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Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 1 General
Article 1
This Act is enacted to reasonably utilize national mineral resources while securing sustained economic, environmental and cultural development, safeguarding the rights of the people and boosting social welfare.
Article 2
All mineral ownerships within the territory, exclusive economic marine zone and continental shelf of the Republic of China are owned by state and shall not be exploited unless a mineral right thereof has been acquired pursuant to this Act.
Article 3
The minerals referred hereunder include the following:
1. Gold minerals
2. Silver minerals
3. Copper minerals
4. Iron minerals
5. Tin minerals
6. Lead minerals
7. Antimony minerals
8. Nickel minerals
9. Cobalt minerals
10. Zinc minerals
11. Aluminum minerals
12. Mercury minerals
13. Bismuth minerals
14. Molybdenum minerals
15. Platinum minerals
16. Iridium minerals
17. Chromium minerals
18. Uranium minerals
19. Radium minerals
20. Tungsten minerals
21. Manganese minerals
22. Vanadium minerals
23. Potassium minerals
24. Thorium minerals
25. Zirconium minerals
26. Titanium minerals
27. Strontium minerals
28. Sulfur and Pyrite
29. Phosphate minerals
30. Arsenic minerals
31. Quartz crystal
32. Asbestos
33. Mica
34. Gypsum
35. Salt
36. Aluminite
37. Diamond minerals
38. Natural Alkali
39. Baryte
40. Chile saltpeter
41. Glauber’s salt
42. Borax
43. Graphite
44. Beryl
45. Fluorspar
46. Fireclay
47. Talc
48. Feldspar
49. Kaolin
50. Marble & Calcite
51. Magnesium & Dolomite
52. Coal
53. Petroleum & Oil Shale
54. Natural Gas
55. Gem & Jade
56. Abrasives
57. Mineral Pigments
58. Limestone
59. Serpentine
60. Silica Sand
61. Other minerals designated by the Executive Yuan
Criteria on establishing of mineral rights for the aforementioned minerals in the preceding Paragraph may be announced by the competent authority as required.
Article 4
Terminology used in the Act is defined as follows:
1. Mining industry- refers to business entities engaged in exploration, mining and the auxiliary mineral processing and smelting.
2. Exploration- refers to exploring for mineral resources and mineral reserves of a deposit and evaluating of its economic values.
3. Mining- refers to extracting a mineral for its economic and reasonable utilization.
4. Mineral right applicant: refers to the natural or juridical person applying for establishing a mineral right.
5. Exploration right applicant - refers to the natural or juridical person applying for establishing a right to explore for a mineral deposit.
6. Mining right applicant- refers to the natural or juridical person applying for establishing a right to mine a mineral deposit.
.7. Mineral right – refers to the exploration right or mining right..
8. Mineral right holder- refers to the natural or juridical person holding a exploration right or mining right.
9. Mineral concession – refers to the recorded area where a mineral right has been granted pursuant to this Act. Boundary of a mineral concession is the surface border bounded by stakes and down vertically.
10. Mineral claimed area- refers to the staked area applied for exploring for or mining minerals.
11. Exploration claimed area- refers to the staked area where an exploring right is applied to establish.
12. Mining claimed area- refers to the staked area where a mining right is applied to establish.
13. Mining land- refers to the land approved for the use of actual mining operations
Article 5
The competent authority under the Act is Ministry of Economic Affairs (MOEA). In executing the affairs specified under the Act, MOEA may designate an agency specifically responsible for execution of the Act.
Article 6
With regard to reserves of major minerals, industry demand, employment types, mine environment, international demand and supply, and other matters which shall be evaluated in accordance with relevant laws and regulations, the competent authority shall periodically review every 5 years and submit and announce evaluation report of overall industry policy.
Article 7
Other than in the mineral reserved area provided under Paragraph 1 of Article 33, all minerals provided under Article 3 are available for mineral right application to juridical person of the Republic of China as permitted by the Act.
The juridical person mentioned in the preceding Paragraph should be a company limited by shares incorporated in accordance with the Company Act.
Central and local governments may secure the mineral right under Paragraph 1 as permitted by the Act.
Article 8
In indigenous peoples’ regions and the sea areas be promulgated by the central competent authority of indigenous peoples, indigenous persons may collecting minerals for traditional culture, ritual or self-consumption, as non-profit purposes, without applying for a mineral right.
The competent authority shall conjunction with the central competent authority of indigenous peoples to prescribe the regulations for the location, acreage, quantity, mineral species and other related matters of collecting minerals under the preceding Paragraph.
Article 9
The horizontal surface area of a mineral concession shall be from a minimum of two hectares to a maximum of two hundred and fifty hectares; however, in the need for development, the maximum area of the mineral concession may be extended to three hundred hectares if it is deemed necessary after the competent authority invites local governments, experts and scholars to jointly investigate.
The area of the petroleum and natural gas concession may not be subject to the restriction on the maximum area under the preceding Paragraph, with approval by the competent authority based on the geological structure of oil and gas reserves.