2Interpretation

1. In this Act, unless the context otherwise requires,—

   access arrangement and arrangement means an arrangement to permit access to land—

   1. entered into by way of arrangement or determined by an arbiter in accordance with this Act; and
   2. between a person desiring to carry out mineral-related activities and either—
      1. the owner (and occupier, if any) of the land; or
      2. in the case of land in the common marine and coastal area that is not a customary marine title area, the appropriate Minister

   appropriate Minister has the meaning given by section 2A

   bed means—

   1. in relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and
   2. in relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin; and
   3. in relation to the sea, the submarine areas covered by the internal waters and the territorial sea

   change includes amend, add to, delete from, and replace

   chief executive means the chief executive of the department that, with the authority of the Prime Minister, is responsible for the administration of this Act

   coal means anthracite, bituminous coal, sub-bituminous coal, lignite, and peat; and includes every other substance worked or normally worked with coal

   coastal marine area has the meaning given in section 2(1) of the Resource Management Act 1991

   common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991

   continental shelf has the same meaning as in section 2(1) of the Continental Shelf Act 1964

   contravene includes fail to comply with

   controlling authority, in relation to land, means—

   1. in the case of land within 20 metres of a road, the authority having control of the road:
   2. in the case of land within 100 metres of a public bridge, the authority having control of the public bridge:
   3. in the case of land within 60 metres of a private bridge, the person owning or having control of the private bridge:
   4. in the case of land within 100 metres of a railway, the person responsible for the administration of that railway:
   5. in the case of land within 60 metres of any river control or flood protection work, the authority having control of the river control or flood protection work

   crop means plants grown on cultivated land, the produce of which is to be harvested

   Crown land means all land held in allodium by, or the fee simple title to which is vested in, the Crown whether by virtue of Crown prerogative, operation of law, any enactment, or any deed or instrument; and includes—

   1. land alienated by way of lease or licence under section 66, section 68, or section 69 of the Land Act 1948; and
   2. Crown land within the meaning of paragraphs (a) to (f) of the definition of the term Crown land in section 2 of the Land Act 1948

   Crown owned mineral means any mineral that is the property of the Crown

   current means, in relation to a permit, that the permit has been granted and has not expired or been surrendered or revoked; and currency has a corresponding meaning

   customary marine title agreement has the meaning given to agreement in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   decommissioning has the meaning set out in section 89E

   discovery means the discovery of a deposit or occurrence of a mineral

   draft minerals programme means a programme prepared or in the course of preparation under section 15

   dwellinghouse means any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is sited

   enforcement officer,—

   1. other than for the purposes of sections 101A to 101C, means a person appointed under section 99A:
   2. for the purposes of sections 101A to 101C, has the meaning given by section 101C(6)

   enter includes to re-enter; and entry has a similar meaning

   existing privilege means any of the following:

   1. any mining privilege granted under Part 4 of the Mining Act 1971:
   2. any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971:
   3. any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979:
   4. any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act:
   5. any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act

   exploration means any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of 1 or more minerals; and includes any drilling, dredging, or excavations (whether surface or subsurface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence; and to explore has a corresponding meaning

   exploration permit means an exploration permit granted under this Act

   foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area

   fuel minerals includes coal and petroleum

   gold includes any substance containing gold, or having gold mixed in it

   gold fossicking area means any area designated under section 98 or 98A to be a gold fossicking area

   good industry practice, in relation to an activity, means acting in a manner that is technically competent and at a level of diligence and prudence reasonably and ordinarily exercised by experienced operators engaged in a similar activity and under similar circumstances, but (for the purposes of this Act) does not include any aspect of the activity regulated under environmental legislation

   Government policy statement or GPS means a Government policy statement issued under section 12

   health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

   in, in relation to land, means on or under the surface of land

   industrial rocks and building stones includes aggregate, basalt, diatomite, dunite, granite, limestone, marble, perlite, pumice, sandstone, serpentine, slate, sand, and gravel

   initial permit means a permit that is not a subsequent permit

   internal waters has the meaning given by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   land includes land covered by water; and also includes the foreshore and seabed to the outer limits of the territorial sea

   local authority means a regional council or a territorial authority (as those terms are defined in section 5(1) of the Local Government Act 2002)

