{"id":"tas:sr-2016-041","name":"Mineral Resources Regulations 2016","slug":"mineral-resources-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"41 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186379,"registerId":"tas-tas:sr-2016-041-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Mineral Resources Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-041) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 June 2016.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) ;\n> \n> > ***Australian Accounting Standards*** means the Australian Accounting Standards, made by the Australian Accounting Standards Board, as in force from time to time;\n> \n> > ***building and dimension stone*** means stone used –\n> > \n> > > > (a) for ornamental purposes; or\n> > > \n> > > > (b) in walls, floors or roofs of structures; or\n> > > \n> > > > (c) as a paving stone;\n> \n> > ***datum post*** means a post erected on the corner of land being marked out;\n> \n> > ***financial year*** has the same meaning as in the *Corporations Act 2001* of the Commonwealth;\n> \n> > ***gold doré*** means an alloy of gold and silver resulting from the treatment of gold-bearing minerals;\n> \n> > ***GST*** has the same meaning as in the *A New Tax System (Goods and Services Tax) Act 1999* of the Commonwealth;\n> \n> > ***holder's financial year*** means the financial year for the holder of a mineral tenement;\n> \n> > ***iron ore pellet*** means a pellet that is produced by combining iron ore concentrate with other materials;\n> \n> > ***metal*** means a metallic mineral, specified in [Part 1](#JS4@HS1@EN) of [Schedule 4](#JS4@EN) , refined to an elemental state;\n> \n> > ***mineral concentrate*** means the product of a chemical or physical process of extracting a metal from a mineral ore that results in the enrichment of that metal;\n> \n> > ***mineral ore*** means the naturally occurring material from which one or more minerals of economic value can be extracted;\n> \n> > ***net sales***, in relation to a mineral, means the amount received from the sale of –\n> > \n> > > > (a) if a mineral concentrate has not been produced from the mineral ore, the mineral itself (less sale costs); or\n> > > \n> > > > (b) if a mineral concentrate has been produced from the mineral ore, the mineral concentrate (less sale costs); or\n> > > \n> > > > (c) if an iron ore pellet has been produced, the iron ore concentrate within the pellet (less sale costs);\n> \n> > ***public notice*** means a notice published in a newspaper circulating in the area in which the land, which is the subject of the notice, is situated;\n> \n> > ***quarter*** means –\n> > \n> > > > (a) a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; or\n> > > \n> > > > (b) any other approved period;\n> \n> > ***reference rate*** means the 30 Day Bank Bill Swap Reference Rate published daily by the Australian Financial Markets Association;\n> \n> > ***sale costs*** means costs reasonably incurred by a lessee, or licensee, for the purposes of making a mineral ore, or mineral concentrate, available for sale outside the site of its production and includes –\n> > \n> > > > (a) costs incurred by a lessee, or licensee, in transporting a mineral ore, or mineral concentrate, from the site of its production to the point of sale; and\n> > > \n> > > > (b) costs incurred by a lessee, or licensee, in preparing or refining a mineral ore, or mineral concentrate, outside the site of its production; and\n> > > \n> > > > (c) costs incurred by a lessee, or licensee, in arranging or effecting sale, or delivery, of a mineral ore or mineral concentrate;\n> \n> > ***year*** means any 4 consecutive quarters used for accounting purposes.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Determination of amount received from sale of mineral","content":"### 4 Determination of amount received from sale of mineral\n\n> > (1)  In this regulation –\n> > \n> > > ***AAS revenue from the sale of the mineral*** means the amount that is –\n> > > \n> > > > > (a) determined, in accordance with the Australian Accounting Standards, to be the revenue from the sale of the mineral; and\n> > > > \n> > > > > (b) required in accordance with those Standards to be recorded in an income statement.\n> \n> > (2)  For the purposes of these regulations, the amount received from a sale of a mineral is –\n> > \n> > > > (a) the AAS revenue from the sale of the mineral; or\n> > > \n> > > > (b) if [subregulation (3)](#GS4@Gs3@EN) applies in relation to the sale, the amount determined, in accordance with that subregulation, to be the revenue from the sale.