Mining Amendment Regulations (No. 6) 2001 (WA)

14 December 2001 GOVERNMENT GAZETTE, WA 6403

MINERALS AND PETROLEUM

M P301*

Mining Act 1978

Mining Amendment Regulations (No. 6) 2001

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations may be cited as the Mining Amendment
Regulations (No. 6) 2001.

2.            Commencement

These regulations come into operation on 1 January 2002.

3.           The regulations amended

The amendments in these regulations are to the Mining
Regulations 1981*.

[* Reprinted as at 21 July 2000.

For amendments to 4 December 2001 see 2000 Index to
Legislation of Western Australia, Table 4, p. 230, and Gazette
2 February, 27 April, 3 August, 17 August and
28 September 2001.]

4.            Regulation 85 amended

Regulation 85(1) is amended as follows:

the price, in Australian currency, paid or to

(a)	by deleting the definition of "realised value";
(b)	after the definition of "related corporation" by deleting the full stop and inserting a semicolon;
(c)	by inserting, in the appropriate alphabetical positions, the following definitions —

44

"allowable deductions", in relation to a mineral,

means —

(a)	the amount, in Australian currency, of any costs in transporting the mineral, in the form in which it is first sold, incurred after the shipment date by the person liable to pay the royalty for the mineral; and
(b)	if the mineral is not exported from Australia,

6404 GOVERNMENT GAZETTE, WA 1 1 December 2001

be paid by the person liable to pay the
royalty for the mineral, for packaging
materials used in transporting the mineral, in

the form in which it is first sold;

"gross invoice value", in relation to a mineral, means

the amount, in Australian currency, obtained by
multiplying the quantity of the mineral, in the form
in which it is first sold, for which payment is to be
made (as set out in invoices relating to the sale) by
the price for the mineral in that form (as set out in

those invoices);

"purchaser", in relation to a mineral, means the

person to whom the mineral is first sold;

"royalty value", in relation to a mineral other than

gold, means the gross invoice value of the mineral

less any allowable deductions for the mineral;

"shipment date", in relation to a mineral, means -

(a)	if the mineral is exported from Australia, the day on which the aircraft or ship transporting the mineral first leaves port in this State; or
(b)	if the mineral is not exported from Australia, the day on which the mineral is first loaded on a vehicle for transport to the purchaser;

"sold" includes transferred, shipped or otherwise disposed of, and "sale" has a corresponding meaning.

5.            Regulation 85AA amended

Regulation 85AA( l) is amended by deleting "realised" and inserting instead -

46 royalty

6.            Regulation 85AB inserted

After regulation 85AA the following regulation is inserted -

44  

85AB. Conversion to Australian turrenc

(1) In this regulation -
"RBA rate" means the daily representative rate used

by the Reserve Bank of Australia.

(2) Where, for the purposes of determining the gross
invoice value of, or allowable deductions for, a
mineral, it is necessary to convert an amount or a price
to Australian currency, the conversion is to be
calculated using the average of the RBA rates for the
quarter in which the shipment date for the mineral
occurred.

14 December 2001 GOVERNMENT GAZETTE, WA 6405

(3) Where, for the purposes of the definition of "gold spot

price" in regulation 86AA(1 1), it is necessary to
convert a price to Australian currency, the conversion

is to be calculated -

(a)	using the RBA rate for the day on which the price was fixed; or
(b)	if there is no RBA rate for that day, using the last RBA rate before that day.

7. Regulation 85B amended
Regulation 85B(l) is amended as follows:

(a)	in paragraph (b) by deleting ", transfer, shipment or other disposal";
(b)	in paragraph (c) by deleting "realised" and inserting instead -

44 royalty

(c) by deleting paragraph (d) and inserting the following paragraphs instead -

44

(d) the gross invoice value of the mineral, when it was paid, and any allowable deductions for the mineral;

(da) in the case of a royalty part-payment under

regulation 86A, the method of calculating the
royalty part-payment and details of the amount
of the relevant part-payment of gross invoice
value and when it was paid;

8.            Regulation 86 amended

The Table to regulation 86 is amended as follows:

(a) in the heading to column 2 by deleting "realised" and

inserting instead -

" royalty ";

(b) in the items relating to the minerals listed in the Table to this paragraph by deleting "realised" in each place where it occurs and inserting instead -

" royalty ";

Table

Cobalt	Tantal urn
Copper	Tin
Garnet	Vanadium
Ilmenite	Zinc
Lead

(c) in the item relating to any other mineral by deleting "realised" in both places where it occurs and inserting instead -

46

royalty ".

