Chapter 1 General Provisions

Article 1
This Act is enacted for the purposes of soil and water
conservation treatment and maintenance, conserving soil and
water resources, reducing the possibility of disasters,
promoting the reasonable land use, and enhancing people’s
welfare.
Soil and water conservation is governed by this Act. Issues not
addressed by this Act will be governed by other acts.


Article 2
For purposes of this Act, the term " competent authority"
denotes the Council of Agriculture, Executive Yuan at the
central level, special municipality at the municipal level, and
county/city government at the county/city level.


Article 3
For purposes of this Act, the following special terms or phrases
are defined as below:
1.Soil and water conservation treatment and maintenance: the
application of engineering, agronomic or vegetative measures
to protect soil and water resources, maintain natural ecology
and landscape, and prevent erosion, landslide, debris flow,
and other disasters.
2.Soil and water conservation plan: a plan on soil and water
conservation treatment and maintenance.
3.Slopeland: state-owned forestry area, forest land for
experimentation, protection forest land and public and private
land conforming to either of the following which the central
the central level or municipality competent authority
identifies in accordance with the natural terrain,
requirements of the administrative regions, and requirement
for conservation and utilization, and which are approved and
publicly announced by the Executive Yuan upon application of
the central or municipal competent authority:
(1)With an elevation of 100 meter or above; or
(2)With an elevation below 100 meter but average slope 5% or
more.
4.Watershed: area above a given point of stream and river where
the natural flow of water converges.
5.Designated soil and water conservation area: area designated
by the central or municipality competent authority where soil
and water conservation treatment and maintenance must be
strengthened.
6.Reservoir watershed: area within the watershed of a reservoir
or dam (including the outlet of an off-channel reservoir).
7.Protection belt: land not suitable for farming within a
designated soil and water conservation area which shall be
afforested with legally prescribed tree species or in which
natural forest growth or vegetation cover shall be maintained.
8.Protection forest: as defined in the Forest Act.


Article 4
Where soil and water conservation must be treated and maintained
pursuant to this Act with respect to the operation or use of
public or private land, the land operator, user or owner are the
soil and water conservation obligors under this Act.


Article 5
The central or municipality competent authority, where
necessary, may designate the authority responsible for specific
business, a public business institution, or public entity to
supervise and manage soil and water conservation treatment and
maintenance in connection with the construction of a reservoir,
development of communities, or other major engineering projects.


Article 6
Where the soil and water conservation treatment and maintenance
is of a certain scale or above as designated by the central
competent authority, the project shall be planned, designed and
supervised by soil and water conservation technicians, civil
engineering technicians, Hydraulic engineering technicians, land
engineering technicians, and other relevant professional
engineers legally registered and practicing, or by the relevant
technical consulting institutions employing the above
professional engineers. Where the project is to be implemented
by the government authority at any level, a public business
institution, or a public entity on its own, such planning,
design and supervision may be undertaken by persons in the above
authority, institution or entity who have obtained by act the
technician's license in a comparable category.


Article 6-1
If the project sum of any investigation, planning, design or
supervision of soil and water conservation treatment and
maintenance as undertaken by a soil and water conservation
technician, civil engineering technician, water conservancy
engineering technician, land engineering technician, or
technical consulting institution employing any of the above
professional engineers, which involves agricultural or
vegetation methods or measures, accounts for 30% or more of the
entire project, the competent authority shall request that the
technician in charge be certified by a soil and water
conservation technician possessing the particular expertise.


Article 7
The central competent authority shall strengthen the promotion,
education, counseling and experimental research of soil and
water conservation, and devise plans in conjunction with the
relevant authorities for implementation.


