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Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Mineral Right Fee and Mineral Royalty
Article 61
Mineral right holder shall pay mineral right fee based on the kind of minerals, the area of mineral concession and the fee rate of exploration right or mining right. However, the mineral right holder of offshore petroleum or natural gas may be exempted from mineral right fee under a special reason approved by the competent authority.
The regulations governing rate of mineral right fee, collection procedures, adjustment standards and other related matters under the preceding Paragraph shall be prescribed by the competent authority.
Article 62
The mineral right holder shall pay mineral royalty of the mineral price at the rate of 15% to 50% for petroleum and natural gas. The mineral right holder shall pay mineral royalty of the mineral price at the rate of 10% to 30% for metallic minerals. The mineral right holder shall pay mineral royalty of the mineral price at the rate of 5% to 20% for other minerals. However, the payment percentage for offshore petroleum and natural gas shall be announced by the competent authority.
The regulations governing mineral price and the rate, collection procedures, adjustment standards and other related matters as stated in the preceding Paragraph shall be prescribed by the competent authority.
Article 63
The competent authority shall allocate part of the mineral royalties collected in accordance with the preceding Article as funds required for necessary community give-back measures.
The regulations governing the content, calculation method, targets of give-back, procedures and other related matters of community give-back measures mentioned in the preceding Paragraph shall be prescribed by the competent authority.
Article 64
A mineral right holder who delays the payment of a mineral right fee or mineral royalty shall be charged with demurrage of 1% of the un-payment for every two days; however, the demurrage shall be limited to a maximum of 15%. If the payment is delayed over 30 days, the interest accrued on daily basis at fixed annual rate following the postal saving deposit shall be paid together with the un-payment.
If the amount calculated under the preceding Paragraph is below a certain amount or conforms to specific conditions, the competent authority may, depending on actual needs, exempt from collection or transfer to administrative enforcement.
The certain amount and specific conditions provided in the preceding Paragraph shall be announced by the competent authority.