MINERAL ROYALTY RATES ACT B.E. 2509 (1966)

AS AMENDED BY THE MINERAL ROYALTY RATES ACT (NO. 2) B.E. 2520

BHUMIBOL ADULYADEJ, REX.

GIVEN ON THE 21TH DAY OF FEBRUARY, B.E. 2509;

BEING THE 21ST YEAR OF THE PRESENT REIGN.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that :

Whereas it is deemed expedient to revise the law on mineral royalty rates ;

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly in its capacity as Parliament as follows :

Section 1. 

This act shall be called the "Mineral Royalty Rates Act B.E. 2509 (1966)"

Section 2. 

This act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3. 

The following are hereby repealed:

Act Prescribing the Rate of Tin Royalties B.E. 2476;

Act Prescribing the Rate of Tin Royalties (No .2) B.E. 2484;

Act Prescribing the Rate of Tin Royalties (No. 3) B.E. 2484;

Act Prescribing the Rate of Tin Royalties (No .4) B.E. 2496;

Act Prescribing the Rate of Tungsten Royalties B.E. 2484;

Act Prescribing the Rate of Tungsten Royalties (No. 2) B.E. 2500.

All other laws, rules and regulations insofar as they are stipulated herein or are contrary to or inconsistent with the provisions of this act are superseded hereby.

Section 4. 

Collection of tin royalty shall be based on the price of tin metal in the ore as hereunder :

In case the market price of tin metal in the ore per sixty kilograms exceeds three thousand Baht, collection shall be made at the rate as prescribed by Ministerial Regulation, and such prescription must be made in different levels, the maximum level being not more than sixty per cent of market price that exceeds three thousand Baht.

In case the market price of tin metal in the ore per sixty kilograms is not more than three thousand Baht, royalty shall be exempted.

Section 5. 

Royalty on mineral containing tungstic oxide shall be collected at the rate prescribed in Ministerial Regulations which shall not exceed twenty per cent of the market price.

Section 6. 

Royalty on other minerals shall be collected at the rate prescribed in Ministerial Regulations which shall not exceed fifteen per cent of the market price.

Section 7. 

The nature of each kind of mineral to be used as the basis for collecting royalties, the method of determining market price, the rate of exchange on which market price is calculated and procedures for the control of payment of royalties shall be prescribed in Ministerial Regulations.

Section 8. 

The Director-General of the Department of Mineral Resources shall, from time to time, post the market price of all minerals in accordance with the rules and procedures prescribed in Ministerial Regulations.

Section 9. 

The Minister of Industry shall have charge and control of the execution of this Act and have the power to appoint competent officials and issue Ministerial Regulations in execution hereof.

Such Ministerial Regulations shall come into force after their publication in the Government Gazette.

Countersigned by FIELD MARSHAL THANOM KITTIKACHORN as Prime Minister

Government Gazette, Vol. 83 Part 22, Dated 8th March B.E. 2509

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MINERAL ROYALTY RATES ACT (NO. 3) B.E. 2522

BHUMIBOL ADULYADEJ, REX.

GIVEN ON THE 21ST DAY OF APRIL, B.E. 2522

BEING THE 34TH YEAR OF THE PRESENT REIGN.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is deemed expedient to revise the low on mineral royalty rates;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly in its capacity as Parliament as follows:

Section 1. 

This act shall be called the "Mineral Royalty Rates Act (No. 3) B.E. 2522."

The Mineral Royalty Rates Act B.E. 2509 as amended by the Mineral Royalty Rates Act (No. 2) B.E. 2520 is amended by the Mineral Royalty Rates Act (No. 3) B.E. 2522.

Section 2. 

This act shall come into force as from the day following the date of its publication in the Government Gazette.

**Government Gazette, Vol. 96 Part 71, Dated 3rd May B.E. 2522.

Section 3. 

The provision of Section 6, Section 7 and Section 8 of the Mineral Royalty Rates Act B.E. 2509 shall be repealed and replaced by the following :

Section 6. 

Collection of royalties on other minerals shall be based on the kind, nature, percentage of metal or compound contained in the mineral, or any other special characteristic at the rate prescribed in Ministerial Regulations, which shall not exceed twenty per cent of the market price.

In the event that the Minister considers that the collection of royalties on certain kinds of mineral on the basis of a percentage of the market price referred to in paragraph one is unsuitable, the Minister shall establish the collection of mineral royalties by assessment, or by other methods in accordance with the rules, procedures, conditions and rates prescribed by Ministerial Regulations, but in no case shall the rates exceed thirty per cent of the market price.

Section 7. 

The nature, percentage of metal or compound in the mineral, or special characteristics of each kind of mineral to be used as a basis for collecting mineral royalties, the method of determining market price, the use of exchange rate in computation of the market price and the procedures for the control of payment of mineral royalties, shall be prescribed in Ministerial Regulations.

Section 8. 

Subject to Section 6 paragraph two, the Director-General of the Department of Mineral Resource shall, from time to time, post the market price of all minerals in accordance with the rules and procedures prescribed by Ministerial Regulations."

Countersigned by Mr. S. Hotrakitya as Deputy Prime Minister