New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 14 June 2007
(SR 2006/226)
Dame Sian Elias, Administrator of the Government
At Wellington this 22nd day of August 2006
Present:
The Right Hon Helen Clark presiding in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
The Crown Minerals (Minerals Fees) Regulations 2006 are administered by the Ministry of Economic Development.
Pursuant to section 105(1)(i) and (j) of the Crown Minerals Act 1991, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Part 1
Annual fees for years beginning on or after 1 July 2007 and for permits granted or extended on or after 22 September 2006
These regulations are the Crown Minerals (Minerals Fees) Regulations 2006.
These regulations come into force on 22 September 2006.
These regulations do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Petroleum Fees) Regulations 1993 or the Crown Minerals (Petroleum Fees) Regulations 2006.
(1) In these regulations—
Act means the Crown Minerals Act 1991
old regulations means the Crown Minerals (Fees) Regulations 1991
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.
The annual fees in this Part apply to—
(a) any year beginning on or after 1 July 2007; and
(b) any permit granted or extended under section 37(1) or (2) of the Act, on or after 22 September 2006.
The annual fee payable under a prospecting permit is $3.50 per square kilometre or part of a square kilometre or $500, whichever is the greater.
The annual fee payable under an exploration permit is,—
(a) for the initial term of the permit, $3.50 per hectare or part of a hectare or $500, whichever is the greater:
(b) under an extension of the duration of the permit under section 37(1) of the Act, $8.50 per hectare or part of a hectare or $500, whichever is the greater.
The annual fee payable under an extension of the duration of an exploration permit under section 37(2) of the Act is $8.50 per hectare or part of a hectare or $500, whichever is the greater.
The annual fee payable under a mining permit is $10 per hectare or part of a hectare or $500, whichever is the greater.
The annual fees payable under regulations 6 to 9 are payable annually in advance within 30 days after 1 July.
Despite regulations 6 to 10,—
(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 of the grant of the permit; 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 of the grant of the permit; and
(b) if the extension of the duration of the permit under section 37(1) or (2) 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 of the grant of the extension; 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 of the grant of the extension.
The fees specified in the Schedule are prescribed as the fees payable in respect of any matter specified in that schedule that occurs on or after the date of commencement of these regulations.
Regulations 14 to 16 apply to the year beginning on 1 July 2006 except to the extent that—
(a) a permit is granted or extended under section 37(1) or (2) of the Act, on or after 22 September 2006; or
(b) a permit is surrendered, is revoked, or expires before 1 January 2007.
The 2006/07 additional fee payable under a prospecting permit is the greater of—
(a) 62 cents per square kilometre or part of a square kilometre; or
(b) $250 minus the amount payable under regulation 3 of the old regulations.
The 2006/07 additional fee payable under an exploration permit,—
(a) for the initial term of the permit, is the greater of—
(i) 62 cents per hectare or part of a hectare; or
(ii) $250 minus the amount payable under regulation 4(1)(a) of the old regulations:
(b) for a permit extended under section 37(1) of the Act, is the greater of—
(i) $2 per hectare or part of a hectare; or
(ii) $250 minus the amount payable under regulation 4(1)(b) of the old regulations.
The additional fees payable under regulations 14 and 15 are payable within 30 days after 1 January 2007.
The Secretary must refund the sum of 63 cents per hectare or part of a hectare in respect of annual fees paid under regulation 5 of the old regulations for the year beginning 1 July 2006.
The refund of fees by the Secretary under regulation 17 must be paid within 30 days after 1 January 2007.
(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.
The fees prescribed by these regulations are inclusive of goods and services tax.
(1) The Crown Minerals (Fees) Regulations 1991 (SR 1991/207) are revoked on the commencement of these regulations.
