Royalties actions taken under repealed provisions before commencement day
29 Royalties actions taken under repealed provisions before commencement day
In this clause —
commencement day means the day on which the Mining Amendment (Transfer of Royalty Administration) Act 2025 section 10 comes into operation;
corresponding provision, of Part 5A in relation to a repealed provision, means the provision of Part 5A, or a regulation under Part 5A, that is substantially the same as the repealed provision;
repealed, in relation to section 109 or 109A or a regulation under section 109, means that provision as in force from time to time before the commencement day;
repealed provisions means repealed sections 109 and 109A and regulations under repealed section 109.
Anything done or that may have been done by the Minister under a repealed provision before the commencement day —
is, on and from the commencement day, taken to have been done by the Minister under the corresponding provision of Part 5A; and
if doing the thing is ongoing, unfinished or yet to be started, may, on or after the commencement day, continue to be done or started by the Minister under the corresponding provision of Part 5A.
Without limiting subclause (2) —
an estimate or determination of a royalty payable that is, or may be, made by the Minister under repealed section 109A(1) or (6) is taken to have been made, or may be made, by the Minister under section 120F; and
a notice about an estimate or determination of a royalty payable that is, or may be, given by the Minister under repealed section 109A(1) or (6) is taken to have been given, or may be given, by the Minister under section 120G; and
a certificate that a royalty has been properly assessed and calculated accepted by, or given to but not yet accepted by, the Minister under repealed section 109A(2) is taken to have been accepted by or given to the Minister under section 120H; and
a penalty amount determined, or that may be determined, by the Minister under repealed section 109A(6)(b) is taken to have been determined, or may be determined, by the Minister under section 120P(3).
Despite subclauses (2) and (3), a legal proceeding about anything done by the Minister under a repealed provision that, immediately before the commencement day, was being taken, or may have been taken, by or against the Minister may be continued or taken by or against the Minister as though the Mining Amendment (Transfer of Royalty Administration) Act 2025 had not been enacted.
[Clause 29 inserted: No. 7 of 2025 s. 16.]
This provision refers to the regulations (a regulation
). Made under this Act:
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