Chapter 2 General Soil and Water Conservation Treatment and Maintenance

Article 8
The treatment, management and usage of the following areas
shall, after investigation and planning, be subject to the soil
and water conservation treatment and maintenance in accordance
with the Soil and Water Conservation Technical Specifications:
1.Watershed treatment.
2.Development and use of farmland, forest land, fishing land and
meadowland.
3.Prospecting of mineral deposits, mining, well digging,
quarrying, or establishment of relevant ancillary facilities.
4.Repair and building of railroads, highways, other roads or
ditches etc.
5.Development of land for construction, or establishment of
parks, graves, pleasure grounds, sports grounds or military
training grounds, or piling of sand and gravel, treatment of
waste, or other excavation and soil preparation, on slopeland
or within a forest zone.
6.Averting of erosion or landslide of coasts, the riparian zones
of lakes and reservoirs, or banks of waterways.
7.Checking of winds, control of sand, and averting of disasters
in deserts, sand beaches, sand dunes or windy regions.
8.Administration of protection areas under urban planning.
9.Other soil and water conservation treatment and maintenance as
required to maintain soil and water resources and the quality
thereof or to control disasters due to the development and use
of land.
The technical regulations for soil and water conservation
mentioned in the preceding paragraph will be announced by the
central competent authority.


Article 9
River watershed shall be subject to the overall administration
and planning of the competent authority in conjunction with the
relevant authorities. Mid- term and long-term administration
planning must be devised based on the requirement for the
conservation of soil and water resources and the reasonable use
of land, submitted to the central competent authority for
approval, and implemented by each relevant authority,
institution or soil and water conservation obligor by stages and
by regions.
Watershed mentioned in the preceding paragraph will be
designated by the central competent authority in conjunction
with the relevant authorities.


Article 10
The soil and water conservation of slopeland that is suitable
for farming or herding purpose shall, when such land is used for
said purpose, be treated and maintained by the soil and water
conservation obligor in line with the watershed administration
plan or farming and herding area development plan.


Article 11
The soil and water conservation of national or public forest
zones shall be planned, treated and maintained by the forest
operation and management authority. The soil and water
conservation of private forest zones shall be treated and
maintained by soil and water conservation obligor under the
guidance of the local forestry competent authority.


Article 12
A soil and water conservation obligor engaging in the following
acts on slopeland or in a forest zone shall draft a soil and
ater conservation plan and submit the same to the competent
authority for approval. If by act an environmental impact
assessment is necessary, the soil and water conservation obligor shall further submit the result of environmental impact assessment for approval.
1.Repair or building of farm roads, or slope preparation, as required for the development and use of farmland, forest land, fishing land, and meadowland.
2.Prospecting of mineral deposits, mining, well digging, quarrying, or establishment of relevant ancillary facilities.
3.Repair and building of railroads, highways, other roads or ditches etc.
4.Development of land for construction, or establishment of parks, graves, pleasure grounds, sports grounds or military training grounds, or piling of sand and gravel, treatment of waste, or other excavation and soil preparation.

No authority responsible for specific business shall directly issue a development or use permit until the soil and water conservation plan mentioned in the preceding paragraph is approved by the competent authority.

Where pursuant to the applicable acts and regulations governing regional planning an application for engaging in any of the acts described in the subparagraphs of the first paragraph is subject to the review of the authority formulating the regional planning, a soil and water conservation proposal must first be drafted and then submitted through the authority responsible for specific business to the competent authority on the same level of said authority formulating the regional planning, for review and approval. The soil and water conservation proposal may be reviewed along with the environmental impact assessment in a parallel manner.

A simplified soil and water conservation statement may be submitted in lieu of a soil and water conservation plan with respect to any of the acts described in the subparagraphs of the first paragraph if such act falls in a category designated by the central competent authority with a scale smaller than that specified by the competent responsible authority. The above category and scale will be determined by the central competent authority

Article 13
(Deleted)


Article 14
With respect to land within a national park that must be subject
to the soil and water conservation treatment and maintenance,
the relevant soil and water conservation obligor shall draft a
soil and water conservation plan and submit the same to the
competent authority for approval in conjunction with the
national park management authority. Such plan shall be
implemented and maintained by the soil and water conservation
obligor under the supervision of the competent authority in
conjunction with the national park management authority.


