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Fast-track Approvals Act 2024

Amendments

Schedule 11: Approvals relating to Crown Minerals Act 1991

You could also call this:

“Rules for getting permission to look for and dig up minerals on government land”

This schedule outlines approvals related to the Crown Minerals Act 1991 under the Fast-track Approvals Act 2024. It covers two main areas:

  1. Access arrangements and variations:
    • It defines what information is needed when applying for access arrangements.
    • It explains how decisions are made about granting access, including what factors must be considered.
    • It describes how access arrangements granted under this Act relate to those under the Crown Minerals Act.
  2. Mining permits:
    • It specifies what information is required when applying for a mining permit.
    • It sets out the criteria for granting a mining permit, including when a permit must not be granted.
    • It explains how mining permits granted under this Act relate to those under the Crown Minerals Act.
    • It includes rules about keeping certain information confidential and when it can be shared.

The schedule aims to streamline the approval process for mineral exploration and mining activities while still considering environmental and safety factors.

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Schedule 12: Modifications to process under Public Works Act 1981 to take or deal with land, or

"Changes to how the government can use land for big projects"

11Approvals relating to Crown Minerals Act 1991 Empowered by s 115

1Access arrangements and variations to access arrangements

1Interpretation

  1. In this schedule, unless the context otherwise requires, access arrangement means the relevant approval of the kind referred to in section 42(4)(l) or (m).

2Information about access arrangement required in referral application

  1. For the purposes of section 13(4)(y)(viii), the information is confirmation that the applicant has complied with section 12(2).

  2. If the referral application is to be lodged by more than 1 person, the reference to the applicant in subclause (1) must be read as a reference to the person who is to be identified in the application as the proposed holder of the access arrangement.

3Information required in application for access arrangement

  1. For the purposes of section 43(3)(l), an application for an access arrangement must include the following:

  2. a copy of the relevant permit under the Crown Minerals Act 1991 (if a permit has been granted under that Act):
    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 for an approval described in section 42(4)(l), 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 for an approval described in section 42(4)(m), 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:
                                    2. in the case of an application where the land in question is a reserve managed by a local authority, confirmation that the local authority has provided written agreement for the activity to be undertaken on the reserve.

                                      4Report by chief executives of departments that administer land

                                      1. The report referred to in section 51(2)(f) must include information to address the matters in clause 7 (except clause 7(1)(a)(i)) or, as the case may be, clause 8 (except clause 8(1)(a)(i)) and information about—

                                      2. any other matters relating to the environmental effects of the application; and
                                        1. any conditions that should be imposed in accordance with clause 9 or section 84.

                                          1. The report must specify any conditions of those specified under section 78 that the panel must impose in accordance with clause 10.

                                          5Persons to be invited to provide written comments

                                          1. For the purposes of section 53(2)(m)(vi), 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.

                                                    6Grounds for ministerial call-in of decision

                                                    1. For the purposes of section 74, the appropriate Minister may call in a decision on an access arrangement if the Minister is satisfied that the access arrangement is part of a project to which 1 or more of the following apply:

                                                    2. the project may have effects or pose risks that are not well understood:
                                                      1. the project may pose significant risks to public health and safety:
                                                        1. the project may impose significant liabilities on the Crown.

                                                          7Criteria for assessment of application for access arrangement described in section 42(4)(l) (relating to section 61 of Crown Minerals Act 1991)

                                                          1. For the purposes of section 81, when considering an application for an access arrangement described in section 42(4)(l), including conditions in accordance with clause 9, 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)).

                                                                          1. The panel must decline the approval if—

                                                                          2. the land that is the subject of the application is a reserve managed by a local authority and the panel is not satisfied that the local authority has provided written agreement for the activity to be undertaken on the reserve; or
                                                                            1. giving effect to the access arrangement or variation to the access arrangement would result in the conferral of an interest in land that is incompatible with an existing interest in land; or
                                                                              1. where the substantive application also included an application for the relevant permit to which the access arrangement would relate, the application for the permit is declined; or
                                                                                1. had the application been considered under section 61 of the Crown Minerals Act 1991, section 61(1A) of that Act would require the application to not be accepted.

                                                                                  1. The local authority whose agreement is required under subclause (2)(a)—

                                                                                  2. must not unreasonably withhold its agreement; and
                                                                                    1. in deciding whether to give its agreement, must take into account the purpose of this Act and any relevant matters under the Reserves Act 1977.

