Laws Information

法規資訊
Title: Sand and Gravel Excavation Act
Am Date: 2008-01-09
Legislative History: Amended on Jan. 9, 2008. Under Presidential Order HTEY-09700000851Under Presidential Order HTEY-09700000851

Transaction

Amendment

Article 7-1
For the needs of public construction and economic development, governing authority may select suitable location and delimit designated sand and gravel excavation area after on site inspection accompanied with water resources, fishing, soil and water conservation, environmental protection, land use and management, and other related authorities.
The delimitation of sand and gravel excavation designated area by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City need to apply for permission from central governing agency.
The private land within the range of sand and gravel excavation designated area shall be expropriated ; for public land shall be appropriated through required regulations.
The governing authority that delimitate sand and gravel excavation designated area shall conduct development and excavation planning. After conducting environmental impact assessment, water and soil conservation audition and non-urban land converting classification or urban land converting procedures, the sand and gravel excavation designated area can then be declared to accept sand and gravel excavation permit application.
The application of sand and gravel excavation within sand and gravel excavation designated area shall follow original excavation plan designed by governing authority to prevent repeating procedures described in the above listed articles.
Sand and gravel excavation person shall be recognized as an obligor and development entity and conduct development entity converting under environmental impact assessment regulations.
In article 3, the private land owner can use expropriated compensation to become share holder or partner of sand and gravel excavation person under the agreement of sand and gravel compensation person.

Article 7-2
The sand and gravel excavation designated area delimited by central governing authority, the central governing authority shall examine the application for excavation and issue the permit, and monitor and administrate the conduction of excavation.The sand and gravel excavation designated area delimited by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City shall be executed by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City.
The sand and gravel excavation designated area delimited by central governing authority, its application, monitoring, administration and penalty shall comply with Sand and Gravel Excavation Act.
Article 3
To excavate sand and gravel, the excavation permit need to be obtained according to the regulations listed in this Act. However, if the following conditions occur, the acquisition of the excavation permit shall be exempted.
1. Small quantity sand and gravel excavation for household usage.
2. Sand and gravel obtained through land preparation and construction related works.
3. Sand and gravel obtained along with the mining operation in which sand and gravel are co-existed with the mineral deposit in the same mine of the owner of mine operation right.
4. Sand and gravel obtained for the purpose of urgent reconstruction of public works due to natural disaster.
5. Sand and gravel obtained for important construction work initiated by governmental departments.
6. Brick, tile or ceramic industries excavate sand and gravel for it own usage.
The location, acreage, quantity and excavation duration of the sand and gravel excavation administrative regulations listed in above paragraphs 1 to 5 shall be determined by Central Government Authority.

Article 4
The terminology used in this Act are defined as follows:
1. Sand and gravel: Natural resources such as soil (including clay and silt) , sand, gravel and stone, etc which are not included in Article 3 of MiningAct along with other minerals.
2. Land sand and gravel: The sand and gravel deposited in land.
3. River and water sand and gravel: The sand and gravel deposited in river and lake and their vicinity area.
4. Costal and sea sand and gravel: The sand and gravel deposited along the costal line and outside of costal line.
5. Sand and gravel excavation area: The field that is approved for sand and gravel excavation by Government Authority.
6. Sand and gravel excavation field: The site that is used for sand and gravel excavation, storage, and its related operations such as handling, crushing, washing and beneficiation.
7. Sand and gravel excavation person: Person or entity who hold the sand and gravel excavation permit.
8. Person who is responsible for sand and gravel excavation field: Person who actually managing the overall operation of sand and gravel excavation field.
9. Technical manager of the sand and gravel excavation field: The technical person who managing the technical and safety aspects of the sand and gravel field.
10. Total quantity control: The restrictive measures imposed to control the total quantity of sand and gravel excavation for a specific area.

Article 6
For river and water sand and gravel, its excavation duration is limited to three years and can not be extended when expired. For land and costal line and sea sand and gravel, its excavation duration is limited to 10 years and can be extended for the same duration after expiration.

