Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DUTIES ACT 2008 - SECT 91E

91E .         Agreement for transfer of mining tenement conditional on grant of derivative mining right to transferor

        (1)         This section applies if —

            (a)         there is an agreement for the transfer of a mining tenement from a person ( person A ) to another person ( person B ); and

            (b)         it is a condition of the agreement for the transfer that after the transfer person B is to grant a derivative mining right (the prospective right ) in relation to the mining tenement to person A.

        (2)         In determining the dutiable value of the agreement referred to in subsection (1)(a), the unencumbered value of the mining tenement is to be determined, despite section 36(1), having regard to the effect of the prospective right on the value of the mining tenement, as if the prospective right were in force when liability for duty on the agreement arose.

        (3)         If the agreement referred to in subsection (1)(a) is duty endorsed, duty is not chargeable on the acquisition of the prospective right on its grant by person B.

        [Section 91E inserted: No. 12 of 2019 s. 34.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback