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

Print Time:2024/11/22 02:23
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Chapter Law Content

Chapter 3 Penal Provisions
Article 20
Those that knowingly report false information in documents submitted pursuant to Article 7, Article 11, Article 13 or Article 18 shall be punished by a maximum of three years imprisonment, detention and/or a fine of a maximum of NT$30,000.
Article 21
For those circumstances in which a developer fails to comply with an order to suspend development activity issued by the industry competent authority pursuant to this Act, the statutory responsible person shall be punished by a maximum of three years imprisonment, detention, and may be fined a maximum of NT$300,000.
Article 22
Those developers that, prior to receiving the authorization of the competent authority pursuant to Article 7 or Article 13, directly pursue a development activity in Article 5, Paragraph 1 shall be fined NT$300,000 to NT$1.5 million; for such a developer, the competent authority shall notify the industry competent authority to issue an order for the suspension of the implementation of the development activity. When necessary, the competent authority may directly issue an order for the suspension of the implementation of the development activity; for those that fail to comply with such an order, the statutory responsible person shall be punished by a maximum of three years imprisonment, detention and may be fined a maximum of NT$300,000.
Article 23
For one of the following circumstances, violators shall be fined NT$300,000 to NT$1.5 million and ordered to make improvements within a limited time period; those that have still failed to make improvements by the deadline shall be issued consecutive daily fines.
1. The violation of Article 7, Paragraph 3, Article 16-1 or Article 17
2. The violation of Article 18, Paragraph 1 through a failure to submit an environmental impact survey report or the violation of Article 18, Paragraph 3 through a failure to submit response strategies or a failure to carry out strict implementation in accordance with response strategies
3. The violation of Article 28 through a failure to submit response strategies or a failure to carry out strict implementation in accordance with response strategies
For those severe circumstances in the preceding paragraph, the competent authority may notify the industry competent authority to order the suspension of the implementation of the development activity. When necessary, the competent authority may directly order the suspension of the implementation of the development activity; for those that fail to comply with an order, the statutory responsible person shall be punished by a maximum of three years imprisonment or detention, and may be fined a maximum of NT$300,000.
Those developers that are unable to complete improvements by the improvement deadline in Paragraph 1 due to natural disaster or other force majeure shall continue to make improvements after the reason ends and shall, within 30 days, apply to the competent authority for the approval of a starting date for the remaining time period by submitting a written explanation of cause and relevant verification documents.
The severe circumstances referred to in Paragraph 2 means one of the following.
1. Those circumstances in which the developer causes extensive public nuisance or serious destruction of natural resources
2. Those circumstances in which the developer does not implement development activities in accordance with the review conclusion of the competent authority or the commitments of the environmental impact statement or environmental impact assessment report, thereby endangering human health or agricultural, forestry, fisheries or livestock resources
3. Those circumstances in which the developer still fails to complete improvements after 30 days of consecutive daily fines issued by the competent authority
Those developers that have been ordered to suspend the implementation of a development activity by the competent authority pursuant to Paragraph 2 shall submit the implementation results of their improvement plan to the competent authority for checking prior to the resumption of the implementation of the development activity; this also applies to those developers that have been ordered to make improvements within a limited time period by the competent authority and that report the suspension of the implementation of the development activity of their own volition. Those developers for whom checking reveals a failure to comply with standards may not resume the implementation of the development activity.
In order to prevent the expansion of the degree or scope of environmental impact during the time period for the suspension of the implementation of a development activity in the preceding paragraph, the competent authority shall, in conjunction with the relevant agencies, require that the developer carry out restoration and improvements and emergency response measures in accordance with relevant laws and regulations. The competent authority may request the industry competent authority in writing to cancel the permission of those that fail to comply with this requirement.
The central competent authority shall determine the starting date, temporary suspension dates, termination date, improvement completion verification checks and other binding matters for the daily consecutive fines referred to in Paragraph 1 and Paragraph 4.
When the developer violates this Act or related orders determined pursuant to the authorization of this Act and the competent authority is negligent in implementation, victims or public interest groups may notify the competent authority in writing of the details of the negligent implementation.
For those competent authorities that have still failed to carry out implementation in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with an administrative court based on the negligent behavior of the competent authority in fulfilling its implementation duties in order to seek a ruling ordering the competent authority to carry out implementation.
When issuing a verdict on the lawsuit in the preceding paragraph, the administrative court in accordance with its authority may order the defendant competent authority to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the prevention and mitigation of the adverse impact of the development activity on the environment.
The central competent authority shall determine the format of the written notification in Paragraph 8.
Article 23-1
Developers which have been punished and notified to make improvements within a limited time period pursuant to this Act shall submit an improvement completion report or improvement completion verification documents to the competent authority for checking by the deadline.
Those developers that fail to perform pursuant to the preceding paragraph shall be regarded as having failed to complete improvements.
Article 24
For fines issued pursuant to this Act, those that have been notified to make payments within a limited time period and have still failed to make payments by the deadline shall be referred a court for compulsory enforcement.
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