284Liability to pay royalty—privately owned minerals

#### 284 Liability to pay royalty—privately owned minerals 284 Liability to pay royalty—privately owned minerals > > (1) The holder of a mining lease is liable to pay royalty to the Crown on privately owned minerals recovered from the mining area as if those minerals were publicly owned. > > > (1A) The holder of a mining sublease is liable to pay royalty to the Crown on privately owned minerals recovered from the sublease area as if those minerals were publicly owned. > > > (1B) Despite subsection (1), the holder of a mining lease remains liable to pay royalty on privately owned minerals recovered from a sublease area only to the extent that the royalty has not been paid by the sublessee. > > > (1C) To avoid doubt, the liability to pay royalty under this section attaches to the person who is the holder of the mining lease or sublease at the time the minerals are recovered under the lease or sublease. > > > (2) If royalty (including any interest and penalty tax on royalty) is paid to or recovered by the Chief Commissioner in respect of a privately owned mineral, the Chief Commissioner is to pay to the Minister seven-eighths of the amount so paid or recovered. > > > (2A) The Minister is to pay that amount to the owner of the mineral. > > > (3) This section does not apply to a mining (mineral owner) lease. > > **s 284:** Am 2008 No 19, Sch 1 \[242\] \[243\]; 2014 No 37, Sch 4.1 \[1\] \[5\]; 2025 No 37, Sch 3\[5\].