\n> \n> > (3)  If –\n> > \n> > > > (a) a mineral is sold by a lessee or licensee to a person related to the lessee or licensee; and\n> > > \n> > > > (b) the AAS revenue from the sale of the mineral is less than would have been recorded in an income statement if the market price, as at the time of the sale of the mineral, had been paid for the mineral –\n> > \n> > the revenue from the sale is the amount that would have been the AAS revenue from the sale of the mineral if the mineral had been sold at the market price for the mineral, as at the time of the sale of the mineral.\n> \n> > (4)  In this regulation, a person is related to a lessee or licensee if –\n> > \n> > > > (a) the person is a natural person and the lessee or licensee is a relative of the person or is a body corporate controlled by a relative of the person; or\n> > > \n> > > > (b) the person is a body corporate, the lessee or licensee is a body corporate and the person is related to the lessee or licensee under section 50 of the Corporations Act.\n> \n> > (5)  For the purposes of [subregulation (3)](#GS4@Gs3@EN) , the time of sale of a mineral is the time at which possession of the mineral is transferred to the purchaser of the mineral.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"### 5 Application of Act\n\n> For the purposes of [section 5(7)](/view/html/inforce/2026-04-12/act-1995-116#GS5@Gs7@EN) of the Act, the prescribed area of land is the area of land shown on Plans 3251 to 3260 (inclusive) in the Central Plan Register.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences and Leases","content":"# Part 2 Licences and Leases","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Marking out","content":"### 6 Marking out\n\n> > (1)  For the purposes of [section 72](/view/html/inforce/2026-04-12/act-1995-116#GS72@EN) of the Act, a person is to mark out land in respect of an application for a lease by –\n> > \n> > > > (a) erecting a datum post, on one of the corners of the land, that –\n> > > > \n> > > > > > (i) is not less than 100 millimetres wide and 100 millimetres deep; and\n> > > > > \n> > > > > > (ii) projects not less than one metre from the ground; and\n> > > \n> > > > (b) affixing to the datum post a legible and durable notice stating the following:\n> > > > \n> > > > > > (i) the purpose of the lease;\n> > > > > \n> > > > > > (ii) any category or type of mineral to be covered by the lease;\n> > > > > \n> > > > > > (iii) the area of the land;\n> > > > > \n> > > > > > (iv) the position of the notice in relation to the land;\n> > > > > \n> > > > > > (v) the date of the marking out;\n> > > > > \n> > > > > > (vi) the name and address of the applicant for the lease;\n> > > > > \n> > > > > > (vii) the name and address of the person marking out the land.\n> \n> > (2)  For the purposes of [subregulation (1)(a)](#GS6@Gs1@Hpa@EN) , an existing tree, or an existing post, situated on one of the corners of the land, of the same proportions as specified in that subregulation, may be used as a datum post.\n> \n> > (3)  An applicant for a lease is to lodge, with the Registrar, a notice, in an approved form, of the marking out.\n> \n> > (4)  A notice is to be lodged with the Registrar within –\n> > \n> > > > (a) 7 days after the marking out; or\n> > > \n> > > > (b) 7 days after giving public notice of the application in accordance with any conditions the Director determines under [section 72(4)](/view/html/inforce/2026-04-12/act-1995-116#GS72@Gs4@EN) of the Act; or\n> > > \n> > > > (c) any further period the Registrar may allow.\n> \n> > (5)  The area and boundaries of the land are to be calculated from the datum post.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Prescribed area","content":"### 7 Prescribed area\n\n> For the purpose of [section 78A(3)](/view/html/inforce/2026-04-12/act-1995-116#GS78A@Gs3@EN) of the Act, the prescribed area of land is the area of land shown on Plan 3261 in the Central Plan Register.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Royalty","content":"# Part 3 Royalty","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed rates of royalty","content":"### 8 Prescribed rates of royalty\n\n> > (1)  For the purpose of [section 102(1)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1@EN) of the Act, the prescribed rate of royalty payable by a lessee in respect of a mineral specified in Schedule 1 is the rate specified in that Schedule.\n> \n> > (2)  For the purpose of [section 102(1A)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1A@EN) of the Act, the prescribed rate of royalty payable by a licensee in respect of a mineral specified in Schedule 1 is the rate specified in that Schedule.