Crown Minerals (Minerals Fees) Regulations 2016
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Version as at 25 September 2025
Crown Minerals (Minerals Fees) Regulations 2016
(LI 2016/275)
Patsy Reddy, Governor-General
Order in Council
At Wellington this 21st day of November 2016
Present:
Her Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
These regulations are made under section 105(1)(i) and (j) of the Crown Minerals Act 1991 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Crown Minerals (Minerals Fees) Regulations 2016.
2 Commencement
These regulations come into force on 1 January 2017.
3 Application of regulations
These regulations do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Petroleum Fees) Regulations 2016.
4 Interpretation
(1)
In these regulations,—
Act means the Crown Minerals Act 1991
offshore, in relation to a permit, means that the permit relates to an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark
onshore, in relation to a permit, means that the permit is not an offshore permit
year means a period of 12 months beginning on 1 July and ending with 30 June.
(2)
Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.
5 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Part 1 Annual fees
6 Application
Subject to Schedule 1, the annual fees in this Part apply to—
(a)
any year beginning on or after 1 July 2017; and
(b)
any permit granted or extended under section 35A or 36 of the Act on or after 1 January 2017.
7 Annual fee payable under onshore prospecting permit
The annual fee payable under an onshore prospecting permit is the greater of—
(a)
$54.80 per square kilometre or part of a square kilometre; and
(b)
$1,400.
8 Annual fee payable under offshore prospecting permit
The annual fee payable under an offshore prospecting permit is the greater of—
(a)
$3.11 per square kilometre or part of a square kilometre; and
(b)
$1,400.
9 Annual fee payable under onshore exploration permit
The annual fee payable under an onshore exploration permit or an extension of the duration of the permit under section 35A or 36 of the Act is the greater of—
(a)
$311.30 per square kilometre or part of a square kilometre; and
(b)
$1,400.
10 Annual fee payable under offshore exploration permit
The annual fee payable under an offshore exploration permit or an extension of the duration of the permit under section 35A or 36 of the Act is the greater of—
(a)
$9.33 per square kilometre or part of a square kilometre; and
(b)
$1,400.
11 Annual fee payable under onshore mining permit
(1)
The annual fee payable under a Tier 1 onshore mining permit is the greater of—
(a)
$1,790 per square kilometre or part of a square kilometre; and
(b)
$1,400.
(2)
The annual fee payable under a Tier 2 onshore mining permit is the greater of—
(a)
$1,790 per square kilometre or part of a square kilometre; and
(b)
$1,000.
(3)
The annual fee payable under a Tier 3 permit is $1,000.
Regulation 11(3): inserted, on 25 September 2025, by regulation 4 of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
12 Annual fee payable under offshore mining permit
The annual fee payable under an offshore mining permit is the greater of—
(a)
$88.89 per square kilometre or part of a square kilometre; and
(b)
$1,400.
13 When annual fee is payable
The annual fees payable under regulations 7 to 12 are payable annually in advance within 30 days after 1 July.
14 Special rules for annual fees payable in respect of permits granted or extended during year
Despite regulations 7 to 13,—
(a)
if the permit in respect of which the fee is payable is granted during the year,—
(i)
the first payment of the annual fee must be made within 30 days after the date on which the permit is granted; and
(ii)
the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the permit is granted; and
(b)
if the extension of the duration of the permit under section 35A or 36 of the Act in respect of which the fee is payable is granted during the year,—
(i)
the first payment of the annual fee must be made within 30 days after the date on which the extension is granted; and
(ii)
the amount of the payment is the proportion of the annual fee that corresponds to the proportion of the year left to run on the date on which the extension is granted.
Part 2 Fees other than annual fees
15 Application and other fees
The fees specified in Schedule 2 are prescribed as the fees payable in respect of any matter specified in that schedule that occurs on or after the date on which these regulations commence.
Part 3 Miscellaneous
16 Refund of fees
(1)
Application fees paid under the Act are not refundable on the withdrawal, rejection, or refusal of the application, except with the approval of the Minister.
(2)
The Minister may approve the refund of the total fee or part of the fee if the Minister considers that exceptional circumstances warrant the payment of a refund.
17 Fees exclusive of GST
The fees prescribed under these regulations are exclusive of goods and services tax.
18 Revocation
The Crown Minerals (Minerals Fees) Regulations 2006 (SR 2006/226) are revoked.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to these regulations as made
1 Adjustment of annual fee for permit or extension for period beginning before 1 January 2017 and ending on or after that date
(1)
This clause applies to a permit or an extension that relates to a period that commences at any time before 1 January 2017 and ends on or after that date.
