Laws Information

法規資訊
Title: Environmental Impact Assessment Act
Am Date: 2003-01-08
Legislative History: Revisions to Articles 12 through 14 and 23 promulgated by presidential order on January 8, 2003

Transaction

Amendment

Article 12
The industry competent authority shall, in conjunction with the competent authority, members of the Committee and other relevant agencies, invite together experts, scholars, groups and local residents to conduct an on-site inspection and hold a public hearing within thirty days after receipt of the draft environmental impact assessment report; records of the on-site inspection and public hearing shall be maintained and submitted to the competent authority within thirty days after the on-site inspection and public hearing.
The time periods in the foregoing paragraph may be extended when necessary.

Article 13
The industry competent authority shall submit the on-site inspection records, public hearing records and draft environmental impact assessment report in the foregoing article to the competent authority for review.
The competent authority shall complete a review conclusion and send the review conclusion to the industry competent authority and the developer within sixty days; the developer shall revise the draft environmental impact assessment report in accordance with the review conclusion in order to complete an environmental impact assessment report which shall be sent to the competent authority for authorization in accordance with the review conclusion.
After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority. However, for those special circumstances, the review deadline for the review conclusion may be extended for a maximum of sixty days.

Article 14
The industry competent authority may not grant permission for a development activity prior to the completion of an environmental impact statement review or the authorization of an environmental impact assessment report; permission granted in violation of this regulation shall be invalid.
The industry competent authority may not grant permission for development activity to those developers that the competent authority determines through review shall not be granted permission to implement development activities. However, the developer may submit an alternate plan to the competent authority for a new review.
The alternate plan submitted by the developer pursuant to the foregoing paragraph may not conflict with the original reason the competent authority determined that permission shall not be granted if the development activity is replanned based on the original location.

Article 23
For one of the following circumstances, violators shall be fined NT$300,000 to NT$1.5 million and ordered to make improvements within a limited time period; those that have still failed to make improvements by the deadline shall be issued consecutive daily fines.
1. The violation of Article 7, Paragraph 3, Article 16-1 or Article 17
2. The violation of Article 18, Paragraph 1 through a failure to submit an environmental impact survey report or the violation of Article 18, Paragraph 3 through a failure to submit response strategies or a failure to carry out strict implementation in accordance with response strategies
3. The violation of Article 28 through a failure to submit response strategies or a failure to carry out strict implementation in accordance with response strategies
For those severe circumstances in the foregoing paragraph, the competent authority may notify the industry competent authority to order the suspension of the implementation of the development activity. When necessary, the competent authority may directly order the suspension of the implementation of the development activity; for those that fail to comply with an order, the statutory responsible person shall be punished by a maximum of three years imprisonment or detention, and may be fined a maximum of NT$300,000.
Those developers that are unable to complete improvements by the improvement deadline in Paragraph 1 due to natural disaster or other force majeure shall continue to make improvements after the reason ends and shall, within 30 days, apply to the competent authority for the approval of a starting date for the remaining time period by submitting a written explanation of cause and relevant verification documents.
The severe circumstances referred to in Paragraph 2 means one of the following.
1. Those circumstances in which the developer causes extensive public nuisance or serious destruction of natural resources
2. Those circumstances in which the developer does not implement development activities in accordance with the review conclusion of the competent authority or the commitments of the environmental impact statement or environmental impact assessment report, thereby endangering human health or agricultural, forestry, fisheries or livestock resources
3. Those circumstances in which the developer still fails to complete improvements after 30 days of consecutive daily fines issued by the competent authority
Those developers that have been ordered to suspend the implementation of a development activity by the competent authority pursuant to Paragraph 2 shall submit the implementation results of their improvement plan to the competent authority for checking prior to the resumption of the implementation of the development activity; this also applies to those developers that have been ordered to make improvements within a limited time period by the competent authority and that report the suspension of the implementation of the development activity of their own volition. Those developers for whom checking reveals a failure to comply with standards may not resume the implementation of the development activity.
In order to prevent the expansion of the degree or scope of environmental impact during the time period for the suspension of the implementation of a development activity in the foregoing paragraph, the competent authority shall, in conjunction with the relevant agencies, require that the developer carry out restoration and improvements and emergency response measures in accordance with relevant laws and regulations. The competent authority may request the industry competent authority in writing to cancel the permission of those that fail to comply with this requirement.
The central competent authority shall determine the starting date, temporary suspension dates, termination date, improvement completion verification checks and other binding matters for the daily consecutive fines referred to in Paragraph 1 and Paragraph 4.
When the developer violates this Act or related orders determined pursuant to the authorization of this Act and the competent authority is negligent in implementation, victims or public interest groups may notify the competent authority in writing of the details of the negligent implementation.
For those competent authorities that have still failed to carry out implementation in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with an administrative court based on the negligent behavior of the competent authority in fulfilling its implementation duties in order to seek a ruling ordering the competent authority to carry out implementation.
When issuing a verdict on the lawsuit in the foregoing paragraph, the administrative court in accordance with its authority may order the defendant competent authority to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the prevention and mitigation of the adverse impact of the development activity on the environment.
The central competent authority shall determine the format of the written notification in Paragraph 8.