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Chapter Law Content

Title: Sand and Gravel Excavation Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 2 Sand and Gravel Excavation Permit
Section 5 Commencement, area reduction, revision and extinction
Article 18
Sand and gravel excavation party shall prepare all required documents and drawings and submit to Municipal or County (City) Governments and apply the issuance of sand and gravel excavation registration and commence the operation within six month after the date obtaining the permit. For those who posses rational reasons, extension may be applied before the expiration date of the required six month period mentioned above shall be limited to two extensions.
Article 19
Prior to applying for issuance of sand and gravel excavation field registration, the sand and gravel excavation party shall set up boundary marker and sign boards, and shall provide proper maintenance.
The specification of boundary markers and sign boards shall be determined by Central Government Authority.
Article 20
Sand and gravel excavation party shall excavate sand and gravel in accordance with the approved sand and gravel excavation plan and conduct related works including water and soil conservation, environmental protection, reclamation and hazardous prevention.
Article 21
If the approved sand and gravel excavation plan need to be revised due to hazardous prevention works or sand and gravel resource conservation reasons, it shall be reported to Municipal or County (City) Governments. The loss of sand and gravel excavation party may claim for rational compensation from Municipal or County (City) Governments.
Article 22
Sand and gravel excavation party apply for area reduction or revision of sand and gravel excavation field to Municipal or County (City) Governments shall prepare the following documents.
1. The documents specified under Paragraphs 1 to 3 and Paragraph 5 in Article 10. When applying for revision, shall submit the documents specified under Paragraph 4 of the same Article.
2. Relation map of new and old sand and gravel excavation area.
3. Statement of reasons.
Article 23
Municipal or County (City) Governments shall revoke sand and gravel excavation permit obtained illegally.
Article 24
If one of the following occurs to the sand and gravel excavation party, the Municipal or County (City) Governments shall report to the Central Government Authority to examine and revoke the sand and gravel excavation permit.
1. Result in apparent environment and ecology impact and was found to be true after investigation, and the sand and gravel excavation party fail to improve or improve ineffectively, after been notified.
2. Without applying for sand and gravel excavation field registration in accordance with the provision under Paragraph 1 in Article 18.
3. Without commencing the sand and gravel excavation operation within six month after obtaining sand and gravel excavation field registration, or suspending sand and gravel excavation operation for more than six month after commencing excavation; however, with appropriate reason and request granted shall be exempted.
4. Without operating sand and gravel excavation by its own or excavating outside of the approved area.
5. Without following the approved sand and gravel excavation plan to excavate sand and gravel and fail to improve or unable to improve within preset deadline after notification.
6. Without following the notice to suspend part or all excavating operation after notified by Municipal or County (City) Governments in accordance with Article 34.
7. Fail to pay for the rental or public land use fee.
8. After the depletion of the sand and gravel or without the intention to continue the operation but fail to comply with the requirements under the provisions described in Article 36.
9. Fail to comply with Article 48 to pay environmental maintaining fee, then one month after notified by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government without paying the fee before the due date.
Article 25
When abolishing or revoking sand and gravel excavation permission, the sand and gravel excavation permit and sand and gravel excavation field registration shall be nullified.
Article 26
When the sand and gravel is depleted or without the intension to continue the operation, the sand and gravel excavation party shall arrange nullification of sand and gravel excavation permit and sand and gravel excavation field registration to the Municipal or County (City) Governments, after conducting reclamation operation in accordance with the original approved sand and gravel excavation plan and related laws and regulations. Fail to arrange such nullification, Municipal or County (City) Governments shall abolish discretionally.
Article 27
At the expiration, revocation or abolition of Sand and Gravel Excavation Permit, the excavation party shall perform the restoration in accordance with the approved sand and gravel excavation plan and related Acts and regulations.
Article 28
After using leased land for sand and gravel excavation, or stopping used the land after restoration, when land damaged, the excavation party shall make comparable compensation depends on the extent of damage.