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

Print Time:2024/11/22 08:26
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Chapter Law Content

Chapter IV Penal Provisions
Article 32
One who commits any of the following acts (or omission) shall be punished with imprisonment for not more than three (3) years, or detention; or in lieu thereof or in addition thereto, a fine of not more than New Taiwan Dollars Three Million (NT$ 3,000,000):
1.Operating the facilities in violation of Paragraph 1 or Paragraph 3 of Article 9, or Paragraph 1 or Paragraph 2 of Article 18.
2.Violating Paragraph 1 of Article 13 or Article 22, to which Paragraph 1 of Article 13 is applicable, mutatis mudandis, not to obey the order of the competent authorities to prohibit him (her) from construction or operation.
One who disposes of radioactive waste shall be published with imprisonment for not more than five (5) years, or detention; or in lieu thereof or in addition thereto, a fine of not more than New Taiwan Dollars Six Million (NT$6,000,000).
One who commits negligently the offence specified in the preceding Paragraph shall be punished with imprisonment for not more than one (1) year, or detention; or in lieu thereof or in addition thereto, a fine of not more than New Taiwan Dollars Two Million (NT$ 2,000,000.00).
Article 33
One who violates Paragraph 1 of Article 8 or Paragraph 1 of Article 17 to construct the facilities arbitrarily shall be punished with an (administrative) fine of more than New Taiwan Dollars Five Million (NT$5,000,000) but not more than New Taiwan Dollars Twenty-Five Million (NT$25,000,000) and shall be ordered to prohibit from construction and to supplement formalities; and when it is necessary, the person may be ordered to dismantle the facilities within a limited time.
If an order to prohibit from construction has been issued in accordance with the preceding Paragraph but the construction is resumed arbitrarily or the facilities have not been dismantled within the prescribed time limit, one shall be punished with an (administrative) fine of more than New Taiwan Dollars Ten Million (NT$10,000,000) but not more than New Taiwan Dollars Fifty Million (NT$50,000,000), and shall be compulsorily executed to dismantle the facilities.
If after the facilities have been compulsorily dismantled according to the preceding Paragraph, the construction is resumed arbitrarily and an order to prohibit therefrom is not obeyed, one shall be punished with imprisonment for not more than one (1) year, or detention; and in addition thereto, a fine of not more than New Taiwan Dollars Ten Million (NT$10,000,000) may be imposed.
Article 34
One who does not submit the decommission plan, the closure plan, or the institutional control plan according to Paragraph 1 of Article14, or Paragraph 1 or Paragraph 2 of Article 23 respectively, shall be punished with an (administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000) but not more than New Taiwan Dollars Ten Million (NT$10,000,000), and shall be ordered to submit the plan(s) in a limited time.
One who violates Paragraph 1 of Article 14, or Paragraph 1 or Paragraph 2 of Article 23 not to implement the decommission plan, the closure plan, or the institutional control plan approved by the competent authorities shall be punished with an (administrative) fine of more than New Taiwan Dollars Five Million (NT$5,000,000) but not more than New Taiwan Dollars Twenty-Five Million (NT$25,000,000).
One who fails to submit the decommission plan, the closure plan, or the institutional control plan within the limited time period ordered in accordance with Paragraph 1 of this Article shall be punished with imprisonment for not more than one (1) year, or detention; and in addition thereto, a fine of not more than New Taiwan Dollars Ten Million (NT$10,000,000) may be imposed.
Article 35
Where the responsible person for a juristic person (entity), the agent, the employee or any other practitioners of a juristic person (entity) or natural person, who commits in the performance of his(/her) duties any of the offences prescribed in the preceding three (3) Articles, not only shall the wrongdoer be punished in accordance with the respective Articles but the aforesaid juristic person (entity) or natural person shall be fined as in each of those Articles.
