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Chapter Law Content

Title: Wetland Conservation Act CH
Category: Ministry of the Interior(內政部)
Chapter IV Wise use of Wetland of Importance
Article 20
Government agencies of all levels, when implementing the following matters within the Wetlands of Importance or the overall planning and the management borders of other wetlands and peripheral environment per stipulations provided under paragraph II, Article 15, or when other plan can affect Wetlands of Importance, shall consult the competent central government authority first:
I. Formulating, reviewing or amending the Regional Plan, Urban Plan, or National Park Plan.
II. Implementing an Environmental Impact Assessment.
III. Reviewing or developing a hydrological plan.
IV. Reviewing or developing a soil conservation plan.
V. Reviewing or developing other projects or development projects by competent government authorities holding the purview of a specific industry.
VI. Other development or utilization acts that are deemed as necessary by competent government authorities holding the purview of a specific industry.
Article 21
The land situated within the borders of the Wetlands of Importance may be utilized by agriculture, fishery, salt-making industry, and building structures per the continuing conditions. However, in the event where the utilization should violate stipulations set by other related laws, it is to be processed per the stipulations.
The utilization per the continuing conditions in the paragraph I is to be acknowledged by competent government authorities and consult with competent government authorities holding the purview of the industry. The date acknowledgement shall heed to the public notice date of the Wetland of Importance evaluation as stipulated under paragraph I of Article 10.
Any addition of makeshift facility by a private landowner or changes made to the utilization area in paragraph I shall obtain a permit from competent government authorities.
In the event where the utilization per the continuing conditions as described in paragraph I should pose severe impact to a Wetland of Importance, the competent government authorities shall order the land developer or operating entity or the user to make improvements within a prescribed deadline, and shall also notify competent government authorities holding the purview of the industry. However, if for some reason the land developer or operating entity cannot be found, the competent government authorities may order related entitlement claimants, owners or operators to make improvement within a prescribed deadline. If deemed necessary, the competent government authorities may provide counseling for conversion of wise use.
Those failing to make improvements of the aforementioned utilization before the deadline or failing to convert to wise use items is considered breaching relevant stipulations of the law and result in a Wetland of Importance not sustaining a no net loss are not only to be penalized per stipulations outlined by the law, but are also to implement impact mitigation, off-site compensation and ecological compensation as stipulated under Article 27.
Article 22
The competent government authorities may, if deemed necessary, for the purpose of implementing the Wetland of Importance Conservation and Utilization Plan, expropriation, allocation, or lease the land situated within the Wetland of Importance in accordance with legal requirements.
The public land situated within the Wetland of Importance, with the consent of the competent government authorities, may be commissioned to a private operator for operation and management.
The particulars governing the qualification criteria of the commissioned operating and managing entity of the paragraph II, the operations and management plan shall include mandated entries operation and management method, commission procedure, duration, termination, supervision and other observed matters are to be defined by competent government authorities.
Article 23
The Wetland of Importance shall be operated and managed per the Wetland of Importance Conservation and Utilization Plan, and except those conforming to the law or by the Fisheries Act, others running a profit-oriented production, business or travel service within the Wetland of Importance shall apply for a permit with competent government authorities holding the purview, and may also collect fees. Relevant operating gains shall have a certain percentage of the feedback fund remitted.
The particulars governing the aforementioned operation and management permit, fee collection, utilization, the ratio of the feedback fund remitted, accounting audit and other observed matters are to be defined by competent government authorities.
Article 24
Competent government authorities, when entering public or private land as stipulated under paragraph IV, Article 12, to enforce restricted or banned activities announced under paragraph II of Article 6, or offering wetland conservation counseling for converting to wise use per paragraph IV, Article 21 that resulted in loss to the landowner, operator, user or entitlement claimant, shall provide rational compensation.
The measures governing the aforementioned compensation amount, method and other pertinent matters are to be defined by competent central government authority.
Article 25
Unless with the competent government authorities’ permit, the following acts are banned within the borders of the Wetland of Importance. However, when there are other stipulations by related laws, such stipulations are to prevail:
I. Willfully pumping, drawing, cutting off or discharging the wetland’s water resource and altering the initial water resource system.
II. Digging, soil excavating, filling, stockpiling or altering the wetland’s terrain and topography.
III. Sabotaging biological organisms’ migratory paths and wildlife’s mating areas or habitat environment.
IV. Discharging chemicals, discharging or dumping wastewater, waste or other pollutants in the Wetland of Importance, their upstream and surrounding water areas that is sufficient in undermining the wetland’s ecological function.
V. Disturbing, poisoning, hunting, abusing, or killing wildlife.
VI. Logging, gathering, setting free captured animal, introducing, fishing, hunting for biological resources without permission by competent government authorities holding the purview of the industry.
Article 26
The competent government authorities that are in care of the state of the practical wetland conservation, may provide adequate rewards and commendations on the following matters contributing to public welfare:
I. Wetland ecological conservation and restoration.
II. Wetland environmental education promotion.
III. Wetland conservation and wise use’s scientific, technical, research, and artistic and literal creation.
IV. Wetland friendly products or industry’s innovation, research and development, and marketing.
V. Wetland adoption, funding and private land donations and construction of constructed wetland.
VI. Other wetland conservation-related acts.