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MINING ACT 1978 - SECT 103EA

MINING ACT 1978 - SECT 103EA

103EA .         Memorial for unpaid tax

        (1)         A tax memorial takes effect when it is registered and ceases to have effect when a withdrawal of the memorial is registered.

        (2)         While a tax memorial registered against a mining tenement is in effect no dealing affecting the mining tenement is to be lodged or registered without the consent of the Commissioner of State Revenue.

        (3)         If a tax memorial is registered and in effect against —

            (a)         a mining tenement and the holder of that tenement is granted a mining lease or general purpose lease (the later tenement ) under section 49, 67 or 70L in respect of the land or a part of the land the subject of the tenement; or

            (b)         a mining tenement and the holder of that tenement is granted a retention licence (the later tenement ) under section 70B in respect of the land or a part of the land the subject of the tenement; or

            (c)         a special prospecting licence granted under section 56A, 70 or 85B and the holder of that licence is granted a mining lease for gold (the later tenement ) under section 56A(8), 70(8) or 85B(7) in respect of the land or a part of the land the subject of the licence,

                the tax memorial is to be taken to have been also lodged against the later tenement and is to be registered accordingly.

        (4)         A tax memorial registered in accordance with subsection (3) is taken to have been registered immediately after the later tenement was granted.

        [Section 103EA inserted: No. 31 of 2008 s. 16.]