                                                                                      1. For the purposes of subsection (3)(b), if a provision of the Reserves Act 1977 would require the local authority to withhold its agreement, the local authority must take into account that the provision would normally require it to withhold its agreement, but must not treat the provision as requiring it to do so.

                                                                                      2. For the purposes of subclause (2)(d), the reference in section 61(1) of the Crown Minerals Act 1991 to the permit holder—

                                                                                      3. must be read as a reference to the applicant; and
                                                                                        1. if the substantive application was lodged by more than 1 authorised person, must be read as a reference to the authorised person who was identified in the application as the proposed holder of the access arrangement.

                                                                                          8Criteria for assessment of application for access arrangement described in section 42(4)(m) (relating to section 61B of Crown Minerals Act 1991)

                                                                                          1. For the purposes of section 81, when considering an application for an access arrangement described in section 42(4)(m), including conditions in accordance with clause 9, 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).

                                                                                                          1. The panel must decline the approval if—

                                                                                                          2. the land that is the subject of the application is a reserve managed by a local authority and the panel is not satisfied that the local authority has provided written agreement for the activity to be undertaken on the reserve; or
                                                                                                            1. giving effect to the access arrangement would result in the conferral of an interest in land that is incompatible with an existing interest in land.

                                                                                                              1. The local authority whose agreement is required under subclause (2)(a)—

                                                                                                              2. must not unreasonably withhold its agreement; and
                                                                                                                1. in deciding whether to give its agreement, must take into account the purpose of this Act and any relevant matters under the Reserves Act 1977.

                                                                                                                  1. For the purposes of subsection (3)(b), if a provision of the Reserves Act 1977 would require the local authority to withhold its agreement, the local authority must take into account that the provision would normally require it to withhold its agreement, but must not treat the provision as requiring it to do so.

                                                                                                                  9Conditions

                                                                                                                  1. On granting an access arrangement described in section 42(4)(l) or (m), the panel may impose conditions as provided in section 60 (other than section 60(1)(h)) of the Crown Minerals Act 1991.

                                                                                                                  2. The panel may impose a condition that the applicant pay to the chief executive of the department that administers the land rent, fees, or other charges of the amount specified by the panel.

                                                                                                                  3. If the substantive application was lodged by more than 1 authorised person, the reference to the applicant in subclause (2) must be read as a reference to the authorised person who was identified in the application as the proposed holder of the access arrangement.

                                                                                                                  10Certain conditions specified in report must be imposed by panel

                                                                                                                  1. If the panel grants the access arrangement, the panel must impose any conditions that are specified in accordance with clause 4(2).

                                                                                                                  11Giving effect to decision of panel on access arrangement or variation of access arrangement

                                                                                                                  1. If a panel grants an access arrangement or variation to an access arrangement, and a period of 30 working days has expired after the decision document for the access arrangement or variation of the access arrangement was issued under section 88(1), the Minister, local authority, or other person who, or body that, owns or manages the land (as applicable) must give effect to the access arrangement or variation.

                                                                                                                  12Commencement of access arrangement or variation of access arrangement

                                                                                                                  1. An access arrangement or variation of an access arrangement commences only after it is given effect under clause 11.

                                                                                                                  13Status of access arrangement and variation of access arrangement

                                                                                                                  1. An access arrangement referred to in section 42(4)(l) and granted or varied 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. Section 59(3) of the Crown Minerals Act 1991 applies to an access arrangement or a variation of access arrangements.

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

                                                                                                                  4. if section 61C of that Act requires the application to be publicly notified, the process for that public notification in section 61C(3) does not apply; and
                                                                                                                    1. sections 53 and 54 apply with all necessary modifications as if—
                                                                                                                      1. references in sections 53 and 54 to the panel were references to the appropriate Minister; and
                                                                                                                        1. references in section 54 to the EPA were references to the appropriate Minister.

                                                                                                                        2. However, instead of section 61(2) of that Act, clause 7 (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 42(4)(m) 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 of an access arrangement referred to in subclause (5) must be determined under the Crown Minerals Act 1991.

                                                                                                                        5. However, instead of section 61B(2) of that Act, clause 8 (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 of an access arrangement.

                                                                                                                        8. In this clause,—

                                                                                                                          appropriate Minister has the meaning given in section 2A of the Crown Minerals Act 1991

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

                                                                                                                            2Mining permits

                                                                                                                            14Interpretation

                                                                                                                            1. In this Part,—

                                                                                                                              mining permit means an approval of the kind described in section 42(4)(n)

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

                                                                                                                                15Information about mining permit required in referral application

                                                                                                                                1. For the purposes of section 13(4)(y)(ix), the information is—

                                                                                                                                2. a copy of the relevant exploration permit or existing privilege to be exchanged for a mining permit that entitles the holder to mine a Crown-owned mineral:
                                                                                                                                  1. the name and contact details of the proposed permit participants and the proposed permit operator:
                                                                                                                                    1. a proposed work programme for the proposed permit, which may comprise committed work, committed or contingent work, or both:
                                                                                                                                      1. evidence of the technical or financial capability of the proposed permit holder to comply with and give proper effect to the work programme:
                                                                                                                                        1. information about the proposed permit holder’s history of compliance with mining or similar permits and their conditions:
                                                                                                                                          1. the proposed date on which the substantive application is intended to be lodged:
                                                                                                                                            1. if the authorised person proposes to provide information under section 37, the date on which the person intends to provide that information:
                                                                                                                                              1. the proposed duration of the permit:
                                                                                                                                                1. if the proposed approvals include a mining permit for petroleum,—
                                                                                                                                                  1. a map of the area over which the mining permit application is intended to be made, the area in which the surrender of an exploration permit or existing privileges is proposed (which must be the same area as the area over which the mining permit application is intended to be made), and the extent of the resource to which the development plan relates:
                                                                                                                                                    1. the resources and reserves relating to the project, estimated in accordance with the Petroleum Resources Management System:
                                                                                                                                                      1. a high-level overview of the following:
                                                                                                                                                        1. the proposed field development plan:
                                                                                                                                                          1. the proposed date for the commencement of petroleum production:
                                                                                                                                                            1. the economic model for the project:
                                                                                                                                                              1. the proposed duration of the proposed mining permit:
                                                                                                                                                                1. decommissioning plans:
                                                                                                                                                              2. if the proposed approvals include a mining permit for minerals other than petroleum,—
                                                                                                                                                                1. a map of the area over which the mining permit application is intended to be made, the area in which the surrender of an exploration permit or existing privileges is proposed (which must be the same area as the area over which the mining permit application is intended to be made), and the extent of the resource and reserves to which the development plan relates:
                                                                                                                                                                  1. for minerals other than gold or silver, a report or statement confirming the ownership of the minerals targeted:
                                                                                                                                                                    1. whether the application will be for a Tier 1 or Tier 2 permit:
                                                                                                                                                                      1. an estimate of the mineral resources and reserves relating to the project, including a summary on acquisition of the data and the data underpinning the estimate (such as information on sample locations, grade, and geology):
                                                                                                                                                                        1. an indicative mine plan:
                                                                                                                                                                          1. a high-level overview of the following:
                                                                                                                                                                            1. the proposed mining method:
                                                                                                                                                                              1. the proposed date for the commencement of mining and estimated annual production:
                                                                                                                                                                                1. the economic model for the project:
                                                                                                                                                                                  1. the status of or anticipated timing for completing any pre-feasibility or feasibility studies:
                                                                                                                                                                                    1. the proposed methods for processing mined material and handling and treating waste:
                                                                                                                                                                                      1. anticipated plans for mine closure and rehabilitation.

                                                                                                                                                                                    2. For the purpose of subclause (1)(j)(iv), for a Tier 1 permit application the resources and reserves relating to the project are to be estimated in accordance with a recognised reporting code such as JORC or NI 43-101.

                                                                                                                                                                                    16Information required in application for mining permit

                                                                                                                                                                                    1. For the purposes of section 43(3)(m), the information required in an application for a mining permit is—

                                                                                                                                                                                    2. the information that would be required to be supplied under the Crown Minerals Act 1991, regulations, or minerals programmes made under that Act if the application for the permit were made under that Act:
                                                                                                                                                                                      1. confirmation that the application will comply with section 42(4)(n) and (11):
                                                                                                                                                                                        1. if the information referred to in paragraph (a) was provided by the applicant under section 37, details of any differences between the information provided for the purposes of section 37 and the information being provided for the purposes of section 43(3)(m).

                                                                                                                                                                                          17Report by relevant chief executive

                                                                                                                                                                                          1. The report referred to in section 51(2)(g) must include—

                                                                                                                                                                                          2. information to address the matters in clauses 19 (except clause 19(1)(a)) and 20:
                                                                                                                                                                                            1. any conditions that should be imposed in accordance with clause 21.

                                                                                                                                                                                              18Persons to be invited to provide written comments

                                                                                                                                                                                              1. For the purposes of section 53(2)(m)(vii), the person is WorkSafe New Zealand.

                                                                                                                                                                                              19Criteria to be applied by panel in making decisions

                                                                                                                                                                                              1. For the purposes of section 81, when deciding whether to grant a mining permit, including conditions in accordance with clause 21, the panel must take into account, giving the greatest weight to paragraph (a),—

                                                                                                                                                                                              2. the purpose of this Act; and
                                                                                                                                                                                                1. the purpose of the Crown Minerals Act 1991.

                                                                                                                                                                                                  1. The panel, before making its decision under section 81,—

                                                                                                                                                                                                  2. must have regard to the matters specified in section 29C(2)(a) of the Crown Minerals Act 1991 (if relevant):
                                                                                                                                                                                                    1. may have regard to the matters specified in section 29C(2)(b) of the Crown Minerals Act 1991 (if relevant).

                                                                                                                                                                                                      1. For the purposes of subclause (2), the matters specified in section 29C(2) of the Crown Minerals Act 1991 are relevant as if the application were made under that Act.

                                                                                                                                                                                                      20When mining permit must not be granted

                                                                                                                                                                                                      1. The panel must not grant a mining permit unless the panel is satisfied—

                                                                                                                                                                                                      2. that the deposit for which the mining permit is sought was discovered as a result of activities authorised by the exploration permits or existing privileges referred to in section 42(11); and
                                                                                                                                                                                                        1. that the proposed work programme provided by the applicant is consistent with—
                                                                                                                                                                                                          1. the purpose of the Crown Minerals Act 1991; and
                                                                                                                                                                                                            1. the purpose of the proposed permit; and
                                                                                                                                                                                                              1. good industry practice in respect of the proposed activities; and
                                                                                                                                                                                                              2. that the applicant is highly likely to comply with, and give proper effect to, the proposed work programme, taking into account—
                                                                                                                                                                                                                1. the applicant’s technical capability; and
                                                                                                                                                                                                                  1. the applicant’s financial capability; and
                                                                                                                                                                                                                    1. any relevant and available information on the applicant’s previous compliance record in relation to compliance with permits or rights, and conditions of those permits or rights, authorising prospecting for exploring, or mining of minerals, in New Zealand or internationally; and
                                                                                                                                                                                                                    2. that, in the case of an application for a petroleum mining permit, the applicant is highly likely to comply with the relevant obligations under the Crown Minerals Act 1991 in respect of decommissioning and post-decommissioning; and
                                                                                                                                                                                                                      1. that the applicant is highly likely to comply with the relevant obligations under the Crown Minerals Act 1991 in respect of reporting and the payment of fees and royalties; and
                                                                                                                                                                                                                        1. that in the case of an applicant for a Tier 1 permit to mine, the proposed permit operator has or is likely to have, by the time relevant work undertaken under a permit is completed, the capability and systems that are likely to be required to meet the health and safety requirements of all specified Acts (as defined in section 2(1) of the Crown Minerals Act 1991) for the types of activities proposed under the permit.

                                                                                                                                                                                                                          1. For the purpose of the panel satisfying itself of the matters in subclause (1)(f), section 29A(3) and (4) of the Crown Minerals Act 1991 apply as if references in those provisions to the Minister were to the panel.

                                                                                                                                                                                                                          2. If the substantive application was lodged by more than 1 authorised person, the references to the applicant in subclause (1)(b) to (e) must be read as references to the applicant who was identified in the application as the proposed holder of the mining permit.

                                                                                                                                                                                                                          21Conditions

                                                                                                                                                                                                                          1. Section 25(1)(c) of the Crown Minerals Act 1991 applies with any necessary modifications to conditions for a mining permit as if the reference in that provision to the Minister were a reference to a panel.

                                                                                                                                                                                                                          22Content of mining permit

                                                                                                                                                                                                                          1. Section 25(3) and (4) of the Crown Minerals Act 1991 applies to a mining permit issued under this Act.

                                                                                                                                                                                                                          2. For the purposes of subclause (1), the reference in section 25(3) of the Crown Minerals Act 1991 to the Minister must be read as if it were a reference to the panel.

                                                                                                                                                                                                                          23Giving effect to panel decision on mining permit

                                                                                                                                                                                                                          1. If a panel grants a mining permit, the panel must approve the surrender of the area of the exploration permit or existing privilege that corresponds to the mining permit area.

                                                                                                                                                                                                                          2. After a period of 30 working days has expired after the decision document for the mining permit was issued under section 88(1), the Minister must do anything necessary to give effect to the decision of the panel (including specifying the commencement date to appear on the permit).

