South Australian Current Acts

MINING ACT 1971 - SECT 17A

17A—Reduced royalty for new mines

        (1)         The Treasurer may, after consultation with the Minister and on the application of a person liable to pay royalty (other than on extractive minerals), by notice in the Gazette, declare that a mine will be taken to be a "new mine" for the purposes of this section.

        (1a)         An application may not be made by a person under subsection (1) on or after 1 July 2020.

        (2)         Despite section 17, for the prescribed period, royalty payable in relation to minerals (other than extractive minerals) recovered from mineral land at a new mine will be equivalent to 2 per cent of the value of the minerals (as assessed in accordance with the royalty assessment principles under section 17).

        (2a)         In subsection (2), the "prescribed period" is the period commencing on the day on which the first royalty payment under this Act is due and payable and ending—

            (a)         on the day falling 5 years after that day; or

            (b)         on 30 June 2026,

whichever occurs first.

        (3)         The Treasurer may, after consultation with the Minister and by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).

        (4)         An application under this section must be made in a manner and form determined by the Treasurer after consultation with the Minister and must be lodged with the Director of Mines.

        (5)         An applicant must provide any information reasonably required by the Treasurer to determine the application.

        (6)         In determining whether or not to make a declaration under this section, the Treasurer may have regard to the following matters (insofar as they may be relevant):

            (a)         the extent to which the authorised operations to be carried on at the mine can be viewed as constituting an extension of existing authorised operations, or the revival of authorised operations that have been previously carried on;

            (b)         the nature of the authorised operations to be carried on at the mine when compared to any existing operations carried on, or previously carried on, at the same tenement, or a tenement within the vicinity of the relevant mine;

            (c)         the relationship of the applicant to any other person carrying on authorised operations within the vicinity of the relevant mine (including, in the case of a body corporate, authorised operations carried on by a related body corporate);

            (d)         such other matters as the Treasurer thinks fit.