2)(a) with:

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

    (4) Replace regulation 35(4) with:

    • (4) The first report to be supplied under this regulation must relate to the 2013 calendar year.

33 Regulation 36 amended (Special report on prospecting and exploration)
  • (1) In the heading to regulation 36, after exploration, insert activities.

    (2) Replace regulation 36(3)(a) with:

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

34 Regulation 37 amended (Annual report on expenditure on prospecting and exploration)
  • (1) In the heading to regulation 37, after exploration, insert activities.

    (2) Replace regulation 37(1) with:

    • (1) A permit holder must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on the expenditure incurred under the permit during that calendar year.

    (3) Replace regulation 37(2)(a) with:

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

    (4) Replace regulation 37(3) with:

    • (3) The first report to be supplied under this regulation must relate to the 2013 calendar year.

35 Regulation 38 amended (Annual summary report on mining activities)
  • (1) Replace the heading to regulation 38 with Annual report on mining activities under Tier 1 mining permits.

    (2) Replace regulation 38(1) with:

    • (1) The holder of a Tier 1 mining permit must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on the mining activities that have taken place under the permit during that calendar year.

    (3) Replace regulation 38(2)(a) with:

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

    (4) In regulation 38(3), replace the past year with that calendar year.

    (5) Replace regulation 38(4) and (5) with:

    • (4) The first report to be supplied under this regulation must relate to the 2013 calendar year.

    • (5) Despite subclause (1), this regulation does not apply to the holder of a Tier 1 mining permit for an underground mine if the annual royalty payable by the permit holder for the minerals obtained under the permit is less than or equal to $50,000 (as calculated in accordance with the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013.

36 Regulation 39 replaced (Annual report on certain small-scale mining activities)
  • Replace regulation 39 with:

    39 Annual report on mining activities under Tier 2 permits
    • (1) The holder of a Tier 2 permit must supply to the chief executive, not later than 31 March following the end of each calendar year, a report on the mining activities that have taken place under the permit during that calendar year.

      (2) The report must—

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

      • (b) include the information described in Part 9 of Schedule 4.

      (3) Subclauses (1) and (2) still apply even if no mining activities have taken place under the permit during that calendar year.

      (4) A permit holder must, if requested by the chief executive, supply to him or her either or both of the following:

      • (a) a summary of the mining and processing methods proposed to be employed at the mine in the next calendar year:

      • (b) the proposed location, extent, and direction of mining and time period within which operations will take place in the next calendar year, including appropriate maps and plans necessary to enable a sound understanding of the proposed operations.

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

      (6) This regulation also applies to the holder of a Tier 1 mining permit for an underground mine if the annual royalty payable by the permit holder for the minerals obtained under the permit is less than or equal to $50,000 (as calculated in accordance with the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013.

37 Regulation 40 amended (Reports and other documents on expiry or surrender of permit)
  • (1) In regulation 40(1)(b), replace surrenders with applies to surrender.

    (2) Replace regulation 40(2) with:

    • (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) if the holder of a Tier 1 permit, a copy of all reports, records, and maps that relate to targets or prospects identified by the permit holder during the holder's tenure of the permit.

    (3) In regulation 40(3), replace The report (or other document) with The documents required by subclause (2).

    (4) After regulation 40(3), insert:

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

38 Regulation 41 amended (Reports and other documents required on revocation of permit)
  • (1) In regulation 41(1), replace under section 39(2) with in accordance with section 39.

    (2) Replace regulation 41(2) with:

    • (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) if the holder of a Tier 1 permit, a copy of all reports, records, and maps that relate to targets or prospects identified by the permit holder during the holder's tenure of the permit.

    (3) In regulation 41(3), replace The report (or other document) with The documents required by subclause (2).

39 Regulation 42 replaced (Documents required if permit area partially surrendered or relinquished)
  • Replace regulation 42 with:

    42 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 this Part of the 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 holder of a Tier 1 permit must also supply to the chief executive a copy of all reports, records, and maps that relate to targets 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 date on which 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 under 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.

