Mineral Resources Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 133 Mineral Resources Act 1989 MINERAL RESOURCES AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of sch 1 (Rate of Royalties) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

s1 2 s4 Mineral Resources Amendment (No. 2) No. 133, 1997 ˙ Short title 1. This regulation may be cited as the Mineral Resources Amendment Regulation (No. 2) 1997 . ˙ Commencement 2. This regulation commences on 1 June 1997. ˙ Regulation amended 3. This regulation amends the Mineral Resources Regulation 1990 . ˙ Amendment of sch 1 (Rate of royalties) 4. Schedule 1— insert — ‘ Coal—certain mines ‘ 13A.(1) This section applies to the following mines— (a) the Goonyella mine on mining leases 1763 and 70038; (b) the Norwich Park mine on mining leases 1782 and 70127; (c) the Peak Downs mine on mining leases 1775, 1783 and 1885; (d) the Saraji mine on mining leases 1775, 1782, 1784, 2360 and 2410; (e) the Riverside mine on mining leases 1764, 1802, 1900 and 70121. ‘ (2) The royalty payable on each tonne of export coal hauled, in relation to coal mined from a mine, is— (a) for the mine’s base tonnage— (i) 5% of the coal’s value; and

s4 3 s4 Mineral Resources Amendment (No. 2) No. 133, 1997 (ii) the amount (rounded to a second decimal place), for each tonne of coal, calculated using the following formula— base special royalty x CPI NOW CPI BASE ; and (b) for each tonne of coal over the mine’s base tonnage—7% of the coal’s value. ‘ (3) However, the royalty payable on export coal mined from the Goonyella mine by the lessee of the Riverside mine, and hauled from the Riverside mine, is 7% of the coal’s value. ‘ (4) The number of tonnes of export coal hauled is to be determined by reference to the hauler’s final invoice. ‘ (5) If the Minister directs royalty returns be lodged at intervals of less than 1 year, 1 the Minister (for the purpose of calculating the royalty payable for the interval) may— (a) determine how many of the tonnes of coal hauled in the interval are to be treated as part of the base tonnage; or (b) use a CPI NOW figure that the Minister estimates will be the CPI NOW figure for the year or other period to which the calculation would, but for the direction, relate. ‘ (6) If the Minister exercises a power under subsection (5)(a) or (b), the Minister must— (a) recalculate the royalty using the actual CPI NOW figure and the actual coal hauled figures, once they are known; and (b) reconcile any over-payment or under-payment of royalty revealed by the recalculation. ‘ (7) In this section— “base special royalty” means— (a) for the Goonyella mine—$5.38; or (b) for the Norwich Park mine—$8.14; or (c) for the Peak Downs mine—$6.78; or 1 This direction is given under section 50(2) of the regulation.

s4 4 s4 Mineral Resources Amendment (No. 2) No. 133, 1997 (d) for the Saraji mine—$9.13; or (e) for the Riverside mine—$9.08. “base tonnage” means— (a) for the Goonyella mine— (i) in the year 2000—the first 2 203 732 tonnes of coal (other than coal hauled from the Riverside mine) hauled in a year; or (ii) in any other year—the first 6 611 196 tonnes of coal (other than coal hauled from the Riverside mine) hauled in a year; or (b) for the Norwich Park mine— (i) in the year 2000—the first 1 723 660 tonnes of coal hauled in a year; or (ii) in any other year—the first 5 170 980 tonnes of coal hauled in a year; or (c) for the Peak Downs mine— (i) in the year 2000—the first 2 050 979 tonnes of coal hauled in a year; or (ii) in any other year—the first 6 152 937 tonnes of coal hauled in a year; or (d) for the Saraji mine— (i) in the year 2000—the first 1 672 722 tonnes of coal hauled in a year; or (ii) in any other year—the first 5 018 167 tonnes of coal hauled in a year; or (e) for the Riverside mine— (i) in the year 1998—the first 1 378 082 tonnes of coal (other than coal mined from the Goonyella mine) hauled in a year; or (ii) in any other year—the first 4 134 246 tonnes of coal (other than coal mined from the Goonyella mine) hauled in a year.

s4 5 s4 Mineral Resources Amendment (No. 2) No. 133, 1997 “CPI BASE ” means the ‘Consumer Price Index: All Groups Index Numbers—Weighted average of eight capital cities’ published by the Australian Bureau of Statistics, for the March quarter 1997. “CPI NOW ” means the ‘Consumer Price Index: All Groups Index Numbers—Weighted average of eight capital cities’ published by the Australian Bureau of Statistics, for the calendar quarter immediately before the calendar quarter to which the calculation relates. “export coal” see section 13. “year” means a year commencing on 1 June. ‘ (8) The following provisions of this section expire on 30 September 1998— (a) subsections (1)(e), (3) and (6); (b) paragraph (e) of the definitions “base special royalty” and “base tonnage” in subsection (5). ‘ (9) This section expires on 30 September 2000.’. ENDNOTES 1. Made by the Governor in Council on 29 May 1997. 2. Notified in the gazette on 30 May 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Mines and Energy. © State of Queensland 1997