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Chapter Law Content

Title: Noise Control Act CH
Category: Ministry of Environment(環境部)
Chapter 3 Penal Provisions
Article 23
Those that violate Article 8 shall be fined NT$3,000 to NT$30,000 and shall be ordered to promptly make improvements; those that fail to comply shall be fined per violation.
Article 24
Those that violate Article 9, Paragraph 1 and are notified to make improvements within a limited time period, and that have still failed to comply with noise control standards, shall, in accordance with the following regulations, be subject to daily fines or consecutive fines per occurrence, or ordered to suspend work, suspend business, or suspend use until the time when they are in compliance with noise control standards. When necessary, the permit of a facility required to obtain a permit pursuant to Article 10, Paragraph 1 may be cancelled:
I. Factory plants or sites shall be fined NT$6,000 to NT$60,000.
II. Entertainment and business premises shall be fined NT$3,000 to NT$30,000.
III. Construction projects shall be fined NT$18,000 to NT$180,000.
IV. Public address facilities shall be fined NT$3,000 to NT$30,000.
V. Other officially announced premises, construction projects, and facilities shall be fined NT$3,000 to NT$30,000.
Deadlines for the making of improvements within a limited time period in the foregoing paragraph are as follows:
I. Deadlines for factory plants and sites may not exceed 90 days.
II. Deadlines for entertainment and business premises may not exceed 30 days.
III. Deadlines for construction projects may not exceed 4 days.
IV. Deadlines for public address facilities may not exceed 10 minutes.
V. Deadlines for other premises, construction projects, and facilities officially announced pursuant to Article 9, Paragraph 1, Subparagraph 6 of this Act shall be officially announced by the competent authority, and may not be longer than 90 days.
For those circumstances in which a premises, construction project, or facility of a juridical person or non-juridical person is in violation of one of the subparagraphs of the first paragraph, in addition to punishment of the natural person actually responsible, said juridical person or the statutory responsible person of said non-juridical person shall also be fined pursuant to each subparagraph violated.
Article 25
Those that fail to obtain a permit pursuant to Article 10 Paragraph 1 shall be punished in accordance with the following regulations and required to obtain a permit within a prescribed period of time, and be ordered to immediately suspend work, suspend business, or suspend use. Those that fail to engage in installation or operation in accordance with permit content shall, in accordance with the following regulations, be punished in accordance with the following regulations and notified to make improvements within a limited time period; those that have still failed to complete improvements by the deadline may be fined per violation, or ordered to suspend work, suspend business, or suspend use; when necessary, their permits may be cancelled:
I. The direct contractors of construction projects shall be fined NT$18,000 to NT$180,000.
II. The owners or operators of public or private premises facilities shall be fined NT$4,500 to NT$45,000.
Article 26
For those circumstances in which standards determined pursuant to Article 11, Paragraph 1 are violated, with the exception of civilian aircraft being punished pursuant to the relevant regulations of the Civil Aviation Act, the owner or user of the motor vehicle shall be fined NT$1,800 to NT$3,600, and notified to make improvements within a prescribed period of time; those that have still failed to complete improvements by the deadline shall be fined per violation.
Article 27
Those that violate management regulations prescribed in Article 12, Paragraph 3 governing the issuance and renewal of vehicle model noise inspection compliance certificates and random noise testing shall be fined NT$10,000 to NT$100,000 and notified to make corrections or improvements within a prescribed period of time; those that have still failed to make corrections or complete improvements by the deadline shall be fined per violation and, when necessary, their compliance certificates may be cancelled.
Article 28
When testing is not obtained pursuant to Article 13, or when testing results fail to comply with control standards, the owner or user of the motor vehicle shall be fined NT$1,800 to NT$3,600, and notified to make improvements within a prescribed period of time; those that have still failed to complete improvements by the deadline shall be fined per violation.
Article 29
Those that violate Article 14, Paragraph 1 or Article 15, Paragraph 1 by failing to submit a noise improvement or subsidy plan, or by failing to implement their noise improvement or subsidy plan, shall be notified to submit a plan or perform improvement or subsidy work within a prescribed period of time; in the case of those that have still failed to submit or implement their improvement or subsidy plans by the deadline, the special municipality, county or city competent authority shall notify the central competent authority to fine the operating or management agency (organization) NT$100,000 to NT$500,000.
Article 30
For those circumstances in which Article 16, Paragraph 1 is violated by failing to install automatic monitoring equipment, the airfield shall be fined NT$150,000 to NT$300,000, and notified to install said equipment within a prescribed period of time; those that have still failed to complete installation by the deadline shall be fined per violation.
Those that violate Article 16, Paragraph 2, or the regulations of Paragraph 3 of the same article concerning aircraft noise control in the environs of an airport, aircraft noise testing, or report management are violated, shall be fined NT$20,000 to NT$100,000, and shall be notified to report or take corrective action within a prescribed period of time; those that have still failed to comply by the deadline shall be fined per violation.
Article 31
For those circumstances in which there is a violation of Article 19, Paragraph 2 or Paragraph 3 due to the evasion, obstruction or refusal of inspections or appraisals, the person that evades, obstructs or refuses shall be fined NT$3,000 to NT$30,000 and be subject to the compulsory enforcement of inspection or appraisal.
Article 32
Those environmental analysis organizations that violate Article 20, Paragraph 1 shall be fined NT$20,000 to NT$200,000, and notified to make improvement or take corrective action within a prescribed period of time; those that have still failed to complete improvements or corrective action by the deadline shall be fined per violation.
Those environmental analysis organizations that have obtained permits and that violate management regulations governing analysis and testing organization permits, testing personnel qualifications and restrictions, or implementation of inspection and testing shall be fined NT$20,000 to NT$200,000, and notified to make improvement or take corrective action within a prescribed period of time; those that have still failed to complete improvements or corrective action by the deadline shall be issued consecutive daily fines; in severe circumstances, an order may be issued for the suspension of business and, when necessary, the organization's permit may be cancelled.