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Title: Regulations on Development and Management of the Lands Reserved for Indigenous People CH
Amended Date: 2019-07-03
Category: Council of Indigenous Peoples(原住民族委員會)
Chapter I General Principles
Article 1
These Regulations are enacted pursuant to Article 37, Paragraph 6 of the Hillside Land Conservation and Utilization Act.
Article 2
The competent authority called in these Regulations, in the central level, refers to the Council of Indigenous Peoples, in a Special Municipality level, refers to the government municipal, and in a County / City level, refers to the County / City government.
The matters related to agriculture, in the central government, shall be handled by the Council of Agriculture, Executive Yuan jointly with the central competent authority.
The executive organs of these Regulations are township / city / district offices.
Article 3
The lands reserved for indigenous people called in these Regulations refer to the existing reserved mountainous land within hillside land preserved for ensuring the living of indigenous people and implementing the administration of indigenous affairs, as well as the preserved lands allocated and added for indigenous people to use in accordance with relevant provisions.
Article 4
The indigenous people called in these Regulations refer to the indigenous people residing in uplands and flat lands.
The identification standard of the indigenous people referred to in the preceding paragraph shall be determined by the Council of Indigenous Peoples, Executive Yuan.
Article 5
The general registration of the lands reserved for indigenous people shall be performed by the local registration agencies assigned by the municipal or county / city competent authorities. The owner is the Republic of China, and the management department is the central competent authority, and it shall be marked in the “Other Registration Affairs” column in the “Land Mark” part of the land register book that the lands are reserved for indigenous people.
For the public lands allocated as the lands reserved for indigenous people for which the general registration has been finished, the municipal or county / city competent authority shall, together with the original department of land management, register the central competent authority as the new management department, and mark the lands reserved for indigenous people in accordance with the preceding paragraph.
Article 6
The Town/City/District office located in the lands reserved for indigenous people shall establish a Reserved Land Rights Review Committee to take charge of the following matters: 1.To investigate, arbitrate and handle the disputes on the land rights of the lands reserved for indigenous people.
2.To examine matters regarding uncompensated acquisition, allocation, or withdrawal of the lands reserved for indigenous people.
3.To examine the application for the leasing or uncompensated use of the lands reserved for indigenous people.
4.To examine the application for appropriating public lands reserved for indigenous people.
5.To perform negotiation on the compensation for allocation of the lands reserved for indigenous people.
In the Reserved Land Rights Review Committee as referred to in the preceding paragraph, four-fifths of the committee members shall be indigenous people, and the fundamentals for establishing such committee shall be prescribed by the central competent authority.
If an application regarding the matters stipulated in Paragraph 1, Subparagraph 2 to 5 of this Article should be submitted to the Reserved Land Rights Review Committee for examination, the Township/City/District Office shall, within one month after acceptance of the application, transfer it to the Committee for examination. The Reserved Land Rights Review Committee shall, within one month, finish examination and produce a position paper. However, both the Township/City/District Office and the Reserved Land Rights Review Committee may apply for a one-month extension if necessary. Should the Committee fail to produce the position paper within the designated time frame, the Township/City/District Office shall directly report the case to the Municipal/County/City competent authority for approval.
The Township/City/District Office shall report the review records of the Reserved Land Rights Review Committee on the matters listed in Subparagraph 2 to 5 of the first paragraph to the Municipal/County/City competent authority for approval.
Chapter II Land Management
Article 7
The central competent authority shall assist and guide the indigenous people in acquisition of leasehold or uncompensated acquisition of ownership of the lands reserved for indigenous people.
Article 8
(Repealed)
Article 9
(Repealed)
Article 10
Where an indigenous person applies for the rights to uncompensated acquisition of the ownership of the lands reserved for indigenous people, the upper limit for land area is as follows:
1.For lands used for crops, pasture, or aquacultural uses in accordance with the Regional Plan Act or lands zoned as agricultural or conservation areas for agricultural, aquacultural, or animal husbandry uses in accordance with the Urban Planning Law, the upper limit is 1 hectare per person.
2.For lands used for forestry in accordance with the Regional Plan Act or lands zoned as conservation areas for reforestation uses in accordance with the Urban Planning Law, the upper limit is 1.5 hectares per person.
