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Leading Practice Mining Acts Review - Statutes Amendment Bill released

TReL is simple to access and use
TReL automatically calculates royalty
TReL takes into consideration any payments, adjustments and audit findings when calculating your royalty balance
TReL sends you email reminders each period
TReL enables you to run reports from previous periods

E-lodgement of returns

Download instructions for using TReL to submit royalty returns
Download instructions for using TReL to submit royalty returns

Clients can submit tenement mining returns and royalty payments using the secure tenement returns e-lodgement application.

Tenement Return e-Lodgement (TReL)

New TReL clients do not receive a paper copies of their royalty returns. Instead they will be sent a reminder email with a list of tenements currently associated with their user access.

If you do not have an account to access TReL contact the Resource Royalties Branch to arrange access. The Resource Royalties Branch will also be able to help you with any questions you may have regarding the system.

TReL return submissions are subject to the same requirements as paper return submissions, including an administrative fee should the return not be lodged by the due date. Penalties may also apply where royalty remains unpaid.

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Royalty and returns

Reporting periodTReL available for return submissionReturns and royalties due
1 Jan - 30 June mid-June 31 July of that year
1 Jul - 31 Dec mid-December 31 Jan of the next year

All tenement holders, proprietors of a private mines and District Councils are required to submit a return each six months declaring production and pay any associated royalty.

It is important to note that returns must be lodged by the due date, even where no production has occurred in that period.

Returns are submitted via Tenement Returns e-Lodgement (TReL), the online return submission webpage. TReL provides a secure and easy way to calculate, review and submit your return. From 1 January 2017, paper returns (Form 26) will only be available on request or via download from the Forms and fees page of this website.

It is a requirement that all information provided is accurate and that you are able to provide supporting documentation on request, noting that penalties apply for providing false or misleading information. Records to support your return must be retained for a period of 7 years, and may be inspected to verify the accuracy of your return.

It is the responsibility of the tenement holder to ensure that they either complete their return using TReL or post their paper return form(s) back to the South Australian Government Resource Royalties Branch. If you wish to opt out of e-lodgement of returns you must contact the Resource Royalties Branch to make alternative arrangements.

Royalty rate

Mineral typeApplicable royalty rate
Refined mineral products3.5% of the value of the mineral
Mineral ores and concentrates5% of the value of the mineral
Industrial minerals3.5% of the value of the mineral
Extractive minerals52 cents per tonne (as prescribed in the Mining Regulations)

Additional information regarding the calculation of royalty for specific minerals can be found in the The South Australian Government Gazette published on 30 June 2011 (PDF 15 KB) which provides clarification as to declared mineral ores, concentrates, refined mineral products and industrial and construction materials.

Specific provisions have been gazetted in relation to the calculation of royalty for the production of salt: The South Australian Government Gazette published on 28 August 2014 (PDF 395 KB)

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Reduced royalty for new mines

Section 17A of the Mining Act 1971 (the Act) provides for a reduction in the rate of royalty where an application has been made and subsequently approved by the Treasurer. Applications are to be submitted using Form 32 Application: 17A - Reduced royalty for new mines (PDF 120 KB) as prescribed and must include all relevant information to allow for proper assessment.

The declaration of a new mine applies for a period of 5 years. The reduced royalty commences from the date the first royalty is due and payable. The reduced royalty rate will apply for a maximum period of 10 consecutive 6 month returns.

The reduced royalty for a new mine is currently set at a rate of 2.0% of the value of the mineral.

Note that declarations made prior to 1 July 2011 continue to be subject to the reduced rate of 1.5% applicable at that time.

The reduced royalty rate for new mines is not available for extractive mineral production.

Extractive minerals

The Act defines extractive minerals as 'sand, gravel, stone, shell, shale or clay, but does not include:

  • materials that are mined for a prescribed purpose; or
  • fire clay, bentonite or kaolin.

