Royalty return and payment upon transfer or surrender of mining claim or mining lease
325 Royalty return and payment upon transfer or surrender of mining claim or mining lease
A person who transfers or surrenders, otherwise than for the purpose of a grant of a new mining claim or mining lease, a mining claim or a mining lease shall lodge with the document of transfer or surrender a royalty return with respect to mineral mined under the authority of the mining claim or mining lease for the current return period up to the last day of the month immediately preceding the lodgement of the transfer or surrender and shall lodge with the return the prescribed royalty in respect of that mineral.
Nothing in subsection (1) shall abrogate the liability of a holder of a mining claim or mining lease at the time that minerals are mined thereunder to pay royalty on the minerals mined during the period from the date up to which the return required under subsection (1) is required up to the date the transfer or surrender thereof takes effect.
Despite subsection (1), the person is not required to lodge the royalty return if the royalty return has been lodged under section 320(4) and the person—
has paid the royalty under section 320; or
is not required to pay a royalty under section 320.
Also, despite subsection (1), the person is not required to pay the royalty if the person has paid the royalty under section 320.
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