Article 14-1
The competent authority shall charge an examination fee for
reviewing and approving a soil and water conservation plan or
soil and water conservation proposal in accordance with Article
12. The rate will be determined by the central competent
authority.
Regulations governing the content, application procedure, review
and approval procedure, supervision, issue and abolition of soil
and water conservation work permit, approval of work schedule,
reporting of commencement of work, reporting of completion of
work, issue of certificate of completion, and modification etc.
with respect to a soil and water conservation plan, soil and
water conservation proposal or simplified soil and water
conservation statement, will be determined by central level
responsible authority.


Article 15
The soil and water conservation obligor of slopeland suitable
for farming or herding purpose, if not the landowner, shall
treat and maintain the soil and water conservation of the land
it uses, in accordance with the requirements of the competent
authority. If the Soil and Water Conservation Technical
Specifications are confirmed upon inspection to be conformed to, such obligor may advise the owner of the handling fee and government subsidy as well as the ratio paid by the obligor in writing. Such owner will accordingly pay compensation based on the current value ratio less the government subsidy upon the surrender of the land, unless the soil and water conservation treatment and maintenance fee is otherwise governed by act or by agreement between the owner and the soil and water conservation
obligor.
Any dispute over the handling fee and current value under the
preceding paragraph is subject to mediation by the municipal,
county or city competent authority.


Chapter 3 Special Soil and Water Conservation Treatment and Maintenance

Article 16
The following areas shall be delimited as designated soil and
conservation areas:
1.Reservoir watershed; and
2.River watershed that are subject to special protection; and
3.Coasts, the riparian zones of lakes and reservoirs, or banks
of waterways that are subject to special protection; and
4.Sand dunes, sand beaches etc. that are under serious wind
erosion; and
5.Steep slopeland that is likely to jeopardize public safety;
and
6.Other areas with a grave impact on soil and water
conservation.
The designated soil and conservation area under the preceding
paragraph shall be established by the central or special
municipality competent authority or managed by the designated
management authority.


Article 17
Designated soil and conservation areas will be delimited and
publicly announced by the central competent authority if located
in a country/city administrative region or in an administrative
region straddling across two or more special municipalities and
counties/cities; if located in a special municipal
administrative region, such areas will be delimited by the
special municipality competent authority and, upon the request
of the special municipality competent authority, publicly
announced by the central competent authority.
The guidelines for delimiting and abolishing the designated soil
and conservation areas under the preceding paragraph will be
determined by the central competent authority.


Article 18
The management authority shall draft a long-term soil and water
conservation plan with respect to a designated soil and water
conservation area, and submit the same to the central competent
authority directly or through the special municipality competent
authority, for approval and implementation.
The long-term soil and water conservation plan under the
preceding paragraph shall be subject to thorough review once
every five years and may be modified subject to practical need.
Where specially necessary, an application may be made at any
time to the central competent authority directly or through the
special municipality competent authority for approval of
modification.


Article 19
The long-term soil and water conservation plan with respect to
any type of area delimited as a designated soil and water
conservation area shall focus on the following:
1.Reservoir watershed: conservation of water resources; control
of erosion, landslide, debris flow; purification of water
quality; maintenance of the natural ecological environment.
2.Watershed: protection of soil and water resources; control of
erosion and landslide; prevention of flooding; maintenance of
the natural ecological environment.
3.Coasts, the riparian zones of lakes and reservoirs, or banks
of waterways: prevention of landslide and erosion; maintenance
of the natural ecological environment; protection of
neighboring land.
4.Sand dunes, sand beaches: wind break and sand fixation.
5.Other areas: as specified by the competent authority subject
to practical need.
No development activities are allowed in any type of area
delimited as a designated soil and water conservation area,
except, subject to the approval of the central competent
authority, major infrastructure associated with water sources
that involves neither a change in terrain features of a specific
scale or above nor a natural recreation area approved after
environmental impact assessment review.
The change in terrain features of a specific scale or above, as
mentioned in the preceding paragraph, will be identified by the
central competent authority in conjunction with the relevant
authorities.


