Royalty based on royalty value of mineral: rate of royalty
14 Royalty based on royalty value of mineral: rate of royalty
The rate of royalty payable for a mineral referred to in the Table to Schedule 1 Division 2 is the percentage, specified opposite the mineral in the Table, of the royalty value of the mineral.
In subregulation (1) —
royalty value, in relation to a mineral —
in the case of cobalt or copper sold as a nickel by‑product — has the meaning given in regulation 40(3); or
in the case of gold metal produced — has the meaning given in regulation 30; or
in the case of iron ore first sold by export — means the gross invoice value of the iron ore less the shipping costs for the iron ore; or
in the case of iron ore to which paragraph (c) does not apply — has the meaning given in regulation 37(2); or
in the case of lithium concentrate sold or used in the circumstances described in regulation 38(1) — has the meaning given in regulation 38(2); or
in the case of nickel — has the meaning given in regulation 40(2); or
in the case of a rare earth element — has the meaning given in regulation 41(2); or
in the case of vanadium sold or used in the circumstances described in regulation 41A(1) — has the meaning given in regulation 41A(2); or
otherwise — means the gross invoice value of the mineral less the total of the allowable deductions for the sale of the mineral.
For the purposes of subregulation (2)(c), iron ore is first sold by export when the iron ore, as first sold by the holder of the mining tenement from which it is obtained, is delivered onto, or from, a ship that is exporting the iron ore from Australia, which is evidenced by a bill of lading and an invoice for the sale and export of the ore.
Subregulation (5) applies for the purposes of working out, for subregulation (2)(h), the allowable deductions for the sale of garnet that is exported.
Paragraph (a)(i) of the definition of allowable deduction in regulation 3 applies as if the garnet first left port in this State from the nearest available port to the mining tenement from which the garnet is obtained, even if it is transported further before first leaving port in the State.
[Regulation 14 amended: SL 2026/2 r. 6.]
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