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

Print Time:2024/04/20 07:37
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Chapter Law Content

Title: Spatial Planning Act CH
Category: Ministry of the Interior(內政部)
Chapter VII Supplementary Provisions
Article 41
The central competent authority shall consult with relevant authorities to define the areas of marine to be placed under the jurisdiction of the competent authorities of municipalities and counties (cities).
The Coast Guard Administration shall provide vehicles and protection when competent authorities of different levels investigate and collect evidence concerning violations of this Act in the marine under their jurisdiction.
Article 42
The central competent authority shall establish the definition of important public facilities or public utility projects that are referred to in Subparagraph 3 of Paragraph 3 of Article 15 and Paragraph 5 of Article 23.
Article 43
The government shall consolidate the resources of national spatial research institutions; promote national spatial planning research, and designate a central-level judicial person or institution for national spatial planning research projects if necessary.
Article 44
The central competent authority shall set up the Sustainable Development Fund. The sources of the fund shall include the following.
1.Environmental conservation fees that are collected from applicants for land use permits.
2.Funds that have been appropriated by the government according to the budgeting procedure.
3.A percentage of fees that are collected by the Taiwan Water Corporation.
4.A percentage of fees that are collected by the Taiwan Power Company.
5.A percentage of fines that are imposed for violations of this Act.
6.Private donations.
7.Accrued interest from the fund.
8.Other income.
Starting on the day when this Act goes into effect, the central competent authority shall set up an annual budget to be appropriated from the government, as stated in Subparagraph 2 of the preceding paragraph, based on the results of a review of, and changes to, the spatial plan review. The total amount to be appropriated in the ten years after this Act goes into effect shall not be less than NT$50 billion. Funds will be obtained from the sources referred to in Subparagraphs 3 and 4 in the 11th year after this Act takes effect. The central competent authority shall establish regulations regarding the items of addition fees to be collected, the calculation of the certain percentages, time of payment, duration and procedures, and related matters under Subparagraphs 3 to 5 of this Article.
The Sustainable Development Fund shall be utilized for the following purposes.
1.Payment of compensation under this Act.
2.Spatial planning research and surveys, and land use monitoring.
3.Provision of subsidies from the source of funds stated in Subparagraph 5 of Paragraph 1 for use by the competent authorities of municipalities and counties (cities) in investigating violations and encouraging the public to report unlawful land use.
4.Expenses needed for other environmental conservation undertakings.
Article 45
The central competent authority shall announce the National spatial plan within two years after this Act takes effect.
The competent authorities of municipalities and counties (cities) shall announce the implementation of municipality and county (city) spatial plans on the date specified by the central competent authority within three years after the announcement of the implementation of the National spatial plans; they will also publicly post the functional zone maps on the date specified by the central competent authority within four years after the announcement of the implementation of municipality and county (city) spatialplans.
The Regional Planning Act shall cease to apply on the day the competent authorities of municipalities and counties (cities) publicly post the functional zone maps.
Article 46
The central competent authority shall establish rules for the enforcement of this Act.
Article 47
The Executive Yuan shall determine the effective date of this Act within one year after this Act is promulgated.
The amendments to this Act shall come into force from the date of promulgation.
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