Part 1BPermits, access to land, and other matters
Decommissioning of petroleum infrastructure and wells
89EDecommissioning
In this Act, unless the context otherwise requires, decommissioning, in relation to any petroleum infrastructure or a well,—
- means an activity undertaken under any enactment (for example, the Resource Management Act 1991, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or the Health and Safety at Work Act 2015), and in accordance with any requirements or standards set by or under that enactment or imposed by a regulatory agency, to take out of service permanently petroleum infrastructure or a well used for prospecting or exploring for, or mining of, petroleum; and
- includes (without limitation) and to the extent required by this Act or another enactment or by standards or by a regulatory agency,—
- removing petroleum infrastructure; and
- plugging and abandoning a well; and
- undertaking site restoration when production of a well ceases (for whatever reason); and
- any other prescribed activity in relation to any petroleum infrastructure, or well drilled for the purposes of exploring or prospecting for, or mining of, petroleum.
- removing petroleum infrastructure; and
However, in relation to petroleum infrastructure, that infrastructure must be decommissioned by totally removing it, unless—
- an exemption has been granted under section 89Y; or
- a class exemption prescribed in regulations made under section 105(1)(qb) applies; or
- any other legislation, relevant standard, or requirement by a regulatory agency contains any different requirements or standards relating to the method of decommissioning a particular item of petroleum infrastructure (in whole or in part).
Despite subsection (2), an item of infrastructure left in place in accordance with an exemption under section 89Y, or a class exemption prescribed in regulations under section 105(1)(qb), must be treated as having been decommissioned.
Despite subsection (2), an item of infrastructure left in place in accordance with a process set out in the regulations (if any) must be treated as having been decommissioned.
Notes
- Section 89E: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
- Section 89E(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 89E(2): replaced, on , by section 42 of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 89E(2A): inserted, on , by section 42 of the Crown Minerals Amendment Act 2025 (2025 No 40).


