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

Print Time:2024/11/23 23:41
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Chapter Law Content

Title: Basic Environment Act CH
Category: Ministry of Environment(環境部)
Chapter 3 Prevention and Relief
Article 19
The governments at all levels must take preventive measures to protect non-renewable resources. For rare resources that have exceeded the limit or are on the verge of extreme utilization, they must be regularly investigated and evaluated, and improvement or restriction measures must be taken.
Article 20
The governments at all levels must actively take various measures to protect the marine environment, strengthen coastal management, and prevent excessive use of groundwater, strata subsidence and coastal erosion.
Article 21
The governments at all levels must actively adopt measures to curb carbon dioxide emissions and formulate relevant plans to prevent the greenhouse effect.
Article 22
The governments at all levels must actively study and establish environmental and health risk assessment systems, adopt preventive and health care measures, reduce health risks, and prevent and mitigate environment-related diseases.
Article 23
The government must formulate a plan to progressively achieve the goal of a non-nuclear homeland. Nuclear energy safety control, radiation protection, radioactive material management and environmental radiation detection must also be strengthened to ensure that people avoid radiation hazards in their daily lives.
Article 24
The central government must establish an environmental impact assessment system to prevent and mitigate the adverse impact of government policies or development actions on the environment.
Article 25
The central government must, having regard to the needs of the community and the level of science and technology, formulate phased environmental quality and control standards.
In order to meet the environmental quality standards mentioned in the preceding paragraph, local governments may set stricter control standards in accordance with the natural and social conditions in their jurisdictions, which must be applicable to the jurisdiction after being referenced by the central government.
Governments at all levels must take necessary measures to meet the standards set forth in the preceding two paragraphs.
Article 26
The central government must establish a system of prior permits, random checks, and self-reporting by enterprises for environmental pollution to effectively control pollution sources.
The central government must establish a system of prior licensing, control and inspection for the use of scarce resources and natural and cultural heritage in order to effectively conserve natural resources.
Article 27
The governments at all levels must establish a strict environmental monitoring network, regularly announce the monitoring results, establish an early warning system, and take necessary measures.
Article 28
Environmental resources are owned by all citizens for generations.
The central government must establish a system of paying for environmental pollution and destruction, and levy pollution prevention and environmental restoration fees on polluters and saboteurs, so as to maintain the sustainable use of the environment.
Article 29
The Executive Yuan shall set up a National Sustainable Development Council, which shall be responsible for decision-making on national sustainable development-related matters and must be implemented by relevant ministries and commissions, and the council must be composed of one-third each of government agency representatives, scholars and experts, and civic group representatives.
Article 30
In order to effectively integrate and promote policies and relevant affairs for the maintenance of environmental resources, the central government must set up a special agency for environmental resources.
Article 31
The central government must, in accordance with the law, set up various environmental funds to be responsible for environmental clean-up, rehabilitation, tracing the sources of pollution, and promoting matters beneficial to environmental development.
Article 32
The governments at all levels must strengthen public construction for environmental protection, improve environmental quality, and impose appropriate fees on beneficiaries or users.
The construction of relevant environmental protection treatment facilities by enterprises must be strengthened.
Article 33
The central government must establish an environmental dispute settlement mechanism, strengthen education, training, research and development on the technology for identifying the cause of disputes and the burden of proof, and provide an appropriate dispute resolution mechanism.
The central government must establish an environment-related emergency response, damages, compensation and relief system.
Article 34
When the governments at all levels neglect to enforce the law, the people or public interest organizations may, in accordance with the law, file a lawsuit with the competent authority as the defendant in the Administrative Court.
When the Administrative Court makes a ruling, it may order the defendant to pay appropriate attorney's fees, monitoring and appraisal fees, or other litigation costs to the plaintiff who has made a specific contribution to the maintenance of environmental quality.
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