Separate gold royalty projects
22 Separate gold royalty projects
In these regulations, each of the following is a gold royalty project —
if paragraphs (b) and (c) do not apply in relation to gold-bearing material obtained from a mining tenement — the mining tenement, or all of the mining tenements, associated with the same treatment facility;
the mining tenement or mining tenements treated as a separate gold royalty project under an approval of the Commissioner under subregulation (3);
an arrangement for producing, obtaining or treating gold-bearing material designated as a separate gold royalty project by the Minister under regulation 36(1)(a).
For the purposes of this regulation, a mining tenement, or more than 1 mining tenement together, are associated with the same treatment facility if the gold-bearing material obtained or produced from the tenement or tenements is treated or processed at the same treatment facility or combination of treatment facilities.
The Commissioner may, on the request of a person mentioned in subregulation (4), approve 1 or more mining tenements (the relevant tenements) associated with a treatment facility being treated as a separate gold royalty project if satisfied that the holder of, or applicant for, the relevant tenements —
is not the holder of, or applicant for, 1 or more other mining tenements associated with the same treatment facility; and
does not have a connection with another person who is the holder of, or applicant for, 1 or more other mining tenements (the other tenements) associated with the same treatment facility of such a nature that the Commissioner considers that the relevant tenements and the other tenements can fairly be treated as forming part of the same gold royalty project.
The following persons may ask the Commissioner to approve that 1 or more mining tenements associated with a treatment facility, specified in the request, are treated as a separate gold royalty project to another mining tenement associated with the same treatment facility —
the holder of, or applicant for, 1 mining tenement specified in the request;
the holders of, or applicants for, more than 1 mining tenement specified in the request;
a person who produces gold-bearing material from 1 or more mining tenements specified in the request for delivery to a refinery.
[Regulation 22 amended: SL 2026/36 r. 4.]
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