Schedule 1—Transitional provisions
In this Schedule—
Minister means the Minister to whom the administration of the principal Act is
committed;
principal Act means the Mining Act 1971 .
2—Continuation of existing arrangements
(1) Subject to
clause 3, in the case of a mine in existence immediately before the
commencement of this Act, the ex-mine gate value of any minerals—
(a)
subject to royalty under section 17(5) of the principal Act, as enacted by
this Act; and
(b)
listed in Column 1 of the following table,
will be determined according to the values set out in Column 3 of the
following table:
Mineral |
Grade |
Value ($/unit) |
---|---|---|
Agricultural Limestone | |
4/tonne |
Barite |
1st 2nd |
24/tonne 14/tonne |
Clay |
1st 2nd |
8/tonne 4/tonne |
Dolomite |
1st 2nd |
10/tonne 5/tonne |
Feldspar | |
20/tonne |
Gold | |
12/gram |
Granites & Granitic Rocks | |
50/metre 3 16.67/tonne |
Gypsum |
Categories 1-3 (super premium grade, plaster board, cement) Categories 4-8 (agricultural premium, grade 1, 2 & 3 and other) |
8/tonne 4/tonne |
Jade (Nephrite) | |
5000/tonne 5/kilogram |
Kaolin | |
8/tonne |
Limesand | |
4/tonne |
Limestone (including Marble) |
1st 2nd |
8/tonne 4/tonne |
Magnesite | |
8/tonne |
Phosphate | |
4/tonne |
Salt | |
8/tonne |
Silica Sand/Rock Silica | |
4/tonne |
Shell Grit | |
4/tonne |
Talc |
1st 2nd |
20/tonne 10/tonne |
(2) The Governor may,
by regulation, prescribe principles that may be taken into account to
determine whether or not a mine falls within the ambit of subclause (1).
(3) This clause will
expire on 31 December 2008.
(1) Unless otherwise
agreed by the parties, any agreement under the principal Act relating to
royalty on any minerals between the Minister and a person liable to pay the
royalty in force immediately before the commencement of this Act will continue
to have effect after the commencement of this Act, subject to any
modifications that may be necessary in the circumstances or that may be
prescribed (and on the basis that the agreement will cease to have effect in
any event when the agreement expires, or is brought to an end in accordance
with its terms or otherwise by agreement between the parties).
(2) Nothing in this
Schedule prevents or limits the ability of the Minister to enter into an
agreement under the principal Act as amended by this Act (including an
agreement that has the effect of modifying or excluding the operation of
clause 2 in the relevant case).