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);
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. |