South Australian Consolidated Acts

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MINING ACT 1971 - SECT 17E

17E—Penalty for unpaid royalty

        (1)         If royalty payable on minerals under this Act (other than extractive minerals recovered from a private mine) is not paid on or by the day on which it fell due, the person liable to pay the royalty is liable to pay a penalty amount, in addition to the amount of royalty unpaid, equal to $1 000 plus the prescribed amount for each month (or part of a month) for which the royalty remains unpaid.

        (2)         The Minister may, at the Minister's discretion, remit a penalty amount payable under subsection (1) by any amount.

        (3)         A penalty amount may be recovered by the Crown as a debt due to the Crown in any court of competent jurisdiction.

        (4)         In this section—

"prescribed amount" is to be calculated as follows:

1971.109.un00.jpg

where—

"PA" is the prescribed amount;

"R" is the amount of unpaid royalty;

"CLRR" is the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the day on which the royalty fell due.



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