40 New regulation 43A and cross-heading inserted
  • After regulation 43, insert:

    Reports relating to royalties

    43A Reports relating to royalties
    • A permit holder must comply with the reporting requirements of the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 (which include reporting requirements for the calculation and payment of royalties in relation to a permit).

41 Parts 4 and 5 replaced
  • Replace Parts 4 and 5 with:

    Part 4
    Miscellaneous

    44 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 the following items:

      • (a) item 5 of Part 6 of Schedule 4; and

      • (b) items 3, 4, 9, and 10 of Part 8 of Schedule 4; and

      • (c) items 3, 4, and 5, of Part 9 of Schedule 4.

      (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.

    Transitional provisions

    45 Interpretation
    • In regulations 46 to 49,—

      Amendment Regulations means the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013

      new regulation or new item means the specified regulation or item in a schedule of the principal regulations as amended, replaced, or inserted by the Amendment Regulations

      old regulation means the specified regulation of the principal regulations as it read immediately before the regulation was amended or replaced by the Amendment Regulations

      principal regulations means these regulations (the Crown Minerals (Minerals Other than Petroleum) Regulations 2007)

      unchanged item means a specified item in a Schedule of the principal regulations that has not been amended or replaced by the Amendment Regulations.

    46 Annual summary reports on prospecting and exploration activities
    • (1) Subclause (2) applies to each permit holder—

      • (a) to which new regulation 35 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 35 at any time between 24 May 2013 and 1 December 2013.

      (2) The permit holder must provide—

      • (a) an annual summary report on the date required under old regulation 35(1) that complies with old regulation 35; and

      • (b) an annual summary report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 35 other than the requirements in relation to new items 3, 5, and 6 of Part 6 of Schedule 4.

      (3) Subclause (4) applies to each permit holder—

      • (a) to which new regulation 35 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 35 at any time between 1 and 31 December 2013.

      (4) The permit holder must provide—

      • (a) an annual summary report on the date required under old regulation 35(1) that complies with old regulation 35; and

      • (b) for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 4 of Part 6 of Schedule 4.

      (5) For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual summary reports in accordance with new regulation 35.

    47 Annual reports on expenditure on prospecting and exploration activities
    • (1) Subclause (2) applies to each permit holder—

      • (a) to which new regulation 37 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual expenditure report under old regulation 37 at any time between 24 May 2013 and 1 December 2013.

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

      • (a) an annual expenditure report on the date required under old regulation 37(1) that complies with old regulation 37; and

      • (b) an annual expenditure report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 37.

      (3) Subclause (4) applies to each permit holder—

      • (a) to which new regulation 37 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual expenditure report under old regulation 37 at any time between 1 and 31 December 2013.

      (4) The permit holder must provide to the chief executive—

      • (a) an annual expenditure report on the date required under old regulation 37(1) that complies with old regulation 37; and

      • (b) for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 3 of Part 7 of Schedule 4.

      (5) For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual expenditure reports in accordance with new regulation 37.

    48 Annual report on mining activities under Tier 1 mining permits
    • (1) Subclause (2) applies to each permit holder of a Tier 1 mining permit—

      • (a) to which new regulation 38 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 at any time between 24 May 2013 and 1 December 2013.

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

      • (a) an annual report on the date required under old regulation 38(1) that complies with old regulation 38; and

      • (b) an annual report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 38 other than the requirements in relation to new items 9 to 14 of Part 8 of Schedule 4.

      (3) Subclause (4) applies to each permit holder of a Tier 1 mining permit—

      • (a) to which new regulation 38 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 at any time between 1 and 31 December 2013.

      (4) The permit holder must provide to the chief executive—

      • (a) an annual report on the date required under old regulation 38(1) that complies with old regulation 38; and

      • (b) for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 3 of Part 8 of Schedule 4.

      (5) For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual summary reports in accordance with new regulation 38.

    49 Annual report on mining activities under Tier 2 mining permits
    • (1) Subclause (2) applies to each permit holder of a Tier 2 mining permit—

      • (a) to which new regulation 39 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 or, as the case may be, an annual report under old regulation 39, at any time between 24 May 2013 and 1 December 2013.

