Mining Act 1978

This section applies if the Minister is satisfied —

a royalty has not been paid; or

the amount of a royalty was not properly assessed or calculated.

The Minister may determine the amount of the royalty, taking into account the information available to the Minister.

The Minister may base a determination under subsection (2) on an estimate of the amount of the royalty if the Minister is satisfied that the information available to make a determination is inadequate or unreliable.

Before finalising the determination, the Minister must give a royalty payer a notice —

stating that the Minister is determining the amount of the royalty under this section; and

setting out the way in which the Minister proposes to determine the amount; and

inviting the person to make submissions about the proposed determination on or before the day specified in the notice.

On making the determination, the Minister must consider any submissions made by the royalty payer on or before the specified day.

The Minister may determine the amount of the royalty under this section even if the Minister accepts a certificate about the determination of the royalty given to the Minister under section 120H.