The royalty determination date for determining the royalty rate applicable to a mineral is:
(a) the day ownership in the mineral is first transferred while in the Territory in a genuine sale on arm's length terms; or
(b) if ownership in the mineral is not transferred while in the Territory in a genuine sale on arm's length terms – the later of the following:
(i) the day the mineral leaves the mining operation from which the mineral was extracted;
(ii) the day the mineral receives its last treatment in the Territory.
Example for section 8 (b)(ii)
Copper ore is extracted but is not transferred while in the Territory in a genuine sale on arm's length terms. It is given secondary treatment in the Territory. As a result, the royalty determination date is the day the copper ore becomes copper concentrate. The royalty rate would be 5.0% for copper concentrate.