12Royalty return

12 Royalty return (1) Subject to subsection (7), a royalty payer shall, within 3 months after the expiration of a royalty year or such longer period as the Secretary, in writing, allows, deliver to the Secretary a detailed statement, relating to the whole production unit, containing or indicating: (a) the name and description of the production unit; and

Part II Imposition and assessment, &c., of royalty Mineral Royalty Act 1982 30 (b) the name and address of each royalty payer in respect of the production unit; and (c) the quantity of a mineral commodity sold or removed without sale from the production unit during the royalty year; and (d) the name and address of the smelter, refinery or mill to which a mineral commodity recovered was sent; and (e) the name and address of, and relationship between, any person with an interest in the production unit and the operator of the smelter, refinery or mill; and (f) the value and the basis of valuation of a mineral commodity sold or removed without sale from the production unit; and (g) details of all sales or shipments of a mineral commodity from the production unit; and (h) details of all contracts and sale or exchange agreements relating to a mineral commodity obtained from the production unit; and such other information as the Secretary requires. (2) A statement referred to in subsection (1) shall, in addition to the matters required under that subsection to be contained or indicated, contain: (a) details of all expenditure claimed as eligible deductions in calculating net value under section 10(2); and (b) by way of summary, a calculation of net value; and (ba) a calculation of gross production revenue; and (c) an estimate of the royalty payable. (3) The statement required under subsection (1) to be delivered shall be in an approved form and, subject to subsection (7), shall be signed by the holders of each mining tenement that forms part of the production unit or a person having knowledge of the affairs of the production unit on behalf of those mining tenement holders.

Part II Imposition and assessment, &c., of royalty Mineral Royalty Act 1982 31 (4) The statement required by subsection (1) to be delivered shall be audited by an approved auditor whose written report shall accompany the statement, being a report indicating whether, in the opinion of the auditor, the statement: (a) is based on proper accounts and documents properly kept and is in agreement with those accounts and documents; and (b) complies with the relevant provisions of this Act. (5) Where eligible exploration expenditure within the meaning of paragraph (a) of the definition of eligible exploration expenditure is taken into account by a royalty payer in estimating the royalty payable by him or her, the statement required under subsection (1) to be delivered shall be accompanied by a certificate issued under section 7 or 8 or, where no such certificate has been issued in respect of that expenditure, details of the application under section 7 for the issue of the certificate. (6) Where a statement required under subsection (1) to be delivered is accompanied by details of an application under section 7 for the issue of a certificate in respect of eligible exploration expenditure taken into account by the royalty payer in estimating the royalty payable by him or her, and a certificate is subsequently issued under that section in respect of that expenditure, the royalty payer shall, within 30 days after receiving the certificate, deliver it to the Secretary to be dealt with under section 8(1) as if it were a certificate delivered with the statement. Maximum penalty: 17 penalty units. (7) The Secretary may, with the consent in writing of all the royalty payers for a production unit, permit a royalty payer to deliver a statement under this section in respect of his or her operations in relation to the production unit separate from those of other royalty payers, and the Secretary may deal with that statement, and the statement or statements in relation to the remainder of the production unit, accordingly. (8) Nothing in subsection (7) shall be construed as relieving a royalty payer from his or her liability for the payment of royalty in respect of the whole production unit.