Mining (Prescribed Costs) Amendment Regulations 2023 (SA)

South Australia

Mining (Prescribed Costs) Amendment Regulations 2023

under the Mining Act 1971

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Mining Regulations 2020

3            Substitution of regulation 11

11          Prescribed costs

Part 1—Preliminary

1—Short title

These regulations may be cited as the Mining (Prescribed Costs) Amendment Regulations 2023.

2—Commencement

These regulations come into operation on 1 July 2023.

Part 2—Amendment of Mining Regulations 2020

3—Substitution of regulation 11

Regulation 11—delete the regulation and substitute:

11—Prescribed costs

For the purposes of section 17(8) and (8a) of the Act, costs of the following kinds, up to an amount that does not exceed 30% of the market value of the minerals on which royalty is payable, are prescribed:

(a)costs (excluding GST) genuinely incurred in transporting the minerals to a point of sale (including, for example, packaging, storage, loading, permit, fees, insurance and depreciation);

(b)in the case of section 17(8a)—costs (excluding GST) genuinely incurred in shipping the minerals to a genuine purchaser in a sale at arms length;

(c)any other costs (excluding GST) determined by the Minister to be a cost of a prescribed kind for the purposes of section 17(8) or (8a) of the Act (or both), (which may vary according to a particular tenement holder, class of tenement holder, or all tenement holders).

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 15 June 2023

No 56 of 2023