Crown Minerals (Protection of Public Conservation Land Listed in the Fourth Schedule) Amendment Bill
Member's Bill
Explanatory note
The Schedule four of the Crown Minerals Act 1991 contains a list of categories of public conservation land that cannot be the subject of an access agreement from the Minister of Conservation. An access agreement is necessary if any prospecting, exploration or mining is to occur on public conservation estate. Those categories in the Fourth Schedule include National Parks, Marine Reserves, Scientific Reserves and other types of land. Under the current law, the Minister can remove specified land from the Schedule four through an Order in Council, once public consultation has occurred. The removal of such land means that the Minister of Conservation may, subject to other criteria, approve an access arrangement for the purpose of prospecting, exploration or mining.
This bill will prevent the Minister from removing land from the protection of the Schedule four but will still allow for the addition of land to the Schedule four, by an Order in Council. An act will have to be used to remove any such land from the Schedule four.
Clause by clause analysis
Clause 1 is the title clause.
Clause 2 is the commencement clause. The Bill comes into force on the day after the date it receives the Royal assent.
Clause 3 amends the Crown Minerals Act 1991 (the principal Act).
Clause 4 provides that the Governor-General may by Order in Council on the recommendation of the Minister and Minister of Conservation, amend the Fourth Schedule to add to the list of Crown owned land, but may not remove any land from that list.
Metiria Turei
Crown Minerals (Protection of Public Conservation Land Listed in the Fourth Schedule) Amendment Bill
Member's Bill
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Crown Minerals (Protection of Public Conservation Land Listed in the Fourth Schedule) Amendment Act 2009.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act amended
This Act amends the Crown Minerals Act 1991.
4 Access arrangements in respect of Crown land
Section 61(4) is repealed and the following subsection substituted:
"(4) Subject to subsections (6) and (7), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister and the Minister of Conservation, amend the Schedule four to add to, but not remove, any Crown owned land referred to in subsection (1A)."