\n> \n> > (3)  For the purpose of [sections 102(1)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1@EN) and [(1A)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1A@EN) of the Act, the prescribed rate of royalty payable by a lessee or a licensee in respect of a mineral, other than a geothermal substance, not specified in Schedule 1 is that produced by the following formula:\n> > \n> > [![graphic image](/image/mr2011f1.gif)](/image/mr2011f1.gif)\n> > \n> > where –\n> > \n> > > ***R*** is the royalty;\n> > \n> > > ***N*** is the yearly net sales of the mineral for the immediately preceding year;\n> > \n> > > ***P*** is the yearly profit as calculated or determined under [regulation 9](#GS9@EN) , if any, for the immediately preceding year.\n> \n> > (4)  For the purpose of [section 102(1C)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1C@EN) of the Act, the prescribed maximum rate of royalty payable for a mineral not specified in [Schedule 1](#JS1@EN) is equivalent to 5.35% of net sales.\n> \n> > (5)  For the purpose of [section 102(1D)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs1D@EN) of the Act, the prescribed rate of royalty payable by a licensee in respect of geothermal energy produced under the licence is 2.75% of the value of the geothermal energy produced at the well head.\n> \n> > (6)  Despite [subregulation (3)](#GS8@Gs3@EN) , if the value of the net sales of a mineral not specified in [Schedule 1](#JS1@EN) is less than $100 000 for a year, the prescribed rate of royalty is 1.9% of net sales.\n> \n> > (7)  If the value of the net sales of a mineral not specified in [Schedule 1](#JS1@EN) is $100 000 or more but less than $600 000 for a year –\n> > \n> > > > (a) net sales royalty is to be assessed and paid on a quarterly basis; and\n> > > \n> > > > (b) profit royalty is to be assessed and paid on an annual basis.\n> \n> > (8)  For the purpose of [subregulation (7)](#GS8@Gs7@EN)  –\n> > \n> > > ***net sales royalty*** means the component of the formula in [subregulation (3)](#GS8@Gs3@EN) represented by:\n> > > \n> > > [![graphic image](/image/mr2011f2.gif)](/image/mr2011f2.gif)\n> > \n> > > ***profit royalty*** means the component of the formula in [subregulation (3)](#GS8@Gs3@EN) represented by:\n> > > \n> > > [![graphic image](/image/mr7-72.gif)](/image/mr7-72.gif)","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Calculation of yearly profit","content":"### 9 Calculation of yearly profit\n\n> > (1)  For the purpose of [regulation 8(3)](#GS8@Gs3@EN) , yearly profit is the prescribed yearly profit for the lessee's, or licensee's, mining operations, from which the mineral referred to in that subregulation is obtained, adjusted –\n> > \n> > > > (a) to exclude –\n> > > > \n> > > > > > (i) interest; and\n> > > > > \n> > > > > > (ii) hedging gains and losses; and\n> > > > > \n> > > > > > (iii) exploration expenditure; and\n> > > > > \n> > > > > > (iv) financing costs; and\n> > > > > \n> > > > > > (v) royalty; and\n> > > > > \n> > > > > > (vi) pellet premium; and\n> > > \n> > > > (b) to include –\n> > > > \n> > > > > > (i) delineation drilling costs; and\n> > > > > \n> > > > > > (ii) head office expenses; and\n> > > > > \n> > > > > > (iii) mining operations rehabilitation interest expense.\n> \n> > (2)  If a mineral not specified in [Schedule 1](#JS1@EN) is sold at a price less than the market price, the Minister may determine the amount of yearly profit in respect of that mineral up to an amount not exceeding the amount of yearly profit that would have been likely if the mineral had been sold at the market price.\n> \n> > (3)  In this regulation –\n> > \n> > > ***delineation drilling costs*** means the lessee's or licensee's costs of drilling for specified resources in the lease area, or licence area, and the costs of developing access routes for such drilling;\n> > \n> > > ***exploration expenditure*** means non-capitalised expenditure incurred by the lessee, or licensee, in prospecting or searching for minerals –\n> > > \n> > > > > (a) inside or outside the lease area or licence area; and\n> > > > \n> > > > > (b) outside an area of specified resources;\n> > \n> > > ***head office expenses*** means those costs incurred by the lessee, or licensee, in the administration and management of the mining operations referred to in [subregulation (1)](#GS9@Gs1@EN) from that lessee's or licensee's head office, whether located in the State, in another State or a Territory in Australia or overseas, in so far as those costs –\n> > > \n> > > > > (a) relate to mining and sale of minerals from that mining operation; and\n> > > > \n> > > > > (b) have not already been included in the calculation or determination of the lessee's or licensee's yearly profit for that mining operation; and\n> > > > \n> > > > > (c) do not include costs as set out in [subregulation (1)(a)](#GS9@Gs1@Hpa@EN) ;\n> > \n> > > ***JORC Code*** means the code for reporting of mineral resources and ore reserves, published by the Australasian Joint Ore Reserves Committee, as updated from time to time;\n> > \n> > > ***mining operations rehabilitation interest expense*** means the lessee's or licensee's interest expense associated with a discounted rehabilitation provision, within the meaning of the Australian Accounting Standards, for the mining operations;\n> > \n> > > ***pellet premium*** means the amount received from the sale of an iron ore pellet that is in excess of the value of the iron ore, or iron ore concentrate, contained within the pellet;\n> > \n> > > ***prescribed yearly profit*** means the yearly earnings before interest, and taxation, as shown in an income statement prepared in accordance with the Australian Accounting Standards;\n> > \n> > > ***specified resources*** means –\n> > > \n> > > > > (a) measured or indicated resources; or\n> > > > \n> > > > > (b) ore reserves –\n> > > \n> > > as defined in the JORC Code.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Estimation of yearly profit","content":"### 10 Estimation of yearly profit\n\n> > (1)  For the purpose of enabling royalty to be paid as required by [regulation 11](#GS11@EN) in respect of a quarter, the Director may allow the holder of a mineral tenement to estimate yearly profit in relation to the quarter, if –\n> > \n> > > > (a) the Director is satisfied that insufficient data is available to enable the holder to determine yearly profit in relation to that quarter; and\n> > > \n> > > > (b) the holder supplies the Director within 30 days after the end of the holder's financial year with a reconciled statement of accounts relating to the operation of the tenement during that holder's financial year; and\n> > > \n> > > > (c) the holder, within 30 days after the end of the holder's financial year, pays to the Director the amount, if any, of any further royalty that, based upon that statement, is payable in accordance with [subregulation (4)(b)](#GS10@Gs4@Hpb@EN) .\n> \n> > (2)  For the purposes of [subregulation (1)](#GS10@Gs1@EN) , the estimate of the yearly profit in relation to a quarter is to be made by the holder of a mineral tenement –\n> > \n> > > > (a) estimating, in accordance with [regulation 9](#GS9@EN) , the yearly profit in relation to the quarter (the ***current quarter***), on the basis of the data, in relation to the current quarter, that is available to the holder at the time of the estimation; and\n> > > \n> > > > (b) if it appears, in accordance with the data available to enable the holder to determine yearly profit for a previous quarter in relation to which an amount of royalty has been paid by the holder –\n> > > > \n> > > > > > (i) the holder paid more royalty in relation to the previous quarter than the holder would have been required to pay had the data been available at the time the payment was made in relation to the previous quarter, deducting, from the amount determined in accordance with [paragraph (a)](#GS10@Gs2@Hpa@EN) in relation to the current quarter, the amount by which royalty was overpaid in relation to the previous quarter; or\n> > > > > \n> > > > > > (ii) the holder paid less royalty in relation to the previous quarter than the holder would have been required to pay had the data been available at the time the payment was made in relation to the previous quarter, adding, to the amount determined in accordance with [paragraph (a)](#GS10@Gs2@Hpa@EN) in relation to the current quarter, the amount by which royalty was underpaid in relation to the previous quarter.\n> \n> > (3)  The amount that the holder is to pay in respect of a quarter is to be the amount obtained by the calculation under [subregulation (2)(b)](#GS10@Gs2@Hpb@EN) in respect of that quarter.\n> \n> > (4)  If, at the end of a financial year in relation to the holder of a mineral tenement, the amounts paid as royalty in accordance with estimates under [subregulation (1)](#GS10@Gs1@EN) are –\n> > \n> > > > (a) more than the amount indicated in the reconciled statement (the ***final amount***) provided by the holder to the Director in accordance with [subregulation (2)](#GS10@Gs2@EN) , the Director must refund to the holder the amount by which the amounts paid in accordance with estimates under [subregulation (1)](#GS10@Gs1@EN) are more than the final amount; or\n> > > \n> > > > (b) less than the amount indicated in the reconciled statement (the ***final amount***) provided by the holder to the Director in accordance with [subregulation (2)](#GS10@Gs2@EN) , the holder must pay to the Director the amount by which the amounts paid in accordance with estimates under [subregulation (1)](#GS10@Gs1@EN) are less than the final amount.