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Chapter Law Content

Title: Water Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 9 Penalties
Article 91
Any person who steals, or damages, or by other means, endangers the normal functionalities of structures, devices, or other water work facilities specified under Articles 46 and 51 herein shall be punished with a sentence of imprisonment of no more than five years, detention, or a fine of no more than NT$1,000,000, or a combination thereof.
If the damage or theft under the preceding paragraph causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$10,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$5,000,000, or a combination thereof.
Any attempt of the offense under paragraph 1 shall be punished.
Article 91-2
If a person who applies and is granted an approval according to the provisions in the second paragraph of Article 54-1, the second paragraph of Article 63-5, Article 78-1, or the second paragraph of Article 78-3 is in any of the following conditions, the authority-in-charge will annul the approval granted:
1.Violating the first paragraph of Article 63-5, or Chapter 6 on matters prohibited or required, or provisions in Article 78, the first paragraph of Article 78-3, Article 80 or 81.
2.Violating the measure set forth according to Article 54-2 regarding use and management in weir, dam and reservoir storage area or other provisions.
3.Violating the regulations set forth according to Article 63-6 regarding the use and management, damp proofing, flooding emergency, inspection and maintenance of embankment safety in sea embankment area, and other provisions.
4.Violating the regulations governing river management set forth according to the first paragraph of Article 78-2 regarding the planning and execution of river management, safety inspection and maintenance of river embankment, river flood control and flooding emergency, river usage and management and other provisions.
5.Violating the regulations set forth according to Article 78-4 regarding the maintenance and management of drainage facilities, flood control and flooding emergency, safety inspection, usage management of drainage facilities, and other provisions.
6.Failing to proceed with the work as approved in six months from the date the approval is granted without otherwise obtaining an approval from the authority-in-charge.
7.Failing to pay user fee within a prescribed period after being notified so.
8.Transferring the approval to others or failing to use it according to instructions or the scope granted.
9.Intentional mismanagement or gross negligence in management that results in violation of the usage instructions or the granted scope of usage by others.
10.Having lost the qualification to make application after the approval is granted.
11.The revocation of approval is necessary due to remediation, management, public use of water conservancy facilities or other prevention or emergency actions.
In the event that a user fails to use the approval according to instructions or the scope granted as delineated in subparagraph 8 of the preceding paragraph, and that revocation of the approval may cause major hazard to the public welfare, the authority-in-charge may opt to not annul the approval and require the user to make improvements within a prescribed period; and impose consecutive fines of no less than NT$150,000 and no more than NT$3,000,000 for each violation in compliance beyond the prescribed period if improvements are not completed.
Where a permit is revoked according to law or annulled according to subparagraphs 1 to 9 of the first paragraph, the imputed approval user shall not reapply within one year.
Article 91-3
Any person who steals, or damages, or by other means, endangers the normal functionalities of the main facilities or equipment of flood control, drainage, reservoir, and water conveying structures related to public safety herein shall be punished with a sentence of imprisonment of more than one year and less than seven years, or fined up to NT$10,000,000, or a combination thereof.
Any person who commits the offense specified in the preceding paragraph with the intention of endangering national security or social stability shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$50,000,000, or a combination thereof.
If the damage or theft under the preceding two paragraphs causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of life imprisonment or imprisonment of more than seven years, or fined up to NT$100,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$80,000,000, or a combination thereof.
Any attempt of the offenses under paragraph 1 and paragraph 2 shall be punished.
For the main facilities and equipment of flood control, drainage, reservoir, and water conveying structures related to public safety specified in paragraph 1, the central authority-in-charge shall discuss with the authority-in-charge of relevant industry to determine and announce the safety assessment undertaken based on the scale, flow rate and locations of the flood control, drainage, reservoir, and water conveying structures, and the impact that these structures have on people's life, health, and property safety, and the economy and industry. The same shall apply for amendments made.
Article 91-4
Any person jeopardizes the normal functionalities of core information and communications systems of the facilities or equipment specified in paragraph 1 of the preceding article by any of the following means shall be punished with a sentence of imprisonment of more than one year and less than seven years, or fined up to NT$10,000,000, or a combination thereof:
1.Entering the accounts and passwords, cracking the protection measures of computers, or exploiting loopholes in computer systems to hack into the computers or related equipment without justifiable reason.
2.Interfering with the computers or relevant equipment via computer programs or other electromagnetic means without justifiable reason.
3.Acquiring, deleting, or changing the electromagnetic records of the computers or relevant equipment without justifiable reason.
The same shall apply to those who produce computer programs exclusively for themselves or others to commit the crimes in the preceding paragraph.
