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Chapter Law Content

Chapter 4 In situ Preservation of Underwater Cultural Heritage
Article 27
The preservation in situ of underwater cultural heritage shall be the first option before allowing or engaging in any activities directed at this heritage.
The proper means for in situ preservation referred to in the preceding paragraph may include recordation management, protection zone, or other proper preservation measures.
Article 28
When the review committees make a decision that it is necessary to designate a specific underwater cultural heritage protection zone, the competent authority should consult with relevant authorities to designate and publicize an underwater cultural heritage protection zone within such water area to preserve the underwater heritage in situ.
Prior to the establishment of the protection zone referred to in the preceding paragraph, the competent authority should hold a public hearing or explanation session inviting civilians or groups with an interest at stake to attend.
The competent authority shall stipulate regulations related to the standard for establishing a protection zone, including range for classification, amendment, revocation and its procedure, procedures for holding explanation sessions, and other matters that shall be complied with as referred to in the two preceding paragraphs.
The three preceding paragraphs shall apply mutatis mutandis to in situ preserved underwater cultural heritage with methods other than in situs preservation.
Article 29
The competent authority may request a relevant authority to utilize buoys, seaway, navigation facilities, marine charts, national maritime zone management plans or other methods to identify the location of a publicly declared underwater cultural heritage protection zone or other in situ preserved underwater cultural heritage.
Article 30
The competent authority shall consult with a relevant authority to provide a management and protection plan to manage and protect a publicly declared underwater cultural heritage protection zone.
The content of the management and protection plan set forth in the preceding paragraph should include the following subjects:
1. basic data: location, measure of area, significance of the underwater cultural heritage, description and scope diagram of research.
2. range classification.
3. accountable authority distribution and reportingsystem.
4. routine maintenance: preservation, maintenance and recordation of the environmental landscape.
5. emergency maintenance: prevention of natural or human damage and emergency disaster disposal.
6. education and promotion: production and exhibition of promotional material as well as education activities.
7. source of funding.
8. management plan of entrust.
9. other matters related to management and protection.
The competent authority shall stipulate the regulations related to drafting, review, public exhibition, measures of management, qualification of the authorized personal, procedure, term, termination, supervision of authorization and review criteria referred to in the two preceding paragraphs.
The three preceding paragraphs shall apply mutatis mutandis to other in situ preserved underwater cultural heritage.
Article 31
No one shall enter an underwater cultural heritage protection zone without prior approval of the competent authority.
The following activities are prohibited within the underwater cultural heritage protection zone, except otherwise provided in this Act:
1. salvage of the underwater cultural heritage.
2. usage of explosives.
3. engaging in trawling or anchoring.
4. exploration for, or collection of, minerals.
5. installation of electric cables, pipelines, facilities or construction.
6. discarding waste water, oil, waste or hazardous substances.
7. excavating, dredging seaway, and construction of ocean engineering.
8. diving.
9. other activities prohibited by the public declaration of the competent authority.
Activity undertaken for the needs of national security or emergency may not subject to the restrictions in the two preceding paragraphs. Any activity undertaken thereafter should be reported to the competent authority, excepted that a military or national defense secret involved. Activities for the needs of substantial public interest or academic research approved by the competent authority are not subject to the restriction provided in the preceding paragraph.
The competent authority shall stipulate regulations related to application, condition, term, review procedure, withdrawal, revocation, and other matters which should be complied with for the approval of the entrance and activity prohibited in the underwater cultural heritage protection zone.
Article 32
The competent authority may request assistance from the coast guard agency for management and protection of the underwater cultural heritage and settling illegal matters.
Article 33
For the purpose of social education, the competent authority may open, partially or entirely, an underwater cultural heritage protection zone for public visit, if the preservation, protection and management of the underwater cultural heritage remain undisturbed.
The scope, methods, monitor mechanism and other related affairs of the public visit set forth in the preceding paragraph shall be included and enforced in the management and protection plan of the underwater cultural heritage protection zone set forth in Article 30.