Crown Minerals (Minerals Other than Petroleum) Regulations 2007

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Reprint as at 1 September 2017

Crown Minerals (Minerals Other than Petroleum) Regulations 2007

(SR 2007/399)

Regulations name: amended, on 24 May 2013, by regulation 4(1)(a) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 17th day of December 2007

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 105(1) of the Crown Minerals Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
4	Definition of map
5	Definition of permit area
	Part 1 Matters relating to documents and other required information
6	Signing of documents
7	Form of documents if not prescribed by chief executive
	Format requirements [Revoked]
8	Written documents [Revoked]
9	Documents must be provided to the Secretary electronically [Revoked]
10	Form specified or described on website is acceptable to Secretary [Revoked]
11	Secretary may dispense with regulation 9 requirements [Revoked]
	Extensions and exemptions [Revoked]
12	Permit holder may apply for extension of time within which document or thing must be provided
13	Permit holder may apply for exemption from requirement to provide document or thing
	Prescribed forms [Revoked]
14	Prescribed forms [Revoked]
	Survey for purposes of section 29 of Act [Revoked]
15	Survey for purposes of section 29 of Act
15A	Prescribed information for purposes of section 90B(1) of Act
	Part 2 Applications and notices
	Permit applications
16	Application for prospecting permit
17	Application for exploration permit (unless allocated by public tender)
18	Application for mining permit (unless allocated by public tender or for special purpose mining activity)
19	Application for mining permit for special purpose mining activity
20	Application to change minerals to which prospecting or exploration permit relates
21	Application to extend land to which prospecting or exploration permit relates
22	Application to change minerals to which mining permit relates
23	Application to extend land to which mining permit relates
24	Application to extend duration of prospecting permit
25	Application to extend duration of mining permit
26	Application to extend duration of exploration permit (unless for purpose of discovery appraisal)
27	Application to extend duration of exploration permit for purpose of discovery appraisal
28	Application and notices to transfer, deal with, etc, permits
29	Application to amend conditions of permit
	Notices [Revoked]
30	Application for surrender of permit
	Notices
31	Notice of access arrangement
32	Notice of appeal against increase in bonds or monetary deposit
	Part 3 Reports, records, samples, and related matters
33	Permit holder must supply chief executive with reports and records on prospecting, exploration, and mining activities
34	Reports and records must be complete
	Annual reports
35	Annual summary report on prospecting and exploration activities
36	Special report on prospecting or exploration activities
37	Annual report on expenditure on prospecting and exploration activities
38	Annual report on mining activities under Tier 1 mining permits
39	Annual report on mining activities under Tier 2 permits
	Reports and other documents on expiry or surrender of permit
40	Reports and other documents on expiry or surrender of permit
41	Reports and other documents required on revocation of permit
42	Reports and other documents required if permit area partially surrendered or relinquished
	Core and samples
43	Core and samples
	Reports relating to royalties
43A	Reports relating to royalties
	Part 4 Miscellaneous
44	Publication of information supplied to chief executive
	Transitional provisions
45	Interpretation
46	Annual summary reports on prospecting and exploration activities
47	Annual reports on expenditure on prospecting and exploration activities
	Royalty payments, statements, and returns: Other minerals programmes [Revoked]
48	Annual report on mining activities under Tier 1 mining permits
49	Annual report on mining activities under Tier 2 mining permits
50	Final royalty return and payment: other minerals programme [Revoked]
51	Accountant or auditor statement for purposes of annual or final royalty return: other minerals programme [Revoked]
	Regulation that applies to all royalty returns [Revoked]
52	Permit holder must keep documents verifying royalty returns [Revoked]
	Part 5 Miscellaneous [Revoked]
53	Crown Minerals (Minerals and Coal) Regulations 1999 revoked [Revoked]
	Transitional provisions [Revoked]
54	Permit applications received but not determined before regulations commence [Revoked]
55	Annual summary reports on prospecting and exploration [Revoked]
56	Annual reports on expenditure on prospecting and exploration [Revoked]
57	Permit holders electing to move to 2008 minerals programme [Revoked]
	Schedule 1 Forms [Revoked]
	Schedule 2 Information to accompany certain permit applications
	Schedule 3 Information to be included in certain applications
	Schedule 4 Information to be included in reports on survey undertaken in respect of prospecting, exploration, or mining permit
	Schedule 5 Specifications for preparation and supply of core and samples
	Schedule 6 Information required to be supplied with royalty statements and royalty returns: 2008 minerals programme [Revoked]
	Schedule 7 Information required to be supplied with royalty returns: Other minerals programme [Revoked]
	Gazette Information
	Reprint notes

Regulations

1 Title

These regulations are the Crown Minerals (Minerals Other than Petroleum) Regulations 2007.

Regulation 1: amended, on 24 May 2013, by regulation 4(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

2 Commencement

These regulations come into force on 1 February 2008.

3 Interpretation

(1)

In these regulations, unless the context requires another meaning,—

2008 minerals programme means the Minerals Programme for Minerals (Excluding Petroleum) 2008

Act means the Crown Minerals Act 1991

calendar year means a period of 12 months ending with 31 December

Canadian National Instrument means the Canadian National Instrument 43-101 Standards of Disclosure for Mineral Projects

co-ordinates means—

(a)

latitude and longitude values and their geodetic datum; or

(b)

eastings and northings and their geodetic datum and projection

document means—

(a)

any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—

(i)

a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:

(ii)

a book, record, report, return, map, plan, graph, or drawing:

(iii)

a photograph, film, or negative; and

(b)

information electronically recorded or stored, and information derived from that information

form prescribed by the chief executive includes, where applicable, also in the manner prescribed by the chief executive

JORC Code means the 2012 edition of the code issued by the Joint Ore Reserves Committee that comprises representatives of the Australasian Institute of Mining and Metallurgy, the Australian Institute of Geoscientists, and the Minerals Council of Australia

Minister means the Minister of Energy and Resources

particulars means a person’s full name, address for service, email address, and contact telephone number

permit means a permit other than a permit in respect of petroleum

permit area has the meaning set out in regulation 5

prescribed fee means the fee payable under the Crown Minerals (Minerals Fees) Regulations 2006

reference number, in relation to a permit, means any unique identifying number for the permit that the chief executive may allocate to it for the purposes of section 91 of the Act

South African Code means the South African Code for Reporting of Exploration Results, Mineral Resources and Mineral Reserves (2007 edition as amended in July 2009)

survey means a survey, investigation, or specialised study undertaken in relation to a permit area or samples from a permit area

Tier 1 exploration permit means an exploration permit that falls within the definition of Tier 1 permit

Tier 1 mining permit means a mining permit that falls within the definition of Tier 1 permit

Tier 1 permit has the same meaning as in section 2B(1) of the Act

Tier 2 mining permit means a mining permit that falls within the definition of Tier 2 permit

Tier 2 permit has the same meaning as in section 2B(2) of the Act.

(2)

Unless the context otherwise requires, any term used but not defined in these regulations, but defined in the Act, has the same meaning as in the Act.

Regulation 3(1) 2007 minerals programme: revoked, on 11 June 2009, by regulation 4(2) of the Crown Minerals (Minerals and Coal) Amendment Regulations 2009 (SR 2009/127).

Regulation 3(1) 2008 minerals programme: inserted, on 11 June 2009, by regulation 4(1) of the Crown Minerals (Minerals and Coal) Amendment Regulations 2009 (SR 2009/127).

Regulation 3(1) ad valorem royalty: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) calendar year: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Canadian National Instrument: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) current year: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) form prescribed by the chief executive: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) JORC Code: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Minister: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) net sales revenue: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) other minerals programme: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) past year: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) permit: inserted, on 11 June 2009, by regulation 4(1) of the Crown Minerals (Minerals and Coal) Amendment Regulations 2009 (SR 2009/127).

Regulation 3(1) reference number: amended, on 24 May 2013, by regulation 42(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) specific rate royalty: revoked, on 24 May 2013, by regulation 5(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) South African Code: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Tier 1 exploration permit: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Tier 1 mining permit: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Tier 1 permit: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Tier 2 mining permit: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 3(1) Tier 2 permit: inserted, on 24 May 2013, by regulation 5(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

4 Definition of map

In these regulations, unless the context otherwise requires, map,—

(a)

in relation to a permit area, means a map or plan of the area (in terms of an official projection approved, for the time being, by the Surveyor-General) that—

(i)

locates and defines the boundaries of the permit area; and

(ii)

enables the boundaries of the permit area to be accurately located and relocated; and

(iii)

identifies any enclaves (being areas of land within the boundaries of the permit area that, for the purposes of the permit, are to be treated as being excluded from the permit area); and

(iv)

if the permit area abuts an existing permit area, coastline, or sovereign, territorial, or other boundary, identifies the source and definition of the boundary and the extent of it; and

(v)

satisfies the requirements of paragraph (b); and

(vi)

complies with any other express requirements in these regulations:

(b)

in any other case, means a map or plan that includes—

(i)

a graticule relating to the co-ordinates used; and

(ii)

a scale that uses an appropriate standard metric representative fraction or a metric graphic bar scale; and

(iii)

direction or compass indicators; and

(iv)

title and reference information, including—

(A)

a note identifying the datum and projection used for the map or plan; and

(B)

a descriptive title; and

(C)

the publisher’s name and the place and date of the map’s or plan’s publication; and

(D)

the source and currency of any reference, derived, or interpreted data (for example, cadastral, topographic, or photographic data); and

(E)

a legend; and

(v)

any relevant permit area boundaries; and

(vi)

any other information that will aid in the relocation of the area to which the map or plan relates.

