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Chapter Law Content

Title: Nuclear Reactor Facilities Regulation Act CH
Category: Nuclear Safety Commission(核能安全委員會)
Chapter IV Penal Provisions
Article 29
One who commits any of the following acts shall be punished with an administrative fine of more than New Taiwan Dollars Three Million but no more than New Taiwan Dollars Fifteen Million, and should be ordered to cease the activities on the scene, or the operation, or to operate only under a limited power:
1.Loading the nuclear fuel or operating in violation of Paragraph 1, or Paragraph 2 of Article 6.
2.Violating Paragraph 1 of Article 11 to employ any unlicensed personnel to manipulate the control of a nuclear reactor, or to manipulate the control of a nuclear reactor without the license.
3.Violating Paragraph 1 of Article 14 to possibly endanger the public health or safety or environmental ecology; whereas, the situation is serious but it has not been improved, or none of the necessary measures has been taken within the prescribed time period.
One who fails to observe the competent authorities' regulations referred to in the preceding Paragraph shall be punished with imprisonment for not more than three years, or detention, or in lieu thereof or in addition thereto, a fine of no more than New Taiwan Dollars Three Million.
Article 30
One who violates Paragraph 1 of Article 5 to construct the facilities shall be punished with an administrative fine of more than New Taiwan Dollars One Million but no more than New Taiwan Dollars Five Million and shall be ordered to prohibit from construction and to supplement modus formalities; and when it is necessary, the person may be ordered to dismantle the facilities within a prescribed time period.
If an order to prohibit from construction has been issued in accordance with the preceding Paragraph but the construction is resumed, or the facilities have not been dismantled within the prescribed period, one shall be punished with an administrative fine of more than New Taiwan Dollars Two Million but no more than New Taiwan Dollars Ten Million, 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 and an order to prohibit therefrom is violated, one shall be punished with imprisonment for no more than three year, or detention; and in addition thereto, a fine of no more than New Taiwan Dollars Three Million may be imposed.
Article 31
Where the responsible person for a juristic entity, the agent for the employee or any other practitioner of a juristic entity or natural person, commits in the performance of his or her duty any of the offences prescribed in Paragraph 2 of Article 29 or Paragraph 3 of the preceding Article, not only shall the wrongdoer be punished in accordance with the respective Article but the aforesaid juristic entity or natural person shall also be fined as in each of those Articles.
Article 32
One who violates Paragraph 1 of Article 21, not to complete the decommissioning within the time limit prescribed by the competent authorities shall be punished with an administrative fine of more than New Taiwan Dollars One Million but no more than New Taiwan Dollars Five Million, and the respective punishment may be imposed annually.
Article 33
One who fails to submit respectively the decommissioning plan within the time limit prescribed under Paragraph 2 or Paragraph 3 of Article 23, shall be punished with an administrative fine of more than New Taiwan Dollars Five Hundred Thousand but no more than New Taiwan Dollars Two Million and Five Hundred Thousand, and shall be ordered to submit the plan within a prescribed time period; failing which shall be subject to a punishment each continually imposed for each violation.
Article 34
One who commits any of the following acts shall be punished with an administrative fine of more than New Taiwan Dollars Five Hundred Thousand but no more than New Taiwan Dollars Two Million and Five Hundred Thousand and shall be ordered to improve the situation in a prescribed time period and if it is not improved within the prescribed period, a punishment shall be continually imposed for each violation:
1.Violating Paragraph 2 of Article 4, Paragraph 1 or Paragraph 2 of Article 12, Paragraph 1 of Article 15, Paragraph 1 of Article 16, Article 17, Article 19, Paragraph 1 of Article 25 or Article 28.
2.Violating the regulation prescribed by the competent authorities in accordance with Article 8 or Paragraph 2 of Article 15.
Article 35
One who commits any of the following acts shall be punished with an administrative fine of more than New Taiwan Dollars Two Hundred Thousand but no more than New Taiwan Dollars One Million and shall be ordered to improve the situation within a prescribed time period; and if it is not improved within the prescribed period, the competent authorities may order to cease the activities on the scene, or operating wholly or partly, or may revoke the license:
1.Violating the prescription as to the safety design criteria of nuclear reactor facilities prescribed by the competent authorities in accordance with Article 7.
2.Failing to perform the integrated safety assessment and submit it to the competent authorities for review and approval in accordance with Article 9.
3.Violating Paragraph 1 of Article 13.
4.Violating Paragraph 2 of Article 25.
Article 36
One who evades, obstructs, or refuses the inspection or requirements for submission of materials specified in Paragraph 1 of Article 14 shall be punished with an administrative fine of more than New Taiwan Dollars Two Hundred Thousand but no more than New Taiwan Dollars One Million, and may be continually punished for each violation and be subject to compulsory inspection.
Article 37
One who violates the prescription as to the quality assurance criteria of nuclear reactor facilities prescribed by the competent authorities in accordance with Article 7 shall be punished with an administrative fine of more than New Taiwan Dollars One Hundred Thousand but no more than Five Hundred Thousand, and the competent authorities may order to cease the activities on the scene, the operation, to operate only under a limited power, or revoke the license; provided, however, that an order to improve the situation within a limited time period shall be first given if it is lightly circumstanced.
Article 38
One who commits any of the following acts shall be punished with an administrative fine of more than New Taiwan Dollars One Hundred Thousand but no more than Five Hundred Thousand and shall be ordered to improve the situation within a prescribed time period; and if it is not improved within the prescribed period, the punishment may be continually imposed for each violation:
1.Violating Article 10, not to submit the report, (or) the record according to the prescription of the competent authorities, or to make a false entry therein.
2.Violating Article 18, not to apply for the amendment within the period prescribed by the competent authorities.
Article 39
One who fails to pay the administrative fine under this Act within the prescribed time limit after being served upon a notice demanding payment shall be referred to the Court for compulsory execution.
Article 40
If a license is revoked according to this Act, the same kind of license shall not be applied for within one year commencing from the date of its revocation.