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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Mining (Royalties) Amendment
Bill 2011
A BILL FOR
An Act to amend the Mining
Act 1971.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Mining
Act 1971
4Amendment of
section 17—Royalty
5Amendment of section 17A—Reduced
royalty for new mines
6Amendment of section 17F—Processed
minerals
7Amendment of section
92—Regulations
Schedule 1—Transitional
provision
1Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Mining (Royalties) Amendment
Act 2011.
This Act will come into operation, or will be taken to have come into
operation, as the case requires, on 1 July 2011.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Mining Act 1971
4—Amendment
of section 17—Royalty
(1) Section 17(4)(b)—delete paragraph (b) and
substitute:
(b) in the case of minerals other than extractive
minerals—
(i) in the case of declared mineral ores and concentrates—5% of the
value of the minerals, as assessed in accordance with subsection (5) (the
royalty assessment principles);
(ii) in the case of declared refined mineral products—3.5% of the
value of the refined mineral products, as assessed in accordance with the
royalty assessment principles;
(iii) in the case of declared industrial minerals or construction
materials—3.5% of the value of the minerals, as assessed in accordance
with the royalty assessment principles;
(iv) in any other case—5% of the value of the minerals, as assessed
in accordance with the royalty assessment principles.
(2) Section 17—after subsection (12) insert:
(13) For the purposes
of this section, the Minister may, from time to time—
(i) declare specified types of mineral ores or concentrates to be declared
mineral ores and concentrates; and
(ii) declare specified types of refined mineral products to be declared
refined mineral products; and
(iii) declare specified types of minerals to be declared industrial
minerals or construction materials; and
(b) by subsequent notice in the Gazette, vary or revoke a declaration
under
paragraph (a).
(14) A notice under
subsection (13) will
have effect from a date specified in the notice by the Minister.
5—Amendment
of section 17A—Reduced royalty for new mines
(1) Section 17A(2)—delete "of paying the first royalty payment
under this Act" and substitute:
on which the first royalty payment under this Act is due and
payable
(2) Section 17A(2)—delete "1.5" and substitute:
2
6—Amendment
of section 17F—Processed minerals
Section 17F—after "processed minerals" insert:
or, as the content requires, refined mineral products
7—Amendment
of section 92—Regulations
Section 92(1)(q)—delete "$1 250" and substitute:
$10 000
Schedule 1—Transitional
provision
(1) In this clause—
new rate means the rate of royalty applying to new mines
under section 17A of the principal Act on account of the amendment effected
by section 5(2) of this Act;
principal Act means the Mining
Act 1971.
(2) The amendments made by this Act to section 17 of the principal
Act apply in relation to minerals recovered on or after
1 July 2011.
(3) The amendments made
by this Act to section 17A of the principal Act apply in relation to any
mine under that section that comes within the ambit of that section on account
of an application lodged with the Director of Mines on or after
16 September 2010 (including a mine declared to be a new mine before
the commencement of this clause).
(4) If a mine to which
subclause (3)
applies is declared to be a new mine before 1 July 2011, the new rate
will be taken to have applied in relation to the mine from the date on which the
mine was declared to be a new mine for the purposes of section 17A of the
principal Act (and any royalty that becomes payable on account of the operation
of this subclause must be paid in accordance with any determination of the
Minister made for the purposes of this subclause).
(5) The amendments made by this Act to section 17A of the principal
Act do not apply in relation to any mine that comes within the ambit of that
section on account of an application lodged with the Director of Mines before
16 September 2010 (and section 17A, as in existence immediately
before the commencement of this clause, will continue to apply in relation to
such a mine as if section 5 of this Act had not been enacted).