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  • 1.Q: Is it illegal for common people pick up the rock from the river because of their collection behavior?(2019/08/14)

    A: Is it illegal for picking up the rock? According to Article 2 of the Mining Act, "All mineral ownerships within the territory, exclusive economic marine zone and continental shelf of the Republic of China are owned by state and shall not be exploited unless a mineral right thereof has been acquired pursuant to this Act." And the area of picking up rock, such as rivers, forests, state-owned land, national parks, scenic areas, protected areas, and other specific business areas, each with the " Soil, Sand, Gravel and Rock Exploitation Law ", "Water Law", "Forest Law" , "State-owned Property Law", "Land Law", "National Park Law", "Regulations Governing Designated Scenic Areas",etc.,which are subject to restrictions, prohibitions and regulations. In addition, according to the Ministry of Economic Affairs on January 14, 1999, the letter No. 09920200410: the total amount of viewing rock (except for the materials used in the river defense construction or piled up on it for the purpose of flood control and earth and stone for emergency use) is no more than one hand unloaded when you pick up in the area of river, it is not infringed the river of water law protected. This is not illegal for Article 78.1.3& 78.1.7 of the water law, so there is no punishment for this action. The issue of administrative penalties shall be determined by the Bureau of Mines whether it is an ore and whether the Mining Act is involved.

  • 2.Q: What is the application procedure for the mining rights in the river area?(2019/08/14)

    A: According to the Ministry of Economic Affairs on March 31, 2011, the letter No. 10004601720: According to the Article 27 & Article 41.5 of the Mining registration rules: The earth symbiosis taken from the same deposit refers to the earth symbiosis of the same deposit in the same place; the sand iron, gold and rock type mines belonging to the "secondary" (alluvial) deposit, and the ore-bearing rock layers on the earth-rock system After the weathering and erosion, the alluvial layer is formed by the accumulation of rainwater and river water. The earth and stone do not have symbiotic relationship and the relationship between the upper and lower plates. If the mining rights of the mines have the demand for earth and stone, they should rely on The earth and stone law is adopted. If you want the permission of right of rock and sand, please apply to the local competent authority of the local municipality or county (city).

  • 3.Q: Should the applicant apply for the establishment of mining rights at upstream of Shoufeng River, should it be approved by the land administration?(2019/08/14)

    A: (1) Those who belong to the river area, according to the Ministry of Economic Affairs on July 22, 1999, the Letter No. 09904604650: the announcement that the float mines in the rivers of Yilan County, Hualien County and Taitung County will stop accepting applications from now on. (2) Those who are not in the river area, the Bureau will conduct on-the-spot investigations with the land administration, the specific purpose business authority and the local county and city government according to the Mining Act and relevant regulations, and strictly examine and deal with it according to the law; The land management agency of the upstream of Shoufeng River is the Hualien Forest Management Office of the Forestry Bureau of the Executive Yuan Agricultural Committee. Therefore, the establishment of mining rights in the region should be consulted by it.

  • 4.Q: How do you supervise effectively and prevent illegal mining?(2019/08/14)

    A: Taking mining development, soil-water conservation, environmental protection, and illegal mining into consideration, we have established check-up procedures with other government departments and regularly invite the departments of river/land management and soil-water conservation, the government authority in charge of the relevant end-enterprise, and the local governments for mine safety and hazard- prevention inspections, strictly supervising the staff in the mines to go mining within the verified and rented mining-purposed land in order to prevent illegal mining. Given the heavier and heavier work of mine inspections, the current way we carry on mine inspections cannot keep up with the high-tech era. Hence we started trying to utilize the digital remote surveillance system in 2009. The mines located in sensitive zones are asked to set up the surveillance systems in appropriate places and the videos are transmitted through the Internet to the digital remote surveillance station in the Eastern District Office, Bureau of Mines with the hope of making the most out of the least cost in order to prevent illegal mining more effectively.

  • 5.Q: Should those who haven’t done mining registration and have no verified mining-purposed lands also submit the Mine Safety Plan and the Surveyed Drawing?(2019/08/14)

    A: Since those who haven’t registered for mining have no Mine Registration Certificate, they do not need to submit the Mine Safety Plan according to article 22 of Mining Safety Act and article 22 of the Detailed Regulations of the Mining Safety Act. After registering for mining and obtaining the Mine Registration Certificate, it is required to submit the Mine Safety Plan. Besides, Mineral Right Holder should prepare the Surveyed Drawing and related surveyed data of last year, submitting them to the Governing Agency.

  • 6.Q: For the Mineral concession established mineral right, can it be profitable? (visit activities, for example: picking jade…etc.). And, is it in violation by other Acts?(2019/08/14)

    A: 1. After a mineral right has been granted and registered pursuant to Mining Act, Mineral right holder is only get the right of mining mineral in the recorded area, but not the right of land use. According to the Mining act, before the actual mining, the mineral right holder shall submit applications to the governing agency for review and approval for Mining Land. And after approved by the Environmental Impact Assessment Act and the Soil and water Conservation Act, the Mineral right holder shall complete the lease procedures for mining land by the land administration authority. 2. Before the mining rights holders have not approved and completed the leasing procedures and declared the mining registration certificate to the land administration authority, it is illegal for the mine being taken out. If the illegal use of the land is found, it will be transferred to the land management authority according to law. If the mining location is outside the scope of the mining area, or the individual or company number of the non-mining rights holders to solicit business to take the ore to be seized as a private mining, will be justice by the law in accordance with Article 69 of the Mining Act, and follow the law. Article 71 provides for administrative fines.

  • 7.Q: How do Mineral Right Holders apply for suspending the mine work?(2019/10/04)

    A: Application for Mineral right holder to suspend their mine work: According to the Enforcement Rules of the Mining Act Article 12: ” When the Mineral right holder suspend their mine work more than 2 months, the holder shall file with the governing agency by submitting documents of suspending mine work Declaration form, mine registration certificate for inspection and registration. If the reason of aforementioned is not applicable or inadequate, the governing agency shall notify the mineral right holder reworking in a given period of time” Prescribed purpose, applying for suspending mine work, the mineral right holder shall submit the following documents and drawing explanations to Bureau of Mines, MOEA: 1.one suspending mine work Declaration form. 2.Returned the mine registration certificate. 3.Application fee NT$2,000(According to standards of service fees for mining under paragraph 18 of Article 2) 4. Registration fee of NT$2,000(According to standards of service fees for mining under paragraph 18 of Article 3). In the suspending mine work Declaration form, please Specify the suspending reason、starting and ending date、basic information of the applicant…etc. and the blank application form are available on the Bureau of Mines, MOEA website, Forms for download page, 9- suspending mine work Declaration form 「table104-13」

  • 8.Q: What are the qualifications of the acting agents for the Mine Heads or the Mine Safety Managers?(2019/08/14)

    A: According to article 12 of the Detailed Regulations of the Mining Safety Act, substitution is limited to twice the maximum, two months the longest for each time. If the substitution period is longer than one month, the Mineral Right Holder or the Mine Head is required to let the Governing Agency know. The acting agents should have the following eligibilities:
    (1)for the Mine Head:
    (a)people who have obtained the eligibility as a Mine Head of the same type of mines
    (b)people who have managed same type of mines for over two years
    (2)for the Mine Safety Managers:
    (a)people who have obtained the eligibility as a Mine Safety Manager of the same type of mines
    (b)people who have worked as mine safety supervisors in the same type of mines for over two years
    (3)For mine safety in-the-tunnel supervisors, mine safety open-pit supervisors, and mine safety mechanical-electrical supervisors:
    (a)people who have obtained the eligibility as a mine safety supervisor
    (b)people who have worked as mine safety technicians for over three years

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