2006年-世界发展银行全球_Mining_Royalties___A_Global_Study_of_Their_Impact_on_Investors_Government_and_Civil_Society_Appendixes_233页_1mb

Appendix A1 Summary: Sample Royalty Provisions from National Laws and Regulations

A1.1 AFRICA

Angola

• Summary: Angola's royalty system is based on a negotiated fiscal regime on a mine-by-mine basis, under Article 15 of the Mining Law No. 1/92.
• Key Points:
  • Royalties are negotiable, with guideline rates of 5% for precious metals, 4% for semi-precious stones, 3% for metallic minerals, and 2% for other minerals.
  • Royalties can be paid in kind and are considered operating costs, paid monthly.
  • The royalty is based on the value of run-of-concentrate or run-of-mine, depending on negotiations.

Botswana

• Summary: Mineral royalties are governed by the Mines and Minerals Act No. 17 of 1999 and the Model Mineral Agreement. The government owns all minerals.
• Key Points:
  • Royalty rates are set at 10% for precious stones and petroleum, 5% for semi-precious stones, precious metals, coal, and radioactive minerals, and 3% for other minerals.
  • Royalties are calculated based on the gross market value "at the mine gate".
  • The Minerals Commission determines the final royalty rate, which can be negotiated.
  • There are provisions for royalty remission, deferment, and exemptions for samples.
  • A Minerals Development Fund collects 20% of royalties, shared with local and land-owning authorities.

Ghana

• Summary: The royalty system is outlined in the Mining and Minerals Law of 1986 and the Mineral (Royalties) Regulations of 1987.
• Key Points:
  • Royalties are between 3% and 12% of total revenue, based on the operating ratio (OR).
  • The operating ratio is calculated as the operating margin divided by the total value of minerals.
  • Royalty rates vary depending on the operating ratio:
    • 3% for OR ≤ 30%
    • 3% + 0.225% for each 1% above 30%
    • 12% for OR ≥ 70%
  • Royalties are paid quarterly at 3%, with an end-of-year reconciliation to adjust for actual OR.
  • Royalties can be deferred or remitted with government approval.
  • A Minerals Development Fund collects 20% of royalties for local communities.
  • Special mining agreements can be negotiated, as seen in the case of Newmont's Ahafo and Akyem operations.

Mozambique

• Summary: The Mining Law No. 14 of 2002 and its Regulations Decree No. 28 of 2003 define royalty rates.
• Key Points:
  • Royalties are referred to as production tax and are based on gross income.
  • Rates for diamonds range from 10% to 12%; for other minerals, from 3% to 8%.
  • The Council of Ministers determines the final rates.
  • Royalties are payable to the state, with some portion directed to local governments.
  • Small-scale producers are exempt from production tax under Article 29.

A1.2 ASIA/PACIFIC

China

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • China's royalty system is governed by various regulations, but specific details are not included in the text.

India

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • India's royalty system is governed by specific laws and regulations, but no detailed provisions are included in the text.

Indonesia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Indonesia has laws regulating mineral royalties, but specific details are not included in the text.

Mongolia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Mongolia's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Myanmar

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Myanmar has laws on mineral royalties, but specific details are not included in the text.

Papua New Guinea

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Papua New Guinea's royalty system is outlined in its legislation, but no detailed provisions are included in the text.

Philippines

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • The Philippines has laws governing mineral royalties, but specific details are not included in the text.

A1.3 AUSTRALIA

New South Wales

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • New South Wales has laws on mineral royalties, but no detailed provisions are included in the text.

Northern Territory

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • The Northern Territory has its own royalty system, but specific details are not included in the text.

Queensland

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Queensland's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Western Australia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Western Australia has laws on mineral royalties, but specific details are not included in the text.

A1.4 EUROPE

Finland

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Finland has laws on mineral royalties, but no detailed provisions are included in the text.

Russia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Russia's royalty system is governed by its mineral legislation, but specific details are not included in the text.

A1.5 LATIN AMERICA

Argentina

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Argentina has laws on mineral royalties, but no detailed provisions are included in the text.

Bolivia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Bolivia's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Brazil

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Brazil has laws on mineral royalties, but specific details are not included in the text.

Chile

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Chile's royalty system is governed by its mineral legislation, but no detailed provisions are included in the text.

Cuba

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Cuba has laws on mineral royalties, but specific details are not included in the text.

Dominican Republic

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • The Dominican Republic has laws on mineral royalties, but no detailed provisions are included in the text.

Mexico

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Mexico's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Peru

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Peru has laws on mineral royalties, but specific details are not included in the text.

Venezuela

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Venezuela's royalty system is governed by its mineral legislation, but no detailed provisions are included in the text.

A1.6 NORTH AMERICA

Arizona

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Arizona has laws on mineral royalties, but no detailed provisions are included in the text.

British Columbia

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • British Columbia's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Michigan

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Michigan has laws on mineral royalties, but specific details are not included in the text.

Nevada

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Nevada's royalty system is governed by its mineral legislation, but no detailed provisions are included in the text.

Northwest Territories

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • The Northwest Territories have laws on mineral royalties, but no detailed provisions are included in the text.

Ontario

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Ontario's royalty system is part of its broader mineral legislation, but no detailed provisions are included in the text.

Saskatchewan

• Summary: Not detailed in the extract, but general information on mineral royalties is provided.
• Key Points:
  • Saskatchewan has laws on mineral royalties, but specific details are not included in the text.