3.For lands used for construction in accordance with relevant regulations, the upper limit is 0.1 hectares per household.
4.For types of land not specified in this Article, the upper limit for land area shall be determined by the central competent authority according to circumstances.
In cases of an indigenous person applying for uncompensated acquisition of land that fall under the provisions of both Subparagraph 1 and 2 of the preceding paragraph, the land area shall be calculated as a whole; the ratio of which shall be determined by the central competent authority. However, this figure may only be increased or reduced by up to 10% due to geographical restrictions.
Article 11
(Repealed)
Article 12
(Repealed)
Article 13
For the purpose of industrial or commercial business operating, the indigenous people may prepare and submit a business plan to the Township / City / District Office. After the position paper produced by the Reserved Land Rights Review Committee is submitted and approved by the municipal or county /city competent authority, the applicant may lease the lands reserved for indigenous people that may be used for construction according to law, and each lease term may not exceed nine years, but reletting may be applied for upon expiration of the lease term.
The planned business as referred to in the preceding paragraph may not encumber the preservation and nursing of environmental resources or the national security, or produce public hazards.
Article 14
For the purpose of creating up religious buildings and facilities, the indigenous people may, with the approval of the competent authority in charge of religious affairs, submit a plan to the Township / City / District Office. After the position paper produced by the Reserved Land Rights Review Committee is submitted and approved by the municipal or county/city competent authority, the applicant may use, free of charge, the lands within the lands reserved for indigenous people that may be used for construction according to law. The term of use may not exceed nine years, but the contract may be renewed upon expiration of the term. The area of the lands used may not exceed 0.3ha.
Article 14-1
Municipal and county / city government may prepare a land use requirement plan for the prevention of disasters, response during disasters, recovery and reconstruction post disasters and submit to the central competent authority, upon approval, the lands reserved for indigenous people may be used free of charge, and the term of use may not exceed nine years; should continuous usage be required upon expiration of the term, a new land use requirement plan must be prepared and submitted to the central competent authority for approval two months prior to the expiration of the term.
Article 6 does not apply to the processing procedure of the land use requirement plan.
Article 17 and 20 does not apply to lands reserved for indigenous people to be used free of charge by victims in disaster zones as mentioned in Paragraph 1.
Article 15
The indigenous people may not transfer or rent to others, the leasehold, the right to use free of charge, or any legally established farming, superficies, or agricultural rights to the lands reserved for indigenous people, unless the transferees or leaseholders are indigenous people entitled to the rights of inheritance, the indigenous people in the household to which the lands are allocated, or the relatives of the indigenous people within three degrees of kinship.
Article 16
Where the indigenous people violates the provision of the preceding article, the Township/City/District Office may withdraw the lands reserved for indigenous people; besides, the case shall be handled in accordance with the following provisions:
1.If the registration of farming, superficies, or agricultural rights has been completed, the Office shall request the court to write off the registration.
2.If the lands are leased or used free of charge, the contract shall be terminated.
Article 17
The indigenous people who meet any one of the following criteria may apply for the uncompensated acquisition of lands reserved for indigenous people: 1.The lands reserved for indigenous people have been under the usage of the indigenous people prior to the establishment of these Regulations.
2.The lands reserved for indigenous people contain existing self-use housing of the indigenous people; the area of the lands shall be determined according to the actual area of the buildings and auxiliary facilities in use.
3.The lands reserved for indigenous people on which the indigenous people exercise their rights to legally established farming, superficies, or agricultural rights.
The Township/City/District Office shall submit the relevant application from the preceding paragraph to the Reserved Land Rights Review Committee, who shall promulgate a position paper. If no objection is raised within 30 days of the promulgation, the application shall be further submitted to the Municipal/County/City competent authorities for approval; the application shall also be submitted to the local registration agency for registration of transfer of ownership.
Indigenous people who are applying for the acquisition of lands that meet the criteria stipulated in Paragraph 1, Subparagraph 3 or the ownership of lands allocated and added as indigenous reserve lands are not required to go through the aforementioned 30-day promulgation process.