   Maori land has the same meaning as in Te Ture Whenua Maori Act 1993; and includes Maori reserves within the meaning of that Act

   metallic minerals includes compounds of aluminium, chromium, copper, gold, iron, lead, manganese, mercury, molybdenum, nickel, platinum, silver, tin, titanium, tungsten, uranium, vanadium, and zinc

   mineral means a naturally occurring inorganic substance beneath or at the surface of the earth, whether or not under water; and includes all metallic minerals, non-metallic minerals, fuel minerals, precious stones, industrial rocks and building stones, and a prescribed substance within the meaning of the Atomic Energy Act 1945

   minerals programme means a programme issued by the Governor-General under section 19 that is current

   minimum impact activity means any of the following:to the extent that it does not involve any activity that results in impacts of greater than minimum scale and in no circumstances shall include activities involving—

   1. geological, geochemical, and geophysical surveying:
   2. taking samples by hand or hand held methods:
   3. taking small samples offshore by low-impact mechanical methods:
   4. aerial surveying:
   5. land surveying:
   6. any activity prescribed as a minimum impact activity:
   7. any lawful act incidental to any activity to which paragraphs (a) to (e) relate—
   8. the cutting, destroying, removing, or injury of any vegetation on greater than a minimum scale; or
   9. the use of explosives; or
   10. damage to improvements, stock, or chattels on any land; or
   11. any breach of the provisions of this or any other Act, including provisions in relation to protected native plants, water, noise, and historic sites; or
   12. the use of more persons for any particular activity than is reasonably necessary; or
   13. any impacts prescribed as prohibited impacts; or
   14. entry on land prescribed as prohibited land

   mining—

   1. means to take, win, or extract, by whatever means,—
      1. a mineral existing in its natural state in land; or
      2. a chemical substance from a mineral existing in its natural state in land; and
   2. includes—
      1. the injection of petroleum into an underground gas storage facility; and
      2. the extraction of petroleum from an underground gas storage facility; but
   3. does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a)

   mining operations—

   1. means operations in connection with mining, exploring, or prospecting for any Crown owned mineral; and
   2. includes, when carried out at or near the site where the mining, exploration, or prospecting is undertaken,—
      1. the extraction, transport, treatment, processing, and separation of any mineral or chemical substance from the mineral; and
      2. the construction, maintenance, and operation of any works, structures, and other land improvements, and of any related machinery and equipment connected with the operations; and
      3. the removal of overburden by mechanical or other means, and the stacking, deposit, storage, and treatment of any substance considered to contain any mineral; and
      4. the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on the operations; and
      5. the doing of all lawful acts incidental or conducive to the operations; and
   3. includes any activities relating to the injection into and extraction of petroleum from an underground gas storage facility

   mining permit means a mining permit granted under this Act

   Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

   non-exclusive permit means a permit which confers a right to prospect or explore for, or mine, any Crown owned mineral which right is not exclusive to the holder of the permit

   non-metallic minerals includes asbestos, barite, bentonite, calcite, clays, dolomite, feldspar, fluorite, magnesite, mica, phosphate, potash, quartz, salt, silica lump, silica sand, sulphur, talc, and wax

   occupier, in relation to land, means a person who has a right to occupy the land by virtue of a lease, sublease, licence, or any renewal thereof, granted by the owner of the land; and includes—

   1. a holder of an exploration permit or mining permit who has a right of access in respect of the land for the purpose of carrying out an activity under the permit or mining operations; and
   2. a person in actual occupation of the land by virtue of being the holder of an existing privilege (other than an authorisation granted under Part 2 of the Petroleum Act 1937); and
   3. a controlling authority in respect of the land

   offshore means anywhere that is the seaward side of the mean high-water mark

   owner means—

   1. in relation to Crown land, the appropriate Minister within the meaning of subsection (2); and
   2. in relation to land other than Crown land, the person or persons who hold the fee simple title to the land; and includes, except for the purposes of sections 8 and 49 to 52, the person or persons (other than the Crown) who owns or own the minerals in the land

   participating interest,—

   1. in relation to a permit, means an undivided share of the permit that is expressed as a percentage recorded on the permit:
   2. in relation to a licence granted under Part 1 of the Petroleum Act 1937, means an undivided share of the licence that is recorded on the licence

   permit means a prospecting permit, an exploration permit, or a mining permit to the extent that it remains current; or, if the context requires, all or any of these permits, except in subparts 2 and 3 of Part 1B

   permit holder means the person who is the sole permit participant, or all of the permit participants, as the case may be

   permit operator means the person described in section 27

   permit participant means a person who holds a participating interest in a permit

   permit year means the period of 12 months from the commencement of a permit, or any successive period of 12 months from an anniversary of the commencement of a permit

   person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate

   petroleum means—and, except in sections 10 and 11, includes any petroleum as so defined which has been mined or otherwise recovered from its natural condition, or which has been so mined or otherwise recovered but which has been returned to a natural reservoir for storage purposes