Article 20
With respect to the reservoir watershed that is delimited as a
designated soil and water conservation area, the management
authority shall establish a protection belt from the top of the
water line of the reservoir to 30m or 50m from the water level.
The protection belts of other designated soil and water
conservation areas will be established subject to the approval
of the central competent authority upon the request of the
management authority based on practical need.
Any private land and public land within a protection belt as
mentioned in the preceding paragraph may be subject to
condemnation and appropriation respectively; in the event of
land already leased, the lease shall be terminated and the land
re-claimed.
The area above the protection belt of the reservoir watershed,
as mentioned in the first paragraph, being a forest shall be
designated as protection forest and governed by the applicable
provisions of the Forest Act.


Article 21
The management authority may restrict or ban the gainful use of
land within a protection belt mentioned in the preceding Article
that has not been condemned or re-claimed, or may designate the
method of operation and protection of such land.
The protection belt mentioned in the preceding paragraph being a
forest shall be designated as protection forest and governed by
the applicable provisions of the Forest Act.
The private landowner or the holder of any ground objects under
the first paragraph may claim compensation for any loss
suffered. The compensation shall be based on a fair, reasonable
price.
Regulations for the claim and payment of compensation under the
third paragraph will be determined by the central competent
authority and submitted to the Legislative Yuan for approval and
the files.


Chapter 4 Supervision and Management
Article 22
If slopeland utilization exceeding prescribed limits or if land
is not used pursuant to Article 10 or soil and water
conservation is not treated and maintained in accordance with
the Soil and Water Conservation Technical Specifications when
farming, forestry, fishing, or herding activities are being
conducted, the special municipality or county/city competent
authority will request, in conjunction with the relevant
authorities, the soil and water conservation obligor to cure
within a prescribed time limit. Where no cure is made within the
time limit prescribed or where soil and water conservation
treatment and maintenance does not conform to the Soil and Water
Conservation Technical Specifications, the relevant authorities
may be requested to take any of the following actions:
1.Where the land for lease or sale or in which farming right has
been registered is public land, the lease, sale or farming
right will be terminated or revoked and the land will be re-
claimed and dealt with separately; in the event of land for
sale, the land price already paid will be confiscated;
2.Where the land borrowed or appropriated is public land, it
will be re-claimed by the original owner or management
authority; and
3.Where the land is private land, the development thereof will
be ceased.
Any ground objects under any of the preceding subparagraphs will
be harvested or handled by the operator, user or owner within
the prescribed time limit, otherwise, the egulatory authority
may directly clear such objects in conjunction with the land
management authority; The Forest Act shall further apply in the
event of national or public forest land for lease.


Article 23
Where soil and water conservation is not treated and maintained
in accordance with the soil and water conservation plan approved
pursuant to any of Articles 12 to 14, the competent authority
will, in addition to imposing punishment successively pursuant
to Article 33, request in conjunction with the authority
responsible for specific business, the soil and water
conservation obligor to cure within a prescribed time limit.
Where no cure is made within the time limit prescribed or where
soil and water conservation treatment and maintenance still does
not conform to the Soil and Water Conservation Technical
Specifications, the soil and water conservation obligor shall be
ordered to suspend work, compulsory demolition will be imposed,
or the relevant permit will be revoked, and use of completed
portions may further be suspended.
Where development is carried out without first drafting a soil
and water conservation plan and submitting the same to the
competent authority for approval in accordance with any of
Articles 12 to 14, the competent authority shall, in addition to
imposing punishment successively pursuant to Article 33, order
work suspension and may confiscate the facilities and machinery
and tools used, impose compulsory demolition and clear the work
objects, at the expense of the operator, user or owner;
applications for development of the particular land will also be
suspended for two years from the date of the initial punishment.
Maintenance of roads or facilities already completed will be
governed by the preceding two paragraphs mutatis mutandis.


