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採掘出願
It shall be deemed that an application for increase or decrease of digging application areas, which is filed pursuant to the order prescribed in the provision of the preceding paragraph within 30 days from the day of arrival of the order, was filed on the day of sending the application for creation of digging right.
It shall be deemed that an application for increase or decrease of digging application areas, which is filed pursuant to the order prescribed in the provision of the preceding paragraph within 30 days from the day of arrival of the order, was filed on the day of sending the application for creation of digging right. However, this shall not apply to the area that is already a mining area of others or the area where an application of others for mining right is allowed to be filed.
When an application for creation of digging right for a mineral that occurs close to the surface of the Earth such as limestone, dolomite, fireclay, placer and others, and when mining of such mineral is found to interfere with utilization of land, the Director of Regional Bureau of Economy, Trade and Industry shall notify the landowner of the land (except for nationally-owned land) involved in the area where an application for creation of digging right is filed (hereinafter referred to as "digging application area") of such application, and give him/her an opportunity to submit a written opinion within a reasonable period of time.
When a digging applicant does not file his/her application for increase or decrease of digging application areas within 30 days from the day of arrival of the order prescribed in paragraph (1) above, the Director of Regional Bureau of Economy, Trade and Industry shall not permit his/her application for creation of digging right.
The Director of Regional Bureau of Economy, Trade and Industry may order those who have filed the application prescribed in the preceding paragraph to submit within a reasonable period of time a document that includes the name and address of the landowner of the land involved in the digging application area.
When prospecting application areas or digging application areas are overlapped, and the applicants sent their applications on the same day, the Director of Regional Bureau of Economy, Trade and Industry shall decide who has the right of priority by fair lot.
The provision of the main clause of the preceding paragraph shall be applied mutatis mutandis to the case where digging applicants have filed the applications for creation of prospecting rights for the minerals that redundantly occur in the same type of ore deposit where the minerals of digging application areas occur. However, this shall not apply to the case where the holders of prospecting rights have filed applications for creation of digging rights redundantly in the same mining area and have filed applications again for creation of prospecting rights after extinction of their prospecting rights.
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