5 Definition of permit area

(1)

In these regulations, permit area, in relation to an application for a permit, means the broken or unbroken area to which the application relates, defined using 1 or more of the following descriptors:

(a)

co-ordinates of the boundaries:

(b)

land parcels:

(c)

bearings, distances, or both, from a fixed point (for example, a trig station) in terms of a specified projection:

(d)

geographical features (for example, a river edge or mountain peak):

(e)

coastline, sovereign, territorial, or other boundaries:

(f)

any other descriptor acceptable to the chief executive.

(2)

In these regulations permit area, other than in relation to an application for a permit area, means the broken or unbroken area in relation to which a permit holder has been granted a permit, defined using 1 or more of the following descriptors:

(a)

co-ordinates of the boundaries:

(b)

land parcels:

(c)

bearings, distances, or both, from a fixed point (for example, a trig station) in terms of a specified projection:

(d)

geographical features (for example, a river edge or mountain peak):

(e)

coastline, sovereign, territorial, or other boundaries:

(f)

any other descriptor acceptable to the chief executive.

Regulation 5(1)(f): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 5(2)(f): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Part 1 Matters relating to documents and other required information

Part 1 heading: replaced, on 24 May 2013, by regulation 6 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

6 Signing of documents

(1)

An application made by 2 or more persons in respect of a permit under these regulations, and any other document required to be signed that is part of the application, must be signed by—

(a)

each person; or

(b)

a person authorised to sign on behalf of each person.

(2)

A document required to be signed by a permit holder under these regulations must, if the permit holder comprises 2 or more permit participants, be signed by—

(a)

each permit participant; or

(b)

a person authorised to sign on behalf of each permit participant.

(3)

A document that is required to be signed under these regulations may be signed in accordance with section 226 of the Contract and Commercial Law Act 2017.

Regulation 6(2): replaced, on 24 May 2013, by regulation 7 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 6(3): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).

7 Form of documents if not prescribed by chief executive

(1)

This regulation applies if any information, document, or other thing must be provided in a form prescribed by the chief executive and no such form has been prescribed.

(2)

The information, document, or other thing must nevertheless be provided in a form and in a manner acceptable to the chief executive.

Regulation 7: replaced, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Format requirements[Revoked]

Heading: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

8 Written documents

[Revoked]

Regulation 8: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

9 Documents must be provided to the Secretary electronically

[Revoked]

Regulation 9: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

10 Form specified or described on website is acceptable to Secretary

[Revoked]

Regulation 10: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

11 Secretary may dispense with regulation 9 requirements

[Revoked]

Regulation 11: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Extensions and exemptions[Revoked]

Heading: revoked, on 24 May 2013, by regulation 8 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

12 Permit holder may apply for extension of time within which document or thing must be provided

(1)

A permit holder may apply to the chief executive, in writing, to extend the period of time within which the permit holder must provide to the chief executive any document or thing under these regulations.

(2)

The chief executive must—

(a)

grant the application (on any terms that he or she thinks fit); or

(b)

reject the application.

(3)

[Revoked]

Regulation 12(1): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 12(2): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 12(3): revoked, on 24 May 2013, by regulation 9 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

13 Permit holder may apply for exemption from requirement to provide document or thing

(1)

A permit holder may apply to the chief executive, in writing, for an exemption from providing to the chief executive any document or thing required to be provided by the permit holder to the chief executive under these regulations.

(2)

The chief executive must—

(a)

grant the application if he or she is satisfied that it is not reasonable or practicable for the permit holder to supply the document or thing; or

(b)

reject the application.

(3)

This regulation does not apply to any document or thing to be provided under regulations 20 to 30.

Regulation 13(1): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 13(2): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 13(3): amended, on 24 May 2013, by regulation 10 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Prescribed forms[Revoked]

Heading: revoked, on 24 May 2013, by regulation 11 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

14 Prescribed forms

[Revoked]

Regulation 14: revoked, on 24 May 2013, by regulation 11 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Survey for purposes of section 29 of Act[Revoked]

Heading: revoked, on 24 May 2013, by regulation 11 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

15 Survey for purposes of section 29 of Act

A survey for the purposes of section 29 of the Act must comply with the requirements of any rules made by the Surveyor-General under section 49(1) of the Cadastral Survey Act 2002.

15A Prescribed information for purposes of section 90B(1) of Act

The following is prescribed information for the purposes of section 90B(1) of the Act:

(a)

information provided under regulation 35(2)(b) as it relates to items 3 and 5 of Part 6 of Schedule 4:

(b)

information provided under regulation 38(2)(b) as it relates to items 3, 4, 9, and 10 of Part 8 of Schedule 4:

(c)

information provided under regulation 39(3) as it relates to items 3 to 5 of Part 9 of Schedule 4.

Regulation 15A: inserted, on 24 May 2013, by regulation 12 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Part 2 Applications and notices

Permit applications

16 Application for prospecting permit

(1)

An application to the chief executive under section 23A of the Act for a prospecting permit must be in the form prescribed by the chief executive and be signed by the applicant.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 1 of Schedule 2.

Regulation 16(1): amended, on 24 May 2013, by regulation 13 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

17 Application for exploration permit (unless allocated by public tender)

(1)

An application to the chief executive under section 23A of the Act for an exploration permit must be in the form prescribed by the chief executive and be signed by the applicant.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 2 of Schedule 2.

(3)

This regulation does not apply to any process by which a permit is offered for allocation by public tender under section 24 of the Act.

Regulation 17(1): amended, on 24 May 2013, by regulation 14 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

18 Application for mining permit (unless allocated by public tender or for special purpose mining activity)

(1)

An application to the chief executive under section 23A of the Act for a mining permit must be in the form prescribed by the chief executive and be signed by the applicant.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 3 of Schedule 2.

(3)

This regulation does not apply to—

(a)

any process by which a mining permit is offered for allocation by public tender under section 24 of the Act; or

(b)

an application for a special purpose mining permit.

Regulation 18 heading: amended, on 24 May 2013, by regulation 15(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 18(1): amended, on 24 May 2013, by regulation 15(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

19 Application for mining permit for special purpose mining activity

(1)

An application to the chief executive under section 23A of the Act for a mining permit for a special purpose mining activity must be in the form prescribed by the chief executive and be signed by the applicant.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

a map of the permit area (being an area of no more than 5 hectares); and

(c)

a statement of why the permit is being sought that includes—

(i)

a description of the historical mining methods that the applicant proposes to demonstrate; and

(ii)

evidence that the applicant has the machinery or equipment necessary to do so (including photographic evidence); and

(iii)

[Revoked]

(d)

if the application is on behalf of 2 or more persons, an explanation of each person’s interest in the permit and the proposed permit operator for the permit.

Regulation 19 heading: replaced, on 24 May 2013, by regulation 16(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 19(1): amended, on 24 May 2013, by regulation 16(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 19(2)(c)(iii): revoked, on 24 May 2013, by regulation 16(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 19(2)(d): amended, on 24 May 2013, by regulation 16(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

20 Application to change minerals to which prospecting or exploration permit relates

(1)

An application to the Minister under section 36(1) of the Act to change the minerals to which a prospecting permit or an exploration permit relates must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 1 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 20 heading: amended, on 24 May 2013, by regulation 17(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 20(1): amended, on 24 May 2013, by regulation 17(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 20(1)(b): replaced, on 24 May 2013, by regulation 17(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 20(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

21 Application to extend land to which prospecting or exploration permit relates

(1)

An application to the Minister under section 36(1) of the Act to extend the land to which a prospecting permit or an exploration permit relates must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 2 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 21(1)(b): replaced, on 24 May 2013, by regulation 18 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 21(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

22 Application to change minerals to which mining permit relates

(1)

An application to the Minister under section 36(1) of the Act to change the minerals to which a mining permit relates must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 3 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 22 heading: amended, on 24 May 2013, by regulation 19(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 22(1): amended, on 24 May 2013, by regulation 19(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 22(1)(b): replaced, on 24 May 2013, by regulation 19(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 22(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

23 Application to extend land to which mining permit relates

(1)

An application to the Minister under section 36(1) of the Act to extend the land to which a mining permit relates must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 4 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 23(1)(b): replaced, on 24 May 2013, by regulation 20 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 23(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

24 Application to extend duration of prospecting permit

(1)

An application to the Minister under section 36(1) of the Act to extend the duration of a prospecting permit must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 5 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 24(1)(b): replaced, on 24 May 2013, by regulation 21 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 24(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

25 Application to extend duration of mining permit

(1)

An application to the Minister under section 36(1) of the Act to extend the duration of a mining permit must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 6 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 25(1)(b): replaced, on 24 May 2013, by regulation 22 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 25(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

26 Application to extend duration of exploration permit (unless for purpose of discovery appraisal)

(1)

An application to the Minister under section 36(1) of the Act to extend the duration of an exploration permit for an area of unbroken land must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 7 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

(4)

This regulation does not apply to an application under section 35A of the Act to extend the duration of an exploration permit for an area of unbroken land for the purpose of appraising a discovery.

Regulation 26 heading: amended, on 24 May 2013, by regulation 23(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 26(1): amended, on 24 May 2013, by regulation 23(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 26(1)(b): replaced, on 24 May 2013, by regulation 23(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 26(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 26(4): amended, on 24 May 2013, by regulation 23(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

27 Application to extend duration of exploration permit for purpose of discovery appraisal

(1)

An application to the Minister under section 35A of the Act to extend the duration of an exploration permit for the purpose of appraising a discovery must be—

(a)

signed by the permit holder; and

(b)

in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information described in Part 8 of Schedule 3.

(3)

The application and accompanying material must be lodged with the chief executive.