Any person who commits the offenses specified in the preceding two paragraphs with the intention of endangering national security or social stability shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$50,000,000, or a combination thereof.
If the damage under the preceding three paragraphs causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of life imprisonment or imprisonment of more than seven years, or fined up to NT$100,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$80,000,000, or a combination thereof.
Any attempt of the offenses under paragraph 1 to paragraph 3 shall be punished.
Article 92
Any person who opens or blocks waterways without due permission from the authority-in-charge shall be punished with a fine of no less than six thousand yuan but no more than thirty thousand yuan, in addition to restoring or discontinuing the act within a prescribed period. If such offense results in damages to others’ interests, a sentence of imprisonment of no more than three years, detention, or a fine from four thousand to twenty thousand yuan, or a combination thereof shall be imposed. If such offense causes public hazards, a sentence of imprisonment of no more than five years, a fine of six thousand to thirty thousand yuan, or a combination thereof shall be imposed.
Article 92-1
(deleted)
Article 92-2
Any of the following situations is subject to a fine of no less than NT$250,000 and no more than NT$5,000,000:
1.Violating the provisions in subparagraph 1, first paragraph of Article 54-1, subparagraph 1, first paragraph of Article 63-5, subparagraph 2 of Article 78, or subparagraph 2, first paragraph of Article 78-3 by damaging or altering sea embankment, water storage structure or equipment, river flood control structure, equipment, or river flood control structures, equipment or stone and other materials or drainage facilities for flood control or use in flooding emergency.
2.Violating the provisions in subparagraph 2, first paragraph of Article 54-1, subparagraph 2, first paragraph of Article 63-5, subparagraph 3 of Article 78, or subparagraph 3, first paragraph of Article 78-3 by opening/closing, moving or damaging floodgate or its auxiliary facility.
3.Violating the provisions in first paragraph of Article 65 by using the land in the vicinity reached by flood.
4.Violating the provisions in subparagraph 1 of Article 78, or subparagraph 1, first paragraph of Article 78-3 by filling river waterway or drainage channel.
5.Violating the provisions in subparagraph 3, first paragraph of Article 54-1, subparagraph 3, first paragraph of Article 63-5, subparagraph 5 of Article 78, or subparagraph 4, first paragraph of Article 78-3 by dumping waste soil、waste or other debris that will block flow of water.
6.Violating the provisions in subparagraph 4, first paragraph of Article 63-5 by engaging in quarrying or stacking soil and stone.
7.Violating the provisions in subparagraph 3 of Article 78-1, or subparagraph 3, second paragraph of Article 78-3 by engaging in quarrying or stacking soil and stone without due permission.
A juristic person, unincorporated body having a representative or manager, or other private law organizations other than juristic person who for the purpose of gain, violates the provisions under subparagraph 6 or 7 of the preceding Article by engaging in quarrying without approval, should have their fine increased to no less than NT$10,000,000.
Article 92-3
Any of the following situations is subject to a fine of no less than NT$150,000 and no more than NT$3,000,000:
1.Violating the provisions in subparagraph 4 of Article 78 by building factory or house.
2.Violating the provisions in subparagraph 1 or 2 of Article 78-1, or subparagraph 1 or 2 of second paragraph of Article 78-3 by installing, rebuilding, repairing or demolishing structures, discharging wastewater or drawing water without due permission.
Article 92-4
Violation of first paragraph of Article 49 by not conducting inspection and safety evaluation is subject to a fine of no less than NT$300,000 and no more than NT$1,500,000.
Article 92-5
Any of the following situations is subject to a fine of no less than NT$125,000 and no more than NT$2,500,000:
1.Violating the provisions in second paragraph of Article 54-1 by engaging in construction without due approval.
2.Violating the provisions in second paragraph of Article 63-5 by breeding aquatic products, planting vegetation, or constructing, rebuilding, repairing or demolishing structures or other facilities without due approval.
Article 93
Any person who takes, uses, or discharges waters without due permission, or obstructs the intake, use or discharge of waters in a manner in violation of this Act or any water administration related rules and regulations promulgated by the authority-in-charge according to law shall be fined no less than four thousand yuan but no more than twenty thousand yuan. If such violation results in damages to others’ interests, a sentence of imprisonment of no more than three years, detention, or a fine of four thousand to twenty thousand yuan or a combination thereof shall be imposed.
The authority-in-charge may seize tools and machines used to perpetrate or obstruct the intake, use, discharge of water under the preceding paragraph.
