Schedule 11 - Approvals relating to Crown Minerals Act 1991

Under the Crown Minerals Act 1991, a person must obtain a mining permit and permission from relevant landowners and occupiers to access the land (“access arrangement”) before undertaking exploration, prospecting or mining activities. 

The Act provides a pathway for the following approvals to be fast-tracked:

1. Access arrangements or variations to access arrangements in respect of eligible Crown land and land in the common marine and coastal area (i.e. out to the 12 nautical mile limit).   
2. Mining permits subject to meeting certain criteria including that the applicant already holds an exploration permit or privileges for the minerals.  

Applications for access arrangements 

1.    Information requirements: referral applications 

In addition, to the general information requirements in the Act, referral applications for access arrangements under the Crown Minerals Act must confirm that the applicant has notified relevant landowners and occupiers of the intent to obtain an access arrangement. The notice must be provided in writing and specify: ^{e8049a5f-d072-4fea-9599-0238ed57b045}  

• The land affected
• The purpose for which access is required
• The proposed work programme and likely adverse effects
• The compensation and safeguards against any likely adverse effects
• The type of permit held or applied for
• The direct net economic and other benefits of the proposed activity

Unless the affected landowner or occupier agrees to waive the requirements in writing, an access agreement will have no effect if these notice requirements are not materially complied with. 

2.    Information requirements: substantive application 

In addition, to the general information requirements in the Act, substantive applications for access arrangements under the Crown Minerals Act must include the following information: ^{2124629e-4b82-4dd4-acd5-9c445010a6cf}

• A copy of relevant permits held under the Crown Minerals Act
• A map or plan of the project area
• A document that identifies conservation land within the project area along with its classification and an assessment against its purpose
• A description of the proposal, including: 
  o    A summary of proposed activities
  o    The objectives of any Act under which the land is administered
  o    Any applicable policy statement, management strategy or management plan of the Crown
  o    Details of any resource consents and concessions held, applied for, or intended in relation to the project area
  o    The direct net economic and other benefits of the proposed activity. This requirement only applies to Crown owned minerals 
  o    If the mineral is not owned by the Crown (e.g. pounamu), the interests of the owner or any person who has been granted rights in the mineral, in obtaining access
• An assessment of environmental effects, including:
  o    An outline of consultation undertaken
  o    A description of proposed safeguards and mitigation measures
  o    Information about liabilities and obligations associated with the land
• If an activity will occur on a reserve managed by a local authority, the applicant must confirm that they have obtained written agreement from the relevant local authority

3.    Actions undertaken by panel convener upon receipt of substantive application

 After receiving a substantive application for an access arrangement, the panel convener must direct the Environmental Protection Authority to obtain a report from the chief executives of departments that administer land to which the access arrangement relates. The report must address various matters, including:

• Specified assessment criteria (see Schedule 11: Applications for access arrangements: The Panel’s decision section) ^{ef4d129c-d220-4911-aba5-a51e74a6340d}
• Any other matters relating to the environmental effects of the application
• Any conditions that should (or must) be imposed 

4.    Invitation for comment 

No later than 10 working days after a panel is set up, a panel must direct the EPA to invite comments on a substantive application from certain persons or groups. ^{a6abd5c0-de2d-4514-8c9c-7f6444b2dbfd}   For access arrangements, the EPA must also invite comments from: 

• New Zealand Conservation Authority
• Relevant Conservation Boards
• New Zealand Fish and Game Council
• Game Animal Council
• Director-General of Conservation

5.    Ministerial call-in of decision

At any time before a panel decides an access arrangement the relevant Minister can decide to “call-in” the decision so that the Minister, not the panel, makes the decision on the application. This process is only available if the Minister is satisfied that the Project may:

• Have effects or risks that are not well understood
• Pose significant risks to public health and safety or
• Impose significant liabilities on the Crown.