Regulation 27(1): amended, on 24 May 2013, by regulation 24(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 27(1)(b): replaced, on 24 May 2013, by regulation 24(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 27(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

28 Application and notices to transfer, deal with, etc, permits

(1)

This regulation applies to the following applications and notices:

(a)

an application to transfer all or part of a participating interest in a permit under section 41 of the Act:

(b)

a notice of change of control of permit participant or guarantor under section 41A of the Act:

(c)

an application for consent to a dealing with the permit under section 41B of the Act:

(d)

an application for consent to a change of permit operator under section 41C of the Act.

(2)

An application or notice must—

(a)

be signed by the permit holder or permit participant, as the case may be; and

(b)

be in the form prescribed by the chief executive.

(3)

The application or notice must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

the information required under section 41, 41A, 41B, or 41C, as the case may be.

(4)

The application or notice and accompanying material must be lodged with the chief executive.

Regulation 28: replaced, on 24 May 2013, by regulation 25 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

29 Application to amend conditions of permit

(1)

An application to the Minister under section 36(1) of the Act for his or her consent to amend 1 or more conditions of a permit must—

(a)

be in writing and signed by the permit holder concerned; and

(b)

be lodged with the chief executive; and

(c)

include the following information:

(i)

the reference number of the permit; and

(ii)

details of the proposed amendment or amendments to the permit conditions; and

(iii)

the reasons why, in the permit holder’s opinion, the Minister should amend the permit condition or conditions.

(2)

The application must be accompanied by—

(a)

the prescribed fee or evidence of it having been paid; and

(b)

any other information relevant to the application (including any maps, diagrams, cross-sections, or reports).

Regulation 29(1)(b): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Notices[Revoked]

Heading: revoked, on 24 May 2013, by regulation 26 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

30 Application for surrender of permit

(1)

An application to the chief executive under section 40(1) of the Act for the surrender of a permit or part of a permit must be in the form prescribed by the chief executive.

(2)

The application must be accompanied by—

(a)

a statement of the reasons for the surrender; and

(b)

if the application is in respect of only part of the permit, a map of the existing permit area showing the boundaries of the area of land within it that is to be surrendered.

(3)

For the purposes of subclause (2)(b), the boundaries of the area of land that is to be surrendered must be located and defined on the map using 1 or more of the following descriptors:

(a)

co-ordinates of the boundaries:

(b)

land parcels:

(c)

bearings, distances, or both, from a fixed point (for example, a trig station) in terms of a specified projection:

(d)

geographical features (for example, a river edge or mountain peak):

(e)

coastline, sovereign, territorial, or other boundaries:

(f)

any other descriptor acceptable to the chief executive.

Regulation 30 heading: amended, on 24 May 2013, by regulation 27(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 30(1): replaced, on 24 May 2013, by regulation 27(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 30(2): amended, on 24 May 2013, by regulation 27(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 30(2)(b): amended, on 24 May 2013, by regulation 27(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 30(3)(f): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Notices

Heading: inserted, on 24 May 2013, by regulation 28 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

31 Notice of access arrangement

A notice to the Registrar-General of Land of an access arrangement for the purposes of section 83(1) of the Act must be—

(a)

in the form prescribed by the chief executive; and

(b)

signed by the permit holder or applicant for the permit concerned.

Regulation 31(a): replaced, on 24 May 2013, by regulation 29 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

32 Notice of appeal against increase in bonds or monetary deposit

A notice of appeal under clause 16(3) of Schedule 1 of the Act against a regional council’s decision to increase the amount of a bond or monetary deposit under clause 16(2) of Schedule 1 of the Act must be—

(a)

in the form prescribed by the chief executive; and

(b)

signed by the holder of the coal mining right (or a person authorised to sign on behalf of the holder of the right); and

(c)

accompanied by a copy of the regional council’s decision; and

(d)

lodged with the Environment Court.

Regulation 32: amended, on 24 May 2013, by regulation 30(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 32: amended, on 24 May 2013, by regulation 30(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 32(a): replaced, on 24 May 2013, by regulation 30(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Part 3 Reports, records, samples, and related matters

33 Permit holder must supply chief executive with reports and records on prospecting, exploration, and mining activities

(1)

A permit holder must supply to the chief executive, not later than 40 working days after the commencement of each permit year, any reports and records specified in subclause (2) that—

(a)

were created in the immediately preceding permit year; and

(b)

relate to prospecting, exploration, or mining activities undertaken in relation to the permit.

(2)

The reports and records are—

(a)

geological investigations, studies, and reviews:

(b)

reviews of existing data:

(c)

geochemical surveys:

(d)

geophysical surveys:

(e)

programmes of costeans and bulk sampling:

(f)

reports relating to drilling and shaft sinking:

(g)

mining feasibility studies that relate to, or include material relating to, mine design, scheduling, production, resource recovery, or economic viability.

(3)

A report or record required to be supplied under this regulation must be accompanied by the information described in Part 1 of Schedule 4 (if the report or record itself does not already contain that information).

(4)

In addition to the information required under subclause (3),—

(a)

a report relating to a geochemical survey must contain the information described in Part 2 of Schedule 4:

(b)

a report relating to a geophysical survey must contain the information described in Part 3 of Schedule 4:

(c)

a report relating to a programme of costeans and bulk sampling must contain the information described in Part 4 of Schedule 4:

(d)

a report relating to drilling and shaft sinking must contain the information described in Part 5 of Schedule 4.

(5)

A map or plan supplied as part of a report or record must contain the information specified in paragraph (b) of the definition of map in regulation 4.

Regulation 33 heading: replaced, on 24 May 2013, by regulation 31(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 33(1): replaced, on 24 May 2013, by regulation 31(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 33(2): replaced, on 24 May 2013, by regulation 31(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 33(3): replaced, on 24 May 2013, by regulation 31(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

34 Reports and records must be complete

All reports and records supplied under regulation 33 must be complete and a permit holder who supplies a report or record that is incomplete or partially complete does not comply with that regulation.

Annual reports

35 Annual summary report on prospecting and exploration activities

(1)

A permit holder must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on any prospecting or exploration activities that have taken place under the permit during that calendar year.

(2)

The report must—

(a)

be in the form prescribed by the chief executive; and

(b)

contain the information described in Part 6 of Schedule 4.

(3)

Subclauses (1) and (2) still apply even if no prospecting or exploration activities have taken place under the permit during the past year.

(4)

The first report to be supplied under this regulation must relate to the 2013 calendar year.

Regulation 35 heading: amended, on 24 May 2013, by regulation 32(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 35(1): replaced, on 24 May 2013, by regulation 32(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 35(2)(a): replaced, on 24 May 2013, by regulation 32(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 35(4): replaced, on 24 May 2013, by regulation 32(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

36 Special report on prospecting or exploration activities

(1)

This regulation applies to a permit holder if the conditions of the permit concerned require the permit holder to have completed a major stage of prospecting or exploration work.

(2)

The chief executive may require the permit holder to supply the chief executive with a special report summarising any prospecting or exploration activities that have taken place since the last annual summary report under regulation 35.

(3)

The special report must—

(a)

be in the form prescribed by the chief executive; and

(b)

include a summary of as much of the information described in Part 6 of Schedule 4 as is applicable to the permit in the period since the last annual report under regulation 35.

(4)

The special report must be supplied to the chief executive not more than 40 working days after being notified by the chief executive that a special report is required.

(5)

The chief executive must not require a permit holder to supply a special report more than once in every 18 months.

Regulation 36 heading: amended, on 24 May 2013, by regulation 33(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 36(2): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 36(3)(a): replaced, on 24 May 2013, by regulation 33(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 36(4): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 36(5): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

37 Annual report on expenditure on prospecting and exploration activities

(1)

A permit holder must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on the expenditure incurred under the permit during that calendar year.

(2)

The report must—

(a)

be in the form prescribed by the chief executive; and

(b)

include the expenditure incurred for each of the categories described in Part 7 of Schedule 4.

(3)

The first report to be supplied under this regulation must relate to the 2013 calendar year.

Regulation 37 heading: amended, on 24 May 2013, by regulation 34(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 37(1): replaced, on 24 May 2013, by regulation 34(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 37(2)(a): replaced, on 24 May 2013, by regulation 34(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 37(3): replaced, on 24 May 2013, by regulation 34(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

38 Annual report on mining activities under Tier 1 mining permits

(1)

The holder of a Tier 1 mining permit must supply to the chief executive, not later than 31 March following the end of each calendar year in which the permit is in force, a report on the mining activities that have taken place under the permit during that calendar year.

(2)

The report must—

(a)

be in the form prescribed by the chief executive; and

(b)

include the information described in Part 8 of Schedule 4.

(3)

Subclauses (1) and (2) still apply even if no mining activities have taken place under the permit during that calendar year.

(4)

The first report to be supplied under this regulation must relate to the 2013 calendar year.

(5)

Despite subclause (1), this regulation does not apply to the holder of a Tier 1 mining permit for an underground mine if the annual royalty payable by the permit holder for the minerals obtained under the permit is less than or equal to $50,000 (as calculated in accordance with the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013.

Regulation 38 heading: replaced, on 24 May 2013, by regulation 35(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 38(1): replaced, on 24 May 2013, by regulation 35(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 38(2)(a): replaced, on 24 May 2013, by regulation 35(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 38(3): amended, on 24 May 2013, by regulation 35(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 38(4): replaced, on 24 May 2013, by regulation 35(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 38(5): replaced, on 24 May 2013, by regulation 35(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

39 Annual report on mining activities under Tier 2 permits

(1)

The holder of a Tier 2 permit must supply to the chief executive, not later than 31 March following the end of each calendar year, a report on the mining activities that have taken place under the permit during that calendar year.

