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MINING (ROYALTY NO 2) AMENDMENT ACT 2005 (NO 61 OF 2005) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interpretation

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.

3—Agreements

        (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).



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