Article 24
The development, operation or use under subparagraphs 3 to 5 of
the first paragraph of Article 8 is subject to the payment of a
soil and water conservation bond. Regulations for the payment,
custody and utilization of such bond will be determined by the
central competent authority in conjunction with the authority
responsible for specific business.
The bond under the preceding paragraph will be returned if soil
and water conservation has been treated and maintained as
required and such treatment and maintenance has been confirmed
upon inspection to conform to the Soil and Water Conservation
Technical Specifications.
If under the circumstance mentioned in either of the preceding
two Articles no cure is made within the time limit prescribed or
the soil and water conservation treatment and maintenance does
not conform to the Soil and Water Conservation Technical
Specifications, the competent authority shall perform in
conjunction with the authority responsible for specific business
and charge a fee from the soil and water conservation obligor or
deduct the fee from the bond paid by said obligor.


Article 25
The competent authority may, for the purposes of soil and water
conservation treatment and maintenance, appropriate the
necessary public land or condemn the necessary private land.
Where it is necessary to condemn land for emergency treatment,
the competent authority may, subject to the approval of the
Executive Yuan, first use the land.


Article 26
The competent authority may appropriate any materials, supplies,
labor and land required for emergency repair, and remove any
obstacles, for the purpose of soil and water conservation
treatment and maintenance on an emergency basis for the sake of
public safety.
The competent authority shall subsequently make considerable
compensation for the appropriation of materials, supplies, labor
and land and removal of obstacles under the preceding paragraph,
and may request the superior competent authority for
determination in the event of disagreement over the
compensation.


Article 27
The competent authority may exercise police powers in taking
emergency action and banning work in areas that are, by this
Act, subject to soil and water conservation treatment and
maintenance, and may further seek assistance from the military
and police in the local area where necessary.


Chapter 5 Budget and Funding

Article 28
The competent authority and relevant authority at any level
shall make annual budgeting and raise funds for the treatment
and maintenance, promotion, education, counseling, experimental
research, and other work relevant to soil and water
conservation.


Article 29
A project budget for the construction of reservoirs or the
building and repair of railroads, highways, other roads or
ditches, shall include a budget for the administration of
watershed or for the soil and water conservation treatment and
maintenance of roads.


Article 30
The government shall make an annual budget for improving soil
and water conservation treatment and maintenance, as follows:
1.Financing for soil and water conservation treatment and
maintenance;
2.Budgeting for emergency soil and water conservation treatment
and maintenance;
3.Subsidies for the investigation, research and technical
improvement of soil and water conservation;
4.Budgeting for the promotion of international exchange and
cooperation in soil and water conservation; and
5.Other items associated with soil and water conservation
treatment and maintenance.


Chapter 6 Penal Provisions

Article 31
The competent authority will provide appropriate subsidy or
relief under any of the following circumstances:
1.Where loss is suffered from soil and water conservation
treatment and maintenance for the sake of public safety;
2.Where loss is suffered from the exchange of land or relocation
due to soil and water conservation treatment and maintenance;
or
3.Where casualties result from emergency soil and water
conservation treatment and maintenance under Article 26.


Chapter 7 Penal Provisions

Article 32
Anyone cultivating, occupying, or developing, operating or using
as in subparagraphs 2 to 5 of the first paragraph of Article 8,
public or private slopeland, a national or public forest zone,
or others' private forest zone, without consent, as a result of
which soil and water is lost or facilities for soil and water
conservation treatment and maintenance are damaged or destroyed,
will be punished with imprisonment not less than six months and
not more than five years and may further be fined not more than
NT$600,000; provided, however, that the punishment may be
mitigated or even waived where the circumstances are obviously
pitiful.
Where the above circumstances result in a disaster, the
imprisonment will be increased by half. If death is caused to
another, the imprisonment will be not less than five and not
more than twelve years and a fine of not more than NT$1,000,000
may be additionally imposed. Where grave injury is sustained,
the imprisonment will be not less than three and ten years and
not more than a fine of not more than NT$800,000 may be
additionally imposed.
Anyone committing an offense under the first paragraph out of
negligence that results in a disaster will be imprisoned for not
more than one year and may be additionally fined not more than
NT$600,000.
An attempt to commit an offense specified in the first paragraph
is punishable.
The cultivated objects, work objects, work materials, and
machinery and tools used in the event of an offense under this
Article shall be confiscated, regardless of whether they belong
to the offender.


