Asia Cement Corporation Press Release
  1. 2019.07.11
"Mining right duration extension is totally legal!” Asia Cement to make an appeal

    The Taipei High Administrative Court on July 11th, 2019 ruled to revoke the administrative injunction of the Ministry of Economic Affairs (MOEA) and appeals decision of the Executive Yuan for Asia Cement’s Mt. Xincheng Quarry mining right duration extension. Asia Cement expressed deep sorrow for the judgment and will consult with its lawyers on the details after receiving the ruling and will make an appeal within the legal time limit to correct the public perception and safeguard the rights of its shareholders and employees!

      The mining right duration extension is the continuation of the existing right, not the establishment of the new right. According to the current Mining Act, the Indigenous People’s Basic Law does not apply to the mining right duration extension. Moreover, prior to Asia Cement’s application for the mining right duration extension, the Executive Yuan held an inter-ministerial meeting on Nov.7, 2016 to confirm that “the timing for implementing Article 21 of the Indigenous People’s Basic Law shall be during the establishment stage of new mining right, or the assessment stage of new mining land of existing mining right while there is no need to implement during the mining right duration extension stage”. The MOEA and Council of Indigenous Peoples shall abide by the conclusion of the meeting. However, it is known that the reason for the ruling is that the court believes that the consulting process prescribed in Article 21 of the Indigenous People’s Basic Law shall be implemented, which is apparently against the law. Therefore, Asia Cement suggests that the MOEA make an appeal for the ruling of this case in accordance with the law in order to maintain its credibility as a competent authority.

    The Taipei High Administrative Court did not accept various legal basis and clear evidences provided by Asia Cement during the action. Nor did it respect the professional judgment of the competent authority, i.e. MOEA and the appeal decision of the Executive Yuan as well as the resolutions of its inter-ministerial meeting held on Nov. 7, 2016. Asia Cement expresses its deep sorrow for this. With this precedence, all the projects involving mining right duration extension and land development will be seriously affected whether they are approved or being applied for. Not only the industry be confused, the authority of the government, legal order and credibility of law enforcement will be non-existent. Therefore, Asia Cement asks the MOEA and the Executive Yuan to adhere their position to make an appeal considering this case will have a serious impact on Taiwan’s economy and industrial development.

    Asia Cement has always taken seriously the safety and rights of the tribal residents and continue to give back to the local community for coexistence and coprosperity. The Mt. Xincheng Quarry is equipped with comprehensive environmental protection, water conservancy and safety systems and has proactively implemented various safety assessment and monitoring activities. The monitoring data is published through public information websites (http://quarry.acchl.com.tw/) to ensure transparency and the Quarry has always cooperated with competent authority for regular supervision and inspection. Over the years, the Mt. Xincheng Quarry has withstood the trial of many typhoons, earthquakes and torrential rains without occurrence of any mine accidents. It has even won the recognition from advanced countries such as Japan, Korea and Australia as an example of sustainability and received countless awards. Asia Cement has continued to hold three-party meetings with the local aborigine tribes for sincere communication and organized many quarry safety workshops and onsite inspections. Moreover, with the establishment of tribal service center, it has received positive responses from many tribespeople.      
    Cement is a vital material for a country’s development and people’s livelihood. If the government cannot safeguard the sustainable development of the local cement industry and solely relies on imports, the supply and prices of cement will be controlled by foreign sources, which is extremely detrimental to the economy and industry and will cause the workers (including the aborigines) in the related industrial chain to lose their jobs and their livelihood will in turn be affected, resulting in various serious social issues. This case has received tremendous attention and will have profound impact. For the future of the Company and Taiwan’s cement industry, Asia Cement will make an appeal with its full efforts!