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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Changes to permits

38: Determination by independent expert

You could also call this:

"An independent expert makes a decision about a permit change after looking at what the Minister and permit holder say in writing."

Illustration for Crown Minerals Act 1991

When a decision needs to be made about changing a permit, an independent expert is called in to help. You need to know that this expert will look at what the Minister and the permit holder have to say, but they do not have to have a meeting with them. The Minister and the permit holder must each give the independent expert their thoughts and any evidence in writing. The independent expert will ask for these writings at a certain time and the Minister and permit holder must also give each other a copy.

The Minister and the permit holder must help the independent expert with anything they need. After thinking about everything, the independent expert will make a decision and tell the Minister and the permit holder in writing. If the independent expert decides to change the work programme, this change must help get the most out of the resource and it will start on the day of the decision.

The permit holder's permit will be changed to match any new work programme decided by the independent expert, and this change will also start on the day of the decision. You should be aware that the independent expert is not there to help the Minister and the permit holder agree, but to make a decision, and the Arbitration Act 1996 does not apply to this decision. The independent expert's costs will be shared equally by the Minister and the permit holder, unless the expert thinks one of them has not been reasonable.

The independent expert's decision is final and the Minister and the permit holder must follow it, but they can agree to split the costs differently if they want to. While the independent expert is making their decision, the permit holder must keep following their current work programme.

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Changes to permits

38Determination by independent expert

  1. In making a determination for the purposes of section 37(3), an independent expert must have regard to the submissions from the Minister and the permit holder respectively, but is not required to conduct a hearing.

  2. Each party must provide a single set of written submissions, and any written evidence and any relevant documents or technical reports may be provided with the submissions.

  3. In accordance with a timetable set by the independent expert,—

  4. the permit holder must provide its submissions to the independent expert and provide a copy to the Minister at the same time; and
    1. the Minister must subsequently provide his or her submissions to the independent expert and provide a copy to the permit holder at the same time.

      1. The Minister and the permit holder must provide the independent expert with any assistance the independent expert may reasonably request.

      2. After due consideration, the independent expert must provide a written determination to the Minister and the permit holder.

      3. Any change to a work programme determined by the independent expert—

      4. must be limited to what is reasonably required to ensure that the economic recovery of the resource is maximised in accordance with good industry practice; and
        1. takes effect on the date of the determination.

          1. The conditions of the permit holder's permit are deemed to be changed—

          2. in accordance with any change to a work programme determined by the independent expert; and
            1. with effect on the date of the determination.

              1. The independent expert must not act as a mediator or an arbitrator and the Arbitration Act 1996 does not apply.

              2. The independent expert's fees must be borne equally by the Minister and the permit holder unless the independent expert determines one party should bear a greater proportion or all of the fees on the ground that the party's position has not been reasonable.

              3. The independent expert's determination is final and binding on the parties and there is no right of appeal against the determination. However, if the Minister and the permit holder agree a different allocation of costs to that determined by the independent expert, the determination must be treated as varied to the extent agreed.

              4. The permit holder must continue to comply with its existing work programme pending the independent expert's consideration and determination of the matter.

              Notes
              • Section 38: replaced, on , by section 30 of the Crown Minerals Amendment Act 2013 (2013 No 14).