Crown Minerals (Minerals Fees) Regulations 2016

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Regulations

1 Title

These regulations are the Crown Minerals (Minerals Fees) Regulations 2016.

2 Commencement

These regulations come into force on 1 January 2017.

3 Application of regulations

These regulations do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Petroleum Fees) Regulations 2016.

4 Interpretation

(1)

In these regulations,—

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

year means a period of 12 months beginning on 1 July and ending with 30 June.

(2)

Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Part 1 Annual fees

6 Application

Subject to Schedule 1, the annual fees in this Part apply to—

(a)

any year beginning on or after 1 July 2017; and

(b)

any permit granted or extended under section 35A or 36 of the Act on or after 1 January 2017.

7 Annual fee payable under onshore prospecting permit

The annual fee payable under an onshore prospecting permit is the greater of—

(a)

$54.80 per square kilometre or part of a square kilometre; and

(b)

$1,400.

8 Annual fee payable under offshore prospecting permit

The annual fee payable under an offshore prospecting permit is the greater of—

(a)

$3.11 per square kilometre or part of a square kilometre; and

(b)

$1,400.

9 Annual fee payable under onshore exploration permit

The annual fee payable under an onshore exploration permit or an extension of the duration of the permit under section 35A or 36 of the Act is the greater of—

(a)

$311.30 per square kilometre or part of a square kilometre; and

(b)

$1,400.

10 Annual fee payable under offshore exploration permit

The annual fee payable under an offshore exploration permit or an extension of the duration of the permit under section 35A or 36 of the Act is the greater of—

(a)

$9.33 per square kilometre or part of a square kilometre; and

(b)

$1,400.

11 Annual fee payable under onshore mining permit

(1)

The annual fee payable under a Tier 1 onshore mining permit is the greater of—

(a)

$1,790 per square kilometre or part of a square kilometre; and

(b)

$1,400.

(2)

The annual fee payable under a Tier 2 onshore mining permit is the greater of—

(a)

$1,790 per square kilometre or part of a square kilometre; and

(b)

$1,000.

12 Annual fee payable under offshore mining permit

The annual fee payable under an offshore mining permit is the greater of—

(a)

$88.89 per square kilometre or part of a square kilometre; and

(b)

$1,400.

13 When annual fee is payable

The annual fees payable under regulations 7 to 12 are payable annually in advance within 30 days after 1 July.

14 Special rules for annual fees payable in respect of permits granted or extended during year

Despite regulations 7 to 13,—

(a)

if the permit in respect of which the fee is payable is granted during the year,—

(i)

the first payment of the annual fee must be made within 30 days after the date on which the permit is granted; and

(ii)

the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the permit is granted; and

(b)

if the extension of the duration of the permit under section 35A or 36 of the Act in respect of which the fee is payable is granted during the year,—

(i)

the first payment of the annual fee must be made within 30 days after the date on which the extension is granted; and

(ii)

the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the extension is granted.

Part 2 Fees other than annual fees

15 Application and other fees

The fees specified in Schedule 2 are prescribed as the fees payable in respect of any matter specified in that schedule that occurs on or after the date on which these regulations commence.

Part 3 Miscellaneous

16 Refund of fees

(1)

Application fees paid under the Act are not refundable on the withdrawal, rejection, or refusal of the application, except with the approval of the Minister.

(2)

The Minister may approve the refund of the total fee or part of the fee if the Minister considers that exceptional circumstances warrant the payment of a refund.

17 Fees exclusive of GST

The fees prescribed under these regulations are exclusive of goods and services tax.

18 Revocation

Schedule 1 Transitional, savings, and related provisions

rr 5, 6

Part 1 Provisions relating to these regulations as made

1 Adjustment of annual fee for permit or extension for period beginning before 1 January 2017 and ending on or after that date

(1)

This clause applies to a permit or an extension that relates to a period that commences at any time before 1 January 2017 and ends on or after that date.

(2)

For a permit or an extension that expires on or after 30 June 2017, this clause applies to the annual fee for the period that—

(a)

starts on the later of 1 July 2016 and the date of the grant of the permit or extension; and

(b)

ends on 30 June 2017.

