Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Work programmes in respect of subsequent permits

43: Work programmes to be approved by Minister

You could also call this:

"The Minister must approve your work plan before you can get a permit."

Illustration for Crown Minerals Act 1991

When you apply for a permit, the Minister must check your work programme before they can grant you the permit, if you have a right to get the permit under section 32. The Minister has six months to decide whether to approve your work programme or not. They might not approve it if it goes against good industry practice or if approving it would mean acting contrary to section 22.

If the Minister does not approve your work programme, you can submit a modified version within a reasonable time frame. The Minister will then have another six months to decide whether to approve the modified programme or not. They will make this decision based on the same criteria as before, and they will let you know what they decide.

The Minister can only grant you a permit if they have approved your work programme. You have the chance to modify and resubmit your work programme if the Minister does not approve it the first time. The Minister's decision is based on whether your work programme meets certain standards and follows the rules set out in the legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246377.


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"Telling the government when you plan to stop and when you've stopped mining for petroleum"


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44: Duty of Minister withholding approval of work programme, or

"Minister must explain why they don't approve your work plan and give you a chance to fix it"

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Work programmes in respect of subsequent permits

43Work programmes to be approved by Minister

  1. Where an application is made for a permit and the applicant has a right to receive the permit under section 32, the Minister must not grant the permit unless he or she has approved the work programme for the permit.

  2. Where an application is made for a permit and the applicant has a right to receive that permit under section 32, the Minister, within 6 months after receiving the proposed work programme for the permit applied for, shall either—

  3. approve the programme; or
    1. withhold approval of the programme if the Minister considers that—
      1. it is contrary to good industry practice; or
        1. to approve the programme would be acting contrary to section 22,—
        2. and shall notify the applicant accordingly.

        3. Where the Minister withholds approval of a proposed work programme under subsection (2), the applicant shall be entitled to submit a modified work programme to the Minister within a reasonable period, as specified by the Minister when withholding approval of the proposed work programme, and the Minister shall then, within a further 6 months, either—

        4. approve the modified work programme; or
          1. withhold approval of the modified work programme if the Minister considers that—
            1. it is contrary to good industry practice; or
              1. to approve the programme would be acting contrary to section 22,—
              2. and shall notify the applicant accordingly.

              Notes
              • Section 43(1): replaced, on , by section 35(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
              • Section 43(2)(b)(i): amended, on , by section 35(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).
              • Section 43(3)(b)(i): amended, on , by section 35(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).