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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—3
Contents
Key
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)
9A
Section 36 amended (Change to permit)
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 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
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 and Minister
89N
Extent of liability of former permit and licence holders under
sections 89K(2) and 89L(2)
89O
When decommissioning obligations of persons under
section 89K, 89L, or 89M
arise
89OA
Criteria for agreeing or setting time frames for decommissioning
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 and Minister
89U
Extent of liability of former permit and licence holders under
sections 89R and 89S
89V
When decommissioning obligations of permit holders, licence holders, and other persons under
section 89R, 89S, or 89T
arise
89VA
Criteria for agreeing or setting time frames for decommissioning of wells
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
Reporting requirements
89ZAAA
Subpart 2
decommissioning plan
89ZAAB
Decommissioning cost estimate
89ZAAC
Asset registers to be submitted to chief executive
89ZAAD
Decommissioning completion report
Ongoing monitoring of financial position
89ZA
Permit and licence holders must provide information needed to monitor financial position
Financial capability assessments
89ZB
Minister may assess financial capability to meet decommissioning obligations
89ZBA
Criteria for considering whether to carry out financial capability assessment
89ZBB
Process for carrying out financial capability assessment
89ZBC
Minister must notify outcome of financial capability assessment
89ZC
Relevant persons must provide supporting information
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
Matters for Minister to consider
89ZQ
When payment is due or financial security must be obtained
Details of payment or financial security
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
Subpart 5—Crown liability
89ZZV
Effects of
subparts 2 and 3
on Crown liability
18
New subpart 6 heading in Part 1B inserted
Subpart 6—Offences and miscellaneous
19
Section 90 amended (Permit holder records and reports)
20
Section 90A amended (Disclosure of information)
20A
Section 97 amended (Application of monetary deposits)
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 104K 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
104K
Relationship between infringement offences and other offences
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
Legislative history
The Parliament of New Zealand enacts as follows: