29AProcess for considering application for Tier 1 or Tier 2 permit

1. An applicant for a Tier 1 permit or a Tier 2 permit must provide to the Minister—

2. the name and contact details of the proposed permit participants and the proposed permit operator; and
3. a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and
4. in the case of an exploration permit for minerals other than petroleum, an estimate of the expected total work programme expenditure in relation to the permit; and
5. any other information prescribed in the regulations.

6. Before granting a Tier 1 permit or a Tier 2 permit, the Minister must be satisfied—

7. that the proposed work programme provided by the applicant is consistent with—
   1. the purpose of this Act; and
   2. the purpose of the proposed permit; and
   3. good industry practice in respect of the proposed activities; and
8. that the applicant is highly likely to comply with, and give proper effect to, the proposed work programme, taking into account—
   1. the applicant's technical capability; and
   2. the applicant's financial capability; and
   3. any relevant information on the applicant’s failure to comply with permits or rights, or conditions in respect of those permits or rights, to prospect, explore, or mine in New Zealand or internationally; and
9. that the applicant is highly likely to comply with the relevant obligations under the Act or the regulations in respect of reporting and the payment of fees and royalties; and
10. in the case of a Tier 1 permit for exploration or mining, that the proposed permit operator has, or is highly likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit; and
11. in the case of an application for a permit as defined in section 89D, that the applicant is highly likely to comply with the relevant obligations in subparts 2 and 3 of Part 1B.

12. For the purposes of the Minister satisfying himself or herself of the matter in subsection (2)(d), the Minister—

13. is only required to undertake a high-level preliminary assessment; and
14. must seek the views of the health and safety regulator and may, but is not required to, obtain the views of any other regulatory agency; and
15. may, but is not required to, rely on the views of the regulatory agencies; and
16. is not required to duplicate any assessment process that a regulatory agency may be required to undertake in accordance with a specified Act.

17. To avoid doubt, subsection (2)(d) does not limit, have any effect on, or have any bearing on—

18. whether the permit holder or permit operator is required to obtain any permit, consent, or other permission under any health and safety or environmental legislation:
19. the granting to the permit holder or permit operator of any permit, consent, or other permission necessary under any health and safety or environmental legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation.

20. This section is subject to sections 29B and 29C.