Crown Minerals (Decommissioning and Other Matters) Amendment Bill

  • enacted

Hon Dr Megan Woods

Crown Minerals (Decommissioning and Other Matters) Amendment Bill

Government Bill

47—3

Contents

Key
1Title
2Commencement
3Principal Act
Part 1
Amendments to Part 1
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)
Part 2
Amendments to other Parts of principal Act
8Section 29A amended (Process for considering application)
9Section 32 amended (Right of permit holder to subsequent permits)
9ASection 36 amended (Change to permit)
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
Subpart 1—Permits, access to land, and title notations
15New cross-heading above section 42 inserted
Surveys
16New sections 42B and 42C and cross-headings inserted
Field development plans in respect of petroleum mining permits and licences
42BField development plans to be submitted to chief executive
Notice of expected cessation and notice of cessation of petroleum fields
42CNotice of expected cessation and notice of cessation
17New subparts 2 to 5 of Part 1B inserted
Subpart 2—Decommissioning of petroleum infrastructure and wells
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
89IMeaning of relevant older petroleum infrastructure
89JMeaning of relevant older well
Decommissioning obligations for petroleum infrastructure
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 and Minister
89NExtent of liability of former permit and licence holders under sections 89K(2) and 89L(2)
89OWhen decommissioning obligations of persons under section 89K, 89L, or 89M arise
89OACriteria for agreeing or setting time frames for decommissioning
89PJoint and several liability
Plugging and abandonment of wells
89QWhat is plugging and abandonment of well
Decommissioning obligations in relation to wells
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
89VACriteria for agreeing or setting time frames for decommissioning of wells
89WJoint and several liability
Exemptions and deferrals
89XExemption and deferral powers of Minister
89YCriteria for granting exemption
89ZCriteria for grant of deferral
Reporting requirements
89ZAAASubpart 2 decommissioning plan
89ZAABDecommissioning cost estimate
89ZAACAsset registers to be submitted to chief executive
89ZAADDecommissioning completion report
Ongoing monitoring of financial position
89ZAPermit and licence holders must provide information needed to monitor financial position
Financial capability assessments
89ZBMinister may assess financial capability to meet decommissioning obligations
89ZBACriteria for considering whether to carry out financial capability assessment
89ZBBProcess for carrying out financial capability assessment
89ZBCMinister must notify outcome of financial capability assessment
89ZCRelevant persons must provide supporting information
Financial securities
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
Subpart 3—Post-decommissioning obligations
89ZLApplication of this subpart
89ZMRelationship between this subpart and other enactments and permit or licence conditions
89ZNInterpretation
89ZOPost-decommissioning obligations
89ZPMatters for Minister to consider
89ZQWhen payment is due or financial security must be obtained Details of payment or financial security
89ZROther duties of chief executive
89ZSOther duties of Minister
Exemptions
89ZTExemption powers of Minister
89ZUCriteria for granting exemption
Subpart 4—Enforcement, remedies, and appeals
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
Compliance notices
89ZZDPower to issue compliance notices
89ZZEContent of compliance notices
89ZZFCompliance with compliance notice
89ZZGExtension of time for compliance with compliance notices
General provisions
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
Civil proceedings for non-compliance with compliance notices
89ZZMCivil proceedings relating to non-compliance with compliance notice
Pecuniary penalties
89ZZNReasonable mistake defence in pecuniary penalty proceedings
89ZZOPecuniary penalties
89ZZPProceedings for pecuniary penalties
Criminal liability for knowingly failing to carry out certain obligations
89ZZQCriminal liability for knowingly failing to carry out certain obligations
89ZZRDefence to criminal liability for directors
Relationship between pecuniary penalties and criminal liability
89ZZSRelationship between pecuniary penalties and criminal liability
Restrictions on indemnities and insurance
89ZZTRestriction on indemnities
89ZZURestriction on insurance
Subpart 5—Crown liability
89ZZVEffects of subparts 2 and 3 on Crown liability
18New subpart 6 heading in Part 1B inserted
Subpart 6—Offences and miscellaneous
19Section 90 amended (Permit holder records and reports)
20Section 90A amended (Disclosure of information)
20ASection 97 amended (Application of monetary deposits)
21Section 99C amended (Application for warrant for entry to search)
22Section 100 amended (Offences)
23Section 101A amended (Interpretation)
24New sections 104A to 104K 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
104KRelationship between infringement offences and other offences
25Section 105 amended (Regulations)
26Schedule 1 amended
27Enactments 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: