Mining Act Article 76

As to the mining land approved before October 20, 1995 without having conducted any environmental impact assessment and with an area larger than 2 hectares, the mineral right holder shall conduct according to the following provisions:1. If its annual average production amount over the past 5 years is not less than 50,000 tons or it is located in protection forests or tap water’s water quality/water volume protection areas, the mineral right holder shall apply mutatis mutandis Article 5 and related provisions of the Environmental Impact Assessment Act to conduct environmental impact assessment within 3 years from the implementation date of the provisions of this Act amended on May 26, 2023.2. If its annual average production amount over the past 5 years is less than 50,000 tons and it is not located in protection forests or tap water’s water quality/water volume protection areas, the mineral right holder shall apply mutatis mutandis Article 28 and related provisions of the Environmental Impact Assessment Act to conduct the survey and analysis of environmental impact and submit response strategies which it shall strictly implement after the approval of central competent authority of environmental protection within 5 years from the implementation date of the provisions of this Act amended on May 26, 2023.The mineral right holder who conducts environmental impact assessment under preceding Paragraph may continue to conduct the constructions of exploration or mining and shall conduct mine operation management, soil and water conservation treatment, environment maintenance and related safety measures in accordance with relevant laws and regulations during the period of submission and review of relevant information.If the mineral right holder fails to conduct within the period prescribed under Paragraph 1 and is penalized and ordered to conduct within a time limit specified by the competent authority under Subparagraph 7 of Article 81, and fails to do so within such specified time limit, the approval of such mining land shall be aborted.After the mineral right holder conducts the environmental impact assessment of original approved mining land under Subparagraph 1 of Paragraph 1 and the central competent authority of environmental protection reviews and decides that it shall continue to conduct a phase II environmental impact assessment, the mineral right holder shall prepare a draft environmental impact assessment report and submit it to the competent authority within 3 years from the day following the date of delivery of review conclusion. However, in special situation, such time limit may extend once before the expiration date and after the approval of competent authority. The extension period shall not be longer than 1 year. If failing to submit within the time limit, the constructions of exploration or mining shall be stopped from the expiration date.After the mineral right holder conducts the environmental impact assessment of original approved mining land under Subparagraph 1 of Paragraph 1 and the central competent authority of environmental protection notifies the competent authority that it decides that development shall not be allowed or its supplement and amendment does not comply relevant provisions, the mineral right holder shall stop the constructions of exploration or mining from the date of notification of competent authority and conduct pursuant to following provisions:1.In the situation that it is decided that the development shall not be allowed, the mineral right holder may submit alternative project for another review under Subparagraph 1 of Paragraph 1 within 1 year from the day following the date of delivery of review conclusion. If failing to submit within the time limit, or if the central competent authority of environmental protection notifies the competent authority that its supplement and amendment does not comply relevant provisions or it still decides that the development shall not be allowed after reviewing submitted alternative project, the approval of such mining land shall be aborted.2. In the situation that the supplement and amendment does not comply relevant provisions, the mineral right holder may submit for another review under Subparagraph 1 of Paragraph 1 within 1 year from the day following the date of notification of competent authority. If failing to conduct within the time limit, or if the central competent authority of environmental protection notifies the competent authority that its supplement and amendment still does not comply relevant provisions or it decides not to pass after review, the approval of such mining land shall be aborted.If the mineral right holder conducts the survey and analysis of environmental impact and submit response strategies under Subparagraph 2 of Paragraph 1 and the central competent authority of environmental protection notifies the competent authority that its supplement and amendment does not comply relevant provisions, the mineral right holder shall stop the constructions of exploration or mining since the date of notification of the competent authority and may resubmit the application under Subparagraph 2 of Paragraph 1 from the day following the date of notification of the competent authority.As the mineral right holder stops the constructions of exploration or mining under the preceding 3 paragraphs, only until the central competent authority of environmental protection reviews its environmental impact assessment and concludes that it is passed, or approves its survey, analysis and response strategies, the mineral right holder may apply to resume the constructions of exploration or mining.The mineral right holder shall conduct according to environmental impact assessment forms and documents and contents of review conclusion under Subparagraph 1 of Paragraph 1 or response strategies approved by the central competent authority of environmental protection under Subparagraph 2.