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

Print Time:2024/11/22 07:57
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Chapter Law Content

Title: Marine Conservation Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 5 Supplementary Provisions
Article 28
When a perpetrator violates this Act or the regulations and orders made under the authority of this Act and the competent authority fails to enforce the law, the victims or public interest groups may notify the competent authority in writing of the details of the negligent enforcement. If the competent authority still fails to carry out enforcement in accordance with the law within sixty days after receiving the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with a high administrative court based on the failure of the competent authority to fulfill its enforcement duties to seek a ruling ordering the competent authority to carry out enforcement.
When making a verdict on the lawsuit in the foregoing paragraph, the high administrative court pursuant to its authority may order the defendant competent authority to pay the appropriate attorney fees, appraisal fees, and other litigation costs to plaintiffs who have made specific contributions to the protection of marine conservation.
The central competent authority in consultation with the relevant agencies shall determine the format of the written notification in Paragraph 1.
Article 29
Before the central competent authority designates a marine protected area in accordance with the provisions of Article 8, any person who has legally obtained the consent from the relevant competent authority in the marine area to install electrical cables, pipelines, facilities or structures, engage in prospecting or mining, or other permitted or approved activities shall not be subject to the restrictions stipulated in Articles 10 to 12, and may continue such permitted or approved activities until the expiration of their validity period.
Article 30
The rules for enforcement of this Act shall be formulated by the central competent authority.
Article 31
The effective date of this Act shall be determined by the Executive Yuan.
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