Goto Main Content
:::

Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 5 Supervision and Promotion of Mining
Article 65
In one of the following situations, the competent authority shall notify the mineral right holder to improve within a specified time limit or temporarily suspend the exploration and mining project
1.Failing to comply with the conceptualized exploration plans and drawings, conceptualized mining plans and drawings or mining construction plans and drawings to conduct constructions of exploration or mining.
2.Failing to implement according to mine environment maintenance plan or annual mining construction plans and drawings.
3.Mining work is damaging mineral resources or harmful to the safety of mining workers.
4.Mining projects determined by the competent authority to be harmful to public interests.
If the mining land has passed the review of the environmental impact statement or assessment report, the competent authority shall, in conjunction with the central competent authority of environmental protection, conduct the supervision and inspection of the mining constructions.
Article 66
After registration of mineral rights, the Mineral right holder shall file with the competent authority for commencing of work by submitting a mine commencement application form, mine office photos, the annual construction plans and drawings, detail lists of mining equipments and facilities inside and outside the mine portal, as well as certificates of appointing a responsible person at the mine, selecting key technicians, and purchasing or leasing of the mining land. The competent authority will then permit operation and issue a mine registration certificate after inspection and approval the documents.
Article 67
After obtaining the mine registration certificate under the preceding Article, the mineral right holder shall install the annual construction plans and drawings, the exploration and mining survey map and a mining logbook at the exploration or mining sites.
The mineral right holder mentioned in the preceding Paragraph shall submit annual construction plans and drawings to the competent authority every January.
The annual construction plans and drawings shall integrate the mining situation of the previous year, the construction survey map of the previous year, and describe the construction plan for such year and other matters stipulated by the competent authority.
The mineral right holder mentioned in the Paragraph 1 shall submit a mining logbook to the competent authority before the tenth day of each month. However, if there is a good reason and the competent authority approves, the submission could be exempted.
Article 68
Minerals obtained during exploration operation shall not be sold without the permission of the competent authority. .
Article 69
The conceptualized exploration plans and drawings, the conceptualized mining plans and drawings, the mineral concession map, the exploration and mining survey map, the mining and construction plans and drawings and the annual construction plans and drawings, the sampling plans and drawings, the new and old mineral concession map, the shutdown plan of mine, and the other documents announced by the competent authority shall be certified by a professional mining engineering technicians registered under the professional engineering Act. However, the documents attached to the open-pit mine may be certified by legally registered practicing mining engineering technicians or other relevant professional technicians.
The mine environmental maintenance plan shall be certified by a legally registered practicing environmental engineering technician or other relevant professional technicians.
If the mineral right holder is a government authority or a state-owned enterprise, the certification in the preceding 2 paragraphs may be certified by the employees who have legally technician certificate of the relevant discipline of such authority or enterprise.
Article 70
The competent authority may dispatch personnel to inspect mining-related mining logbook, records or equipment, and the mineral right holder shall not evade, obstruct or refuse such inspection.
Article 71
When a survey of adjacent mineral concession is needed due to an accident, the mineral right holder or stakeholders may request the competent authority for joining an in-situ survey with the mineral right holder.
When the competent authority conducts a survey at the request from an applicant to the mineral claimed area or mineral concession, the applicant shall pay the expense incurred.
Article 72
To explore for a mineral deposit of an area, the competent authority may set up a exploration institute or commission other related parties to conduct the exploration.
Article 73
In order to assist in mining operation, the competent authority may provide assistance in land secure, funds raising, equipment procurement, human resources training and techniques development.
Article 74
Any machinery, equipment, or material used solely for offshore petroleum and natural gas exploration or drilling shall be exempted from import duty.
The categories of such machinery, equipment, and materials under preceding Paragraph shall be jointly determined by the competent authority and the Ministry of Finance.
Article 75
Holders of offshore petroleum and natural gas mining rights shall establish a safety zone for the necessary equipment and installation used in the exploration and drilling activities in the maritime drilling area.
The necessary equipment, installation and safety zone under preceding Paragraph shall not affect international navigation safety.
The established equipment, installation and safety zone under Paragraph 1 shall be properly announced and marked with warning signs to indicate their existence.
