Crown Minerals Act 1991

  • not the latest version
  • Editorial changes made in section 90A(1) on 2 December 2021 under section 87(l)(ii) and (iv) of the Legislation Act 2019.

Version as at 2 December 2021

Coat of Arms of New Zealand

Crown Minerals Act 1991

Public Act
 
1991 No 70
Date of assent
 
22 July 1991
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Title and commencement
1APurpose
1BProvisions affecting application of Act
[Repealed]
2Interpretation
2AMeaning of appropriate Minister
2BMeaning of Tier 1 permit and Tier 2 permit
2CDetermination of permit tier status
2DConsequences of change in status of permit
3Act to bind Crown
4Treaty of Waitangi
5Functions of Minister
6Delegation of functions by Minister
7Functions of chief executive
8Restrictions on prospecting or exploring for, or mining, Crown owned minerals
9Other legal requirements not affected
10Petroleum, gold, silver, and uranium
11Minerals reserved to Crown
[Repealed]
12Purpose of minerals programme [Repealed]
13Application of minerals programmes
14Contents of minerals programmes
15Minister must prepare draft minerals programmes in certain situations
16Changes to minerals programmes
17Public notice
18Submissions
19Issue of minerals programmes
20Notification of minerals programmes
21Minister may defer consideration of application for permit
22Minister and chief executive must act in accordance with minerals programmes
23Purpose of permits
23AApplication for permits
24Allocation by public tender
25Grant of permit
25ARecord of permit
26Priority of applications if more than 1 made and no minerals programme
27Permit holder must have permit operator
28Restriction on granting of prospecting permits
28ADeclaration that permits not to be issued or extended for specified land for specified period
29Minister may require survey to be done
29AProcess for considering application
29BProcess for considering application under public tender for conditional exploration permit
30Rights to prospect, explore, mine
31Right of permit holder to minerals
32Right of permit holder to subsequent permits
33Permit holder responsibilities
33AExercise of permit conditional on authorisation
33BHealth and Safety regulator to notify chief executive of breaches of legislation
33CIwi engagement reports
33DAnnual review meeting for holders of Tier 1 permits
34Financial return to the Crown
35Duration of permit
35AAppraisal extension of exploration permits
35BConditions imposing relinquishment obligation: prospecting permits
35CConditions imposing relinquishment obligation: exploration permits
36Change to permit
37Process for Minister’s proposal to change work programme for petroleum mining permit
38Determination by independent expert
39Revocation or transfer of permit
40Surrender of permit
41Transfer of interest in permit
41AAMeaning of change of control of permit participant or guarantor
41ABChange of control of permit operator of Tier 1 permit
41ACApplication for consent for change of control
41ADMinister may require information or documents to be supplied
41AEWhen Minister may consent to change of control of permit operator
41AFRevocation of permit if change of control made without consent
41AChange of control of permit participants (other than operators of Tier 1 permits)
41BDealings
41CChange of permit operator
41DGeneral provisions relating to transfers, dealings, and changes of permit operator
42Minister may require survey at any time
42AAuthorisation of geophysical surveys on adjacent land
42BField development plans to be submitted to chief executive
42CNotice of expected cessation and notice of cessation
43Work programmes to be approved by Minister
44Duty of Minister withholding approval of work programme
45Minister may direct that petroleum be refined and processed in New Zealand, etc
46Unit development
47Permit does not give right of access to land
48Cancellation of any Crown right of entry that is reserved by statute
49Entry on land for minimum impact activity
50Entry on special classes of land for minimum impact activity
50ARestricted access to Taranaki conservation land
51Entry on Maori land for minimum impact activity
52Permit holder may obtain order
53Access to land for petroleum
54Access to land for minerals other than petroleum
54AAccess to Schedule 4 land in common marine and coastal area
55Restrictions on determination of access arrangements by arbitrators
56Provisions relating to access arrangements
57Meaning of entry on land
58Disputes as to classification of land and activities
59Notice of request for grant of right of access
60Grant of right of access by access arrangement
