Mining Act Article 36

As to the area prospected by the competent authority as worth to mine but without establishing a mineral right, or the area registered by the competent authority as its mineral right was revoked in accordance with the provision of the Act, aborted in accordance with Subparagraph 1 or 3 of Article 42, or aborted in accordance with Paragraph 2 of Article 78 due to one of Subparagraphs 1 to 3 of Article 65, the competent authority may establish the qualification of applicant, capital amount, nature of the business operated, scale of development and other necessary conditions and make public for application within a certain period of time for establishing a mineral right. However, the original mineral right holder shall not be eligible for re-application. The original right holder shall not be allowed to apply for the mineral right to the area of any adjustment made if this is the case.If there are more than two persons submitting applications for the same area within the announced period under the preceding Paragraph and such applications comply with the provisions of the preceding Paragraph, the award of the mineral right shall be determined by lots drawing.