South Australian Current Acts

MINING ACT 1971 - SECT 17B

17B—Assessments by Treasurer

        (1)         If—

            (a)         the Treasurer is of the opinion that a person liable to pay royalty—

                  (i)         has not made a payment of royalty when it falls due; or

                  (ii)         has not paid royalty in accordance with the royalty assessment principles (and any related provision under this Act); or

                  (iii)         has not paid royalty in accordance with any agreement or determination that applies under section 17 or 17A; or

                  (iv)         has not paid royalty in accordance with any other relevant requirement; or

            (b)         the market value of minerals has been determined, for the purposes of assessing royalty, according to a tenement holder's estimate of the reasonable value of the minerals under section 17(6)(b)(vi) and the Treasurer does not agree with the estimate; or

            (c)         a person makes a default in furnishing a return; or

            (d)         the Treasurer is not satisfied with a return furnished by a person; or

            (e)         the Treasurer has reason to believe—

                  (i)         that royalty is payable by a person who has not furnished a return; or

                  (ii)         that a person who has furnished a return has made an overpayment of royalty,

the Treasurer may, after consultation with the Minister, make an assessment of royalty the person is liable to pay.

        (2)         Without limiting subsection (1), the Treasurer may, after consultation with the Minister, on application or on the Treasurer's own initiative, review and revise an earlier assessment of royalty (and the revision will then be taken to be a new assessment for the purposes of this Act).

        (3)         For the purposes of making an assessment under subsection (1) or (2), the Treasurer may estimate the amount of royalty payable by a person and may base the estimate on any matter the Treasurer considers relevant.

        (4)         The Treasurer must cause a copy of an assessment under this section to be served on the person liable to pay the royalty or to whom a refund is payable.

        (5)         If, as a result of the Treasurer's assessment, a lower amount of royalty is payable for the relevant return period or periods, the Treasurer must—

            (a)         refund the amount of the excess to the person; or

            (b)         set off the amount against a future liability to make payments of royalty under this Act.

        (6)         A person on whom a copy of an assessment is served may, within 1 month after the date of service, appeal against the assessment to the ERD Court.

        (7)         On the hearing of an appeal, the ERD Court may, if satisfied on the basis of evidence provided by the appellant that the assessment of the Treasurer is incorrect, vary the assessment of the Treasurer to such extent as it thinks fit.