Crown Minerals Act 1991

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Changes to permits

Heading: inserted, on 24 May 2013, by section 28 of the Crown Minerals Amendment Act 2013 (2013 No 14).

36 Change to permit

(1)

The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit—

(a)

with the prior written consent of the permit holder; or

(b)

on the written application of the permit holder; or

(c)

in the manner, if any, provided in the permit.

(2)

A change to a permit may do 1 or more of the following:

(a)

amend the conditions of the permit:

(b)

extend the land to which the permit relates:

(c)

change the minerals to which the permit relates:

(d)

extend the duration of the permit.

(2A)

However, the land to which a permit for petroleum relates cannot be extended to include any land outside the onshore Taranaki region.

(3)

An application under subsection (1)(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 of Part 1B, or the holder of a permit relating to minerals to complete rehabilitation work.

(4)

An application under subsection (1)(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 of Part 1B, or the holder of a permit relating to minerals to complete rehabilitation work, must be received by the Minister not later than 6 months before the expiry of the permit.

(4A)

However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister.

(4B)

All other applications under subsection (1)(b) must be received by the Minister not later than 90 days before—

(a)

the expiry date of the permit; or

(b)

in the case of an application to change the specified date by which specified work must be carried out, the specified date; or

(c)

in the case of an application to change the specified work that must be carried out by a specified date, the specified date.

(4C)

However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done).

(4D)

If a permit holder makes an application to which subsection (4B)(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition—

(a)

must be complied with or fulfilled while the application is being considered by the Minister; and

(b)

is not complied with or fulfilled while the application is being considered by the Minister.

(4E)

However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled.

(5)

Subject to subsection (5AA), the duration of a mining permit may not be extended under this section unless the permit holder—

(a)

satisfies the Minister that the discovery to which the permit relates cannot be economically depleted before the expiry date of the permit (and in this respect the Minister may consider the extent to which the inability to deplete the discovery during the term of the permit is due to causes or reasons beyond the permit holder’s control); and

(b)

where required to do so by the Minister, submits a work programme which is approved by the Minister in the same manner, with any necessary modifications, as a work programme is approved under section 43—

and any such extension shall be only for such period as the Minister considers reasonable to enable the permit holder to economically deplete the discovery.

(5AA)

The duration of any permit may be extended,—

(a)

if the permit relates to petroleum, to enable the permit holder to complete their decommissioning obligations under subpart 2 of Part 1B:

(b)

if the permit relates to minerals, to enable the permit holder to complete rehabilitation work.

(5A)

A permit that is the subject of an application for an extension of duration under this section or section 35A continues in force until the Minister determines the application.

(5B)

On the granting of a certificate of change in relation to a permit, the chief executive must forward 1 copy of the certificate of change to the permit holder.

(5C)

If the certificate of change is for an extension of land to which a permit relates and that extension of land was granted in respect of Māori land, the chief executive must also forward 1 copy of the certificate to the Registrar of the Māori Land Court.

(5D)

On receiving a copy of a certificate of change under subsection (5C), the Registrar of the Māori Land Court must enter in his or her records the particulars of that certificate.

(6)

Every application under this section shall be in the form and contain the information required by the Minister in that case.

Section 36(1): replaced, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(2): replaced, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(2A): inserted, on 13 November 2018, by section 8 of the Crown Minerals (Petroleum) Amendment Act 2018 (2018 No 49).

Section 36(3): replaced, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(3): amended, on 2 December 2021, by section 10(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).

Section 36(4): replaced, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(4): amended, on 2 December 2021, by section 10(2) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).

Section 36(4A): replaced, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(4B): inserted, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(4C): inserted, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(4D): inserted, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(4E): inserted, on 24 May 2013, by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(5): amended, on 2 December 2021, by section 10(3) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).

Section 36(5AA): inserted, on 2 December 2021, by section 10(4) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).

Section 36(5)(a): amended, on 24 May 2013, by section 29(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(5A): inserted, on 21 August 2003, by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).

Section 36(5A): amended, on 24 May 2013, by section 29(3) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(5B): inserted, on 21 August 2003, by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).

Section 36(5B): amended, on 24 May 2013, by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(5C): inserted, on 21 August 2003, by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).

Section 36(5C): amended, on 24 May 2013, by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 36(5D): inserted, on 21 August 2003, by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).