Mining Act Article 50

As the mining land which was approved before the implementation of the provisions of this Act amended on May 26, 2023 come into effect is located in indigenous land, tribe or the public land at their adjoining certain area, the mineral right holder having not conducted in accordance with Article 21 of the Indigenous Peoples Basic Law shall conduct in accordance with Article 21 of such laws within 1 year from the implementation date of the amended Act.The mineral right holder shall submit documents related to methods of performing the consultation for consent or participation of indigenous peoples or tribes under the preceding Paragraph to the competent authority and central competent authority of indigenous peoples for records.The mineral right holder may still continue to conduct the constructions of exploration or mining during the period when the mineral right holder conducts the requirements of Article 21 of the Indigenous Peoples Basic Laws under Paragraph 1.As the mineral right holder fails to conduct under Paragraph 1, the competent authority may order such mineral right holder to stop its constructions of exploration or mining and submit relevant compliance documents within a certain period. If failing to submit within such period, such mining land shall be aborted.If the mineral right holder conducts the consultation for consent of or participation of indigenous peoples or tribes under Paragraph 1, and the number of affirmative votes about matters to be consented is less than that of negative votes, or the competent authority in consultation with the central competent authorities of indigenous peoples finds that there is delay of procedures, the competent authority shall order the mineral right holder to stop the constructions of exploration or mining.The mineral right holder stopping constructions of exploration or mining under the preceding 2 paragraphs may apply to resume the constructions of exploration or mining only until it conducts again the consultation for consent of or participation of indigenous peoples or tribes and the number of affirmative votes about matters to be consented is more than that of negative votes, and such results are submitted to the competent authority and the central competent authority of indigenous peoples for records.As to the directions related to how the mineral right holder conducts again the consultation for consent of or participation of indigenous peoples or tribes under Paragraph 1, it may conduct and follow the guidelines announced under Paragraph 2 of Article 48.