1971 Ed.}
Mining (General) Regulations.
[CAP. 285
29. The premiums and fees set out in the Third Schedule shall be paid in respect of the matters mentioned therein but the Governor in Council may, in his discretion, reduce or remit the amount of any premium or fee so payable.
PART VIII.
ROYALTIES.
30. (1) When any minerals which have been won by the holder of any prospecting or mining licence or mining lease, whether or not by virtue of the licence or lease, are sold or otherwise disposed of by him or on his behalf, there shall become due and payable to the Crown by such holder a royalty of five per cent of the value of such minerals.
(2) The value of minerals for the purpose of determining the amount of royalty payable in respect thereof shall be their value in the condition in which they were when they were sold or otherwise disposed of by or on behalf of the person by whom they were won, less any deductions made under the provisions of paragraph (3).
(3) In determining the amount of royalty payable in respect of any minerals, the Commissioner may, in respect of any process necessary to put the minerals in the condition in which they were when they were sold or otherwise disposed of or in any other respect, make such deductions as he thinks fit from the value of the minerals as determined in accordance with the provisions of paragraph (2).
(4) For the purpose of enabling him to determine the amount of royalty payable in respect of any minerals, the Commissioner may require the licensee or lessee by whom the minerals were won to produce to him such accounts, books, records or documents as he may specify.
(4A) (a) Notwithstanding the provisions of paragraph (1),
where by reason of the fact that the holder of a prospecting or mining licence or mining lease manufactures goods from minerals that he has won under his licence or lease the Commissioner is satisfied that there is no means of assessing the value of such minerals in accordance with paragraph (2), the Commissioner may specify a rate per ton at which royalty shall be payable in respect of such minerals and the period for which it shall be payable and royalty at that rate shall become due and payable to the Crown by such holder.
(b) The holder of a prospecting or mining licence or mining lease who is aggrieved by a decision of the Commissioner, under sub-paragraph (a), as to the rate per ton at which royalty shall be payable in respect of any minerals may appeal by way of petition to the Governor in Council.
A 9
[Subsidiary]
Duty to pay premiums and fees.
Third Schedule.
Royalty. G.N.A. 54/61. L.N. 23/66.
L.N. 23/66.
1971 Ed.}
Mining (General) Regulations.
[CAP. 285
29. The premiums and fees set out in the Third Schedule shall be paid in respect of the matters mentioned therein but the Governor in Council may, in his discretion, reduce or remit the amount of any premium or fee so payable.
PART VIII.
ROYALTIES.
30. (1) When any minerals which have been won by the holder of any prospecting or mining licence or mining lease, whether or not by virtue of the licence or lease, are sold or otherwise disposed of by him or on his behalf, there shall become due and payable to the Crown by such holder a royalty of five per cent of the value of such minerals.
(2) The value of minerals for the purpose of determining the amount of royalty payable in respect thereof shall be their value in the condition in which they were when they were sold or otherwise disposed of by or on behalf of the person by whom they were won, less any deductions made under the provisions of paragraph (3).
(3) In determining the amount of royalty payable in respect of any minerals, the Commissioner may, in respect of any process necessary to put the minerals in the condition in which they were when they were sold or otherwise disposed of or in any other respect, make such deductions as he thinks fit from the value of the minerals as determined in accordance with the provisions of paragraph (2).
(4) For the purpose of enabling him to determine the amount of royalty payable in respect of any minerals, the Commissioner may require the licensee or lessee by whom the minerals were won to produce to him such accounts, books, records or documents as he may specify.
(4A) (a) Notwithstanding the provisions of paragraph (1),
where by reason of the fact that the holder of a prospect- ing or mining licence or mining lease manufactures goods from minerals that he has won under his licence or lease the Commissioner is satisfied that there is no means of assessing the value of such minerals in accordance with paragraph (2), the Commissioner may specify a rate per ton at which royalty shall be payable in respect of such minerals and the period for which it shall be payable and royalty at that rate shall become due and payable to the Crown by such holder.
(b) The holder of a prospecting or mining licence or mining lease who is aggrieved by a decision of the Commissioner, under sub-paragraph (a), as to the rate per-ton at which royalty shall be payable in respect of any minerals may appeal by way of petition to the Governor in Council.
A 9
[Subsidiary]
Duty to pay premiums and fees.
Third Schedule.
Royalty. G.N.A. 54/61. L.N. 23/66.
L.N. 23/66.
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