If the lands reserved for indigenous people that meet the criteria stipulated in Paragraph 1, Subparagraph 3 undergo zoning changes due to the implementation of urban planning or changes in land category due to alteration of non-urban lands, the holder may apply for registration of transfer of ownership.
At the end of the period of the indigenous people’s rights to the lands reserved for indigenous people that meet the criteria stipulated in Paragraph 1, Subparagraph 3, the ownership may still be transferred. The heirs to the deceased holders of farming, superficies, or agricultural rights may apply for uncompensated acquisition of said lands.
Article 18
After the indigenous people has acquired the ownership of a piece of land reserved for indigenous people, except for the special purposes designated by the government, the lands may be transferred to indigenous people only.
The special purposes designated by the government as referred to in the preceding paragraph means the following circumstances the government is liable for: 1.Construction of various matters for the purposes stated in Article 3 and Article 4, Paragraph 1 of the Land Expropriation Act; the application for simultaneous expropriation stated in Article 8 of the same Act.
2.Land use requirements verified by the central competent authority for the prevention of disasters, response during disasters, recovery and reconstruction post disasters.
3.Lands reserved for indigenous people used as payment for estate tax and gift tax processed by the taxing authority.
4.Lands reserved for indigenous people on which no winning bid has been determined due to the execution of an obligatory payment under public law.
The lands reserved for indigenous people subjected to government allocation as referred to in Subparagraph 3 and 4 of the preceding paragraph, other than legal allocation by the government agencies, may be transferred to indigenous people only.
Article 19
If the holders of lands reserved for indigenous people with legally established farming, superficies, or agricultural rights die without heirs, the lands shall be submitted by the Township/City/District Office to the Reserved Land Rights Review Committee, who shall produce and submit a position paper to the Municipal/County/City competent authorities for approval and entrust the registration agency to write off the registration.
Article 20
The Township/City/District Office may draft an allocation plan regarding the lands reserved for indigenous people within its jurisdiction that are legally withdrawn or yet to be allocated. The plan shall be submitted to the Reserved Land Rights Review Committee, who shall promulgate a position paper. The Township/City/District Office may, after 30 days, reallocate the lands to indigenous people in the region under its jurisdiction in the following order of priority:
1.Those whose allotted lands do not meet the upper area limit stipulated in Article 10, and who have traditional ties with the lands.
2.Those who have not received any allocation.
3.Those who experienced loss of lands reserved for indigenous people due to negotiated expropriation or appropriation of lands carried out in accordance with Article 11 of the Land Expropriation Act.
The aforementioned allocation applications shall be processed by the Township/City/District Office in accordance with the procedures stipulated in Article 17, Paragraph 2.
Indigenous people in violation of Article 15 may not reapply for allocation of lands reserved for indigenous people.
For the lands reserved for indigenous people withdrawn under the first paragraph, the Township/City/District Office shall notify the owner of the land improvements to harvest or dismantle the improvements within a specified time limit; if they are not harvested or dismantled in the time limit, the improvements will be directly disposed of by the Township/City/District Office.
If the land improvements referred to in the preceding paragraph are legally planted or built, the Township/City/District Office shall assess their value for the new ownership holder to offer compensation to the original owner to acquire the improvements.
Chapter III Land Development, Utilization and Nursing
Article 21
The competent authorities of all levels may, according to the conditions of development and the characteristics of land utilization, work out all kinds of development, utilization and nursing plans for the lands reserved for indigenous people within the regions under their jurisdiction.
The development, utilization and nursing plans as referred to in the preceding paragraph may be implemented by means of cooperation or cooperative or entrusted operating.
Article 22
The Ministry of the Interior and the municipal and county / city governments may implement land readjustment or community renewal for the lands reserved for indigenous people according to law.
Article 23
If the government needs to use public-owned lands reserved for indigenous people for public productive enterprise or special purposes, the department that needs the lands may prepare a land utilization plan and submit it to the Township / City / District Office. The Office which will transfer the plan to the Reserved Land Rights Review Committee, and the Committee shall produce a position paper and report to the upper-level competent authority for approval. Then, the required lands may be allocated for use. But the lands used for public productive enterprises shall be limited to those needed by the Township / City / District Offices that have lands reserved for indigenous people under their jurisdiction; and the lands used for agricultural experimentation and practice shall be limited to those needed by the agricultural experiment and practice institutions or schools.
