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

Print Time:2024/11/22 07:56
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Chapter Law Content

Title: Sand and Gravel Excavation Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Sand and Gravel Excavation Permit
Section 1 Conditions for applying permit
Article 5
Citizen of the Republic of China may apply for sand and gravel excavation permit pursuant to this Act.
Government Authority apply or accept application for sand and gravel excavation permit shall comply with the provisions listed in this Act and consider the specific local government regulations for sand and gravel excavation total quantity control.
The operating regulations for sand and gravel total quantity control shall be determined by the Central Government Authority.
Article 6
For river and water sand and gravel, its excavation duration is limited to three years and can not be extended when expired. For land and costal line and sea sand and gravel, its excavation duration is limited to 10 years and can be extended for the same duration after expiration.
Article 7
To apply sand and gravel excavation, the excavation area is limited to less than 20 acres for river and water sand and gravel, 100 acres for both costal and sea sand and gravel and land sand and gravel.
Within the sand and gravel excavation permitted area, the excavation shall be limited to the permitted depth from the excavation boundary vertically downward. The criteria for the depth of excavation shall be promulgated through Central Government Authority after consulting with related Government Authorities.
Article 7-1
For the needs of public construction and economic development, governing authority may select suitable location and delimit designated sand and gravel excavation area after on site inspection accompanied with water resources, fishing, soil and water conservation, environmental protection, land use and management, and other related authorities.
The delimitation of sand and gravel excavation designated area by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City need to apply for permission from central governing agency.
The private land within the range of sand and gravel excavation designated area shall be expropriated ; for public land shall be appropriated through required regulations.
The governing authority that delimitate sand and gravel excavation designated area shall conduct development and excavation planning. After conducting environmental impact assessment, water and soil conservation audition and non-urban land converting classification or urban land converting procedures, the sand and gravel excavation designated area can then be declared to accept sand and gravel excavation permit application.
The application of sand and gravel excavation within sand and gravel excavation designated area shall follow original excavation plan designed by governing authority to prevent repeating procedures described in the above listed articles.
Sand and gravel excavation person shall be recognized as an obligor and development entity and conduct development entity converting under environmental impact assessment regulations.
In article 3, the private land owner can use expropriated compensation to become share holder or partner of sand and gravel excavation person under the agreement of sand and gravel compensation person.
Article 7-2
The sand and gravel excavation designated area delimited by central governing authority, the central governing authority shall examine the application for excavation and issue the permit, and monitor and administrate the conduction of excavation.The sand and gravel excavation designated area delimited by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City shall be executed by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City.
The sand and gravel excavation designated area delimited by central governing authority, its application, monitoring, administration and penalty shall comply with Sand and Gravel Excavation Act.
Article 8
For the excavation of river sand and gravel, Municipal or County (city) governments shall conduct site investigation along with River Management Office after receiving the applications of sand and gravel excavation and river use, including application form and drawings. After obtaining the river use permit issued from River Management Office, Municipal or County (City) Governments shall process and transmit to the applicant.
For the works of river and reservoir dredging and maintaining waterway conducted by Water Resources Agency, the excavation of sand and gravel complying with Water Resources Act shall be exempted from the restrictions listed in the provision of this Act.
Article 9
To apply the land for sand and gravel excavation, for public land, the Land Management Office may lease the land or agree the use of land for sand and gravel excavation, and acquire rent or land use fee.
The rent or land use fee shall be determined by the Land Management Office that lease or agree the use of land for sand and gravel excavation. To excavate sand and gravel in the sea outside of dike shall be free of charge.
Section 2 Application and drawings
Article 10
To apply sand and gravel excavation permit, the following documents shall be prepared and submitted to Municipal or County (city) governments. If the required documents are not collected completely, the government authority has the right to reject the application.
1. Application form and sketch of applied area.
2. Receipt of application fee.
3. Sand and gravel excavation plan and drawings.
4. Letter of consent for sand and gravel excavation from land owner, user or administrator of the applied area or certain certificates that permit the use of agree to conduct planning for public land sand and gravel excavation. For the application of costal and sea sand and gravel excavation, the above mentioned documents are not required.
5. Other related documents specified by central governing authority.
The applicant applying for sand and gravel excavation in others mining area shall provide letter of consent issued by the mining right holder before the due date set by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City. For sand and gravel excavation in others mining area but excavate different deposit, if the letter of consent can not be obtained, the reasons and documents that may prove the contact and or negotiation had been made with the mining right holder need to be provided.
The required sand and gravel excavation plan and drawings described in Paragraph 1 Subparagraph 3 need to be certified by registered professional mining engineer or other related professional engineers.
Article 11
The required sand and gravel excavation plan and drawings described in Paragraph 1 Subparagraph 3 should include the following items:
1. Excavation plan.
2. Water and soil conservation and environmental maintaining measures.
3. Land reclamation and maintaining measures after the depletion of sand and gravel or no intention to continue the operation.
4. Transportation plan.
5. Public facilities maintaining plan.
6. Drawings of sand and gravel excavating operation.
7. Surveying map of the sand and gravel excavation area.
8. Location of sand and gravel excavation area and related road map.
9. Other items that need to be included or documents required by Central Government Authority.
Article 12
Boundary of the applying area, acreage and the depth described in Article7 Paragraph 2 of this Act shall be surveyed following the procedures and methods that are promulgated by Central Government Authority.