Article 10
To apply sand and gravel excavation permit, the following documents shall be prepared and submitted to Municipal or County (city) governments. If the required documents are not collected completely, the government authority has the right to reject the application.
1. Application form and sketch of applied area.
2. Receipt of application fee.
3. Sand and gravel excavation plan and drawings.
4. Letter of consent for sand and gravel excavation from land owner, user or administrator of the applied area or certain certificates that permit the use of agree to conduct planning for public land sand and gravel excavation. For the application of costal and sea sand and gravel excavation, the above mentioned documents are not required.
5. Other related documents specified by central governing authority.
The applicant applying for sand and gravel excavation in others mining area shall provide letter of consent issued by the mining right holder before the due date set by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City. For sand and gravel excavation in others mining area but excavate different deposit, if the letter of consent can not be obtained, the reasons and documents that may prove the contact and or negotiation had been made with the mining right holder need to be provided.
The required sand and gravel excavation plan and drawings described in Paragraph 1 Subparagraph 3 need to be certified by registered professional mining engineer or other related professional engineers.

Article 14
When examining the application for sand and gravel excavation permit, the municipal or county (city) government shall conduct investigation along with other governmental agencies including water, fishery, water and land conservation, traffic, environmental protection and land use, land administration and other related agencies. After examining the application by the related governmental agencies and no violation of any laws or regulations are found, the application will then be reviewed by central government authority and issue sand and gravel excavation permit.

Article 24
If one of the following occurs to the sand and gravel excavation party, the Municipal or County (City) Governments shall report to the Central Government Authority to examine and revoke the sand and gravel excavation permit.
1. Result in apparent environment and ecology impact and was found to be true after investigation, and the sand and gravel excavation party fail to improve or improve ineffectively, after been notified.
2. Without applying for sand and gravel excavation field registration in accordance with the provision under Paragraph 1 in Article 18.
3. Without commencing the sand and gravel excavation operation within six month after obtaining sand and gravel excavation field registration, or suspending sand and gravel excavation operation for more than six month after commencing excavation; however, with appropriate reason and request granted shall be exempted.
4. Without operating sand and gravel excavation by its own or excavating outside of the approved area.
5. Without following the approved sand and gravel excavation plan to excavate sand and gravel and fail to improve or unable to improve within preset deadline after notification.
6. Without following the notice to suspend part or all excavating operation after notified by Municipal or County (City) Governments in accordance with Article 34.
7. Fail to pay for the rental or public land use fee.
8. After the depletion of the sand and gravel or without the intention to continue the operation but fail to comply with the requirements under the provisions described in Article 36.
9. Fail to comply with Article 48 to pay environmental maintaining fee, then one month after notified by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government without paying the fee before the due date.

Article 33
In order to protect water resources, water conservancy, traffic safety, urban development, environment and landscape or other public benefits, Related purpose government authorities may apply for designating sand and gravel excavation prohibited area from central governing authority; the sand and gravel excavation party suffered damage from such designation of prohibited area may claim comparable compensation from the Purpose Government Authorities which ordering or requesting such designation.
In order to maintain and adjust sand and gravel supply and demand balance, Central government authority may designate sand and gravel excavation prohibited area; the sand and gravel excavation party suffered damage from such designation of prohibited area may claim comparable compensation from the Central Government Authority.
Disputing over compensation between the sand and gravel excavation party and the purpose government authorities applied for the designation prohibited area shall be reconciled by Central Government Authorities.
After designated sand and gravel excavation prohibited area, the Municipal Governments or County (City) Governments shall revoke the sand and gravel excavation permission, in whole or in part of the excavation area located within the designated prohibited area.
The residual sand and gravel excavation area after designating for prohibited area, which worth to or the excavation party has the intention to continue operating, the excavation party shall re-submit sand and gravel excavation plan for the residual area to the Municipal or County (City) Governments to apply for Sand and Gravel Excavation Permit and Sand and Gravel Excavation Field Registration. The valid period shall be limited to the period originally granted period.
The requirements of applying the residual sand and gravel excavation area as mentioned above shall be allowed under Article 11.