In case of any of the circumstances prescribed in Article 39 of the National Property Act after a piece of land reserved for indigenous people as referred to in the preceding paragraph has been appropriated, the central competent authority shall immediately notify the National Property Administration , Ministry of Finance to report to the Executive Yuan for cancellation of appropriation. If the appropriation has been cancelled, the land shall be taken over by the central competent authority.
Article 24
In order to promote the construction of the mining, quarrying, sightseeing and amusement, gas stations, and agricultural products distributing and storage facilities, the development of industrial resources, the preservation of the indigenous culture, healthcare, social welfare, telecommunication and transportation, financial services and other enterprises authorized by the central competent authority in the areas reserved for indigenous people, assistance and guidance shall be provided preferentially for the indigenous people or indigenous organ, legal person or organization to carry out development or construction under the precondition that the livelihood of indigenous people and the administration of indigenous affairs will not be encumbered.
To apply for leasing the lands reserved for indigenous people or indigenous organ, legal person or organization for the purpose of development or construction as referred to in the preceding paragraph, the indigenous people shall prepare development or construction plans and illustrations, and submit to the governing Township / City / District Office for the Office to transfer them to the Reserved Land Rights Review Committee for the production of position paper and report to the central competent authority for approval. After the application is approved by the Council and the official document produced by the competent authority of target business to approve the development or construction has been acquired, the applicant may lease the lands reserved for indigenous people. Each lease term may not exceed nine years, and relet may be applied for according to the original procedure upon expiration of the term.
The development or construction plans and illustrations as referred to in the preceding paragraph shall include the following documents:
1.Application and development or construction plan.
2.Configuration map of the land required, marked in relief map of a proportion scale and cadastral map of not less t han 1:5,000.
3.Contribution plan for construction on lands reserved for indigenous people.
4.Other required documents.
If an enterprise other than an indigenous organ, legal person or organization or a person other than indigenous people (“Non-indigenous people” for short) applies for leasing lands for development or construction, the Township / City / District Office shall first give a public announcement for thirty days, and handle the application in accordance with the provisions of the preceding two paragraphs only provided that no indigenous people or indigenous organ, legal person or organization applies with the 30-day period.
Article 25
The scope of application for relet under the preceding article shall be limited to the scope of development or construction originally approved and the methods of development or construction, and the documents that should be submitted for application for relet are the same as the ones originally submitted. If it is explained in the application form that the original application documents are still used, it is not necessary to submit the related documents again, and the application may be handled without following the provision of the fourth paragraph of the preceding article.
Article 26
When applying for development or construction according to the provision of Article 24, if the indigenous people has already acquired the ownership of the lands, the applicant shall negotiate with the owner on the price and report to the Municipal/County/City competent authorities for approval, and then participate in investment; in case of transfer of investment rights, the transferee shall be limited to indigenous people.
If the leasehold has been acquired by indigenous people, the applicant shall negotiate with the right holder to provide compensation.
Article 27
If a leaseholder of the lands reserved for indigenous people as referred to in Articles 23~25 conducts any of the following, the lease contract shall be terminated and the lands drawn back, and no compensation will be provided for the facilities invested:
1. The leaseholder does not implement development or construction according to the development or construction plan, and change the plan or extend the time limit of development or construction without permission.
2. The leaseholder uses the land with infringing the plan.
3. The leaseholder subleases the land to others or has somebody act in his name.
4. Other occasions that will terminate the lease contract as explicitly prescribed in the contract take place.
Article 28
For the non-indigenous people who have leased lands reserved for indigenous people before these Regulations are enforced and continue to cultivate or use the lands by themselves, the performance of the lease contracts may be continued.
For the already leased farming and foresting lands changed into building plots due to renewal or alteration of urban plan or alteration of non-urban lands, the area for reletting may not exceed 0.03ha/family upon renewal of lease contract.
The non-indigenous people who are domiciled in a township / city / district where there are lands reserved for indigenous people may lease the lands reserved for indigenous people in the township / city / district that may be used for construction according to law as the bases for self-provided houses, and the area may not exceed 0.03ha for each family.