   1. any naturally occurring hydrocarbon (other than coal) whether in a gaseous, liquid, or solid state; or
   2. any naturally occurring mixture of hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state; or
   3. any naturally occurring mixture of 1 or more hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely hydrogen sulphide, nitrogen, helium, or carbon dioxide—

   petroleum infrastructure has the meaning set out in section 89F

   petroleum mining permit means a mining permit for petroleum

   prescribed means prescribed by regulations made under this Act

   prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require

   private bridge means a bridge or culvert (other than a footbridge) that is owned by or under the control of any person other than the Government or a public authority

   prospecting—

   1. means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and
   2. includes the following activities:
      1. geological, geochemical, and geophysical surveying:
      2. aerial surveying:
      3. taking samples by hand or hand held methods:
      4. taking small samples offshore by low-impact mechanical methods

   prospecting permit means a prospecting permit granted under this Act

   public bridge means a bridge or culvert intended for public use or for use in connection with any public work within the meaning of the Public Works Act 1981 and under the control of the Government or any public authority

   public notice, when given by the Minister, means notice published in 1 or more daily newspapers circulating in the main metropolitan areas

   railway means a railway within the meaning of the New Zealand Railways Corporation Act 1981 and also within the meaning of section 2 of the Public Works Act 1981

   regulations means regulations made under this Act

   regulatory agency means—

   1. the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011:
   2. a consent authority:
   3. Maritime New Zealand and the Director of Maritime New Zealand:
   4. WorkSafe New Zealand:
   5. the Department of Conservation

   relevant minerals programme,—

   1. in relation to a permit that had effect immediately before the commencement of section 13 (as enacted by section 18 of the Crown Minerals Amendment Act 2013), means the minerals programme that for the time being applies to the permit under clause 3 of Schedule 1:
   2. in relation to a permit granted on or after the commencement of section 13 (as so enacted), means the minerals programme that for the time being applies to that permit under Part 1A

   right of access means, in respect of land, the right of a permit holder (and employees, agents, and contractors of a permit holder) to enter, use, occupy, and enjoy (with or without vehicles and equipment) the land for the purpose of carrying out lawful activity under a permit or any mining operations

   road means—

   1. a road within the meaning of section 121 of the Public Works Act 1981 or section 315 of the Local Government Act 1974:
   2. a motorway within the meaning of section 2 of the Public Works Act 1981:
   3. a limited access road within the meaning of section 153 of the Public Works Act 1981 or section 346 of the Local Government Act 1974:
   4. a regional road within the meaning of section 362 of the Local Government Act 1974:
   5. a limited access regional road within the meaning of section 371 of the Local Government Act 1974:
   6. a regional motorway within the meaning of section 374 of the Local Government Act 1974

   royalties means money payable to the Crown under section 33(1)(c) in accordance with—

   1. section 34(b); or
   2. regulations made under section 105A

   sand does not include ironsand

   serve means serve in accordance with sections 96 to 96C

   ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

   silver includes any substance containing silver, or having silver mixed in it, other than a substance that also contains gold or has gold mixed in it

   special purpose mining activity means an activity carried out to demonstrate historical mining methods

   specified Act means the—

   1. Health and Safety at Work Act 2015:
   2. Maritime Transport Act 1994:
   3. Resource Management Act 1991:
   4. Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

   speculative prospector has the meaning given by section 90C(7)

   submission means a written submission

   subsequent permit means a permit granted in accordance with section 32

   territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   Tier 1 permit has the meaning given by section 2B(1)

   Tier 2 permit has the meaning given by section 2B(2)

   Tier 3 permit has the meaning given by section 2B(2A)

   Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

   underground gas storage facility means a natural reservoir into which petroleum is injected in a gaseous state for subsequent extraction

   uranium includes thorium and all natural substances, chemical compounds, and physical combinations of uranium or thorium

   work programme means a programme of work to be undertaken by a permit holder in relation to the holder's permit

   working day means any day except—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. a day in the period commencing with 20 December in any year and ending with 15 January in the following year.

2. Repealed

3. Repealed

4. In this Act, unless the context otherwise requires,—

5. a reference to a Part, section, or Schedule, is a reference to a Part, section, or Schedule of this Act; and
6. a reference in a section to a subsection is a reference to a subsection of that section; and
7. a reference in a subsection to a paragraph is a reference to a paragraph of that subsection; and
8. a reference in a section to a paragraph is a reference to a paragraph of that section.

9. For the purposes of this Act, a transfer of a participating interest in a permit or the transfer of a licence or a participating interest in a licence is effective on and after the date of the Minister’s consent to that transfer.