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Chapter Law Content

Title: Mass Rapid Transit Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 3 Construction
Article 13
1. The construction of the mass rapid transit system shall be implemented by the central competent authority. However, the implementation may be transferred to the local competent authority after being reported by the central competent authority and approval is obtained from the Executive Yuan.
2. The central or local competent authority of the mass rapid transit system may establish a construction organization to take charge of designing and building the mass rapid transit system network in accordance with the ratification in the preceding article.
3. The construction of the mass rapid transit system referred to the preceding paragraph may be implemented by other agencies or selected private sector organizations authorized and entrusted by the central or local competent authority.
4. For construction of the mass rapid transit system invested by the private sector, all applicants that apply to conduct the construction, the minimum corporate capital shall be no less than NT$1 billion and must account for more than 10 percent of the total construction cost. The applicant that acquires priority shall complete the registration of a limited joint stock company with minimum capital of more than 25 percent of the total construction cost within six months.
5. The minimum capital ratio of the private sector organization shall remain more than 25 percent during preparation, construction, and operation.
6. To integrate various experiences of mass rapid transit system construction, the central competent authority shall collect diverse relevant information on construction contracts, land acquisition, demolition compensation, relocation of utility pipelines, and arbitration issues, and actively provide the information to different construction organizations for reference.
Article 13-1
1. The design and construction supervision of the mass rapid transit system and its ancillary facilities shall be certified by legally registered and practicing relevant professional engineers in accordance with regulations. But, if the design and construction supervision are implemented by the competent authority, those within the competent authority who have professional engineering qualifications may perform the certification.
2. The central competent authority shall consult with the competent authority in charge of professional engineers before determining the category of relevant professional engineer referred to certification the preceding paragraph.
Article 14
1. The local competent authority who builds a mass rapid transit system shall submit the following documents to the central competent authority for ratification before proceeding the implementation:
(1) Approved planning report
(2) Preliminary engineering design drawings
(3) Fundraising plan
(4) Construction implementation plan
(5) The plans of establishment and operation for the mass rapid transit system operation organization
(6) Operating profit/loss statement
2. The central competent authority building a mass rapid transit system shall submit the above-mentioned documents to the Executive Yuan for ratification.
Article 15
1. The dates of commencement and completion of a mass rapid transit system shall be set by the central construction authority or the local competent authority, and be reported to the central competent authority for ratification. If construction has not commenced or is not completed as scheduled, the reasons shall be specified clearly and reported to the central competent authority for an extension approval.
2. The mass rapid transit system network, or a section thereof, shall not commence revenue service until the central competent authority has approved a final inspection.
Article 16
The construction of bridge piers and tunnels shall comply with hydraulic facilities when routes of the mass rapid transit system cross rivers. Structures such as dikes and levees on riverbanks shall be enhanced properly, and shall be approved by the competent authority in charge of water resources to avoid danger.
Article 17
The competent authority shall carry out the construction of the mass rapid transit system in cooperation with the relevant competent authorities in charge of utility pipelines, sewers, and other public facilities.
Article 18
The construction organization of a mass rapid transit system may use rivers, ditches, culverts, dikes, roads, parks, and other public land for the performance of construction works. But, it shall notify the relevant competent authorities in advance.
Article 19
1. Where the construction of a mass rapid transit system needs to pass through, over or under any government or privately owned land or any improvement on the land, or conduits or cables will be attached to buildings along the mass rapid transit routes, the construction organization shall choose the location and manner of use that is the least harmful to the owners, possessors, or users, and provide reasonable compensation.
2. Before implementing the construction mentioned in the preceding paragraph, the competent authority may make records in the land register, or negotiate with the land owner to create superficies on the required space. If an agreement cannot be reached, the government may acquire the superficies on such land in accordance with the Land Expropriation Act.
3. In the event that the private owned land and improvements on the land referred to the preceding two paragraphs become unsuitable for proper use due to the passing through of the mass rapid transit system, the owners of the private owned land and improvements on the land may apply for expropriation of the land and improvements during the period from the date construction commenced to one year after the construction completion, and the competent authority shall not reject such application. The consideration received in accordance with the regulations referred to the preceding two paragraphs by the owners of private owned land and improvements on the land shall be deducted from the compensation paid for land expropriation and improvement on the land.
4. The owners of the land which the route of the mass rapid transit system passes through, either fully or in part, may be compensated with additional floor space within the new building referred to Paragraph 1 of this article.