61Access arrangements in respect of Crown land and land in common marine and coastal area
61AAccess to Crown land where mineral not property of the Crown
61BAccess arrangements in respect of Crown land where mineral not property of the Crown
61CPublic notification of certain access arrangements
62Prohibition of access in respect of Crown land
63Request for appointment of arbitrator
64Appointment of arbitrator in default of agreement
65Fixing time and place for conducting hearing
66Declaration by Order in Council that access arrangement may be determined by arbitrator
67Right of appearance
68Conciliation
69Procedure
70Determination of access arrangement, etc
71Effect of access arrangement, etc
72Variation of access arrangements
73Costs
74Withdrawal from arbitration
75Liability
76Compensation for owners and occupiers
77Compliance with access conditions
78Absentee or unknown owner of land
79Absentee or unknown owner of minerals
80Access arrangements in respect of Maori land
81Lodging and notation of permits [Repealed]
82Lodging of certificates of extension [Repealed]
83Notation of access rights on land titles
84Entry of permit and access particulars acts as notice only
85Land Transfer Act 2017 not to limit or affect rights under permits or rights of access
86Notation of mineral ownership on land titles
87Certified copies of documents to be evidence
88Recorded documents to be open for search [Repealed]
89Revision of records
89AApplication of this subpart
89BRelationship between this subpart and other enactments
89CRelationship between sections 42B and 42C, this subpart, and existing conditions of permits and licences
89DInterpretation
89EDecommissioning
89FPetroleum infrastructure
89GConditions relating to decommissioning
89HMeaning of relevant older petroleum infrastructure
89IMeaning of relevant older well
89JObligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure
89KObligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure
89LFurther obligations on transferors and transferees and Minister
89MExtent of liability of former permit and licence holders under sections 89J(2) and 89K(2)
89NWhen decommissioning obligations of persons under section 89J, 89K, or 89L arise
89OCriteria for agreeing or setting time frames for decommissioning
89PJoint and several liability
89QWhat is plugging and abandonment of well
89RObligations of permit holders, transferors, and transferees: decommissioning of wells
89SObligations of licence holders, transferors, and transferees: decommissioning of wells
89TFurther obligations on transferors and transferees and Minister
89UExtent of liability of former permit and licence holders under sections 89R and 89S
89VWhen decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise
89WCriteria for agreeing or setting time frames for decommissioning of wells
89XJoint and several liability
89YExemption and deferral powers of Minister
89ZCriteria for granting exemption
89ZACriteria for grant of deferral
89ZBSubpart 2 decommissioning plan
89ZCDecommissioning cost estimate
89ZDAsset registers to be submitted to chief executive
89ZEDecommissioning completion report
89ZFPermit and licence holders must provide information needed to monitor financial position
89ZGMinister may assess financial capability to meet decommissioning obligations
89ZHCriteria for considering whether to carry out financial capability assessment
89ZIProcess for carrying out financial capability assessment
89ZJMinister must notify outcome of financial capability assessment
89ZKRelevant persons must provide supporting information
89ZLPermit and licence holders must hold 1 or more financial securities
89ZMMatters to which Minister must have regard in setting kind and amount of security
89ZNDecision of Minister
89ZOAlteration of amount secured or kind of security required
89ZPMinister must notify required changes in kind of security or amount secured
89ZQPermit holder or licence holder may object to kind of security or amount set or required change to those matters
89ZRWhat happens if permit holder or licence holder makes objection
89ZZCApplication of this subpart
89ZZDChief executive or enforcement officer may accept enforceable undertakings
89ZZENotice of decision and reasons for decision
89ZZFWhen enforceable undertaking is enforceable
89ZZGCompliance with enforceable undertaking
89ZZHContravention of enforceable undertaking
89ZZIWithdrawal or variation of enforceable undertaking
89ZZJProceedings for alleged contravention
89ZZKPower to issue compliance notices
89ZZLContent of compliance notices
89ZZMCompliance with compliance notice
89ZZNExtension of time for compliance with compliance notices
89ZZOGeneral provisions relating to compliance notices
