Mining legislation in New Zealand : a framework for the management of a resource

Abstract

This study gives a brief description of the main legislation governing mineral exploitation and exploration in New Zealand. The relationship of this legislation to the Town and Country Planning Act 1977 is also described. Any special factors that need to be taken into account when prescribing a framework for the management of our mineral resources are mentioned. Such factors include the immobility of minerals and the cyclical nature of the mining industry. The potential damage to the environment and social fabric of a rural community must also be kept in mind. This legislation, mainly the Mining Act 1971. is criticised in terms of how it takes into account these special factors. It is also criticised generally in terms of its integration with land use planning, and the degree of public participation in the decision making process. Several possible options for improvement are discussed. These are: the 1981 amendment to the Mining Act 1971, integration with the Town and Country Planning Act 1977, and the New South Wales legislation. Integration with the Town and Country Planning Act 1977 is discussed under three headings, namely: 1) mining as a land use governed by the district scheme; 2) the regional scheme; and 3) using the designation procedure under Section 118 Town and Country Planning Act 1977 for mining. The New South Wales legislation, the Environmental Planning and Assessment Act 1979, involves similar procedures to the Town and Country Planning Act 1977 but covers all developmental activities. The wider implications of adopting such a comprehensive procedure for State forests, Reserves and public works as well as mining are discussed.