6.    The Panel’s decision

A panel must grant or decline the access arrangement sought. When making its decision on the access arrangement and any conditions, the panel must take into account: ^{e5fce382-41f9-4d27-b6d4-a5a57446a3ef}

•  The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The objectives of any Act under which the land is administered
• Any purpose for which the land is held by the Crown
• Any policy statement or management plan of the Crown that is authored, co-authored or approved by a Treaty settlement entity
• The safeguards against potential adverse effects
• The direct net economic and other benefits of the proposed activity. This requirement only applies to Crown owned minerals
• If the mineral is not owned by the Crown (e.g. pounamu), the interests of the owner or any person who has been granted rights in the mineral, in obtaining access
• Any other matters that the panel considers relevant 

In taking these things into account, the panel must give greatest weight to the purpose of the Act. 

The panel may consider any other policy statement or management plan of the Crown, but it is not required to do so.

 Applications for variations to access arrangements must be determined under the Crown Minerals Act, except that the consultation requirements of this Act apply. 

Conditions can be imposed but they must be no more onerous than necessary. Conditions may specify: ^{ee4e8676-26c3-42fc-b9f6-36fb8a826d3d}

• When a permit holder can access the land
• Where a permit holder can undertake certain mining-related activities on the land
• How a permit holder may access certain areas
• What types of mining-related activities may be carried out on the land
• Requirements that must be met when mining-related activities are carried out on the land
• Requirements related to protecting the environment when accessing the land to carry out mining-related activities
• Compensation to be paid to landowners or occupiers
• Processes for dispute resolution
• Other matters agreed between the parties to the access arrangement
• Fees to be paid to the relevant chief executive of the Crown

The panel must decline an application for an access arrangement when it:  

• Relates to an activity that will occur on a reserve managed by a local authority and the panel is not satisfied that the local authority has provided written agreement
• Would grant rights of access that are incompatible with existing interests in the land

If the access arrangement involves a Crown-owned mineral, the panel must also decline an application for an access arrangement when it:

• Relates to an application for a mining permit that is declined by the panel
• Relates to land to which specific access restrictions apply, including national park, nature reserve, scientific reserve, wilderness area, sanctuary or marine reserve under specified legislation ^{e8769676-1be2-48af-a9a4-52e9fd4ff02e}  

If the panel decides to grant an access arrangement, or variation to an access arrangement, it:

• Must be given effect 30 working days after the panel issued its decision ^{abaa39d5-697b-4fae-be8b-6777e41ebf3a}   
• Will have the same effect as if it were granted under the Crown Minerals Act. ^{d6df260d-6ca6-4d7e-92f7-b4f230f54328}
• Will override any conservation management strategy, conservation management plan, statement of general policy or freshwater fisheries management plan of the Crown. ^{a99fef86-f5d2-450d-8c30-6139f34d335f}  

Applications for mining permits 

1.    Information requirements: referral applications 

In addition to the general information requirements in the Act, referral applications for mining permits under the Crown Minerals Act must include: ^{2000d9b5-8b58-4fdc-af98-4a0d34bc4dec}  

•  A copy of the exploration permit or existing privileges to be exchanged
• Contact details of the proposed permit participants and permit operator
• Proposed work programme
• Evidence of the applicant’s technical or financial capability to give effect to the work programme
• Relevant compliance history
• When the applicant intends to lodge the substantive application.
• Proposed duration of the permit
• A map showing the permit area and extent of the mineral resource.
• Estimates of the relevant mineral resource within the project area.
• If the permit is for petroleum 
  o    A high-level overview of the proposed field development plan, date for commencement of petroleum production, economic model for the project, proposed permit duration, and decommissioning plans
• If the permit is for other minerals:  
  o    Confirmation of mineral ownership (if not gold or silver).
  o    The type of mining permit sought, based on specified thresholds including estimated expenditure and annual royalty amount. 
  o    An indicative mine plan.
  o    A high-level overview of the proposed mining method, proposed date for commencement of mining and estimated annual production, economic model for the project, feasibility studies, proposed methods for processing mined material and handling and treating waste, and anticipated plans for mine closure and rehabilitation.

