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Chapter Law Content

Title: Noise Control Act CH
Category: Ministry of Environment(環境部)
Chapter 2 Control
Article 7
Special municipality, county and city competent authorities may delineate and officially announce each class of noise control zone based on noise conditions within their areas of jurisdiction, and shall perform evaluations at regular intervals and delineate and officially announce new noise control zone classes. The central competent authority shall determine principles for the delineation of control zones, delineation procedures, and regulations governing other binding matters.
The central competent authority shall determine delineations and issue official announcements for those control zones in the foregoing paragraph for which there are special needs.
Article 8
Engaging in the following activities that impair the tranquility of the lives of others within noise control zones is prohibited at times and in places or premises officially announced by the special municipality, county or city competent authority:
I. The ignition of fireworks
II. The holding of such folk activities as god alter worship, temple festivals, weddings and funerals
III. The conducting of such activities as food and beverage preparation, laundering and dyeing, printing, or other commercial activities that use power machinery
IV. Other activities officially announced by the competent authority
Article 9
Sounds emitted by the following premises, construction projects or facilities within noise control zones may not exceed noise control standards.
I. Factory plants or sites
II. Entertainment premises
III. Business premises
IV. Construction projects
V. Public address facilities
VI. Other premises, construction projects or facilities officially announced by the competent authority
The central competent authority shall determine noise control sound levels and testing standards in each subparagraph of the foregoing paragraph.
Article 10
Within designated control zones, for construction projects and other uses of public or private premises that have been officially announced and designated by the central competent authority as facilities prone to generate noise, the direct contractor of the construction project, or facility owner or operator of other public or private premises shall apply to the special municipality, county or city competent authority for a permit before installation or operation may begin, and shall engage in installation or operation in accordance with permit content.
The central competent authority shall determine the types and scopes of the construction projects and other public or private premises, the types of permit that must be applied for, and types of facilities prone to generate noise in the foregoing paragraph.
The central competent authority shall determine regulations governing permit application and review procedures in Paragraph 1, items to be recorded on application forms and permits, permit issuance (replacement and re-issue), change, cancellation, revocation, and other binding matters.
Article 11
Sounds generated by motor vehicles and civil aircraft may not exceed motor vehicle and civil aircraft noise control standards. The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine relevant standards.
Motor vehicles for domestic use shall meet the noise control standards in the foregoing paragraph before they may be imported, manufactured or used.
The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine regulations governing noise control items, procedures, and restrictions for in-use motor vehicles and civil aircraft, the qualifications of testing personnel, and other binding matters.
Article 12
Domestically manufactured and sold motor vehicles shall obtain vehicle model noise inspection compliance certificates issued by the central competent authority before they may apply for license plates. Passenger vehicles with gross weight in excess of 3,500 kg and imported motor vehicles shall obtain vehicle model exhaust testing compliance certificates issued by the central competent authority, and receive the central competent authority's certification and authorization, before applications may be submitted for license plates.
The central competent authority may perform random noise testing after motor vehicles have passed vehicle model noise inspection in the foregoing paragraph.
The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine regulations governing vehicle model noise inspection compliance certificate issuance and revocation, random noise testing, and the handling of inspection in the foregoing two paragraphs.
The central competent authority shall determine regulations governing noise certification and authorization qualifications and conditions for passenger vehicles with gross weight in excess of 3,500 kg and imported motor vehicles in Paragraph 1, materials to be attached, and other binding matters.
Article 13
Citizens may report noise impairing public tranquility from in-use motor vehicles to the competent authority; those vehicles which have been reported and notified by the competent authority shall undergo testing at a designated location by a designated deadline. The central competent authority shall determine reporting regulations.
Article 14
With regard to the sound emitted by the motion of vehicles in land transportation systems including expressways, freeways, railways, and mass rapid transit systems, after the special municipality, county or city competent authority has measured the sound level in the section in question and found that it exceeds the land transportation system noise control standard, the operating or management agency (organization) shall determine a noise improvement plan for that section within 180 days of notification by the special municipality, county or city competent authority, and may determine a subsidy plan when improvement cannot be made. The plan shall be submitted to approval to the special municipality, county or city competent authority, and shall guide implementation. Only one time subsidy plan to improve noise control facilities may be implemented.
