South Africa
Mineral and Petroleum Resources Royalty Act, 2008
Act 28 of 2008
- Published in Government Gazette 31635 on 24 November 2008
- Commenced on 1 May 2009
- [This is the version of this document from 24 December 2024.]
- [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]
- [Amended by Taxation Laws Amendment Act, 2013 (Act 31 of 2013) on 1 March 2014]
- [Amended by Taxation Laws Amendment Act, 2016 (Act 15 of 2016) on 19 January 2017]
- [Amended by Taxation Laws Amendment Act, 2018 (Act 23 of 2018) on 1 January 2019]
- [Amended by Taxation Laws Amendment Act, 2018 (Act 23 of 2018) on 17 January 2019]
- [Amended by Taxation Laws Amendment Act, 2023 (Act 17 of 2023) on 1 January 2024]
- [Amended by Taxation Laws Amendment Act, 2024 (Act 42 of 2024) on 24 December 2024]
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 do not exceed R100 000 during a year of assessment.[section 8 substituted by section 97 of Act 23 of 2018]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
24 December 2024 this version
Amended by
Taxation Laws Amendment Act, 2024
01 January 2024
17 January 2019
01 January 2019
19 January 2017
01 March 2014
16 January 2014
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
Cited documents 4
Act 4
1. | Public Finance Management Act, 1999 | 2719 citations |
2. | Income Tax Act, 1962 | 1712 citations |
3. | Mineral and Petroleum Resources Development Act, 2002 | 654 citations |
4. | Tax Administration Act, 2011 | 284 citations |