(2)
For a permit or an extension that expires on or after 30 June 2017, this clause applies to the annual fee for the period that—
(a)
starts on the later of 1 July 2016 and the date of the grant of the permit or extension; and
(b)
ends on 30 June 2017.
(3)
For a permit or an extension that expires during the period starting on 1 January 2017 and ending before 30 June 2017, this clause applies to the annual fee for the period that—
(a)
starts on the later of 1 July 2016 and the date of the grant of the permit or extension; and
(b)
ends on the expiry of the permit or extension.
(4)
The annual fee payable under a permit or an extension for the period is pro rated, with the old annual fee applying to the part of the period that is before 1 January 2017 and the new annual fee applying to the part of the period that is on or after 1 January 2017.
(5)
In this clause,—
new annual fee means the annual fee calculated in accordance with regulations 7 to 12 and 14 of these regulations
old annual fee means the annual fee calculated in accordance with regulations 6 to 9 and 11 of the Crown Minerals (Minerals Fees) Regulations 2006 as in force at the close of 31 December 2016.
2 Payment of extra annual fee
(1)
This clause applies if the annual fee calculated under clause 1 is more than the amount that the permit holder has paid or is liable for as the annual fee for the permit or extension.
(2)
The permit holder must pay the chief executive the difference between the amount calculated under clause 1 and the amount that the permit holder has paid or is liable for.
(3)
The permit holder must make the payment on or before 31 January 2017.
3 Refund of overpaid annual fee
(1)
This clause applies if the annual fee calculated under clause 1 is less than the amount that the permit holder has paid as the annual fee for the permit.
(2)
The chief executive must refund to the permit holder the difference between the amount calculated under clause 1 and the amount that the permit holder has paid.
(3)
The chief executive must pay the refund on or before 31 March 2017.
Part 2 Provision relating to Crown Minerals (Minerals Fees) Amendment Regulations 2024
Schedule 1 Part 2: inserted, on 6 June 2024, by regulation 4(a) of the Crown Minerals (Minerals Fees) Amendment Regulations 2024 (SL 2024/55).
4 Fee for application under section 41AC of Act
(1)
The fee specified in Schedule 2 for an application under section 41AC of the Act applies only to applications made on or after 6 June 2024.
(2)
Regulation 15 is subject to this clause.
Schedule 1 clause 4: inserted, on 6 June 2024, by regulation 4(a) of the Crown Minerals (Minerals Fees) Amendment Regulations 2024 (SL 2024/55).
Schedule 2 Application fees
| Application fees | ($) | |
| Application for prospecting permit | 3,000 | |
| Application for exploration permit | 3,000 | |
| Application for mining permit Tier 1 | 14,500 | |
| Application for mining permit Tier 2 | 5,000 | |
| Application for Tier 3 permit | 2,420 | |
| Application for certificate of extension of duration of permit under section 35A of the Act | 3,850 | |
| Application under section 36 of the Act (including an application to extend the duration of a permit but excluding an application relating to a Tier 3 permit) | 3,025 | |
| Application under section 36 of the Act relating to a Tier 3 permit | 1,452 | |
| Application under section 41AC or 41B of the Act | 2,200 | |
| Application under section 41 or 41C of the Act, or notification under section 41AG or 41A of the Act (excluding an application or notification relating to a Tier 3 permit) | 2,200 | |
| Application under section 41 or 41C of the Act, or notification under section 41AG or 41A of the Act, relating to a Tier 3 permit | 1,064 |
Schedule 2 table: amended, on 25 September 2025, by regulation 5(1) of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
Schedule 2 table: amended, on 25 September 2025, by regulation 5(2) of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
Schedule 2 table: amended, on 25 September 2025, by regulation 5(3) of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
Schedule 2 table: amended, on 25 September 2025, by regulation 5(4) of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
Schedule 2 table: amended, on 25 September 2025, by regulation 5(5) of the Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187).
Michael Webster,
Clerk of the Executive Council.
Date of notification in Gazette: 24 November 2016.
Notes
1 General
This is a consolidation of the Crown Minerals (Minerals Fees) Regulations 2016 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Crown Minerals (Minerals Fees) Amendment Regulations 2025 (SL 2025/187)
Crown Minerals (Minerals Fees) Amendment Regulations 2024 (SL 2024/55)
Versions
Crown Minerals (Minerals Fees) Regulations 2016
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