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Royalty payable","content":"### 11 Royalty payable\n\n> For the purpose of [section 102(2)(b)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs2@Hpb@EN) of the Act, royalty is payable –\n> \n> > > (a) in respect of each quarter; and\n> > \n> > > (b) by the 30th day after the end of that quarter.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Payments by instalment in relation to minerals","content":"### 12 Payments by instalment in relation to minerals\n\n> If the Director so determines, a lessee or licensee may pay royalty in respect of a mineral in instalments of any amount the Director determines, having regard to –\n> \n> > > (a) the net sales of that mineral in the quarter in relation to which royalty is payable; and\n> > \n> > > (b) any profit or loss in respect of that mineral for that quarter and any previous quarter or quarters of the year to which that quarter relates; and\n> > \n> > > (c) the amount of any instalment of royalty paid in that year.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Interest payable","content":"### 13 Interest payable\n\n> For the purpose of [section 102(4)](/view/html/inforce/2026-04-12/act-1995-116#GS102@Gs4@EN) of the Act, interest on any royalty not paid by the due date is payable at twice the reference rate as published on the due date.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Rebate on royalty payable","content":"### 14 Rebate on royalty payable\n\n> > (1)  For the purpose of [section 102A(2)](/view/html/inforce/2026-04-12/act-1995-116#GS102A@Gs2@EN) of the Act, the rate for a rebate on royalty payable is 20% for a metal, other than gold doré, produced in Tasmania from a mineral mined in Tasmania.\n> \n> > (2)  [Subregulation (1)](#GS14@Gs1@EN) does not apply to the primary treatment of a mineral to produce a mineral concentrate for sale or transportation.\n> \n> > (3)  For the purpose of [section 102A(2)](/view/html/inforce/2026-04-12/act-1995-116#GS102A@Gs2@EN) of the Act, the rate for a rebate on royalty payable is 10% for gold doré produced in Tasmania from a mineral mined in Tasmania.\n> \n> > (4)  The Minister, after consultation with the Treasurer, may increase a rebate under [subregulation (3)](#GS14@Gs3@EN) to 20% having regard to the following:\n> > \n> > > > (a) the size of a new investment and additional employment arising from the production of gold doré;\n> > > \n> > > > (b) any benefit to the Tasmanian economy from the new investment producing gold doré.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Records and Reports","content":"# Part 4 Records and Reports","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Records","content":"### 15 Records\n\n> > (1)  The holder of a mineral tenement is to keep a record of the following information in relation to minerals, or geothermal energy, obtained during mining operations under the mineral tenement:\n> > \n> > > > (a) the quantity of minerals, or geothermal energy, obtained;\n> > > \n> > > > (b) the quantity of mineral products produced from the treatment of ores;\n> > > \n> > > > (c) the quantity of mineral products, or geothermal energy, sold;\n> > > \n> > > > (d) the amount received from the sale of mineral products or geothermal energy;\n> > > \n> > > > (e) any details, calculations or information used to determine yearly profits.\n> \n> > (2)  The holder of a mineral tenement is to retain, in good condition, for at least 7 years, a record kept under [subregulation (1)](#GS15@Gs1@EN) .\n> \n> > (3)  The Director may require the holder of a mineral tenement to supply to the Director –\n> > \n> > > > (a) copies of all records kept under [subregulation (1)](#GS15@Gs1@EN) ; and\n> > > \n> > > > (b) any other information necessary to enable the amount of royalty payable by that person to be assessed.\n> \n> > (4)  The Director, or any other person authorised in writing by the Director, may examine –\n> > \n> > > > (a) the records kept under [subregulation (1)](#GS15@Gs1@EN) ; and\n> > > \n> > > > (b) any information requested under [subregulation (3)(b)](#GS15@Gs3@Hpb@EN) .","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Audit report","content":"### 16 Audit report\n\n> > (1)  The holder of a mineral tenement for a mineral not specified in [Schedule 1](#JS1@EN) is, within 120 days after the end of the mineral tenement holder's financial year, to submit to the Director –\n> > \n> > > > (a) a certificate from the mineral tenement holder's auditor certifying that the income statement used as the basis to complete the mineral tenement holder's royalty returns for that financial year has been prepared in accordance with the Australian Accounting Standards; and\n> > > \n> > > > (b) a copy of the mineral tenement holder's annual financial statements for that financial year.