The Mining Licensing Regime - Current Developments

The most important development that has been taking place recently relating to mining operations in New Zealand would generally be regarded as being the Resource Management Law Reform. This has been widely publicised by the Government as a comprehensive review of the laws governing New Zealand's natural and physical resources. Submissions have been sought and a free phone provided to encourage public participation. Recently a Discussion Paper has been prepared by the Core Group coordinating the review to explain progress on Phase One (Ministry for the Environment, Directions for Change: A Discussion Paper, Wellington 1988). It outlines Government decisions already taken which impinge on the Review and describes the possible models for resource management laws. However, it is possible that some fundamental practical issues of significance to the mining industry will not be addressed and may be lost sight of in the much wider issues which are to be covered. The purpose of our paper is to address one of these issues namely, the interrelationship between any new resource management legislation and the Conservation Act 1987 (as recently amended) in the context of Ministerial consents. The importance of this issue can be seen from the fact that as at 7 June 1988 there were 279 mining licence applications and 223 prospecting licence applications waiting to be determined by the Minister of Conservation. Since April 1987 only 19 mining and 13 prospecting licences have been consented to. In addition a major proportion of New Zealand's mineral resources are contained with land administered by the Department.