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Mineral and Petroleum Resources Royalty Act, 2008 (Act No. 28 of 2008)

1. Definitions

 

(1) In this Act, unless the context indicates otherwise—

 

"Administration Act"

means the Mineral and Petroleum Resources Royalty (Administration) Act, 2008;

 

"earnings before interest and taxes"

means earnings before interest and taxes mentioned in section 5;

 

"extractor"

means a person mentioned in section 2;

 

"gross sales"

means gross sales mentioned in section 6;

 

"Income Tax Act"

means the Income Tax Act, 1962 (Act No. 58 of 1962);

 

"Mineral and Petroleum Resources Development Act"

means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

"mineral resource"

means a mineral or petroleum as defined in section 1 of the Mineral and Petroleum Resources Development Act, regardless of whether that mineral or petroleum undergoes processing (as defined in section 1 of that Act) or manufacturing;

 

"person"

includes an insolvent estate, the estate of a deceased person and a trust;

 

"refined mineral resource"

means a mineral resource—

(a) listed solely in Schedule 1; or
(b) listed in Schedule 1 and Schedule 2 that has been refined to or beyond the condition specified in Schedule 1 for that mineral resource;

 

"Republic"

means the Republic of South Africa and includes the sea as defined in section 1 of the Mineral and Petroleum Resources Development Act;

 

"royalty"

means the royalty imposed by this Act;

 

"transfer"

means—

(a) the disposal of a mineral resource; or
(b) [Paragraph (b) deleted by the Taxation Laws Amendment Act, No. 7 of 2010]; or
(c) the consumption, theft, destruction or loss of a mineral resource, other than by way of flaring or other liberation into the atmosphere during exploration or production,

if that mineral resource has not previously been disposed of, consumed, stolen, destroyed or lost;

 

"unrefined mineral resource"

means a mineral resource—

(a) listed solely in Schedule 2; or
(b) listed in Schedule 1 and Schedule 2 that has not been refined to or beyond the condition specified in Schedule 1 for that mineral resource;

 

(2) Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Administration Act bears that meaning for purposes of this Act.