As we all know New Zealand is rich in a wide range of minerals. There are however clear restrictions on what you can and cannot mine, and whether or not you require a permit from the Crown in order to mine and export your minerals. Without the protection of the appropriate permit or resource consent you and your business could face serious consequences.
On the 24th May 2013 there were a number of amendments that came into effect under the Crown Minerals Act 1991 (“the Act”) which regulates the management of Crown Minerals. The most common Crown Minerals are coal, gold, silver, and ironsand but there could be others you wish to mine which are caught by the Act.
In order to mine Crown Minerals legally you and your business will need to obtain a permit. There are a number of requirements to be met in order to satisfy the criteria for a permit and there are two main types of permits. Tier T1 permits are for complex, higher risk and return petroleum and mineral operations, whereas Tier T2 cover lower return industrial, small business, and hobby mineral operations.
You also need to be aware that if you are proposing to mine products such as clay, whilst they do not necessarily fall within Crown Minerals, you are required to obtain the necessary Resource Consent and meet Council’s requirements as well as obtaining authorisation from the landowner. The starting point for the process is to establish mineral ownership in order to assess what if any permits you require.
In order to ensure that you are conducting your business and mining operation both legally and effectively you should seek legal advice before commencing.
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co who normally advises you, or alternatively contact:
Kirsten Maclean
03 477 8870 or 09 379 0055
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.