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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 91

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 91

91—Registration fees

        (1)         Subject to this section, there is payable to the Minister in respect of an entry in the register of a memorandum of the transfer of a title under section 77 a fee at the rate of 1.5 per cent of—

            (a)         the value of the consideration for the transfer; or

            (b)         the value of the title transferred,

whichever is the greater, or, if the amount of that fee is less than the prescribed amount, a fee of the prescribed amount.

        (2)         Where—

            (a)         a fee imposed by this section, as in force at any time, in respect of an entry of approval of an instrument or dealing, being an instrument or dealing pursuant to which the transfer of a title is agreed to, has been paid; and

            (b)         but for this subsection, the amount of the fee imposed by subsection (1) in respect of the entry of a memorandum of the transfer of the title, being a transfer executed for the purpose of giving effect to the instrument or dealing referred to in paragraph (a), would be greater than the prescribed amount,

the amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer is the prescribed amount.

        (3)         Where—

            (a)         the parties to a transfer of a title lodged for approval under section 77 satisfy the Minister that—

                  (i)         those parties are related corporations within the meaning of the Companies (South Australia) Code ; and

                  (ii)         the transfer was executed solely for the purpose of a reorganisation of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them; and

                  (iii)         the transfer was not executed substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (1) in respect of the entry of a memorandum of the transfer; and

            (b)         but for this subsection, the amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer of the title would be more than the prescribed amount,

the amount of the fee imposed by subsection (1) in respect of the entry of the memorandum of the transfer is the prescribed amount.

        (4)         Subject to this section, there is payable to the Minister in respect of an entry in the register of the approval of a dealing under section 80 a fee at the rate of 1.5 per cent of—

            (a)         the value of the consideration for the dealing or, if the Minister approves the dealing in relation to another title or titles, an amount equal to the value of the consideration for the dealing divided by the number of titles in relation to which the dealing is approved; or

            (b)         in a case where—

                  (i)         the entry of approval relates to an interest in a licence or pipeline licence; and

                  (ii)         the value of the interest is greater than the amount applicable under paragraph (a); and

                  (iii)         the dealing has an effect of the kind referred to in section 80(1)(a), (b) or (d); and

                  (iv)         the Minister is satisfied that the dealing was not made pursuant to another dealing or an instrument, being a dealing or instrument that relates to that title and in respect of an entry of approval of which a fee has been paid under this section as in force at any time,

the value of the interest.

        (5)         Where—

            (a)         but for this subsection, the amount of the fee imposed by subsection (4) in relation to an entry of approval of a dealing would be less than the prescribed amount; or

            (b)         an approval under section 80 is given in respect of a dealing that is a dealing to which that section applies by reason only that the dealing creates, varies or terminates a charge over some or all of the assets of a body corporate,

the amount of the fee imposed by subsection (4) in respect of the entry of that approval is the prescribed amount.

        (6)         Where—

            (a)         the parties to a dealing lodged for approval under section 80 satisfy the Minister that—

                  (i)         those parties are related corporations within the meaning of the Companies (South Australia) Code ; and

                  (ii)         the dealing was entered into solely for the purpose of a reorganisation of the corporations concerned or any of them or solely for the purpose of securing the better administration of the corporations concerned or any of them; and

                  (iii)         the dealing was not entered into substantially for the purpose of avoiding or reducing the registration fees that would, but for this subsection, be payable under subsection (4) in respect of the entry of approval of the dealing; and

            (b)         but for this subsection, the amount of the fee imposed by subsection (4) in relation to the entry of approval of the dealing would be more than the prescribed amount,

the amount of the fee imposed by subsection (4) in respect of the entry of approval of that dealing is the prescribed amount.

        (7)         For the purposes of calculating the amount of the fee imposed by subsection (4) in respect of an entry of approval of a dealing, the value, as determined by the Minister, of any exploration works to be carried out pursuant to the dealing, being works that were, at the time when the application for approval of the dealing was lodged, required or permitted to be carried out by or under the relevant title, shall be deducted from the value of the consideration for the dealing or from the value of the interest in the relevant licence as the case requires.