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Chapter Law Content

Title: Marine Pollution Control Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 5 The Prevention of Pollution from the Disposal of Waste at Sea
Article 23
Those who engage in marine dumping may engage in such activities only after receiving permission from the central competent authority.
The central competent authority in consultation with the industry competent authority shall determine regulations for applications, conditions, review procedures, cancellation, the performance of marine dumping work procedures, changes in permission and other binding matters for the permission in the foregoing paragraph.
Article 24
The central competent authority shall announce categories A, B and C for the dumping of substances in the sea based on the impact on the marine environment.
Category A substances may not be dumped in the sea. The time period and quantity for dumping and the working procedures of Category B substances shall be permitted by the central competent authority. Category C substances may be dumped only during the time period and within the total quantity limits permitted by the central competent authority.
Article 25
Marine dumping shall be performed in zones designated by the central competent authority.
The central competent authority shall delineate and officially announce the marine dumping zones in the foregoing paragraph based on marine environment categories, marine environment quality standards and marine water quality conditions.
The managers of ships, aircraft or marine facilities that engage in marine dumping shall maintain marine dumping records and regularly report these records to the central competent authority and accept checking. The inspected person shall not evade, hinder or refuse the inspection.
Article 26
Those who cause serious marine pollution or the concern of serious pollution due to engagement in marine dumping shall promptly adopt measures to prevent, eliminate or mitigate pollution and shall promptly notify the competent authorities and industry competent authorities.
The competent authority may order the marine polluter in the foregoing paragraph to adopt necessary response measures, and when necessary, the competent authority may directly adopt response measures and performing clean-up and disposal work. The marine polluter at issue shall bear responsibility for all expenses generated by response measures, clean-up and disposal.
Article 27
Where appropriate, with regard to the dumping of ships, aircraft, marine facilities and other manmade structures in the sea, the provisions of Articles 23 to 26 shall apply.
With regard to the needs of the fishing industry, an application for permission from the central fishery competent authority is required before the construction of artificial fishing reefs or other fishery facilities. The central competent authority in conjunction with the central fishery competent authorities and central shipping administration authority shall determine regulations for the applications, conditions, review procedures, cancellation of construction, inspection of facilities, management, pollution control, and other binding matters for the permission.
Article 28
Marine incineration at sea shall not be carried out except in cases of emergency posing a serious threat to human health, personal safety or the marine environment and with the consent of the central competent authority.