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Chapter Law Content

Title: Nuclear Damage Compensation Law CH
Category: Nuclear Safety Commission(核能安全委員會)
Chapter II Liabilities for Damage Compensation
Article 11
When a nuclear incident occurs, the operator thereof shall be liable for compensation of the nuclear damages resulting therefrom.
Article 12
In case a nuclear incident is caused by nuclear material of a nuclear installation, the original operator shall be liable for damage compensation resulting therefrom under any one of the following conditions:
1.The liability for compensation has not been assumed by another nuclear installation operator under written agreement.
2.In the sbsence of such written agreement, before another nuclear installation operator has taken over or possessed the nuclear material.
3.Where the nuclear material is intended to be used in a nuclear reactor with which a transportation conveyance is equipped for use of producing power for propulsion or for other purposes, before the person duly authorized to operate such reactor has taken charge of the nuclear material.
Article 13
Where a nuclear incident happened on the way the nuclear material is transported outbound this country, the nuclear installation operator transporting the said material shall be liable for compensation of the nuclear damage occurred within the territory of the Republic of China.
Where a nuclear incident happened on the way the nuclear material is transported inbound this country, the nuclear installation operator receiving the said material shall be liable for compensation of the nuclear damage occurred within the territory of the Republic of China.
Article 14
The nuclear installation operator providing temporary storage of nuclear material shall not be liable for the nuclear damage involving the said nuclear material in temporary storage incidental to transport in case that another nuclear installation operator shall be liable for the nuclear damage according to the preceding two Articles.
Article 15
In case several operators are liable for the nuclear damage according to this Law, these operators shall be jointly and severally liable for the compensation thereof.
Article 16
In case the nuclear incident occurs during the transportation of nuclear material in one and the same transportation conveyance, or the nuclear material is temporarily stored in one and the same nuclear installation during transportation, the several operators shall be liable for compensation of the nuclear damage resulting therefrom.
Article 17
Where several nuclear installation of one and the same operator are involved in one nuclear incident, such operator shall be liable for compensation in respect of each nuclear installation involved.
Article 18
The operator of a nuclear installation shall, in accordance with this Law, be liable for nuclear damages arising from the occurrence or expansion of a nuclear incident regardless of whether it is caused intentionally or through negligence, except when the nuclear incident is caused directly by international armed conflicts, hostilities, domestic rebellion, or grave natural calamity.
Article 19
In case the nuclear installation operator can prove that the occurrence or expansion of the nuclear damage was caused by the victim's intentional act or negligence, the court may reduce or dispense with the compensation.
Article 20
All damages caused by a nuclear incident alone or in combination with other incidents in which the other damages can not be completely distinguished from the nuclear damage are to be deemed as nuclear damage caused by the nuclear incident.
Article 21
Other laws shall be applied where the nuclear installation operator is liable for compensation of nuclear damages to the following properties:
1.The nuclear installation itself or any property on the site of that installation which is used or to be used in connection with that installation.
2.Transportation conveyance used for transporting nuclear material which caused a nuclear incident.
Article 22
The nuclear installation operator who follows the stipulated compensation of this Law has the right of recourse against any person other than another nuclear installation operator only under one of the following conditions:
1.Having specific stipulations in written agreement;
2.The nuclear damage is caused by intentional acts of individuals, and the recourse can be asserted against the individuals with that intent.
Article 23
Any person other than the nuclear installation operator shall not be liable for nuclear damages except as provided in the preceding Article.