How the crown minerals act 1991 is administered and applied is set out in. Crown minerals act schedule 4 procedural problems remain nz. Provisions of resource management act 1991 and building act. I have just modified one external link on crown minerals act 1991. Government gazette of the republic of namibia r 19,50 windhoek 31 december 1992 no. Energy and resources ria on ministry of business, innovation and employment website at september 2018. On the first of october 1991 two significant pieces of legislation came into force. Crown minerals act 1991 wikipedia republished wiki 2. This fact sheet explains how mining and coal seam gas csg projects are. The government is asking new zealanders for feedback on proposals to improve the legislation governing oil, gas, and mineral permitting. Whether these two acts achieve this goal with respect to minerals is the subject of this thesis. Section 162 of the eez act allows an operator to continue with existing activities involving structures or. The relationship between the crown minerals act 1991 and. The prospect of reforming the crown minerals act 1991 the act was first raised in the petroleum action plan released by the government in november 2009, and this bill seeks to deliver on one of the key initiatives set out in the action plan intended to facilitate resourcesled economic.
Proposed changes to the crown minerals act 1991 mbie. The legislative framework for prospecting, exploration and mining crown owned minerals in new zealand is set out in the crown minerals act 1991. Private message freshie join date jul 2015 posts 15. We have concluded that the bill appears to be consistent with the rights and freedoms affirmed in the bill of.
Act 1993, and shall be read together with and deemed part of the crown. In other cases, an exploration permit or exploitation concession is valid for the mineral or minerals referred to in the permit or concession. The act guarantees the continuation of free legal public access in, on or over the common marine and coastal area. Crown minerals act 1991 administration of existing privileges, electricity act 1992 disputes about land access to existing works, historic places act 1993 appeals about historic and archaeological sites, biosecurity act 1993 appeals about regional pest strategies. Gold uranium petroleum silver owned by the crown under the crown minerals act 1991 water column. Minister and chief executive must act in accordance with minerals programmes. The crown minerals permitting and crown land bill, an omnibus bill, was introduced to amend the crown minerals act 1991, the conservation act 1987, the continental shelf act 1964, the reserve act 1977 and the wildlife act 1953. Both of these are relevant to the allocation and use of minerals in new zealand. Subject to section 11 crown minerals act 1991 thanks in advance. The relationship between the crown minerals act 1991 and the. Mine health and safety act 29 of 1996 also amended by general law fourth amendment act 2 of 1993 with effect from a date to be proclaimed act.
The crown minerals act 1991 the acts purpose is to promote prospecting for, exploration for, and mining of crown owned minerals for the benefit of new zealand. Aboriginal title and free entry mining regimes in northern. The key changes to the acts are discussed in more detail below. A block is a graticular section of the earths surface. The crown minerals act 1991 and the resource management act 1991 were intended to provide a comprehensive and integrated regime for the management of natural and physical resources. Pursuant to section 101b of the crown minerals act 1991, the chief executive of the ministry of business, innovation and employment hereby gives notice of a noninterference zone in relation to the cosl prospector call sign 9v2356 in petroleum exploration permit pep 50119. Potential changes to schedule 4 of the act created controversy and opposition in 2010. To consider possible changes to the crown minerals act 1991 the act, following the. The crown minerals act 1991 and the resource management. The definition of minerals under the act is very broad it includes gravel, industrial rocks, building stone, coal and petroleum. As a general rule, the crown owns minerals and petroleum, even on privately owned. They are the crown minerals act 1991 and the resource management act 1991.
Section 1 this act applies to the exploration and exploitation of deposits. This submission addresses itself exclusively to the questions raised in chapter 1 of the discussion document about the role and purpose of the crown minerals act cma. The bill makes changes to the crown minerals act 1991 act with its policy objective being. Legal update crown minerals amendment act 20 buddle. Rules and regulations new zealand petroleum and minerals. Legal difficulties with exercise of the power to remove land from schedule 4 of the crown minerals act 1991 should be addressed, the new zealand law society says.
The aim of the bill is to amend the crown minerals act 1991 the cma, the conservation act 1987, the continental shelf act 1964, the reserves act 1977 and the wildlife act 1953 with the aim of. Crown minerals act 1991 viewing now as at 19 february 2019. Marine reserves act or fisheries act but rather are managed by other legislation, such as the whitebait fishing regulations 1994 under the conservation act 1987. Proposed changes to the crown minerals act 1991 the treasury. Public access existing legal public access to the common marine and coastal area is not affected by the act. The bill seeks to add world heritage sites as land areas to which access restrictions apply under schedule 4 of the crown minerals act 1991. The resource management act 1991 rma and the crown minerals act 1991 cma both came into force on 1 october 1991. Crown minerals act schedule 4 procedural problems remain. Submission on the crown minerals permitting and crown land bill. Lpa 01 01 21 5 april 2017 hon christopher finlayson qc. The act creates a special status for the common marine and coastal area, meaning neither the crown nor any other person can own it. Submission on the crown minerals permitting and crown. Example essay questions with suggestions for a good answer.
