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Chapter Law Content

Title: Statute for Industrial Innovation CH
Category: Ministry of Economic Affairs(經濟部)
Chapter Ten - Establishment and Management of Exclusive Industrial Harbors and Exclusive Industrial Wharfs
Article 56
The central competent authority, based on policies or to meet the operational needs of the industrial entrepreneurs within the industrial park, may establish an exclusive industrial harbor or exclusive industrial wharf within an industrial park the establishment of which it has approved, if, through evaluation, it has been determined that the needed service cannot be provided by neighboring commercial ports.
The central competent authority shall first consult with the Ministry of Transportation and Communications, and then submit the proposal to establish an exclusive industrial harbor or exclusive industrial wharf to the Executive Yuan for approval.
For the delineation of the zone for an exclusive industrial harbor or exclusive industrial wharf, the central competent authority shall consult with the Ministry of Transportation and Communications, the Ministry of the Interior, and other relevant agencies, and then submit the proposal to the Executive Yuan for approval.
For the designation of an exclusive industrial harbor or exclusive industrial wharf, the central competent authority and the Ministry of Transportation and Communications shall jointly seek the approval of the Executive Yuan, and make a public announcement upon the granting of an approval.
Article 57
The land within an exclusive industrial harbor or an exclusive industrial wharf shall be registered as state-owned, and the Ministry of Economic Affairs shall be the management agency.
The permitted users of the exclusive industrial harbor or the exclusive industrial wharf shall be determined by the central competent authority in consultation with the Ministry of Transportation and Communications.
An exclusive industrial harbor or the exclusive industrial wharf shall not be used for any purposes other than for the industrial park.
Article 58
An exclusive industrial harbor or exclusive industrial wharf may be constructed and operated directly by the central competent authority, or alternatively, the central competent authority may approve its investment, construction, and operation by a state-owned or private sector enterprise.
Where the central competent authority has approved a state-owned or private sector enterprise to invest in the construction and operation of an exclusive industrial harbor or exclusive industrial wharf, the central competent authority shall sign an investment and construction agreement with the state-owned or private sector enterprise, and shall collect royalties from the enterprise, to be paid to the industrial park development and management fund established by the central competent authority.
Where a state-owned or private sector enterprise invests in the construction of facilities and buildings relating to the investment and construction of an exclusive industrial harbor or exclusive industrial wharf as referred to in Paragraph 1, a clause may be included in the investment and construction agreement specifying that, during the period of construction and operation, the facilities and buildings shall be registered as owned by the state-owned or private sector enterprise, and that the enterprise shall be responsible for their management and maintenance.
During the period of construction and operation as referred to in the preceding Paragraph, the state-owned or private sector enterprise shall not transfer ownership of the facilities and buildings that it has invested in and constructed. Upon the expiry of the period of construction and operation, ownership of the facilities and buildings shall be transferred to the state, and the facilities and buildings shall be managed by the central competent authority.
The regulations governing the execution of the planning and construction of an exclusive industrial harbor or exclusive industrial wharf, harbor operation, wharf management, construction of exclusive wharf, management and maintenance, entry into and exit from the harbor by vessels, mooring, lay-up, harbor safety, regulations governing industries in the harbor area, and other relevant matters shall be prescribed by the central competent authority in consultation with the Ministry of Transportation and Communications.
Article 59
The central competent authority may approve the lease of wharf land within an exclusive industrial harbor to industrial entrepreneurs located within the industrial park for use in the construction of relevant facilities and buildings for their own use. The constructed facilities and buildings may be registered as the property of the industrial entrepreneurs, who shall be responsible for their management and maintenance.
Article 60
If necessary for national security or government policy, the central competent authority may reclaim land and relevant facilities and buildings located within an exclusive industrial harbor or exclusive industrial wharf.
Where the central competent authority reclaims land and relevant facilities or buildings in accordance with the provisions of the preceding Paragraph, it shall compensate the state-owned or private sector enterprise or industrial entrepreneur for the following:
1. Any operating loss sustained as a result of such reclaim.
2. With respect to the relevant facilities or buildings the construction of which had been approved, the compensation shall be based on the value determined by the central competent authority at the time of construction completion, less allowance for depreciation.
Where a state-owned or private sector enterprise as referred to in Paragraph 1 of Article 58 breaches the investment and construction agreement, or where an industrial entrepreneur as referred to in the preceding Article breaches the lease agreement, leading the central competent authority to terminate the investment and construction agreement or the lease agreement, the central competent authority may reclaim the land and relevant facilities and buildings within the exclusive industrial harbor or exclusive industrial wharf; no compensation shall be paid for any relevant facilities or buildings that have been constructed by the state-owned or private sector enterprise or industrial entrepreneur.
Article 61
If, during the period of construction, management or use of an exclusive industrial harbor or exclusive industrial wharf, a state-owned or private sector enterprise as referred to in Paragraph 1 of Article 58 or an industrial entrepreneur as referred to in Article 59 falls seriously behind schedule in construction work, or there is a serious deficiency in the quality of construction, or there is inappropriate management, or the public welfare is threatened, or the normal operation of the relevant facilities of an exclusive industrial harbor or exclusive industrial wharf is disrupted, or any other major problem occurs, the central competent authority may handle these matters in the following order of priority:
1. Order the correction of the situation within a specified time limit.
2. In case of a failure to correct the situation within the specified time limit, or if the corrective measures are ineffective, the central competent authority may order the stoppage of all or part of the construction, management, or usage within a specified time period.
3. In case of a failure to correct or if the corrective measures are ineffective, and the situation is serious, the central competent authority may revoke the approval for construction and operation, and may compulsorily take over the operation.
The regulations governing the person taking over the operation compulsorily as referred to in the preceding Paragraph, matters to be publicly announced prior to the take-over, matters that the party against which the take-over is effected is required to comply with, workers’ rights and benefits, expenses incurred for the take-over of operation, termination of the take-over of operation, and other relevant matters shall be prescribed by the central competent authority.
Article 62
The central competent authority may collect administration fees from the users of an exclusive industrial harbor or exclusive industrial wharf.
The owner of the relevant facilities and buildings within an exclusive industrial harbor or exclusive industrial wharf may collect usage fees from the users of such facilities or buildings.
The operator of an exclusive industrial harbor or exclusive industrial wharf may collect service fees from the users of such exclusive industrial harbor or exclusive industrial wharf.
With respect to the administration fees, usage fees, and service fees as referred to in the three preceding Paragraphs, the regulations governing fee items, charging rates, and methods of calculation shall be prescribed by the central competent authority in consultation with the Ministry of Transportation and Communications.
Article 63
To prevent imminent danger or to meet the special needs of emergency, the central competent authority or the authority in charge of navigation may demand use of the facilities of exclusive industrial harbors or exclusive industrial wharfs free of charge.
Article 64
Regarding the planning, construction, administration, operation, and security of exclusive industrial harbors or exclusive industrial wharfs, in addition to the provisions of this Statute, the provisions of Articles 5, 10, 16 to 21, 23 to 26 and 29, Paragraph 3 of Article 30, Articles 31 to 33, Articles 37 to 48 and Article 50 of the Commercial Harbor Act shall apply mutatis Mutandis.
The central competent authority may only authorize a commercial harbor management agency to take charge of the administration of an exclusive industrial harbors or exclusive industrial wharfs in consultation with the Ministry of Transportation and Communications.