12 January 2010

Minerals Act B.E. 2510
_________

BHUMIBOL ADULYADEJ. REX.
Given on the 26th day of December, B.E. 2510
Being the 22nd year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

whereas it is deemed expedient to revise the law on minerals, be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly in its capacity as the parliament as follows:

Section 1. This Act shall be called the “Minerals Act B.E. 2510”.

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.¹

Section 3. The following are hereby repealed:
(1) Mining Act B.E. 2461
(2) Royal Proclamation extending the enforcement of the Mining Act B.E. 2461 to include precious stones dated 13th September, B.E. 2464
(3) Mining (Amendment) Act, B.E. 2474
(4) Mining Act (No. 3), B.E. 2479
(5) Mining Act (No. 4), B.E. 2479
(6) Mining Act (No. 5), B.E. 2483
(7) Mining Act (No. 6), B.E. 2483
(8) Mining Act (No. 7), B.E. 2484
(9) Mining Act (No. 8), B.E. 2485
(10)Act on Procedure for Collecting Mineral Royalties, B.E. 2486
(11)Mining Act (No. 9), B.E. 2506
(12)Mining Act (No. 10), B.E. 2509

All other laws, rules and regulations in so far as they are stipulated herein or are contrary to or inconsistent with the provisions hereof shall be superseded by this Act.

Section 4. In this Act:
“Minerals” mean resources which are inorganic matters, having permanent or slightly varied chemical components and physical properties, whether or not they require smelting or refining before being put to use, and include coal, oil shale, marble, metals and slags obtained from metallurgical processes, underground brine, rock which is prescribed by a Ministerial Regulation as dimensional stone or industrial rock, and
clay or sand which is prescribed by a Ministerial Regulation as industrial clay or industrial sand, but does not include water, salt efflorescence, lateritic soil, rock, clay or sand;
(As amended by Section 3. of the Minerals Act No.4. B.E. 2534)

“Underground Brine” means salt solution that occurs naturally underground and contains salt concentration with the content higher than the amount prescribed in a Ministerial Regulation;
(As amended by Section 4. of the Minerals Act No.4. B.E. 2534)

“Prospecting” means drilling or pitting or any distinct method or combined methods to appraise the quantity, if any, of minerals within an area;

“Mining” means the operation undertaken on land or underwater to obtain minerals from an area by any other method or combined methods, but does not include underground brine drilling in accordance with Chapter 5 bis, and artisanal mining or ore panning for minerals as prescribed by a Ministerial Regulation;
(As amended by Section 4. of the Minerals Act No.4. B.E. 2534)

“Underground Mining” means the mining operation undertaken by shaft sinking or tunnelling to the depth below ground surface to obtain minerals from underground;
(As amended by Section 3. of the Minerals Act No.5. B.E. 2545)

“Drilling for Underground Brine” means the operation undertaken on land or underwater to obtain underground brine from an area, but does not include mining of rock salt by means of solution method;
(As amended by Section 4. of the Minerals Act No.4. B.E. 2534)

“Artisanal Mining” means the operation undertaken on land or underwater to obtain minerals from an area by using individual labourer, in accordance with the kind of minerals within the area and by means of digging methods prescribed by a Ministerial Regulation;
(As amended by Section 4. of the Minerals Act No.4. B.E. 2534)

“Ore Panning” means the operation undertaken on land or underwater to obtain minerals from an area by using individual labourer, in accordance with the kind of mineral, within the area, and by means of panning methods prescribed by a Ministerial Regulation;

“Mineral Processing” means any operation to upgrade a mineral or to separate from each other two or more minerals in mixed ore, which includes crushing, comminuting, and sizing of minerals;

“Purchase Minerals” means to accept the transfer of minerals by any means from another person except by way of legal succession;

“Sell Minerals” means to transfer minerals by any means to another person;

“Possession of Minerals” means any purchase, ownership, hold, or receipt of minerals by any means, whether or not for himself or others;
(Added by Section 3. of the Emergency Decree amending the Minerals Act, B.E. 2528)

“Mining Boat” means a boat or raft equipped with equipment, tools, or appliances for mining or mineral processing, to be used in that boat or raft;
(Added by Section 3. of the Emergency Decree amending the Minerals Act, B.E. 2528)

“Mineral Restricted Area” means the area where the Minister announced that it is a Mineral Restricted Area;
(Added by Section 3. of the Emergency Decree amending the Minerals Act, B.E. 2528)

“Director” means the director of a Mineral Restricted Area;
(Added by Section 3. of the Emergency Decree amending the Minerals Act, B.E. 2528)

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1 Government Gazettes (special issue) Vol. 84, Part 129, Page 1, Dated 31st. December B.E. 2510.