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Fast-track Approvals Bill

Amendments and repeals

Schedule 10: Process under Approvals relating to Crown Minerals Act 1991

You could also call this:

“Rules for mining on protected land”

You need to apply for an access arrangement if you want to do mining activities on conservation land. When you apply, you must give lots of information about your plans, including maps, descriptions of the land and environment, and details about what you want to do.

The Department of Conservation will write a report about your application. They will look at how your activities might affect the environment and suggest any rules that should be put in place. A panel of experts will then look at your application and the report. They will think about things like the purpose of the law, how the land is used, and what benefits your activities might bring.

If your application is approved, there might be some conditions you need to follow. The access arrangement will work like it was given under the Crown Minerals Act. If you want to change your access arrangement later, you’ll need to apply for that too. While your access arrangement is in place, some normal conservation plans won’t apply to the land you’re using.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943514.

Topics:
Environment and resources > Conservation
Environment and resources > Farming and fishing
Business > Industry rules
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10 Process under Approvals relating to Crown Minerals Act 1991 Empowered by s 30A

2Interpretation

  1. In this schedule, unless the context otherwise requires, access arrangement means the relevant approval of the kind referred to in section 24C(3)(i) or (j) .

    2AInformation requirements for access arrangement

    1. For the purposes of section 24D(2) , an application for an access arrangement must include the following:

    2. a copy of the relevant permit under the Crown Minerals Act 1991:
      1. a clear map or plan of the application area with GPS co-ordinates:
        1. a document identifying the areas of conservation land located within the application area, its classification, and an assessment against its purpose:
          1. a description of the proposal, including—
            1. the application area including location and features (for example, water courses, roads, and amenities):
              1. a summary of proposed activities (including type of prospecting, exploration, or mining methods, duration, and scale of activity):
                1. a statement of the objectives of any Act under which the land is administered:
                  1. any policy statement, management strategy, or management plan of the Crown that applies in relation to the land:
                    1. details of any resource consents and concessions held or applied for, or intended applications in relation to the application area:
                      1. in the case of an application under section 24C(3)(i) , a statement of the direct net economic and other benefits of the proposed activities in relation to which the access arrangement is sought:
                        1. in the case of an application under section 24C(3)(j) , the interests of the owner of the mineral, or of any person to whom the owner of the mineral has granted any rights in relation to the mineral, in obtaining access to that mineral:
                        2. an assessment of the environment, including—
                          1. a description of the existing natural environment in and around the application area (including flora, fauna, aquatic life, and landscape):
                            1. a description of any historic, cultural, and archaeological sites within the application area (position and significance):
                              1. a description of the social environment in and around the application area (including scenic qualities, recreation facilities, and their use):
                                1. an assessment of the effects that proposed activities will have on the environment described in subparagraph (i) , both while the activities are taking place and after their completion:
                                  1. an outline of consultation undertaken, including full details of consultation with relevant iwi:
                                    1. a description of the proposed safeguards and mitigation measures to be put in place (for example, proposed rehabilitation, water management, management of flora and fauna and cultural or historic sites, and the way in which risks will be managed):
                                      1. information about financial and legal liabilities and obligations associated with the land.

                                      2BReport by Department of Conservation

                                      1. The report referred to in section 24G(2)(e) must include information—

                                      2. about the report to address the matters in clauses 3A and 4A (as applicable); and
                                        1. any other matters relating to the environmental effects of the application; and
                                          1. any conditions that should be imposed.

                                            2CPersons to be consulted under section 24M(2)(k)

                                            1. For the purposes of section 24M(2)(k) , the persons are—

                                            2. the New Zealand Conservation Authority; and
                                              1. relevant Conservation Boards; and
                                                1. the New Zealand Fish and Game Council; and
                                                  1. the Game Animal Council; and
                                                    1. the Director-General of Conservation.

                                                      2DProvisions of Crown Minerals Act 1991 applied

                                                      1. For the purposes of this Act,—

                                                      2. in relation to an application referred to in section 24C(3)(i) ,—
                                                        1. section 61(1), (1AA), and (1A) of the Crown Minerals Act 1991 applies with any necessary modifications as if the references to the appropriate Minister or, as the case may be, the Minister and the appropriate Minister were references to the panel; and
                                                          1. section 59(3) of that Act applies; but
                                                            1. sections 61(1AAB) and (2) and 61C of that Act do not apply:
                                                            2. in relation to an application referred to in section 24C(3)(j) ,—
                                                              1. section 59(3) of the Crown Minerals Act 1991 applies; but
                                                                1. sections 61B(2) and 61C of that Act do not apply.

                                                                3ACriteria for assessment of application under section 24C(3)(i) (relating to section 61 of Crown Minerals Act 1991)

                                                                1. For the purposes of section 24W , when considering an application for an access arrangement referred to in section 24C(3)(i) , the panel, giving the greatest weight to paragraph (a)(i) ,—

                                                                2. must take into account,—
                                                                  1. the purpose of this Act; and
                                                                    1. the objectives of any Act under which the land is administered; and
                                                                      1. any purpose for which the land is held by the Crown; and
                                                                        1. any policy statement or management plan of the Crown in relation to the land if authored, co-authored or approved by a Treaty settlement entity; and
                                                                          1. any safeguards against potential adverse effects of carrying out the proposed programme of work; and
                                                                            1. the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and
                                                                              1. any other matters that the panel considers relevant.
                                                                              2. may consider any policy statement or management plan of the Crown (other than a statement or plan referred to in paragraph (a)(iv) ).

                                                                                4ACriteria for assessment of application under section 24C(3)(j) (relating to section 61B of Crown Minerals Act 1991)

                                                                                1. For the purposes of section 24W , when considering an application for an access arrangement referred to in section 24C(3)(j) , the panel, giving the greatest weight to paragraph (a)(i) ,—

                                                                                2. must take into account,—
                                                                                  1. the purpose of this Act; and
                                                                                    1. the objectives of any Act under which the land is administered; and
                                                                                      1. any purpose for which the land is held by the Crown; and
                                                                                        1. any policy statement or management plan of the Crown in relation to the land if authored, co-authored or approved by a Treaty settlement entity; and
                                                                                          1. any safeguards against potential adverse effects of carrying out the proposed programme of work; and
                                                                                            1. the interests of the owner of the mineral, or of any person to whom the owner of the mineral has granted any rights in relation to the mineral, in obtaining access to that mineral; and
                                                                                              1. any other matters that the panel considers relevant:
                                                                                              2. may consider any policy statement or management plan of the Crown (other than a statement or plan referred to in paragraph (a)(iv) .

                                                                                                5Conditions

                                                                                                1. On granting an application for an access arrangement referred to in section 24C(3)(i) or (j) , the panel may impose conditions as provided in section 60 (other than section 60(1)(h)) of the Crown Minerals Act 1991.

                                                                                                9Status of access arrangement and variation of access arrangement

                                                                                                1. An access arrangement referred to in section 24C(3)(i) and granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were an access arrangement granted under section 61 of the Crown Minerals Act 1991.

                                                                                                2. An application for a variation to an access arrangement referred to in subclause (1) must be determined under the Crown Minerals Act 1991, but—

                                                                                                3. section 61C of that Act does not apply; and
                                                                                                  1. sections 24M and 24N apply with all necessary modifications as if—
                                                                                                    1. references in sections 24M and 24N to the panel were references to the appropriate Minister; and
                                                                                                      1. references in section 24N to the EPA were references to the Minister of Conservation.

                                                                                                      2. However, instead of section 61(2) of that Act, clause 3A (and any provisions referred to in that clause) applies with any necessary modifications as if the references in that clause to the panel were references to the appropriate Minister or, as the case may be, the Minister and the appropriate Minister.

                                                                                                      3. An access arrangement referred to in section 24C(3)(j) and granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were an access arrangement granted under section 61B of the Crown Minerals Act 1991.

                                                                                                      4. An application for a variation to an access arrangement referred to in subclause (4) must be determined under the Crown Minerals Act 1991.

                                                                                                      5. However, instead of section 61B(2) of that Act, clause 4A (and any provisions referred to in that clause) applies with any necessary modifications as if the references in that clause to the panel were references to the appropriate Minister.

                                                                                                      6. To avoid doubt, any land to which access is granted by an access arrangement referred to in this clause is, while that arrangement is in force, not subject to any conservation management strategy, conservation management plan, statement of general policy, or freshwater fisheries management plan of the Crown.

                                                                                                      7. The Minister, local authority or other person or body (as applicable) must give effect to a decision of a panel about an access arrangement or a variation to an access arrangement.

                                                                                                      8. In this clause,—

                                                                                                      9. appropriate Minister has the meaning given in section 2A of the Crown Minerals Act 1991:
                                                                                                        1. Minister has the meaning given in section 2(1) of the Crown Minerals Act 1991.