Commonwealth Numbered Regulations - Explanatory Statements

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OFFSHORE MINERALS (WORKS LICENCE FEES) REGULATIONS 1994 NO. 51

STATUTORY RULES 1994 No. 51

Issued by the Authority of the Minister for Resources

OFFSHORE MINERALS (WORKS LICENCE FEES) ACT 1981

OFFSHORE MINERALS (WORKS LICENCE FEES) REGULATIONS

Section 7 of the Offshore Minerals (Works Licence Fees) Act 1981 (the Act) provides that the Governor- General may make regulations prescribing matters either required, permitted, necessary or convenient for the purposes of the Act.

Subsection 4(1) of the Act provides that a works licence holder must pay an annual fee calculated at the rate prescribed by regulations for each hectare or part of a hectare of the works area. Subsection 4(3) provides that the amount of the fee is to be calculated at the prescribed rate for each hectare or part of a hectare of the licence area. Subsection 4(4) provides that the prescribed rate is not to exceed $100 per hectare or part of a hectare.

The purpose of the fee is to recover the costs of administering the Offshore Minerals legislation. In accordance with the Offshore Constitutional Settlement agreed to by the Commonwealth and the States at the Premiers' Conference in June 1979 the money collected from the fee will be paid by the Commonwealth to the States and the Northern Territory to recompense them for administering the legislation on behalf of the Commonwealth.

The Regulations prescribe the amount of the fee.

Details of the Regulations are as follows:

Regulation 1 provides a reference name for the Regulations.

Regulation 2 defines the terms used in the Regulations.

Regulation 3 provides that the annual fee will be $20 for each hectare or part of a hectare of the works area.