Goto Main Content

Chapter Law Content

Title: Spatial Planning Act CH
Category: Ministry of the Interior(內政部)
Chapter V Environmental Restoration
Article 35
The relevant authority may demarcate the following areas as environmental restoration areas to carry out restoration works.
1.Areas with a high potential for mudslides.
2.Areas with severe landslides.
3.Areas with severe land subsidence.
4.River basins with deteriorating ecological environments or safety hazards.
5.Areas where the ecological environment has seriously deteriorated.
6.Other areas that exhibit high geological sensitivity or are likely to have a severe impact on environmental conservation.
The central competent authority shall consult with the relevant authorities to establish regulations regarding demarcation, announcement and repeal of environmental restoration areas.
The central competent authority shall coordinate relevant authorities to identify the agency responsible for demarcating environmental restoration areas, and shall request the Executive Yuan to identify that agency if the coordination among agencies fails.
Article 36
In principle, environmental restoration areas shall be used for conservation, and development and the installation of any facilities shall be prohibited. The demarcating agency shall establish restoration plans and execute them after they have been approved by the central relevant authority. If such areas include indigenous people’s land, then the demarcating agency shall invite indigenous tribal settlements to send representatives to participate in plan establishment and execution and management.
The restoration plans that are referred to in the preceding paragraph shall be comprehensively reviewed every five years. If changes are deemed necessary, the responsible agency shall request the Executive Yuan to approve such changes. The central competent authority shall define the objectives and contents of the restoration plans, the criteria by which they shall be changed, and conditions for the prohibition and restriction of uses, or the acceptance of compatible uses.
When executing the restoration plans that are referred to in Paragraph 1, the each relevant authority may act under law to purchase or expropriate private land and legal buildings in the area if necessary.
Article 37
If existing settlements or buildings and facilities in environmental restoration areas are assessed by the central relevant competent authority or the municipality or county (city) government with jurisdiction over the area as having safety hazards, restriction of occupancy or forced relocation may not be imposed unless the immediate danger is expected.
If areas are assessed as having safety hazards, referred to in the preceding paragraph, then the central relevant competent authority, municipality or county (city) shall establish appropriate placement plans and complementary measures, and obtain the consent of the residents to build homes that favor ecological sustainability on safe and suitable land to accommodate those residents and assist in their settling, finding employment, schools and retirement homes, and preserving their traditional culture. If necessary, the Executive Yuan shall coordinate and consolidate such undertakings.