{"id":"offshore-minerals-registration-fees-act-2003","name":"Offshore Minerals (Registration Fees) Act 2003","slug":"offshore-minerals-registration-fees-act-2003","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105906,"registerId":"wa-offshore-minerals-registration-fees-act-2003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Offshore Minerals (Registration Fees) Act 2003","content":"![Crest]()Western Australia\n\nOffshore Minerals (Registration Fees) Act 2003\n\nWestern Australia\n\nOffshore Minerals (Registration Fees) Act 2003\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Definitions 1\n\n4. Imposition of registration fees 1\n\n5. Value of exploration works to be deducted 2\n\n6. Document giving effect to agreement 2\n\n7. Transactions between related corporations 3\n\n8. Regulations 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nOffshore Minerals (Registration Fees) Act 2003\n\nAn Act to provide for the payment of fees for the lodgment for registration of certain documents under *the Offshore Minerals Act 2003*.\n\n##### 1. Short title\n\nThis Act may be cited as the *Offshore Minerals (Registration Fees) Act 2003.*\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which the *Offshore Minerals Act 2003* comes into operation.\n\n##### 3. Definitions\n\n(1) In this Act, unless the contrary intention appears —\n\n  document means a document lodged for registration under section 338 or 339 of the *Offshore Minerals Act 2003*.\n\n(2) Expressions used in this Act that are used in the *Offshore Minerals Act 2003* have, unless the contrary intention appears, the same meanings as they have in that Act.\n\n##### 4. Imposition of registration fees\n\n(1) There is payable to the Minister, for the lodgment for registration of a document under section 338 or 339 of the *Offshore Minerals Act 2003*, a fee equal to the prescribed percentage of —\n\n(a) the value of the consideration for the document; or\n\n(b) the value of the licence, share or interest transferred or otherwise dealt with by the document,\n\nwhichever is the greater.\n\n(2) The percentage prescribed for the purposes of subsection (1) is not to exceed 10%.\n\n(3) Where the amount of the fee under subsection (1) for the lodgment of a document is less than the prescribed minimum amount, the amount of the fee for the lodgment of that document is that minimum amount.\n\n(4) The amount prescribed for the purposes of subsection (3) is not to exceed $2 000.\n\n##### 5. Value of exploration works to be deducted\n\n(1) For the purpose of calculating the fee payable under section 4 for the lodgment of a document that relates to an exploration licence, the value, as determined by the Minister, of any exploration works is to be deducted from the value referred to in section 4 that applies to the document.\n\n(2) In subsection (1) —\n\n  exploration works means exploration works that are approved by the Minister and are to be carried out under the exploration licence.\n\n##### 6. Document giving effect to agreement\n\n(1) Where —\n\n(a) a document was executed for the purpose of giving effect to an agreement; and\n\n(b) a party to the transfer or other dealing effected by the document holds a certificate under subsection (2) in respect of the agreement to which the document relates,\n\nno fee is payable under section 4 for the lodgment for registration of the document, but there is payable instead a fee of an amount prescribed for the purposes of this subsection.\n\n(2) The Minister may, on application in writing, grant a certificate that the Minister is satisfied that an agreement was not, or is not proposed to be, entered into for the purpose of avoiding or reducing the fees that would, but for the certificate, be payable under section 4 for the lodgment of a document that is proposed to be lodged for registration.\n\n(3) The amount prescribed for the purposes of subsection (1) is not to exceed $20 000.\n\n##### 7. Transactions between related corporations\n\n(1) Where —\n\n(a) 2 or more parties to a transfer or dealing to which a document relates are related corporations; and\n\n(b) any of those parties holds a certificate under subsection (2) in respect of the document,\n\nno fee is payable under section 4 for the lodgment for registration of the document, but there is payable instead a fee of an amount prescribed for the purposes of this subsection.\n\n(2) The Minister may, on application in writing, grant a certificate that the Minister is satisfied that a document —\n\n(a) was, or is proposed to be, entered into solely for the purpose of the reorganisation or better administration of related corporations or any of them; and\n\n(b) was not entered into, or is not proposed to be entered into, substantially for the purpose of avoiding or reducing the fees that would, but for the certificate, be payable under section 4 for the lodgment for registration of the document.\n\n(3) The amount prescribed for the purposes of subsection (1) is not to exceed $20 000.\n\n(4) In this section —\n\n  related corporation means a related body corporate within the meaning of the *Corporations Act 2001* of the Commonwealth.\n\n##### 8. Regulations\n\nThe Governor 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 giving effect to this Act.