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Chapter Law Content

Title: Mining Safety Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 5 Penalties
Article 40
Individuals who are found guilty of one of the following situations will be sentenced to up to 5 years of imprisonment or detention, or receive a fine or accumulative fine of up to NT$ 50,000:
1. Violate Article 15, Article 28 or Subparagraph 1of Article 13
2. Cause a disaster by failing to heed the order to cease operations given by the Competent Authorities according to Article 35 or Subparagraph 1 of Article 34.
3. Cause a disaster by failing to heed the order given by the Governing Agency according to Subparagraph 2 of Article 13.
Article 41
Individuals who are found guilty of one of the following situations will be sentenced to up to 3 years of imprisonment or detention, or receive a fine or accumulative fine of up to NT$ 30,000:
1. Violating Article 16, Article 18, Article 24, Subparagraph 1 of Article 11 or Subparagraph 1 of Article 12.
2. Failing to heed the order to cease operations given by the Governing Agency according to Subparagraph 1 of Article 34 or the order given according to Article 35.
Article 42
Individuals who are found guilty of one of the following situations will be sentenced to up to 1 years of imprisonment or detention, or receive a fine or accumulative fine of up to NT$ 10,000:
1. Violating Article 10 by failing to follow the Governing Agency’s rules for carrying out safety measures.
2. Violating Article 17, Article 20, Article 22, Article 27, Article 31, Subparagraph 2 of Article 11 or Subparagraph 2 of Article 12.
3. Failing to heed the order given by the Governing Agency according to Subparagraph 3 Article 11, Subparagraph 3 of Article 12, Subparagraph 2 of Article 13 or Subparagraph 2 of Article 34.
4. Mineral Rights Holder, Mine Heads or mine operations personnel who report false information to the Governing Agency or the appointed Mine Safety Supervisor.
5. Mineral Rights Holder, Mine Heads or mine operations personnel who refuse to comply with, inhibit or avoid the inspections carried out by the Mine Safety Supervisors according to Article 34 or the assignment of responsibility according to Article 37.
Article 43
The Governing Agency may fine those who violate Article 14, Article 19, Article 25, Article 29, article 30 or Subparagraph 2 of Article 23 an amount between NT$5,000 and NT$20,000.
Article 44
The fine outlined in the above article may be sent to the court to be executed by force.
Article 45
If the Mineral Rights Holder is a legal entity and not an individual, and their representative, acting agent, Mine Head, Mine Safety Manager or mine operations personnel violates Article 40 or 42, not only is the violating individual punished according to the rules of those articles but the legal entity is also fined according to the rules of those articles.