To use the land, the mineral right holder shall apply for review by attaching the mining and construction plans and drawings, the shutdown plan of mine, and the documents specified by the competent authority. The mining land would be approved based on the area where the mineral right holder must use, the total mined amount, and the final elevation. However, if the mining method has no stage elevation, the final elevation is exempted from approval.
If the land mentioned in the preceding Paragraph is private land, it shall attach the consent letters of owners of the land and building and those obtaining right to use such land and buildings; if it is public land, it shall attach the consent documents of the land management authorities. If the public land has established other rights, the consent letters from other rights holders shall be attached.
After the competent authority accepts the application, it shall notify the mineral right holder to conduct and follow the procedures under Paragraph 1 and 2 of Article 31. However, it does not apply to those required to conduct environmental impact assessment in accordance with the Environmental Impact Assessment Act.
After the competent authority accepts the application, it shall survey the land applied for usage and consult for advices with authorities of environmental protection, soil and water conservation, land use and other relevant authorities.
In one of the following situations, the application for approval of mining land by the mineral right holder shall be dismissed：
1.Failing to pay the application fee or survey fee, and after the competent authority has notified to pay within a given period of time, still failing to pay as such period expires.
2.Failing to attach complete plans, drawings and documents required under this Act or other relevant laws and regulations or their content is incomplete, and after the competent authority has notified to supplement and amend within a given period of time, still failing to supplement and amend as such period expires or the supplement and amendment is incomplete.
3.Failing to show the direction to conduct surveys on the date specified by the competent authority, or failing to specify the land applied for usage during the survey, or that the area specified during the survey is completely inconsistent with the mining and construction plans and drawings.
4.Any matters under this Act or other laws and regulations which shall be dismissed or not be approved.
After approving the mining land, if the mineral right holder conducts mining constructions and reaches the allowed total excavation production and final elevation approved under Paragraph 1, the mining constructions shall be stopped. If the mineral right holder wishes to continue to conduct mining constructions within the original approved mining land, the mineral right holder shall apply for approval of mining land again.
The regulations governing the acceptance of applications for approval of mining land, the review process, and other matters for compliance under Paragraph 1, Paragraph 2, and Paragraph 4 shall be prescribed by the competent authority in consultation with relevant authorities.

As the land applied for usage under the preceding Article is located in indigenous land, tribe or the public land at their adjoining certain area, the mineral right holder shall conduct in accordance with Article 21 of the Indigenous Peoples Basic Law before the approval of mining land. If the number of affirmative votes about matters to be consented is less than that of negative votes, the mining land shall not be approved.
The guidelines governing how the mineral right holder conducts the consultation with and obtaining the consent of or participation of indigenous peoples or tribes under the preceding Paragraph, shall be announced by the competent authority in consultation with the central competent authority of indigenous peoples.

After approval or dismissal of the mining land, the competent authority shall post such disposition on the designated website and inform relevant municipality and county (city) governments, publicly post such disposition on the announcement boards of the township (town, city, district) public offices, village (tsun/li) offices, and tribes where the mining land is located in a period not be less than 30 days.

As the mining land which was approved before the implementation of the provisions of this Act amended on May 26, 2023 come into effect is located in indigenous land, tribe or the public land at their adjoining certain area, the mineral right holder having not conducted in accordance with Article 21 of the Indigenous Peoples Basic Law shall conduct in accordance with Article 21 of such laws within 1 year from the implementation date of the amended Act.
The mineral right holder shall submit documents related to methods of performing the consultation for consent or participation of indigenous peoples or tribes under the preceding Paragraph to the competent authority and central competent authority of indigenous peoples for records.
The mineral right holder may still continue to conduct the constructions of exploration or mining during the period when the mineral right holder conducts the requirements of Article 21 of the Indigenous Peoples Basic Laws under Paragraph 1.
As the mineral right holder fails to conduct under Paragraph 1, the competent authority may order such mineral right holder to stop its constructions of exploration or mining and submit relevant compliance documents within a certain period. If failing to submit within such period, such mining land shall be aborted.
If the mineral right holder conducts the consultation for consent of or participation of indigenous peoples or tribes under Paragraph 1, and the number of affirmative votes about matters to be consented is less than that of negative votes, or the competent authority in consultation with the central competent authorities of indigenous peoples finds that there is delay of procedures, the competent authority shall order the mineral right holder to stop the constructions of exploration or mining.
The mineral right holder stopping constructions of exploration or mining under the preceding 2 paragraphs may apply to resume the constructions of exploration or mining only until it conducts again the consultation for consent of or participation of indigenous peoples or tribes and the number of affirmative votes about matters to be consented is more than that of negative votes, and such results are submitted to the competent authority and the central competent authority of indigenous peoples for records.
As to the directions related to how the mineral right holder conducts again the consultation for consent of or participation of indigenous peoples or tribes under Paragraph 1, it may conduct and follow the guidelines announced under Paragraph 2 of Article 48.

In one of the following situations, the competent authority shall abort all or part of the approval of mining land:
1. The mineral right holder applies for aborting the approval of original approved mining land.
2. Extinction registration of the mineral right is conducted under Article 43.
3. A court judgment holds that original approved mining land shall be returned and such judgment is final and binding.
If the original approved mining land is aborted, the mineral right holder or original mineral right holder shall conduct by applying Article 56 mutatis mutandis.
If The original approved mining land is aborted and its quantity of supply in the preceding year amounts to 10% of total domestic supply of such year, and such abortion jeopardizes domestic development, national defense, or stable supply of civil necessities, the competent authority may report to the Executive Yuan for approval of adopting emergency importation of relevant goods and materials, moderate adjustment of approved mining production amount of other mines or other necessary measures. The restrictions under Paragraph 2 of Article 32 shall be exempted.

Under any one of the following, the mineral right holder may, when necessary, use the land owned by others:
1. Drilling a well, excavating a shaft and tunnel or exploring for and mining minerals.
2. Stockpiling mineral product, explosive, earth and rock, wood, charcoal, slag, ash and other material for mining.
3. Building a plant, warehouse or other houses required by the mining operation.
4. Constructing large or small railways, canal, road, water pipe, gas pipe, oil pipe, gas storage tank, water tank, oil pond, boosting station, distribution station, trench, shaft, tramway, electric cable or transformer room.
5. Installing other work or facilities necessary for the mining operation.

Regarding the mining land approved under this Act, obtaining its right of land use shall be in the following manners:
1. Purchase: the mineral right holder obtains land ownership by paying considerable amount of money.
2. Rent: the mineral right holder pays rent in one time or by installment.
3. Obtaining in the manners specified in the other Act.

The price of the public land purchased by a mineral right holder shall be calculated based on the standard for public property disposal.
The annual rental of the public land leased to a mineral right holder shall be set at 8% or less of normal transaction price, and the determination of normal transaction price shall apply the preceding Paragraph.

After approval of the land as mining land, the mineral right holder shall negotiate with the owners of land and buildings, those obtaining right to use such land and buildings, management authorities of public land, and other rights holders of public land to secure the right to use the land or as a dispute arises during the period of usage. If an agreement cannot be reached, either party may apply for the competent authority for settlement.
If both parties reject to accept the settlement, except that the competent authority may, ex officio or upon application, permit the mineral right holder to pay a certain consideration and then to use a certain range of land in certain period for responding national emergency disaster or other circumstances that affect major public interests, the mineral right holder shall not use the land.
As to the consideration of permission to use land mentioned in the preceding Paragraph, the competent authority shall entrust a real estate appraiser to determine.
The competent authority shall form a review committee to conduct the review for approval of use under Paragraph 2. The regulations governing the composition of the review committee, the resolution method and other related matters shall be prescribed by the competent authority.
As the land use period approved under Paragraph 2 expires, the mineral right holder shall conduct by applying mutatis mutandis with Article 56.

After completing the use of mining land, the mineral right holder or original mineral right holder shall implement rehabilitation and disaster prevention measures as per the approved soil and water conservation plan, mine environment maintenance plan, the shutdown plan of mine, and other relevant laws and regulations.
If damage remains on the leased or pass-through land after completing the measures stated in the preceding Paragraph, the mineral right holder shall compensate the owners of land and buildings and those obtaining right to use such land and buildings subject to the level of damage.

If mining operation results in a material loss to the land beyond the mineral concession, the mineral right holder shall compensate the owners of land and buildings and those obtaining right to use such land and buildings subject to the level of damage.

At the transfer of a mineral right, the relevant rights and obligation of the mining land shall be transferred at the same time.

A prospector, mineral right applicant or mineral right holder may, as necessary, conduct survey or prospecting on the land of other; however, prior notice shall be given to the local administrative body and owners of land and buildings and those obtaining right to use such land and buildings, and owner’s consent shall be obtained when an obstacle needs to be removed.

The prospector, mineral right applicant or mineral right holder shall make compensation at actual value to the owners of land and buildings and those obtaining right to use such land and buildings or owners of the obstacle as a loss occurs due to the situation as stated in the preceding Article.