Chapter III Establishment, Announcement, Revision and Implementation of Spatial plans
The agencies that are responsible for the establishment, review and approval of the National spatial plan are as follows.
1.National spatial plan: to be established and reviewed by the central competent authority and presented to the Executive Yuan for approval.
2.Municipality or county (city) spatial plans: to be established and reviewed by the competent authority of each municipality or county (city) government and presented to the central competent authority for approval.
If the specific areas in the National spatial plan, as stated in the preceding paragraph, include the land or sea area that belong to indigenous people, then these areas shall be jointly established by the central competent authority and the central competent authority for indigenous peoples in accordance with Article 21 of the Indigenous Peoples’ Basic Law.
Opinions of scholars, specialists and related non-governmental organizations shall be extensively solicited by holding seminars or other means in support of the establishment of the National spatial plan.
Each spatial plan shall be publicly exhibited for 30 days and public hearings shall be held before it is presented for review and approval. The dates of the open exhibition and public hearings shall be posted in government gazettes and newspapers as well as on the Internet and publicized through other appropriate channels. Within the public exhibition period, private individuals and groups may present in writing their opinions to the competent authority, indicating their names or titles and addressees. The competent authority shall review such opinions and present them, the results of its review, and the plan, to the Executive Yuan or the central competent authority for decisions.
The process, outcomes, the decisions concerning the opinions from private individuals and groups, and related information of the review, referred to in the preceding paragraph, shall all be posted on the Internet, in government gazettes or publicized through other appropriate channels for public viewing.
Once a spatial plan has been approved, the agency that drew up the plan shall publicly announce the implementation thereof within 30 days of receiving the approval document, and it shall also send a copy of the plan to each concerned municipality or county (city) government and township (town, city, district) office, to be publicly exhibited for at least 90 days. At the same time, the outline of the plan shall be published in government gazettes and newspapers as well as on the Internet, and publicized through other appropriate channels.
If a municipality or county (city) government fails to make such an announcement, the central competent authority may do so on its behalf.
A municipality or county (city) government, having established a spatial plan, may apply for reconsideration of a decision made concerning the plan, by filing such an application before the implementation of the plan is announced, in accordance with the regulations set forth in paragraph of the preceding article. This application may be filed once only. If the original decision is upheld after reconsideration, then the government shall comply with the aforementioned regulations and announce the implementation of the plan.
After the National spatial plan has been announced, the competent authorities of municipality or county (city) government shall draw up or revise their spatial plan within the period that has been specified by the central competent authority. However, municipalities or counties (cities) government that had already announced the implementation of urban plans or national park plans for all their administrative districts may be excluded.
The central competent authority may apply Articles 11 to 13 mutatis mutandis and draw up or revise the municipality or county (city) spatial plans for municipalities and counties (cities) that fail to comply with the regulations set forth in the preceding paragraph.
After the implementation of the National spatial plan has been announced, the central competent authority shall revise it every ten years .After the implementation of the municipality or county (city) spatial plan has been announced, the municipality or county (city) competent authority shall revise it every five years. However, under any of the following conditions, the plan may be revised as soon as possible.
1.Damage has occurred as a result of war, an earthquake, a flood, a storm, a fire or any other critical incident.
2.The conservation of resources or prevention of a major disaster is deemed necessary.
3.National defense or important public facilities or a public utility project is deemed necessary.
4.The National spatial plan and the establishment or revision of its contents concerning a metropolitan area or a specific area is deemed necessary.
5.The plan is a municipality or county (city) spatial plan and adjustments are deemed necessary to accommodate the National spatial plan.
The revision of a plan, as described in Subparagraphs 1, 2 and 3 of the preceding paragraph, and related procedures may be simplified. The central competent authority shall establish regulations regarding such simplification.
After announcing the implementation of a municipality or county (city) spatial plan, the competent authority of a municipality or county (city) shall notify the local urban planning authority to establish or revise urban plans consistent with the guidelines set forth in the spatial plan.
The central competent authority or the competent authority of the municipality or county (city) may make the urban planning authority responsible for establishment or revision of the urban plan as stated in the preceding paragraph within a given period, or may itself establish or revise urban plans if necessary.
In addition to following the guidelines set forth in the spatial plans, the relevant authorities shall also consult the opinions of competent authorities of the same level during the planning stage when establishing sectoral plans that are important and of scale up to a certain threshold.
When a sectoral plan that is to be executed by the central relevant authority is in conflict with sectoral spatial development strategies or plans of the different level spatial plans, it shall be presented to the central competent authority for coordination by the central competent authority and may be presented to the Executive Yuan for a final decision if such coordination fails.
The central competent authority shall determine the criteria for defining sectoral plans that are important and of scale up to a certain threshold, as stated in Paragraph 1.
When competent authorities of various levels need to enter public or private land or buildings to perform investigations or surveys in pursuit of the establishment or revision of spatial plans, the owners, occupants, managers or users of such properties may not refuse. However, to enter land and facilities that are used for national defense purposes, the consent of authorities with jurisdiction over such land and facilities shall be required.
Personnel who enter public or private property for investigation or survey, as stated in the preceding paragraph shall present documentary proof or certificates and notify the owners, occupants, managers or users of the property seven days before entry.
If certain obstacles must be removed or dismantled to conduct an investigation or survey, as referred to in the preceding paragraph, and doing so causes damage to the property of the owners or users, appropriate compensation shall be provided and the amount shall be decided by negotiation.
When the competent authority needs to collect, coordinate and consolidate spatial planning information and data concerning environmentally sensitive areas for the establishment of a spatial plan, all relevant authorities shall assist and provide such information and data. The central competent authority shall also survey land cover and monitor land use on a regular basis.
The central competent authority shall establish regulations regarding the survey and monitoring , referred to in the preceding paragraph.
Access to the information that is referred to in Paragraph 1 shall be provided in accordance with the Freedom of Government Information Law.