41CChange of permit operator

1. A permit operator may be changed only with the prior consent of the Minister and no change of permit operator has any effect without that consent.

2. An application for consent must—

3. be made by the permit holder; and
4. be made jointly with the proposed new operator if that operator is not an existing permit participant.

5. The Minister may give consent to the change only—

6. if the Minister is satisfied that the permit holder, given the change in permit operator, is highly likely to—
   1. comply with, and give proper effect to, the work programme for the permit; and
   2. comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and
   3. in the case of a permit as defined in section 89D, comply with the relevant obligations in subparts 2 and 3 of Part 1B; and
7. if the change of operator relates to a Tier 1 permit for exploration or mining, if the Minister is satisfied that the proposed permit operator has, or is highly likely to have, by the time the relevant work in the permit is undertaken, the capability and systems that are likely to be required in relation to the types of activities to be carried out under the permit to meet the environmental requirements of the following Acts:
   1. Maritime Transport Act 1994:
   2. Resource Management Act 1991:
   3. Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and
8. if the change of operator relates to a Tier 1 permit for exploration or mining, if the health and safety regulator—
   1. is satisfied that any requirements of the Health and Safety at Work Act 2015, or regulations made under that Act, that the proposed operator must meet before carrying out day-to-day management of activities under the permit have been, or are highly likely to be, met; and
   2. has advised the chief executive that it is so satisfied.