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Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Mineral Right
Section 1 Nature and Validity of Mineral Right
Article 10
Mineral right is deemed as a real right, to which, unless otherwise specified herein, provisions of real estate of Civil Code mutatis mutandis.
Article 11
Mineral right shall not be severed; however, conforming to mine interest, the right may be split as approved by the competent authority, but the area of its mineral area shall still be subject to the restriction under Article 9.
Article 12
The mineral right holder shall operate the mineral right on its own. Except for inheritance, assignment, mortgage, entrustment and compulsory enforcement, a mineral right shall not be subject to other rights or legal action.
The mortgage of a mineral right shall be limited to the mining right.
Article 13
Contract in breach of the provision under the preceding Article shall be invalid. The same applies for the assignment and entrustment of a mineral right without approval of the competent authority.
Article 14
The duration of an exploration right may not exceed four years. An extension is eligible for within one year to six months prior to the expiration of the right. The extension period may not exceed two years and may only eligible one time.
If the exploration right holder applies for extension of exploration right in accordance with the preceding Paragraph, the exploration right shall be deemed to be in effect during the period between the expiry date of the exploration right and the competent authority approval or dismiss date of the said application.
Article 15
The duration of a mining right may not exceed twenty years. An extension is eligible for within two years to one year prior to the expiration of the right. The extension period may not exceed twenty years..
If the mining right holder applies for extension of mining right in accordance by the Act, the mining right shall be deemed to be in effect during the period between the expiry date of the mining right and the competent authority approval or dismiss date of the said application.
Article 16
The establishment, extension, alteration, voluntarily aborted, or transfer by assignment or entrustment of a mining right shall not take effect without the approval and registration of the competent authority.
The following items shall not be valid unless registered with the competent authority:
1. Nullification of and the disposal imposed on a mineral right.
2. Transfer of the mineral right by inheritance or compulsory execution.
3. Establishment, alteration, transfer, nullification of and the disposal imposed on a mortgage.
The competent authority shall issue or remark on a mining license upon approval of the application for paragraph 1 and the registration of transfer by inheritance or compulsory execution.
The registration regulations of the qualification of applicants, application process, registration period, registration items, plans, drawings, and documents to be submitted, and other provisions to be followed for paragraphs 1 and 2 shall be established by the competent authority.