Part 7Administration
60DRoyalties, etc, may be required in certain circumstances
Where—
- either—
- any person to whom section 60A applies (in this section referred to as the grantor) is empowered by any enactment
or by law to give, grant, issue, make, or reach any approval, authority, concession, concurrence, consent, decision, licence, permission, permit, or waiver, or to take or undertake any similar action; or - the Governor-General is empowered by any such enactment to make an Order in Council; and
- any person to whom section 60A applies (in this section referred to as the grantor) is empowered by any enactment
- an effect in any particular case of the person's doing so (or, in the case of the making of an Order in Council, an effect of the order) would be that any other person (in this section referred to as the beneficiary)—
- would be able, or would be able more easily, to carry on any activity; or
- would be able, or would be able more easily, to make a profit or a larger profit, or derive an income or a larger income, or avoid a loss or a larger loss, on or in respect of any action, transaction, or group of actions or transactions; or—
- would acquire or be able to acquire an asset; or
- would be the owner of an asset that had increased in value; or
- would acquire or be able to acquire any special or exclusive rights or privileges in relation to any activity or thing that, but for the various rights and privileges of the beneficiary (and, where any other persons have special or exclusive rights or privileges, the rights and privileges of those persons) would be in the public domain; or
- would acquire or be able to acquire increased or additional special or exclusive rights or privileges in relation to any activity or thing that, but for the various rights and privileges of the beneficiary (and, where any other persons have special or exclusive rights or privileges, the rights and privileges of those persons) would be in the public domain,—
the grantor may refuse to take or undertake the action (or, as the case requires, the Minister may refuse to recommend to the Governor-General the making of the order) in that case unless there have been entered into arrangements satisfactory to the Director-General for the payment to the Director-General of royalties, rent, fees, and other charges, or any of them.
- would be able, or would be able more easily, to carry on any activity; or
Subsection (1) shall have effect whether or not the grantor is under a duty imposed by any enactment or by law to take or undertake the action concerned or the Minister is under any such duty to recommend the making of the order concerned.
There shall be deemed to have been consideration for any person's entering into any arrangement with the Director-General under subsection (1).
Notes
- Section 60D: inserted, on , by section 3 of the Conservation Amendment Act 1988 (1988 No 131).
- Section 60D(1)(a): amended, on , by section 41(a) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 60D(1)(a)(i): amended, on , by section 24 of the Conservation Amendment Act 1994 (1994 No 108).
- Section 60D(1)(b)(i): amended, on , by section 41(b) of the Conservation Amendment Act 1996 (1996 No 1).