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Chapter Law Content

Chapter IV Incentives and Penalties
Article 33
(Incentive)
The regulatory authority will grant monetary rewards to those persons who successfully report on and enforce the conservation, utilization and management of slopeland, as well as to those persons who inform the authorities of the violation of slopland utilization regulations after punishment has been administered to the offenders.
Regulations governing the provision of incentives in the preceding paragraph will be established by the central regulatory authority.
Article 34
(Criminal Liabilities for Unauthorized Occupancy)
Any violation of article 10 is punishable by a term of imprisonment of not less than six months and not more than five years, and may additionally be punishable by a fine of not more than 600,000 New Taiwan Dollars.
The above term of imprisonment will be increased by 50% if the violation under the first paragraph results in calamity. The violation, if causing death to another, will be punishable by a term of imprisonment of not less than five and not more than twelve years, and may additionally be punishable by a fine of not more than 1,000,000 New Taiwan Dollars. If causing grave injury, said violation will be punishable by a term of imprisonment of not less than three and not more than ten years, and may additionally be punishable by a fine of not more than 800,000 New Taiwan Dollars.
The violation under the first paragraph, if committed out of negligence to the extent that calamity results, will be punishable by imprisonment not more than one year and may additionally be punishable by a fine of not more than 600,000 New Taiwan Dollars.
Attempts at committing the offense under the first paragraph are punishable.
All reclaimed and cultivated objects, work objects and work materials, as well as machines and tools used in the event of an offense under this article will be confiscated, regardless of whether they belong to the offender.
Article 35
(Violation Provisions)
A fine of not less than 60,000 and not more than 300,000 New Taiwan Dollars will be imposed for cases in which:
1.No soil and water conservation plan has been formulated, as is required by law, or a soil and water conservation plan has been implemented without having been approved, or that is not in accordance with the approved version;
2.A violation of paragraph one, article 25 has not been rectified within the specified time period.
Where, with respect to either of the above circumstances, no rectification has been made within the specified time period, or the rectification made does not conform to the items specified for rectification, punishment may be administered for each instance until rectification has been duly made. Work suspension may be ordered, facilities, machines and tools may be confiscated and the objects completed on the hillside land may be subjected to compulsory demolition and cleared, at the expense of the operator, user or owner.
An act under either of the subparagraphs of the first paragraph is punishable by a term of imprisonment of not less than six months and not more than five years. Punishment may also include a fine of not more than 600,000 New Taiwan Dollars if said act results in the washaway of soil and water , in damage to soil and water conservation treatment and maintenance facilities, or in calamity. If such act causes death to another, it is punishable by a term of imprisonment of not less than three and not more than ten years, and may additionally be punishable by a fine not more than 800,000 New Taiwan Dollars. If such act causes grave injury, it is punishable by a term of imprisonment of not less than one and not more than seven years, and may additionally be punishable by a fine not more than 600,000 New Taiwan Dollars.
Article 35-1
If an offense under Article 34 or the third paragraph of Article 35 is committed in the course of the performance of business, the perpetrator who is the responsible person of a legal entity or the agent, employee, a staff member of an individual or a legal entity will be punished in accordance with the relevant provision, additionally, the legal entity or the individual shall also be punished by the fine described in each such article.
Article 36
(Compulsory Execution)
The fine prescribed in the preceding article will be imposed by the special municipality or county/city regulatory authority. The matter will be referred to court for compulsory enforcement in cases in which no payment has been made within the specified time period, of which the offender has been notified.