Western Australian Current Acts Western Australian Current Acts (1) In the exercise of
the power to make regulations under section 162, the Governor may by
regulation —
(a)
prescribe how, by whom, and at what rate, or differentiating rates, royalties
shall be paid in respect of minerals or any class of minerals, obtained from
land that is the subject of a mining lease or other mining tenement granted
under this Act, or that is the subject of an application for the grant of a
mining lease or other mining tenement under this Act; and
(b)
exempt, subject to conditions or unconditionally, any person or class of
persons from payment either generally, or in any class of case, or in any
particular case, from payment of royalty so prescribed; and
(c)
provide for penalties, including penalties for continuing offences, for
contravention of the requirements of this Act in relation to royalties and the
furnishing of information relevant to the assessment of royalties.
(2) Regulations made
under section 162 may empower the Minister —
(a) to
determine by what method a value shall be placed on a mineral or a class of
minerals for the purpose of assessing the rate of royalty that shall be paid,
and in so doing to take into account market factors, including pricing methods
and merchandising practices; and
(b) to
exercise a discretion as to the basis on which a rate of royalty shall be
applied, taking into account particular circumstances.
(3) For the purposes
of this section, a reference to a mineral includes a reference to a material
containing that mineral.
(4) Notwithstanding
section 160B or the provisions of any other Act, proceedings in respect of a
failure to furnish information relevant to the assessment of royalties or to
pay royalties under this Act may be brought within the period of 3 years after
the royalty return was required to be submitted or the royalty required to be
paid or, with the consent of the Minister, at any later time.
[Section 109 amended: No. 100 of 1985 s. 83; No.
58 of 1994 s. 43.]