\n> \n> > (2)  In [subregulation (1)](#GS16@Gs1@EN)  –\n> > \n> > > ***financial statements*** means the financial statements for the mining operations from which a mineral referred to in the subregulation is obtained;\n> > \n> > > ***income statement*** means the mineral tenement holder's income statement for the mining operations from which a mineral referred to in the subregulation is obtained.","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Fees and Rent","content":"# Part 5 Fees and Rent","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Fees and rent","content":"### 17 Fees and rent\n\n> > (1)  The fees specified in [Schedule 2](#JS2@EN) are payable in respect of licences, leases and other matters.\n> \n> > (2)  The fees specified in [Schedule 3](#JS3@EN) are payable in respect of rent for land over which licences and leases are granted.\n> \n> > (3)  The fees specified in [Schedule 3](#JS3@EN) are GST inclusive.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Payment of rent","content":"### 18 Payment of rent\n\n> The holder of an exploration licence, a special exploration licence, a retention licence or a production licence is to pay the rent in respect of the licence on or before the anniversary of the date on which the licence was issued.","sortOrder":22},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Prescribed minerals","content":"### 19 Prescribed minerals\n\n> The minerals specified in [Schedule 4](#JS4@EN) are prescribed as metallic minerals, industrial minerals, semi-precious stones and precious stones.","sortOrder":24},{"sectionNumber":"SCHEDULE 1 - Royalties","sectionType":"part","heading":"SCHEDULE 1 - Royalties","content":"# SCHEDULE 1 - Royalties SCHEDULE 1 - Royalties\n\n[Regulation 8(1)](#GS8@Gs1@EN) and [(2)](#GS8@Gs2@EN)\n\n| Item | Type of royalty | Amount |\n| 1. | For petroleum, for each $100 of the gross value of petroleum at the well head | $12.00 |\n| 2. | For coal seam gas, for each $100 of the gross value of coal seam gas at the well head | $12.00 |\n| 3. | For – |  |\n|  | (a) clay, per tonne | $1.32 |\n|  | (b) kaolin, per tonne | $1.32 |\n|  | (c) dolomite for metallurgical and chemical use, per tonne | $1.32 |\n|  | (d) dolomite for other uses, per tonne | $0.66 |\n|  | (e) limestone for chemical and metallurgical use, per tonne | $1.32 |\n|  | (f) limestone for other uses, per tonne | $0.66 |\n|  | (g) silica for metallurgical use, per tonne | $1.32 or 5.35% of sales value, whichever is the greater |\n|  | (h) silica flour per tonne | $1.00 |\n|  | (i) silica for other uses (excluding silica flour), per tonne | $0.66 |\n|  | (j) sand, per tonne | $0.66 |\n|  | (k) gravel, per tonne | $0.66 |\n|  | (l) pebbles, per tonne | $2.64 |\n|  | (m) building and dimension stone, per cubic metre | $5.50 |\n|  | (n) crushed and broken stone, per tonne | $0.66 |\n|  | (o) magnesite for chemical and metallurgical use, per tonne | $1.32 or 5.35% of sales value, whichever is the greater |\n|  | (p) magnesite for other uses, per tonne | $0.66 |\n|  | (q) iron oxide used in pigment manufacture, per tonne | $1.32 |","sortOrder":25},{"sectionNumber":"SCHEDULE 2 - Fees","sectionType":"part","heading":"SCHEDULE 2 - Fees","content":"# SCHEDULE 2 - Fees SCHEDULE 2 - Fees\n\n[Regulation 17(1)](#GS17@Gs1@EN)","sortOrder":26},{"sectionNumber":"SCHEDULE 3 - Rent","sectionType":"part","heading":"SCHEDULE 3 - Rent","content":"# SCHEDULE 3 - Rent SCHEDULE 3 - Rent\n\n[Regulation 17(2)](#GS17@Gs2@EN) and [(3)](#GS17@Gs3@EN)\n\n| Item | Type of fee | Amount (fee units) |\n| 1. | Exploration licence for category 4 minerals – |  |\n|  | (a) each of the first 2 periods of 12 months, per square kilometre | 2.85 |\n|  | (b) each subsequent period of 12 months, per square kilometre | 4.29 |\n| 2. | Exploration licence for all other minerals – |  |\n|  | (a) each of the first 2 periods of 12 months, per square kilometre | 18.15 |\n|  | (b) each subsequent period of 12 months, per square kilometre | 36.30 |\n| 3. | Special exploration licence – |  |\n|  | (a) each of the first 2 periods of 12 months, per square kilometre | 2.85 |\n|  | (b) each subsequent period of 12 months, per square kilometre | 4.29 |\n| 4. | Retention licence – |  |\n|  | (a) coal, petroleum, coal seam gas or geothermal substance, per square kilometre for each period of 12 months | 860 |\n|  | (b) minerals other than coal, petroleum, coal seam