(2)

The report must—

(a)

be in the form prescribed by the chief executive; and

(b)

include the information described in Part 9 of Schedule 4.

(3)

Subclauses (1) and (2) still apply even if no mining activities have taken place under the permit during that calendar year.

(4)

A permit holder must, if requested by the chief executive, supply to him or her either or both of the following:

(a)

a summary of the mining and processing methods proposed to be employed at the mine in the next calendar year:

(b)

the proposed location, extent, and direction of mining and time period within which operations will take place in the next calendar year, including appropriate maps and plans necessary to enable a sound understanding of the proposed operations.

(5)

The first report to be supplied under subclause (1) must relate to the 2013 calendar year.

(6)

This regulation also applies to the holder of a Tier 1 mining permit for an underground mine if the annual royalty payable by the permit holder for the minerals obtained under the permit is less than or equal to $50,000 (as calculated in accordance with the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013.

Regulation 39: replaced, on 24 May 2013, by regulation 36 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Reports and other documents on expiry or surrender of permit

40 Reports and other documents on expiry or surrender of permit

(1)

Subclause (2) applies to a permit holder if—

(a)

the permit concerned expires in accordance with section 35 of the Act; or

(b)

the permit holder applies to surrender the permit concerned under section 40(1) of the Act.

(2)

The permit holder must supply to the chief executive—

(a)

all data, reports, and other documents on any activity under the permit that was begun, but not completed, before the permit expired or was surrendered and that the permit holder would have had to supply to the chief executive under these regulations had the activity been completed; and

(b)

if the holder of a Tier 1 permit, a copy of all reports, records, and maps that relate to targets or prospects identified by the permit holder during the holder’s tenure of the permit.

(3)

The documents required by subclause (2) must be supplied not later than 40 working days after the permit expires or is surrendered.

(4)

To avoid doubt, this regulation does not apply to a permit holder if only a part of the permit is surrendered.

Regulation 40(1)(b): amended, on 24 May 2013, by regulation 37(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 40(2): replaced, on 24 May 2013, by regulation 37(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 40(3): amended, on 24 May 2013, by regulation 37(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 40(4): inserted, on 24 May 2013, by regulation 37(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

41 Reports and other documents required on revocation of permit

(1)

Subclause (2) applies to a permit holder if the permit concerned is revoked in accordance with section 39 of the Act.

(2)

The permit holder must supply to the chief executive—

(a)

all data, reports, and other documents on any activity under the permit that was begun, but not completed, before the permit was revoked and that the permit holder would have had to supply to the chief executive under these regulations had the activity been completed before the permit was revoked; and

(b)

if the holder of a Tier 1 permit, a copy of all reports, records, and maps that relate to targets or prospects identified by the permit holder during the holder’s tenure of the permit.

(3)

The documents required by subclause (2) must be supplied not later than 40 working days after the permit is revoked.

Regulation 41(1): amended, on 24 May 2013, by regulation 38(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 41(2): replaced, on 24 May 2013, by regulation 38(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 41(3): amended, on 24 May 2013, by regulation 38(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

42 Reports and other documents required if permit area partially surrendered or relinquished

(1)

Subclause (2) applies to a permit holder if the permit holder—

(a)

applies to surrender part of the permit under section 40(1) of the Act or as otherwise required by the conditions of the permit; or

(b)

relinquishes part of the permit area by operation of any of sections 35A to 35C of the Act.

(2)

The permit holder must supply to the chief executive a list of the documents required to be supplied to the chief executive under this Part of the regulations, and indicate the documents that relate to—

(a)

the entire permit area:

(b)

the permit area surrendered or relinquished:

(c)

the permit area retained.

(3)

The holder of a Tier 1 permit must also supply to the chief executive a copy of all reports, records, and maps that relate to targets or prospects identified by the permit holder during the holder’s tenure of the partially surrendered or relinquished permit area.

(4)

If the permit holder has acquired data that covers both the retained permit area and the partially surrendered or relinquished permit area, the permit holder must supply to the chief executive the information required under subclause (2) that relates only to the partially surrendered or relinquished permit area.

(5)

The reports and other documents required by this regulation must be supplied not later than 40 working days after the date on which the permit area is partially surrendered or relinquished.

(6)

For the purposes of this regulation, a permit is relinquished in relation to any land if—

(a)

the land is excluded from the permit by the operation of any of sections 35A to 35C of the Act or under the permit; or

(b)

the relevant part of the permit is surrendered under section 40 of the Act or otherwise required by the conditions of the permit.

Regulation 42: replaced, on 24 May 2013, by regulation 39 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Core and samples

43 Core and samples

(1)

All core and samples collected by a permit holder under a permit must be stored in a manner that, as far as possible, prevents their contamination, deterioration, or loss.

(2)

The chief executive may, by notice in writing, request a permit holder to supply to the chief executive a representative sample of core or a representative fraction of any samples obtained in the course of prospecting or exploration and the permit holder must supply the core or sample not later than 40 working days after receiving the notice.

(3)

If a permit holder intends to dispose of core obtained in the course of activities under a permit, the permit holder must give the chief executive not less than 20 working days notice of that intention and of the date on which the core is to be disposed of.

(4)

Before the date notified under subclause (3), the chief executive may, by notice in writing, require the permit holder to prepare and supply the entire core or any part of the core to the chief executive and the permit holder must supply the core not later than 40 working days after receiving the notice.

(5)

Core supplied to the chief executive under this regulation must be prepared and supplied in accordance with the specifications set out in Part 1 of Schedule 5.

(6)

Samples supplied to the chief executive under this regulation must be prepared and supplied in accordance with the specifications set out in Part 2 of Schedule 5.

Regulation 43(2): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 43(3): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 43(4): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 43(5): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation 43(6): amended, on 24 May 2013, by regulation 42(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Reports relating to royalties

Heading: inserted, on 24 May 2013, by regulation 40 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

43A Reports relating to royalties

A permit holder must comply with the reporting requirements of the Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 (which include reporting requirements for the calculation and payment of royalties in relation to a permit).

Regulation 43A: inserted, on 24 May 2013, by regulation 40 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Part 4 Miscellaneous

Part 4: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

44 Publication of information supplied to chief executive

(1)

The chief executive may, but is not obliged to, publish all or any of the information described in the following items:

(a)

item 5 of Part 6 of Schedule 4; and

(b)

items 3, 4, 9, and 10 of Part 8 of Schedule 4; and

(c)

items 3, 4, and 5, of Part 9 of Schedule 4.

(2)

Information published under this regulation may be—

(a)

information provided to the chief executive under these regulations; or

(b)

information generated or compiled by the chief executive from information provided to him or her under these regulations.

Regulation 44: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Transitional provisions

Heading: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

45 Interpretation

In regulations 46 to 49,—

Amendment Regulations means the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013

new regulation or new item means the specified regulation or item in a schedule of the principal regulations as amended, replaced, or inserted by the Amendment Regulations

old regulation means the specified regulation of the principal regulations as it read immediately before the regulation was amended or replaced by the Amendment Regulations

principal regulations means these regulations (the Crown Minerals (Minerals Other than Petroleum) Regulations 2007)

unchanged item means a specified item in a schedule of the principal regulations that has not been amended or replaced by the Amendment Regulations.

Regulation 45: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

46 Annual summary reports on prospecting and exploration activities

(1)

Subclause (2) applies to each permit holder—

(a)

to which new regulation 35 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 35 at any time between 24 May 2013 and 1 December 2013.

(2)

The permit holder must provide—

(a)

an annual summary report on the date required under old regulation 35(1) that complies with old regulation 35; and

(b)

an annual summary report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 35 other than the requirements in relation to new items 3, 5, and 6 of Part 6 of Schedule 4.

(3)

Subclause (4) applies to each permit holder—

(a)

to which new regulation 35 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 35 at any time between 1 and 31 December 2013.

(4)

The permit holder must provide—

(a)

an annual summary report on the date required under old regulation 35(1) that complies with old regulation 35; and

(b)

for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 4 of Part 6 of Schedule 4.

(5)

For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual summary reports in accordance with new regulation 35.

Regulation 46: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

47 Annual reports on expenditure on prospecting and exploration activities

(1)

Subclause (2) applies to each permit holder—

(a)

to which new regulation 37 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual expenditure report under old regulation 37 at any time between 24 May 2013 and 1 December 2013.

(2)

The permit holder must provide to the chief executive—

(a)

an annual expenditure report on the date required under old regulation 37(1) that complies with old regulation 37; and

(b)

an annual expenditure report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 37.

(3)

Subclause (4) applies to each permit holder—

(a)

to which new regulation 37 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual expenditure report under old regulation 37 at any time between 1 and 31 December 2013.

(4)

The permit holder must provide to the chief executive—

(a)

an annual expenditure report on the date required under old regulation 37(1) that complies with old regulation 37; and

(b)

for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013, the information required by unchanged items 1 and 2 and new item 3 of Part 7 of Schedule 4.

(5)

For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual expenditure reports in accordance with new regulation 37.

Regulation 47: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Royalty payments, statements, and returns: Other minerals programmes[Revoked]

Heading: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

48 Annual report on mining activities under Tier 1 mining permits

(1)

Subclause (2) applies to each permit holder of a Tier 1 mining permit—

(a)

to which new regulation 38 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 at any time between 24 May 2013 and 1 December 2013.

(2)

The permit holder must provide to the chief executive—

(a)

an annual report on the date required under old regulation 38(1) that complies with old regulation 38; and

(b)

an annual report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 38 other than the requirements in relation to new items 9 to 14 of Part 8 of Schedule 4.

(3)

Subclause (4) applies to each permit holder of a Tier 1 mining permit—

(a)

to which new regulation 38 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 at any time between 1 and 31 December 2013.

