Laws Information

法規資訊
Title: Regulations on Development and Management of the Lands Reserved for Indigenous People
Am Date: 2007-04-25
Legislative History: Articles 2, 5, 6, 7, 8, 9, 12, 17, 21, 22, 23, 24, 30, 40 and 43 amended by Letter Tai-Nei-Di No.0960013991 of the Executive Yuan on April 25, 2007

Transaction

Amendment

Article 2
The competent authority called in these Regulations, in the central level, refers to the Council of Indigenous Peoples, Executive Yuan, in a Special Municipality level, refers to the government municipal, and in a County / City level, refers to the County / City government.
The matters related to agriculture, in the central government, shall be handled by the Council of Agriculture, Executive Yuan jointly with the central competent authority.
The executive organs of these Regulations are township / city / district offices.

Article 5
The general registration of the lands reserved for indigenous people shall be performed by the local registration agencies assigned by the municipal or county / city competent authorities. The owner is the Republic of China, and the management department is the central competent authority, and it shall be marked in the “Other Registration Affairs” column in the “Land Mark” part of the land register book that the lands are reserved for indigenous people.
For the public lands allocated as the lands reserved for indigenous people for which the general registration has been finished, the municipal or county / city competent authority shall, together with the original department of land management, register the central competent authority as the new management department, and mark the lands reserved for indigenous people in accordance with the preceding paragraph.

Article 6
The township / city / district office located in the lands reserved for indigenous people shall create a Reserved Land Rights Review Committee to take charge of the following matters:
1. To investigate, arbitrate and handle the disputes on the land rights of the lands reserved for indigenous people.
2. To examine the applications for allocation, withdrawal, transfer of ownership, uncompensated use, or use by government departments or schools of the lands reserved for indigenous people.
3. To perform negotiation on the compensation for reallocation of the lands reserved for indigenous people.
4. To examine the applications for leasing the lands reserved for indigenous people.
In the Reserved Land Rights Review Committee as referred to in the preceding paragraph, four-fifths of the committeemen shall be indigenous people, and the fundamentals for establishing such committee shall be prescribed by the central competent authority.
If an application regarding the lands reserved for indigenous people should be submitted to the Reserved Land Rights Review Committee for examination, the Township / City / District Office shall, within one month after acceptance of the application, transfer it to the Committee for examination. The Committee shall, within one month, finish examination and produce a position paper; otherwise, the Township / City / District Office shall directly report the case to the upper-level competent authority for disposal.
The Township / City / District Office shall report the decisions of the Reserved Land Rights Review Committee on the matters other than listed in Subparagraph 1 of the first paragraph to the upper-level competent authority for approval.

Article 7
The central competent authority shall, jointly with the related departments, assist and guide the indigenous people to create the cultivation and superficies, and acquire the leasehold and ownership of the lands reserved for indigenous people.

Article 9
For the lands reserved for indigenous people conforming to any of the following circumstances, the indigenous people may, together with the central competent authority, apply to the local registration agency for registration of creating superficies:
1. The lands already leased by the indigenous people for foresting before these Regulations are enforced, and the foresting has been finished.
2. The lands allocated by the government to the indigenous people who have the ability to forest as forestry lands according to the Regional Plan Act, or as preserved areas used for foresting according to the Urban Plan Act.

Article 12
The indigenous people may, within the lands reserved for indigenous people, apply for creating superficies for the bases of the existing self-provided houses, and the area shall be determined according to the actual area of the buildings and auxiliary facilities in use.
To meet the need for residence, the indigenous people may apply for creating superficies for the lands reserved for indigenous people used for construction according to law.
For each family, the total area of the lands referred to in the preceding two paragraphs may not exceed 0.1ha.
For the superficies referred to in the first paragraph and the second, the indigenous people shall, jointly with the central competent authority, apply to the local registration agency for registration of creating superficies rights.

Article 23
If the government needs to use public-owned lands reserved for indigenous people for public productive enterprise or special purposes, the department that needs the lands may prepare a land utilization plan and submit it to the Township / City / District Office. The Office which will transfer the plan to the Reserved Land Rights Review Committee, and the Committee shall produce a position paper and report to the upper-level competent authority for approval. Then, the required lands may be allocated for use. But the lands used for public productive enterprises shall be limited to those needed by the Township / City / District Offices that have lands reserved for indigenous people under their jurisdiction; and the lands used for agricultural experimentation and practice shall be limited to those needed by the agricultural experiment and practice institutions or schools.
In case of any of the circumstances prescribed in Article 39 of the National Property Act after a piece of land reserved for indigenous people as referred to in the preceding paragraph has been appropriated, the central competent authority shall immediately notify the National Property Administration , Ministry of Finance to report to the Executive Yuan for cancellation of appropriation. If the appropriation has been cancelled, the land shall be taken over by the central competent authority.

Article 24
In order to promote the construction of the mining, quarrying, sightseeing and amusement, gas stations, and agricultural products distributing and storage facilities, the development of industrial resources, the preservation of the indigenous culture, and the initiation of social welfare enterprises in the areas reserved for indigenous people, assistance and guidance shall be provided preferentially for the indigenous people to carry out development or construction under the precondition that the national security, the preservation and nursing of environmental resources, the livelihood of indigenous people and the administration of indigenous affairs will not be encumbered.
To apply for leasing the lands reserved for indigenous people for the purpose of development or construction as referred to in the preceding paragraph, the indigenous people shall prepare development or construction plans and illustrations, and submit to the governing Township / City / District Office for the Office to transfer them to the Reserved Land Rights Review Committee for examination and reporting to the central competent authority for approval. After the application is approved by the Council and the official document produced by the competent authority of target business to approve the development or construction has been acquired, the applicant may lease the lands reserved for indigenous people. Each lease term may not exceed nine years, and relet may be applied for according to the original procedure upon expiration of the term.
The development or construction plans and illustrations as referred to in the preceding paragraph shall include the following documents:
1. Annual development or construction plans.
2. Configuration map of the land required, marked in relief map of a proportion scale and cadastral map of not less than 1:5,000.
3. Transcription of land register book.
4. Plans for assisting the indigenous people to seek for employment or change their vocations.
If a public or private enterprise or a person other than indigenous people (“Non-indigenous people” for short) applies for leasing lands for development or construction, the Township / City / District Office shall first give a public announcement for thirty days, and handle the application in accordance with the provisions of the preceding two paragraphs only provided that no indigenous people applies with the 30-day period.
The central competent authority shall prescribe guidance measures to normalize the plans for assisting the indigenous people to seek for employment or change vocations as referred to in Subparagraph 4 of the third paragraph.

Article 30
The rent of the lands reserved for indigenous people shall be levied by the public treasury of the local municipal or township / city / district as the funds to be used for management of the lands reserved for indigenous people and for economic construction. The management and utilization plan of the rents shall be formulated by the central competent authority.

Article 40
The municipal and county / city competent authorities shall, jointly with the related government departments, assist and encourage foresting in the lands reserved for indigenous people, and the assistance and encouragement measures shall be prescribed by the central competent authority.

Article 43
For the matters concerning the development and management of the lands reserved for indigenous people create forth in these Regulations that should be handled by the central competent authority, the authority may prescribe relevant operational regulations according to the actual requirements.