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Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 6 Penalties
Article 77
Any person who mines without obtaining a mineral right under this Act shall be sentenced to imprisonment for not more than 5 years, short-term imprisonment; in lieu thereof, or in addition thereto, a fine not less than NT$2,000,000 and up to NT$10,000,000 may be imposed.
A representative of a juridical person, or an agent, employee or other working personnel of a juridical person or natural person commits the offense in the preceding Paragraph due to the performance of his/her duties, he/she shall be punished as an actor, and the juridical person or natural person shall also be subject to the fine under the preceding Paragraph
Article 78
In one of the following situations, violator is subject to a fine of not less than NT$1,000,000 and up to NT$5,000,000 and the punishment is applicable to each violation:
1.Violating Paragraph 1 of Article 56 or Paragraph 2 of Article 51, Paragraph 5 of Article 55 applying with the Paragraph 1 of Article 56 mutatis mutandis of failing to implement rehabilitation or disaster prevention measures.
2.Failing to improve or suspend exploration or mining constructions within the time limit notified by the competent authority under Article 65.
3.Violating Paragraph 8 of Article 76 of failing to conduct according to the environmental impact assessment documents or review conclusions stipulated in Subparagraph 1, Paragraph 1 of the same Article.
In the circumstances specified in Subparagraph 2 of the preceding Paragraph and the violator has been punished for three times by the competent authority within 1 year, its mineral right shall be aborted.
Article 79
In one of the following situations, violator is subject to a fine of not less than NT$500,000 and up to NT$2,500,000 and the punishment is applicable to each violation
1.The mineral right holder fails to mine within the approved mining land.
2.Violating Article 68 of selling minerals obtained from exploration without the permission of the competent authority.
As a violator is penalized under the preceding Paragraph, the explored and mined mineral product shall be confiscated. If all or part of the product cannot be or is unproper to be confiscated, the violator shall be charged with equivalent money.
Article 80
In one of the following situations, violator is subject to a fine of not less than NT$500,000 and up to NT$2,500,000 and the punishment is applicable to each violation:
1. Violating Article 12 of failing to operate a mineral right on its own or, without authorization, using a mineral right as being subject to other rights or legal action.
2. Violating Article 13 of assigning and trusting a mineral right without approval of the competent authority.
Article 81
In one of the following situations, violator is subject to a fine of not less than NT$100,000 and up to NT$500,000 and the punishment is applicable to each violation:
1.Failing to stop the constructions of exploration or mining under Paragraph 4 and 5 of Article 50, Paragraph 4, 5 and 6 of Article 76, Paragraph 2 of Article 83.
2.Violating the Article 66 of conducting exploration or mining without an approval to commence the constructions by the competent authority and lack of the mine registration certification issued by the competent authority.
3.Failing to install plans, drawings and logbooks under Paragraph 1 of Article 67.
4.Failing to submit under Paragraph 2 or 3 of Article 67.
5.Failing to submit under Paragraph 4 of Article 67, or submitting false information.
6.Violating the Article 70 of evading, obstructing or refusing the inspection of the competent authority.
7.Failing to comply with the time limit specified in Paragraph 1of Article 76.
8.Violating the Paragraph 8 of Article 76 of failing to conduct according to the response measures approved under the Subparagraph 1, Paragraph 2 of the same Article.