gas or geothermal substance, per square kilometre for each period of 12 months | 1 715 |\n| 5. | Production licence for each financial year, per square kilometre | 75 with minimum 5150 |\n| 6. | Mining lease, per hectare, for each financial year | 15.13 with minimum 302.60 |","sortOrder":29},{"sectionNumber":"SCHEDULE 4 - Prescribed minera","sectionType":"part","heading":"SCHEDULE 4 - Prescribed minerals","content":"# SCHEDULE 4 - Prescribed minera SCHEDULE 4 - Prescribed minerals\n\n[Regulation 19](#GS19@EN)","sortOrder":30}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no clear indication that the scope of these regulations has shifted materially from their original 2016 intent. Amendments have been made (last file modification February 2024), but without access to the full regulatory text or amendment history, it is not possible to confirm whether any amendments expanded or narrowed the original scope. The regulations appear to remain focused on the administration of mineral resource activities in Tasmania."},"complexity_factors":["Regulations sit beneath a parent Act, requiring cross-referencing between the two instruments to understand the full legal picture","Mining and resources law involves technical subject matter (geological, environmental, and commercial concepts) that can be hard for laypeople to navigate","The document provided contains only metadata and status information — the actual regulatory clauses are absent, preventing full substantive analysis","Multiple amendments since 2016 (as indicated by the Table of Amending Instruments) mean the current version may differ significantly from the original, adding a layer of complexity when tracing changes","Tasmanian mining regulation intersects with federal environmental law (e.g., EPBC Act), adding jurisdictional complexity not visible in this document alone"],"plain_english_summary":"These Tasmanian regulations sit under the Mineral Resources Development Act and set the practical rules for mineral exploration and mining — how licences are applied for, fees and conditions, reporting and compliance. They directly affect explorers, mining companies, landowners and regulators by governing the day-to-day legal requirements for operating in Tasmania.\n\nNote: only a cover/status page was provided, so the detailed regulatory text isn’t available for review."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a regulatory instrument governing mineral resource extraction. It covers the standard elements expected in mining regulations: licensing procedures, royalty calculations, record-keeping, and fee structures. There is no evidence of significant scope creep beyond the original intent of operationalizing the parent Mineral Resources Development Act 1995."},"complexity_factors":["Dual royalty calculation systems: fixed rates in Schedule 1 vs. complex formula (R = 0.0275N + 0.25P) for unlisted minerals in regulation 8(3)","Nested conditional logic in regulation 8: exceptions for minerals under $100,000 net sales (subregulation 6), split payment systems for $100k-$600k range (subregulation 7), and maximum rate caps (subregulation 4)","Extensive defined terms (17 in regulation 3 alone) including recursive definitions like 'sale costs' which itself contains nested sub-paragraphs","Complex related-party transaction rules in regulation 4 requiring market price substitution and Corporations Act cross-references for determining 'related' persons","Multi-layered profit calculation in regulation 9 with 6 exclusions and 3 inclusions from base accounting profit, plus Ministerial discretion to adjust for non-arm's length sales","Estimation and reconciliation mechanism in regulation 10 with forward-looking estimates and backward-looking adjustments across quarters","Cross-referencing throughout to the parent Mineral Resources Development Act 1995 (at least 15 explicit section references)","Four separate schedules with detailed tabular data: Schedule 1 (17 royalty categories), Schedule 2 (25 fee types), Schedule 3 (6 rent categories), Schedule 4 (4 parts listing 100+ minerals)","Formula-based calculations with embedded graphic images (described as GIFs) representing mathematical expressions"],"plain_english_summary":"This legislation sets out the detailed rules for mining operations in Tasmania. It covers four main areas:\n\n**1. How to apply for mining rights**\n- Explains how miners must physically mark out land they want to lease (using posts called 'datum posts' with specific dimensions)\n- Sets out what information must be displayed on these posts\n- Requires public notice in local newspapers\n\n**2. How royalties (taxes on minerals) are calculated and paid**\n- Lists specific royalty rates for different minerals (petroleum, coal seam gas, clay, limestone, etc.)