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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land other than for minimum impact activity

55: Restrictions on determination of access arrangements by arbitrators

You could also call this:

"Rules for arbitrators deciding access to land for mining or looking for minerals"

Illustration for Crown Minerals Act 1991

When you want to access someone's land to look for minerals, an arbitrator can help decide how you can access the land. An arbitrator is not allowed to decide how you can access the land if you want to look for or mine minerals other than petroleum, unless the landowner and you have agreed otherwise or it is allowed under section 66. The arbitrator also cannot decide how you can access certain types of land to look for or mine petroleum.

You cannot access certain land to look for or mine petroleum, unless the landowner agrees. This includes land managed under the Conservation Act 1987 or other Acts listed in Schedule 1 of the Conservation Act 1987. It also includes land with special protections, like open space covenants under the Queen Elizabeth the Second National Trust Act 1977, or covenants under the Conservation Act 1987 or the Reserves Act 1977.

Other types of land that you cannot access to look for or mine petroleum include land that is being used for farming, land near buildings or special areas, and small blocks of land. However, if the land is in the common marine and coastal area, it is not considered one of these protected types of land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246706.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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54A: Access to Schedule 4 land in common marine and coastal area, or

"Rules for accessing special coastal areas with a permit"

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56: Provisions relating to access arrangements, or

"Rules for accessing someone's land when you have an agreement"

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land other than for minimum impact activity

55Restrictions on determination of access arrangements by arbitrators

  1. Subject to section 66, or to any agreement between each owner and occupier of the land and the person desiring access, an arbitrator shall not be entitled to determine an access arrangement in respect of prospecting or exploration for, or mining of, a mineral other than petroleum.

  2. Unless otherwise agreed between each owner and occupier of the land and the person desiring access, an arbitrator shall not be entitled to determine an access arrangement to enable prospecting or exploration for, or mining of, petroleum in respect of the following classes of land:

  3. any land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of the Conservation Act 1987:
    1. land subject to an open space covenant in terms of the Queen Elizabeth the Second National Trust Act 1977:
      1. land subject to a covenant in terms of the Conservation Act 1987 or the Reserves Act 1977:
        1. land for the time being under crop:
          1. land used as or situated within 30 metres of a yard, stockyard, garden, orchard, vineyard, plant nursery, farm plantation, shelterbelt, airstrip, or indigenous forest:
            1. land which is the site of or situated within 30 metres of any building, cemetery, burial ground, waterworks, race, or dam:
              1. land having an area of 4.05 hectares or less.

                1. Land within the common marine and coastal area is deemed, for the purpose of subsection (2), not to be within any of the classes of land described in that subsection.

                Notes
                • Section 55(1): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 55(1): amended, on , by section 11(a) of the Crown Minerals Amendment Act 1993 (1993 No 139).
                • Section 55(2): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 55(2): amended, on , by section 11(b) of the Crown Minerals Amendment Act 1993 (1993 No 139).
                • Section 55(3): added, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).