Crown Minerals (Decommissioning and Other Matters) Amendment Bill

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Hon Dr Megan Woods

Crown Minerals (Decommissioning and Other Matters) Amendment Bill

Government Bill

47—1

	Explanatory note
1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments to Part 1
4	Section 2 amended (Interpretation)
5	Section 2B amended (Meaning of Tier 1 permit and Tier 2 permit)
6	Section 2C amended (Determination of permit tier status)
7	Section 5 amended (Functions of Minister)
	Part 2 Amendments to other Parts of principal Act
8	Section 29A amended (Process for considering application)
9	Section 32 amended (Right of permit holder to subsequent permits)
10	Section 41 amended (Transfer of interest in permit)
11	Section 41AE amended (When Minister may consent to change of control of permit operator)
12	Section 41C amended (Change of permit operator)
13	Section 41D amended (General provisions relating to transfers, dealings, and changes of permit operator)
14	New subpart 1 heading in Part 1B inserted
		Subpart 1—Permits, access to land, and title notations
15	New cross-heading above section 42 inserted
		Surveys
16	New sections 42B and 42C and cross-headings inserted
		Field development plans in respect of petroleum mining permits and licences
	42B	Field development plans to be submitted to chief executive
		Notice of expected cessation and notice of cessation of petroleum fields
	42C	Notice of expected cessation and notice of cessation
17	New subparts 2 to 5 of Part 1B inserted
		Subpart 2—Decommissioning of petroleum infrastructure and wells
	89A	Application of this subpart
	89B	Relationship between this subpart and other enactments
	89C	Relationship between new sections 42B and 42C, this subpart and existing conditions of permits and licences
	89D	Interpretation
	89E	Decommissioning
	89F	Petroleum infrastructure
	89G	Conditions relating to decommissioning
	89H	Criteria for setting time frames for decommissioning as condition of permit or licence
	89I	Meaning of relevant older petroleum infrastructure
	89J	Meaning of relevant older well
		Decommissioning obligations for petroleum infrastructure
	89K	Obligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure
	89L	Obligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure
	89M	Further obligations on transferors and transferees
	89N	Exceptions to sections 89K and 89L
	89O	When decommissioning obligations of persons under section 89K, 89L, or 89M arise
	89P	Joint and several liability
		Plugging and abandonment of wells
	89Q	What is plugging and abandonment of well
		Decommissioning obligations in relation to wells
	89R	Obligations of permit holders, transferors, and transferees: decommissioning of wells
	89S	Obligations of licence holders, transferors, and transferees: decommissioning of wells
	89T	Further obligations on transferors and transferees
	89U	Exceptions to sections 89R and 89S
	89V	When decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise
	89W	Joint and several liability
		Exemptions and deferrals
	89X	Exemption and deferral powers of Minister
	89Y	Criteria for granting exemption
	89Z	Criteria for grant of deferral
		Ongoing monitoring of financial position
	89ZA	Minister may require information needed to monitor financial position of permit or licence holder
		Financial capability assessments
	89ZB	Minister may assess financial capability to meet decommissioning obligations
	89ZC	Permit and licence holders to provide supporting information
		Asset registers
	89ZD	Asset registers to be submitted to chief executive
		Financial securities
	89ZE	Permit and licence holders must hold 1 or more financial securities
	89ZF	Matters to which Minister must have regard in setting kind and amount of security
	89ZG	Decision of Minister
	89ZH	Alteration of amount secured or kind of security required
	89ZI	Minister must notify required changes in kind of security or amount secured
	89ZJ	Permit holder or licence holder may object to kind of security or amount set or required change to those matters
	89ZK	What happens if permit holder or licence holder makes objection
		Subpart 3—Post-decommissioning obligations
	89ZL	Application of this subpart
	89ZM	Relationship between this subpart and other enactments and permit or licence conditions
	89ZN	Interpretation
	89ZO	Post-decommissioning obligations
	89ZP	Minister to set amount
	89ZQ	When payment is due
	89ZR	Other duties of chief executive
	89ZS	Other duties of Minister
		Exemptions
	89ZT	Exemption powers of Minister
	89ZU	Criteria for granting exemption
		Subpart 4—Enforcement, remedies, and appeals
	89ZV	Application of this subpart
	89ZW	Chief executive or enforcement officer may accept enforceable undertakings
	89ZX	Notice of decision and reasons for decision
	89ZY	When enforceable undertaking is enforceable
	89ZZ	Compliance with enforceable undertaking
	89ZZA	Contravention of enforceable undertaking
	89ZZB	Withdrawal or variation of enforceable undertaking
	89ZZC	Proceedings for alleged contravention
		Compliance notices
	89ZZD	Power to issue compliance notices
	89ZZE	Content of compliance notices
	89ZZF	Compliance with compliance notice
	89ZZG	Extension of time for compliance with compliance notices
		General provisions
	89ZZH	General provisions relating to compliance notices
	89ZZI	Changes to notice by chief executive or enforcement officer
	89ZZJ	Chief executive or enforcement officer may vary or cancel compliance notice
	89ZZK	Formal irregularities or defects in compliance notice
	89ZZL	Issue of compliance notice
		Civil proceedings for non-compliance with compliance notices
	89ZZM	Civil proceedings relating to non-compliance with compliance notice
		Pecuniary penalties
	89ZZN	Reasonable mistake defence in pecuniary penalty proceedings
	89ZZO	Pecuniary penalties
	89ZZP	Proceedings for pecuniary penalties
		Criminal liability for knowingly failing to carry out certain obligations
	89ZZQ	Criminal liability for knowingly failing to carry out certain obligations
	89ZZR	Defence to criminal liability for directors
		Relationship between pecuniary penalties and criminal liability
	89ZZS	Relationship between pecuniary penalties and criminal liability
		Restrictions on indemnities and insurance
	89ZZT	Restriction on indemnities
	89ZZU	Restriction on insurance
18	New subpart heading inserted
		Subpart 5—Offences and miscellaneous
19	Section 90 amended (Permit holder records and reports)
20	Section 90A amended (Disclosure of information)
21	Section 99C amended (Application for warrant for entry to search)
22	Section 100 amended (Offences)
23	Section 101A amended (Interpretation)
24	New sections 104A to 104J inserted
	104A	Interpretation
	104B	Infringement offences
	104C	Who may issue infringement notices
	104D	When infringement notice may be issued
	104E	Revocation of infringement notice before payment made
	104F	What infringement notice must contain
	104G	How infringement notice may be issued to person
	104H	Payment of infringement fees
	104I	Reminder notices
	104J	Regulations
25	Section 105 amended (Regulations)
26	Schedule 1 amended
27	Enactments consequentially amended
	Schedule 1 New Part 4 inserted into Schedule 1
	Schedule 2 Consequential amendments

The Parliament of New Zealand enacts as follows:

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