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Chapter Law Content

Title: Regional Plan Act CH
Category: Ministry of the Interior(內政部)
Chapter 2 Preparation, Alteration, Approval and Announcement of Regional Plans
Article 5
Regional plans shall be established for the following areas:
Areas designated by a national integrated development plan or regional integrated development plan.
Areas allocated centered on the capital, municipalities, provincial capitals, or province (county) administrated cities to promote the actual urban development
Other areas designated by the Ministry of the Interior.
Article 6
Regional plans shall be prepared according to the following authorities:
A regional plan that spans two or more provinces (cities) shall be prepared by the central competent authority.
A regional plan that spans two or more counties (cities) shall be prepared by the central competent authority.
A regional plan that spans two or more townships (cities) shall be prepared by the county competent authority.
Where a plan that should be prepared according to Subparagraph 3 is not prepared, the upper-level competent authority may prepare or designate a department to prepare the plan in stead depending on the actual circumstance.
Article 7
A regional plan shall use texts and charts to describe the following matters:
Scope of the region
Natural environment
History of development.
Regional functions.
Predictions on population and economic growth, land utilization, transportation requirements, and resources development etc.
Objectives of the plan.
Urban and rural development patterns.
Development and conservation of natural resources.
Land-use plan and land segmentation control.
Regional industrial development plan.
Regional transportation system plan.
Regional public facilities plan.
Regional tourism and recreation facilities plan.
Regional environmental protection facilities plan.
Development sequence of facilities
Implementers.
Others.
Article 8
To prepare a regional plan, the department preparing the plan may require the related government departments or civil organizations to provide necessary information, and the departments or organizations shall cooperate in provisioning of the information.
Article 9
Regional plans shall be approved according to the procedure described below:
Regional plans prepared by the central competent authority shall be examined and approved by the central committee of regional plan, and reported to the Executive Yuan for recording.
Regional plans prepared by municipal competent authorities shall be examined and approved by municipal committees of regional plan, and reported to the central competent authority for approval.
Regional plans prepared by county (city) competent authorities shall be examined and approved by county (city) committees of regional plan, and reported to the central competent authority for approval.
Regional plans prepared by the upper-level competent authority under Paragraph 2, Article 6 shall be approved similarly pursuant to Subparagraph 1 of this article.
Article 10
After a regional plan is approved, the department preparing the plan shall, within 40 days commencing from receipt of the official document of approval, announce to implement the plan, and distribute illustrations of the plan to the concerned local government and township (city) office for exhibition; the term of exhibition shall be not less than 30 days, and the illustrations shall be kept clear and complete for the people to read.
Article 11
After a regional plan is announced and implemented, for the township plan, street plan and special zone plan that should be prepared, or the existing plans that should be altered according to the regional plan, the local competent authority of urban plan shall finish preparation or alteration procedure within the specified time limit. Otherwise, the upper-level competent authority may prepare or alter the plans in stead.
Article 12
After a regional plan is announced and implemented, the related development or construction undertaking plans within the region shall closely match with the regional plan; where necessary, the undertaking plans shall be amended, or the competent authority may be suggested to alter the regional plan.
Article 13
After a regional plan is announced and implemented, the department preparing the plan shall thoroughly review the plan and make necessary alteration every 5 years according to the actual development situation. But review and alteration may be performed at any time due to any of following causes:
Occurrence of or to avoid serious disasters.
Initiation of important development or construction undertakings.
Suggestion of the Regional construction committee.
Alteration of regional plans shall be performed according to the procedure prescribed in Article 9 and Article 10; where necessary, the upper-level competent authority may execute alteration similarly pursuant to Paragraph 2, Article 6.
Article 14
For the purpose of preparing or altering a regional plan, the competent authority may send personnel to access public or private-owned lands to perform investigation or reconnaissance survey. Where a piece of land is surrounded by bounding barriers, prior notice shall be given to the landownership holder or the user; in case the notice can’t be sent to the person, it may be announced publicly.
To implement the above-mentioned investigation or reconnaissance survey, proper compensation shall be provided for the losses caused to the landowners or the user due to removal or dismantling of the overground obstacles. The currency amount of compensation shall be agreed upon through negotiation. Where the negotiation fails to reach an agreement, the case shall be reported to the upper-level government for determination.