Liability to pay royalty—publicly owned minerals
282 Liability to pay royalty—publicly owned minerals
The holder of a mining lease is liable to pay royalty to the Crown on publicly owned minerals recovered by the holder under the lease.
The holder of a mining sublease is liable to pay royalty to the Crown on publicly owned minerals recovered from the sublease area.
Despite subsection (1), the holder of a mining lease remains liable to pay royalty on publicly owned minerals recovered from a sublease area only to the extent that the royalty has not been paid by the holder of the sublease.
To avoid doubt, the liability to pay royalty under this section attaches to the person who is the holder of the mining lease or sublease at the time the minerals are recovered under the lease or sublease.
Royalty that is payable to the Crown under a condition of a mining lease (being a condition of the kind referred to in clause 7A (3) of Schedule 1B) is payable in addition to, and not instead of, royalty payable under this Division.
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