For a fiscal year that begins after June 30, 2016

An operator that, during the fiscal year:

• is not developing any mineral substance in reasonable commercial quantities; 
• is not associated with an entity that develops a mineral substance in reasonable commercial quantities in the year.

For a fiscal year that begins before July 1, 2016

An operator that is not developing any mineral substance in reasonable commercial quantities at the end of the fiscal year and that, during the fiscal year, is not associated with an entity that develops a mineral substance in reasonable commercial quantities in the year.