                                                                                                                                                                                                                          24Commencement of mining permit and effective date of surrender of exploration permit or existing privilege

                                                                                                                                                                                                                          1. A mining permit commences only after it is given effect under clause 23 and in accordance with the terms of the permit.

                                                                                                                                                                                                                          2. The surrender of the area of the exploration permit or existing privilege that corresponds to the mining permit area takes effect on the same date that the permit commences.

                                                                                                                                                                                                                          25Status of mining permit

                                                                                                                                                                                                                          1. A mining permit granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were granted under section 25 of the Crown Minerals Act 1991.

                                                                                                                                                                                                                          26Limits on disclosure of information relating to application or proposed application under this Act

                                                                                                                                                                                                                          1. No specified person or entity may disclose any information that relates to any application or proposed application for a mining permit under this Act unless—

                                                                                                                                                                                                                          2. the information is publicly available; or
                                                                                                                                                                                                                            1. the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
                                                                                                                                                                                                                              1. the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence; or
                                                                                                                                                                                                                                1. disclosure is required by a court of competent jurisdiction; or
                                                                                                                                                                                                                                  1. the disclosure is done under subclause (2).

                                                                                                                                                                                                                                    1. A specified person or entity (the disclosing person or entity) may disclose to another specified person or entity (the receiving person or entity) any information, or a copy of any document, that the disclosing person or entity—

                                                                                                                                                                                                                                    2. holds in relation to the performance or exercise of their functions, duties, or powers in relation to an application or a proposed application for a mining permit under this Act; and
                                                                                                                                                                                                                                      1. considers may assist the receiving person or entity in the performance or exercise of the receiving person’s or entity’s functions, duties, or powers under this Act.

                                                                                                                                                                                                                                        1. Subclause (4) applies if information about an application or proposed application for a mining permit under this Act may or must be provided to any person (other than a specified person or entity) under any provision of this Act other than this clause or clause 27.

                                                                                                                                                                                                                                        2. Despite any other provision of this Act, the person providing the information must withhold any information that the person is satisfied that there would be good reason to withhold under the Official Information Act 1982 if the information were requested under that Act.

                                                                                                                                                                                                                                        3. Information that the Minister or relevant chief executive holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act in relation to an application or proposed application for a permit may be treated as held under the Crown Minerals Act 1991 for the purpose of applying section 90E of that Act.

                                                                                                                                                                                                                                        4. In this clause and clause 27, specified person or entity means—

                                                                                                                                                                                                                                        5. the Minister:
                                                                                                                                                                                                                                          1. the Minister for Infrastructure:
                                                                                                                                                                                                                                            1. the relevant chief executive:
                                                                                                                                                                                                                                              1. the EPA:
                                                                                                                                                                                                                                                1. the responsible agency:
                                                                                                                                                                                                                                                  1. a panel:
                                                                                                                                                                                                                                                    1. a special or technical adviser appointed by a panel.

                                                                                                                                                                                                                                                      27Disclosure of information held under Crown Minerals Act 1991 for purpose of application or proposed application under this Act

                                                                                                                                                                                                                                                      1. The relevant chief executive may disclose to any other specified person or entity any information, or a copy of any document, that the chief executive—

                                                                                                                                                                                                                                                      2. holds in relation to the performance or exercise of the relevant chief executive’s functions, duties, or powers under the Crown Minerals Act 1991 that relates to an application or proposed application for a mining permit under this Act; and
                                                                                                                                                                                                                                                        1. considers may assist the receiving person or entity in the performance or exercise of its functions, duties, or powers under this Act.

                                                                                                                                                                                                                                                          1. If information is disclosed under subclause (1), the person to whom it is disclosed must not disclose it unless—

                                                                                                                                                                                                                                                          2. the disclosure is to another specified person or entity for the purpose of the person’s or entity’s functions, duties, or powers under this Act; or
                                                                                                                                                                                                                                                            1. the information is publicly available; or
                                                                                                                                                                                                                                                              1. the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
                                                                                                                                                                                                                                                                1. the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
                                                                                                                                                                                                                                                                  1. disclosure is required by an enactment other than this Act; or
                                                                                                                                                                                                                                                                    1. disclosure is required by a court of competent jurisdiction.

                                                                                                                                                                                                                                                                      28Relationship of clauses 26 and 27 with section 90

                                                                                                                                                                                                                                                                      1. If there is any inconsistency between a provision of clause 26 or 27 and section 90, the provision of clause 26 or 27 prevails.