Article 36
One who violates Article 24 to re-utilize the land arbitrarily or cease the institutional control shall be punished with an (administrative) fine of more than New Taiwan Dollars Twenty Million (NT$20,000,000) but not more than New Taiwan Dollars One Hundred Million (NT$100,000,000) and shall be ordered to improve the situation in a limited time; and if it is not improved within the prescribed time limit, the punishment may be continually imposed for each violation.
Article 37
One who fails to complete the decommission within the time limit prescribed in accordance with Paragraph 3 of Article 14 or Paragraph 5 of Article 23, or fails to implement the final disposal plan in accordance with the planned schedule referred to in Paragraph 1 of Article 29 shall be punished with an (administrative) fine of more than New Taiwan Dollars Ten Million (NT$10,000,000) but not more than NT Fifty Million (NT$50,000,000), and the punishment may be respectively imposed annually.
Article 38
One who commits any of the following acts (or omission) shall be punished with an (administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000) but not more than New Taiwan Dollars Ten Million (NT$10,000,000) and shall be ordered to improve the situation within a limited time; and if it is not improved within the prescribed time limit, the competent authorities may prohibit the person from construction (and/)or operation wholly or partly, or may revoke the license:
1.Violating Article 12 or Paragraph 1 of Article 19.
2.Violating Article 10 or Article 20, not to make timely relevant records, reports (and/)or submit them regularly, or to make a false entry therein.
Article 39
One who evades, obstructs, or refuses the inspection, monitoring or submission of records or materials specified in Paragraph 1 of Article 7, Paragraph 1 of Article 13, Paragraph 2 or Paragraph 3 of Article 15, Article 22, to which Paragraph 1 of Article 13 is applicable, mutatis mutandis, or Paragraph 2 of Article 25, to which Paragraph 2 (and/)or Paragraph 3 of Article 15 is applicable, mutatis mutandis, shall be punished with an (administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000) but not more than New Taiwan Dollars Ten Million (NT$10,000,000), and may be continually punished for each violation and be subject to compulsory inspection.
Article 40
One who violates Article 6, Paragraph 1 of Article 11, Paragraph 1 of Article 15, Paragraph 1 of Article 25, or Paragraph 1 of Article 27 shall be punished with an (administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000) but not more than New Taiwan Dollars Ten Million (NT$10,000,000).
Article 41
One who violates Article 5 not to apply to amend the registration in the prescribed time limit when any of the registered items under the license has been changed shall be punished with an (administrative) fine of more than New Taiwan Dollars One Million (NT$1,000,000) but not more than New Taiwan Dollars Five Million (NT$5,000,000).
Article 42
One who violates the safety administrative rules prescribed pursuant to Paragraph 5 of Article 15 or Article 21 shall be punished with an (administrative) fine of more than New Taiwan Dollars Five Hundred Thousand (NT$500,000) but not more than New Taiwan Dollars Two Million and Five Hundred Thousand (NT$2,500,000), and shall be ordered to improve the situation within a limited time; and if it is not improved within the prescribed time limit, the punishment may be continually imposed for each violation and the person may be ordered to prohibit from operation.
Article 43
One who fails to pay the administrative fine(s) under this Act within the prescribed time limit after being served a notice demanding payment shall be referred to the Court for compulsory execution.
Article 44
If a license is revoked according to Paragraph 1 of Article 13 or Article 22, to which Paragraph 1 of Article 13 is applicable, mutatis mutandis, the same kind of license shall not be applied by and(/or) granted to the same one within one (1) year commencing from the date of its revocation.
Article 45
For the cases punished with administrative fine(s), the related nuclear source material, nuclear fuel, (and/)or radioactive waste may be administratively confiscated.
If the confiscated or administratively confiscated material due to the violation of this Act is handled or institutionally controlled by the competent authorities, the necessary expenses shall be borne by the punished person or the owner of material.
One who fails to pay the expenses referred to in the preceding Paragraph within the prescribed time limit after being served a notice demanding payment shall be referred to the Court for compulsory execution.
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