480 (Q11cellsiaau r F-^ ANNO VICESIMO TERTIO ELIZABETHAE SEC UNDAE REGINAE No. 47 of 1974 An Act to amend the Mining Act 1968 -1974 with respect to royalties payable in respect of mineral won or of mineral - bearing ore removed , to provide for the construction of agreements and undertakings that provide for the payment of such royalties, and for related purposes [ASSENTED TO 17TH SEPTEMBER, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as.follows:- 1. Citation . (1) This Act may be cited as the Mining Royalties Act 1974. (2) In this Act the Mining Act1968-1974 is referred to as the Principal Act.
Mining Royalties Act 1974. No. 47 481 (3) The Principal Act as amended by this Act may be cited as the Mining Act1968-1974. 2. Commencement of Act. This Act shall commence on a date fixed by Proclamation. 3. Repeal of and new s. 70. The Principal Act is amended by repealing section 70 and substituting the following section:- "70. Payment of royalty on mineral won . (1) A person who wins from any land mineral that is the property of the Crown shall pay as prescribed for the time being royalty to the Crown in respect of such mineral. (2) The Governor in Council, by regulations made pursuant to section 106, may prescribe that royalty payable to the Crown in respect of mineral, whether the obligation to pay such royalty arises under this Act or under any agreement made with the State of Queensland or under any undertaking given by any person, shall be calculated at such rate or rates, in such manner and on such basis or bases as he, in his unfettered discretion, think$ fit, and, by like regulations, may provide for the collection and enforcement of the payment of such royalty. (3) Without limiting the authority of the Governor in Council to regulate with respect to the payment of royalty, a rate of royalty and the manner and basis of its calculation- (a) may be prescribed by reference to the quantity of mineral-bearing ore removed or by reference to the quantity of mineral won; (b) may be prescribed by reference to a proportion of the profits made from mining operations or from a particular mining operation or of the gross proceeds of the sale or disposal of the product of mining operations or of a particular mining operation; (c) may vary as between royalties payable in respect of different minerals; (d) may vary as between royalties payable by the same person or by different persons whether- (i) in respect of the same mineral or different minerals; (ii) in respect of mineral won at the same place or at different places; (iii) in respect of mineral won at the same point in time or at different points in time; (iv) in respect…