This clause applies to a permit holder that, immediately before the commencement of the Amendment Act, comprises 2 or more permit participants.

No later than 5 December 2013, the permit holder must—

For the purposes of the principal Act, the permit participant notified to the Minister is, on and from the date of notification, the permit operator for the permit.

Despite section 13, a minerals programme in force immediately before the commencement of the Amendment Act (an old minerals programme) continues to have effect subject to this clause and new section 22(2).

An old minerals programme continues to apply to each relevant existing permit until the earliest of the following events occurs:

Once the event occurs, the minerals programme referred to in new section 13 applies to the permit.

If a minerals programme is approved under new Part 1A in place of an old minerals programme, the holder of a relevant existing permit may opt into that minerals programme (the current minerals programme) by notice in writing to the Minister, and the current minerals programme applies to the permit from the date on which the Minister approves a revised work programme for the permit that is consistent with the current minerals programme.

Any valid action taken in anticipation of, or as part of, offering a permit for allocation by public tender under an old minerals programme (including any consultation) must be treated for all purposes as complying with any requirements imposed in relation to those actions by—

If the Minister has offered permits for allocation by public tender under an old minerals programme, that process must be continued and completed under the principal Act (as amended by the Amendment Act) and any minerals programme approved under new Part 1A in place of the old minerals programme.

The Governor-General may by Order in Council issue a minerals programme that comes into force on the same date as the Amendment Act commences, and any such minerals programme must be treated for all purposes as if it were issued under new section 19(1) and all the requirements of that section had been satisfied.

Despite anything in clause 3, new section 105A, or regulations made under new section 105A, any royalties to be calculated under a permit or a subsequent permit that is granted in exchange for an existing permit must continue to be calculated in accordance with—

Subclause (1) applies on and after 24 May 2013 (the date on which this schedule was replaced by the Amendment Act).

The chief executive, on application by a permit holder who opted in as referred to in subclause (1)(b), may refund an overpaid royalty, or reduce a royalty amount payable, for a reporting period that applied (in whole or in part) on or after 24 May 2013 until the commencement of this subclause (so that the royalty that is paid or payable is consistent with subclause (1)(b)).

Despite subclause (1), the period in relation to which the royalty calculations are made must be that specified in the current regulations made under new section 105A.

Subclause (1) applies even if the minerals programme that applied when the existing permit was granted is replaced.

However, if an existing permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with regulations made under new section 105A as those regulations apply when the change to the permit takes effect.

This clause applies to the following applications and notifications if a final decision in respect of the application or notification has not been made before the commencement of the Amendment Act:

The application or notification must be determined by the Minister or accepted by the chief executive, as the case may be, in accordance with—

The Minister or the chief executive may require the applicant or the person making the notification to provide any further information or document that the Minister or the chief executive considers necessary in order to determine or accept the application or notification in accordance with the principal Act as so amended.

If an application was made under old section 36 or 37 and relates to a change to the specified date by which specified work must be carried out, or to a change to specified work that must be carried out by a specified date, the permit holder does not contravene the conditions if the conditions—

However, if the Minister declines the application, the permit holder contravenes the conditions from the date on which the conditions should have been complied with or fulfilled.

To avoid doubt, any permit granted by the Minister in response to an application made in accordance with this clause is subject to—

This clause applies to every application for a petroleum exploration permit under the principal Act—

An application must be dealt with under the principal Act (as it read immediately before the commencement of the Amendment Act) and the Minerals Programme for Petroleum (2005) (as it read immediately before being revised on 25 January 2012).

A permit granted in respect of an application to which this clause applies has effect as if granted under the principal Act (as amended by the Amendment Act).

Despite new section 35(4), a specified permit may be extended—

In this clause, specified permit means—

This clause applies to every existing exploration permit in relation to which the permit holder has relinquished an area subject to the permit in order to obtain an extension of duration under old section 37.

The relinquishment is deemed to be a relinquishment obligation for the purposes of new section 35C.

This clause applies to every application for an access arrangement under old section 61 in respect of Crown land for which a final decision has not been made before the commencement of the Amendment Act.

The principal Act (as amended by the Amendment Act) applies to the applications.

To avoid doubt, if, immediately before the commencement of the Amendment Act, a final decision has not been made about an access arrangement application made to the Minister of Conservation, the Minister of Conservation or the Minister and the Minister of Conservation, as the case may be, must consider the application in accordance with new Schedule 4.

If the Minister determines, within 90 days after the date on which the Amendment Act comes into force, that an existing non-exclusive petroleum prospecting permit holder or an applicant for a petroleum prospecting permit for which the application is made but not determined before the commencement of the Amendment Act is or will be a speculative prospector (within the meaning of new section 90C(7)), new section 90(8) applies to all information provided by the speculative prospector under new section 90 on or after 1 October 2012.

This subpart applies to existing privileges in replacement of all provisions contained in old Part 2.

Except as otherwise provided in the rest of this clause and subpart, each existing privilege continues to have effect after the commencement of the Amendment Act as if—

Despite subclause (1), sections 63 and 64 of the Petroleum Act 1937 do not apply in respect of any pipeline to which an authorisation granted under Part 2 of that Act relates.

Despite subclause (1), the prohibition in section 240A of the Mining Act 1971 on a Minister delegating a power conferred by section 145 of that Act no longer applies to an existing privilege.

Despite subclause (1), if, after the commencement of the Amendment Act, a holder of an existing privilege makes an application to which section 77 of the Mining Act 1971 or section 48 of the Coal Mines Act 1979 would apply, then—

Despite subclause (1), no extension of the duration of a mining privilege may be granted on an application for a variation of conditions under section 103D of the Mining Act 1971 made after 5 pm on 19 September 2002.

Despite subclause (1), a section of the principal Act (whether a new or an old section) applies to each existing privilege, in the manner provided in the section, if the section in whole or in part expressly relates to or provides for an existing privilege.

New section 27 applies to each existing privilege as if the existing privilege were a permit and the holder or holders of the privilege were permit participants, except that the person designated by the existing privilege holder as the permit operator under that section may be someone other than a holder of the existing privilege.

No later than 5 December 2013, the existing privilege holder must—

For the purposes of the principal Act, the person notified to the Minister is, on and from the date of notification, the permit operator for the existing privilege, unless the permit operator is subsequently changed in accordance with new section 41C.

For the purposes of subclause (3), new section 41C applies to each existing privilege—

New sections 33A, 33B, 90D, and 90E apply to each existing privilege as if the existing privilege were a permit and the holder of the privilege a permit holder.

New sections 33C, 33D, and 90 apply to each existing privilege as if the existing privilege were a permit and the holder of the privilege a permit holder and, for the purpose of those sections, new sections 2B to 2D also apply.

New sections 99B to 99G and 99I to 99M apply to each existing privilege as if the existing privilege were a permit and the holder of the privilege a permit holder, but the reference in new section 99C to an offence against the principal Act must be read as a reference to an offence against the relevant Act referred to in the definition of existing privilege in section 2.

Subject to clause 16, the functions, powers, and duties—

Where there is doubt as to which person is responsible for exercising or performing a particular function, power, or duty, and that doubt cannot be resolved by agreement between those persons, any such person may apply to the Environment Court for an order determining the matter, and the court may grant such an order on such conditions as it thinks fit.

Before the Minister varies the terms and conditions of an existing privilege, or takes any enforcement action against the holder of an existing privilege in respect of the existing privilege, the Minister must give written notice to the consent authority that has any functions, powers, and duties in relation to the privilege under this clause, of the proposed action and the reasons for it.

Before a consent authority varies the terms and conditions of an existing privilege, or takes any enforcement action against the holder of an existing privilege in respect of the existing privilege, the consent authority must give written notice to the Minister of the proposed action and the reasons for it.

A failure to comply with subclause (3) or (4) does not invalidate any variation or enforcement action.

A local authority has, for the purposes of exercising or performing its functions, powers, and duties in relation to an existing privilege under this section, all of the powers conferred on an enforcement officer by section 332 of the Resource Management Act 1991.

Despite clause 12(1)(d) or section 4 of the Health and Safety in Employment Act 1992,—

Despite clause 12(1)(d), the functions, powers, and duties—

References in this section to the Minister include references to any statutory officer appointed under the Act under which the existing privilege was granted.

The administration of monetary deposits and bonds held under section 108A of the Mining Act 1971, section 71 of the Coal Mines Act 1979, or section 47H of the Petroleum Act 1937 must be carried out so that the chief executive holds the monetary deposit or bond, and any money recovered under a bond, but those sections must apply so that, during the duration of, and on the termination of, an existing privilege,—

Where the regional council for the region within which any land subject to a coal mining right is wholly or predominantly situated is satisfied, after consultation with the appropriate territorial authority, that the amount of the deposit or bond lodged in respect of that right pursuant to section 71(1) of the Coal Mines Act 1979 is insufficient to meet the amount that is or may become payable under section 71(3) of that Act, the regional council may, at intervals of not less than 3 years, require the holder of the coal mining right to increase the amount of the deposit or bond accordingly; and the holder of the coal mining right must comply with that requirement.

Within 15 working days after the date on which notice is given to the holder of the coal mining right that a regional council has increased the amount of deposit or bond pursuant to subclause (2), the holder of the coal mining right may appeal against the decision of the regional council by lodging a notice of appeal with the Environment Court.

