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Chapter Law Content

Title: Irrigation Act CH
Category: Ministry of Agriculture(農業部)
Chapter 6: Penalty Provisions
Article 27
Violations of Article 16, Paragraph 1 that endanger public safety are punishable by up to five years imprisonment and a fine of between NT$100,000 and NT$500,000.
Violations mentioned in the preceding Paragraph that lead to death for a person or persons are punishable by life imprisonment or imprisonment of seven years or longer and a fine of between NT$200,000 and NT$1 million. Violations that lead to serious injury are punishable by three to ten years imprisonment and a fine of between NT$150,000 and NT$600,000.
Article 28
Use of violence, threats, or other illegal methods to compel management personnel to open or close water gates or sluice gates in farmland water conservancy facilities areas is punishable by up to five years imprisonment, detention, or/and a fine of between NT$60,000 and NT$300,000.
Violations as mentioned in the preceding Paragraph that endanger public safety are punishable by up to seven years imprisonment and a fine of between NT$100,000 and NT$500,000.
In cases in which violations as mentioned in the preceding two paragraphs are committed by groups of people, the punishment shall be increased by half.
An attempt to commit the offense mentioned in Paragraph 1 of this Article shall be punishable.
Article 29
Violations of Article 14, Paragraph 1, in which persons release non-farmland drainage water without the authorization of the Competent Authority, are punishable by a fine of between NT$30,000 and NT$600,000.
The failure of non-farmland drainage water released with authorization as mentioned in Article 14, Paragraph 2 to conform to water quality standards is punishable by a fine of between NT$3,000 and NT$30,000.
When the person committing a violation as mentioned in the preceding Paragraph is part of an enterprise announced by the Competent Authority, the act is punishable by a fine of between NT$3,000 and NT$600,000.
In any of the situations mentioned in the preceding three Paragraphs, where there are also concerns of a hazard posed to agricultural industries, biosafety, or human health, the maximum fine shall be increased to NT$20 million.
For cases of offenders penalized based on the preceding four Paragraphs, the Competent Authority may order the offender to improve within a specified time limit; in cases in which improvements have not been completed within the specified time limit, the offender may be punished separately for each additional violation. In serious cases, the drainage water release authorization may be withdrawn.
Article 30
In any of the following situations, the Competent Authority may impose fines of between NT$6,000 and NT$30,000, and may order the offender to improve within a specified time limit; in cases in which improvement has not been completed within the specified time limit, the offender may be punished separately for each additional violation.
1. Violations of Article 8, Paragraph 1, in which farmland water conservancy facilities are altered or demolished without authorization from the Competent Authority or in which alteration or demolition goes beyond the scope of the authorization.
2. Violations of Article 12, Paragraph 1, in which concurrent use is made without authorization from the Competent Authority.
3. Violations of Article 13, Paragraph 1, in which unauthorized structures are set up within farmland water conservancy facilities areas without the authorization of the Competent Authority.
4. Violations of Article 16, Paragraph 1, for cases of prohibited actions in farmland water conservancy facilities areas.
5. Violations of Article 16, Paragraph 2, in which irrigation water in farmland water conservancy facilities areas is drawn off without the authorization of the Competent Authority.
Article 31
In a situation as mentioned in Article 29, Paragraph 1 or in Sub-Paragraphs 4 or 5 of the preceding Article, if the offense is slight, the offender can first be ordered to improve within a specified time limit, and where improvement has already been completed, the punishment can be reduced or eliminated.
The standards for determining whether offenses are slight and for the reduction or elimination of punishments as mentioned in the preceding Paragraph shall be stipulated by the Competent Authority.