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Crown Minerals Act 1991

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

105B: Regulations not invalid for certain matters

You could also call this:

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

Illustration for Crown Minerals Act 1991

If you make a regulation under section 105 or 105A of the Crown Minerals Act 1991, it is not invalid just because it lets the Minister or someone else decide things. You can decide to give consent or approval with conditions, set standards, or make other decisions. The regulation is still valid even if it leaves some matters up to the Minister or someone else.

If you make a regulation under section 105A, it is not invalid just because it lets the Minister or someone else determine costs, value, or price to calculate royalties. This means you can use the regulation to work out how much royalty is payable in a particular case. The regulation is still valid for this purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5237834.

Topics:
Environment and resources > ConservationBusiness > Industry rules
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105A: Regulations relating to royalties, or

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

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105C: Regulations may incorporate material by reference, or

"Rules can include other information by referencing it, like a book, without copying it all in."

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

105BRegulations not invalid for certain matters

  1. No regulation made under section 105 or 105A is invalid because—

  2. it authorises the Minister or any other person—
    1. to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or any other person; or
      1. to set any standard; or
      2. it otherwise leaves any matter to the discretion of the Minister or any other person.

        1. No regulation made under section 105A is invalid because it authorises the Minister or any other person to determine any costs, value, or price for the purpose of assessing royalties payable in any case.

        Notes
        • Section 105B: inserted, on , by section 58 of the Crown Minerals Amendment Act 2013 (2013 No 14).