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

Print Time:2024/11/22 02:44
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Chapter Law Content

Chapter10 Penalties
Article 103
Anyone who commits any of the following offences shall be punished with imprisonment from six months up to five years, and a fine of NT$500,000 to NT$20,000,000 could be imposed:
1. Removing or demolishing a monument in violation of Article 36.
2. Destroying or damaging a monument, an interim historic monument, or its ancillary facilities in whole or in part.
3. Destroying or damaging an archaeological site or its relics or ruins in whole or in part.
4. Destroying, damaging or stealing national treasures, significant antiquities or general antiquities.
5. Shipping national treasures or significant antiquities out of the country in violation of Article 73, or failing to ship back the national treasures or significant antiquities within the time limits after they have been shipped overseas with approval.
6. Picking, plucking, chopping, felling, excavating, or destroying by any other means natural monuments or the surrounding ecological environments in violation of Article 85.
7. Altering or destroying the natural status of a natural reserve in violation of paragraph 1 of Article 86.
Attempts to commit any of the offences under the preceding paragraph shall be subject to penalty.
Article 104
Anyone who commits an offence under Paragraph 1 of the preceding Article shall restore the damaged portion to its original condition, or compensate for such damage if it is impossible or very difficult to restore.
The competent authority may restore a monument under the preceding on behalf of the person who did not perform the obligation to do so, and collect the restoration fees from that person.
Article 105
Persons violating Article 103 of this Act in their capacity as the representatives of legal entities, or the agents, employees or other staff members of legal entities or individual shall be subject to the penalty under Article 103. In addition, such legal entities and the individual shall be subject to the fine under the same article.
Article 106
Anyone who commits any of the following offences shall be liable to a fine of NT$300,000 to NT$2,000,000:
1. The owner, user or manager of a monument restores or reuses the monument in violation of Article 24 without following the plan approved by the competent authority.
2. The owner, user or manager of a monument fails to submit a plan for emergency restoration of the monument to the competent authority for approval within the time limit under Article 27, or fails to perform the restoration in accordance with the plan approved by the competent authority.
3. The owner, user or manager of a monument, natural landscape, or natural monument fails to make improvement within the time limit given by the competent authority demanding improvements under Article 28 or 83.
4. Construction projects or other land development activities are conducted in violation of Paragraph 1 of Article 34, Paragraph 2 of Article 57, Article 77, or Paragraph 2 of Article 88.
5. Excavating archaeological sites, catalogued archaeological sites or possible archaeological sites in violation of Article 51, 52 or 59.
6. Reproducing a state owned antiquity without the permission of the custodian agency (institution) in violation of Paragraph 1 of Article 71.
7. Destroying or damaging a historic building or commemorative building in whole or in part, or its ancillary facilities.
Anyone who violates Subparagraphs 1, 2, or 4 to 6 of the preceding paragraph and fails to rectify the violation within the time limit given by the competent authority or as demanded by the competent authority may be penalized consecutively until such rectification is fulfilled. In the event of an emergency, the competent authority may take necessary measures, and recover the suspends from the violator. With respect to violations of Subparagraph 4, the competent authority may order the construction or land development work to be suspended, and have utility companies cut off the supply of water, electricity or other energies.
In the event of a violation of any subparagraph of Paragraph 1 with respect to a state owned historic monument, the competent authority may publicize the name of the management authority. The managing personnel shall be subjected to disciplinary punishment under administrative or judicial regulatory authority.
Article 104 shall apply mutatis mutandis to violations of Subparagraph 7, Paragraph 1 of Article 104.
Article 107
Anyone who commits any of the following offences shall be fined NT$100,000 to NT$1,000,000:
1. Transferring the ownership of a monument and the land of the monument, the land of an archaeological site, a national treasure or a significant antiquity without a prior notice to the competent authority in accordance with Article 32, 55 or 75.
2. Discovering a building under Paragraph 1 of Article 33, a possible archaeological site under Paragraph 1 of Article 57, or an ownerless article deserving of the designation of an antiquity under Article 76, without reporting to the competent authority.
Article 108
Anyone who violates one of the following clauses shall be fined NT$30,000 to NT$150,000:
1. Entering a natural reserve zone without the approval of the competent authority in violation of Paragraph 2 of Article 86.
2. Failing to file a report with the competent authority in accordance with Paragraph 1 of Article 88.
Article 109
Government employees who exploit their official power or opportunities or other methods afforded by their posts to violate Article 103 shall raise their penalties up to one half of the stipulated penalty.
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