89ZZPChanges to notice by chief executive or enforcement officer
89ZZQChief executive or enforcement officer may vary or cancel compliance notice
89ZZRFormal irregularities or defects in compliance notice
89ZZSIssue of compliance notice
89ZZTCivil proceedings relating to non-compliance with compliance notice
89ZZUReasonable mistake defence in pecuniary penalty proceedings
89ZZVPecuniary penalties
89ZZWProceedings for pecuniary penalties
89ZZXCriminal liability for knowingly failing to carry out certain obligations
89ZZYDefence to criminal liability for directors
89ZZZRelationship between pecuniary penalties and criminal liability
89ZZZARestriction on indemnities
89ZZZBRestriction on insurance
89ZZZCEffects of subparts 2 and 3 on Crown liability
90Permit holder records and reports
90ADisclosure of information
90BDisclosure and publication of mineral resources and mineral production information
90CProvisions relating to speculative prospectors
90DTreatment of speculative prospecting information purchased or licensed by permit holder
90EProviding information to regulatory agencies
90FConditions that may be imposed on providing information or documents under section 90E
90GRegulatory agency may provide information for purposes of this Act
91Chief executive to keep registers
91ACorrection of errors or omissions
92Permits are not real or personal property
92AEffect of liquidation or loss of registration of company
93Access arrangement does not confer interest
94Officers not to have personal interest
95Address for service
96Service of documents, etc
97Application of monetary deposits
97AChief executive may prescribe form of certain documents
98Gold fossicking areas (Crown land)
98AGold fossicking areas (other land)
99Arbitration
99AAppointment of enforcement officers
99BPowers of enforcement officers
99CApplication for warrant for entry to search
99DApplication of Part 4 of Search and Surveillance Act 2012
99EAuditing
99FPower to require information
99GProtection of persons acting under authority of this Act
99HRoyalties
99IPower to amend royalty returns or make default assessment
99JInterest on unpaid money
99KRight to object to amendment or default assessment
99LRight of appeal
99MStatus of original amendment or default assessment
100Offences
101Penalties
101AInterpretation
101BInterfering with structure or operation in offshore area
101CPowers of enforcement officers
102Liability of principal for acts of agents
103Strict liability
104Recovery of fees and other money
104AInterpretation
104BInfringement offences
104CWho may issue infringement notices
104DWhen infringement notice may be issued
104ERevocation of infringement notice before payment made
104FWhat infringement notice must contain
104GHow infringement notice may be issued to person
104HPayment of infringement fees
104IReminder notices
104JRegulations
104KRelationship between infringement offences and other offences
105Regulations
105ARegulations relating to royalties
105BRegulations not invalid for certain matters
105CRegulations may incorporate material by reference
105DRequirement to consult on proposal to incorporate material by reference
106Savings and transitional provisions
[Repealed]
107Existing privileges to continue [Repealed]
108Administration of existing privileges [Repealed]
109Bonds and monetary deposits [Repealed]
110Fees payable by holders of existing privileges [Repealed]
110AData lodgement requirements in respect of petroleum licences [Repealed]
110BExtension of term of petroleum prospecting licences [Repealed]
111Right to new permits [Repealed]
111ANo application under section 103D of Mining Act 1971 for extension of duration of mining privilege [Repealed]
[Repealed]
112Existing applications under Mining Act 1971 [Repealed]
113Existing applications under Coal Mines Act 1979 [Repealed]
114Existing applications under Petroleum Act 1937 [Repealed]
114APriority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937 [Repealed]
[Repealed]
115Existing agreements regarding land access not affected [Repealed]
[Repealed]
116Notices under section 24 of Mining Act 1971 [Repealed]
117Minister’s obligations in respect of minerals programmes [Repealed]
118Granting of petroleum permits before minerals programme issued [Repealed]
119Restriction on granting of permits [Repealed]
119ANo compensation [Repealed]
120Repeals and revocations [Repealed]
121Consequential amendments [Repealed]
122Savings as to compensation claims [Repealed]
123Savings as to court proceedings [Repealed]
Notes
Title [Repealed]

Title: repealed, on 24 May 2013, by section 4 of the Crown Minerals Amendment Act 2013 (2013 No 14).