New amendments to the Mining Act aim to support indigenous rights, civic engagement, public transparency, and sustainable development of national resources, and to keep pace with modern changes in the economy, environment and technology. Passed by the Legislative Yuan on May 26, 2023, the amendments implement mechanisms to oversee environmental protection, limit mineral extraction, compensate impacted local residents, enable information transparency and public engagement, and prevent improper mining activities that cause environmental harm. These changes will balance the needs of the economy, environment and industry.
Six key changes
■ Remove improper provisions: Eliminate the clause stipulating that mineral rights holders may commence use of land after depositing the land price, rent or compensation. Eliminate the clause stipulating that an agency is obligated to compensate mineral rights holders if it legally rejects an application for renewal of mineral rights.
■ Enhance environmental protections: Require mineral rights holders to conduct one-time environmental impact assessments and provide plans for environmental conservation and mine closure.
■ Guarantee indigenous peoples' rights: Stipulate that indigenous peoples do not need mineral rights to extract minerals in indigenous areas for nonprofit activities based in traditional culture, ceremonies or personal use. Require new mining operations to consult and obtain consent from local indigenous communities before approval.
■ Enable information transparency and public engagement: Implement procedures to provide public transparency when handling mining permit applications. Add mechanisms to enable local residents to participate in the processes of mining land applications and mineral rights extensions.
■ Strengthen mine management and extraction limits: Require the amount of mineral approved for extraction to be clearly stated on the mining permit in order to restrict the overall amount that can be extracted. Strengthen regulations concerning the self-management of mines, as well as regulations and penalties regarding the post-operation rehabilitation of mining land.
■ Compensate affected residents: Allocate a portion of mineral royalties to compensate residents affected by mining operations and formally legalize this compensation mechanism.