South Australian Consolidated Acts

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MINING ACT 1971 - SECT 17D

17D—When royalty falls due

        (1)         Subject to this Act, royalty will fall due—

            (a)         in respect of minerals with an ex-mine gate value calculated during the period between 1 January and 30 June (both dates inclusive) in any year—on 31 July of that year;

            (b)         in respect of minerals with an ex-mine gate value calculated during the period between 1 July and 31 December (both dates inclusive) in any year—on 31 January of the following year,

(but the Minister may, on application by the person liable to pay the royalty or of his or her own motion, extend the date on which the royalty will fall due).

        (2)         Despite subsection (1), any royalty on minerals recovered from land within a mining tenement or private mine will be due and payable (including for the purposes of the imposition of a penalty amount for unpaid royalty under this Act)—

            (a)         in the case of a mining tenement

                  (i)         when the mining tenement is being transferred or surrendered; or

                  (ii)         when the mining tenement is suspended or cancelled; or

                  (iii)         when the mining tenement expires; or

            (b)         in the case of a private mine—when the declaration of the relevant area as a private mine is revoked; or

            (c)         at any other time in accordance with the regulations.

        (3)         The Minister may, on application by a person liable to pay royalty or of his or her own motion, exempt (on such conditions as the Minister thinks fit) a person from the operation of subsection (1) or (2) if the Minister is satisfied that it is not reasonably practicable for the person to strictly comply with the requirements of this section.

        (4)         In this section—

"ex-mine gate value" means a value calculated in accordance with section 17(5).



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