Newmont Tanami Pty Ltd v Secretary for Mineral Royalties (NT)

[2020] NTSC 22

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Taxation Administration Act 2007 (NT) s 115(1)(b) appeal against decision of Secretary to disallow objection to assessment of mineral royalty
2. › Secretary’s decision varied
1. Mineral Royalty Act 1982 (NT) s 10(2) - whether costs of discontinued project deductable
2. › some project costs deductable
1. Mineral Royalty Act 1982 (NT) s 4B
2. › project aimed at saving costs and increasing production
3. › project discontinued before completion
4. › whether expenditure on discontinued project “eligible research and development expenditure”
5. › part of the expenditure is “eligible research and development expenditure
1. Mineral Royalty Act 1982 (NT) s 4 - whether expenditure on discontinued project “operating costs” as expenditure for “maintenance for the purposes of the production (or sale of marketing) of the saleable mineral commodity of a production unit” - expenditure not maintenance for the purpose of production of the saleable mineral commodity