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Chapter Law Content

Chapter I General Provisions
Article 1
(Applicability)
This Act governs the conservation and utilization of slopeland. Issues not addressed by this Act are governed by other laws.
Article 2
(Regulatory Authority)
In this Act, the term "regulatory authority" denotes the Council of Agriculture, Executive Yuan at the central level, special municipality at the specialmunicipal level, and county/city government at the county/city level.
Matters pertaining to the administration of and construction slopeland are handled by the Ministry of the Interior in conjunction with the central level responsible authority. Matters pertaining to the mandated management and operation of state-owned slopeland are handled by the Ministry of Finance in conjunction with the central level responsible authority.
Article 3
(Scope of Slopeland)
In this Act, the term " slopeland " denotes public and private land which the central or special municipality regulatory authority has identified using criteria of natural terrain, requirements of the administrative regions, and requirements for conservation and utilization but not including national forests, experimental forest, protection forest. These lands will have been approved and publicly announced by the Executive Yuan upon application of the central or special municipality regulatory authority, and must conform to either of the following:
1.The land must have an elevation of more than 100 meters.
2.The land’s elevation is less than 100 meters, however, it has a slope greater than 5%.
Article 4
(Types of Public Slopeland)
In this Act, the term "public slopeland " denotes slopeland owned by the nation, a special municipality, county/city, or village/town/city.
Article 5
(Definition of Conservation and Utilization)
In this Act, the term "conservation and utilization of slopeland " denotes the conservation and utilization of water and soil by means of their natural features, applied engineering, agronomic and vegetative measures. These soil and water conservation and maintain measures are intended to avoid soil erosion, landslide, debris-flow and other disasters, to protect the ecology and landscape, and to conserve water resources as well as to ensure the cost-effective utilization of water and soil.
Article 6
(Designation of Areas according to Purpose and to the Water and Soil Conservation Plan)
Slopeland shall, pursuant to the Regional Planning Law or City Planning Law, be designated as specific areas or zoned as land for various purposes, according to the natural terrain, geological conditions, vegetation conditions, conservation of the ecological system and resources, usable scope and other factors pertaining to such slopeland .
The soil and water conservation plan for designation of the above areas or zoning of the land for various purposes, as well as any revisions thereof, will be devised in phases by the special municipality or county/city regulatory authority as necessary, and promulgated and implemented upon the approval of the central level responsible authority.
Article 7
(Deleted)
Article 8
(Survey and Registration of Public Slopeland )
Public slopeland which has not been subject to cadastral survey or general land registration shall be subject to regular survey and general registration.
Article 9
(Soil and Water Conservation Obligor)
Any operator, user or owner of slopeland operating or utilizing the land for the following purposes shall treat and maintain soil and water conservation of the entirety of the land which it operates or utilizes:
1.Operating or utilizing land for agricultural or animal husbandry purposes;
2.Operating, utilizing or logging land for forestry purposes;
3.Repairing, building or maintaining for reservoir or road;
4.Prospecting mineral deposits, mining, exploiting or piling soil and gravel, or establishing relevant ancillary facilities;
5.Developing land for housing construction;
6.Developing or operating land for park, forest amusement park, recreation area, athletic facility, or military training camp;
7.Developing or operating land for cemetery ;
8.Treating solid waste; and
9.Developing or using slopeland for other purposes.
Article 10
(No Unauthorized Reclamation, Cultivation or Occupancy)
Unauthorized reclamation, cultivation or occupancy of public or otherwise owned slopeland is not permitted. Development, operation or utilization of such land for the purposes specified in subparagraphs 1 to 9 of the preceding article, is also not permitted.
Article 11
(Designated Manner of Conservation)
Where it is necessary to ensure the conservation and utilization of slopeland, the soil and water conservation treatment and maintenance of such land shall be performed in the manner designated by the special municipality or county/city regulatory authority.
Article 12
(Implementation and Inspection of Soil and Water Conservation)
Any operator, user or owner of slopeland shall performed and maintain soil and water conservation works in accordance with Soil and Water Conservation Technical Specifications and specified time period as prescribed by the regulatory authority.
The maximum time period for the aforementioned soil and water conservation treatment and maintenance shall not exceed three years. Constant maintenance must follow such conservation, for the purpose of sustaining its benefits. In the event of damage, immediate repair or reconstruction must be carried out.
The designated regulatory authority maintains the right to periodically inspect the soil and water conservation treatment and maintenance as specified in the preceding two paragraphs. These inspections can take place at any time.
Article 12-1
(Inspection for Soil and Water Conservation Plan)
A certificate of conformance will be issued to land suitable for agricultural or animal husbandry purposes for which the soil and water conservation of such land has been completed and confirmed. Such land will be deemed in conformance upon inspection by officers dispatched by the special municipality or county/city regulatory authority.
A certificate of conformance will be issued to land suitable for forestry purposes in cases in which the survival rate of such land has been determined to be 70% or above three years after the afforestation of such land has been confirmed. Such land will be deemed in conformance upon inspection by officers dispatched by the special municipality or county/city regulatory authority.
Article 13
(Exchange, Division or Combination of Land)
The government reserves the right to designate areas for rezoning or exchange in part, to assist farmers in purchasing such land and to counsel farmers on cooperation in operation, joint operation or mandated operation of the land. The government will engage in these activities for the purpose of enhancing the utilization or expanding the operation of slopeland.
Article 14
(Condemnation and Compensation)
For the purpose of conserving and utilizing slopeland or constructing public facilities, the government may condemn or recover the following types of land:
1.Private land;
2.Land for sale for which the land price remains outstanding; and/or
3.Land for lease.
The government will provide compensation for cases in which special improvements or ground objects exist on any of the land mentioned in the preceding paragraph, and will return the land price paid in the event that the land is for sale.
Article 15
(Emergency Treatments)
The regulatory authority shall adopt emergency treatments to restrict any development and utilization of slopeland which are likely to cause calamity or to damage public facilities. The costs entailed by such emergency treatments will be borne by the operator, user or owner of such land.
In addition, the operator, user or owner shall be liable to pay damages for the calamity or damage mentioned in the preceding paragraph.
Article 15-1
(Designation of Patrol/Inspection Areas)
The special municipality or county/city regulatory authority shall, subject to the need of administrative districts and the need for control of conservation and utilization, designate patrol/inspection areas, which will be responsible for reporting, restraining and clamping down on any violation of slopeland utilization regulations.