The department is hereby vested with full and complete power and control over all mining in the phosphate territory belonging to this State and over all persons digging or mining phosphate rock or phosphatic deposit in the navigable streams and waters or in the marshes thereof, with full power and authority, subject to the provisions of Sections 10-9-130 and 10-9-190 to fix, regulate, raise, or reduce such royalty per ton as shall from time to time be paid to the State by such persons for all or any such phosphate rock dug, mined, removed, and shipped or otherwise sent to the market therefrom. Six months' notice shall be given all persons at such time digging or mining phosphate rock in such navigable streams, waters, or marshes before any increase shall be made in the rate of royalty theretofore existing.
HISTORY: 1962 Code Section 1-372; 1952 Code Section 1-372; 1942 Code Section 2218; 1932 Code Section 2218; Civ. C. '22 Section 155; Civ. C. '12 Section 148; Civ. C. '02 Section 141; R. S. 98; 1897 (22) 504; 2014 Act No. 121 (S.22), Pt V, Section 7.M, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7,M, substituted "department" for "board"; in the last sentence, deleted "But" before "six"; and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Title 10 - Public Buildings and Property
Chapter 9 - Minerals And Mineral Interests In Public Lands
Section 10-9-10. Leases of gas, oil, and certain other minerals.
Section 10-9-20. Minimum royalty.
Section 10-9-35. Disposition of revenues received from offshore oil leases.
Section 10-9-40. Authority conferred by article is cumulative.
Section 10-9-120. Protection of the state's interest against adverse claimants.
Section 10-9-130. Department may issue leases or licenses; notice of applications.
Section 10-9-140. Department may grant or refuse application for license.
Section 10-9-150. Bond of licensee.
Section 10-9-160. Additional security to bonds may be required.
Section 10-9-170. Proceeding for relief of sureties; new bond and its effect.
Section 10-9-180. Power to fix and change rates for digging phosphate.
Section 10-9-190. Returns of rock mined; payment of royalty; rate of royalty.
Section 10-9-200. Comptroller General notified of licenses issued.
Section 10-9-210. Mining without license; penalty.
Section 10-9-220. Purchasing or receiving from unlicensed person.
Section 10-9-230. Penalty for violation of Section 10-9-220.
Section 10-9-240. Department may take measures to prevent interference, obstruction, or molestation.
Section 10-9-260. Interfering with State, department, or licensees; mining without license.
Section 10-9-270. Annual report to General Assembly.