Crown Minerals (Petroleum Fees) Amendment Regulations 2014

2014/382

Coat of Arms of New Zealand

Crown Minerals (Petroleum 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), (j), and (k) 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 (Petroleum Fees) Amendment Regulations 2014.

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

3 Principal regulations
4 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.

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

    Part 1
    Annual fees.

6 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.

7 Regulation 6 replaced (Annual fee payable under prospecting permits)
  • Replace regulation 6 with:

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

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

8 Regulation 7 amended (Annual fee payable under exploration permits)
9 Regulation 8 amended (Annual fee payable under mining permits)
10 Regulation 9 amended (Annual fee payable under extension of duration of exploration permit for appraisal work)
  • (1) In regulation 9, replace section 37(2) with section 35A.

    (2) In regulation 9, replace $10.50 with $10.73.

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

12 Regulation 13 amended (Application fees and monetary deposit or bond)
  • In regulation 13, replace the Schedule with Schedule 2.

13 Part 3 revoked
14 Regulation 19 revoked (Revocation and saving)
15 Schedule replaced
  • Replace the Schedule with the Schedules 1 and 2 set out in the Schedule of these regulations.


Schedule
Schedule replaced by new Schedules 1 and 2

r 15

Schedule 1
Transitional provisions

r 4A

Transitional provisions relating to amendments taking effect after 11 December 2014

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

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

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

    (3) In this clause and clause 3,—

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

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

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

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

    • (a) the annual fee amount paid; and

    • (b) the new annual fee.

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

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

Schedule 2
Application fees and monetary deposit or bond payable

rr 12, 13

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

 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 (Petroleum Fees) Regulations 2006 (the principal regulations). Principally, the amendments—

  • introduce a distinction between the annual fees payable under petroleum prospecting permits according to whether they confer exclusive or non-exclusive rights; and

  • prescribe new annual fees payable under each of those 2 types of permit (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 petroleum prospecting 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 petroleum prospecting permits for the 2014/15 year, for a refund of as much of the annual fees paid 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.