New South Wales Consolidated Acts

MINING ACT 1992 - SECT 291

291 Payment of royalty

(1) Royalty payable to the Crown under this Act is payable--

(a) except in so far as a determination under paragraph (b) has effect--at such times, and in respect of such periods, as may be specified in or determined in accordance with the regulations, or

(b) on demand by the Minister in respect of such periods as the Minister determines.

(1A) If a person who is liable to pay royalty fails to pay it as required by subsection (1), the person is guilty of an offence.

: Maximum penalty--

(a) in the case of a corporation--10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

(b) in the case of a natural person--2,000 penalty units or imprisonment for 12 months, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

(2) A tax default occurs for the purposes of the Taxation Administration Act 1996 if royalty payable to the Crown--

(a) is not paid by the time that it becomes payable in accordance with the regulations (unless paragraph (b) applies), or

(b) in the case of royalty payable on demand by the Minister--is not paid within 28 days of the demand for its payment.

(3) The regulations may require the payment of any royalty to accompany a return made under this Part.