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

      • (a) an annual summary report or annual report on the date required under old regulation 38(1) or 39(2) that complies with old regulation 38 or 39, as the case may be; and

      • (b) an annual report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 39.

      (3) Subclause (4) applies to each permit holder of a Tier 2 mining permit—

      • (a) to which new regulation 39 applies; and

      • (b) that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 or, as the case may be, an annual report under old regulation 39, at any time between 1 and 31 December 2013.

      (4) The permit holder must provide to the chief executive—

      • (a) an annual summary report or annual report on the date required under old regulation 38(1) or 39(2) that complies with old regulation 38 or 39, as the case may be; and

      • (b) for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 3 of Part 9 of Schedule 4.

      (5) For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual reports in accordance with new regulation 39.

42 References to Secretary replaced
43 Schedule 1 revoked
44 Schedule 2 amended
  • (1) In Schedule 2, Part 1, before item 1, insert:

    • 1AA The particulars of the person who is responsible for the application.

    (2) In Schedule 2, Part 1, after item 2, insert:

    • 2A If the application is on behalf of 2 or more persons, the proposed permit operator.

    • 2B The area of land to which the application relates (in hectares or square kilometres).

    (3) In Schedule 2, Part 1, after item 5(a), insert:

    • (ab) identifies the area to which the work programme relates; and.

    (4) In Schedule 2, Part 1, item 5(d) and (e), replace estimated with minimum.

    (5) In Schedule 2, Part 1, replace items 6 and 7 with:

    • 6 If the application is over a broken area of land, a statement of the reasons why the application is necessary for a broken area.

    • 7 A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in chapter 8 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

    • 8 A statement on any other matter the applicant considers relevant to support the application.

    (6) In Schedule 2, Part 2, before item 1, insert:

    • 1AA The particulars of the person who is responsible for the application.

    (7) In Schedule 2, Part 2, after item 2, insert:

    • 2A If the application is on behalf of 2 or more persons, the proposed permit operator.

    • 2B The area of land to which the application relates (in hectares or square kilometres).

    • 2C For an application for a Tier 1 exploration permit, a statement that allows the Minister to form a view as to whether the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.

    (8) In Schedule 2, Part 2, replace item 4 with:

    • 4 A summary of the geology to which the permit application relates, including whether the land contains any defined exploration targets or is contiguous with any defined exploration targets.

    • 4A A summary of past prospecting, exploration, or mining activities that may be relevant to the land covered by the permit application.

    • 4B A statement of any permit held by the applicant in an overseas jurisdiction that has been revoked in the past 10 years and the reasons for the revocation.

    • 4C For an application for a Tier 1 exploration permit for minerals other than gold or silver, or for a permit in relation to an area offshore, a report stating the ownership of the minerals (commonly known as a Land Mineral Status Report).

    (9) In Schedule 2, Part 2, item 5(d) and (e), replace estimated with minimum.

    (10) In Schedule 2, Part 2, item 5(g), after exploration, insert ; and.

    (11) In Schedule 2, Part 2, after item 5(g), insert:

    • (h) states whether the proposed exploration is in accordance with good industry practice.

    (12) In Schedule 2, Part 2, replace items 6 and 7 with:

    • 6 If the application is over a broken area of land, a statement of the reasons why the application is necessary for a broken area.

    • 7 A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in chapter 9 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

    • 8 A statement on any other matter the applicant considers relevant to support the application.

    (13) In Schedule 2, Part 3, before item 1, insert:

    • 1AA The particulars of the person who is responsible for the application.

    (14) In Schedule 2, Part 3, after item 2, insert:

    • 2A If the application is on behalf of 2 or more persons, the proposed permit operator.

    • 2B The area of land to which the application relates (in hectares or square kilometres).

    • 2C For an application for a Tier 1 mining permit, a statement that allows the Minister to form a view as to whether the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.

    (15) In Schedule 2, Part 3, replace item 4 with:

    • 4 The applicant's estimates of total in-ground resources.

