{"id":"C2004A02461","name":"Offshore Minerals (Mining Licence Fees) Act 1981","slug":"offshore-minerals-mining-licence-fees-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"84 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6891,"registerId":"commonwealth-C2004A02461-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Offshore Minerals (Mining Licence Fees) Act 1981.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which the Minerals (Submerged Lands) Act 1981 comes into operation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"##### 3 Interpretation\n\n  (1) In this Act:\n\n> year, in relation to the term of a mining licence, means:\n\n(a) the period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or\n\n(b) a period of 12 months commencing on (and including) an anniversary of that day; or\n\n(c) a period of less than 12 months that:\n\n(i) commences on (and includes):\n\n(A) the day on which the provisional grant of the licence is properly accepted; or\n\n(B) an anniversary of that day; and\n\n(ii) ends at the end of the term of the licence.\n\n  (2) Expressions used in this Act that are used in the Offshore Minerals Act 1994 have, unless the contrary intention appears, the same meanings as they have in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Licence fees","content":"##### 4 Licence fees\n\n  (1) A mining licence holder must pay a fee to the Designated Authority in respect of each year of the term of the licence.\n  (2) Subject to subsection (3), the amount of the fee is to be calculated in accordance with the regulations.\n  (3) The amount of the fee for a licence for a year is not to exceed the amount obtained by multiplying $1,000 by the number of blocks covered by the licence at the beginning of the year.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Holder liable to pay fee","content":"##### 4A Holder liable to pay fee\n\n  (1) The licence holder is liable to pay the fee.\n  (2) If the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Time for payment","content":"##### 4B Time for payment\n\n  The fee for a year becomes payable one month after the day on which the year begins.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Penalty for late payment","content":"##### 5 Penalty for late payment\n\n  Where the liability of a mining licence holder to pay a fee referred to in section 4 is not discharged at or before the time when the fee is payable, there is payable to the Designated Authority by the holder an additional amount calculated at the rate of one‑third of 1% per day upon the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Fees and penalties debts due to Commonwealth","content":"##### 6 Fees and penalties debts due to Commonwealth\n\n  (1) A fee under section 4, and an amount payable under section 5, are debts due by the licence holder to the Commonwealth and are recoverable in a court of competent jurisdiction.\n  (2) Fees and other amounts referred to in subsection (1) received by the Designated Authority shall be deemed to be received by the Designated Authority on behalf of the Commonwealth.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"##### 7 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n(a) required or permitted by this Act to be prescribed; or\n\n(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act was originally tied to the Minerals (Submerged Lands) Act 1981, but subsequent amendments updated the reference framework to the Offshore Minerals Act 1994, reflecting a broader legislative restructure of Australia's offshore minerals regime. The core fee-charging purpose remained the same, but the governing framework it sits within was substantially updated."},"complexity_factors":["Cross-references to two other Acts (Offshore Minerals Act 1994 and the now-superseded Minerals (Submerged Lands) Act 1981) for definitions and context","Fee calculation is partially delegated to regulations not visible in this Act, creating an incomplete picture of actual costs","Joint and several liability provisions require understanding of that legal concept to fully appreciate risk exposure","The definition of 'year' in section 3 has multiple sub-limbs to handle different scenarios (start of licence, anniversaries, and short final periods)","The daily compounding penalty rate requires arithmetic to appreciate its real-world financial impact"],"plain_english_summary":"This law sets the annual fee regime for holders of offshore mining licences in Australian waters: licence-holders must pay a yearly fee (set by regulation) capped at $1,000 per seabed “block” covered, due one month after the licence year starts. Late payments incur a 0.33% per day penalty and are recoverable as debts to the Commonwealth; where licences are held jointly, each holder is individually liable for the full amount."