Reproduced under Goverment Printer’s Authorisation (Authorisation No. 11837) dated 30 November 2020.

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MINERAL AND PETROLEUM RESOURCES ROYALTY ACT 28 OF 2008

[ASSENTED TO 17 NOVEMBER, 2008]
(Date of commencement: 1 November, 2009)

(English text signed by the President)

as amended by

Taxation Laws Amendment Act 17 of 2009

Taxation Laws Amendment Act 7 of 2010

Taxation Laws Amendment Act 24 of 2011

Taxation Laws Amendment Act 31 of 2013

Tax Administration Laws Amendment Act 39 of 2013

Taxation Laws Amendment Act 15 of 2016

Taxation Laws Amendment Act 23 of 2018

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Taxation Laws Amendment Act 17 of 2023

ACT

To impose a royalty on the transfer of mineral resources and to provide for matters connected therewith.

ARRANGEMENT OF SECTIONS

Section 1 – Definitions

Section 2 – Imposition of royalty

Section 3 – Determination of royalty

Section 4 – Royalty formulae

Section 5 – Earnings before interest and taxes

Section 6 – Gross sales

Section 6A – Application of Schedule 2

Section 7 – Small business exemption

Section 8 – Exemption for sampling

Section 8A – Rollover relief for transfers between extractors

Section 9 – Rollover relief for disposals involving going concerns

Section 10 – Transfer involving body of unincorporated persons

Section 11 – Arm’s length transactions

Section 12 – General anti-avoidance rule

Section 13 – Conclusion of fiscal stability agreements

Section 14 – Terms and conditions of fiscal stability agreements

Section 15 – Foreign currency

Section 16 – Transitional credits

Section 17 – Act binding on State and application of other laws

Section 18 – Short title and commencement

Schedule 1

Schedule 2

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—