(3)

For a permit or an extension that expires during the period starting on 1 January 2017 and ending before 30 June 2017, this clause applies to the annual fee for the period that—

(a)

starts on the later of 1 July 2016 and the date of the grant of the permit or extension; and

(b)

ends on the expiry of the permit or extension.

(4)

The annual fee payable under a permit or an extension for the period is pro rated, with the old annual fee applying to the part of the period that is before 1 January 2017 and the new annual fee applying to the part of the period that is on or after 1 January 2017.

(5)

In this clause,—

new annual fee means the annual fee calculated in accordance with regulations 7 to 12 and 14 of these regulations

old annual fee means the annual fee calculated in accordance with regulations 6 to 9 and 11 of the Crown Minerals (Minerals Fees) Regulations 2006 as in force at the close of 31 December 2016.

2 Payment of extra annual fee

(1)

This clause applies if the annual fee calculated under clause 1 is more than the amount that the permit holder has paid or is liable for as the annual fee for the permit or extension.

(2)

The permit holder must pay the chief executive the difference between the amount calculated under clause 1 and the amount that the permit holder has paid or is liable for.

(3)

The permit holder must make the payment on or before 31 January 2017.

3 Refund of overpaid annual fee

(1)

This clause applies if the annual fee calculated under clause 1 is less than the amount that the permit holder has paid as the annual fee for the permit.

(2)

The chief executive must refund to the permit holder the difference between the amount calculated under clause 1 and the amount that the permit holder has paid.

(3)

The chief executive must pay the refund on or before 31 March 2017.

Schedule 2 Application fees

r 15

Application fees($)
Application for prospecting permit3,000
Application for exploration permit3,000
Application for mining permit Tier 114,500
Application for mining permit Tier 25,000
Application for certificate of extension of duration of permit under section 35A of the Act3,850
Application under section 36 of the Act (including an application to extend the duration of a permit)3,025
Application under section 41, 41A, 41B, or 41C of the Act2,200

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 1 January 2017, revoke and replace the Crown Minerals (Minerals Fees) Regulations 2006 (the 2006 regulations).

The regulations consolidate the 2006 regulations (for example, by removing revoked and spent provisions) and make the following substantive changes:

  • provide that the fees prescribed by the regulations are exclusive of goods and services tax (GST):

  • adjust the annual fee payable under an offshore prospecting permit and an extension of an offshore exploration permit to reflect the exclusion of GST from the prescribed fees:

  • increase the annual fee payable under an onshore prospecting permit from $3.58 per square kilometre or part square kilometre (including GST) to $54.80 per square kilometre or part square kilometre (excluding GST):

  • increase the annual fee payable under an exploration permit from $3.58 per hectare or part hectare (including GST) to $311.30 per square kilometre or part square kilometre (excluding GST) for an onshore exploration permit and $9.33 per square kilometre or part square kilometre (excluding GST) for an offshore exploration permit:

  • decrease the annual fee payable under an extension of an onshore exploration permit from $8.69 per hectare or part hectare (including GST) to $311.30 per square kilometre or part square kilometre (excluding GST):

  • increase the annual fee payable under an onshore mining permit from $10.22 per hectare or part hectare (including GST) to $1,790 per square kilometre or part square kilometre (excluding GST):

  • adjust the annual fee payable under an offshore mining permit to reflect the exclusion of GST from the prescribed fees:

  • increase the minimum annual fee payable under a prospecting permit, an exploration permit, an offshore mining permit, and the extension of the duration of an exploration permit from $511.11 (including GST) to $1,400 (excluding GST):

  • increase the minimum annual fee payable under an onshore mining permit from $511.11 (including GST) to $1,400 (excluding GST) for a Tier 1 onshore mining permit and $1,000 (excluding GST) for a Tier 2 onshore mining permit:

  • increase the application fees payable under the regulations:

  • provide that annual fees for permits that cover a period that starts before these regulations come into force and ends after these regulations come into force are pro rated between the old rate (that applied before 1 January 2017) and the new rate (that applies on and from 1 January 2017).

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 1 September 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 November 2016.

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