This “Special Act for Management of Tsengwen, Nanhwa & Wushantou Reservoirs and Stabilizing Water Supply in Southern Area” is hereby duly enacted in an effort to regulate the Tsengwen, Nanhwa & Wushantou reservoirs, stabilize water supply to the southern Taiwan area, clear up silt of water resource facilities in case of an emergency, renovate, and newly build (expand) water supply projects and reservoir water collecting regions and environmental protection related facilities.
This Special Act is applicable to the regions enumerated below:
1. The watersheds (water gathering areas) of Tsengwen, Nanhwa & Wushantou reservoirs.
2. The scope of water storage of Tsengwen, Nanhwa & Wushantou reservoirs.
3. The scope of the project regions which should be newly increased, expanded and renewed to stabilize water supply in the southern Taiwan region.
The competent authorities in charge of the Special Act are the Ministry of Economic Affairs in the Central Government, the municipal government in case of a municipality, and the county (city) government in case of a county (city).
Of the Special Act, the enforcement authority in the Central Government shall be the competent authority in charge of the target businesses that budgets funds for the Special Act. In the local government levels, the Special Act shall be enforced by the municipality, county (city) governments in the applicable regions, Taiwan Water Corporation and the Irrigation Associations.
The Central Government-level competent authority shall take charge of the following issues:
1. To work out the government policies and programs to stabilize water supply.
2. To implement, coordinate and take charge of other issues related to the Stabilizing Water Supply Project.
3. To integrate, coordinate with, review, superintend, control and evaluate performance of the programs of implementation worked out by the competent enforcement authority in the Central Government.
The competent enforcement authority in the Central Government shall carry out the following issues:
1. To budget funds for the Stabilizing Water Supply Projects.
2. To work out and promote the program of various phases.
3. To work out implementation plans based on the enforcement programs of various phases and to put the plans into implementation
4. To superintend, control and evaluate performance of all jobs done for the Special Act.
5. To superintend, control and evaluate performance of the managerial plans worked out by the municipality, county (city) governments in accordance with Article IX.
The municipality, county (city) governments, the Taiwan Water Corporation and the Irrigation Associations in the regions to which the Special Act is applicable shall carry out the relevant tasks in accordance with the implementation plans promulgated by the competent enforcement authority in the Central Government.
For enforcement of the Special Act, the Central Government -level competent authority shall set up the Promoting Task Force to take charge of the review, superintendence, control, performance evaluation, policy coordination and relevant issues of various programs.
The human resources required by the competent enforcement authority of the Central Government to enforce the Special Act shall be served concurrently by relevant personnel or by temporary personnel. The funds so required shall be duly budgeted in accordance with Article V.
The Central Government shall carry out the programs under the Special Act within the fund of NT$54 billion in principle in accordance with the following rules:
1. A sum of NT$28.5 billion shall be budgeted with the special budget under the Special Act for Expanding Investment in Public Works to Revitalize the Economy, including a sum of NT$26.5 billion which shall be budgeted for operating fund to expand water sources to pay off the funds required by the Water Resources Agency, Ministry of Economic Affairs to enforce the Special Act. Of that sum, the NT$2 billion balance shall be spent by the Council of Agriculture, Executive Yuan to carry out the watersheds (water collecting regions) reservation programs. The two aforementioned sums are free of restrictions in disbursement methods, spending time limits under the Special Act for Expanding Investment in Public Works to Revitalize the Economy and the restriction for the purposes of use under Article 89-1 of the Water Conservancy Act.
2. A sum of NT$10 billion shall come from the Water Resource Operating Fund.
3. Other funds required for the Special Act shall be budgeted and provided by the competent enforcement authority of the Central Government and Taiwan Water Corporation with their original budgets. Any inadequacy shall be supplied within the scope of the general budget, relevant funds or special budgets according to the principle of using the fund to support urgent needs, free of the restrictions set forth under Articles 23, 62 and 63 of the Budget Act.