5. The regulations governing the procedures for use of the space over or under the land and its improvements, scope of such use, cadastral demarcation, creation of superficies, land expropriation, notes, compensation for expropriation, registration, as well as the additional floor space within the new building as referred to the preceding four paragraphs shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
6. The competent authority may dispose, create encumbrances, lease or benefit from the land and its improvements acquired in accordance with Paragraph 3 of this article without being subject to the restrictions in Article 25 of the Land Act, Article 28 of the National Property Act, and the regulations governing the management of government-owned property by local governments.
Article 20
1. Where it is difficult to construct air-raid shelter facilities or statutory parking spaces due to the construction of underground track or other underground facilities, the land owners may be exempted from the obligation to build air-raid shelter facilities or statutory parking spaces after inspection and ratification by the local competent authority.
2. The construction organization of a mass rapid transit system shall pay reasonable compensation to the land owner for damages or losses for being unable to construct air-raid shelter facilities or statutory parking spaces, or shall construct or purchase alternative parking spaces at a suitable location for substitution,in accordance with the preceding article.
Article 21
1. Where the construction organization of a mass rapid transit system hereunder needs to make a site survey, exploration, or to perform construction or maintenance works on mass rapid transit system routes and their facilities, it may, after giving a seven (7) days prior notice to the owners, possessors, or users of such government and/or private owned lands or buildings,access or use such land or buildings. Notwithstanding the above, in case of an emergency where a delay is likely to seriously jeopardize public safety, the construction organization shall enter or use such land or buildings without following abovementioned procedures.
2. Reasonable compensation shall be given to the owners, possessors, or users for any damages or losses caused as a result of the entry or use of the land or buildings referred to the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among the parties, the case shall be reported to the local competent authority for a final decision.
3. When the construction organization enters or uses private owned land or buildings in accordance with Paragraph 1, it shall invite the local village chief, neighborhood ward chief or police to attend at the scene.
Article 22
1. In making use of the government and/or private owned land or buildings pursuant to the preceding article, if it is necessary to destroy or dismantle buildings or other works on the land in fully or partially, the construction organization of mass rapid transit system shall first report the case to the local competent authority to notify the owners, possessors or users thereof to conduct such destruction or dismantling within a given period. In cases of emergency or failure to comply within the given period, the competent authority may forthwith, either by itself or through entrusting the local construction competent authority, enforce the compulsory destruction or dismantlement.
2. Reasonable compensation shall be made for the destruction and dismantlement made under the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among parties, the case shall be reported to the local competent authority for a final decision.
Article 23
The electricity supply industry has to set higher priority to supply the electricity required by mass rapid transit system. After obtaining approval from the competent authority in charge of electricity supply, the operation organization of mass rapid transit system may partially or entirely establish its own system for generating, transforming and distributing electricity.
Article 24
1. The attaching of associated utility pipelines to the facilities of mass rapid transit system shall commence after obtaining the approval of construction organization.
2. The installation of utility pipelines and ditches in the mass rapid transit system shall be approved by construction organization and carried out or supervised by construction organization personnel who have been provided with construction design drawings. The costs of the construction and maintenance of laying utility pipelines, and digging of ditches shall be shared by the owners or users of the facilities.
3. The owners or users of the associated utility pipelines and ditches mentioned in the preceding two paragraphs shall not refuse to cooperate when the facilities must be demolished due to the operation of mass rapid transit system. Either owners or users of the facilities and the construction or operation organization of mass rapid transit system shall pay half the costs each after the depreciated value of the demolished material has been deducted as the original facility standards.
4. Regulations of categorization, construction cost apportionment, payment, application procedure, construction period, and other relevant issues for the associated utility pipelines and ditches referred to the preceding three paragraphs shall be prescribed by the central competent authority.
Article 24-1
1. The construction of the mass rapid transit system implemented on, above or under urban roads or highways may only commence after obtaining the approval from the competent authority in charge of urban roads or highways.
2. Where construction of a mass rapid transit system referred to the preceding paragraph requires demolition or removal of existing utility pipelines and ditches, the owners, possessors or users of the facilities shall not refuse to cooperate.The necessary costs shall be allocated according to Paragraph 3 and 4 of Article 24 of this Act.
3. For the mass rapid transit system referred to Subparagraph 2 of Paragraph 2 of Article 3 of this Act, relevant regulations regarding establishment standards, planning, management and maintenance, cost apportionment rules shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
4.The maintenance of shared road lanes shall be incorporated into the maintenance to mass rapid transit system.
Article 24-2
The technical specifications of the construction of the mass rapid transit system and the manufacture of mass rapid transit trains shall be prescribed by the central competent authority. The above-mentioned technical specifications shall include establishment and maintenance of barrier-free equipment and facilities.