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This translation has been prepared by Chaninat & Leeds, an American law firm in Bangkok. Their services range from corporate registration to family law, including US K3 visas in Thailand.




 

(6) Payment of Royalties on Gold shall be collected according to the content of pure gold based on the result of analysis carried out by the Department of Primary Industries and Mines, or an institute approved by the Department of Primary Industries and Mines.

In case gold analysis has not yet been carried out, the principle shall be based on such that the content of pure gold is eighty percent, except when a certificate is issued by the Department of Primary Industries and Mines to the effect that the content of pure gold does not exceed fifty percent, in that case it shall first be assumed that the content of pure gold is fifty percent.

(7) Payment of Royalties on Marble or Dimensional Granite shall be collected according to the quantity of minerals, rocks, earth, or sand that a Prathanabat holder shall obtain from mining operations in a six-month period, in which he indicates his intention to operate a mine.

The royalty on marble or dimensional granite shall be collected in two instalments per year, in advance annually, before the mine operation.

The first instalment shall be paid no later than 31st of January, and the second instalment shall be paid no later than 31st of July of that year.

A person wishing to operate a mine under the first paragraph shall petition in writing accompanied by a map showing the boundary area within which the mine will be operated and the quantity of minerals, rocks, earth, or sand likely to be obtained from an operation in a sixmonth period beginning on 1st of January of that year, and submit them to the Local Mineral Industry Official at the time each instalment of mineral royalty is paid.

If it appears later that, during a six-month period of mine operation, a Prathanabat holder obtains more or less quantity of minerals, rocks, earth, or sand than what he has indicated, the royalties shall be additionally collected or be refunded in proportion to the increased or decreased quantity, as the case may be.

Given on the 21st day of July, B.E. 2514


Signed by Mr. Poj Sarasin
The Minister of National Development


Ministerial Regulation
No. 21 (B.E. 2522)
Issued under the Mineral Royalty Rates Act B.E. 2509

By virtue of Section 6 and Section 7 of the Mineral Royalty Rates Act B.E. 2509 amended by the Mineral Royalty Rates Act (No.3) B.E. 2522, and Section 9 of the Mineral Royalty Rates Act B.E. 2509, the Minister of Industry has issued the Ministerial Regulations as follows:

Section 1 The following are hereby repealed:
(1) Article 3 bis. in Section 2 of Ministerial Regulation No.6 (B.E. 2514) as amended by Ministerial Regulation No. 17 (B.E. 2521) issued under the Mineral Royalty Rates Act B.E. 2509.
(2) Section 5 of Ministerial Regulation No. 18 (B.E. 2521) issued under the Mineral Royalty Rates Act B.E. 2509.
(3) No. 32(a) mineral, on the mineral list, and mineral royalty rates attached to Ministerial Regulation No.18 (B.E. 2521) issued under the Mineral Royalty Rates Act B.E. 2509.

Section 2 Under this Ministerial Regulation:
“Gems” means diamond, zircon, yellow sapphire, ruby, other sapphires or minerals in the Corundum group, garnet, and black sapphire or minerals in the Spinel group.

“Year” means calendar year.

Section 3 In each year, the Director-General shall post the appraised value of gems in each locality where the Provisional Prathanabat or Prathanabat has been issued.

The appraisal of mineral value under the first paragraph shall be based on the average value of gems obtained from mine operation in an area of one rai in each locality.

Section 4 Royalties on gems shall be collected annually at the rate of ten percent of the appraised value posted by the Director-General under Section 3 by computing on the size of land, which a Provisional Prathanabat holder or a
Prathanabat holder has proposed his intention to mine in that year.

If it appears later that a Provisional Prathanabat holder or a Prathanabat holder operates outside the proposed areas, the royalties on gems for the exceeding area shall be collected altogether.

A petition to operate a mine under the first paragraph shall be done in writing accompanied by a map showing the boundary area within which a mine will be operated in that year, in the area where a Provisional Prathanabat or a Prathanabat has been issued. Additionally, the petition shall be submitted to the Local Mineral Industry Official at the time of royalty payment.

Section 5 Royalties on gems shall be collected in advance every year. The payment shall be made no later than the 31st of January in that year or within thirty days from the date on which the permission to mine is granted. The Local Mineral Industry Official may allow the payment to be paid in two instalments under a bank guarantee.

Given on the 28th day of August, B.E. 2522

Signed by Mr. Prasit Narongdej
The Minister of Industry

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