Goto Main Content
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Chapter Law Content

Chapter 1 General Principles
Article 1
These Rules are determined pursuant to Article 31 of the Environmental Impact Assessment Act (herein referred to as this Act).
Article 2
The authorized agency in Article 3, Paragraph 4 and Paragraph 5 of this Act shall be the central competent authority.
Article 3
The authority of the central competent authority as designated in this Act is as follows.
I. Matters related to the formulation of national environmental impact assessment policies and plans
II. Matters related to the determination, approval and interpretation of national environmental impact assessment laws and regulations
III. Matters related to the review of environmental impact statements, environmental impact assessment reports (hereinafter referred to as the “assessment reports”), environmental impact survey reports and other environmental impact assessment documents listed under the division of Article 12, Paragraph 1; Consultancy of environmental impact assessment of government policy.
IV. Matters related to the supervision of environmental impact statements, assessment reports and review conclusions or environmental impact survey reports and the implementation of response strategies, for all development activities which were approved by central competent authority or whose jurisdiction was transferred from municipality or competent authority of county (city) to central competent authority.
V. Matters related to the collection, establishment and exchange of national environmental impact assessment information
VI. Matters related to national environmental impact assessment research and development
VII. Matters related to the training and management of national environmental impact assessment professional personnel
VIII. Matters related to national environmental impact assessment public awareness work
IX. Matters related to the supervision and facilitation of special municipality, county and city environmental impact assessment work
X. Matters related to environmental impact assessment international cooperation work
XI. Other matters related to national environmental impact assessment work
Article 4
The authority of special municipality competent authorities as designated in this Act is as follows.
I. Matters related to the planning and implementation of special municipality environmental impact assessment work
II. Matters related to the determination, approval and interpretation of special municipality environmental impact assessment laws and regulations
III. Matters related to the review of environmental impact statements, assessment reports, environmental impact survey reports, and other environmental impact assessment documents listed under the division of Article 12, Paragraph 1.
IV. Matters related to the supervision of environmental impact statements, assessment reports and review conclusions or environmental impact survey reports and the implementation of response strategies, for all development activities which were approved by competent authority of municipality or whose jurisdiction was transferred from central competent authority to competent authority of municipality.
V. Matters related to the collection, establishment and exchange of special municipality environmental impact assessment information
VI. Matters related to special municipality environmental impact assessment research and development
VII. Matters related to the training and management of special municipality environmental impact assessment professional personnel
VIII.Matters related to special municipality environmental impact assessment public awareness work
IX. Matters related to the supervision and facilitation of special municipality environmental impact assessment work
X. Other matters related to special municipality environmental impact assessment work
Article 5
The authority of county and city competent authorities as designated in this Act is as follows.
I. Matters related to the planning and implementation of county and city environmental impact assessment work
II. Matters related to the determination, approval and interpretation of county and city environmental impact assessment regulations
III. Matters related to the review of environmental impact statements, assessment reports and environmental impact survey reports and other environmental impact assessment documents listed under the division of Article 12, Paragraph 1.
IV. Matters related to the supervision of environmental impact statements, assessment reports and review conclusions or environmental impact survey reports and the implementation of response strategies, for all development activities which were approved by the competent authority of county (city) or whose jurisdiction was transferred from central competent authority to competent authority of county (city).
V. Matters related to the collection, establishment and exchange of county and city environmental impact assessment information
VI. Matters related to county and city environmental impact assessment research and development
VII. Matters related to county and city environmental impact assessment public awareness work
VIII. Other matters related to county and city environmental impact assessment work
Article 5-1
The Article Association of Environmental Impact Assessment and Review Committee (hereinafter referred to as the Committee) which was made by the competent authorities of all levels by Article 3 shall include avoidance requirement in this Act and follow principle of avoiding members’ interest as well as relevant regulations in Administrative Procedure Act.
The developers referred to in Article 3, Paragraph 2 are municipality, county (city) government or sponsor of municipality or county (city) government for Act for Promotion of Private Participation in Infrastructure Projects. When municipality or county (city) government handles assessment and review of environmental impact, all committees of municipality or county (city) government shall avoid attending the meeting and voting. The chairman of the committee shall be elected by present committee members.
The calculation of the number of present members shall deduct the number of members to be avoided as the benchmark of total number of numbers.
Article 6
The adverse impact in Article 5 of this Act means one of the following circumstances occurring during development activities:
I. The creation of such public nuisances as water pollution, air pollution, soil pollution, noise, vibration, noxious odor, waste, toxic substance pollution, land subsidence or radioactive pollution.
II. The endangerment of the reasonable use of natural resources
III. Damage to the natural scenery or ecological environment.
IV. Damage to the social, cultural or economic environment.
V. Other circumstances officially announced by the central competent authority