(4)

The permit holder must provide to the chief executive—

(a)

an annual report on the date required under old regulation 38(1) that complies with old regulation 38; and

(b)

(5)

For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual summary reports in accordance with new regulation 38.

Regulation 48: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

49 Annual report on mining activities under Tier 2 mining permits

(1)

Subclause (2) applies to each permit holder of a Tier 2 mining permit—

(a)

to which new regulation 39 applies; and

(b)

that, before the commencement of the Amendment Regulations, was required to provide an annual summary report under old regulation 38 or, as the case may be, an annual report under old regulation 39, at any time between 24 May 2013 and 1 December 2013.

(2)

The permit holder must provide to the chief executive—

(a)

an annual summary report or annual report on the date required under old regulation 38(1) or 39(2) that complies with old regulation 38 or 39, as the case may be; and

(b)

an annual report for the period beginning on the day after the date referred to in paragraph (a) and ending on 31 December 2013 that complies with new regulation 39.

(3)

Subclause (4) applies to each permit holder of a Tier 2 mining permit—

(a)

to which new regulation 39 applies; and

(b)

(4)

The permit holder must provide to the chief executive—

(a)

an annual summary report or annual report on the date required under old regulation 38(1) or 39(2) that complies with old regulation 38 or 39, as the case may be; and

(b)

(5)

For the 2014 calendar year, and each successive calendar year, each permit holder described in subclause (1) or (3) must provide all annual reports in accordance with new regulation 39.

Regulation 49: replaced, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

50 Final royalty return and payment: other minerals programme

[Revoked]

Regulation 50: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

51 Accountant or auditor statement for purposes of annual or final royalty return: other minerals programme

[Revoked]

Regulation 51: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Regulation that applies to all royalty returns[Revoked]

Heading: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

52 Permit holder must keep documents verifying royalty returns

[Revoked]

Regulation 52: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Part 5 Miscellaneous

[Revoked]

Part 5: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

53 Crown Minerals (Minerals and Coal) Regulations 1999 revoked

[Revoked]

Regulation 53: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Transitional provisions[Revoked]

Heading: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

54 Permit applications received but not determined before regulations commence

[Revoked]

Regulation 54: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

55 Annual summary reports on prospecting and exploration

[Revoked]

Regulation 55: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

56 Annual reports on expenditure on prospecting and exploration

[Revoked]

Regulation 56: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

57 Permit holders electing to move to 2008 minerals programme

[Revoked]

Regulation 57: revoked, on 24 May 2013, by regulation 41 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 1 Forms

[Revoked]

r 14

Schedule 1: revoked, on 24 May 2013, by regulation 43 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Information to accompany certain permit applications

rr 16(2)(b), 17(2)(b), 18(2)(b)

Part 1 Information to accompany prospecting permit application under regulation 16

1AA

The particulars of the person who is responsible for the application.

1

A statement of the technical qualifications and financial resources of the applicant.

2

If the application is on behalf of 2 or more persons, an explanation of each person’s interest in the permit (including the percentage of the share of the permit that each person will hold).

2A

If the application is on behalf of 2 or more persons, the proposed permit operator.

2B

The area of land to which the application relates (in hectares or square kilometres).

3

A map of the permit area.

4

A summary of the geology, potential mineralisation, and exploration and mining history of the permit area.

5

A statement of the proposed minimum work programme that—

(a)

states its objectives; and

(ab)

identifies the area to which the work programme relates; and

(b)

identifies the technical rationale, milestones, and deliverables of the programme; and

(c)

identifies any ongoing work commitment options; and

(d)

for each stage of the programme, states the minimum expenditure for the stage; and

(e)

states the minimum expenditure for the proposed duration of the permit.

6

If the application is over a broken area of land, a statement of the reasons why the application is necessary for a broken area.

7

A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in chapter 8 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

8

A statement on any other matter the applicant considers relevant to support the application.

Part 2 Information to accompany exploration permit application under regulation 17

1AA

The particulars of the person who is responsible for the application.

1

A statement of the technical qualifications and financial resources of the applicant.

2

If the application is on behalf of 2 or more persons, an explanation of each person’s interest in the permit (including the percentage of the share of the permit that each person will hold).

2A

If the application is on behalf of 2 or more persons, the proposed permit operator.

2B

The area of land to which the application relates (in hectares or square kilometres).

2C

For an application for a Tier 1 exploration permit, a statement that allows the Minister to form a view as to whether the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.

3

A map of the permit area.

4

A summary of the geology to which the permit application relates, including whether the land contains any defined exploration targets or is contiguous with any defined exploration targets.

4A

A summary of past prospecting, exploration, or mining activities that may be relevant to the land covered by the permit application.

4B

A statement of any permit held by the applicant in an overseas jurisdiction that has been revoked in the past 10 years and the reasons for the revocation.

4C

For an application for a Tier 1 exploration permit for minerals other than gold or silver, or for a permit in relation to an area offshore, a report stating the ownership of the minerals (commonly known as a Land Mineral Status Report).

5

A statement of the proposed minimum work programme that—

(a)

states its objectives; and

(b)

identifies the technical rationale, milestones, and deliverables of the programme; and

(c)

identifies any ongoing work commitment options; and

(d)

for each stage of the programme (being not more than 36 months’ duration), states the estimated minimum for the stage; and

(e)

states the minimum expenditure for the proposed duration of the permit; and

(f)

indicates any review or decision points in the programme that may lead to—

(i)

exploration continuing; or

(ii)

the permit holder applying for an extension of duration of the permit to appraise a discovery; or

(iii)

the surrender of the permit; and

(g)

if the programme depends on results from review or decision points, an outline of the likely course of exploration; and

(h)

states whether the proposed exploration is in accordance with good industry practice.

6

If the application is over a broken area of land, a statement of the reasons why the application is necessary for a broken area.

7

A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in chapter 9 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

8

A statement on any other matter the applicant considers relevant to support the application.

Part 3 Information to accompany mining permit application under regulation 18

1AA

The particulars of the person who is responsible for the application.

1

A statement of the technical qualifications and financial resources of the applicant.

2

If the application is on behalf of 2 or more persons, an explanation of each person’s interest in the permit (including the percentage of the share of the permit that each person will hold).

2A

If the application is on behalf of 2 or more persons, the proposed permit operator.

2B

The area of land to which the application relates (in hectares or square kilometres).

2C

For an application for a Tier 1 mining permit, a statement that allows the Minister to form a view as to whether the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.

3

A map of the permit area.

4

The applicant’s estimates of total in-ground resources.

4A

A report that sets out the evidence for a mineable mineral resource or exploitable mineral deposit sufficient to support a mining permit that includes—

(a)

estimates of the mineable mineral resource or exploitable mineral deposit,—

(i)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

(ii)

which, for an application for a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(b)

a map showing the size and location of the resource or deposit; and

(c)

a description of the geology of the resource or deposit; and

(d)

if applicable, a description of the type of coal and its properties.

4B

The following information to accompany the estimates prepared under item 4A(a)(ii):

(a)

documentation on input data, methodology, quality control, and validation of the resource or deposit; and

(b)

a spatial definition of the areas to which the figures in the estimates apply; and

(c)

a statement of the criteria used to determine the estimates; and

(d)

a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

5

A statement of the proposed work programme that provides an overview of how the permit area will be worked that includes—

(a)

the size, nature, extent, and siting of the proposed mining operations; and

(b)

the proposed mining methods to be used; and

(c)

the proposed mining and production schedule; and

(d)

the expected production and long-term mining scheme for the mineable resource; and

(e)

the proposed start date for production; and

(f)

any proposed prospecting or exploration work in relation to the permit area; and

(g)

the proposed expenditure under the permit; and

(h)

if applicable, the point of valuation for royalty purposes.

6

The applicant’s mining feasibility studies, which include mine design, scheduling and production, resource recovery, and economic viability.

7

A report on the project economics of the operation. In particular, the report must include the financial viability, technical constraints, and proposed level of expenditure in relation to the scale and extent of the proposed operations and any supporting financial model if so requested by the chief executive.

8

For an application for a Tier 1 mining permit, a report on any alternative mine development plans that have been identified, which must include details of the projected ultimate recovery of the resource under each plan and a statement as to why these options have not been pursued.

9

For an application for a Tier 1 mining permit for minerals other than gold or silver, or for a permit in relation to an area offshore, a report stating the ownership of the minerals (commonly known as a Land Mineral Status Report).

10

A statement as to whether the proposed mining operations are in accordance with good industry practice.

11

A statement on any other matter the applicant considers relevant to support the application.