The changes are aimed at supporting the governments desire to encourage investment in petroleum and minerals exploration and development, while ensuring that operators meet high health. Review of the crown minerals act 1991 regime discussion paper, dated march 2012. The full legal implications of these is not fully known because. Provisions in the new act regarding the crown share in chapter 1, section 6. The purpose of the act is to regulate the prospecting for and the optimal exploitation, processing and utilization of minerals. The crown minerals amendment act 20, which came into force on friday 24 may 20, makes a wide range of changes to the crown minerals act 1991 the act. Hearing results with kraus khelix crown incudoplasty. Advice regarding mining acts on property title are these a common occurrence on properties not located in densely populated areas but those further out of town. Any amendments after the 8 march 2018 is therefore not included in this translation. The crown minerals act 1991 the act under the act, a permit is required to prospect, explore, or mine for minerals that are part of the crown mineral estate, including gold, silver and petroleum. That law remains in force under the crown minerals act 1991 cma section 112. Victoria university of wellington legal research papers. It is noted that section 36 of the bill, which inserts a new section 90a in the act, provides that every holder of a permit must provide to the chief executive all information in connection with mineral reserves and mineral.
Memorandum of agreement crown gold recoveries proprietary. Crown minerals minerals fees regulations 2006 covers fees payable under the crown minerals act for minerals and coal. Fmc bulletin pdf, federated mountain clubs, november 2009, issn 01106120, archived from the. Findings report on oil free activism and oil and gas. The purpose of this act is to promote prospecting for, explor ation for, and mining of crown owned minerals for the benefit.
Restrictions on prospecting or exploring for, or mining, crown owned minerals. Some information has been withheld for the following reasons. Ria on ministry of business, innovation and employment website at september 2018. Aboriginal title and free entry mining regimes in northern canada. The crown minerals permitting and crown land bill was introduced into parliament l ate last week. The act guarantees the continuation of free legal public. For the avoidance of doubt, every mineral reserved in favour of the crown by any enactment shall continue to be reserved in favour of the crown, notwithstanding the repeal of that enactment. The discussion paper contains many good ideas that could, if worked through in. The case arises because there has never been a clear understanding of what navigable means. In essence, you are free to copy, distribute and adapt the work, as long as you.
Purpose of minerals programme repealed minerals programmes. Crown minerals act 1991 no 70 as at 19 february 2019. Mar 29, 2012 the government is asking new zealanders for feedback on proposals to improve the legislation governing oil, gas, and mineral permitting. Reflect on the national misconception that when we buy a house we own it noting. May 20, by section 4 of the crown minerals amendment act 20 20.
It is noted that section 36 of the bill, which inserts a new section 90a in the act, provides that every holder of a permit must provide to the chief executive all information in connection with. Authors, resource management act 1991, briar gordon and others. Examine the extent of an owners rights over subsoil. Proposed changes to the crown minerals act 1991 assessment. Crown minerals permitting and crown land bill 2012. We believe the changes proposed in the new minerals programmes are likely to be more far reaching, in an operational and practical sense, than the.
Short titlethis act may be cited as the crown minerals amendment. Obligation to provide free membership of libraries. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple faq for additional information. Unofficial advice from a lawyer friend indicates they are not a big deal. The minerals programmes are important as they provide further context and give operational effect to the crown minerals act 1991 the act, including a number of the new provisions in the bill.
Under the act, the crown collects information on the mineral estate to promote efficient management of resources and inform investment decisions. Land, foreshore and territorial sea under the crown minerals act 1991 cma 199 the crown owns all silver, gold, petroleum and uranium minerals and. The crown minerals act is an act of parliament passed in 1991 in new zealand. The eez act 2012 applies to all activities at sea 12 nautical miles from the shore to the extent of the exclusive economic zone. Crown minerals amendment bill 471 hon dr megan woods. The purpose behind rma was to integrate the existing laws dealing with town and country planning, land subdivision, water and soil, minerals and energy resources, coastal management, air pollution and noise control into one. Introduction to permits under the crown minerals act 1991. Crown minerals estate with respect to new petroleum exploration. Terms of reference portfolio energy and resources on 26 june 2019, the cabinet economic development committee dev.