MINING REGULATIONS 1981 - REG 31

MINING REGULATIONS 1981 - REG 31

31 .         Expenditure condition

        (1)         The holder of a mining lease shall expend or cause to be expended in mining on or in connection with mining on the lease not less than $100 for each hectare or part thereof of the area of the lease with a minimum of $10 000 during each year of the term of the lease; but if the holder is directly engaged part‑time or full‑time in mining on the lease itself then an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district shall be deemed to have been expended:

                Provided that where the area of a mining lease does not exceed 5 ha the minimum annual expenditure shall be $5 000.

        (1a)         Expenditure incurred under subregulation (1) during the month in which the anniversary date of the commencement of the term of the lease occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date.

        (1b)         The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a lease, apply when calculating expenditure under this regulation.

        (2)         If a mining lease is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the lease.

        [Regulation 31 amended: Gazette 16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776; 11 Jun 1999 p. 2544; 18 Jun 1999 p. 2643; 17 Jan 2003 p. 111.]