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Chapter 4 Supplementary Provisions
Article 41
Prior to approval of a mediation accord, an Agreement, or an arbitration decision by a court of law, the parties may, based on the mediation accord, the Agreement or the arbitration decision, apply to the court of law for provisional seizure or provisional disposition to secure compulsory enforcement or to avoid increased damages.
When making the application prescribed in the foregoing paragraph, the parties may submit a mediation accord, an Agreement, or an arbitration decision as a substitute for cause for provisional seizure or provisional disposition. For those who use an arbitration decision as substitute for cause for provisional seizure or provisional disposition, no pledge is required.
Where appropriate, the provisions of the Civil Procedures Act concerning provisional seizure and provisional disposition, not including Article 529 thereof, shall apply to the situations referred to in the foregoing two Paragraphs.
Should the court of law disapprove a mediation accord, an Agreement, or an arbitration decision, the parties may apply to have the decree of provisional seizure or decree of provisional disposition revoked. The procedure referred to in the foregoing paragraph shall apply when a party brings a civil lawsuit in a court of law or when a party does not revoke a lawsuit.
Article 42
A public nuisance dispute with regard to which investigatory hearings in a court of the first instance are concluded may not be subject to mediation or arbitration.
When parties to a public nuisance dispute have filed the dispute in a court of the first instance and also have applied for mediation or arbitration of the dispute pursuant to this Act, that court may, before mediation or arbitration succeeds, suspend the litigation proceeding. When the mediation or arbitration is approved by a court of law, the action filed shall be deemed withdrawn.
When the parties have filed a public nuisance dispute for mediation pursuant to the Act on Mediation at Villages, Towns, County and City Governments and also have applied for mediation or arbitration of the dispute pursuant to this Act, the foregoing paragraph shall apply.
Article 43
For mediation and arbitration applied for pursuant to this Act, mediation fees, arbitration fees, appraisal fees and evidence investigation fees may be collected.
The fee collection regulations in the foregoing paragraph shall be drafted by the Environmental Protection Administration, Executive Yuan, and submitted to the Executive Yuan for approval before announcement.
Article 44
The Executive Yuan shall set up the Emergency Public Nuisance Dispute Management Team to handle emergency public nuisance disputes and to safeguard public interests and civic safety. The Team shall designate a convener, who shall be the Vice Premier of the Executive Yuan.
Each special municipality, county and city government shall set up an Emergency Public Nuisance Dispute Management Team to actively handle sudden and urgent public nuisance disputes. Each Team shall designate a convener, who shall be the special municipality mayor or an appropriate person designated by the special municipality mayor, the county commissioner or the city mayor, respectively.
Article 45
The organizational rules of the Emergency Public Nuisance Dispute Management, Executive Yuan, shall be promulgated by the Executive Yuan.
The organization of the Emergency Public Nuisance Dispute Management Teams of the special municipality, county(city) governments shall be promulgated by the relevant special municipality, county (city) governments.
Article 46
The Environmental Protection Administration may set up a Public Nuisance Dispute Mediation, Supervision and Guidance Task Force, the members of which shall consist of designated representatives from the Ministry of the Interior, Ministry of Legal Affairs, Ministry of Economic Affairs, Ministry of Transportation and Communications, Government Information Office of the Executive Yuan, Department of Health of the Executive Yuan, Agriculture Commission of the Executive Yuan, Council of Labor Affairs of the Executive Yuan, as well as the Environmental Protection Administration. The duties of the Task Force are as follows:
I. The coordination of relevant agencies to study methods and strategies for settling public nuisance disputes.
II. The provision of necessary assistance to special municipality, county (city) governments in settling public nuisance disputes.
The Task Force referred to in the foregoing paragraph shall designate a convener, who shall be the director of the Environmental Protection Administration.
Article 47
The organizational rules of the Environmental Protection Administration Task Force for Settling Public Nuisance Disputes shall be drafted by the Environmental Protection Administration, executive Yuan, and submitted to the Executive Yuan for approval prior to promulgation.
Article 48
The Environmental Protection Administration, Executive Yuan, and special municipality, county(city) governments shall install dedicated personnel to perform the following functions.
I. handle public nuisance petitions
II. conduct necessary investigations and provide guidance and recommendations for handling public nuisance petitions
III. provide guidance to petitioners regarding the procedures for applying for mediation or arbitration pursuant to the provisions of this Act
Rural township, urban township, city and district public offices may, when necessary, install dedicated personnel to perform the functions in the foregoing paragraph.
Article 49
The regulations of the Civil Procedures Act shall apply to the delivery of documents pursuant to this Act.
Article 50
The Enforcement Rules for this Act shall be drafted by the Environmental Protection Administration and submitted to the Executive Yuan for approval before promulgation.
Article 51
The articles of this Act revised on June 2, 2009 shall take effect on November 23, 2009.