Schedule 2 Part 1 item 1AA: inserted, on 24 May 2013, by regulation 44(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 2A: inserted, on 24 May 2013, by regulation 44(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 2B: inserted, on 24 May 2013, by regulation 44(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 5(ab): inserted, on 24 May 2013, by regulation 44(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 5(d): amended, on 24 May 2013, by regulation 44(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 5(e): amended, on 24 May 2013, by regulation 44(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 6: replaced, on 24 May 2013, by regulation 44(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 7: replaced, on 24 May 2013, by regulation 44(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 1 item 8: inserted, on 24 May 2013, by regulation 44(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 1AA: inserted, on 24 May 2013, by regulation 44(6) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 2A: inserted, on 24 May 2013, by regulation 44(7) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 2B: inserted, on 24 May 2013, by regulation 44(7) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 2C: inserted, on 24 May 2013, by regulation 44(7) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 4: replaced, on 24 May 2013, by regulation 44(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 4A: inserted, on 24 May 2013, by regulation 44(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 4B: inserted, on 24 May 2013, by regulation 44(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 4C: inserted, on 24 May 2013, by regulation 44(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 5(d): amended, on 24 May 2013, by regulation 44(9) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 5(e): amended, on 24 May 2013, by regulation 44(9) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 5(g): amended, on 24 May 2013, by regulation 44(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 5(h): inserted, on 24 May 2013, by regulation 44(11) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 6: replaced, on 24 May 2013, by regulation 44(12) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 7: replaced, on 24 May 2013, by regulation 44(12) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 2 item 8: inserted, on 24 May 2013, by regulation 44(12) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 1AA: inserted, on 24 May 2013, by regulation 44(13) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 2A: inserted, on 24 May 2013, by regulation 44(14) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 2B: inserted, on 24 May 2013, by regulation 44(14) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 2C: inserted, on 24 May 2013, by regulation 44(14) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 4: replaced, on 24 May 2013, by regulation 44(15) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 4A: inserted, on 24 May 2013, by regulation 44(15) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 4B: inserted, on 24 May 2013, by regulation 44(15) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 6: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 7: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 8: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 9: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 10: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 2 Part 3 item 11: inserted, on 24 May 2013, by regulation 44(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Information to be included in certain applications

rr 20(2)(b), 21(2)(b), 22(2)(b), 23(2)(b), 24(2)(b), 25(2)(b), 26(2)(b), 27(2)(b)

Part 1 Information to accompany application under regulation 20 to change minerals to which prospecting or exploration permit relates

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

The minerals to which the proposed change relates.

4

If the application is to extend the minerals to which the permit relates, a statement of the reasons why, in the permit holder’s opinion, the Minister should extend the minerals, including—

(a)

geological evidence that supports the application; and

(b)

details of how the permit holder proposes to prospect or explore for the additional minerals; and

(c)

a discussion of any proposed amendments to the current minimum work programme for the permit or the expenditure for it; and

(d)

a discussion on any complementary applications made at the same time that seek a change to the conditions of the permit or the land to which the permit relates.

5

If the application is to decrease the minerals to which the permit relates, a statement of the reasons why, in the permit holder’s opinion, the Minister should decrease the minerals.

Part 2 Information to accompany application under regulation 21 to extend land to which prospecting or exploration permit relates

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

The area of land to which the proposed extension would apply (in hectares or square kilometres).

4

A map showing the land for which the proposed extension is sought in relation to the existing permit.

5

A statement of the reasons why, in the permit holder’s opinion, the Minister should extend the land to which the permit relates, including—

(a)

geological evidence that supports the application; and

(b)

details of how the permit holder proposes to prospect or explore the additional land; and

(c)

a discussion of any proposed amendments to the current minimum work programme for the permit or the expenditure for it; and

(d)

the results of prospecting, exploration, or mining work undertaken under the permit up to the date of the application; and

(e)

a discussion of how extending the land to which the permit relates will enable the permit holder to more effectively prospect or explore; and

(f)

a discussion of how the prospecting or exploration to be undertaken over the additional land relates to that undertaken or planned under the existing permit.

Part 3 Information to accompany application under regulation 22 to change minerals to which mining permit relates

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

The minerals to which the proposed change relates.

3A

The permit holder’s estimates of total in-ground resources.

4

If the application is to extend the minerals to which the permit relates,—

(a)

a statement of the reasons why, in the permit holder’s opinion, the Minister should extend the minerals, including—

(i)

geological evidence that there is a deposit of the minerals capable of being mined in the area (including maps, diagrams, cross-sections, and any other supporting evidence of the location and extent of the minerals); and

(ii)

estimates of the mineable mineral resource,—

(A)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

(B)

which, for an application in relation to a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(b)

details of how the permit holder proposes to mine for the additional minerals; and

(c)

a discussion of any proposed amendments to the current work programme for the permit; and

(d)

a discussion of any proposed change to the point of valuation for royalties payable under the permit.

4A

The following information to accompany the estimates prepared under item 4(a)(ii)(B):

(a)

a spatial definition of the areas to which the figures in the estimates apply; and

(b)

a statement of the criteria used to determine the estimates; and

(c)

a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

5

If the application is to decrease the minerals to which the permit relates,—

(a)

a statement of the reasons why, in the permit holder’s opinion, the Minister should decrease the minerals, including—

(i)

evidence that the minerals are not capable of being mined within current technical and economic restraints; and

(ii)

a discussion of any proposed amendments to the current work programme for the permit; and

(iii)

a discussion of any proposed change to the point of valuation for royalties payable under the permit.

Part 4 Information to accompany application under regulation 23 to extend land to which mining permit relates

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

The area of land to which the proposed extension would apply (in hectares or square kilometres).

4

A map showing the land for which the proposed extension is sought in relation to the existing permit area.

4A

The permit holder’s estimates of total in-ground resources for the land to which the extension is sought.

5

A statement of the reasons why, in the permit holder’s opinion, the Minister should extend the land to which the permit relates, including—

(a)

geological evidence that there is a deposit capable of being mined in the area for which the proposed extension is sought (including maps, diagrams, cross-sections, and any other supporting evidence that indicates the location and extent of the identified deposit in that area); and

(b)

estimates of the mineable mineral resource of the deposit in the land for which the extension is sought,—

(i)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

(ii)

which, for an application in relation to a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(c)

details of how the permit holder proposes to mine the additional land; and

(d)

a discussion of any proposed amendments to the current work programme for the permit and a summary of any other complementary requests to change the permit or permit conditions; and

(e)

a discussion of any proposed change to the point of valuation for royalties payable under the permit; and

(f)

the results of prospecting, exploration, or mining work undertaken under the permit up to the date of the application; and

(g)

a statement of how the mining to be undertaken over the additional land relates to that undertaken or planned under the existing permit; and

(h)

geological evidence that the mineral resource of the deposit in the land for which the extension is sought is generally contiguous with the mineral resource to which the mining permit applies.

6

The following information to accompany the estimates prepared under item 5(b)(ii):

(a)

a spatial definition of the areas to which the figures in the estimates apply; and

(b)

a statement of the criteria used to determine the estimates; and

(c)

a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

Part 5 Information to accompany application under regulation 24 to extend duration of prospecting permit

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

A statement of the duration of the extension sought.

4

A statement of the proposed minimum work programme to be carried out during the proposed extension of duration.

5

The minimum expenditure for each stage of prospecting during the proposed extension of duration.

5A

A statement of the area of land to which the proposed extension of duration would apply (in hectares or square kilometres).

5B

A map of the existing permit area showing the boundary of the area of land within it to which the proposed extension of duration relates.

6

A statement of the reasons why, in the permit holder’s opinion, the Minister should extend the duration of the permit, including discussion of—

(a)

the objectives of the proposed minimum work programme to be carried out during the proposed extension; and

(ab)

the proposed prospecting activities, including the extent to which the programme proposes to use new or improved sampling, analytical, or survey techniques; and

(b)

the results of prospecting already undertaken by the permit holder; and

(c)

the geology and potential mineralisation of the permit area; and

(d)

a statement as to whether the extension is being sought to enable the applicant to complete or extend a work programme already under way, and the geological reasons that justify an extension.

7

A statement as to whether the proposed prospecting activities will investigate the full extent of the land to be covered by the permit.

Part 6 Information to accompany application under regulation 25 to extend duration of mining permit

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

A statement of the duration of the extension sought.

3A

The permit holder’s estimates of total in-ground resources.

3B

A statement of the geology of and occurrences of minerals within the land to which the application for extension of duration relates.

3C

The applicant’s mining feasibility studies, which include mine design, scheduling and production, resource recovery, and economic viability.

3D

A report on the project economics of the operation. In particular, the financial viability, technical constraints, and proposed level of expenditure in relation to the scale and extent, of the proposed operations and any supporting financial model if so requested by the chief executive.

3E

A statement as to whether the proposed mining operations are in accordance with good industry practice.

4

A statement of the reasons why, in the permit holder’s opinion, the Minister should extend the duration of the permit, including—

(a)

an explanation as to why the discovery to which the permit relates cannot be economically depleted before the current permit expires; and

(b)

estimates of the mineable mineral resource,—

(i)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

(ii)

which, in relation to a Tier 1 mining permit application, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(c)

the work programme to be carried out during the proposed extension period, including details of any modifications to the existing work programme; and

(d)

details of any proposed modifications to the mining schedule, production schedule, or proposed expenditure required to deplete the resource.

5

The following information to accompany the estimates prepared under item 4(b)(ii):

(a)

a spatial definition of the areas to which the figures in the estimates apply; and

(b)

a statement of the criteria used to determine the estimates; and

(c)

a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

Part 7 Information to accompany application under regulation 26 to extend duration of exploration permit (unless for purpose of discovery appraisal)

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

A statement of the duration of the extension sought.

4

The area of land to which the proposed extension of duration would apply (in hectares or square kilometres).

5

A map of the existing permit area showing the boundary of the area of land within it to which the proposed extension of duration relates.

5A

A statement of the geology of the land to which the permit application relates, including whether the land contains defined exploration targets or is contiguous with defined exploration targets.

5B

A summary of past prospecting, exploration, or mining activities that may be relevant to the land covered by the permit application.

5C

A statement of the technical approach to be taken when exploring the land to which the permit application relates.

5D

A statement as to whether the proposed exploration is in accordance with good industry practice.

6

A statement of the proposed minimum work programme to be carried out during the proposed extension of duration that contains sufficient information for the Minister to satisfy himself or herself that the programme will provide for the satisfactory exploration of the land for which the extension is sought and that includes,—

(a)

the objectives of the programme; and

(b)

details of any proposed stages; and

(c)

the proposed expenditure for each proposed stage; and

(d)

the results of exploration activities undertaken by the permit holder in the permit area to date; and

(e)

an explanation of the geology and potential mineralisation of the permit area.