Article 76
As to the mining land approved before October 20, 1995 without having conducted any environmental impact assessment and with an area larger than 2 hectares, the mineral right holder shall conduct according to the following provisions:
1. If its annual average production amount over the past 5 years is not less than 50,000 tons or it is located in protection forests or tap water’s water quality/water volume protection areas, the mineral right holder shall apply mutatis mutandis Article 5 and related provisions of the Environmental Impact Assessment Act to conduct environmental impact assessment within 3 years from the implementation date of the provisions of this Act amended on May 26, 2023.
2. If its annual average production amount over the past 5 years is less than 50,000 tons and it is not located in protection forests or tap water’s water quality/water volume protection areas, the mineral right holder shall apply mutatis mutandis Article 28 and related provisions of the Environmental Impact Assessment Act to conduct the survey and analysis of environmental impact and submit response strategies which it shall strictly implement after the approval of central competent authority of environmental protection within 5 years from the implementation date of the provisions of this Act amended on May 26, 2023.
The mineral right holder who conducts environmental impact assessment under preceding Paragraph may continue to conduct the constructions of exploration or mining and shall conduct mine operation management, soil and water conservation treatment, environment maintenance and related safety measures in accordance with relevant laws and regulations during the period of submission and review of relevant information.
If the mineral right holder fails to conduct within the period prescribed under Paragraph 1 and is penalized and ordered to conduct within a time limit specified by the competent authority under Subparagraph 7 of Article 81, and fails to do so within such specified time limit, the approval of such mining land shall be aborted.
After the mineral right holder conducts the environmental impact assessment of original approved mining land under Subparagraph 1 of Paragraph 1 and the central competent authority of environmental protection reviews and decides that it shall continue to conduct a phase II environmental impact assessment, the mineral right holder shall prepare a draft environmental impact assessment report and submit it to the competent authority within 3 years from the day following the date of delivery of review conclusion. However, in special situation, such time limit may extend once before the expiration date and after the approval of competent authority. The extension period shall not be longer than 1 year. If failing to submit within the time limit, the constructions of exploration or mining shall be stopped from the expiration date.
After the mineral right holder conducts the environmental impact assessment of original approved mining land under Subparagraph 1 of Paragraph 1 and the central competent authority of environmental protection notifies the competent authority that it decides that development shall not be allowed or its supplement and amendment does not comply relevant provisions, the mineral right holder shall stop the constructions of exploration or mining from the date of notification of competent authority and conduct pursuant to following provisions:
1.In the situation that it is decided that the development shall not be allowed, the mineral right holder may submit alternative project for another review under Subparagraph 1 of Paragraph 1 within 1 year from the day following the date of delivery of review conclusion. If failing to submit within the time limit, or if the central competent authority of environmental protection notifies the competent authority that its supplement and amendment does not comply relevant provisions or it still decides that the development shall not be allowed after reviewing submitted alternative project, the approval of such mining land shall be aborted.
2. In the situation that the supplement and amendment does not comply relevant provisions, the mineral right holder may submit for another review under Subparagraph 1 of Paragraph 1 within 1 year from the day following the date of notification of competent authority. If failing to conduct within the time limit, or if the central competent authority of environmental protection notifies the competent authority that its supplement and amendment still does not comply relevant provisions or it decides not to pass after review, the approval of such mining land shall be aborted.
If the mineral right holder conducts the survey and analysis of environmental impact and submit response strategies under Subparagraph 2 of Paragraph 1 and the central competent authority of environmental protection notifies the competent authority that its supplement and amendment does not comply relevant provisions, the mineral right holder shall stop the constructions of exploration or mining since the date of notification of the competent authority and may resubmit the application under Subparagraph 2 of Paragraph 1 from the day following the date of notification of the competent authority.
As the mineral right holder stops the constructions of exploration or mining under the preceding 3 paragraphs, only until the central competent authority of environmental protection reviews its environmental impact assessment and concludes that it is passed, or approves its survey, analysis and response strategies, the mineral right holder may apply to resume the constructions of exploration or mining.
The mineral right holder shall conduct according to environmental impact assessment forms and documents and contents of review conclusion under Subparagraph 1 of Paragraph 1 or response strategies approved by the central competent authority of environmental protection under Subparagraph 2.