Section 3 Examine and registration
Article 13
For the application of sand and gravel excavating permit, Municipal or County (City) Governments shall examine related documents and drawings submitted. For those documents and drawings submitted are insufficient or incomplete, Municipal or County (City) Governments should notify the applicant the reasons and request those insufficient and incomplete documents and drawings to be submitted within thirty days. Fail to submit or incomplete required documents and drawings before deadline, the application shall be rejected.
Article 14
When examining the application for sand and gravel excavation permit, the municipal or county (city) government shall conduct investigation along with other governmental agencies including water, fishery, water and land conservation, traffic, environmental protection and land use, land administration and other related agencies. After examining the application by the related governmental agencies and no violation of any laws or regulations are found, the application will then be reviewed by central government authority and issue sand and gravel excavation permit.
Article 15
Sand and gravel excavation approved by Municipal or County (City) Governments shall be recorded in the sand and gravel excavation site registration and reported to Central Government Authority for reference along with related plans and drawings.
For those sand and gravel excavation area been approved, Municipal or County (City) Governments shall prepare traffic connection map of the approved sand and gravel excavation area for public reference.
Section 4 Extension
Article 16
Sand and gravel excavation party apply for permit extension complying with the requirements listed in Article 6 shall submit the request for extension six month prior to initial permit expiration. For those sand and gravel excavation permit period within one year, the application for extension shall be submitted two month prior to the expiration of the initial permit period.
Article 17
Provision under Articles 10, 13 and 15 shall apply the application for the extension of sand and gravel excavation.
Section 5 Commencement, area reduction, revision and extinction
Article 18
Sand and gravel excavation party shall prepare all required documents and drawings and submit to Municipal or County (City) Governments and apply the issuance of sand and gravel excavation registration and commence the operation within six month after the date obtaining the permit. For those who posses rational reasons, extension may be applied before the expiration date of the required six month period mentioned above shall be limited to two extensions.
Article 19
Prior to applying for issuance of sand and gravel excavation field registration, the sand and gravel excavation party shall set up boundary marker and sign boards, and shall provide proper maintenance.
The specification of boundary markers and sign boards shall be determined by Central Government Authority.
Article 20
Sand and gravel excavation party shall excavate sand and gravel in accordance with the approved sand and gravel excavation plan and conduct related works including water and soil conservation, environmental protection, reclamation and hazardous prevention.
Article 21
If the approved sand and gravel excavation plan need to be revised due to hazardous prevention works or sand and gravel resource conservation reasons, it shall be reported to Municipal or County (City) Governments. The loss of sand and gravel excavation party may claim for rational compensation from Municipal or County (City) Governments.
Article 22
Sand and gravel excavation party apply for area reduction or revision of sand and gravel excavation field to Municipal or County (City) Governments shall prepare the following documents.
1. The documents specified under Paragraphs 1 to 3 and Paragraph 5 in Article 10. When applying for revision, shall submit the documents specified under Paragraph 4 of the same Article.
2. Relation map of new and old sand and gravel excavation area.
3. Statement of reasons.
Article 23
Municipal or County (City) Governments shall revoke sand and gravel excavation permit obtained illegally.
Article 24
If one of the following occurs to the sand and gravel excavation party, the Municipal or County (City) Governments shall report to the Central Government Authority to examine and revoke the sand and gravel excavation permit.
1. Result in apparent environment and ecology impact and was found to be true after investigation, and the sand and gravel excavation party fail to improve or improve ineffectively, after been notified.
2. Without applying for sand and gravel excavation field registration in accordance with the provision under Paragraph 1 in Article 18.
3. Without commencing the sand and gravel excavation operation within six month after obtaining sand and gravel excavation field registration, or suspending sand and gravel excavation operation for more than six month after commencing excavation; however, with appropriate reason and request granted shall be exempted.
4. Without operating sand and gravel excavation by its own or excavating outside of the approved area.
5. Without following the approved sand and gravel excavation plan to excavate sand and gravel and fail to improve or unable to improve within preset deadline after notification.
6. Without following the notice to suspend part or all excavating operation after notified by Municipal or County (City) Governments in accordance with Article 34.
7. Fail to pay for the rental or public land use fee.
8. After the depletion of the sand and gravel or without the intention to continue the operation but fail to comply with the requirements under the provisions described in Article 36.
9. Fail to comply with Article 48 to pay environmental maintaining fee, then one month after notified by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government without paying the fee before the due date.
Article 25
When abolishing or revoking sand and gravel excavation permission, the sand and gravel excavation permit and sand and gravel excavation field registration shall be nullified.
Article 26
When the sand and gravel is depleted or without the intension to continue the operation, the sand and gravel excavation party shall arrange nullification of sand and gravel excavation permit and sand and gravel excavation field registration to the Municipal or County (City) Governments, after conducting reclamation operation in accordance with the original approved sand and gravel excavation plan and related laws and regulations. Fail to arrange such nullification, Municipal or County (City) Governments shall abolish discretionally.
Article 27
At the expiration, revocation or abolition of Sand and Gravel Excavation Permit, the excavation party shall perform the restoration in accordance with the approved sand and gravel excavation plan and related Acts and regulations.
Article 28
After using leased land for sand and gravel excavation, or stopping used the land after restoration, when land damaged, the excavation party shall make comparable compensation depends on the extent of damage.
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