Western Australian Current Acts Western Australian Current Acts (1) A permittee,
lessee or licensee shall, subject to this Division, pay to the Minister
royalty at the prescribed rate in respect of all petroleum recovered by the
permittee, lessee or licensee in the permit area, lease area or licence area.
(2) Subject to the
succeeding provisions of this section and the provisions of section 144, the
prescribed rate in respect of petroleum recovered under a permit, lease or
licence is 10% of the royalty value of the petroleum.
(3) The prescribed
rate in respect of petroleum recovered under a secondary licence is the
percentage determined by the Minister in pursuance of section 42(1) in respect
of petroleum so recovered.
(4) Where a secondary
licence is granted to the holder of a primary licence, the prescribed rate in
respect of petroleum recovered under the primary licence is, as from the
commencement of the next royalty period after the day from which the secondary
licence has effect, the same percentage as is applicable in respect of
petroleum recovered under the secondary licence.
(5) Where —
(a) a
licence is granted on an application under section 47; and
(b) the
instrument served on the applicant under section 49 contains a statement that
the applicant will be required to pay, in respect of petroleum recovered under
that licence, royalty at the rate specified in that statement,
the prescribed rate in
respect of petroleum recovered under that licence is the percentage specified
in that statement.
(6) Where a licence is
granted on an application under section 51(1), the prescribed rate in respect
of petroleum recovered under that licence is the same percentage as was
applicable in respect of petroleum recovered under the original licence as
defined by that subsection.
(7) The prescribed
rate in respect of petroleum recovered in the licence area referred to in a
licence granted by way of renewal of a licence is the percentage that would be
the prescribed rate if the licence so granted were the continuation in force
of the previous licence.
(8) A reference in
this section or in a permit, lease or licence to royalty at the prescribed
rate or royalty at the rate that is for the time being the prescribed rate
shall be read as a reference to royalty at the rate that is or was the
prescribed rate applicable in accordance with the provisions of this Act as in
force from time to time.
[Section 143 amended: No. 12 of 1990 s. 243; No.
11 of 1994 s. 9.]