Requirement to pay additional rent before commencement day continues
54 Requirement to pay additional rent before commencement day continues
If, immediately before the commencement day, the lessee of a mining lease was required to pay rent under the Mining Regulations 1981 former regulation 28A(1) because the period of 15 years referred to in that regulation had expired —
the period of 15 years referred to in regulation 42(2) is taken to have ended; and
the obligation for the lessee to pay rent for the mining lease under the Mining Regulations 1981 former regulation 28A(1) is taken to continue as the obligation to pay additional rent for the mining lease under regulation 42.
Otherwise, the reference in regulation 42(2) to the day on which iron ore is first obtained from a mining lease applies regardless of whether that day happened before or after the commencement day.
Despite regulation 42, the lessee of a mining lease is not required to pay additional rent for the mining lease for any period before the commencement day for which the lessee was not required to pay additional rent under the Mining Regulations 1981 former regulation 28A.
Note for this subregulation:
Under the Mining Regulations 1981 former regulation 28A, a lessee of a mining lease from which iron ore is obtained was not required to pay rent under that regulation until the period of 15 years from the day on which the Mining Amendment Regulations 1996 came into operation expired. Those regulations came into operation on 13 September 1996 (Gazette 13 September 1996 p. 4598).
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