Article 93-1
Engaging in water well drilling business without applying for establishment permit according to Article 60 herein is subject to a fine of no less than NT$50,000 and no more than NT$250,000.
Article 93-2
Any of the following situations is subject to a fine of no less than NT$25,000 and no more than NT$500,000:
1.Violating the provisions in subparagraph 4, first paragraph of Article 54-1 by engaging in quarrying.
2.Violating the provisions in subparagraph 6, first paragraph of Article 54-1 by discharging wastewater that does not meet the discharge standards set forth by the authority in charge of water pollution control.
3.Violating the provisions in subparagraph 5, first paragraph of Article 54-1, subparagraph 5, first paragraph of Article 63-5, subparagraph 6 of Article 78-1, or subparagraph 5, first paragraph of Article 78-3 by planting or harvesting vegetation, raising livestock, breeding aquatic products, or building fish pond, growing oyster, or engaging in other breeding activities.
4.Violating the provisions in subparagraph 7 of Article 78 by engaging in activities that impede river protection.
5.Violating the provisions in subparagraph 4 of Article 78-1, or subparagraph 4, second paragraph of Article 78-3 by planting vegetation without due approval.
6.Violating the provisions in subparagraph 5 of Article 78-1 or subparagraph 5, second paragraph of Article 78-3 by engaging in excavation, burying/filling, other activities that alter the existing patterns in the river area or in the range of drainage facilities.
7.Violating the provisions in subparagraph 6, first paragraph of Article 78-3 by engaging in activities that impede drainage.
Article 93-3
Any of the following situations is subject to a fine of no less than NT$2,500 and no more than NT$50,000:
1.Violating the provisions in subparagraph 7, first paragraph of Article 54-1 by violating the boundaries of play/rest area, activities or conducts permitted and announced by the reservoir authority or management agency.
2.Violating the provisions in subparagraph 6, first paragraph of Article 63-5 by engaging in activities that impede the drainage or safety of embankment.
3.Violating the provisions in subparagraph 6 of Article 78 by driving on roads other than designated ones.
4.Violating the provisions in subparagraph 7 of Article 78-1 by engaging in other river management related activities as announced by the authority-in-charge without approval.
Article 93-4
The authority-in-charge may order the person violating, the first and second paragraphs of Article 46, Article 47, the first and second paragraphs of Article 54-1, Article 63-5, Article 78, Article 78-1, or Article 78-3 or the second paragraph of Article 65 pertaining to restriction in land use, to restore the original condition or demolish, clean up, properly dispose the facility or structure concerned within a prescribed period, and impose consecutive fines of no less than NT$10,000 and no more than NT$200,000 for each violation in compliance beyond the prescribed period.
If the offender of the preceding paragraph is unknown or unable to fulfill their obligations, the authority-in-charge should order the owner, manager, or user of the building or land where the preceding violation is located to restore the original condition or demolish, clean up, properly dispose the facility or structure concerned within a prescribed period, and impose consecutive fines of no less than NT$10,000 and no more than NT$200,000 for each violation in compliance beyond the prescribed period.
If the offender or the owner, manager, or user of the building or land where the violation is located of the two preceding paragraphs does not comply with the order of the authority-in-charge by the end of the prescribed period, the authority-in-charge may perform the acts delineated in the order on behalf of the person and order them to pay the fees for the performance.
Article 93-5
In case of violating the first and second paragraphs of Article 46, Article 47, the first and second paragraphs of Article 54-1, Article 63-5, Article 78, Article 78-1, or Article 78-3, and the second paragraph of Article 65 pertaining to restriction in land use, or the first paragraph of Article 93, the authority-in-charge may confiscate the facilities, machinery, apparatuses or tools used by the offender and put them to public auction.
Article 93-6
To exercise applicable water rights and manage rivers, drainages, sea embankments, reservoirs, hydraulic structures, groundwater well drilling service operators or water usage plan, the competent authority or water works authority may send a representative to access the business operation site, the building, or land and perform inspections as long as the said businesses are believed to be violating the prohibition and restriction requirements of the Act or evading the water conservation charge and may have related parties to provide necessary explanations, adopt required measures, or provide related materials, which the party being inspected may not circumvent, obstruct, or reject. When there are substantial facts to prove violations during inspections and circumvention, obstruction, or rejection of inspections, the competent authority or water works authority may access such premises by force. When it is considered necessary, local police organizations may also be asked to provide assistance.
A notice or announcement shall be given before the implementation of the inspection, except for those suspected of interfering with the inspection.
Inspectors specified in Paragraph 1 shall spontaneously show their ID or symbols sufficient for identification while carrying out inspection assignments and may not interfere with the normal operations at the said business operation site.
