Crown Minerals (Minerals Fees) Amendment Regulations 2014

2014/381

Coat of Arms of New Zealand

Crown Minerals (Minerals Fees) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of December 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 105(1)(i) and (j) 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.

Regulations

1 Title
  • These regulations are the Crown Minerals (Minerals Fees) Amendment Regulations 2014.

2 Commencement
  • These regulations come into force on 12 December 2014.

3 Principal regulations
4 Regulation 4 amended (Interpretation)
  • In regulation 4(1), insert in their appropriate alphabetical order:

    offshore, in relation to a permit, means that the permit relates to an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark

    onshore, in relation to a permit, means that the permit is not an offshore permit.

5 New regulation 4A inserted (Transitional provisions)
  • After regulation 4, insert:

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

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

    Part 1
    Annual fees.

7 Regulation 5 amended (Application)
  • (1) In regulation 5, replace The annual fees in this Part apply to— with Subject to clause 1 of Schedule 1, the annual fees in this Part apply to—.

    (2) In regulation 5(b), replace section 37(1) or (2) with section 35A or 36.

8 Regulation 6 amended (Annual fee payable under prospecting permit)
9 Regulations 7 to 9 replaced
  • Replace regulations 7 to 9 with:

    7 Annual fee payable under exploration permit
    • (1) The annual fee payable under an onshore exploration permit is,—

      • (a) for the initial term of the permit, $3.58 per hectare or part of a hectare or $511.11, whichever is the greater:

      • (b) under an extension of the duration of the permit under section 36 of the Act, $8.69 per hectare or part of a hectare or $511.11, whichever is the greater.

      (2) The annual fee payable under an offshore exploration permit is $10.73 per square kilometre or part of a square kilometre or $511.11, whichever is the greater.

    8 Annual fee payable under extension of duration of exploration permit for appraisal work
    • (1) The annual fee payable under an extension of the duration of an onshore exploration permit under section 35A of the Act is $8.69 per hectare or part of a hectare or $511.11, whichever is the greater.

      (2) The annual fee payable under an extension of the duration of an offshore exploration permit under section 35A of the Act is $10.73 per square kilometre or part of a square kilometre or $511.11, whichever is the greater.

    9 Annual fee payable under mining permit
    • (1) The annual fee payable under an onshore mining permit is $10.22 per hectare or part of a hectare or $511.11, whichever is the greater.

      (2) The annual fee payable under an offshore mining permit is $102.22 per square kilometre or part of a square kilometre or $511.11, whichever is the greater.

10 Regulation 11 amended (Special rules for annual fees payable in respect of permits granted or extended during year)
  • In regulation 11(b), replace section 37(1) or (2) with section 35A or 36.

11 Regulation 12 amended (Application and other fees)
  • In regulation 12, replace the Schedule with Schedule 2.

12 Part 3 revoked
13 Regulation 21 revoked (Revocation and saving)
14 Schedule replaced

Schedule
Schedule replaced by new Schedules 1 and 2

r 14

Schedule 1
Transitional provisions

r 4A

Transitional provisions relating to amendments taking effect after 11 December 2014

1 New annual fees for certain offshore permits take effect after 11 December 2014
  • Despite regulation 5, the annual fees payable under regulations 7(2), 8(2), and 9(2) take effect after 11 December 2014.

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

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

    (3) In this clause and clause 3,—

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

    new annual fee means the amount payable had the annual fee for the year beginning 1 July 2014 been calculated in accordance with regulations 7 to 9 (as in force after 11 December 2014).

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

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

    • (a) the annual fee amount paid; and

    • (b) the new annual fee.

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

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

Schedule 2
Application fees

r 12

Application fees$
Application for prospecting permit1,635.55
Application for exploration permit2,351.11
Application for mining permit3,271.11
Any application under section 36 of the Act (other than an application to extend the duration of a permit)2,555.55
Application for certificate of extension of duration of permit under section 36 of the Act2,555.55
Application for certificate of extension of duration of permit for appraisal work under section 35A of the Act3,271.11
Application for Minister’s consent under section 41, 41B, or 41C of the Act613.33

Michael Webster,
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 12 December 2014, amend the Crown Minerals (Minerals Fees) Regulations 2006 (the principal regulations). Principally, the amendments—

  • introduce a distinction between the annual fees payable under exploration permits and mining permits according to whether they relate to onshore or offshore areas; and

  • prescribe new annual fees payable under offshore exploration permits and offshore mining permits (the new annual fees).

The amendments also—

  • adjust the existing fees prescribed in the principal regulations to reflect the increase in goods and services tax from 12.5% to 15% that took effect from 1 October 2010 (previously, section 78(3) of the Goods and Services Tax Act 1985 operated to automatically apply the increase):

  • update references to the Crown Minerals Act 1991, in light of amendments made to the Act in 2013:

  • revoke spent transitional provisions that applied in relation to the 2006/07 year:

  • provide that, for outstanding debts relating to annual fees for offshore exploration permits and offshore mining permits for the 2014/15 year, annual fees are deemed to be paid if the amount that would have been payable under the new annual fees is paid:

  • provide, in relation to offshore exploration permits and offshore mining permits for the 2014/15 year, for a refund of as much of the annual fees paid before 12 December 2014 as exceeds the amount that would have been payable under the new annual fees.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 December 2014.

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