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Title: Soil and water Conservation Act CH
Category: Ministry of Agriculture(農業部)
Chapter IV Supervision and Management
Article 22
(Violation of Agricultural Use Regulations)
If slopeland utilization exceeding prescribed limits or if land is not used pursuant to article 10 or soil and water conservation is not treated and maintained in accordance with Soil and Water Conservation Technical Specifications when farming, forestry, fishing, or herding activities are being conducted, the special municipality or county/city regulatory authority will request, in conjunction with the relevant authorities, the soil and water conservation obligor to cure within a prescribed time limit. Where no cure is made within the time limit prescribed or where soil and water conservation treatment and maintenance does not conform to Soil and Water Conservation Technical Specifications, the relevant authorities may be requested to take any of the following actions:
1.where the land for lease or sale or in which farming right has been registered is public land, the lease, sale or farming right will be terminated and the land will be re-claimed and dealt with separately; in the event of land for sale, the land price already paid will be confiscated;
2.where the land borrowed or appropriated is public land, it will be re-claimed by the original owner or management authority; or
3.where the land is private land, the development thereof will be ceased.
Any ground objects under any of the preceding subparagraphs will be harvested or handled by the operator, user or owner within the prescribed time limit, otherwise, the egulatory authority may directly clear such objects in conjunction with the land management authority; Forest Act shall further apply in the event of national or public forest land for lease.
Article 23
(Violation of Non-Agricultural Use Regulations)
Where soil and water conservation is not treated and maintained in accordance with the soil and water conservation plan approved pursuant to any of articles 12 to 14, the competent authority will, in addition to imposing punishment successively pursuant to article 33, request in conjunction with the authority responsible for specific business, the soil and water conservation obligor to cure within a prescribed time limit. Where no cure is made within the time limit prescribed or where soil and water conservation treatment and maintenance still does not conform to Soil and Water Conservation Technical Specifications, the soil and water conservation obligor shall be ordered to suspend work, compulsory demolition will be imposed, or the relevant permit will be revoked, and use of completed portions may further be suspended.
Where development is carried out without first drafting a soil and water conservation plan and submitting the same to the regulatory authority for approval in accordance with any of articles 12 to 14, the regulatory authority shall, in addition to imposing punishment successively pursuant to article 33, order work suspension and may confiscate the facilities and machinery and tools used, impose compulsory demolition and clear the work objects, at the expense of the operator, user or owner; applications for development of the particular land will also be suspended for two years from the date of the initial punishment.
Maintenance of roads or facilities already completed will be governed by the preceding two paragraphs mutatis mutandis.
Article 24
(Soil and Water Conservation Bond and Performance)
The development, operation or use under subparagraphs 3 to 5 of the fist paragraph of article 8 is subject to the payment of a soil and water conservation bond. Regulations for the payment, custody and utilization of such bond will be determined by the egulatory authority in conjunction with the authority responsible for specific business.
The bond under the preceding paragraph will be returned if soil and water conservation has been treated and maintained as required and such treatment and maintenance has been confirmed upon inspection to conform to Soil and Water Conservation Technical Specifications.
If under the circumstance mentioned in either of the preceding two articles no cure is made within the time limit prescribed or the soil and water conservation treatment and maintenancedoes not conform to Soil and Water Conservation Technical Specifications, the regulatory authority shall perform in conjunction with the authority responsible for specific business and charge a fee from the soil and water conservation obligor or deduct the fee from the bond paid by said obligor.
Article 25
(Appropriation and Condemnation of Land for Soil and Water Conservation)
The regulatory authority may, for the purposes of soil and water conservation treatment and maintenance, appropriate the necessary public land or condemn the necessary private land. Where it is necessary to condemn land for emergency treatment, the regulatory authority may, subject to the approval of the Executive Yuan, first use the land.
Article 26
(Appropriation of Materials and Supplies, Labor and Land for, and Removal of Obstacles to, the Emergency Soil and Water Conservation Treatment)
The regulatory authority may appropriate any materials, supplies, labor and land required for emergency repair, and remove any obstacles, for the purpose of soil and water conservation treatment and maintenance on an emergency basis for the sake of public safety.
The regulatory authority shall subsequently make considerable compensation for the appropriation of materials, supplies, labor and land and removal of obstacles under the preceding paragraph, and may request the superior regulatory authority for determination in the event of disagreement over the compensation.
Article 27
(Exercise of Police Powers)
The regulatory authority may exercise police powers in taking emergency action and banning work in areas that are, by this Act, subject to soil and water conservation treatment and maintenance, and may further seek assistance from the military and police in the local area where necessary.