2.    Information requirements: substantive applications

In addition to the general information requirements in the Act, substantive applications for mining permits under the Crown Minerals Act must include: ^{1bca5a9f-c1e2-4881-9bf2-1490915d66fa}

• Information ordinarily required under the Crown Minerals Act
• Confirmation that certain requirements have been met. For example, that the applicant holds necessary exploration permits or existing privileges that have more than three months before they expire; and the proposed term of approval is no longer than 40 years 
• If the applicant has provided the above information to the relevant chief executive  before filing the substantive application (this is optional), they must disclose this as part of the substantive application and identify any differences between the information provided to the chief executive and the information provided under the Act

3.    Actions undertaken by panel convener upon receipt of substantive application

 After receiving a substantive application for a mining permit, the panel convener must direct the Environmental Protection Authority to obtain a report from the relevant chief executive.  The report must address various matters, including: ^{c2b70dcc-1767-4971-8f94-251b3a292000}

•  Specified assessment criteria (see Schedule 11: Applications for mining permits: The Panel’s decision section)
• Any conditions that should be imposed 

4.    Consultation 

No later than 10 working days after a panel is set up, a panel must direct the Environmental Protection Authority to invite comments on a substantive application from certain persons or groups. ^{59f1469c-d9bd-4019-98ec-4f5694c33108} For mining permits, the Environmental Protection Authority must also invite comments from WorkSafe New Zealand. 

5.    The Panel’s decision 

A panel must grant or decline the mining permit sought. When making its decision on the permit and any conditions, the panel must take into account: ^{9023e574-691b-4271-941f-437b58075708}

•  The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The purpose of the Crown Minerals Act, which is to manage prospecting, exploration and mining for the benefit of New Zealand  
• If applicable, feedback provided in iwi engagement reports and at annual review meetings about the quality of the applicant’s previous engagement with iwi or hapū in their capacity as a mining permit or privilege holder 

In taking these things into account, the panel must give greatest weight to the purpose of the Act.

 Conditions can be imposed but they must be no more onerous than necessary.  Conditions may set restrictions on “the particular circumstances” in which mining can be undertaken, the method that can be used, or the state, place, phase or stratum of mining activity. 

The panel must not grant a mining permit unless it is satisfied that: ^{9ec2e38f-4a2b-415b-8f17-dab6531be4f6}

•  The deposit to be mined was discovered because of activities authorised by eligible permits or existing privileges
• The proposed work programme is consistent with the purpose of the Crown Minerals Act, the purpose of the proposed permit, and good industry practice
• The applicant is highly likely to comply with, and give proper effect to, the proposed work programme. In forming a view on this, the panel must take into account the applicant’s technical and financial capability as well as their compliance history
• The applicant is highly likely to comply with reporting and payment obligations
• For petroleum permits, the applicant is highly likely to comply with decommissioning and post-decommissioning requirements
• For petroleum permits, underground mining permits, and some high value gold, coal, ironsand (and other mineral) permits, the proposed permit operator can (or is likely to be able to) meet applicable health and safety requirements for the types of activities proposed. In forming a view on this, the panel can undertake a high-level preliminary assessment but must seek the views of the health safety regulator. 

If the panel grants a mining permit under the Act, it must be given effect to 30 working days after the panel’s decision was issued ^{5dfb70fa-ccc6-47cc-a5d0-5af2b166765c} and it has the same effect as if it was granted under the Crown Minerals Act.

 The Act imposes strict limitations on the disclosure of information related to applications (or proposed applications) for mining permits. ^{e5c0a55c-2cbe-4c29-9bc0-66edd585af35} In short, people and entities involved in the application process (e.g. the Environmental Protection Authority, relevant Ministers and the panel) must not share information more widely unless it is already publicly available or certain circumstances apply (e.g. disclosure has been consented, or the disclosure relates to proceedings for an offence).

Despite these restrictions, the Environmental Protection Authority is still required to make all documents it receives/or sends publicly available, subject to Official Information Act restrictions. 

Last updated at 7:41PM on February 7, 2025