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This article has been prepared with the kind assistance from of Chaninat & Leeds a Thailand law firm established in 1997. Chaninat & Leeds specializes in family and business law, land rights and acquisition, company registration, divorce cases and US immigration, including K1 visas for Thais.


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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Section 1 The following are hereby repealed: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 appraisal value of gems in each locality where the Provisional Pratanabat or Pratanabat has been issued.

The appraisement 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 appraisal value posted by the Director-General under Section 3 by computing on the size of land, which a Provisional Pratanabat holder or a Pratanabat holder has shown his intention to mine in that year.

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

An application to operate a mine under the first paragraph shall be done in writing accompanied by a map showing the boundary lines within which a mine will be operated in that year, in the area where a Provisional Pratanabat or a Pratanabat has been issued. Additionally, the application shall be submitted to the Local Mineral Industry office 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 office 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


Ministerial Regulation
No.23 (B.E. 2523)
Issued under the Mineral Royalty Rates Act B.E. 2509

By virtue of Section 4 of the Mineral Royalty Rates Act B.E. 2509 amended by the Mineral Royalty Rates Act (No. 2) B.E. 2520, Section 5 and Section 9 of the Mineral Royalty Rates Act B.E. 2509, and 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, the Minister of Industry has issued the Ministerial Regulation as follows:

Section 1 The following are hereby repealed:
(1) Ministerial Regulation No.18 (B.E. 2521) issued under the Mineral Royalty Rates Act B.E. 2509.
(2) Ministerial Regulation No.20 (B.E. 2522) issued under the Mineral Royalty Rates Act B.E. 2509.

Section 2 Royalties on tin shall be collected at the rates posted by the Director General as follows:13
(1) zero point one percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds three thousand baht, but does not exceed seven thousand baht.
(2) five percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds seven thousand baht, but does not exceed nine thousand baht.
(3) fifteen percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds nine thousand baht, but does not exceed ten thousand baht.
(4) thirty percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds ten thousand baht, but does not exceed fourteen thousand baht.
(5) forty percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds fourteen thousand baht, but does not exceed seventeen thousand baht.
(6) fifty percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds seventeen thousand baht, but does not exceed twenty thousand baht.
(7) sixty percent of the price of tin metal in the ore per sixty kilograms, for the price of tin metal which exceeds twenty thousand baht.

Section 3 Royalties on minerals containing tungstic oxide shall be collected at the rates posted by the Director-General as follows:14

(1) zero point one percent of the price of mineral containing tungstic oxide per picul, for the price of mineral containing tungstic oxide which does not exceed three thousand baht.

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13As amended by the Ministerial Regulation No.30 (B.E. 2528).
14 As amended by the Ministerial Regulation No.33 (B.E. 2529).

 

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