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act, as drafted, confines its scope to imposing and enforcing annual fees for offshore mining licences, setting a per‑block cap, payment timing, late‑payment charge, liability rules, recovery as a Commonwealth debt, and a regulation‑making power (ss3–7). Nothing in the text expands or narrows that core fee‑setting function beyond delegating calculation details to regulations (s4(2)); no provision in the supplied text indicates a change from that original statutory scope."},"complexity_factors":["Simple structure: establishes fee obligation, cap, timing, penalty, recovery (ss4–6)","Cross-reference to regulations for fee calculation leaves substantive detail to delegated instruments (s4(2))","Defined timing unit “year” includes partial-year rules that slightly complicate pro rata treatment (s3(1))","Joint and several liability where licences have multiple holders (s4A)","Penalty is a continuous daily rate requiring per‑day computation (s5)","Recovery as a Commonwealth debt subject to ordinary court processes (s6)","Regulation‑making power vests implementation detail in executive instruments (s7)"],"plain_english_summary":"This Act creates an annual fee regime for offshore mining licences: licence holders must pay a yearly fee (payable one month after the year starts) calculated under regulations but capped at $1,000 per block (s4, s4B, s4(3)). Late payments incur interest at one‑third of 1% per day and unpaid amounts are recoverable as debts of the Commonwealth (s5, s6). Licence holders (or multiple holders jointly and severally) are legally responsible for payment; the Governor‑General may make regulations to implement the scheme (s4A, s7)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a fee regime for offshore mining licences. It has not expanded beyond collecting licence fees, setting payment terms, and enforcing payment. The 1994 reference update (from the repealed Minerals (Submerged Lands) Act) was a technical consolidation rather than a scope expansion."},"complexity_factors":["Only 7 operative sections (excluding title and commencement)","Minimal defined terms – only 'year' is explicitly defined in the interpretation section","Single cross-reference to the Offshore Minerals Act 1994 for definitions","Simple conditional logic: only one substantive exception (the fee cap in s 4(3))","No nested exceptions or complex procedural requirements","Straightforward mathematical calculation for the fee cap and penalty rate","Regulation-making power is standard and unconstrained"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a system for charging fees to companies or individuals who hold mining licences for minerals in Australia's offshore waters (outside the coastal baseline but within Australia's jurisdiction).\n\n**Who it affects:**\n\n- **Mining licence holders** – companies or individuals with permission to explore for or extract minerals in offshore areas\n- **The Designated Authority** – the government body responsible for administering offshore mining (typically the National Offshore Petroleum Safety and Environmental Management Authority, or NOPSEMA, or relevant state/territory bodies)\n- **The Commonwealth** – ultimately, fees collected belong to the Australian government\n\n**Key rules:**\n\n- **Annual fees:** Licence holders must pay a fee every year of their licence term. A \"year\" is defined as 12 months from when the licence was accepted, or any anniversary of that date, or a shorter final period if the licence ends mid-year.\n- **How much:** The exact amount is set by regulations (rules made by the Governor-General), but there's a **cap**: the fee cannot exceed $1,000 multiplied by the number of \"blocks\" (defined areas) covered by the licence at the start of that year.\n- **Who pays:** The licence holder is liable. If there are multiple holders, they are **jointly and severally liable** – meaning the government can chase any one of them for the full amount, or all of them together.\n- **When to pay:** One month after the year begins.\n- **Late payment penalty:** If you don't pay on time, you owe an extra **0.33% per day** (roughly 10% per month) on the outstanding amount, calculated daily until paid.\n- **Enforcement:** Unpaid fees and penalties are treated as **debts** owed to the Commonwealth and can be recovered through the courts.\n\n**Why it matters:**\n\nThis law ensures the government receives revenue from companies exploiting Australia's offshore mineral resources, while providing a clear framework for calculating, collecting, and enforcing these payments. The daily penalty rate is quite steep, designed to discourage late payment."}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-mining-licence-fees-act-1981","history":"/api/acts/offshore-minerals-mining-licence-fees-act-1981/history","analysis":"/api/acts/offshore-minerals-mining-licence-fees-act-1981/analysis","conflicts":"/api/acts/offshore-minerals-mining-licence-fees-act-1981/conflicts","importantCases":"/api/acts/offshore-minerals-mining-licence-fees-act-1981/important-cases","documents":"/api/acts/offshore-minerals-mining-licence-fees-act-1981/documents"}}