1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Offshore Minerals (Mining Licence Fees) Act 1981.
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Commonwealth act
This Act creates an annual fee regime for offshore mining licences: licence holders must pay a yearly fee (payable one month after the year starts) calculated under regulations but capped at $1,000 per block (s4, s4B, s4(3)). Late payments incur interest at one‑third of 1% per day and unpaid amounts are recoverable as debts of the Commonwealth (s5, s6). Licence holders (or multiple holders jointly and severally) are legally responsible for payment; the Governor‑General may make regulations to implement the scheme (s4A, s7).
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Direct links to the current provisions in Offshore Minerals (Mining Licence Fees) Act 1981.
This Act may be cited as the Offshore Minerals (Mining Licence Fees) Act 1981.
This Act shall come into operation on the day on which the Minerals (Submerged Lands) Act 1981 comes into operation.
(1) In this Act:
year, in relation to the term of a mining licence, means:
(a) the period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or
(b) a period of 12 months commencing on (and including) an anniversary of that day; or
(c) a period of less than 12 months that:
(i) commences on (and includes):
(A) the day on which the provisional grant of the licence is properly accepted; or
(B) an anniversary of that day; and
(ii) ends at the end of the term of the licence.
(2) Expressions used in this Act that are used in the Offshore Minerals Act 1994 have, unless the contrary intention appears, the same meanings as they have in that Act.
(1) A mining licence holder must pay a fee to the Designated Authority in respect of each year of the term of the licence. (2) Subject to subsection (3), the amount of the fee is to be calculated in accordance with the regulations. (3) The amount of the fee for a licence for a year is not to exceed the amount obtained by multiplying $1,000 by the number of blocks covered by the licence at the beginning of the year.
(1) The licence holder is liable to pay the fee. (2) If the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.
The fee for a year becomes payable one month after the day on which the year begins.
Where the liability of a mining licence holder to pay a fee referred to in section 4 is not discharged at or before the time when the fee is payable, there is payable to the Designated Authority by the holder an additional amount calculated at the rate of one‑third of 1% per day upon the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.
(1) A fee under section 4, and an amount payable under section 5, are debts due by the licence holder to the Commonwealth and are recoverable in a court of competent jurisdiction. (2) Fees and other amounts referred to in subsection (1) received by the Designated Authority shall be deemed to be received by the Designated Authority on behalf of the Commonwealth.
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Offshore Minerals (Mining Licence Fees) Act 1981.
This Act shall come into operation on the day on which the Minerals (Submerged Lands) Act 1981 comes into operation.
(1) In this Act:
year, in relation to the term of a mining licence, means:
(a) the period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or
(b) a period of 12 months commencing on (and including) an anniversary of that day; or
(c) a period of less than 12 months that:
(i) commences on (and includes):
(A) the day on which the provisional grant of the licence is properly accepted; or
(B) an anniversary of that day; and
(ii) ends at the end of the term of the licence.
(2) Expressions used in this Act that are used in the Offshore Minerals Act 1994 have, unless the contrary intention appears, the same meanings as they have in that Act.
(1) A mining licence holder must pay a fee to the Designated Authority in respect of each year of the term of the licence. (2) Subject to subsection (3), the amount of the fee is to be calculated in accordance with the regulations. (3) The amount of the fee for a licence for a year is not to exceed the amount obtained by multiplying $1,000 by the number of blocks covered by the licence at the beginning of the year.
(1) The licence holder is liable to pay the fee. (2) If the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.
The fee for a year becomes payable one month after the day on which the year begins.
Where the liability of a mining licence holder to pay a fee referred to in section 4 is not discharged at or before the time when the fee is payable, there is payable to the Designated Authority by the holder an additional amount calculated at the rate of one‑third of 1% per day upon the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.
(1) A fee under section 4, and an amount payable under section 5, are debts due by the licence holder to the Commonwealth and are recoverable in a court of competent jurisdiction. (2) Fees and other amounts referred to in subsection (1) received by the Designated Authority shall be deemed to be received by the Designated Authority on behalf of the Commonwealth.
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.