Prescription of royalty
321 Prescription of royalty
Regulations made pursuant to section 417, may prescribe the royalties payable in respect of mineral mined from land to the Crown or other person who had the property in the mineral.
Royalty may be prescribed whether the obligation to pay the royalty arises under this Act or under any agreement made with the State of Queensland or under any undertaking given by any person and shall be calculated at such rate or rates, in such manner and on such basis or bases as are prescribed by regulation.
Without limiting the authority of the Governor in Council to regulate with respect to royalty, a rate of royalty and the manner and basis of its calculation—
may be prescribed by reference to the quantity of mineral-bearing ore removed or by reference to the quantity of mineral mined;
may be prescribed by reference to a proportion of the profits made from specified operations or from a particular operation or of the gross proceeds of the sale or disposal of the product of specified operations or of a particular operation;
may vary as between royalties payable in respect of different minerals;
may vary as between royalties payable by the same person or by different persons whether—
in respect of the same mineral or different minerals;
in respect of mineral mined at the same place or at different places;
in respect of mineral mined at the same point in time or at different points in time;
in respect of mineral mined by the same method of mining or by different methods of mining;
may be prescribed to apply generally throughout the State or in any prescribed locality of the State;
may be prescribed in respect of all mining operations in the State or in respect of a particular mining operation or in respect of the mining operations of a particular person.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
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