    • 4A A report that sets out the evidence for a mineable mineral resource or exploitable mineral deposit sufficient to support a mining permit that includes—

      • (a) estimates of the mineable mineral resource or exploitable mineral deposit,—

        • (i) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

        • (ii) which, for an application for a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

      • (b) a map showing the size and location of the resource or deposit; and

      • (c) a description of the geology of the resource or deposit; and

      • (d) if applicable, a description of the type of coal and its properties.

    • 4B The following information to accompany the estimates prepared under item 4A(a)(ii):

      • (a) documentation on input data, methodology, quality control, and validation of the resource or deposit; and

      • (b) a spatial definition of the areas to which the figures in the estimates apply; and

      • (c) a statement of the criteria used to determine the estimates; and

      • (d) a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    (16) In Schedule 2, Part 3, after item 5, insert:

    • 6 The applicant’s mining feasibility studies, which include mine design, scheduling and production, resource recovery, and economic viability.

    • 7 A report on the project economics of the operation. In particular, the report must include the financial viability, technical constraints, and proposed level of expenditure in relation to the scale and extent of the proposed operations and any supporting financial model if so requested by the chief executive.

    • 8 For an application for a Tier 1 mining permit, a report on any alternative mine development plans that have been identified, which must include details of the projected ultimate recovery of the resource under each plan and a statement as to why these options have not been pursued.

    • 9 For an application for a Tier 1 mining permit for minerals other than gold or silver, or for a permit in relation to an area offshore, a report stating the ownership of the minerals (commonly known as a Land Mineral Status Report).

    • 10 A statement as to whether the proposed mining operations are in accordance with good industry practice.

    • 11 A statement on any other matter the applicant considers relevant to support the application.

45 Schedule 3 amended
  • (1) In Schedule 3, in the Part 1 heading, replace extend or decrease with change.

    (2) In Schedule 3, Part 1, item 3, replace extension or decrease with change.

    (3) In Schedule 3, Part 1, item 4(c), after the expenditure for it, insert ; and.

    (4) In Schedule 3, Part 1, after item 4(c), insert:

    • (d) a discussion on any complementary applications made at the same time that seek a change to the conditions of the permit or the land to which the permit relates.

    (5) In Schedule 3, Part 2, item 5(c), after the expenditure for it, insert ; and.

    (6) In Schedule 3, Part 2, after item 5(c), insert:

    • (d) the results of prospecting, exploration, or mining work undertaken under the permit up to the date of the application; and

    • (e) a discussion of how extending the land to which the permit relates will enable the permit holder to more effectively prospect or explore; and

    • (f) a discussion of how the prospecting or exploration to be undertaken over the additional land relates to that undertaken or planned under the existing permit.

    (7) In Schedule 3, in the Part 3 heading, replace extend or decrease with change.

    (8) In Schedule 3, Part 3, item 3, replace extension or decrease with change.

    (9) In Schedule 3, Part 3, after item 3, insert:

    • 3A The permit holder's estimates of total in-ground resources.

    (10) In Schedule 3, Part 3, replace item 4(a)(ii) with:

    • (ii) estimates of the mineable mineral resource,—

      • (A) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

      • (B) which, for an application in relation to a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and.

    (11) In Schedule 3, Part 3, after item 4, insert:

    • 4A The following information to accompany the estimates prepared under item 4(a)(ii)(B):

      • (a) a spatial definition of the areas to which the figures in the estimates apply; and

      • (b) a statement of the criteria used to determine the estimates; and

      • (c) a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    (12) In Schedule 3, Part 4, after item 4, insert:

    • 4A The permit holder's estimates of total in-ground resources for the land to which the extension is sought.

    (13) In Schedule 3, Part 4, replace item 5(b) with:

    • (b) estimates of the mineable mineral resource of the deposit in the land for which the extension is sought,—

      • (i) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

      • (ii) which, for an application in relation to a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and.

    (14) In Schedule 3, Part 4, item 5(d), after permit, insert and a summary of any other complementary requests to change the permit or permit conditions.

    (15) In Schedule 3, Part 4, item 5(e), after the permit, insert ; and.

    (16) In Schedule 3, Part 4, after item 5(e), insert:

    • (f) the results of prospecting, exploration, or mining work undertaken under the permit up to the date of the application; and

    • (g) a statement of how the mining to be undertaken over the additional land relates to that undertaken or planned under the existing permit; and

    • (h) geological evidence that the mineral resource of the deposit in the land for which the extension is sought is generally contiguous with the mineral resource to which the mining permit applies.

