Chapter 3 Coastal Zone Utilization and Management
Article 25
Applicants of development, construction, buildings, or special usages reaching a certain scale in specific zones of non-first-class coastal protection zones shall attach a coastal zone utilization and management manual when applying for the Central Competent Authority’s approval.
The competent authority of the industries may not issue a development or construction permit without approval from the Central Competent Authority.
Regulations on the specific zone of coastal zones, certain scale, special usages, format of the coastal utilization and management manual, application procedures, time-limit, abolishment, and other matters in paragraph 1 shall be prescribed by the Central Competent Authority.
Article 26
Applications for approval in accordance with paragraph 1 of the preceding article may only be approved after the Central Competent Authority determines that the following conditions have been met:
1. Complies with utilization principles set forth in the integrated coastal zone management plan.
2. Complies with control items of the coastal protection plan and coastal disaster prevention plan.
3. Ensures public access or provides alternative measures.
4. Adopts effective measures to avoid or mitigate the impact on coastal ecosystem and the environment.
5. When it is necessary to use the natural coast or sea reclamation for development purposes, in principle only the minimal amount should be used, and effective measures to compensate or restore ecological and environmental losses shall be adopted in suitable areas within the development area or nearby coastal areas.
Conditions for approval and regulations on other matters in the preceding paragraph shall be prescribed by the Central Competent Authority.
Article 27
Where the main planning areas of urban master plans, regional plans, , or national park plans are within the coastal zone, the agency responsible for deliberating the plans shall seek the opinion of the competent authority.
Article 28
The Central Competent Authority shall provide suitable incentives and commendation for coastal protection, restoration, disaster prevention, education, promotion, research and development, creation, donation, adoption, and management items that benefit the public.
Article 29
Competent authorities may establish a coastal management fund to expand participation and implement affairs related to coastal conservation. The sources of income of the coastal management fund are as follows:
1. Appropriations from government agencies following budget procedures.
2. Income from interest.
3. Income from donations.
4. Other income.
Article 30
Coastal management funds are limited to the following purposes:
1. Coastal research, investigation, survey, planning, and monitoring expenses.
2. Coastal environment cleaning and maintenance.
3. Coastal conservation and restoration subsidies.
4. Coastal conservation and restoration incentives.
5. Coastal environment education, interpretation, creation, and promotion.
6. International exchanges and cooperation in coastal conservation.
7. Other coastal conservation, prevention, and management expenses approved by the competent authority.
Article 31
Exclusive use of and the establishment of artificial facilities in offshore area and public natural sandy beaches are prohibited to maintain public access and public use rights. This shall not apply to uses or facilities that comply with the integrated coastal zone management plan and stipulations of other laws; or necessary uses or facilities for national land conservation, national security, public transportation, environmental protection, academic research, and public good after applying to the competent authority for approval.
Regulations on the scope of uses and facilities allowed by other laws, application procedures, required documents, conditions for approval, abolishment, and related matters shall be prescribed by the Central Competent Authority.