This is the version of this Act as it was from 16 January 2014 to 28 February 2014. Read the latest available version.
Taxonomies
- Subject areas > Business, Trade and Industry
- Subject areas > Energy and Natural Resources
- Subject areas > Environment, Climate and Wildlife
- Subject areas > Finance and Money
Related documents
South Africa
Mineral and Petroleum Resources Royalty Act, 2008
Act 28 of 2008
- Published in Government Gazette 31635 on 24 November 2008
- Assented to on 17 November 2008
- Commenced on 1 May 2009
- [This is the version of this document as it was from 16 January 2014 to 28 February 2014.]
- [Amended by Taxation Laws Amendment Act, 2009 (Act 17 of 2009) on 1 November 2009]
- [Amended by Taxation Laws Amendment Act, 2009 (Act 17 of 2009) on 1 March 2010]
- [Amended by Taxation Laws Amendment Act, 2010 (Act 7 of 2010) on 1 March 2010]
- [Amended by Taxation Laws Amendment Act, 2011 (Act 24 of 2011) on 1 March 2010]
- [Amended by Tax Administration Laws Amendment Act, 2013 (Act 39 of 2013) on 16 January 2014]
1. Definitions
2. Imposition of royalty
A person must pay a royalty for the benefit of the National Revenue Fund in respect of the transfer of a mineral resource extracted from within the Republic.[section 2 substituted by section 131(1) of Act 7 of 2010]3. Determination of royalty
4. Royalty formulae
5. Earnings before interest and taxes
6. Gross sales
6A. Application of Schedule 2
7. Small business exemption
8. Exemption for sampling
An extractor is exempt from the royalty imposed in respect of mineral resources won or recovered by the extractor for purposes of testing, identification, analysis and sampling mentioned in section 20 of the Mineral and Petroleum Resources Development Act pursuant to a prospecting right or an exploration right as defined in section 1 of that Act it the gross sales in respect of those mineral resources does not exceed R100 000 during a year of assessment.8A. Rollover relief for transfers between extractors
[heading substituted by section 150(1) of Act 24 of 2011]9. Rollover relief for disposals involving going concerns
10. Transfer involving body of unincorporated persons
11. Arm's length transactions
12. General anti-avoidance rule
13. Conclusion of fiscal stability agreements
14. Terms and conditions of fiscal stability agreements
15. Foreign currency
Any amount received by or accrued to, or expenditure or loss incurred by—16. Transitional credits
17. Act binding on State and application of other laws
This Act binds the State, and no provision in any other law is construed as applying or referring to this royalty unless the royalty is specifically mentioned in that provision.18. Short title and commencement
History of this document
19 January 2017
01 March 2014
16 January 2014 this version
Amended by
Tax Administration Laws Amendment Act, 2013
01 March 2010
Amended by
Taxation Laws Amendment Act, 2009
Amended by
Taxation Laws Amendment Act, 2010
Amended by
Taxation Laws Amendment Act, 2011
Read this version
01 November 2009
01 May 2009
Commenced
24 November 2008
17 November 2008
Assented to
Cited documents 4
Legislation 4
Documents citing this one 15
Gazette 10
- Eastern Cape Provincial Gazette dated 2021-03-08 number 4519
- Eastern Cape Provincial Gazette dated 2021-10-11 number 4637
- South Africa Government Gazette dated 2010-11-02 number 33726
- South Africa Government Gazette dated 2012-12-27 number 36037
- South Africa Government Gazette dated 2013-03-01 number 36183
- South Africa Government Gazette dated 2013-12-12 number 37158
- South Africa Government Gazette dated 2015-03-30 number 38653
- South Africa Government Gazette dated 2017-01-19 number 40562
- South Africa Government Gazette dated 2017-01-19 number 40563
- South Africa Government Gazette dated 2023-12-22 number 49894
Judgment 5
- Lueven Metals (Pty) Ltd v Commissioner for South African Revenue Service (728/2022) [2023] ZASCA 144 (8 November 2023)
- Richards Bay Mining (Pty) Ltd v Commissioner for South Africa Revenue Service (2023-045310) [2024] ZAGPPHC 294 (26 March 2024)
- SARS v United Manganese of Kalahari (Pty) Ltd (264/2019) [2020] ZASCA 16 (25 March 2020)
- Tegeta Exploration & Resources (Pty) Ltd v National Director of Public Prosecutions and Others; In Re: National Director of Public Prosecutions v Templar Capital Ltd; In Re: National Director of Public Prosecutions v Kurt Robert Knoop NO and Others (62601/2021; 62604/2021) [2023] ZAGPPHC 1369 (11 December 2023)
- Venter and Another v Els and Another (3639/2024) [2024] ZAWCHC 47 (18 March 2024)