New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 14 June 2007
(SR 2006/227)
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 (Petroleum Fees) Regulations 2006 are administered by the Ministry of Economic Development.
Pursuant to section 105(1)(i), (j), and (k) 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 (Petroleum Fees) Regulations 2006.
These regulations come into force on 22 September 2006.
(1) These regulations do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Fees) Regulations 1991 or the Crown Minerals (Minerals Fees) Regulations 2006.
(2) These regulations apply to—
(a) all applications made under the Act for permits for petroleum; and
(b) all permits that relate to petroleum; and
(c) all holders of permits that relate to petroleum.
(1) In these regulations—
Act means the Crown Minerals Act 1991
old regulations means the Crown Minerals (Petroleum Fees) Regulations 1993
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 $4 per square kilometre or part of a square kilometre.
The annual fee payable under an exploration permit is $10.50 per square kilometre or part of a square kilometre.
The annual fee payable under a mining permit is $100 per square kilometre or part of a square kilometre.
The annual fee payable under an extension of the duration of an exploration permit for appraisal work under section 37(2) of the Act is $10.50 per square kilometre or part of a square kilometre.
The annual fees payable under regulations 6 to 9 are payable annually 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 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 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.
The fees in this Part apply in respect of every matter specified in the Schedule that occurs after the date of commencement of these regulations.
The application fees and monetary deposit or bond specified in the Schedule of these regulations are prescribed as the fees and deposit or bond payable in respect of the matters specified in that schedule.
(1) The annual fee in this regulation applies 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, revoked, or expires before 1 January 2007.
(2) The 2006/07 additional fee payable under an exploration permit is—
(a) for the first 1 500 square kilometres, $1.03:
(b) for each additional square kilometre, $3.28.
The 2006/07 additional fee payable under regulation 14 is payable within 30 days after 1 January 2007.
(1) This regulation applies to an annual fee for a mining permit paid under regulation 3 of the old regulations for the year beginning 1 July 2006.
(2) The Secretary must refund $203.13 per square kilometre or part of a square kilometre in respect of the annual fee paid.
(3) The refund by the Secretary 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 where the Minister considers that exceptional circumstances warrant the payment of a refund.
(3) For the avoidance of doubt, subclause (1) does not apply to a deposit or bond paid with an application for a permit.
The fees prescribed by these regulations are inclusive of goods and services tax.
(1) The Crown Minerals (Petroleum Fees) Regulations 1993 (SR 1993/412) are revoked on the commencement of these regulations.
(2) Subclause (3) applies to permits granted or renewed before 22 September 2006.
(3) Despite subclause (1), the fees prescribed as annual fees payable in respect of prospecting, exploration, and mining permits continue to apply for the year beginning 1 July 2006 as if regulation 3 in respect of those items in the Schedule had not been revoked.
Schedule |
| Fees payable on application | $ |
| Prospecting permit | 6,000 |
| Exploration permit | 6,000 |
| Mining permit | 25,000 |
| Extension of duration of exploration permit under section 37(1) of the Act | 2,500 |
| Extension of duration of exploration permit under section 37(2) of the Act | 14,000 |
| Any application under section 36 of the Act | 2,500 |
| Application for Minister's consent under section 41 of the Act | 1,000 |
| Deposit or bond payable with application for permit | |
| Deposit or bond | 250,000 |
Schedule Amendment (change) to permit work programme: revoked, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2007 (SR 2007/112).
Schedule Extension (change) to permit area: revoked, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2007 (SR 2007/112).
Schedule Any application under section 36 of the Act: inserted, on 14 June 2007, by regulation 4(1) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2007 (SR 2007/112).
Schedule Minister's consent to a transfer or dealing: revoked, on 14 June 2007, by regulation 4(2) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2007 (SR 2007/112).
Schedule Application for Minister's consent under section 41 of the Act: inserted, on 14 June 2007, by regulation 4(2) of the Crown Minerals (Petroleum Fees) Amendment Regulations 2007 (SR 2007/112).
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 (Petroleum Fees) Regulations 1993 (the old regulations).
The regulations prescribe the various fees payable under the Crown Minerals Act 1991 (the Act) in respect of petroleum but do not apply in respect of any matter for which a fee is payable under the Crown Minerals (Fees) Regulations 1991 or the Crown Minerals (Minerals Fees) Regulations 2006.
The principal changes in fees payable include the following:
removal of miscellaneous fees for copying information, application fees for duplicate permits, and lodgement fees for permit surrenders:
reduction of annual fees for mining permits:
increases in all application fees for prospecting, exploration, and mining permits, changes to permits, extensions of duration of permits, and consents to transfer 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.
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 contains transitional provisions for annual fees payable under certain permits 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 19(3)) but—
regulation 14 prescribes 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 exploration permits. These additional fees do not apply to a permit granted or extended under section 37(1) or (2) of the Act on or after 22 September 2006, or to a permit that is surrendered, revoked, or expires before 1 January 2007. The additional fees must be paid within 30 days after 1 January 2007:
regulation 16 provides for a refund of part of the annual fee paid under a mining permit. The refund must be paid by the Secretary within 30 days after 1 January 2007.
Application and other fees
Part 2 prescribes the application 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 17 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 (Petroleum Fees) Regulations 2006. The reprint incorporates all the amendments to the Crown Minerals (Petroleum 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).
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