A copy of the notice of appeal must be served on the regional council and on the chief executive either before or immediately after it is lodged with the Environment Court.

Subject to subclauses (6) and (7), for the purposes of an appeal under this clause, the Environment Court has all the powers, duties, functions, immunities, and discretions conferred on it under the Resource Management Act 1991.

In hearing an appeal under this clause, the Environment Court must have regard to—

On completion of the hearing, the Environment Court must prepare a written decision, which must—

No appeal lies from any decision of the Environment Court under this clause.

This clause applies despite clause 12(1).

The holders of coal mining rights under the Coal Mines Act 1979 are not liable for the payment of rental under that Act in respect of any period following the date of commencement of the principal Act.

The holders of mining privileges under the Mining Act 1971 are not liable for the payment of rental under that Act in respect of any period following the date of commencement of the principal Act.

Persons entitled to the payment of rental under the Coal Mines Act 1979 are not entitled to the payment of rental under that Act in respect of any period following the date of commencement of the principal Act.

Persons entitled to the payment of rental under the Mining Act 1971 are not entitled to the payment of rental under that Act in respect of any period following the date of commencement of the principal Act.

From the date of commencement of the principal Act, the holders of coal mining rights under the Coal Mines Act 1979 and the holders of mining privileges under the Mining Act 1971 are liable to pay to the chief executive the fees in respect of their coal mining right or mining privilege as they would be liable to pay if their coal mining right or mining privilege were the equivalent kind of prospecting permit, exploration permit, or mining permit, as the case may be.

Any ironsands export levy payable under an authorisation given or an agreement entered into under the Iron and Steel Industry Act 1959 must be paid 6-monthly within 30 days after 1 January and 1 July in each year.

Where the holder of an existing privilege fails to make payment to the Crown of an ironsands export levy or royalties payable under the existing privilege by the due date, a penalty of 10% of the amount due shall also become due and payable, by the holder of the existing privilege, to the Crown.

Every holder of a mining licence granted under the Petroleum Act 1937 is not liable to pay any fees provided for in that Act or in any regulations made under that Act, but must pay to the chief executive the fees in respect of the licence as the holder would be liable to pay if the licence were the equivalent kind of prospecting permit, exploration permit, or mining permit, as the case may be.

Subclause (2) applies in relation to the lodging of data and reports in respect of every existing privilege that is—

Despite clause 12(1), from the commencement of the Amendment Act, the holder of an existing privilege is only required to comply with the requirements of the principal Act (as amended by the Amendment Act) for the lodging of data and reports in respect of the licence that would apply if the licence were the equivalent kind of prospecting, mining, or exploration permit, as the case may be.

Every notice issued under section 24 of the Mining Act 1971 before the date of commencement of the principal Act continues to have effect until it is revoked by the Minister, and—

The Minister may revoke—

If, immediately before the date of commencement of the principal Act, any claim for compensation under any enactment repealed by the principal Act has been or could be made, that claim may be made or continued and enforced in all respects as if the principal Act had not been enacted.

No person is entitled to compensation from the Crown in respect of any losses arising from—

This clause applies if, before the commencement of the Amendment Act,—

The notice must be treated as if it were a notice made—

This Act (including sections 32, 36, 39, and 40) continues to apply to existing permits as if the Amendment Act had not been enacted.

Existing permits (including any conditions to which the permits are subject immediately before the commencement of the Amendment Act) continue to have effect according to their terms (unless and until those conditions are amended, or those terms are changed, in accordance with this Act as if the Amendment Act had not been enacted).

This Act (including sections 23A, 25, and 32) applies to the following applications for a subsequent permit as if the Amendment Act had not been enacted:

Subclause (1) applies to applications for a subsequent permit lodged before or after the commencement of the Amendment Act.

Clause 26 does not apply to those applications.

This Act (including sections 32, 36, 39, and 40) applies to the following subsequent permits as if the Amendment Act had not been enacted:

Subclause (1) applies to subsequent permits granted before or after the commencement of the Amendment Act.

Any application that was lodged or submitted, but not determined, before the commencement of the Amendment Act—

Subclause (1) applies despite anything to the contrary in this Act.

The Amendment Act does not affect existing privileges (see section 2).

This Act continues to have effect for the purpose of subclause (1) as if it had not been amended by the Amendment Act.

The proceedings in the High Court between Greymouth Gas Turangi Limited and the Minister of Energy and Resources (CIV 2018-485-237) may be continued, heard, and determined, or settled, as if the Amendment Act (other than this clause) had not been enacted.

Nothing in sections 17 and 18 applies to a change to a minerals programme if the change inserts information into the programme to explain the effect of the amendments made to this Act by the Amendment Act.