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Title: Coastal Zone Management Act CH
Category: Ministry of the Interior(內政部)
Chapter 4 Penal Provisions
Article 32
Any person who violates Paragraph 2 of Article 12 by changing resource conditions in first-grade coastal conservation zones, or violates prohibitions of coastal conservation plans set forth in Subparagraph 3 of Paragraph 1 of Article 13 shall be punished with a fine no less than NT$60,000 but not exceeding NT$300,000.
Where a conservation target is damaged or destroyed as a result of a violation in the preceding paragraph, the violator shall be punished with imprisonment no less than six months but not exceeding five years; in addition thereto, a fine not exceeding NT$400,000.
Where a disaster is caused as a result of a violation in paragraph 1, the violator shall be punished with imprisonment no less than three years but not exceeding ten years; in addition thereto, a fine not exceeding NT$600,000.
Article 33
Any person who violates prohibitions of coastal protection plans within a coastal protection zone set forth in Subparagraph 4 of Paragraph 1 on Article 15 shall be punished with a fine no less than NT$30,000 but not exceeding NT$150,000.
Where coastal protection works are damaged or destroyed as a result of a violation in the preceding paragraph, the violator shall be punished with imprisonment not exceeding five years; in addition thereto, a fine not exceeding NT$300,000.
Where a disaster is caused as a result of a violation in paragraph 1, the violator shall be punished with imprisonment no less than one year but not exceeding seven years; in addition thereto, a fine not exceeding NT$500,000.
Article 34
Any person who violates prohibitions of coastal conservation plans in a second-grade coastal conservation zone set forth in Subparagraph 3 of Paragraph 1 of Article 13 shall be punished with a fine no less than NT$20,000 but not exceeding NT$100,000.
Where a conservation target is damaged or destroyed as a result of a violation in the preceding paragraph, the violator shall be punished with imprisonment not exceeding three years, detention, and/or a fine not exceeding NT$200,000.
Where a disaster is caused as a result of a violation in paragraph 1, the violator shall be punished with imprisonment no less than six months but not exceeding five years; in addition thereto, a fine not exceeding NT$400,000.
Article 35
Any person who avoids, obstructs or refuses surveys in Subparagraph 1 of Paragraph 1 of Article 21 shall be punished with a fine no less than NT$10,000 but not exceeding NT$50,000, and may be fined per violation and subject to compulsory inspection.
Article 36
Any person who violates Paragraph 1 of Article 25 by carrying out construction without the competent authority’s approval or not according to the approved contents shall be punished with a fine no less than NT$60,000 but not exceeding NT$300,000, and shall be ordered to make improvements or restore the site to its original state within a prescribed time limit. In the event the violator fails to comply, the violator may be fined per violation.
Article 37
Any person who violates Paragraph 1 of Article 31 by exclusively using or establishing artificial facilities in offshore area or public natural sand beaches, and does not restore the site to its original condition within a prescribed time limit after being prohibited by the competent authority shall be punished by a fine no less than NT$10,000 but not exceeding NT$50,000 and may be fined per violation.
Article 38
In addition to imposing fines on violators of Paragraph 1 of Article 32, Paragraph 1 of Article 33, or Paragraph 1 of Article 34, the competent authority shall order the violator to immediately cease use or construction, and may order the violator to restore the site to its original condition, demolish the facility, or add safety facilities within a prescribed time limit. In the event the violator fails to comply, the violator may be fined per violation.
Article 39
In the event the representative of a legal entity, the agent of a legal entity or a natural person, an employee or any other staff member violates this Act in the rendering of his/her respective services, the violator shall be punished with a fine; in addition, the legal entity itself or the natural person shall also be subject to punishment by such fine as prescribed in the respective articles of this Act.
Article 40
The penalty for violation of Article 32 to 34 may be reduced if the site is effectively restored or remedied before the presiding judge declares the conclusion of debate in the court of first instance.
Article 41
Any benefits gained and things used in the violation of Paragraph 1 of Article 32, Paragraph 1 of Article 33, or Paragraph 1 of Article 34 shall be forfeited.
Article 42
Any benefits gained and things used in the violation of this Act shall be forfeited.