(4) Other Kinds of Minerals
a. The price of minerals other than those under (1), (2), and (3) and
minerals otherwise prescribed by ministerial regulations shall be
posted at the price per metric ton, depending upon the type and
nature of such minerals, based on the latest average price in
Bangkok, where the transactions are made.
b. In case of mineral production for domestic industries, inventions,
or energy other than metallurgical works, the price shall be posted
based on the domestic average buying prices of the consumers
depending upon the type and nature of such minerals.
c. Whenever the latest posted price of any kinds and forms of
mineral, being less than one thousand baht per metric ton,
fluctuates over or under the posted price in excess of thirty baht
per metric ton, it shall be re-posted.
d. Whenever the latest posted price of any kinds and forms of
mineral, being from one thousand baht and up to ten thousand baht
per metric ton, fluctuates over or under the posted price in excess
of fifty baht per metric ton, it shall be re-posted.
e. Whenever the latest posted price of any kinds and forms of
mineral, being more than ten thousand baht per metric ton,
fluctuates over or under the posted price in excess of four hundred
baht per metric ton, it shall be re-posted.
Section 3 Determination of the rates for currency exchange in order to calculate
the mineral market prices shall be prescribed as follows:11
(1) In the case that the par value of the baht is prescribed, it shall be applied
as the set value in calculating the rate for currency exchange. A fraction
of one satang shall be discarded.
(2) In the case that the par value of the baht is not prescribed, the average of
the current buying and selling rates of such foreign currency posted daily
by the Exchange Equalization Fund shall be applied in calculating the rate
for currency exchange.
Section 4 Procedures for the control of payment of mineral royalty shall be
prescribed as follows: 12
(1) Payment of Royalties on Tin shall be collected according to its actual
metal content based on the result of analysis carried out by the
Department of Primary Industries and Mines or a tin smelting plant, or an
institute approved by the Department of Primary Industries and Mines.
In case tin analysis has not yet been carried out, the principle to be
based on shall be such that tin content is seventy-two percent except
where a certificate is issued by the Department of Primary Industries and
Mines to the effect that tin content does not exceed fifty percent or not exceed thirty-five percent, in such case it shall first be assumed that the
tin content is fifty percent or thirty-five percent, as the case may be.
(2) Payment of Royalties on Tantalite and Columbite compounds shall be
collected according to the content of tantalum pentoxide compound 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 that the analysis of tantalite and columbite compounds has not
yet been carried out, the principle shall be based on such that tantalum
pentoxide compound content is thirty percent, except when a certificate is
issued by the Department of Primary Industries and Mines that tantalum
pentoxide compound content does not exceed twenty percent or not
exceed ten percent, in that case it shall first be assumed that the tantalum
pentoxide compound content is twenty percent or ten percent, as the case
may be.
(3) Payment of Royalties on slag containing Columbium Pentoxide or
Tantalum Pentoxide or combination of both shall be collected at the
rates prescribed under (2) (a) of (3 quarter.) 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 the case that the analysis of the slag containing columbium
pentoxide or tantalum pentoxide or combination of both has not yet been
carried out, the principle shall be based on such that tantalum pentoxide
compound content is thirteen percent, except when a certificate is issued
by the Department of Primary Industries and Mines that tantalum
pentoxide compound content does not exceed eight percent or not exceed
five percent, in that case it shall first be assumed that tantalum pentoxide
compound content in slag containing columbium pentoxide or tantalum
pentoxide, or combination of both, is eight percent or five percent, as the
case may be.
(4) Payment of Royalties on Lead shall be collected according to its actual
lead content 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 the case that lead analysis has not been carried out, the principle
shall be based on such that lead content is eighty percent, except when a
certificate is issued by the Department of Primary Industries and Mines
that lead content does not exceed sixty-five percent or not exceed fifty
percent or not exceed thirty-five percent, in that case it shall first be
assumed that the lead content is sixty-five percent or fifty percent or
thirty-five percent, as the case may be.
(5) Payment of Royalties on Zinc shall be collected according to actual zinc
content 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 the case that zinc analysis has not yet been carried out, the principle
shall be based on such that zinc content is fifty percent, except when a
certificate is issued by the Department of Primary Industries and Mines
that zinc content does not exceed forty percent or not exceed thirty percent, in that case it shall first be assumed that the zinc content is forty
percent or thirty percent, as the case may be.
(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 Decorative Granite shall be collected
according to the quantity of minerals, rocks, earth, or sand that a
Pratanabat holder shall obtain from mining operations in a six-month
period, in which the Pratanabat holder indicates his intention to operate a
mine.
The royalty on marble or decorative 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 the 31st of January, and the
second instalment shall be paid no later than the 31st of July of that year.
A person wishing to operate a mine under the first paragraph shall
apply in writing accompanied by a map showing the boundary lines
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 the 1st of January of that year, and submit
them to the Local Mineral Industry office at the time each instalment of
mineral royalty is paid.
If it appears later that, during a six-month period of mine operation, a
Pratanabat 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
The Minister of Industry
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11 As amended by the Ministerial Regulation No. 19 (B.E. 2522).
12 As amended by the Ministerial Regulation No. 22 (B.E. 2523) and added by the Ministerial
Regulation No. 36 (B.E. 2529), No. 46 (B.E. 2536), and No. 51 (B.E. 2538). |