Article 29
The lands reserved for indigenous people leased under the preceding article may not be subleased, and the rights of such lands may not be transferred to others.
In case of violation of the provision of the preceding paragraph, the lease contract shall be terminated and the lands shall be drawn back.
Article 30
The rent of the lands reserved for indigenous people shall be levied by the public treasury of the local municipal or township / city / district as the funds to be used for management of the lands reserved for indigenous people and for economic construction. The management and utilization plan of the rents shall be formulated by the central competent authority.
Chapter IV Management of Forest Products
Article 31
The natural forest products in the lands reserved for indigenous people shall be disposed in accordance with the Regulations on Disposal of State-owned Forest Products if it is not prescribed in these Regulations.
Article 32
In order to promote the development and utilization of the lands reserved for indigenous people or collect construction funds, the Township / City / District Offices may compile a plan for cutting the trees in the lands reserved for indigenous people, submit to the central competent authority in charge of forestry for approval, and then request the municipal or county / city competent authority to sell the trees through public tendering.
Article 33
The tree-cutting plan as referred to in the preceding paragraph shall be compiled in the principle of sustainable production and no encumbering the national security, and shall comply with the administrative policies concerning indigenous people and the land utilization plans.
Article 34
For the following materials, an application may be submitted to the Township / City / District Office to apply for collecting the natural forest products in the lands reserved for indigenous people with the approval of the municipal or county /city competent authority:
1. The materials required for a government department to use for emergency repair in case of disaster or for construction of public facilities in mountainous areas.
2. The byproducts or materials to be collected and used by the indigenous people without providing compensation in the areas allocated by the municipal and county / city competent authorities.
3. The bamboos and woods required for indigenous people to cultivate fungus or manufacture handworks.
4. The woods encumbering foresting, reclaiming or operation with a standing volume under 30m3/ha.
Article 35
Violation of the provision of the preceding article will be punished according to relevant laws and regulations, and the forest products collected shall be called back; if the products cannot be returned, the actor shall undertake the liability of compensation.
Article 36
For the foresting bamboos and woods in the lands reserved for indigenous people, the examination procedure for cutting shall be handled in accordance with the Regulations on Examination for Cutting and Collection of Forest Products.
Article 37
The ownership of the bamboos and woods in the public productive enterprises in the lands reserved for indigenous people located in a township / city / district shall be vested in the township / city / district.
Article 38
In order to protect the ecological resources and ensure the national security, in any of the following occasions, the governing competent authority shall limit the cutting of bamboos and woods in the lands reserved for indigenous people:
1. The hypsography is abrupt or the soil layer is shallow, so it is difficult to recover the forest.
2. The soil is likely to be eroded or the public welfare is prone to be affected if the woods are cut.
3. It is determined that nursing shall be strengthened in the area.
4. The woods are located in the water-gathering area of reservoirs, the source area of stream, the erosion belt of river bank, the wind-affected area along seacoast, or the sandbank areas.
5. The woods may be preserved as mother trees or for collect seeds.
6. The cutting shall be limited in order to protect ecology, landscape, scenic spots, or historic sites or according to other laws and regulations.
Article 39
In principle, indigenous people shall be employed to undertake the labor, except the technical work, of cutting or collecting the state-owned or public-owned forest products in the land reserved for indigenous people.
Article 40
The municipal and county / city competent authorities shall, jointly with the related government departments, assist and encourage foresting in the lands reserved for indigenous people, and the assistance and encouragement measures shall be prescribed by the central competent authority.
Chapter V Supplementary Provisions
Article 41
If the indigenous people’s rights and benefits are damaged because the use of the lands reserved for indigenous people and the ameliorants or cutting of woods is limited due to the government’s construction of public facilities, the government shall provide compensation for the indigenous people.
Article 42
(Repealed)
Article 43
(Repealed)
Article 43-1
Matters approved by the central competent authority for leasing lands reserved for indigenous as referred to in Article 24 may be managed by the entrusted local self-governing body.
Article 44
These Regulations shall become effective as of the date of promulgation.
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