Laws Information

法規資訊
Title: Soil and water Conservation Act
Am Date: 2003-12-17
Legislative History: Addition of Articles 6-1, 14-1, 38-1 and 38-2, deletion of Article 13 and amendment to Articles 6 and 12 by Presidential Order No. Hwa-Tzong-1-Yi-Zi-09200235601on December 17, 2003.

Transaction

Amendment

Article 6-1
If the project sum of any investigation, planning, design or supervision of soil and water conservation treatment and maintenanceas 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 regulatory authority shall request that the technician in charge be certified by a soil and water conservation technician possessing the particular expertise.

Article 14-1
The regulatory 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 level responsible 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 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 Slopeland Conservation and Utilization Act prior to the enforcement rules of the 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
Where this Act provides for soil and water conservation treatment and maintenance with respect to an act of development, operation or use which had been approved by the authority responsible for specific business and been implemented but not yet completed prior to the amendment to 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 regulatory 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 6
(Certification of Soil and Water Conservation Professional Engineer)
Where the soil and water conservation treatment and maintenance is of a certain scale or above as designated by the central level responsible authority, the project shall be planned, designed and supervised by soil and water conservation technicians, civil engineering technicians, water conservancy engineering technicians, land engineering technicians, and other relevant professional engineers legally registered and practising, 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 12
(Soil and Water Conservation Plan for Non-Agricultural Purpose I)
Asoil and water conservation obligor engaging in the following acts on slopeland or in a forest zone shall draft a soil and water conservation plan and submit the same to the regulatory 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 regulatory 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 regulatory 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 assessmentin 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 level responsible authority with a scale smaller than that specified by the central level responsible authority. The above category and scale will be determined by the central level responsible authority.
Article 13
(Deleted)