A portion of the extractive royalty collected is allocated to the Extractive Areas Rehabilitation Fund (EARF) for rehabilitation projects on extractive mineral mine sites. Further details on how to apply to the fund are available on the EARF web page.

Part 1 of the Regulations provide guidance as to prescribed purposes for extractive minerals and a definition of dimension stone:

  1. Chemical, cement, lime and glass manufacture
  2. Metallurgical flux, refractories and industrial fillers
  3. Foundries, fertiliser, agricultural, jewellery and crafted ornamental uses
  4. Any purposes connected with the production of dimension stone

Dimension stone is defined in the Regulations as 'stone that is quarried in regular blocks and cut, trimmed and finished to specific dimensions and shapes and includes cut stone, ashlars, monumental stone, roofing slate and flagging stone'.

Any mineral used for a prescribed purpose is subject to the applicable mineral royalty rate. Prescribed costs (allowable deductions) may be applicable in determining the market value of these minerals.

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Reporting sales values for extractive minerals

While your return is a mechanism for calculating royalty and reporting production, information contained in your returns also provides a valuable snapshot of the extractive industry and its contribution to the state. The data collected is also used to measure the economic value of minerals within South Australia, in addition it provides an insight as to the remaining resources available. As such the reporting of production sales values is a vital component of your return.

Accordingly, tenement holders are requested to provide a sales values in their return which appropriately reflect the value of the minerals recovered in the period.

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Mining return data and confidentiality

Mining returns are an important part of your obligations under the Act, however the department recognises that some of the information required in returns may be considered commercially sensitive. Rest assured that the data provided to the Department in royalty returns remains confidential and cannot be released without your permission, or under certain circumstances with the consent of the Treasurer.

Production and sales related information is periodically made available to the public in statistical reports. That information is sourced from collated royalty return information over the relevant reporting period so as to maintain confidentiality.

Examples of the data released by the Department can be found on the Resource production statistics for six month periods of this website.

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Royalty assessment principles

In determining the correct value of the mineral for royalty purposes you must apply the royalty assessment principles as outlined in section 17(5) of the Act. In addition the market value of the minerals must be ascertained through the application of sections 17(6) to 17(8) of the Act.

To assist in the determination of the market value refer to the South Australian Government Gazette notice published on 12 July 2012 (PDF 108 KB)

Where the mineral has not been sold to a genuine arms-length purchaser, section 17(6)(c) applies in the calculation of the value of the mineral. The determined period to be used is within the relevant 6-month royalty return period.

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Prescribed costs (allowable deductions)

Section 17(8) of the Act provides for the exclusion of prescribed costs from the market value of minerals in the calculation of royalty. Regulation 8 provides the following types of costs that may be excluded from the market value of in the value of the mineral:

  • Costs (excluding GST) genuinely incurred in transporting the minerals from the relevant tenement to a point of sale (including, for example, packaging, storage, loading, permit, fees and insurance costs)
  • Costs genuinely (excluding GST) incurred in shipping the minerals to a genuine purchaser in a sale at arms-length
  • Any other costs (excluding GST) determined by the Treasurer to be a cost of a prescribed kind for the purposes of that section

Designated Mining Operators and monthly royalty payments

The Mining Act 1971 now requires royalty payers with an annual royalty liability greater than $100,000 to make monthly royalty payments. In March each year the Treasurer issues a Notice of Designation and Notice of Assessment for all royalty payers subject to this provision.

If a Designated Mining Operator expects a royalty variation of more than 10% they should contact the Resource Royalties Branch to have their notice varied or amended.

Payment of royalties

Royalty payments can be made by cheque made payable to the Department of State Development, or by direct bank transfer to:

Bank:

Commonwealth Bank of Australia
101 King William Street
Adelaide, SA 5000

BSB:065-266
BIC/Swift code:CTBAAU2S
Account name:Department of State Development - Collections
Account number:

1000 0565

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Late or non-lodgement of a mining return

Returns not submitted by the due date will be subject to an Administration Fee as outlined in the Mining Regulations 2011.

