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Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Regulations

105A: Regulations relating to royalties

You could also call this:

"Rules about paying royalties for minerals like coal or gold"

Illustration for Crown Minerals Act 1991

The Governor-General can make rules about royalties on the Minister's advice. You need to know that these rules can cover things like how royalties are calculated, when they are paid, and when returns are submitted. The rules can also say when royalties must be paid.

The rules can be different for various minerals, like coal or gold. They can also vary depending on where the mineral is found, what state it is in, or how it is extracted. You can find more information about how these rules are published by looking at Part 3 of the Legislation Act 2019.

If rules about royalties are already in place when a permit is granted, you have to follow those rules to calculate the royalties. This is true even if the permit is changed or renewed later. However, the time period for calculating royalties must follow the current rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5237833.

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105: Regulations, or

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"Rules made under this law are still valid even if they let others make some decisions."

Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Regulations

105ARegulations relating to royalties

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

  2. prescribing how royalties are to be calculated, or the rate or rates for royalties:
    1. prescribing thresholds that apply for the purpose of determining whether royalties are payable:
      1. prescribing the due dates for royalty payments and submitting royalty returns.

        1. The regulations may make different provisions for—

        2. different minerals:
          1. a mineral that occurs in different specified states, places, phases, or strata:
            1. a mineral that is explored for or extracted by different specified methods.

              1. If regulations made under this section are in force—

              2. when an initial permit is granted in respect of a mineral, royalties must be calculated in accordance with the regulations as they apply at the time the permit is granted:
                1. when a subsequent permit is granted in respect of the same mineral, royalties must also be calculated in accordance with the regulations as they applied at the time the initial permit was granted:
                  1. when a permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with the regulations as they apply when the relevant change to the permit takes effect.

                    1. Despite subsection (3), the period in relation to which the royalty calculations are made must be that specified in the current regulations.

                    2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 105A: inserted, on , by section 58 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                    • Section 105A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).