Document ID: chunk:federal_register_of_legislation:F2006B00271:body:0:p2
Version: federal_register_of_legislation:F2006B00271
Segment Type: other
Provision Reference: 
Character Range: 2845–5569

the Minister".

7.   Section 88 (Term of general purpose lease)
7.1   Subsection 88 (2):
Omit "of 21 years, as of right", substitute "determined by the Minister".

8.   Section 101 (Application for forfeiture of mining tenement while holder is a company in process of winding up)
8.1   Omit the section, substitute:

Application for forfeiture of mining tenement of which holder is a company being wound up

 "101. Despite section 471B of the Corporations Law, if:
         (a) the holder of a mining tenement is a corporation that is being wound up; or
         (b) a provisional liquidator of a company that is the holder of a mining tenement is appointed;
proceedings for forfeiture of the mining tenement under section 96 or 98 may be commenced or continued without the leave of the Supreme Court.".

Part 3—amendments of the Mining Regulations 1981 (W.A.) (C.K.I.)

9.   Amendment
9.1   The Mining Regulations 1981 (W.A.) (C.K.I.) are amended as set out in this Part.

10.   Regulation 86 (Rates of royalty)
10.1   Add at the end:

 "(3) Despite subregulation (2), the Commonwealth and the holder of a mining tenement may agree on the rate of royalty that is to be paid for a mineral, and may agree that the rate to be paid for a mineral may vary under specified circumstances.

 "(4) In particular (but without limiting subregulation (3)), the Commonwealth and the holder may agree that the rate may vary according to the quantity of the mineral mined during a specified period.".

11.   Regulation 86A (Time for payment of royalties to Department)
11.1   Omit the regulation, substitute:

Time for payment of royalties

 "86A. (1) In the case of a mineral the royalty for which is based on realized value, royalties for the quantity of a mineral that has been realized during a quarter must be paid before the end of 30 days after the last day of the quarter.

 "(2) In any other case, royalties for the quantity of a mineral that has been mined during a quarter must be paid before the end of 30 days after the last day of the quarter.

 "(3) In this regulation:
'quarter' means a period of 3 months beginning on a 1 January, 1 April, 1 July or 1 October.".

12.   Regulation 91 (Appeal to Minister)
12.1   Subregulation 91 (1):
Omit "14", substitute "28".

13.   Regulation 92 (Shape of tenement)
13.1   Omit the regulation.

14.   First Schedule (Schedule of forms)
14.1   Form No. 8:
Omit "The Minister a corporation sole established by the Mining Act 1978", substitute "The Commonwealth of Australia".

14.2   Form No. 8 (paragraph beginning "The Commonwealth of Australia …"):
After "by any Act", insert "or Territory Ordinance".

14.3   Form No. 8 (Clause 7):
After "any other Act",