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

Print Time:2024/11/22 07:48
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Chapter Law Content

Title: Marine Conservation Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 4 Penal Provisions
Article 21
The perpetrator or the driver of land and sea vehicle, or the captain who enters the core zone of the marine sanctuary in violation of the provisions of Paragraph 1 of Article 10 shall be subject to a fine of not less than NT$50,000 and not more than NT$500,000.
Any person who unintentionally enters the core zone of a marine sanctuary and is advised to leave shall not be penalized. However, this does not apply to those who have been advised to leave and violated the law again within the past two years.
Article 22
Any person who, in violation of the provisions of Paragraph 1 of Article 11, engages without permission in prohibited acts specified in the paragraph within the buffer zone of the marine sanctuary shall be punished with a fine of not less than NT$30,000 and not more than NT$300,000. However, this does not apply to the activities of indigenous people based on their traditional culture, rituals, and subsistence needs.
Article 23
In any of the following circumstances, a fine of not less than NT$10,000 and not more than NT$150,000 shall be imposed:
1. Violation of the provisions of Article 12 by engaging in the prohibited acts within the sustainable-use zone of a marine sanctuary without permission.
2. Violation of the announcements made in Paragraph 1 of Article 14.
Article 24
In any of the following circumstances, a fine of not less than NT$20,000 and not more than NT$100,000 shall be imposed:
1. Violation of paragraph 2 of Article 15 by evading, obstructing, or refusing to carry out the investigations of marine living resources or implement the marine sanctuary conservation plans without justifiable reasons.
2. Violation of paragraph 2 of Article 16 by evading, obstructing, or refusing the marine conservation observers to carry out observation, monitoring, or data collection without justifiable reasons.
Article 25
Any person who violates Paragraph 2 of Article 20 and independently carries out restoration measures without the consent of the competent authority shall be punished with a fine of not less than NT$50,000 and not more than NT$150,000. However, this does not apply to the conservation activities of indigenous people based on their traditional culture, rituals and subsistence needs.
Article 26
Any person who violates the provisions of Paragraph 1 of Article 10, Paragraph 1 of Article 11, Article 12, or the matters announced in Paragraph 1 of Article 14 shall be ordered by the competent authority to attend a marine conservation course ranging from 2 to 12 hours.
The marine conservation courses referred to in the preceding paragraph shall include courses on knowledge of indigenous peoples and indigenous biodiversity.
Any person who refuses to attend the marine conservation course mentioned in Paragraph 1 or does not take the course in sufficient hours shall incur a fine of not less than NT$3,000 and not more than NT$10,000. If he/she still refuses to take the course or fails to make up the hours within a specified period after receiving a notice, he/she may be fined repeatedly until he/she attends the course or makes up the hours.
Regulations governing the content, target subjects, methods, and other related matters of the marine conservation courses in Paragraph 1 shall be prescribed by the central competent authority.
Article 27
Any person who violates the provisions of this Act and is punished in accordance with the provisions of Articles 21 to 23 must restore the damaged to its original state. If it is impossible to restore to the original state or if restoration poses significant difficulties, he/she shall be liable to compensate for the damages.
The necessary expenses incurred for investigation and restoration of the original state shall be borne by the party liable for compensation.
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