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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 00:20
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Chapter Law Content

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.
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