Offshore Minerals (Works Licence Fees) Act 1981
Act No. 85 of 1981 as amended
This compilation was prepared on 11 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]........................................................................ 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation....................................................................................... 1
4............ Works licence fees.............................................................................. 1
4A......... Holder liable to pay fee....................................................................... 2
4B......... Time for payment................................................................................ 2
5............ Penalty for late payment...................................................................... 2
6............ Fees and penalties debts due to Commonwealth................................. 2
7............ Regulations......................................................................................... 3
Notes 5
An Act to provide for the payment of fees in respect of works licences under the Offshore Minerals Act 1994
1 Short title [see Note 1]
This Act may be cited as the Offshore Minerals (Works 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 a works 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 meaning as they have in that Act.
4 Works licence fees
(1) A works licence holder must pay to the Designated Authority, in respect of each year of the term of the licence, a fee calculated at the rate prescribed by the regulations for each hectare or part of a hectare of the works area.
(2) The works area for a works licence is the area specified in the licence under paragraph 278(1)(c) of the Offshore Minerals Act 1994.
(3) Subject to subsection (4), the amount of the fee is to be calculated at the prescribed rate for each hectare or part of a hectare of the licence area.
(4) The prescribed rate is not to exceed $100 per hectare or part of a hectare.
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 the holder of a works licence 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 holder of a works licence to the Commonwealth and are recoverable in a court of competent jurisdiction.
(2) Fees and other amounts referred to in subsection (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.