eSwatini
Mineral Rights Taxation Order, 1973
Kings Order in Council 34 of 1973
- Assented to on 12 September 1973
- There are multiple commencements
- [This is the version of this document at 1 December 1998.]
| Provisions | Status |
|---|---|
| Section 1–2, section 5–10 | commenced on 10 May 1973. |
| Section 3–4 | commenced on 1 July 1973. |
1. Short title and commencement
This King’s Order-in-Council may be cited as the Mineral Rights Taxation Order, 1973 and shall be deemed to have come into force on the 10th of May, 1973, except for sections 3 and 4 which shall be deemed to have come into force on the 1st of July, 1973.2. Interpretation
In this Order, unless the context otherwise requires—“capital gain” means the amount remaining after deducting the actual unrecovered capitalized costs incurred by a holder in the acquisition of the mineral right held by him from the total amount of money or the value of any other consideration of any kind whatsoever received by, or accruing to or in favour of or for the benefit of any person from the sale, exchange, cession, assignment, transfer or other disposal of such mineral right, as the case may be;“Collector” means the Collector of Income Tax appointed under the Income Tax (Consolidation) Act No. 84 of 1959 for the administration of that law and shall include an Assistant Collector of Income Tax;“holder” means the holder of a mineral right to whom such right was granted in the first instance and includes any person in whom such right or part thereof has become lawfully vested by sale, exchange, cession, assignment, transfer or other disposal;“mineral right” includes a mineral concession, or a right granted by the Ngwen-yama to mine or to prospect for precious or base metals, precious stones or other minerals or mineral products and includes all types of licences, locations, leases and similar agreements;“mineral concession” means a concession confirmed under the provisions of the Concessions Act No. 3 of 1904 giving a right to precious or base metals precious stones, other minerals or mineral products on any piece of land, and where the area subject to any such concession has been subdivided, shall include the title to any subdivision thereof, and shall be deemed to include any agreement, special authority or lease made prior to the coming into force of this Order conferring a right to prospect or mine for a period (including a right of renewal) of not less than ten years, but shall not include any concession vested in the Ngwenyama in trust for the Swazi Nation;“mineral” and “minerals” mean all substances (including mineral oils) which can be obtained from the earth by mining, digging, dredging, hydraulicking, quarrying or other operations for purposes of profit, and without affecting the generality of the aforegoing includes—(a)metalliferous ores and other substances in their natural state which, are obtainable only by mining or in the course of prospecting operations;(b)metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations;(c)the valuable parts of such ores and other substances for marketing or export;(d)the product of treating or dressing such ores or other substances for marketing or export; but shall not include clay (other than kaolin), limestone, shale, laterite, sand, gravel, stone, chalk, slate and any such other common mineral substance as the Ngwenyama may by notice in the Gazette declare not to be minerals for the purposes of this Order, used as construction or building material;“Minister” means the Minister for Finance;“mineral rights tax” means the tax mentioned in section 3(1);“tax year” means the period 1st July through the following 30th June inclusive;“unrecovered capitalised costs” means all capital costs to the extent that such costs have not been redeemed, depreciated, amortised or otherwise allowed as deduction in the computation of such income as is subject to income tax in Swaziland prior to the date of the disposal of a mineral right.3. Provision for a mineral rights tax
4. Repeal of sections 108-110 inclusive of the Mining Proclamation (Cap. 145)
Sections 108-110 inclusive of the Mining Proclamation (Cap. 145) are hereby repealed.5. Capital gains tax
6. Amendment of section 3 of the Transfer Duty Act No. 8 of 1902
Section 3 of the Transfer Duty Act No. 8 of 1902 is amended by the addition of the following proviso thereto:7. Exemptions
The Minister may in his sole discretion exempt any person from, or remit to him, any tax payable or paid by him under this Order, in whole or in part, if he is of the opinion that the payment of such tax operates unduly harshly on the person concerned or that it would be in the best interests of Swaziland so to do.8. Offences
9. Regulations
The Minister may make such regulations as he deems necessary for the better carrying out of the purposes of this Order, and in particular but without affecting the generality of the aforegoing may—10. Recovery of tax
Section 60(1), (2) and (3) of the Income Tax (Consolidation) Act No. 84 of 1959 shall mutatis mutandis apply to the recovery of the mineral rights tax and capital gains tax payable by any person in terms of this Order.History of this document
01 December 1998 this version
Consolidation
12 September 1973
Assented to
01 July 1973
Commenced
10 May 1973
Commenced