7

A statement on any matter not already required under items 1 to 6 that, having had regard to the information set out in sections 9.3 and 12.6 of the Minerals Programme for Minerals (Excluding Petroleum) 2013, the applicant considers relevant to support the application.

Part 8 Information to accompany application under regulation 27 to extend duration of exploration permit for purpose of discovery appraisal

1

The reference number of the permit concerned.

2

The particulars of the person who is responsible for the application.

3

A statement of the duration of the extension sought.

4

The area of land to which the proposed extension of duration would apply (in hectares or square kilometres).

5

A map of the existing permit area showing the boundary of the area of land within it to which the proposed extension of duration relates.

5A

The permit holder’s estimates of total in-ground resources.

6

A discussion and preliminary evaluation of the discovery or discoveries that the permit holder has made, including—

(a)

a detailed report and plans indicating the location, extent, and geology of the discovery; and

(b)

the resource and reserve estimates which, for an application for a Tier 1 mining permit, must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(c)

the appraisal work that, in the permit holder’s opinion, is necessary to advance the discovery to an exploitable mineral deposit or economically mineable resource.

6A

The following information to accompany the estimates prepared under item 6(b) in relation to a Tier 1 mining permit:

(a)

a spatial definition of the areas to which the figures in the estimates apply; and

(b)

a statement of the criteria used to determine the estimates; and

(c)

a statement of whether the estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

7

A statement of the proposed appraisal work programme to be carried out during the extension of duration that—

(a)

gives details of any proposed stages of work; and

(b)

states the proposed expenditure for each proposed stage.

8

A discussion of the objectives of the proposed appraisal work programme that contains sufficient information for the Minister to satisfy himself or herself that—

(a)

reasonable efforts are being made to carry out the appraisal work programme; and

(b)

the proposed appraisal work programme is sufficient to carry out the proposed appraisal work; and

(c)

the duration of the current permit is insufficient to carry out the appraisal work for the discovery.

9

Schedule 3 Part 1 heading: amended, on 24 May 2013, by regulation 45(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 1 item 3: amended, on 24 May 2013, by regulation 45(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 1 item 4(c): amended, on 24 May 2013, by regulation 45(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 1 item 4(d): inserted, on 24 May 2013, by regulation 45(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 2 item 5(c): amended, on 24 May 2013, by regulation 45(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 2 item 5(d): inserted, on 24 May 2013, by regulation 45(6) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 2 item 5(e): inserted, on 24 May 2013, by regulation 45(6) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 2 item 5(f): inserted, on 24 May 2013, by regulation 45(6) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 3 heading: amended, on 24 May 2013, by regulation 45(7) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 3 item 3: amended, on 24 May 2013, by regulation 45(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 3 item 3A: inserted, on 24 May 2013, by regulation 45(9) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 3 item 4(a)(ii): replaced, on 24 May 2013, by regulation 45(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 3 item 4A: inserted, on 24 May 2013, by regulation 45(11) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 4A: inserted, on 24 May 2013, by regulation 45(12) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(b): replaced, on 24 May 2013, by regulation 45(13) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(d): amended, on 24 May 2013, by regulation 45(14) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(e): amended, on 24 May 2013, by regulation 45(15) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(f): inserted, on 24 May 2013, by regulation 45(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(g): inserted, on 24 May 2013, by regulation 45(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 5(h): inserted, on 24 May 2013, by regulation 45(16) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 4 item 6: inserted, on 24 May 2013, by regulation 45(17) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 5: amended, on 24 May 2013, by regulation 45(18) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 5A: inserted, on 24 May 2013, by regulation 45(19) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 5B: inserted, on 24 May 2013, by regulation 45(19) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 6(ab): inserted, on 24 May 2013, by regulation 45(20) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 6(c): amended, on 24 May 2013, by regulation 45(21) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 6(d): inserted, on 24 May 2013, by regulation 45(22) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 5 item 7: inserted, on 24 May 2013, by regulation 45(23) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 3A: inserted, on 24 May 2013, by regulation 45(24) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 3B: inserted, on 24 May 2013, by regulation 45(24) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 3C: inserted, on 24 May 2013, by regulation 45(24) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 3D: inserted, on 24 May 2013, by regulation 45(24) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 3E: inserted, on 24 May 2013, by regulation 45(24) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 4(b): replaced, on 24 May 2013, by regulation 45(25) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 6 item 5: inserted, on 24 May 2013, by regulation 45(26) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 heading: amended, on 24 May 2013, by regulation 45(27) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 item 5A: inserted, on 24 May 2013, by regulation 45(28) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 item 5B: inserted, on 24 May 2013, by regulation 45(28) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 item 5C: inserted, on 24 May 2013, by regulation 45(28) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 item 5D: inserted, on 24 May 2013, by regulation 45(28) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 7 item 7: inserted, on 24 May 2013, by regulation 45(29) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 8 item 5A: inserted, on 24 May 2013, by regulation 45(30) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 8 item 6(b): replaced, on 24 May 2013, by regulation 45(31) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 8 item 6A: inserted, on 24 May 2013, by regulation 45(32) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 3 Part 8 item 9: inserted, on 24 May 2013, by regulation 45(33) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Information to be included in reports on survey undertaken in respect of prospecting, exploration, or mining permit

rr 15A, 33(3) and (4), 35(2)(b), 36(3)(b), 37(2)(b), 38(2)(b), 39(2)(b), 44(1), 46(2)(b), 47(4)(b), 48(2)(b) and (4)(b), 49(4)(b)

Part 1 Information required under regulation 33 to be included in reports of prospecting and exploration activities

1

The particulars of the permit holder.

2

The reference number of the permit.

3

A full description of the activity undertaken that includes—

(a)

the type of activity and its location; and

(b)

its start and finish dates.

4

The method or methods and equipment used.

5

The method used to determine the position of the measurement or observation points (including accuracy estimates).

6

The results obtained (including for each measurement or observation the value of it in terms of recognised physical units).

7

Any interpretations of the data obtained.

8

Records of data, including (if obtained or produced)—

(a)

the spatial reference for the data; and

(b)

the original observational data; and

(c)

if the original data has been processed or corrected, a description of the method of processing or correction sufficient to enable the original observational data to be recovered.

9

Any maps, sections, or other documents produced.

10

For any published material referenced in the report, its full bibliographic details.

Part 2 Additional information required under regulation 33(4)(a) to be included in report of geochemical survey

1

All assay and sample location numbers.

2

Location measurements, which must include—

(a)

the datum and projection (if applicable):

(b)

the original observational data or, if the original data has been processed or corrected, a complete and adequate description of the method of processing or correction that enables the original data to be recovered.

3

Details of the sampling procedures used, including—

(a)

the type of material sampled; and

(b)

the size of the samples; and

(c)

the depth of the samples.

4

Observation logs and files, if any.

5

A description of the sample preparation, including—

(a)

the weight of the material analysed:

(b)

the size fraction analysed:

(c)

the extent of milling and any pre-concentration undertaken, including magnetic fraction, pan concentrate, or heavy mineral separation.

6

Details of the analytical procedures used, including—

(a)

the name of the laboratory that analysed the samples; and

(b)

the extraction or digestion techniques used; and

(c)

the analytical methods for identifying the limits of detection and precision.

7

Reference background values in the area surveyed.

8

A report interpreting the information in clause 7.

9

Any anomaly or location maps or profiles prepared as part of the survey.

10

Any special processed sections, plots, or similar material resulting from the survey.

11

Details of any quality control or quality assurance studies resulting from the survey.

Part 3 Additional information required under regulation 33(4)(b) to be included in report of geophysical survey

1

Specifications of—

(a)

the survey type; and

(b)

the contractor used; and

(c)

the instruments and equipment used, including type, power, accuracy, unit of measurement, and mode of recording.

2

In the case of a marine or airborne survey, the method of navigation used.

3

The details of the survey parameters, including—

(a)

location:

(b)

line spacing:

(c)

ground clearance:

(d)

water depth:

(e)

in the case of—

(i)

an airborne survey, aircraft speed and flight lines:

(ii)

a marine survey, the vessel speed and sail lines:

(iii)

a satellite survey, the orbit details:

(f)

filter types:

(g)

diurnal correction:

(h)

electrode array:

(i)

horizontal and vertical control:

(j)

calibration of equipment:

(k)

accuracy of the survey:

(l)

corrections applied to the data:

(m)

the time of an observation or measurement.

4

Maps or plans showing—

(a)

all traverse lines:

(b)

flight lines for airborne surveys:

(c)

sail lines for marine surveys:

(d)

control points:

(e)

major geographic features:

(f)

the position, elevation, and value of all data or observation points relative to a recognised datum.

5

All anomaly maps and profiles prepared as part of the survey.

6

An interpretation of the data collected, including maps or plans, and the conclusions reached.

Part 4 Additional information required under regulation 33(4)(c) to be included in report of trenching, costeaning, pitting, or bulk sampling

1

The location of the trench or pit expressed in co-ordinates.

2

The location within the trench or pit of the spot or channel samples collected and, in the case of channel samples, the interval width.

3

The geological description of all formations exposed.

4

The assay results of samples or grade of mineral per bank cubic metre of alluvial material.

5

The size of the bulk sample.

6

An interpretation of the data collected and the conclusions reached.

Part 5 Additional information required under regulation 33(4)(d) to be included in report of drilling and shaft sinking

1

The co-ordinates, including any elevations, of drill holes or shafts in terms of an official datum or projection approved, for the time being, by the Surveyor-General.

