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(a) In order to be granted a certificate of exemption by the department, the owner or operator of a new mining operation shall record, in the recording district in which the operation is located, a sworn affidavit of initial production showing the location of the new mining operation, the commodities produced, the names of the operators, and the new mining operation's date of initial production. The affidavit must be recorded on a form provided by the Department of Natural Resources, or on a substantially similar form, and must be recorded within 90 days after the date of initial production. Failure to record the affidavit timely may result in forfeiture of any right to the three and one-half year exemption from the mining license tax.
(b) For the purpose of determining the date of initial production, the Department of Natural Resources may examine the mining property and books, papers, records, and other documents relevant or material to initial production.
(c) Upon determination that production has begun on a new mining property, the Department of Natural Resources shall notify the department of:
(1) the date of initial production;
(2) the name of the person operating the mining property;
(3) the type of metal, mineral, or other resource being extracted from the mining property; and
(4) a legal description, lease number or other identifying name or characteristic of the property.
(d) For purposes of this section, the date of initial production is generally considered the date initial shipment of mined materials is transported from the mine for sale or additional non-mining processing. Also, production is considered to begin on the date that the mined product is first exported outside this state. However, the transport and sale of a bulk sample does not in and of itself constitute the beginning of production.
History: Eff. 8/9/86, Register 99
Authority: AS 43.05.080
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Last modified 7/05/2006