6406 GOVERNMENT GAZETTE, WA 1 1 December 2001

9.            Regulation 86AA amended

(1)	Regulation 86AA(3), (4), (5) and (7) are each amended by deleting "realised" and inserting instead -
46 royalty
(2)	Regulation 86AA(l 1) is amended in paragraph (a) of the definition of "gold spot price" by deleting "by using the daily representative rate used by the Reserve Bank of Australia".

10.          Regulation 86A replaced

Regulation 86A is repealed and the following regulation is inserted instead -

86A.	Payment of royalties
(1)	Royalties for a mineral shall be paid to the Department at Perth.
(2)	Subject to this regulation, royalties for a mineral shall be paid within 30 days after the end of the quarter during which the relevant amount of the mineral was produced or obtained.
(3)	In the case of gold metal, royalties shall be paid within 30 days after the end of the quarter during which the gold metal is to be regarded because of regulation 86AA as having been produced.
(4)	In the case of nickel, or a nickel by-product the royalty for which is not based on royalty value, royalties shall be paid within 30 days after the end of the quarter
during which the nickel or nickel by-product was sold.
(5)	In the case of a mineral the royalty for which is based on royalty value, royalties shall, subject to
subregulation (6), be paid within 30 days after the end of the quarter during which the gross invoice value of
the mineral (or any part of that value) was paid by the purchaser of the mineral.
(6)	If the gross invoice value of a mineral is paid in part-payments, royalties for the mineral may be paid in part-payments in accordance with subregulation (7).
(7)	For the purposes of subregulation (6), a royalty part-payment for a mineral -

(a)	shall be paid within 30 days after the end of the quarter during which a part-payment of the gross invoice value of the mineral was paid by the purchaser of the mineral; and
(b)	subject to subregulation (8), shall bear the same proportion to the total royalties payable for the

14 December 2001 GOVERNMENT GAZETTE, WA 6407

mineral as the part-payment referred to in
paragraph (a) bears to the gross invoice value of

the mineral.

(8)	If the Director General of Mines is satisfied by
information given by the person liable to pay the
royalty that the amount of a royalty part-payment is
incorrect because of a miscalculation of gross invoice value or allowable deductions or for any other reason, any necessary adjustment is to be made and may be
taken into account in the next royalty part-payment
paid after the information is given to the Director
General of Mines. ,,

11.          Regulation 87 amended

(1) Regulation 87(1) is amended as follows:

(a) by deleting "realised" in the first place where it occurs and inserting instead -

46 royalty

(b) in paragraph (a) by deleting ", transferred or otherwise disposed of or the costs deducted to calculate the realised value by the person liable to pay the royalty" and inserting instead -

or the allowable deductions used to calculate

the royalty value

(c)	in paragraph (a) by deleting ", transfer or disposal";
(d)	in paragraph (a) by deleting ", transferred or otherwise disposed of" in the second place where it occurs;
(e)	in paragraph (a) by deleting ", transfer or other

disposal";

(1) in paragraph (b) by deleting ", transfer or other disposal"

in the 3 places where it occurs;

(g) in paragraph (b) by deleting ", transferred or otherwise

disposed of".

(2) Regulation 87(2) is amended by deleting "realised" and

inserting instead -
" royalty

12.          Regulation 87B amended

Regulation 8713(1)  is amended as follows:

(a) in paragraph (a)(i) by deleting "quality" and inserting

instead -

44

quantity

6408 GOVERNMENT GAZETTE, WA 14 December 2001

(b) by deleting paragraph (a)(ii) and inserting the following subparagraph instead -

44

(ii) each sale of that mineral, including time,

destination, value and quantity of the

sale;

I%
,

(c) by deleting ", shipment, transfer or other disposal".

13.         Saving

Despite the amendments effected by these regulations, the Mining Regulations 1981 as in force immediately before the commencement of these regulations continue to apply in relation to the determination and payment of, and returns in respect of, royalties for minerals first sold, transferred or otherwise disposed of before that commencement.

By Command of the Lieutenant-Governor

and deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.