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Penalty for unpaid royalty

When royalty has not been paid by the due date, penalties may be applied (in addition to an administrative fee) under either section 17E or section 73E of the Act. These sections can be viewed in the Mining Act 1971 applies.

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Royalty compliance

The Department of State Development's Resource Royalty Branch uses risk evaluation techniques to identify and monitor compliance with the Mining Act 1971 and associated regulations.

The aim of the Audit and Assurance team is to ensure producers are paying the correct amount of royalty to the State as per their obligations under relevant legislation.

The Resources and Energy Division's compliance philosophy is based on:

  • Obtaining a maximum level of voluntary compliance
  • Tenement holders having a clear understanding of their obligations
  • Identifying risk areas for pro-active investigation
  • Applying the appropriate treatment for non-compliance
  • Treating tenement holders in a fair and equitable manner

Audits

This information is provided to help you understand the audit process and answer some questions you may have. It also provides you with some details of your rights and obligations during an audit.

Audits are selected in a variety of ways:

* Projects designed to target specific problems or issues in legislation
* Industry trend analysis
* Tip offs
* Follow-up of information received from a variety of sources
* Random selection for the routine verification and coverage of the royalty revenue base

The Resource Royalties Team anticipates that all tenement holders will be audited at least once every 4 years.

In most cases an auditor will:

* Write, telephone or visit you to let you know that an audit will be conducted
* Explain the process and the scope of the audit
* Specify the records to be produced
* Give you a reasonable period to assemble those records for either submission for desk audit or arranging a time and place to interview you or a representative
* Confirm arrangements in writing

The field audits will be conducted by authorised officers appointed pursuant to section 14 of the Mining Act 1971.

During an audit, the auditor will conduct interviews and make enquiries to establish compliance with the particular legislation and examine and test some of your internal financial records.

You will receive written advice of the outcome of the audit and any proposed action.

You should ensure that the records the investigator has requested are ready for examination. If you require further time to collate the records, please inform the investigator prior to the commencement of the audit.

How long an audit takes depends to a large extent on what type of audit - full audit, interim audit, theme audit or spot check - is undertaken.

If you have any questions about the arrangements for the audit or the processes involved, contact the auditor for assistance.

Investigators have a range of powers. In general, these powers permit the investigator to:

* Gain access to buildings and property and remain there
* Inspect, examine and copy any documents or records
* Require a person to answer questions and provide information
* Require a person to take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer. A full list of authorised officer powers can be found under section 14 of the Mining Act 1971.

If a tenement holder fails to comply with an investigator's lawful requests, it is possible that penalties such as a fine can be applied.

During an audit, you are obliged to provide:

* The investigator reasonable assistance and facilities
* Complete and honest answers and explanations to questions
* Prompt, full and free access to all relevant information, records, documents, data and systems as required

If an audit is to be conducted, you have the right to:* Ask to reasonable time to produce your records
* Negotiate the time and place for the investigation with the investigator
* Receive written confirmation of these arrangements

During an audit, you have the right to:

* Sight the investigator's identification and authority
* Expect the investigator to be professional and courteous
* Involve your professional representative in the process
* Ask how long the investigation will take
* Expect your affairs to be treated with strict confidentiality
* Be given the opportunity to explain the reasons for any irregularities, discrepancies, decisions etc

At the end of the audit, you have the right to:

* Receive an explanation of the results or findings
* Ask the investigator how an assessment of royalty payable has been applied
* Ask for advice about the objection and appeal process
* Discuss any aspect of your case with the investigator or his or her manager

If you are dissastisfied with certain decisions or an assessment you are entitled to appeal against the assessment to the Environment, Resources and Development (ERD) Court. You have one month from the date of the assessment to lodge an objection to the ERD Court.

Information gathered during audit is treated in the strictest confidence and will not be used or divulged except for purposes required by law.

For more information, contact:

The Resource Royalty Team
Phone: +61 (8) 8463 3095
Email: DPC.royalty@sa.gov.au