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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 damages or steals 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 three thousand yuan, or a combination of both, in addition to be held responsible for the restoration and compensation for the damages.
If the damage or theft under the preceding paragraph causes disasters, a sentence of imprisonment of no less than seven years shall be imposed. If resultant damages are material and endanger lives and property of many people, a sentence of life imprisonment, or imprisonment of no less than ten years shall be imposed.
Any attempt of the offense under paragraph 1 of this Article shall be punished.
Article 91-2
If a person who applies and is granted approval or a permit according to the provisions in the second paragraph of Article 63-3, second paragraph of Article 63-5, second paragraph of Article 54-1, 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 or permit granted:
1. Violating the second paragraph of Article 63-3, first paragraph of Article 63-5, or Chapter 6 on matters prohibited or required, or the provisions in Article 78, first paragraph of Article 78-3, Article 80 or Article 81.
2. Engaging in irrigation work in violation of Article 63-2 or Article 63-3, or violating the regulations set forth according to Article 63-4 regarding the construction of irrigation work, alternation, closure, management of irrigation facilities, and other provisions.
3. Violating the regulations set forth according to Article 63-6 regarding the use and management, flood control, flooding emergency, inspection and maintenance of embankment safety in sea embankment area, and other provisions.
4. Violating the measure set forth according to Article 54-2 regarding use and management in weir, dam and reservoir storage area or other provisions.
5. Violating the regulations governing river management set forth according to 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.
6. 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.
7. Failing to proceed with the work as permitted or approved in six months from the date the permit or approval is granted without otherwise obtaining an approval from the authority-in-charge.
8. Failing to pay user fee within a prescribed period after being notified so.
9. Transferring the approval or permit to others or failing to use it according to instructions or the scope granted.
10. Intentional mismanagement or gross negligence in management that results in violation of the usage instructions or the granted scope of usage by others.
11. Having lost the qualification to make application after the permit or approval is granted.
12. The revocation of approval or permit is necessary due to remediation, management, public use of water conservancy facilities or other prevention or emergency actions.
Where a permit is revoked according to law or annulled according to subparagraphs 1 ~ 11 of the preceding paragraph, the permit user shall not reapply within one year.
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$1,000,000 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 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 or other waste.
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, subparagraph 3, or second paragraph of Article 78-3 by engaging in quarrying or stacking soil and stone with due permission.
Article 92-3
Any of the following situations is subject to a fine of no less than NT$600,000 and no more than NT$3,000,000:
1. Violating the provisions in subparagraph 1, first paragraph of Article 63-3 by filling canal channel.
2. Violating the provisions in subparagraph 2, first paragraph of Article 63-3 by damaging pond, canal channel or accessory structures thereto.
3. Violating the provisions in subparagraph 3, first paragraph of Article 63-3 by opening, closing, moving or damaging water gate or its auxiliary facilities.
4. Violating the provisions in subparagraph 4, first paragraph of Article 63-3 by dumping waste soil or other waste.
5. Violating the provisions in subparagraph 4 of Article 78 by building factory or house.
6. 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$500,000 and no more than NT$2,500,000:
1. Violating the provisions in subparagraph 5, first paragraph of Article 63-3 by engaging in quarrying or stacking soil and stone.
2. Violating the provisions in second paragraph of Article 63-5 by building fish pond, planting vegetation, or constructing, rebuilding, repairing or demolishing structures or other facilities without due approval.
3. Violating the provisions in second paragraph of Article 54-1 by engaging in construction without the approval of authority-in-charge or the lock gate and reservoir management agency.
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$100,000 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 second paragraph of Article 63-3 by discharging wastewater or drawing water from canal channel or building structures on pond or canal facilities or within the boundaries of pond or canal without the approval of authority-in-charge.
4. 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.
5. Violating the provisions in subparagraph 7 of Article 78 by engaging in activities that impede river protection.
6. 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.
7. Violating the provisions in subparagraph 5 of Article 78-1 or subparagraph 5, second paragraph of Article 8-3 by engaging in excavation, burying/filling, other activities that alter the existing patterns in the river area or in the range of drainage facilities.
8. 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$10,000 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 63-3 by planting or harvesting vegetation, raising livestock or breeding aquatic products.
3. Violating the provisions in subparagraph 7, first paragraph of Article 63-3 by engaging in activities that impede the safety of irrigation facilities.
4. Violating the provisions in subparagraph 6, first paragraph of Article 63-5 by engaging in activities that impede the drainage or safety of embankment.
5. Violating the provisions in subparagraph 6 of Article 78 by driving on roads other than designated ones.
6. 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 Articles 46, 47, 54-1, 63-3, 63-5, 65, 78, 78-1, or 78-3 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$50,000 for each day of delay in compliance beyond the prescribed period.
Article 93-5
In case of violating Articles 46, 47, 54-1, 63-3, 63-5, 65, 78, 78-1, or 78-3, the authority-in-charge may confiscate the facilities or machinery 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 96
The fines referred to in this Act shall be collected by the authority-in-charge. If the collection of fees fails by administrative procedure, the case shall be forwarded to the court for compulsory enforcement.