11Timing and manner of measurement for calculation of a gigajoule unit of lignite produced

11 Timing and manner of measurement for calculation of a gigajoule unit of lignite produced

(1) For the purposes of the definition of gigajoule unit of lignite in section 12A(5) of the Act—

(a) the prescribed manner for measuring a gigajoule unit of lignite, in units of tonnes per gigajoule, is by using the following formula—

1/NWSE

NWSE is net wet specific energy measured in units of gigajoules per tonne, and calculated on the basis of historic drillhole data representative of the lignite for which the royalty is being paid, with gross energy value converted to net energy value using International Organization for Standardization standard ISO 1928:2009(E); and

(b) the prescribed time at which the measurement is made is a time that is suitable for performing the measurement in the prescribed manner.

(2) For the purposes of section 12A(2) of the Act, the number of gigajoule units of lignite produced is calculated using the following formula—

NWSE × ρV

**NWSE** is measured in accordance with subregulation (1);

**ρ** is the average annual in situ density value of the lignite for which the royalty is being paid, in tonnes/m3, and calculated in accordance with the following formula to 3 decimal places—

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**D** is the weighted average true density of composite lignite samples taken each month during the period for which the royalty is being paid, with analysis performed using a method involving helium displacement that accords with industry standard, calculated to three decimal places;

**M** is the average in situ moisture of the lignite which is representative of the lignite for which the royalty is being paid, based on historic drillhole data, expressed as a percentage, and calculated to one decimal place;

**V** is the volume of the lignite in m3 based on volumetric survey measurements taken for the lignite for which the royalty is being paid.

Part 3—Licences

Division 1—Licence applications

12 Meaning of *competent person*

(1) For the purposes of section 15(1BG) of the Act, a person is a competent person to prepare a mineralisation report under section 15(1BE) of the Act if—

(a) the person has—

(i) membership of an organisation approved by the Department Head that is of a class approved by the Department Head; and

(ii) a minimum of 5 years' experience which is relevant to the style of mineralisation or type of deposit and to the activity that is the subject of the report; or