South Australian Consolidated Acts

MINING ACT 1971 - SECT 17A

17A—Reduced royalty for new mines

        (1)         The Minister may, on the application of a person liable to pay royalty (other than on extractive minerals), by notice in the Gazette, declare that a mine will be taken to be a "new mine" for the purposes of this section.

        (2)         Despite section 17, for the period of 5 years commencing on the date of paying the first royalty payment under this Act, royalty payable in relation to minerals (other than extractive minerals) recovered from mineral land at a new mine will be equivalent to 1.5 per cent of the value of the minerals (as assessed in accordance with the royalty assessment principles under section 17).

        (3)         The Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).

        (4)         An application under this section must be made in a manner and form determined by the Minister and must be lodged with the Director of Mines.

        (5)         An applicant must provide any information reasonably required by the Minister to determine the application.

        (6)         In determining whether or not to make a declaration under this section, the Minister may have regard to the following matters (insofar as they may be relevant):

            (a)         the extent to which the mining operations to be carried on at the mine can be viewed as constituting an extension of existing mining operations, or the revival of mining operations that have been previously carried on;

            (b)         the nature of the mining operations to be carried on at the mine when compared to any existing operations carried on, or previously carried on, at the same tenement, or a tenement within the vicinity of the relevant mine;

            (c)         the relationship of the applicant to any other person carrying on mining operations within the vicinity of the relevant mine (including, in the case of a body corporate, mining operations carried on by a related body corporate within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth);

            (d)         such other matters as the Minister thinks fit.