76Returns

#### 76 Returns 76 Returns (Former clause 64 of 2010 Reg) > > (1) For the purposes of section 289 of the Act, royalty returns must include— > > > > > (a) in the case of a mineral specified in Schedule 6—the quantity of the mineral recovered by the holder of the mining lease during the period to which the return relates, and > > > > > (b) in the case of any other mineral—the value of the mineral recovered by the holder of the mining lease during the period to which the return relates, and > > > > > (c) in the case of any mineral—any other matters required by the Chief Commissioner to be included. > > > (2) For the purposes of section 289 of the Act, royalty returns must be lodged— > > > > > (a) for minerals other than coal— > > > > > > > (i) for a royalty payable in accordance with the regulations by operation of the Act, section 291(1)(a)—at the time at which the royalty is payable, and > > > > > > > (ii) for a royalty payable in accordance with a deferral approval by operation of the Act, section 291(1)(b)—at the time at which the royalty would be payable in accordance with the Act, section 291(1)(a) if not deferred, and > > > > > (b) in the case of coal—monthly or in any case not later than the 21st day of the following month. > > > (2A) Despite subclause (2), a royalty return must be lodged immediately before an application is lodged for registration of the transfer of the mining lease. > > > (3) The holder of a mining lease must keep records of all minerals recovered under the lease, including— > > > > > (a) records of the quantity of minerals recovered during each return period, and > > > > > (b) records of the quantity of minerals disposed of, whether by sale or otherwise, during each return period, and > > > > > (c) records of the quantity of minerals held (in the form in which they are disposed of) by the holder of the mining lease at the beginning and at the end of each return period, and > > > > > (d) records of the price obtained or consideration received for minerals disposed of during each return period, and > > > > > (e) records of all royalties that became payable during each return period in connection with the disposal of minerals (including any documents relating to the calculation of that royalty), and > > > > > (f) any other records relating to the minerals required by the Secretary to be kept. > > > > Maximum penalty— > > > > > (a) 100 penalty units, in the case of an offence committed by a corporation, or > > > > > (b) 50 penalty units, in the case of an offence committed by an individual. > > > (4) The records referred to in subclause (3) must be retained by the holder of the mining lease for a period of at least 7 years after the end of the financial year in which the extraction to which the records relate occurred. > > **cl 76:** Am 2025 No 37, Sch 4\[2\] \[3\].