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Chapter Law Content

Title: Wetland Conservation Act CH
Category: Ministry of the Interior(內政部)
Chapter 2 The Evaluation, Modification and Abolition of Wetland of Importance
Article 8
Wetland of Importance are classified into three levels, which are the international level, national level and regional level, which the competent central government authority are to evaluate in accordance with a particular wetland’s biodiversity, natural elements, representativeness, characteristics, reasonability of planning and landowner’s willingness, which is also based on the following items:
1. A critical environment serving as the habitat and conservation for international migratory species.
2. A concentrated distribution area of other rare and endangered living organisms that need conservation.
3. Vital breeding grounds, feeding grounds, migratory paths and other critical habitats for fish and other living organisms.
4. Offering biodiversity, ecological functionality and scientific research value.
5. Offering functions of critical soil conservation, water resources culmination, flood prevention and flood retention.
6. Areas offering natural heritage, historical culture, folklore heritage, landscape aesthetics, environmental education, tourism and recreational resources that are valuable or with potential value to the local community, the nation or the international society.
7. Constructed wetland with rich ecological functions.
8. Other relevant wetlands designated by competent central government authorities.
Article 9
Wetland of Importance that has been altered, disappeared or deemed unrecoverable due to natural change or major disasters, or when needed for critical national and public interest, may need to be review and if necessary, may be amended or abolished.
Article 10
Prior to conducting a review on wetland evaluation, modification or abolition, a public notice shall be staged for thirty days and a public hearing shall be given to the local population, and the information on the dates and venues of the public notice and hearing shall also be disclosed in the government journal, newspapers, exclusive website and by other suitable means of notifying the general public. Any member of the public or organization may, during the public notice, state in writing their name or title, address and opinions, and then forward it to competent central government authority as references in the review process. The opinions and responses shall also be included along with the review findings and submit to the Executive Yuan for approval.
The progress, findings, opinions, responses, adaptations, and other relevant information of the foresaid review shall be disclosed in the government journal, newspapers, exclusive website or by other suitable means of notifying the general public.
The review described in paragraph 1 shall be completed within 180 days period, effective from the following day when the public notice concludes. However, under extraordinary circumstances, it may be extended by 90 days, but it is limited to extend one time only.
The principle and standard of the evaluation, classification, modification and abolition, border zoning and change of Wetland of Importance, and the measures concerning public participation and opinion processing are to be defined by competent central government authority.
Article 11
Following the approval of evaluation, modification and abolition of Wetland of Importance by the Executive Yuan, the competent central government authority shall publicly announce such information within a thirty-day period from the date the official approval document has been received by disclosing it in the government journal, newspapers, exclusive website or by other means of notifying the general public.
Article 12
The one that has completed the public notice to enter the procedure of evaluating Wetland of Importance are classified as temporarily Wetland of Importance.
In the wake of any urgent conditions of a wetland, the competent central government authority may, according to the power vested in or per the application of relevant government departments or organizations, proceed to publicly announce it as a temporarily Wetland of Importance.
The temporarily Wetland of Importance as described in the paragraph 2 shall complete the evaluation of Wetland of Importance within a ninety-day period effective from the public announcement date. However, under extraordinary circumstances, it may be extended by ninety days, and when exceeding the deadline, the initial announcement’s ruling shall cease to be valid.
Of the temporarily Wetland of Importance as described in paragraph 1 and paragraph 2, the competent central government authority shall adopt timely and effective maintenance measures to avoid sabotage, and may, depending on the needs, publicly announce essential restrictive or banning actions as prescribed in Article 25.
The competent government authorities holding the purview of the industries and the landowner, user or operator shall be notified of the aforementioned measures or public announcement in writing.