Crown Minerals (Decommissioning and Other Matters) Amendment Bill

Hon Dr Megan Woods

Crown Minerals (Decommissioning and Other Matters) Amendment Bill

Government Bill

47—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5Section 2B amended (Meaning of Tier 1 permit and Tier 2 permit)
6Section 2C amended (Determination of permit tier status)
7Section 5 amended (Functions of Minister)
8Section 29A amended (Process for considering application)
9Section 32 amended (Right of permit holder to subsequent permits)
10Section 41 amended (Transfer of interest in permit)
11Section 41AE amended (When Minister may consent to change of control of permit operator)
12Section 41C amended (Change of permit operator)
13Section 41D amended (General provisions relating to transfers, dealings, and changes of permit operator)
14New subpart 1 heading in Part 1B inserted
15New cross-heading above section 42 inserted
16New sections 42B and 42C and cross-headings inserted
42BField development plans to be submitted to chief executive
42CNotice of expected cessation and notice of cessation
17New subparts 2 to 5 of Part 1B inserted
89AApplication of this subpart
89BRelationship between this subpart and other enactments
89CRelationship between new sections 42B and 42C, this subpart and existing conditions of permits and licences
89DInterpretation
89EDecommissioning
89FPetroleum infrastructure
89GConditions relating to decommissioning
89HCriteria for setting time frames for decommissioning as condition of permit or licence
89IMeaning of relevant older petroleum infrastructure
89JMeaning of relevant older well
89KObligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure
89LObligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure
89MFurther obligations on transferors and transferees
89NExceptions to sections 89K and 89L
89OWhen decommissioning obligations of persons under section 89K, 89L, or 89M arise
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
89UExceptions to sections 89R and 89S
89VWhen decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise
89WJoint and several liability
89XExemption and deferral powers of Minister
89YCriteria for granting exemption
89ZCriteria for grant of deferral
89ZAMinister may require information needed to monitor financial position of permit or licence holder
89ZBMinister may assess financial capability to meet decommissioning obligations
89ZCPermit and licence holders to provide supporting information
89ZDAsset registers to be submitted to chief executive
89ZEPermit and licence holders must hold 1 or more financial securities
89ZFMatters to which Minister must have regard in setting kind and amount of security
89ZGDecision of Minister
89ZHAlteration of amount secured or kind of security required
89ZIMinister must notify required changes in kind of security or amount secured
89ZJPermit holder or licence holder may object to kind of security or amount set or required change to those matters
89ZKWhat happens if permit holder or licence holder makes objection
89ZLApplication of this subpart
89ZMRelationship between this subpart and other enactments and permit or licence conditions
89ZNInterpretation
89ZOPost-decommissioning obligations
89ZPMinister to set amount
89ZQWhen payment is due
89ZROther duties of chief executive
89ZSOther duties of Minister
89ZTExemption powers of Minister
89ZUCriteria for granting exemption
89ZVApplication of this subpart
89ZWChief executive or enforcement officer may accept enforceable undertakings
89ZXNotice of decision and reasons for decision
89ZYWhen enforceable undertaking is enforceable
89ZZCompliance with enforceable undertaking
89ZZAContravention of enforceable undertaking
89ZZBWithdrawal or variation of enforceable undertaking
89ZZCProceedings for alleged contravention
89ZZDPower to issue compliance notices
89ZZEContent of compliance notices
89ZZFCompliance with compliance notice
89ZZGExtension of time for compliance with compliance notices
89ZZHGeneral provisions relating to compliance notices
89ZZIChanges to notice by chief executive or enforcement officer
89ZZJChief executive or enforcement officer may vary or cancel compliance notice
89ZZKFormal irregularities or defects in compliance notice
89ZZLIssue of compliance notice
89ZZMCivil proceedings relating to non-compliance with compliance notice
89ZZNReasonable mistake defence in pecuniary penalty proceedings
89ZZOPecuniary penalties
89ZZPProceedings for pecuniary penalties
89ZZQCriminal liability for knowingly failing to carry out certain obligations
89ZZRDefence to criminal liability for directors
89ZZSRelationship between pecuniary penalties and criminal liability
89ZZTRestriction on indemnities
89ZZURestriction on insurance
18New subpart heading inserted
19Section 90 amended (Permit holder records and reports)
20Section 90A amended (Disclosure of information)
21Section 99C amended (Application for warrant for entry to search)
22Section 100 amended (Offences)
23Section 101A amended (Interpretation)
24New sections 104A to 104J inserted
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
25Section 105 amended (Regulations)
26Schedule 1 amended
27Enactments consequentially amended

The Parliament of New Zealand enacts as follows: