Mining Act Article 46

The competent authority shall notify the mortgagees before processing extinction registration of mining rights that were mortgaged before the amendment of this Act that took effect on Dec. 31, 2003, due to revocation, cancellation, or voluntary application for abortion of the mining right approval. The mining right shall not be exercised after the mining right holder submits an application for abortion of the mining right, or after the revocation or cancellation decision is made by the competent authority, until the mining right is auctioned off.The mortgagees may still request court for auction of the mining right within 60 days after the receipt of notice according to the preceding Paragraph, even if the debt is not yet due; however, as abortion is made for approval of mining right due to impeding of public interest under Paragraph 2 of Article 42, no auction request shall be made.The competent authority shall make extinction registration of the mining right under Paragraph 1 at the transfer registration due to final auction.The mining right acquired from the auction under Paragraph 1 shall be acquired from the date of extinction of the original mining right. The validity shall be expired at the expiration of original mining right.
中文原文 礦業法第46條
主管機關對於本法中華民國九十二年十二月三十一日修正施行前已設定抵押權之採礦權因撤銷、廢止採礦權之核准或自行申請廢業而辦理消滅登記前,應通知抵押權者;採礦權者自提出廢業申請或自主管機關為撤銷、廢止之處分後至採礦權拍定為止,其採礦權不得行使。
抵押權者受前項之通知後六十日內雖債權仍未屆清償期,仍得聲請法院拍賣其採礦權。
但因第四十二條第二款所定有妨害公益之情形而廢止其採礦權之核准者,不得請求拍賣。
主管機關應於拍定移轉變更登記時,同時將第一項採礦權為消滅之登記。
第一項採礦權拍定所承受之採礦權,應自原採礦權消滅登記之日起承受之;其有效期間至原採礦權期限屆滿之日止。

English translation for reference only; the Chinese text prevails. Not legal advice.