17AB—Royalty for private mines
(1) Subject to and in
accordance with the provisions of this Act, royalty in respect of minerals
recovered from private mines is payable as follows:
(a) in
the case of a private mine in relation to which a relevant event has
occurred—royalty is payable on—
(i)
extractive minerals recovered from the private mine; and
(ii)
any other minerals recovered from the private mine on or
after the day on which the relevant event occurred;
(b) in
any other case—royalty is payable on extractive minerals recovered from
the private mine, but is not payable on any other minerals so recovered.
(2) For the
purposes of subsection (1), a "relevant event" occurs if, on or after
19 June 2014, there is (or has been) a change in—
(a) the
proprietor of the private mine; or
(b) the
whole or any part of the right to carry out authorised operations at the
private mine.
(3) A reference in
subsection (2)(a) to a change in the proprietor of a private mine
includes a change in a person lawfully claiming under the proprietor whether
the claim is of a legal or equitable kind.
(4) If a private mine
has 2 or more proprietors, a change in any of those proprietors will be
taken to be a relevant event for the purposes of subsection (2)(a).
(5) Without limiting
any other provision, the following will be taken to be relevant events for the
purposes of subsection (2)(a):
(a) the
creation, transfer, assignment, sale or disposal of an interest in proprietary
rights in minerals recovered from a private mine under a contract or other
instrument or agreement;
(b) an
event, transaction or acquisition that would give rise to liability to pay
duty under Part 3 Division 6 or 8 or Part 4 of the
Stamp Duties Act 1923 , disregarding any exemptions from such duty
applying under that Act;
(c)
without limiting paragraph (b), the acquisition of a
controlling interest in a business that—
(i)
is the proprietor of the private mine; or
(ii)
holds the whole or any part of the right to carry out
authorised operations at the private mine.
(6) For the purposes
of subsection (5)(c)—
(a)
"business" includes bodies and associations (corporate and incorporated) and
partnerships; and
(b) a
person has a "controlling interest in a business" if the person would be
treated as having a controlling interest in the business for the purposes of
section 72 of the Payroll Tax Act 2009 (disregarding
section 72(1)).
(7) Subject to
subsection (8), the proprietor of a private mine is liable for royalty
payable under this section.
(a) a
person other than the proprietor is carrying out authorised operations at a
private mine; and
(b) the
proprietor gives notice to the Minister, in a manner and form determined by
the Minister, under this section,
the person carrying out the authorised operations (rather than the proprietor)
is liable for royalty under this section.
(9) If—
(a) the
proprietor of a private mine has given a notice to the Minister under
subsection (8); and
(b) the
person carrying out authorised operations at the private mine fails to pay
royalty; and
(c) the
proprietor pays the royalty,
the proprietor may, subject to any agreement to the contrary—
(d)
recover the amount paid as a debt from the person who failed to pay the
royalty; or
(e) set
off the amount paid against a liability (if any) to the person who failed to
pay the royalty.