The inspecting authority and inspectors indicated in Paragraph 1 shall keep confidential the personal and business secrets of the party being inspected.
Unjustified circumvention, obstruction, or rejection of the inspections indicated in Paragraph 1 or failure to offer explanations, adopt required measures, or provide related materials shall be punishable by a maximum fine of NT$20,000 to NT$100,000. The punishment and mandatory inspection is applicable per violation.
Article 93-7
If one of the following occurs, a maximum fine of NT$300,000 to NT$1,500,000 will be imposed and the punishment is applicable per violation:
1. The developer uses water before the water usage plan or revised water usage plan is approved by the central authority-in-charge in accordance with Paragraph 1 and 3, Article 54-3.
2. The developer violates the water usage plan approved under Paragraph 2, Article 54-3.
3. The water supplier supplies water to the developer before the water usage plan or revised water usage plan is approved under Paragraph 5, Article 54-3.
Article 93-8
If one of the following occurs and the improvement is not made within the deadline ordered by the central authority-in-charge, a maximum fine of NT$50,000 to NT$250,000 will be imposed and the punishment is applicable per violation:
1. The developer fails to submit the water usage plan or revised water usage plan in accordance with Paragraph 1 or 3, Article 54-3.
2. The developer fails to report the water usage in accordance with Paragraph 2, Article 54-3.
3. The developer fails to submit the difference analysis report in accordance with Paragraph 3, Article 54-3.
4. The developer fails to apply for the extension or cancelation in accordance with Paragraph 4, Article 54-3.
5. The developer or the user fails to submit the water usage plan in accordance with Paragraph 6, Article 54-3.
Article 93-9
When a municipal or city (county) authority-in-charge supervises and audits the outflow control facilities in accordance with the regulations prescribed in Paragraph 5 of Article 83-7 and considers them in violation of the approved outflow control plan, the authority-in-charge may send a representative to access the business operation site, the building or land and audit the construction, use, management and maintenance of the outflow control facilities, and may have related parties give necessary explanations, adopt required measures or provide related materials, which the party being audited shall not circumvent, obstruct, or reject. When there are substantial facts to prove the violation of the approved outflow control plan and circumvention, obstruction or rejection of the audit, the municipal or city (county) authority-in-charge may access the business operation site, the building or land compulsorily; however, access to the land reserved for national defense facilities shall be subject to the approval of the authority-in-charge of the land reserved for national defense facilities.
Auditors referred to in the preceding paragraph shall spontaneously show their ID or symbols sufficient for identification while accessing the public or private land or buildings to perform the investigation or survey, and shall inform the obligator 7 days prior to the implementation of the audit.
Circumvention, obstruction or rejection of the audit referred to in Paragraph 1 or Circumvention, obstruction or rejection to give explanations, adopt required measures or provide related materials shall be subject to a fine of NT$10,000 to NT$50,000 imposed by the municipal or city (county) authority-in-charge, and the punishment is applicable per violation along with the compulsory audit.
Article 93-10
Those developing and using the land before the approval of the outflow control plan in violation of the regulations prescribed in Paragraph 1of Article 83-7 will be fined by the municipal or city (county) authority-in-charge at the amount between NT$300,000 and NT$1,500,000 and ordered to terminate the land development and utilization; those not submitting the outflow control plan shall submit it within the given deadline in accordance with the regulations prescribed in Article 83-7.
Those who are ordered by the municipal or city (county) authority-in-charge to terminate the land development and utilization but fail to do so may be fined at the amount between NT$50,000 and NT$100,000 per violation, and the facilities or machinery used by the obligator may be confiscated.
Article 93-11
If the obligator fails to construct, use, manage or maintain the outflow control facilities according to the approved outflow control plan prescribed in Paragraph 5 of Article 83-7 and does not improve within the deadline ordered by the municipal or city (county) authority-in-charge, a fine of NT$100,000 to NT$500,000 will be imposed and the punishment is applicable per violation.
Article 94
Any person who uses violence or assault to force a floodgate administration personnel to close a floodgate or a lock and as a result damages the interests of others shall be punished with a sentence of imprisonment of no more than five years, detention, or a fine of six thousand to thirty thousand yuan or a combination thereof.
Any person commits an offense under the preceding paragraph during a flood control season and as a result causes public hazards shall be punished with a sentence of no more than seven years, or a fine of ten thousand to fifty thousand yuan, or a combination thereof.
If the offenses under the preceding two paragraphs are committed by people acting in concert, the punishment of offenders shall be increased by a half.