4. After the duration for enforcement of the Special Act expires, the funds required to enforce the uncompleted jobs shall be duly provided with the annual general budget.
The special budget mentioned in the preceding paragraph is free of the restriction in subsidizing the local needs and the fund burden as set forth under Articles 30, 37 of the Financial Revenues & Expenditure Division Act, and is, as well, free of the restriction of the acting procedures and fund burden as set forth under Article 76 of the Local Government Act.
The competent enforcement authority of the Central Government may provide the funds required by the local level governments to enforce the Special Act by means of entrustment, subsidy (donation) or investment at the actual need and may, as well, approve the local level governments to handle by means of payment or receipt on behalf of others.
To accelerate implementation of various programs under the Special Act, for land required for the Special Act that calls for change in urban planning, the municipality or county (city) governments in the applicable regions may speed up the change or proceed with the change in accordance with Article 27 of the Urban Planning Act. For the required land that involves change in non-urban land classification, said governments may duly proceed in accordance with the Regional Plan Act.
All jobs in implementation of safety of the applicable reservoirs, the dredging and clear-up of rivers and creeks, and the restoration and temporary storage of earth and pebbles so yielded are free of the restrictions set forth under the Land Control, Forest Protection, Environmental Impact Assessment and the laws and ordinances concerned, and Articles 12 and 19 of the Soil and Water Conservation Act. The fill-back or temporary storage shall, nevertheless, remain subject to soil and water conservation disposal and maintenance as required under Article 8 of the Soil and water Conservation Act. In case of a need for permanent storage, the required procedures shall be duly handled supplementarily afterward.
The floating wood timbers yielded out of the dredging and clear-up mentioned in the preceding paragraph shall be disposed of in accordance with the following principles:
1. The floating wood timbers may be piled up in spots free of the restrictions set forth under the Land Control Act.
2. The floating wood timbers may be picked up and cleared by local residents free of charge in accordance with Article 15, Paragraph 5 of the Forest Act. After that, the floating wood timbers which have not been marked may be provided by the competent enforcement authority of the Central Government, municipality, county (city) governments, Taiwan Water Corporation and the Irrigation Associations to the local residents, free of charge.
3. After disposal in accordance with the preceding paragraph, the floating wood timbers which could not be cleared one month prior to the flooding period or which are placed in spots inaccessible by transportation are to be forwarded to a spot for carriage. After a report is served to the local competent authority in charge of environmental protection, such floating wood timbers may be incinerated, free of the restrictions of the requirements of review and approval as set forth under Article 31 and 78 of the Air Pollution Control Act. In the event that the meteorological or weather conditions spread pollutants or the air condition shows signs of significant worsening, the local competent authority in charge of environmental protection may order a temporary suspension of incineration.
The watersheds or water collecting regions defined by the competent enforcement authority of the Central Government shall implement plans of various phases in accordance with the requirements below:
1. The plan to build new sediment storage dams shall be duly handled in accordance with the fundamental laws and regulations for aboriginal people.
2. The existent sediment storage dams shall be dredged or improved by other means.
3. Construction of new business-oriented roads shall be banned. The existent business-oriented roads shall be improved but shall not be broadened or upgraded.
4. Study and review of the restoration of environmental ecology, control over land use of the Tsengwen, Nanhwa & Wushantou reservoirs and water collecting regions, reinforcement of the crackdown against unlawful land cultivation in areas where soil conservation should be maintained, better care for local residents with overall advantage to the Tsengwen, Nanhwa & Wushantou reservoirs and reclamation, restoration, calamity prevention, monitoring and all such necessary measures.
To ensure sound forest protection, soil and water conservation, water resource cultivation, land use control, protection over environments and water quality, the municipality, county (city) governments in the applicable regions shall duly work out managerial programs to assure implementation in accordance with the laws and ordinances concerned and the contents of the implementation plans mentioned in the preceding Article.
The Special Act shall be enforced for six years starting from the date of promulgation.