Mining Act 1992

Royalty on the coal in coal reject recovered under a mining lease is payable under this Division at the rate determined from time to time by the Minister, with the concurrence of the Treasurer, in respect of the lease or the class of leases concerned.

The rate of royalty on the coal in coal reject may be a zero rate or may be any other rate up to, but not exceeding, half the base rate of royalty prescribed from time to time in respect of coal under section 283 (1) (a).

In determining the rate of royalty the Minister is to have regard to—

the energy value of the coal reject, and

the costs associated with extracting, transporting or processing the coal reject for the purposes of use or disposal, and

such other matters as the Minister considers appropriate.

Royalty under this Division is payable on the coal in coal reject at the rate applicable—

at the time the coal reject is used by the holder of the relevant mining lease in producing energy, or

at the time the coal reject is disposed of by that holder for use in producing energy.

Royalty required to be calculated on the basis of the weight of coal is to be calculated by reference to dry weight.

If no rate has been determined by the Minister for royalty payable on the coal in coal reject recovered under a mining lease, the rate of royalty payable under this section is the rate of royalty that would otherwise be applicable if Division 1 applied in the circumstances.