Minerals Development Act 2017

Mining licence fees

76. (1) The Minister shall, with the prior consent of the Minister for Public Expenditure and Reform, make regulations setting out the mining licence fees that are payable in respect of a mining licence over its term.

(2) These regulations shall be reviewed every 5 years.

(3) Regulations under subsection (1) may, in particular, provide for—

(a) a minimum licence fee payable in respect of the grant of a licence,

(b) minimum annual fees payable over the term of a licence,

(c) increases or decreases in licence fees over the term of the licence.

(4) The method of calculating mining licence fees shall be based on the type of minerals to be worked and the area of land specified in the licence.

(5) The method of calculating mining licence fees may be based on the tonnage of minerals produced and removed from the area of the mining licence or the revenue (as calculated by reference to regulations under this section) generated by working the minerals.

(6) Without prejudice to the Minister’s discretion to consider other factors, the Minister shall have regard to the following when setting mining licence fees:

(a) the costs associated with administering this Part and the enforcement of this Act (including the regulations made under it) and mining licences;

(b) the amount of legal costs that the Minister may be required to pay under section 91 in determining the persons entitled to compensation in respect of private minerals;

(c) the capital and other start-up costs associated with the commencement of mining operations;

(d) the value of conferring the exclusive right to work minerals under the licence;

(e) the need to encourage the continuous working of the minerals after a licence has been granted.