The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine land transportation system noise control sound levels and testing standards in the foregoing paragraph.
Article 15
With regard to aircraft noise and other transportation from civil/military airports under the jurisdiction of civil airports and civil control towers, after the special municipality, county or city competent authority has performed monitoring and found that noise exceeds environmental sound level standards, the operating or management agency (organization) shall determine a noise improvement plan for that area or road section within 180 days of notification by the special municipality, county or city competent authority, and may determine an subsidy plan when improvement cannot be made. The plan shall be submitted to approval to the special municipality, county or city competent authority, and shall guide implementation. The subsidy plan to improve noise control facilities may be implemented in phases and stages if necessary.
With regard to aircraft noise from civil/military airports under the jurisdiction of military control towers, the military aviation competent authority in consultation with the civil aviation operating or management agency (organization) and special municipality, county or city competent authority shall determine aircraft noise improvement plans based on the level of impact of the aircraft noise on each class of aircraft noise control zone. The military aviation competent authority and civil aviation operating or management agency (organization) shall adopt appropriate control or compensation measures.
The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine the environmental sound level values and testing standards in Paragraph 1.
Article 16
Airfields controlled by the central competent authority shall install automatic monitoring equipment for the continuous monitoring of aviation noise conditions in the environs of that airport.
Records of monitoring results for the foregoing paragraph shall be maintained and reported to the local competent authority in accordance with regulations.
The central competent authority shall determine aircraft noise control measures for airport environs, control zone delineation principles, aircraft noise day-night sound level measurement conditions, data reporting, procedures, and other binding matters in Paragraph 1.
Article 17
The military aviation competent authority in consultation with the special municipality, county or city competent authority shall develop aircraft noise improvement plans and adopt appropriate control or compensation measures based on the level of impact on each class of aircraft noise control zone of aircraft noise from airfields used exclusively for the take-off and landing of military aircraft.
The Ministry of National Defense shall determine the regulations governing control, allocation of compensation, use, recompense pattern object and other binding matters of the control and compensation measures that the military aviation competent authority adopts pursuant to Article 15 paragraph 2 and the foregoing paragraph.
Article 18
Special municipality, county and city governments shall, in accordance with the following principles, carry out review and planning of existing land use and development plans within each class of aircraft noise control zone:
I. Class 1 aircraft noise control zones: existing land use and development plans shall be evaluated.
II. Class 2 aircraft noise control zones: new schools, libraries and medical institutions may not be constructed.
III. Class 3 aircraft noise control zones: new schools, libraries and medical institutions may not be constructed; and Class 3 zones may not be delineated as residential zones.
Those schools, libraries and medical institutions in the foregoing paragraph for which soundproof building materials, after the completion of construction, are capable of making the indoor aircraft noise day-night average sound level lower than fifty-five decibels and that receive the permission the local competent authority shall not be subject to the restrictions of the regulations prohibiting new construction in the foregoing paragraph and may not apply to industry competent authorities for subsidies.
Article 19
Competent authorities at all levels may dispatch personnel presenting verification documents verifying their implementation of duties or other distinguishing markings to enter public or private premises from which noise has been emitted or for which there is evidence sufficient to determine there is concern of noise being emitted to inspect and appraise noise conditions.
No one may, for any reason, evade, obstruct or refuse the inspections and appraisals in the foregoing paragraph.
The regulations in the two foregoing paragraphs shall apply, where appropriate, when the competent authority inspects motor vehicle or civil aircraft noise conditions.
Article 20
Environmental analysis and testing organizations shall obtain permits issued by the central competent authority before they may perform inspection and testing prescribed in this Act.
The central competent authority shall determine regulations governing the required conditions and facilities, the qualifications of testing personnel, permit application, review, issuance, replacement, revocation, and cancellation procedures, suspension and resumption of business, checking and evaluation procedures for permits, and other binding matters for the environmental analysis and testing organizations in the foregoing paragraph.
The central competent authority shall officially announce noise inspection and testing methods and quality control matters.
Article 21
The police authorities shall promptly notify the special municipality, county or city competent authority to handle the situation when they obtain knowledge of any violations of Article 9, Paragraph 1 during the course of investigations conducted as prescribed in Article 6.
Article 22
The industry competent authority shall bear responsibility for providing assistance during the improvement of all types of noise sources.