    (17) In Schedule 3, Part 4, after item 5, insert:

    • 6 The following information to accompany the estimates prepared under item 5(b)(ii):

      • (a) a spatial definition of the areas to which the figures in the estimates apply; and

      • (b) a statement of the criteria used to determine the estimates; and

      • (c) a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    (18) In Schedule 3, Part 5, item 5, replace proposed expenditure with minimum expenditure.

    (19) In Schedule 3, Part 5, after item 5, insert:

    • 5A A statement of the area of land to which the proposed extension of duration would apply (in hectares or square kilometres).

    • 5B A map of the existing permit area showing the boundary of the area of land within it to which the proposed extension of duration relates.

    (20) In Schedule 3, Part 5, after item 6(a), insert:

    • (ab) the proposed prospecting activities, including the extent to which the programme proposes to use new or improved sampling, analytical, or survey techniques; and.

    (21) In Schedule 3, Part 5, item 6(c), after area, insert ; and.

    (22) In Schedule 3, Part 5, after item 6(c), insert:

    • (d) a statement as to whether the extension is being sought to enable the applicant to complete or extend a work programme already under way, and the geological reasons that justify an extension.

    (23) In Schedule 3, Part 5, after item 6, insert:

    • 7 A statement as to whether the proposed prospecting activities will investigate the full extent of the land to be covered by the permit.

    (24) In Schedule 3, Part 6, after item 3, insert:

    • 3A The permit holder's estimates of total in-ground resources.

    • 3B A statement of the geology of and occurrences of minerals within the land to which the application for extension of duration relates.

    • 3C The applicant's mining feasibility studies, which include mine design, scheduling and production, resource recovery, and economic viability.

    • 3D A report on the project economics of the operation. In particular, the financial viability, technical constraints, and proposed level of expenditure in relation to the scale and extent, of the proposed operations and any supporting financial model if so requested by the chief executive.

    • 3E A statement as to whether the proposed mining operations are in accordance with good industry practice.

    (25) In Schedule 3, Part 6, replace item 4(b) with:

    • (b) estimates of the mineable mineral resource,—

      • (i) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

      • (ii) which, in relation to a Tier 1 mining permit application, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and.

    (26) In Schedule 3, Part 6, after item 4, insert:

    • 5 The following information to accompany the estimates prepared under item 4(b)(ii):

      • (a) a spatial definition of the areas to which the figures in the estimates apply; and

      • (b) a statement of the criteria used to determine the estimates; and

      • (c) a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    (27) In Schedule 3, in the Part 7 heading, delete for area of unbroken land.

    (28) In Schedule 3, Part 7, after item 5, insert:

    • 5A A statement of the geology of the land to which the permit application relates, including whether the land contains defined exploration targets or is contiguous with defined exploration targets.

    • 5B A summary of past prospecting, exploration, or mining activities that may be relevant to the land covered by the permit application.

    • 5C A statement of the technical approach to be taken when exploring the land to which the permit application relates.

    • 5D A statement as to whether the proposed exploration is in accordance with good industry practice.

    (29) In Schedule 3, Part 7, after item 6, insert:

    • 7 A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in sections 9.3 and 12.6 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

    (30) In Schedule 3, Part 8, after item 5, insert:

    • 5A The permit holder's estimates of total in-ground resources.

    (31) In Schedule 3, Part 8, replace item 6(b) with:

    • (b) the resource and reserve estimates which, for an application for a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and.

    (32) In Schedule 3, Part 8, after item 6, insert:

    • 6A The following information to accompany the estimates prepared under item 6(b) in relation to a Tier 1 mining permit:

      • (a) a spatial definition of the areas to which the figures in the estimates apply; and

      • (b) a statement of the criteria used to determine the estimates; and

      • (c) a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    (33) In Schedule 3, Part 8, after item 8, insert:

    • 9 A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in sections 9.3 and 12.6 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

46 Schedule 4 amended
  • (1) In the Schedule 4 heading, replace rr 33(3), (4), 35(2)(b), 36(3)(b), 37(2)(b), 38(2)(b), 39(3)(b) with rr 15A, 33(3) and (4), 35(2)(b), 36(3)(b), 37(2)(b), 38(2)(b), 39(2)(b), 44(1), 46(2)(b), 47(4)(b), 48(2)(b) and (4)(b), 49(4)(b).

