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

Print Time:2024/12/05 10:45
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Chapter Law Content

Title: Hot Spring Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Hot Spring Conservation
Article 4
Hot spring is a national natural resource, which is not prejudiced by the land ownership of any person.
The consent to rightful use of land where hot spring water is diverted or extracted shall be provided as a supporting document in the application for registration of hot spring right.
If the land referred to in the preceding paragraph is public land, the land administration agency may lend or consent to the use of such land and charge rental or usage fees.
Local government that intends to develop hot spring on public land shall first complete the title transfer formalities for the land.
The authority-in-charge shall assist and guide the hot spring licensees who have obtained the hot spring water right or mining right prior to the enactment of this Act to replace their permits within a given time as required; the authority-in-charge may change or annul the permit if the hot spring right holders fail to apply for replacement within the given time.
The central authority-in-charge will prescribe directives regarding the time limit, guidance and assistance, procedures for permit replacement, and other related matters mentioned in the preceding paragraph.
The authority-in-charge shall guide and assist persons who have developed hot springs prior to the enactment of this Act.
Article 5
For the purpose of hot spring development, hot spring licensees shall furnish the consent to rightful use of the land along with a development and use plan in the application for permit from the municipal and local authority-in-charge. For hot spring proprietor who has developed hot springs before promulgation of the Act, the current status report may be the substitute for development and use plan for make up application for permit. In case that it is less than certain size and there is no concern about geological disaster, the simple application for permit of hot spring development may be the substitute for current status report.
Preceding development and use plan shall be certified by professional engineers in hydrology and applied geology or mining. Where the development project mentioned in the preceding paragraph requires well drilling, the hot spring licensee shall submit the results of temperature measurements, hot spring composition, a drilling record certified by professional engineers in hydrology and applied geology or mining of drilling, water quality test and related information to the municipal and local authority-in-charge for future reference after the drilling is completed.
The central authority-in-charge will prescribe regulations governing the identification for certain size and without concern of geological disaster, contents of the development plan, current status report and simple application for permit of hot spring development as set forth in paragraph 1, procedures and criteria for granting a development permit, the term of permit, as well as related activities.
The authorities in charge of national parks, scenic areas, national forests, forest recreation areas, water quality and quantity protection areas, or tribal reservation areas may also be a hot spring licensee.
Article 6
No development activities shall be allowed within an area of the hot spring outcrop.
The given area as mentioned in the preceding Paragraph shall be designated by the local authority-in-charge, whereas the principles of designation will be set forth by the central authority-in-charge.
Article 7
After a hot spring development permit is issued, the local authority-in-charge may move to annul or place restrictions on the permit in any of the following situations:
1. The development work has not commenced one year after the issue of permit or the work has stopped for more than one year;
2. The development permit is transferred to another person without approval of the authority;
3. The development activity has significant adverse impact on the discharge, temperature, or composition of hot spring, or resulted in situation that damages the public interest.
The central authority-in-charge will prescribe the conditions, procedure, required documentation, and other pertinent matters for application of development permit as mentioned in the subparagraph 2 of the preceding Paragraph.
Article 8
Where other development activities not for the purpose of developing hot spring raise the concern over significant impact on the discharge, temperature, or composition of hot spring, or have already caused material impact, the local authority-in-charge may, after consulting the appropriate government agency and considering the interests of parties concerned, ask the appropriate government agency to impose necessary restrictions on or ban such activities, and reasonably compensate the affected party for delay in development or other losses sustained by the affected party.
Article 9
Hot spring licensees shall uninstall all of the hot spring facilities and take proper actions for restoration or remediation under any of the following situations: failing to extract hot spring water, the permit revoked or annulled by the local authority-in-charge, or nonuse of hot spring for more than one year.
Article 10
The local authority-in-charge shall report to the central authority-in-charge of the location, quality, discharge, temperature, geological conditions, volume extracted, and usage of the hot springs under its jurisdiction and create databases thereof; the central authority-in-charge shall provide assistance if necessary.
Article 11
In order to conserve and sustain the use of hot springs, the local authority-in-charge shall collect hot spring usage fees from hot spring licensees in addition to the fees levied pursuant to the Water Act and the Mining Act; the central authority-in-charge will prescribe regulations governing the method and scope of collection as well as rates and allocation of revenues.
The fees collected from hot spring usage as mentioned in the preceding paragraph shall be used exclusively to pay administration fees and to provide for hot spring conservation, management, international exchange, infrastructures in hot spring areas and other pertinent purposes. Notwithstanding the foregoing, the local authority-in-charge shall allocate at least one-third of the revenues garnered from hot springs in indigenous people's habitats to the Indigenous People Combined Development Fund of the Executive Yuan to help indigenous peoples' economic and cultural development.
In addition to the one-third of revenues allocated to the Indigenous People Combined Development Fund, the local authority-in-charge shall earmark one-tenth of the hot spring usage fees collected to funds set up by the central authority-in-charge to develop hot spring industry in activities of hot spring policy-making, research and development, and international exchange.
Article 12
Failure to pay the usage fee pursuant to Paragraph 1 of Article 11 will be subject to a surcharge which will be imposed starting from the next day following the payment deadline and amount to 1% of the usage fees due for every three days of delay up to 5% of the usage fee owed.
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