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Chapter Law Content

Title: Soil and water Conservation Act CH
Category: Ministry of Agriculture(農業部)
Chapter II General Soil and Water Conservation Treatment and Maintenance
Article 8
(Scope of General Soil and Water Conservation)
The treatment, management and usage of the following areas shall, after investigation and planning, be subject to the soil and water conservation treatment and maintenance in accordance with Soil and Water Conservation Technical Specifications:
1.Watershed treatment
2.Development and use of farmland, forest land, fishing land, and meadowland
3.Prospecting of mineral deposits, mining, well digging, quarrying, or establishment of relevant ancillary facilities
4.Repair and building of railroads, highways, other roads or ditches etc.
5.Development of land for construction, or establishment of parks, graves, pleasure grounds, sports grounds or military training grounds, or piling of sand and gravel, treatment of waste, or other excavation and soil preparation, on slopeland or within a forest zone
6.Averting of erosion or landslide of coasts, the riparian zones of lakes and reservoirs, or banks of waterways
7.Checking of winds, control of sand, and averting of disasters in deserts, sand beaches, sand dunes or windy regions
8.Administration of protection areas under urban planning
9.Other soil and water conservation treatment and maintenance as required to maintain soil and water resources and the quality thereof or to control disasters due to the development and use of land
The technical regulations for soil and water conservation mentioned in the preceding paragraph will be announced by the central level responsible authority.
Article 9
(Overall Administration of River Watershed)
River Watershed shall be subject to the overall administration and planning of the regulatory authority in conjunction with the relevant authorities. Mid- and long-term administration planning must be devised based on the requirement for the conservation of soil and water resources and the reasonable use of land, submitted to the central level responsible authority for approval, and implemented by each relevant authority, institution or soil and water conservation obligor by stages and by regions.
Watershed mentioned in the preceding paragraph will be designated by the central level responsible authority in conjunction with the relevant authorities.
Article 10
(Guidelines on the Use of Slopeland for Farming and Herding Purposes)
The soil and water conservation of slopeland that is suitable for farming or herding purpose shall, when such land is used for said purpose, be treated and maintained by the soil and water conservation obligor in line with the catchment administration plan or farming and herding area development plan.
Article 11
(Soil and Water Conservation of Forest Zones)
The soil and water conservation of national or public forest zones shall be planned, treated and maintained by the forest operation and management authority. The soil and water conservation of private forest zones shall be treated and maintained by soil and water conservation obligor under the guidance of the local forestry regulatory authority.
Article 12
(Soil and Water Conservation Plan for Non-Agricultural Purpose I)
Asoil and water conservation obligor engaging in the following acts on slopeland or in a forest zone shall draft a soil and water conservation plan and submit the same to the regulatory authority for approval. If by act an environmental impact assessment is necessary, the soil and water conservation obligor shall further submit the result of environmental impact assessment for approval.
1.Repair or building of farm roads, or slope preparation, as required for the development and use of farmland, forest land, fishing land, and meadowland;
2.Prospecting of mineral deposits, mining, well digging, quarrying, or establishment of relevant ancillary facilities;
3.Repair and building of railroads, highways, other roads or ditches etc.;
4.Development of land for construction, or establishment of parks, graves, pleasure grounds, sports grounds or military training grounds, or piling of sand and gravel, treatment of waste, or other excavation and soil preparation.
No authority responsible for specific business shall directly issue a development or use permit until the soil and water conservation plan mentioned in the preceding paragraph is approved by the regulatory authority.
Where pursuant to the applicable acts and regulations governing regional planning an application for engaging in any of the acts described in the subparagraphs of the first paragraph is subject to the review of the authority formulating the regional planning, a soil and water conservation proposal must first be drafted and then submitted through the authority responsible for specific business to the regulatory authority on the same level of said authority formulating the regional planning, for review and approval. The soil and water conservation proposal may be reviewed along with the environmental impact assessmentin a parallel manner.
A simplified soil and water conservation statement may be submitted in lieu of a soil and water conservation plan with respect to any of the acts described in the subparagraphs of the first paragraph if such act falls in a category designated by the central level responsible authority with a scale smaller than that specified by the central level responsible authority. The above category and scale will be determined by the central level responsible authority.
Article 13
(Deleted)
Article 14
(Soil and Water Conservation of National Parks)
With respect to land within a national park that must be subject to the soil and water conservation treatment and maintenance, the relevant soil and water conservation obligor shall draft a soil and water conservation plan and submit the same to the regulatory authority for approval in conjunction with the national park management authority.
Such plan shall be implemented and maintained by the soil and water conservation obligor under the supervision of the regulatory authority in conjunction with the national park management authority.
Article 14-1
The regulatory authority shall charge an examination fee for reviewing and approving a soil and water conservation plan or soil and water conservation proposal in accordance with article 12. The rate will be determined by the central level responsible authority.
Regulations governing the content, application procedure, review and approval procedure, supervision, issue and abolition of soil and water conservation work permit, approval of work schedule, reporting of commencement of work, reporting of completion of work, issue of certificate of completion, and modification etc. with respect to a soil and water conservation plan, soil and water conservation proposal or simplified soil and water conservation statement, will be determined by central level responsible authority.
Article 15
(Sharing of Soil and Water Conservation Fees)
The soil and water conservation obligor of slopeland suitable for farming or herding purpose, if not the landowner, shall treat and maintain the soil and water conservation of the land it uses, in accordance with the requirements of the regulatory authority. If Soil and Water Conservation Technical Specifications are confirmed upon inspection to be conformed to, such obligor may advise the owner of the handling fee and government subsidy as well as the ratio paid by the obligor. Such owner will accordingly pay compensation based on the current percentage value less the government subsidy upon the surrender of the land, unless the soil and water conservation treatment and maintenance fee is otherwise governed by act or by agreement between the owner and the soil and water conservation obligor.
Any dispute over the handling fee and current value under the preceding paragraph is subject to mediation by the municipal, county or city competent authority.