\n\nNotes\n\n1 This is a compilation of the *Offshore Minerals (Registration Fees) Act 2003*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Offshore Minerals (Registration Fees) Act 2003* | 11 of 2003 | 17 Apr 2003 | 1 Jan 2011 (see s. 2 and *Gazette* 17 Dec 2010 p. 6350) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ndocument 3(1)\n\nexploration works 5(2)\n\nrelated corporation 7(4)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on setting how registration fees are charged for documents lodged under the Offshore Minerals Act 2003. It implements a percentage‑based fee with specified caps, an exploration‑works deduction, and certificate pathways for agreements and related‑corporation reorganisations. There is no substantive expansion beyond that original, narrowly defined purpose in this text."},"complexity_factors":["Short Act: 8 sections (including commencement, definitions, and regulations)","3 defined terms in the Act (document, exploration works, related corporation)","Key cross-references to the Offshore Minerals Act 2003 (sections 338 and 339) for triggering lodgement","Cross-reference to the Corporations Act 2001 definition of related body corporate (s.7(4))","Ministerial discretions: valuation of exploration works (s.5) and issuance of certificates (s.6(2), s.7(2))","Conditional alternatives and caps (percentage up to 10%; minimum fee cap $2,000; prescribed fixed fee caps $20,000) introducing multiple calculation paths (s.4–7)","Potentially nested decision paths (calculate percentage fee, compare to minimum, or obtain certificate to replace fee)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Imposes fees when certain documents are lodged for registration under the Offshore Minerals Act 2003 (specifically documents lodged under sections 338 or 339 of that Act) (see s.3 and s.4).\n- The fee is a prescribed percentage of either the consideration paid under the document or the value of the licence/share/interest transferred — whichever is greater (s.4(1)).\n- The percentage cannot exceed 10% (s.4(2)). A prescribed minimum fee can be set, but that minimum cannot exceed $2,000 (s.4(3)–(4)).\n- For documents relating to exploration licences, the Minister may deduct the Minister‑determined value of approved exploration works from the value used to calculate the fee (s.5).\n- In two situations a certificate from the Minister can substitute the percentage fee with a fixed prescribed fee (each capped at $20,000):\n  - where the document gives effect to an agreement and the Minister issues a certificate that the agreement was not entered into to avoid fees (s.6);\n  - where the parties to the transaction are related corporations and the Minister issues a certificate that the dealing is a genuine reorganisation or administrative restructuring rather than a fee‑avoidance device (s.7).  The Corporations Act definition of “related body corporate” applies to that term (s.7(4)).\n- The Governor may make regulations to implement the Act (s.8).\n\nWho pays and who decides\n\n- Who pays: the person or entity lodging the document for registration (the party effecting the transfer or dealing) pays the fee set under s.4 unless a certificate applies (s.6, s.7).\n- Who decides: the Governor prescribes the percentage, minimum and fixed amounts (subject to statutory caps). The Minister exercises important discretions: determining the value of deductible exploration works (s.5) and deciding whether to issue certificates that replace the percentage fee with a prescribed fixed fee (s.6(2), s.7(2)).\n\nWhy it matters (stated purpose and practical effects)\n\n- The Act’s stated purpose (by structure) is to raise a fee on registration of certain offshore mineral title transfers or dealings. That is implemented by a percentage charge with capped maxima and optional fixed fees in specified circumstances.\n\n- Costs and incentives: the fee increases the transaction cost of transfers or dealings in offshore mineral licences or interests (s.4). The certificate routes create an incentive to obtain Ministerial approval to convert a percentage fee into a single fixed fee (s.6–7). Deducting approved exploration works reduces the fee base for exploration licence transactions (s.5), which creates a partial offset to the fee for parties that have carried approved work programs.\n\n- Trade‑offs and opportunity costs: charging up to 10% on the greater of consideration or value of the interest can be a material cost for transfers; the alternative fixed fees (up to $20,000) limit exposure in some restructures but require ministerial certification. Parties will weigh the cost of applying for certificates and the probability of success against paying the percentage fee.\n\n- Implementation risk and discretion: the Minister has discretion to value exploration works and to decide whether to issue certificates. That gives administrative flexibility but creates uncertainty for parties about final costs until determinations or certificates are issued (s.5, s.6(2), s.7(2)).\n\n- Compliance burden and behaviour change: the regime imposes administrative and evidentiary burdens — valuing consideration or interests, proving approved exploration works, or applying for certificates. These burdens can affect how parties structure transactions (for example, preferring internal reorganisations among related corporations and applying for certificates) and may produce substitution effects (structuring transactions to qualify for a prescribed fixed fee or to reduce the fee base).\n\n- Effects on private enterprise and markets: the Act increases the effective cost of transferring offshore mineral interests, which may affect deal timing, pricing, and the structure of corporate reorganisations. The fixed‑fee certificate pathway concentrates the benefit on parties that successfully obtain ministerial certification; the cost (fees collected) is borne by transaction parties generally.