Consultation opens on proposed infringement offences under the Crown Minerals Act

The Crown Minerals (Decommissioning and Other Matters) Amendment Bill (the Bill) is being considered by the Economic Development, Science and Innovation Select Committee. It is expected to be reported to the House in November 2021.

Crown Minerals (Decommissioning and Other Matters) Amendment Bill – Parliament website

The Ministry of Business, Innovation and Employment (MBIE) is now asking for your feedback on proposed infringement offence regulations under the Bill, which will apply to petroleum and minerals permit holders.

The Bill proposes 3 additional enforcement powers to improve compliance and enforcement under the Crown Minerals Act:

• Compliance notices – a notice with statutory backing requiring a specific non-compliance to be addressed
• Enforceable undertakings – an agreement between the regulator and an alleged non-compliant party that a prosecution will not be undertaken if they agree to certain conditions, activities, or actions
• Infringement offences – instant fines for non-compliance with certain requirements.

We’re asking for your feedback on proposed regulations relating to infringement offences and the associated infringement fees.

The proposed infringement offences relate to failures to:

• submit information, records and reports within the time specified or by the due date
• provide a royalty return or pay a royalty by the due date
• make required payments, such as annual fees, within the time specified or by the due date
• notify us of a change of address or telephone number, within the time specified.

The proposed fees associated with these offences are a maximum of $1,000 for an individual and $3,000 for a body corporate, as provided for under the Bill.

Have your say on the proposed infringement offence regulations under the Crown Minerals (Decommissioning and Other Matters) Amendment Bill – MBIE website

Submissions close at 5pm on 19 October 2021