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

Print Time:2024/11/22 08:02
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Chapter Law Content

Title: Marine Conservation Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 2 Marine Protected Areas
Article 6
The types of marine protected areas specified in this Act include the following marine areas or adjacent land areas:
(1) Wildlife refuge
(2) Major Wildlife Habitats
(3) National parks and national natural parks
(4) Marine resource protected area in designated national scenic areas
(5) Aquatic organisms propagation and conservation zone
(6) Underwater cultural heritage protection area
(7) Natural reserves
(8) Geoparks
(9) Important wetlands
(10) Marine Sanctuaries
(11) Protected areas designated in accordance with other laws and regulations
The central competent authority may identify areas other than marine protected areas that have effective conservation measures (Other Effective Area-based Conservation Measure; OECM). The standards for such identification shall be determined by the central competent authority.
Article 7
The central competent authority shall develop overall marine protected area management policies and guidelines, in conjunction with each central competent authority and report them to the Executive Yuan for approval before implementation. The same shall apply to changes in such policies and guidelines.
The content of the overall marine protected area management policies and guidelines set forth in the preceding paragraph shall include the following matters:
(1) Policy objectives
(2) Classification and grading of marine protected areas
(3) Planning and management of marine protected areas
(4) Monitoring of marine protected areas
(5) Review and effectiveness evaluation of marine protected areas
(6) Other matters related to the management of marine protected areas
After implementation of the overall marine protected area management policies and guidelines mentioned in Paragraph 1, the central competent authority shall review them at least every five years.
For marine protected areas designated in accordance with other laws and regulations, the names, contents, designation procedures, handling agencies, and management matters of such protected areas shall be integrated in the overall marine protected area management policies and guidelines in accordance with those laws and regulations.
The central competent authority shall coordinate the implementation of the overall marine protected area management policies and guidelines by relevant agencies if there is any doubt about the implementation. In the event that the coordination fails, it shall be reported to the Executive Yuan for decision.
Article 8
The central competent authority may designate the marine ecosystems as marine sanctuary areas if they require special protection and have not been designated as marine reserves by other competent authorities.
To handle the business referred to in the preceding paragraph, the central competent authority shall set up a review committee composed of experts and scholars, indigenous peoples, fishermen groups, conservation groups, and other non-governmental organizations, as well as representatives from relevant agencies. Among the committee members, representatives without official status shall constitute no less than half of the total membership, and representatives from indigenous and fishermen groups shall together constitute no less than one-third of the total membership.
Resolutions of the meetings of the review committee shall be adopted with the attendance of more than half of the members and the approval of more than two-thirds of those present.
If the designation of the core zone of a marine sanctuary causes special sacrifices to the existing users of the zone, the affected users shall be compensated.
The standards for designation, modification, and abolition procedures of the marine sanctuary mentioned in Paragraph 1; the establishment, composition, and operation of the review committee mentioned in Paragraph 2; the conditions and standards for compensation mentioned in the preceding paragraph; and other related matters shall be prescribed by the central competent authority.
Article 9
After designation of a marine sanctuary, the central competent authority shall, in consultation with the relevant authorities, formulate a marine sanctuary conservation plan, make it available for public exhibition for 30 days, and hold a public hearing. The same shall apply when the marine sanctuary is modified or abolished.
The dates and location of the public exhibition and public hearing referred to in the preceding paragraph shall be published in government gazettes, newspapers, online, or widely publicized through other appropriate means. Individuals, legal persons, or organizations may submit their opinions to the central competent authority in writing, stating their names and addresses, during the period of the public exhibition.
After announcing the implementation of the marine sanctuary conservation plan, the central competent authority shall publish the plan in government gazettes or newspapers, online, or by other appropriate methods to make the plan widely known.
Article 10
No person or vehicle is allowed to enter the core zone of a marine sanctuary except for one of the following circumstances:
(1) National security or military purposes.
(2) Official purposes including marine area patrol, criminal investigation, fishery patrol, pollution prevention and control, shipwreck rescue, installation and management of aids to navigation, marine conservation, preservation or management of underwater cultural heritages, etc.
(3) Vessels passing through the area continuously and rapidly without engaging in activities other than navigation.
(4) Scientific research, monitoring, or investigation activities approved by the central competent authority.
Regulations governing the procedures for applying for approval as mentioned in Subparagraph 4 of the preceding paragraph, documents to be attached, deliberation operations, revocation of approval, and other related matters shall be prescribed by the central competent authority in consultation with relevant authorities.
Article 11
In the buffer zone of a marine sanctuary, the following acts are prohibited unless permitted by the central competent authority. However, this shall not apply in the circumstance specified in Subparagraph 1 or Subparagraph 2 of the proviso of Paragraph 1 of the preceding article.
(1) Aquaculture.
(2) Harvest of marine life.
(3) Excavation and dredging of waterways or construction of maritime projects.
(4) Installation of electrical cables, pipelines, facilities, or constructions.
(5) Engagement in prospecting or mining.
Those who engage in acts set forth in Subparagraph 1 or Subparagraph 2 of the preceding paragraph are exempted from the applying for a permit if they meet the requirements announced by the central competent authority, including the type, quantity, method, scope or period.
Article 12
In the sustainable-use zone of a marine sanctuary, engaging in the following activities is prohibited unless permitted by the central competent authority. However, this shall not apply in the circumstance specified in Subparagraph 1 or Subparagraph 2 of Paragraph 1 of Article 10:
1. Excavation and dredging of waterways or construction of maritime projects.
2. Installation of electrical cables, pipelines, facilities or constructions.
3. Engagement in prospecting or mining.
Article 13
Regulations governing the conditions for applying for a license as mentioned in the preceding two articles, application procedures, revocation of the license, and other related matters shall be prescribed by the central competent authority.
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