9Fee would otherwise be more than 25% of consideration

9 Fee would otherwise be more than 25% of consideration

Acquisition of interests in exploration tenements, mining or production tenements or mining, production or exploration entities (1) A fee of $2,000 is payable in relation to an action if: (a) the action is an acquisition of one of the following: (i) a legal or equitable interest in a tenement; (ii) an interest in a mining, production or exploration entity; and (b) the amount of the fee that would otherwise be payable is specified in one of the following provisions: (i) item 5 of the table in subsection 7(1) of the Act; (ii) item 3 of the table in subsection 8(1) of the Act; (iii) paragraph (b) or (c) of item 2 of the table in section 7 of this instrument; and (c) the amount of the fee that would otherwise be payable under that provision is more than 25% of the consideration for the acquisition.

Note 1: This fee may be indexed under section 12 of the Act.

Note 2: A higher fee may apply if the action may be characterised in more than one way (see subsection 9(2) of the Act).

Acquisition of interests in residential land (2) A fee of $1,000 is payable in relation to an action if: (a) the action is the acquisition of an interest in residential land; and (b) the amount of the fee that would otherwise be payable is specified in one of the following provisions: (i) item 3 of the table in subsection 7(1) of the Act; (ii) item 3 of the table in subsection 8(1) of the Act; and (c) the amount of the fee that would otherwise be payable under that provision is more than 25% of the consideration for the acquisition.

Note: This fee may be indexed under section 12 of the Act.

(3) This section does not apply in relation to an action to which either of the following provisions apply: (a) section 10 of the Act (fees for internal reorganisations); (b) section 12 of this instrument (internal reorganisations by foreign government investors involving tenements).