NSWIn ForceRegulation
Mining Regulation 2016
80Calculation of annual rental fees
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#### 80 Calculation of annual rental fees
80 Calculation of annual rental fees
(Former clause 65C of 2010 Reg)
> > (1) An annual rental fee specified in Schedule 9 as per hectare, per square kilometre, per square metre or per unit is to be calculated on the basis of the annual rental fee area.
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> > (2) The annual rental fee area is the number of hectares, square kilometres, square metres or units of land comprised in the annual rental fee area for the authorisation for which the annual rental fee is payable, as specified in the record kept by the Secretary under the Act.
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> > (3) (Repealed)
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> > (4) If the annual rental fee area includes a part of a hectare, square kilometre, square metre or unit, that part is to be included in the calculation.
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> > (4A) However, if the annual rental fee area includes a part of a unit outside New South Wales, the part outside New South Wales must be disregarded.
> >
> > Note—
> >
> > See also the Act, sections 4A and 172A.
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> > (5) If there is no annual rental fee area for an authorisation for which an annual rental fee is payable, the annual rental fee is to be calculated as if the authority area, as specified in the record of the authority kept by the Secretary under the Act, were the annual rental fee area.
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> > (6) To avoid doubt, subclause (5) continues to apply until an annual rental fee area is determined for the authorisation under this Division and specified in the record kept by the Secretary under the Act.
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> **cl 80:** Am 2022 (802), Sch 1\[42\]–\[44\].