1.According to the Article 43 of the Mining registration rules, a mineral right holder shall submit mining and construction plans, together with drawings to the governing agency for review and approval of the area to be acquired for mining use and shall notify the landowner and interest party.
2.In case the required document under the previous Paragraph is incomplete or application fee and survey fee have not been paid, the governing agency may notify the mineral right holder to revise the document or pay the fees within a given period of time. If no revision or payment made within the given period of time, the application shall be dismissed.
3.Prior to approval under Paragraph 1, the governing agency shall first consult with such agencies as land administration, environment protection, soil and water conservation and other related governing agencies as well as the landowner. In case the land is within national park, the consent of the governing agency of the national park shall be secured.
4.In case the land under Paragraph 1 is public owned, the governing agency, prior to approval, shall first secure the consent of the administration agency of the particular land.
According to the Article 27 of the Mining registration rules, application for a mineral right in the following areas shall not be approved:
1.Within the forbidden areas of fortress, military port, garrison area, and military facility and premises, where permissions of the related governing agencies have not secured.
2.Within one kilometer from the border of commercial district or market place, where permissions of the related governing agencies have not secured.
3.Within conserved forest, watershed area of reservoir, designated scenic area and national park, where permissions of the related governing agencies have not secured.
4.Within 150 meters from public buildings, national cemeteries, railroads, national highways, provincial highways, important factory site and unmovable famous relics, where permissions of the related governing agencies have not secured.
5.Within the areas where exploration or mining is prohibited without permission of the governing agency that is stipulated by other Acts, where permissions of the related governing agencies have not secured.
6.Within the areas where the exploration or mining is prohibited by other Acts.
According to the Paragraph 1 of Article 28 of the Mining registration rules: The governing agency shall not approve the application for a mineral right if the establishment of the mineral right will be detrimental to the public interest.
According to the Article 38 of the Mining registration rules: Under one of the followings, the governing agency shall abort the approval of a mineral right if:
1.The mineral right holders don’t commence work within 2 years after registration of mineral right or suspend work intermediately for more than one year; however, the abortion can be exempted with a good reason for the un-commencement, approved by the governing agency.
2.The operation of mining is impeding public interest which is un-reparable.
3.The mineral right holder fails to pay the mineral right fee or mineral royalty for more than 2 years.
4.Mining work is damaging mineral resources or harmful to the safety of mining workers that is unable to be improved or the mineral right holder fails to improve the said issues as order.
According to the Article 57 of the Mining registration rules: When mining work is considered to be detrimental to public interests, the governing agency shall instruct the mineral right holder to take remedial measures within a designated period time, or suspend the work temporarily. The mineral right holder, without a rational reason, fails to complete the remedial measure within the designated period of time, or does not suspend the work temporarily, the governing agency may revoke the approval of the mineral right.
