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Title: Regulations Governing the Formulation, Deliberation and Administration of Hot Spring Area Management Plans CH
Amended Date: 2005-11-16
Category: Ministry of Transportation and Communications(交通部)
Article 1
These Regulations are promulgated pursuant to the stipulations in Article 13, Paragraph 4 of the Hot Spring Act.
Article 2
A hot spring area management plan as referred to in these Regulations means a plan for the management of hot spring resources and land use at hot-spring outflows, hot-spring wells, and their surrounding areas, formulated for the purpose of efficiently utilizing hot spring resources, with the simultaneous aims of sustainably managing hot springs, promoting tourism, and assisting the development of health-enhancement and life-enhancement industries.
Such a plan shall be operative for a term of ten years.
Article 3
The city or county (municipal) government with due jurisdiction shall, after conducting a survey of all hot spring resources in the area under its administrative jurisdiction, and giving overall consideration to the utilization and protection of hot spring resources, draw up a hot spring area management plan covering at least the following matters:
(1) The distribution and historical development of the hot spring resources over which the city/county (municipal) government has jurisdiction.
(2) An environmental and geological assessment of the area(s) in which the hot springs are distributed.
(3) The developmental status, issues, and pertinent policies, and overall evaluation of development.
(4) Analysis of the current state of development and the planning boundaries of the hot spring area(s).
(5) The timeframe of the hot spring area management plan and projections of the user population.
(6) A management plan for land and building use in the hot spring area(s).
(7) A plan for the environmental landscape and recreation facilities in the hot spring area(s).
(8) A plan of facilities for taking and providing the hot spring water and public pipeline(s).
(9) A hot spring area business management and implementation plan.
(10) A hot spring area development implementation progress and industrial and financial plan.
(11) A hot spring waste-water treatment plan.
A management plan as referred to in the preceding paragraph, besides employing explanatory text and drawings, shall also have appended a hot-spring area planning map in a scale of not less than one to one ten thousand.
A hot spring area that is situated in an indigenous people's area shall also have appended an indigenous people's area assistance and incentive plan.
Article 4
In the event that a hot spring area management plan drawn up by a city/county (metropolitan) government with due jurisdiction impinges on the functions and duties of any other authority in charge of an industry concerned, the city/county (metropolitan) government shall first consult thereon with every such authority in charge of an industry concerned.
Article 5
After a city/county (metropolitan) government with due jurisdiction has drawn up a draft hot spring area management plan, it shall publicly exhibit the plan for thirty days and hold an explanatory meeting, and shall publish for public notification the date and place of the public exhibition and explanatory meeting; and any citizen or organization may, within the period of the public exhibition, submit an opinion in written form and clearly inscribed with the submitter's name, title, and address.
The city/county (metropolitan) government with due jurisdiction shall properly process any opinion as described in the preceding paragraph, and shall report on its processing thereof together with the hot spring management plan as submitted to the Ministry of Transportation and Communications for approval.
Article 6
For the purpose of making a decision as to the approval of a hot spring management plan, the Ministry of Transportation and Communications shall solicit review of the plan by representatives of the authorities in charge of the industries concerned as well as by experts and scholars.
The aforementioned review of a hot spring area management plan shall be executed by the Tourism Bureau of the Ministry of Transportation and Communications acting under mandate of the Ministry of Transportation and Communications, and the matters thus mandated and the legal basis thereof shall be publicly announced and published in an official gazette or local newspapers.
Article 7
(Deleted)
Article 8
The review of a hot spring area management plan shall include the following matters:
(1) Deliberating on the formulation, revision or abandonment of the hot spring area management plan.
(2) Reviewing and improving the hot spring area management plan.
(3) Surveying and eliciting, exchanging, and coordinating opinions concerning the hot spring area management plan.
Article 9
(Deleted)
Article 10
For the purpose of reviewing the formulation, revision or abandonment of a hot spring area management plan, a city/county (municipal) government with due jurisdiction may act in accordance with the provisions of Article 6, Paragraph 1 of these Regulations as applied mutatis mutandis.
Article 11
After a hot spring area management plan has been approved, the authority that formulated the plan shall, within sixty days of receiving official notification of the approval, make public the terms and drawings of the plan, and publicly display the illustrated content of the plan, and shall publish for public notification the place and dates of the public display, for perusal by the general public.The plan shall be so displayed for not less than thirty days.
Article 12
After a hot spring area management plan has been announced and put into effect, it shall be reviewed once every five years, and may not be altered arbitrarily.But where an actual need arises due to force majeure, change in circumstances, the occurrence or concern about the occurrence of a major disaster, or excessive discrepancy between the plan and the current development status of the hot spring area, the city/county (municipal) government with due jurisdiction may revise or abandon the plan as necessary in accordance with the procedure as stipulated in Articles 5, 6 and 11 of these Regulations.
Article 13
For the purpose of formulating, revising or abandoning a hot spring area management plan, the city/county (municipal) government with due jurisdiction may dispatch personnel to enter public or private land to conduct a field investigation or survey therein.But before so doing, it shall give notice thereof to the owner, user, or manager of the land.
Where the aforementioned field investigation or survey requires that an obstruction on the land be moved or demolished, prior notification thereof shall be given to the owner, user, or manager of the land; and the city/county (municipal) government with due jurisdiction shall furnish appropriate compensation for any consequential loss incurred by the owner, user, or manager of the land.
Article 14
These Regulations shall take effect on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China