Offshore Minerals (Exploration Licence Fees) Act 1981
Act No. 83 of 1981 as amended
This compilation was prepared on 4 October 2000
taking into account amendments up to Act No. 29 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Interpretation.................................
4 Exploration licence fees..........................
4A Holder liable to pay fee...........................
4B Time for payment..............................
5 Penalty for late payment..........................
6 Fees and penalties debts due to Commonwealth............
7 Regulations..................................
Notes
An Act to provide for the payment of fees in respect of exploration licences under the Offshore Minerals Act 1994
1 Short title [see Note 1]
This Act may be cited as the Offshore Minerals (Exploration Licence Fees) Act 1981.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which the Minerals (Submerged Lands) Act 1981 comes into operation.
3 Interpretation
(1) In this Act:
year, in relation to the term of an exploration licence, means:
(a) the period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or
(b) a period of 12 months commencing on (and including) an anniversary of that day; or
(c) a period of less than 12 months that:
(i) commences on (and includes):
(A) the day on which the provisional grant of the licence is properly accepted; or
(B) an anniversary of that day; and
(ii) ends at the end of the term of the licence.
(2) Expressions used in this Act that are used in the Offshore Minerals Act 1994 have, unless the contrary intention appears, the same meanings as they have in that Act.
4 Exploration licence fees
(1) An exploration licence holder must pay a fee to the Designated Authority in respect of each year of the term of the licence.
(2) Subject to subsection (3), the amount of the fee is to be calculated in accordance with the regulations.
(3) The amount of the fee for a licence for a year is not to exceed whichever is the greater of:
(a) $2,000; or
(b) the amount obtained by multiplying $100 by the number of blocks covered by the licence at the beginning of the year.
4A Holder liable to pay fee
(1) The licence holder is liable to pay the fee.
(2) If the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.
4B Time for payment
The fee for a year becomes payable one month after the day on which the year begins.
5 Penalty for late payment
Where the liability of an exploration licence holder to pay a fee referred to in section 4 is not discharged at or before the time when the fee is payable, there is payable to the Designated Authority by the holder an additional amount calculated at the rate of one‑third of 1% per day upon the amount of the fee from time to time remaining unpaid, to be computed from the time when the fee became payable until it is paid.
6 Fees and penalties debts due to Commonwealth
(1) A fee under section 4, and an amount payable under section 5, are debts due by the licence holder to the Commonwealth and are recoverable in a court of competent jurisdiction.
(2) Fees and other amounts referred to in sub‑section (1) received by the Designated Authority shall be deemed to be received by the Designated Authority on behalf of the Commonwealth.
7 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.