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

6A. Application of Schedule 2

 

(1) If any unrefined mineral resource—
(a) is transferred below the condition specified in Schedule 2 for that mineral resource, the mineral resource must be treated as if that mineral resource had been transferred in the condition specified for that mineral resource; or

[Section 6A(1)(a) substituted by section 55(a) of the Taxation Laws Amendment Act 42 of 2024, Notice No. 5736, GG51826, dated 24 December 2024]

(b) is transferred in a condition beyond the condition specified in Schedule 2 for that mineral resource, the mineral resource must be treated as having been transferred in the higher of the condition specified for that mineral resource or the condition in which that mineral resource was extracted.

[Section 6A(1)(b) substituted by section 96(a) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), Notice No. 19, GG 42172, dated 17 January 2019]

 

(1A) If any unrefined mineral resource with a range is transferred—
(a) in a condition below the minimum of the range of conditions specified in Schedule 2 for that mineral resource, the mineral resource must be treated as if that mineral resource had been transferred at the minimum of the range of conditions specified for that mineral resource;

[Section 6A(1A)(a) substituted by section 55(b) of the Taxation Laws Amendment Act 42 of 2024, Notice No. 5736, GG51826, dated 24 December 2024]

(b) at or within the range of conditions specified in Schedule 2, the mineral resource must be treated as having been transferred at that condition; or
(c) in a condition above the maximum range of conditions specified in Schedule 2, the mineral resource must be treated as having been transferred at the maximum of the range of conditions specified for that mineral resource.

[Section 6A(1A)(c) substituted by section 96(c) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), Notice No. 19, GG 42172, dated 17 January 2019]

 

(2) If—
(a) a concentrate mainly consists of a mineral resource listed in Schedule 2; and
(b) the price of the concentrate at disposal thereof is determined solely with reference to the mineral resource listed in Schedule 2, the specified condition for the other minerals in the concentrate must not be taken into account for the purposes of the application of that Schedule.