Article 33
Anyone violating either of the following will be fined not less
than NT$60,000 and not more than NT$300,000:
1.Violating the first paragraph of Article 8 by failing to treat
and maintain soil and water conservation in accordance with
the the Soil and Water Conservation Technical, or violating
the first paragraph of Article 22 by failing to cure within
the prescribed time limit or making cure that is inconsistent
with the Soil and Water Conservation Technical Specifications;
or
2.Violating any of Articles 12 to 14 by failing to first prepare
a soil and water conservation plan or to treat and maintain
soil and water conservation in accordance with the approved
plan, or violating Article 23 by failing to cure within the
prescribed time limit or making cure that is inconsistent with
the Soil and Water Conservation Technical Specifications.
Under either of the circumstances described in the preceding
paragraph, where no cure is made despite continuous requests
for cure within a prescribed time limit or where the cure made
is still inconsistent with the Soil and Water Conservation
Technical Specifications, punishment will be imposed
successively until cure is duly made, an order of work
suspension will be issued, the facilities and machinery and
tools used may be confiscated, and the work objects may be
subject to compulsory demolition and removal. The costs
required for the above will be borned by the operator, user or
owner.
Where soil and water is lost or facilities for soil and water
conservation treatment and maintenance are damaged or destroyed
under the circumstance described in subparagraph 2 of the first
paragraph above, the imprisonment will be not less than six
months and not more than five years and a fine of not more than
NT$600,000 may be additionally imposed. If death is caused to
another, the imprisonment will be not less than three and not
more than ten years and a fine of not more than NT$800,000 may
be additionally imposed. Where grave injury is sustained, the
imprisonment will be not less than one and seven years and not
more than a fine of not more than NT$600,000 may be additionally
imposed.


Article 34
If an offense under Article 32 or the third paragraph of Article
33 is committed in the course of the performance of business,
the perpetrator will be punished in accordance with the relevant
provision and, additionally, the legal entity or individual
hiring such perpetrator will be fined the fine prescribed in
each such Article.


Article 35
All fines mentioned in this Act are to be meted out by the
special municipality or county/city competent authority.


Article 36
Where any of the fines meted out in accordance with this Act is
not paid within the time limit prescribed, the case will be
referred to court for enforcement.


Chapter 8 Supplementary Provisions
Article 37

The enforcement rules of this Act will be established by the
central competent authority.


Article 38
The competent authority shall draft a guidance plan for the
purposes of conserving soil and water resources and preventing
or reducing the possibility of disasters, and shall report on
the results of soil and water conservation within five years.
The guidance plan mentioned in the preceding paragraph will be
made by the central competent authority and submitted to the
Legislative Yuan for approval and filing.


Article 38-1
Any unfinished portion of soil and water conservation work may
continue according to the soil and water conservation plan which
was already approved in accordance with the Slopeland
Conservation and Utilization Act prior to the enforcement rules
of this Act coming into force as of July 2, 1995; provided,
however, that this Act shall still apply to any modification of
the approved plan.


Article 38-2
The development, operation or use subject to soil and water
conservation control and maintenance under this Act has been
approved by the authority responsible for specific business
prior to the amendment to the Slopeland Conservation and
Utilization Act coming into force as of January 12, 1986, the
soil and water conservation obligor must, within the time limit
prescribed by the central competent authority in a public
notice, draft a soil and water conservation plan and submit the
same according to this Act to the competent authority for
approval before implementing the plan. This Act as well as the
relevant acts will apply where the soil and water conservation
obligor fails to comply with the above within the prescribed
time limit or to implement the plan in accordance with the
applicable provisions of this Act.
The development, operation or use concerned may continue during
the period in which the soil and water conservation plan
mentioned in the preceding paragraph is being submitted and
reviewed, provided soil and water conservation is properly
treated and maintained and other relevant safety measures
properly taken.


Article 39
This Act will be enforced as of the date of its promulgation.