2

A grid plan, if a survey has been established as a location control for exploration or mining activities on the ground. The plan must show the grid orientation, the grid origin, and its relationship to an official datum or projection approved, for the time being, by the Surveyor-General.

3

Details of orientation method, if applicable.

4

For every drill hole or shaft, the following information:

(a)

its depth:

(b)

the angle of inclination and azimuth:

(c)

its collar height relative to mean sea level and to the ground surface (if the hole or shaft is collared to the surface).

5

The dates on which drilling operations started and finished.

6

The drilling method used and the diameter of the drill holes.

7

If obtained, a description and results of all downhole surveys.

8

A detailed record and description of all formations and structures penetrated.

9

Downhole locations of all cores and other samples.

10

The percentage of core recovered from each core interval.

11

If obtained, core photographs, with each photograph labelled to show location and depth.

12

All geophysical logs.

13

An interpretation of the data collected and conclusions reached.

14

For all drill holes in connection with coal, the top and bottom of each coal seam and the quality of each seam, including the results of all analyses carried out.

15

For all drill holes in connection with minerals other than coal, and if applicable,—

(a)

the width and assays of all zones:

(b)

the results of all sample analyses.

16

The grade of the mineral per bank cubic metre of any alluvial material sampled and the method used to calculate the grade.

Part 6 Information required under regulation 35 (for annual summary report on prospecting and exploration) and regulation 36 (for special report on prospecting or exploration)

1

The particulars of the permit holder.

2

The reference number of the permit.

3

The permit holder’s estimates of total in-ground resources.

4

A summary of all prospecting and exploration activities, including—

(a)

the number of holes and the total number of metres drilled:

(b)

whether any mine feasibility studies were carried out:

(c)

the number of any geochemical samples and any bulk samples.

5

For the holder of a Tier 1 permit, an up-to-date estimate of the resource,—

(a)

which must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code; and

(b)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits.

6

The following information to accompany the estimate prepared under item 5:

(a)

a spatial definition of the areas to which the figures in the estimate apply; and

(b)

a statement of the criteria used to determine the estimate; and

(c)

a statement of whether the estimate is made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis.

7

For the holder of a Tier 1 permit, a list of all reports created in relation to the permit for the year to which the overall report relates.

8

For the holder of a Tier 1 permit, the iwi engagement report required under section 33C of the Act.

Part 7 Information required under regulation 37 to be included in annual report on expenditure on prospecting and exploration

1

The particulars of the permit holder.

2

The reference number of the permit.

3

Expenditure, expressed in New Zealand dollars, for each of the following categories:

(a)

prospecting and exploration (including mapping, geochemical, geophysical, drilling, appraisal, and data compilation):

(b)

other expenditure (including consents and administration).

Part 8 Information required under regulation 38 to be included in annual summary report on mining activities under Tier 1 mining permits

1

The particulars of the permit holder.

2

The reference number of the permit.

3

A summary of mine production for the calendar year to which the report relates.

4

An estimate of planned mine production for the following calendar year or, if no production is planned, a statement, with reasons, to that effect.

5

A summary of the mining and processing methods proposed to be employed at the operation in the following calendar year.

6

[Revoked]

[Revoked]

7

A plan in digital format of all mine workings and planned development, and the timing of the development.

8

A summary of the status of consents or applications for consents, including access arrangements and resource consents, that impact on the ability of the permit holder to give proper effect to the permit.

9

The permit holder’s estimates of total in-ground resources.

10

An up-to-date estimate of the resource,—

(a)

which may include inferred, indicated, and measured resources or deposits and probable and proved resources or deposits; and

(b)

which, in relation to a Tier 1 mining permit (other than those relating to underground coal or gold that do not meet the royalty or production thresholds specified in the third or fourth column of Schedule 5 of the Act), must be made in accordance with the Canadian National Instrument, the JORC Code, or the South African Code.

11

The following information to accompany the estimates prepared under item 9:

(a)

a statement of whether the resource and reserves estimates are made on the basis of a scoping, pre-feasibility, or feasibility study, or on some other specified basis; and

(b)

a spatial definition of the areas to which the figures in the estimates apply; and

(c)

a statement of the criteria used for defining the estimates.

12

A list of all reports created by the permit holder or for the permit in the calendar year to which the overall report relates.

13

The report required under regulation 35(1), but only if the permit holder has carried out any prospecting or exploration activities referred to in that regulation.

14

The iwi engagement report required under section 33C of the Act.

Part 9 Information required under regulation 39 to be included in report on mining activities under Tier 2 permits

1

The particulars of the permit holder.

2

The reference number of the permit.

3

A summary of mine production for the calendar year to which the report relates.

4

An estimate of planned mine production for the following calendar year or, if no production is planned, the reasons why no production is planned.

5

For holders of Tier 2 permits for coal, an up-to-date estimate of the resource, including—

(a)

total in-ground resources; and

(b)

inferred, indicated, and measured resources; and

(c)

proved and probable reserves.

6

[Revoked]

[Revoked]

Schedule 4 heading: amended, on 24 May 2013, by regulation 46(1) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 3: replaced, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 4: inserted, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 5: inserted, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 6: inserted, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 7: inserted, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 6 item 8: inserted, on 24 May 2013, by regulation 46(2) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 7 item 3: replaced, on 24 May 2013, by regulation 46(3) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 heading: amended, on 24 May 2013, by regulation 46(4) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 3: amended, on 24 May 2013, by regulation 46(5) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 4: amended, on 24 May 2013, by regulation 46(6) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 5: amended, on 24 May 2013, by regulation 46(7) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 6: revoked, on 24 May 2013, by regulation 46(8) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 7: replaced, on 24 May 2013, by regulation 46(9) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 9: replaced, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 10: replaced, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 11: inserted, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 12: inserted, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 13: inserted, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 8 item 14: inserted, on 24 May 2013, by regulation 46(10) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 9 heading: amended, on 24 May 2013, by regulation 46(11) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 9 item 3: amended, on 24 May 2013, by regulation 46(12) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 9 item 4: replaced, on 24 May 2013, by regulation 46(13) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 9 item 5: replaced, on 24 May 2013, by regulation 46(13) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 4 Part 9 item 6: revoked, on 24 May 2013, by regulation 46(13) of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 5 Specifications for preparation and supply of core and samples

r 43(5), (6)

Part 1 Specifications for preparation and supply of core

1

Core must be arranged, in the precise order in which it was cut, in a core tray.

2

Each section of core must be labelled clearly, with indelible ink or core blocks, to indicate depths and to show which is the upper end and which the lower end of the core.

3

Each tray must be labelled clearly on the outside of the tray to show—

(a)

the depth of the upper and lower ends of the core; and

(b)

the name and number of the drill hole the core was obtained from; and

(c)

the name of the permit holder; and

(d)

the permit reference number to which the drill hole relates.

4

If more than 1 core tray is required, trays must be numbered consecutively.

Part 2 Specifications for preparation and supply of samples

1

The samples must be in durable rot-proof bags or containers, arranged in consecutive order, and stored in a suitable box.

2

Each sample must indicate clearly the depth and location from which it was obtained.

3

Each box must be clearly labelled, in indelible ink, on the outside to show—

(a)

the sample designation and number; and

(b)

the name of the survey and number of samples collected; and

(c)

the name of the permit holder; and

(d)

the permit reference number to which the samples relate.

4

If more than 1 box is required, the boxes must be numbered consecutively.

Schedule 6 Information required to be supplied with royalty statements and royalty returns: 2008 minerals programme

[Revoked]

rr 45(3)(a), 46(2)(a), 47(4)(a)

Schedule 6: revoked, on 24 May 2013, by regulation 47 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Schedule 7 Information required to be supplied with royalty returns: Other minerals programme

[Revoked]

rr 49(2), 50(4)(a), (c)

Schedule 7: revoked, on 24 May 2013, by regulation 47 of the Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205).

Rebecca Kitteridge,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 December 2007.

Reprints notes

1 General

This is a reprint of the Crown Minerals (Minerals Other than Petroleum) Regulations 2007 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Contract and Commercial Law Act 2017 (2017 No 5): section 347

Crown Minerals (Minerals Other than Petroleum) Amendment Regulations 2013 (SR 2013/205)

Crown Minerals (Minerals and Coal) Amendment Regulations 2009 (SR 2009/127)

New Zealand Legislation

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Crown Minerals (Minerals Other than Petroleum) Regulations 2007

Crown Minerals (Minerals Other than Petroleum) Regulations 2007

Order in Council

Note

Contents

Regulations

1 Title

2 Commencement

3 Interpretation

(a)

(b)

(a)

(i)

(ii)

(iii)

(b)

4 Definition of map

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(b)

(i)

(ii)

(iii)

(iv)

(A)

(B)

(C)

(D)

(E)

(v)

(vi)

5 Definition of permit area

(a)

(b)

(c)

(d)

(e)

(f)

(a)

(b)

(c)

(d)

(e)

(f)

Part 1 Matters relating to documents and other required information

6 Signing of documents

(a)

(b)

(a)

(b)

7 Form of documents if not prescribed by chief executive

Format requirements[Revoked]

8 Written documents

9 Documents must be provided to the Secretary electronically

10 Form specified or described on website is acceptable to Secretary

11 Secretary may dispense with regulation 9 requirements

Extensions and exemptions[Revoked]

12 Permit holder may apply for extension of time within which document or thing must be provided

(a)

(b)

13 Permit holder may apply for exemption from requirement to provide document or thing

(a)

(b)

Prescribed forms[Revoked]

14 Prescribed forms

Survey for purposes of section 29 of Act[Revoked]

15 Survey for purposes of section 29 of Act

15A Prescribed information for purposes of section 90B(1) of Act

(a)

(b)

(c)