\n- Creates a complex formula for calculating royalties on minerals not specifically listed: it combines a percentage of net sales plus a percentage of yearly profit\n- Prevents miners from avoiding taxes by selling minerals cheaply to related companies—if they do this, the royalty is calculated as if they sold at full market price\n- Allows miners to estimate their profits quarterly if full data isn't available, with adjustments at year-end\n- Sets interest rates on late royalty payments (twice the bank bill swap rate)\n- Offers rebates (discounts) of 10-20% for metals processed in Tasmania, to encourage local manufacturing\n\n**3. Record-keeping and auditing**\n- Requires miners to keep detailed records of quantities mined, sold, and revenue received for at least 7 years\n- Requires audited financial statements for certain operations\n- Gives government inspectors power to examine these records\n\n**4. Fees and rent**\n- Sets out fees for various applications (exploration licences, mining leases, transfers, objections) using a 'fee unit' system\n- Sets annual rent rates per hectare or square kilometre for different types of licences\n- Lists which substances count as 'minerals' under the law (from aluminium to zirconium, plus industrial minerals and gemstones)\n\n**Who it affects:** Mining companies, exploration companies, and anyone holding a licence or lease to extract minerals or geothermal energy in Tasmania.\n\n**Why it matters:** This is the practical rulebook that determines how much miners pay the government, how they must document their activities, and what procedures they must follow to maintain their mining rights. The royalty calculations are particularly significant—they determine the state's revenue from its mineral resources."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations primarily implement and detail the Act's operative provisions by prescribing definitions, specific royalty rates and formulas, fees, rents, procedural steps and record/audit obligations. They do not, on their face, expand or narrow the classes of persons or tenements subject to the Act but set the operative financial and compliance terms that those persons must follow (see regulations 3, 5, 8, 17, 19 and Schedules 1–4)."},"complexity_factors":["Mathematical royalty formula with capped maximum and threshold exceptions (regulation 8(3)–(4),(6)–(8))","Profit definition and multiple adjustments (exclusions and inclusions) tied to accounting standards and operational categories (regulation 9(1)–(3))","Related‑party sale revaluation rule requiring market‑price substitution for revenue where applicable (regulation 4(2)–(5))","Discretionary powers allowing Director to accept quarterly profit estimates and reconcile with annual accounts (regulation 10(1)–(4))","Ministerial discretion to determine yearly profit where sales are below market and to vary certain rebates after consultation (regulation 9(2), 14(4))","Extensive cross‑references to external standards and codes (Australian Accounting Standards, JORC Code) creating dependence on non‑statutory instruments (regulations 3, 9, 16)","Multiple schedules setting itemised fixed rates, fee units and rent scales across mineral types and tenure types (Schedules 1–3)","Record‑keeping, retention periods and mandatory audit certificate and financial statements requirements (regulations 15–16)","Different timing rules for payments, instalments and interest on late payments, adding compliance timing complexity (regulations 11–13)"],"plain_english_summary":"These regulations set the detailed mechanics for mineral tenements in Tasmania: how royalties are calculated and paid (including a formula and fixed rates), what fees and rents apply, marking‑out and notice rules, record‑keeping and audit requirements, and certain prescribed mineral lists. Lessees and licensees pay the royalties, fees and rent; the Director administers payments, estimates and audits, and the Minister has limited powers to adjust rebates or profit assessments. The rules change financial incentives on mining operations and impose compliance and reporting costs (regs 3–16, 17–19; Schedules 1–4)."}},"importantCases":[],"_links":{"self":"/api/acts/mineral-resources-regulations-2016","history":"/api/acts/mineral-resources-regulations-2016/history","analysis":"/api/acts/mineral-resources-regulations-2016/analysis","conflicts":"/api/acts/mineral-resources-regulations-2016/conflicts","importantCases":"/api/acts/mineral-resources-regulations-2016/important-cases","documents":"/api/acts/mineral-resources-regulations-2016/documents"}}