Chapter 6: Penalty Provisions
Article 27
Violations of Paragraph 1 of Article 16 that endanger public safety shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not less than NT$100,000 but no more than NT$500,000 may be imposed.
If an offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years , and in addition thereto, a fine of not less than NT $200,000 but no more than NT$1 million may be imposed. If an offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years , and in addition thereto, a fine of not less than NT$150,000 but no more than NT$600,000 may be imposed.
Article 28
A person who by violence, threats or other illegal means, compels management personnel to open or close a water or sluice gate in farmland water conservancy facilities areas shall be sentenced to imprisonment for not more than five years, short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not not less than NT$60,000 but no more than NT$300,000 may be imposed.
Violations as mentioned in the preceding Paragraph that endanger public safety shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not less than NT$100,000 but no more than NT$500,000 may be imposed.
In cases in which violations as mentioned in the preceding two paragraphs are committed by groups of people shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
An attempt to commit an offense specified in Paragraph 1 of this Article shall be punishable.
Article 29
Violations of Paragraph 1 of Article 14 of this Act, in which persons release non-farmland drainage water without the authorization of the Competent Authority, must be punished by a fine of not less than NT$30,000 but no more than NT$600,000.
The failure of non-farmland drainage water released with authorization as mentioned in Paragraph 2 of Article 14 of this Act, to conform to water quality standards must be punished by a fine of not less than NT$3,000 but no more than NT$30,000.
When the person committing a violation as mentioned in the preceding Paragraph is part of an enterprise announced by the Competent Authority, the act must be punished by a fine of not less than NT$3,000 but no more than NT$600,000.
In any of the situations mentioned in the preceding three Paragraphs, where there are also concerns about a hazard posed to agricultural industries, biosafety, or human health, the maximum fine may be increased to NT$20 million.
For cases of offenders penalized based on the preceding four Paragraphs, the Competent Authority may order the offender to improve within a specified time limit; in cases in which improvements have not been completed within the specified time limit, the offender may be punished separately for each additional violation. In serious cases, the drainage water release authorization may be withdrawn.
Article 30
In any of the following situations, the Competent Authority must impose a fine of not less than NT$6,000 but no more than NT $30,000, and may order the offender to improve within a specified time limit; in cases in which improvement has not been completed within the specified time limit, the offender may be punished separately for each additional violation.
1. Violations of Paragraph 1 of Article 8 of this Act, in which farmland water conservancy facilities are altered or demolished without authorization from the Competent Authority or in which alteration or demolition goes beyond the scope of the authorization.
2. Violations of Paragraph 1of Article 12 of this Act, in which concurrent use is made without authorization from the Competent Authority.
3. Violations of Paragraph 1of Article 13 of this Act, in which unauthorized structures are set up within farmland water conservancy facilities areas without the authorization of the Competent Authority.
4. Violations of Paragraph 1of Article 16 of this Act, for cases of prohibited actions in farmland water conservancy facilities areas.
5. Violations of Paragraph 2 of Article 16 of this Act, in which irrigation water in farmland water conservancy facilities areas is taken without the authorization of the Competent Authority.
Article 31
In situations mentioned in Paragraph 1 of Article 29 or in Subparagraph 4 or 5 of the preceding Article of this Act, if the offense is deemed minor, the offender may initially receive an order for remediation within a stipulated timeframe. Upon successful completion of the improvements, the punishment may be reduced or waived.
The standards for determining the insignificance of the offenses and the guidelines for reducing or waiving punishments as mentioned in the preceding Paragraph shall be stipulated by the Competent Authority.