(2) Despite subclause (1), the following provisions of the Crown Minerals (Fees) Regulations 1991 continue to apply, for the year beginning 1 July 2006, in respect of permits granted or renewed before 22 September 2006:
(a) regulation 3(1) to (3) in respect of prospecting permits:
(b) regulation 4(1) to (3) in respect of exploration permits:
(c) regulation 5(1) to (3) in respect of mining permits.
Schedule |
| Application fees | $ |
| Application for prospecting permit | 1,600 |
| Application for exploration permit | 2,300 |
| Application for mining permit | 3,200 |
| Any application under section 36 of the Act | 2,500 |
| Application for certificate of extension of duration of permit under section 37(1) of the Act | 2,500 |
| Application for certificate of extension of duration permit for appraisal work under section 37(2) of the Act | 3,200 |
| Application for Minister's consent under section 41 of the Act | 600 |
Schedule Application for certificate of extension of minerals: revoked, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Schedule Application for certificate of extension of land to which permit relates: revoked, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Schedule Any application under section 36 of the Act: inserted, on 14 June 2007, by regulation 4(2) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Schedule Application for certificate of change of permit condition: revoked, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Schedule Application for Minister's consent to transfer of permit: revoked, on 14 June 2007, by regulation 4(3) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Schedule Application for Minister's consent under section 41 of the Act: added, on 14 June 2007, by regulation 4(3) of the Crown Minerals (Minerals Fees) Amendment Regulations 2007 (SR 2007/111).
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 22 September 2006, revoke and replace the Crown Minerals (Fees) Regulations 1991 (the old regulations).
The regulations prescribe the various fees payable under the Crown Minerals Act 1991 (the Act) but do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Petroleum Fees) Regulations 1993 or Crown Minerals (Petroleum Fees) Regulations 2006.
The principal changes in fees payable include the following:
abolition of miscellaneous fees for copying information, application fees for duplicate permits, lodgement fees for permit surrenders, and application fees for requesting the appointment of an arbitrator:
reduction of annual fees for mining permits, and fees for applications under section 41 of the Act for the Minister's consent to the transfer of or other dealings with a permit:
an increase in all application fees for prospecting, exploration, and mining permits, changes to permits, and extensions of duration of permits, and in annual fees payable under prospecting and exploration permits:
introduction of a new annual fee, payable under the extension of duration of a permit under section 37(2) of the Act to carry out appraisal work:
reduction of the frequency of annual fee payments:
abolition of penalties for late payment of annual fees for prospecting, exploration, and mining permits.
Annual fees
Part 1 prescribes new annual fees. These apply to—
any year beginning on or after 1 July 2007; and
any permit granted or extended under section 37(1) or (2) of the Act on or after 22 September 2006.
The new annual fees are payable yearly in advance within 30 days after 1 July.
Part 3 prescribes the annual fees payable for the year beginning 1 July 2006. The annual fees payable under the old regulations in respect of prospecting, exploration, and mining permits continue to apply (regulation 21(2)) but—
regulations 14 and 15 prescribe fees that must be paid, in addition to the annual fees payable under the old regulations, as 2006/07 additional fees in the case of prospecting and exploration permits. These additional fees do not apply in respect of a permit granted or extended under section 37(1) or (2) of the Act on or after 22 September 2006, or a permit surrendered, revoked, or which expires before 1 January 2007. The additional fees must be paid within 30 days after 1 January 2007:
regulation 17 provides for a refund of part of the annual fee paid under a mining permit. The refund must be paid within 30 days after 1 January 2007.
Application and other fees
Part 2 prescribes the application fees and other fees payable. These fees apply in respect of every matter specified in the Schedule that occurs after the date of commencement of these regulations.
Regulation 19 provides that application fees will not be refunded on the withdrawal, rejection, or refusal of an application except with the approval of the Minister.
Date of notification in Gazette: 24 August 2006.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Crown Minerals (Minerals Fees) Regulations 2006. The reprint incorporates all the amendments to the Crown Minerals (Minerals Fees) Regulations 2006 as at 14 June 2007, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).