Chapter Two: Planning and Construction
Article 8
The competent authority at each respective level shall plan the Common Duct system under the jurisdiction after consultation with the relevant utility agency (or organization). The Common Duct system in municipality and hsien (or city) may only be announced to the public after being approved by the competent authority at central level. The same applies to any changes or annulment.
The aforementioned Common Duct system crossing more than two (2) administrative jurisdictions shall be negotiated by the related competent authorities; while the conclusion can not be reached, it shall be submitted to the supervisory competent authority for a decision. The announced Common Duct system shall be overall reviewed every three (3) to five (5) years. But it may also be reviewed at any time in order to match the performance of the nation’s important policy or significant projects.
Article 9
The competent authority shall negotiate, according to the announced Common Duct system, with the relevant utility agency (or organization) to stipulate the execution plan and to construct the Common Duct. While the aforementioned negotiation can not be concluded, it shall be submitted to the supervisory competent authority for a decision after consultation with the supervisory authority of the utility agency (or organization) concerned.
Article 10
The competent authority at each respective level may stipulate, according to actual demands or the application of related authority (or organization), the Common Duct project after consultation with the relevant utility agency (or organization) for the area not being covered by the announced Common Duct system; and afterward submit it to the supervisory authority for approval. The aforementioned project shall be included in the Common Duct system and be announced to the public according to the provisions of Article 8.
Article 11
The Common Duct shall be constructed with precedence in the projects of new town development, new community development, village community renewal and reallocation, regional requisition, urban land reallocation, urban renewal area, mass rapid transit system, underground railway, and other significant ones. While the implementing area is located within the Common Duct system, the respective competent authority shall integrate, after consultation with the concerned engineering authority and relevant utility agency (or organization), the execution plan of Common Duct into the concerned significant projects and perform it.
Article 12
In constructing urban roads, the electricity wires shall be buried underground, and the Common Duct shall be planned according to the urban development and demand. The built Common Duct shall contain the utilities that were previously buried under the roads. But those utilities that are considered not applicable to be contained by the competent authority shall be excluded.
Article 13
The competent authority shall delimit the forbidden range of road excavation and announce it to the public, while stipulating the execution plan of Common Duct. However, those do not affect the construction of Common Duct may be excluded with the approval of the competent authority.
Article 14
The Common Duct system shall be delimited in principle within the right of way. But for engineering necessity it may also over-pass and under-pass the private and public land, or attach to the buildings and structures. However, it shall be undertaken in the place and with the manner of minimal damages, and to compensate with negotiation.
While the aforementioned private land can no longer be properly used due to the passing through of Common Duct system, the owner of the land may file a requisition of land from the first day of construction to the end of one (1) year after its completion; the competent authority can not refuse this request.
Regarding the aforementioned over-passing and under-passing the land, the review regulations of using procedure, range, boundary delimitation, registration, requisition, compensation shall be prescribed by the central competent authority.
Article 15
In order to build the Common Duct, the necessary actions concerning the other underground facilities shall be consulted beforehand with the owner of the facility or related authority (or organization).
Article 16
After the completion of Common Duct, the excavation on the roads containing Common Duct shall be forbidden except the special cases with the approval of the competent authority.