Mining Regulation 2016

(Former clause 65D of 2010 Reg)

The Secretary is to determine an annual rental fee area for any authorisation that is granted or proposed to be granted on or after 1 July 2012.

The Secretary may determine (and must determine, if required to do so by this Division) an annual rental fee area for an authorisation granted before 1 July 2012.

The annual rental fee area is a description of the land to which the authorisation applies, or is proposed to apply, in terms that enable an annual rental fee payable under Part 14A of the Act to be calculated in respect of the authorisation.

Exclusions specified, or proposed to be specified, in an authorisation are to be counted towards the annual rental fee area.

The Secretary is required to record an annual rental fee area determined under this clause in the record kept by the Secretary under section 159 of the Act.

The Secretary may, if the Secretary considers it is fair and reasonable to do so, revise his or her determination of the annual rental fee area for an authorisation by varying the determination or substituting a new determination.

Note.

For example, the Secretary might revise his or her determination of the annual rental fee area if an application for partial renewal of an authority is made and, because of section 117 of the Act, the authority continues to have effect but only in relation to a smaller area of land.

If the Secretary revises his or her determination of the annual rental fee area for an authorisation, the Secretary is to update the record of the annual rental fee area kept under section 159 of the Act to reflect that revision.

It is not necessary to determine an annual rental fee area in respect of an authorisation if the authorisation is exempt from the requirement to pay an annual rental fee.