Chapter II Planning and Construction
Article 6
The central competent authority drafts fishing port plans for the planning and construction of first category fishing ports, and then submits the plans to the Executive Yuan for approval and implementation.
The municipal/county (city) governments draft, announce, and implement fishing port plans for the planning and construction of second category fishing ports, and submit the plans to the central competent authority for reference.
In case that the planning as referred to in the preceding two paragraphs involves land-use zoning or alteration of land use, the Regional Plan Act, the Urban Planning Law, or the National Park Law shall apply.
Article 7
The basic and the public facilities of a fishing port shall be budgeted and established by the competent authority in accordance with a fishing port plan. Notwithstanding, facilities used by the respective competent authority of the relevant industry shall be budgeted and established by such authority concerned.
Article 8
The competent authority may expropriate private lands necessary for the establishment of basic and public facilities in accordance with Land Expropriation Act and relevant legislation.
Proper ownership shall be assigned to any reclaimed land in a fishing port plan in accordance with related legislation. Upon completion of reclaiming, such reclaimed land shall be registered, used, and managed in accordance with the plan.
Article 9
The new construction, extension, and reconstruction of any building and facility in a fishing port area shall be firstly approved by the competent authority, prior to the approval of the local construction authority. The competent authority may notify the local construction authority to demolish any building and facility established without permission.
Article 10
For any legal building or impediment in a fishing port area that poses risks of severely obstructing a fishing port plan, the competent authority and the local construction authority may, in accordance with the Building Act, notify the concerned owner(s) or user(s) to reconstruct, move, or demolish such building and impediment within a timeframe.
The competent authority shall provide appropriate compensation for the direct damage resulted from reconstruction, movement, or demolition of the building and impediment as referred to in the preceding paragraph. Disputes regarding compensation shall be reported to the central competent authority for final decision.