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Crown Minerals Act 1991

Permits, access to land, and other matters - Decommissioning of petroleum infrastructure and wells - Exemptions and deferrals

89Z: Criteria for granting exemption

You could also call this:

"How the Minister decides to exempt you from some rules"

Illustration for Crown Minerals Act 1991

When the Minister is thinking about giving you an exemption under section 89Y, they must check a few things. They need to be sure that the rules are not reasonable or suitable for your situation, or that something has happened to make the rules unnecessary. The Minister also needs to be satisfied that you will not use the petroleum infrastructure or well for exploring or mining petroleum.

The Minister will look at what you plan to use the infrastructure or well for. To make this decision, they can think about who owns the infrastructure or well. They can also consider any special criteria that have been set, or any other matter they think is important.

You should know that the Minister has to follow these steps before they can grant you an exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS622476.

Topics:
Environment and resources > Conservation
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89Y: Exemption and deferral powers of Minister, or

"The Minister can let people off some rules or delay them, with conditions."

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89ZA: Criteria for grant of deferral, or

"When the Minister decides to delay something under section 89Y"

Part 1BPermits, access to land, and other matters
Decommissioning of petroleum infrastructure and wells: Exemptions and deferrals

89ZCriteria for granting exemption

  1. Before granting an exemption under section 89Y, the Minister must—

  2. be satisfied—
    1. that the requirements are unreasonable or inappropriate in the particular case; or
      1. that events have occurred that make the requirements unnecessary or inappropriate in the particular case; or
      2. be satisfied that the petroleum infrastructure or well in question will be used for a purpose other than exploration for, or mining of, petroleum by the person to be granted the exemption.

        1. For the purposes of applying subsection (1)(b), the Minister may consider the following matters:

        2. the ownership of the petroleum infrastructure or well in question:
          1. any prescribed criteria:
            1. any other matter the Minister considers relevant.

              Notes
              • Section 89Z: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).