Any attempt of the offenses under paragraph 1 or 2 shall be punished.
Article 94-1
In case an act as specified in Articles 92-2 ~ 92-5, 93-2 or 93-2 leads to public endangerment the offender shall be punished with a sentence of imprisonment of no more than five years, or a fine of no less than NT$500,000 and no more than NT$5,000,000, or a combination thereof.
If the aforesaid act causes the death of others, the offender shall be punished with a life sentence or an imprisonment of no less than seven year; if the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of no less than three years and no more than ten years.
Article 95
Any person who violates this Act or decrees issued by the authority-in-charge according to this Act on the obligation to act or not to act, the authority-in-charge may force the person to perform his obligation or suspend the person’s rights accorded by law in part or in whole and impose a fine of at least six thousand but no more than thirty thousand yuan.
Article 95-1
Fines for the following violations may be remitted if the violation is a first offense, considered to be petty, and the offender has restored the original condition or demolished, cleaned up, properly disposed of the facility or structure concerned within a prescribed period.
1.Violating the provisions in subparagraph 5, first paragraph of Article 54-1, second paragraph of Article 63-5, subparagraph 4 of Article 78-1, or subparagraph 4, second paragraph of Article 78-3 by planting vegetation on privately-owned land in a reservoir storage area, sea embankment area, river area or drainage facilities area.
2.Violating the provisions in subparagraphs 4 to 6, Article 78 and each subparagraph in Article 78-1 in the range of rivers belonging to embankment constructed for a management plan, existing embankment, or high-water revetment (excluding river flood control structures and flood barrier roads), but does not infringe upon the safety of said embankment or revetment.
3.Violating the provisions in subparagraphs 4 to 5, first paragraph of Article 78-3 and second paragraph of Article 78-3 in range of drainage facility areas belonging to drainage facility constructed for a management plan and existing drainage facility (excluding the drainage facility and flood barrier roads), but does not infringe upon the safety of said drainage facility.
4.Penalty for violations which is punishable by a fine of no more than NT$3,000 and considered appropriate not to punish by the competent authority.
In the circumstance referred to in the preceding paragraph, the competent authority shall rectify the violation and enter it into a record, which shall be signed by the offender.
Article 95-2
The following violations may be fined no less than NT$2,500 and no more than NT$50,000 if the violation is a first offense, has not caused death, serious injury, or disaster, and the offender has restored the original condition or demolished, cleaned up, properly disposed of the facility or structure concerned within a prescribed period.
1.Violating the provisions in subparagraph 3, first paragraph of Article 54-1, subparagraph 3, first paragraph of Article 63-5, subparagraph 5 of Article 78, or subparagraph 4, first paragraph of Article 78-3 by dumping waste soil or other waste below a certain quantity in a reservoir storage area, sea embankment area, river area or drainage facilities area. The provision in the preceding paragraph is not applicable if the offender is operating in the business of waste storage, clearance, or disposal.
2.Violating the provisions in subparagraph 4, first paragraph of Article 54-1, subparagraph 4, first paragraph of Article 63-5, subparagraph 3 of Article 78-1, or subparagraph 3, second paragraph of Article 78-3 by quarrying or stacking soil and stone below a certain quantity in a reservoir storage area, sea embankment area, river area or drainage facilities area. The provision in the preceding paragraph is not applicable if the offender is operating in the profit-seeking business of mining, earth and stone extracting, construction and engineering, cement or cement product manufacturing, stone product manufacturing, or other profit-seeking businesses.
3.Violating the provisions in subparagraph 5, first paragraph of Article 54-1, second paragraph of Article 63-5, subparagraph 4 of Article 78-1, or subparagraph 4, second paragraph of Article 78-3 by planting vegetation in a reservoir storage area, sea embankment area, river area or drainage facilities area, but whose violation is below a certain area in size.
4.Violating the provisions in subparagraph 4 of Article 78-4 by building, factory or house in the river area, of which the violating structure is below a certain area in size, the land registration transcript is not labeled as river area in usage zoning, and has been approved under the jurisdiction of other government agencies.
5.Violating the provisions in subparagraph 5 of Article 78-1, or subparagraph 5, second paragraph of Article 78-3 by engaging in excavation, burying/filling or other activities that alter the existing patterns in the river area or in the range of drainage facilities without due permission, but whose violation is below a certain area in size and does not affect the safety of embankment facilities, revetment, and drainage facilities or does not block the flow of water.
6.Other petty violations as announced by the competent authority.
The definition of a certain quantity or a certain area in size indicated in the preceding paragraph will be announced by the competent authority.
Article 96
(deleted)