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Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Mineral Right
Section 3 Change, Transfer and Extinction of Mineral Right
Article 38
When applying for decreasing, combining or severing of the approved mineral concession, the mineral right holder shall submit application form, new and old mineral concession plan and reason statement to the competent authority. The area of the mineral concessions shall be still subject to the restriction of Article 9.
The processing of the application in the preceding Paragraph shall be in accordance with Article 20, mutatis mutandis.
Article 39
When requiring excavation into adjacent mineral concession due to the location or shape of a mineral deposit, the mineral right holder may negotiate with the adjacent mineral right holder to obtain a consent letter and jointly apply with the adjacent mineral right holder to the competent authority for mineral concession adjustment with the consent letter and mineral deposit explanation plans and drawings and relevant plans and drawings. The area of mineral concession shall be still subject to the restriction of Article 9.
When requiring drilling a well or excavating a shaft or tunnel through adjacent mineral concession due to the location or shape of a mineral deposit, the mineral right holder may negotiate with the adjacent mineral right holder to obtain a consent letter and apply to the competent authority for approval of construction with the consent letter and construction drawings and its explanation.
Article 40
The transfer of a mineral right shall be made in writing and apply to the competent authority in accordance with the following requirements:
1. Transfer due to inheritance shall be applied by the successor.
2. Transfer due to assignment shall be applied by the assignee and the mineral right holder jointly.
3. Transfer due to compulsory execution shall be applied by the creditor.
4. Transfer due to entrustment shall be applied jointly by the trustee and the mineral right holder.
At transfer of a mineral right, the rights and obligations imposed on the mineral right holder related to the mineral right shall be transferred together.
Article 41
After the mineral right holders, the responsible persons of judicial persons, agents, employees or other relevant persons of the mineral right holders have been convicted of the crimes of Offenses of Forging Instruments or Seals Chapter, Article 339 or Article 339-4 of the Criminal Code in obtaining a mineral right through such illegal methods and have been thus sentenced to fixed-term imprisonment or heavier punishment without pronouncement of probation or commuted-fine by a final and binding judgment of the court, the competent authority shall, ex office or upon application filed by interested parties, revoke the mineral right.
Article 42
As a mineral right holder has one of the following situations, the competent authority shall abort its mineral right:
1.Failing to commence work within 2 years after registration of mineral right or stop work intermediately for more than one year; however, with a good reason and an approval of the competent authority, the punishment shall be exempted.
2. The operation of mining is impeding public interest which is un-reparable.
3.Failng to pay the mineral right fee or mineral royalty for more than 1 year.
If the recognition of the good reason provided by the proviso of Subparagraph 1 in the preceding Paragraph involves the matters of indigenous peoples, the competent authority shall consult with local or central competent authorities of indigenous peoples for their opinions.
Article 43
As a mineral right has one of the following situations, except those situations provided under Paragraph 1 of Article 46, the competent authority shall make extinction registration if:
1. Mineral right is revoked or aborted by the competent authority in accordance with the provision of the Act.
2. Mineral right holder voluntarily applies to abort the mineral right and the competent authority approves such application within the validity period of the mineral right.
3. Mineral right holder fails to apply for renewal of the mineral right in accordance with the provision of this Act and the period of the mineral right also expires.
4. Renewal application made by the mineral right holder in accordance with the provisions of this Act is dismissed by the competent authority or is voluntarily withdrawn and the period of mineral right also expires.
The registration of mortgage extinction shall be made concurrently along with the registration of mining right extinction.
Article 44
After a mineral right is revoked, aborted or voluntarily aborted, the original mineral right holder shall dispose the property and equipment by itself within 1 year from the date of extinction registration; however, additional one-year extension may be granted by the competent authority under special condition of no harm to the mineral interest.
After extinction of a mineral right, the original right holder, for mineral interest protection or hazard prevention, shall not freely dispose the equipment without the approval of the competent authority, and shall still comply with Mine Safety Act and its regulations.