\n\nConcrete references (key sections):\n- Fee rule and caps: s.4(1)–(4).\n- Exploration works deduction: s.5 (and definition in s.5(2)).\n- Certificates for agreements: s.6 (including cap on prescribed amount s.6(3)).\n- Certificates for related‑corporation reorganisations: s.7 (including definition cross‑ref to Corporations Act in s.7(4) and cap s.7(3)).\n- Regulations power: s.8.\n\nAnalyst’s short assessment: this is a narrowly targeted charging provision that creates an administratively supervised alternative fee pathway (Ministerial certificates) and a specific deduction for approved exploration works. The practical effects are higher transaction costs for transfers of offshore mineral interests, administrative uncertainty where Ministerial discretion applies, and incentives to structure transactions to fall within the certificate pathways or to reduce the fee base (see s.4–7)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and enacted provisions is possible from the information supplied."},"complexity_factors":["Legislation text is entirely unavailable — only the title and a broken-link notice were provided","Fee-setting legislation is typically straightforward in structure (schedules of amounts and applicable triggers)","Offshore minerals regulation can involve jurisdictional complexity between state and Commonwealth law, but this cannot be assessed without the text","Complexity score is tentative and based solely on the Act's title and typical characteristics of registration fee legislation"],"plain_english_summary":"This Act sets out fees for registering interests and licences connected with offshore minerals—charges paid to government when lodging or maintaining official records for seabed mineral exploration or extraction. It primarily affects companies and individuals holding or applying for offshore mineral rights and the agencies that administer those registrations.\n\nBecause the text is unavailable, consult WA legislation sources for the current details."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing registration fees for documents lodged under the Offshore Minerals Act 2003. The scope has not expanded beyond this specific revenue-raising function for offshore mineral document registration."},"complexity_factors":["Short statute (8 sections, approximately 2 pages)","Only 3 defined terms in the interpretation section (document, exploration works, related corporation)","Simple conditional structure with clear thresholds (10% cap, $2,000 minimum, $20,000 flat fee caps)","Limited cross-referencing — only refers to the parent Offshore Minerals Act 2003 for document definitions and the Commonwealth Corporations Act 2001 for 'related corporation'","Two exemption mechanisms (sections 6 and 7) follow parallel structure, making them easy to compare","No nested exceptions or complex temporal provisions"],"plain_english_summary":"**What this law does:**\n\nThis Western Australian law sets up a fee system for registering documents related to offshore mineral exploration and mining. When companies lodge (submit) certain legal documents for registration under the main *Offshore Minerals Act 2003*, they must pay a fee to the Minister.\n\n**Who it affects:**\n\n- **Mining companies** operating in Western Australian offshore waters who need to register transfers of licences, shares, or interests in exploration or mining rights\n- **The Minister** (who assesses applications and determines certain values)\n- **Related corporations** (companies under the same corporate group) undertaking internal reorganisations\n\n**How the fees work:**\n\n- The fee is a percentage (up to 10%) of either:\n  - The value of the deal/consideration, **or**\n  - The value of the licence/share/interest being transferred\n  - Whichever is higher\n- There's a minimum fee (capped at $2,000) — so small deals don't get off too lightly\n- **Deductions available:** If the document relates to an exploration licence, companies can deduct the value of approved exploration work from the calculation\n\n**Two special exemptions (with conditions):**\n\n1. **Agreement documents:** If a document gives effect to an agreement and the Minister issues a certificate confirming the agreement wasn't designed just to dodge fees, a flat fee applies instead (capped at $20,000)\n\n2. **Related company transfers:** If related corporations (companies in the same corporate group) transfer assets for genuine reorganisation purposes — and the Minister certifies this wasn't mainly to avoid fees — a flat fee applies instead (also capped at $20,000)\n\n**Why it matters:**\n\nThis ensures the State gets revenue from commercial dealings in valuable offshore mineral rights, while providing sensible carve-outs for genuine exploration investment and internal corporate restructures that don't represent real \"sales\" to third parties."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-registration-fees-act-2003","history":"/api/acts/offshore-minerals-registration-fees-act-2003/history","analysis":"/api/acts/offshore-minerals-registration-fees-act-2003/analysis","conflicts":"/api/acts/offshore-minerals-registration-fees-act-2003/conflicts","importantCases":"/api/acts/offshore-minerals-registration-fees-act-2003/important-cases","documents":"/api/acts/offshore-minerals-registration-fees-act-2003/documents"}}