    (2) In Schedule 4, Part 6, replace item 3 with:

    • 3 The permit holder's estimates of total in-ground resources.

    • 4 A summary of all prospecting and exploration activities, including—

      • (a) the number of holes and the total number of metres drilled:

      • (b) whether any mine feasibility studies were carried out:

      • (c) the number of any geochemical samples and any bulk samples.

    • 5 For the holder of a Tier 1 permit, an up-to-date estimate of the resource,—

      • (a) which must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

      • (b) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits.

    • 6 The following information to accompany the estimate prepared under item 5:

      • (a) a spatial definition of the areas to which the figures in the estimate apply; and

      • (b) a statement of the criteria used to determine the estimate; and

      • (c) a statement of whether the estimate is made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

    • 7 For the holder of a Tier 1 permit, a list of all reports created in relation to the permit for the year to which the overall report relates.

    • 8 For the holder of a Tier 1 permit, the iwi engagement report required under section 33C of the Act.

    (3) In Schedule 4, Part 7, replace item 3 with:

    • 3 Expenditure, expressed in New Zealand dollars, for each of the following categories:

      • (a) prospecting and exploration (including mapping, geochemical, geophysical, drilling, appraisal, and data compilation):

      • (b) other expenditure (including consents and administration).

    (4) In Schedule 4, in the Part 8 heading, after mining activities, insert under Tier 1 mining permits.

    (5) In Schedule 4, Part 8, item 3, replace past year with calendar year to which the report relates.

    (6) In Schedule 4, Part 8, item 4, replace current with following calendar.

    (7) In Schedule 4, Part 8, item 5, replace current with following calendar.

    (8) In Schedule 4, Part 8, revoke item 6.

    (9) In Schedule 4, Part 8, replace item 7 with:

    • 7 A plan in digital format of all mine workings and planned development, and the timing of the development.

    (10) In Schedule 4, Part 8, replace items 9 and 10 with:

    • 9 The permit holder's estimates of total in-ground resources.

    • 10 An up-to-date estimate of the resource,—

      • (a) which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

      • (b) which, in relation to a Tier 1 mining permit (other than those relating to underground coal or gold that do not meet the royalty or production thresholds specified in the third or fourth column of Schedule 5 of the Act), must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code.

    • 11 The following information to accompany the estimates prepared under item 9:

      • (a) a statement of whether the resource and reserves estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis; and

      • (b) a spatial definition of the areas to which the figures in the estimates apply; and

      • (c) a statement of the criteria used for defining the estimates.

    • 12 A list of all reports created by the permit holder or for the permit in the calendar year to which the overall report relates.

    • 13 The report required under regulation 35(1), but only if the permit holder has carried out any prospecting or exploration activities referred to in that regulation.

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

    (11) In Schedule 4, in the Part 9 heading, replace on small-scale mining activities with on mining activities under Tier 2 permits.

    (12) In Schedule 4, Part 9, item 3, replace past year with calendar year to which the report relates.

    (13) In Schedule 4, Part 9, replace items 4 to 6 with:

    • 4 An estimate of planned mine production for the following calendar year or, if no production is planned, the reasons why no production is planned.

    • 5 For holders of Tier 2 permits for coal, an up-to-date estimate of the resource, including—

      • (a) total in-ground resources; and

      • (b) inferred, indicated, and measured resources; and

      • (c) proved and probable reserves.

47 Schedules 6 and 7 revoked

Rebecca Kitteridge,
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 24 May 2013, amend the Crown Minerals (Minerals Other than Petroleum) Regulations 2007 (the principal regulations as renamed by regulation 4 of these regulations).

The amendments result from the following:

The most significant amendments are—


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

Date of notification in Gazette: 23 May 2013.

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