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Chapter Law Content

Chapter 1 General Provisions
Article 1
In order to preserve, protect and manage underwater cultural heritage, to establish the link between nationals and history, to promote the characteristics of this ocean Nation, and to value the spirit of the Convention on the Protection of the Underwater Cultural Heritage of the United Nations and relevant international agreements, this Act is hereby enacted.
Article 2
The competent authority of this Act is the Ministry of Culture.
Whenever the matters prescribed in this Act involve with the competence of other authorities in charge of other matters, it is for the competent authority to consult with such other authorities for the undertaking of such matters.
Article 3
The terms referred to in this Act are defined as follows:
1. “Underwater cultural heritage” means all traces of human existence having a historical, cultural, archaeological, artistic or scientific character which have been partially or totally under water, periodically or continuously such as:
(1) sites, structures, buildings, artifacts and human remains, together with their archaeological and natural context;
(2) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and
(3) objects of prehistoric character.
2. “Activities directed at underwater cultural heritage” means activities having underwater cultural heritage as their primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural including field study, research, excavation, or other activities.
3. “Activities incidentally affecting underwater cultural heritage” means activities which, despite not having underwater cultural heritage as their primary object or one of their objects, may physically disturb or otherwise damage underwater cultural heritage.
4. “State vessels and aircraft” means warships, and other vessels or aircraft that were owned or operated by a State and used, at the time of sinking, only for government non-commercial purposes, that are identified as such and that meet the definition of underwater cultural heritage.
5. Commercial exploitation: purchase, sale, barter or any transaction relating to underwater cultural heritage, or salvage and other activities for profit-seeking purpose.
Article 4
Any activities involved in underwater cultural heritage shall avoid the unnecessary disturbance of human remains or venerated sites.
Underwater cultural heritage shall not be the object of commercial exploitation, except for the purposes of public access and educational promotion approved by the competent authority.
Article 5
The competent authority shall undertake a general survey of underwater cultural heritage, or record and manage the files after conducting the investigation, research and review, in accordance with the procedures prescribed by this Act, on the reports from individuals or organizations that indicate a suspected underwater cultural heritage existed.
Article 6
The competent authority shall fully set up case data for the investigation, research, excavation, preservation, and restoration for underwater cultural heritage. The data shall be permanently preserved in accordance with the Archives Act and its relevant regulations.
The competent authority shall disclose the data referred to in the preceding paragraph in an appropriate manner, unless the disclosure of the data might endanger or otherwise put at risk the preservation, protection, and management of such underwater cultural heritage.
Article 7
The competent authority may establish or designate a dedicated organization for the preservation and research of underwater cultural heritage to perform the investigation, research, excavation, restoration, education, promulgation, international cooperation, and other activities with respect to underwater cultural heritage.
Article 8
The competent authority shall convene the review committee of underwater cultural heritage to review the following subjects:
1. applications for activities directed at underwater cultural heritage;
2. coordination with other authorities in charge of other affairs with respect to activities incidentally affecting underwater cultural heritage;
3. the recordation and management of underwater cultural heritage;
4. the zoning of underwater cultural heritage protection areas;
5. subject substantially relating to the preservation of underwater cultural heritage.
The competent authority shall stipulate regulations for the organization, operation, and related matters of the review committee, as referred to in the preceding paragraph.
Article 9
Where an environmental impact assessment is required for an exploitation activity, or where a governmental agency and state-owned enterprise makes or ratifies a plan with respect to exploitation and utilization of a water area, it is required to conduct a prior investigation related to the existence of underwater cultural heritage or suspected underwater cultural heritage. A notification of the discovery shall submit to the competent authority if any.
The competent authority and the other authority in charge of other affairs shall stipulate regulations related to the scope of the exploitation and utilization, the determination, investigation, and handling measures as well as the procedure as referred to in the preceding paragraph jointly.
Article 10
The authority in charge of other affairs shall notify the competent authority prior issuing an approval or permit for the activity involving the seabed or sea subsoil.
After consulting with the other authority in charge of other affairs, the competent authority shall stipulate regulations related to items, content, scope and other matters that shall be complied with concerning the activity referred to in the preceding paragraph.
Article 11
The competent authority shall educate and train the relevant professionals with respect to underwater cultural heritage in order to undertake the preservation of underwater cultural heritage.
After consulting with the other authority in charge of other affairs, the competent authority shall stipulate regulations related to items, manners, procedures, examinations, evaluations, utilization, withdrawal, revocation, and other related affairs of the professionals referred to in the preceding paragraph.
Article 12
The competent authority shall promote the underwater cultural heritage education at each level of school. After consulting the Ministry of Education, the competent authority shall stipulate regulations related to the implementation and encouragement of the aforesaid education.
Article 13
Anyone who discovers suspected underwater cultural heritage shall terminate any activity that has an influence on such heritage, maintain completeness of the site, and promptly report the discovery to the competent authority excepted that there is a need to prevent an urgent and severe danger or there is a substantial public interest at stake, such activity may not be terminated, and the discovery of such shall be reported to the competent authority.
Any recovered suspected underwater cultural heritage referred to in the preceding paragraph, shall deliver to the competent authority.
After receiving the report referred to in the first paragraph, the competent authority may take the following measures:
1.restrict or terminate all or part of the activity which has an influence on the suspected underwater heritage in a specific water area.
2.undertake necessary investigation, research, and other related underwater operations.
3.set up a temporary protection zone in the water area of the discovery site.
Articles 28 to 33 shall apply mutatis mutandis to the temporary protection zone prescribed in the third subparagraph of the preceding paragraph. The duration of such temporary protection zone shall not exceed 2 years and may be extended once, if necessary. The temporary protection zone will lose its status once the period has expired.
When the competent authority takes the measures contained in the third paragraph of this Article, the competent authority may request the coast guard agency to provide assistance under its authority, if necessary.
Article 14
Any salvage or declaration of interest relating to underwater cultural heritage shall not be subject to the provisions concerning bona vacantia, lost property, treasure-trove, picking up of floating property, or sunken property prescribed in the Civil Code and other provisions concerning the law of finds or law of salvage prescribed in the Maritime Act and related maritime laws.