Laws Information

法規資訊
Title: Standards for Determining Specific Items and Scope of Environmental Impact Assessments for Development Activities
Am Date: 2013-09-12
Legislative History: Some articles revised and promulgated by EPA Order Huan-Shu-Tzong-Tzu No. 1020078054 on September 12, 2013.

Transaction

Amendment

Article 3
Where one of the following circumstances applies with respect to the establishment of a factory, an environmental impact assessment shall be required:
I. There is a newly-established or added production line in one of the industry types in Attached Table 1.
II. There is a production capacity increase in one of the industry types in Attached Table 1 meeting one of the following conditions:
A. The site is located in a national park.
B. The site is located in a wildlife preserve or an important wildlife habitat environment.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located in the water catchment area of a dam or reservoir.
F. The site is located within a water quality and quantity protection area.
G. The site is located at an elevation of over 1,500 meters.
H. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or the aggregate area to be developed greater than one hectare.
I. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than one hectare.
J. The increase in production capacity exceeds ten percent. However, this restriction shall not apply when the proposed expansion does not cause any increase in the overall volume of air pollution, water pollution, or waste, and verifying documentation has been submitted to the competent authority and industry competent authority, which have granted their consent.
III. There is a newly-established or expanded production capacity in one of the industry types in one of the industry types in Attached Table 2 meeting one of the following conditions:
A. The site is located in a national park.
B. The site is located in a wildlife preserve or an important wildlife habitat environment.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located in the water catchment area of a dam or reservoir.
F. Located within a water quality and quantity protection area;This requirement does not apply, however, with respect to factories constructed in industrial zones prior to the promulgation and entry into effect of this Act, and of which the effluent drains conduct waste outside a tap-water quality and volume protection area, insofar as the increase in production capacity does not exceed 20% and an intake certificate has been duly obtained from the waste-water treatment plant of the said industrial zone.
G. The site is located at an elevation of over 1,500 meters.
H. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed greater than one hectare.
I. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than one hectare.
J. The site is located on urban land, and the application involves an area or aggregate area of land to be developed greater than 5 hectares.
K. The site is located on non-urban land, and the application involves an area or aggregate area of land to be developed greater than 10 hectares.
IV. The new establishment of, or expansion of the production capacity of, any other factory, and one of the following conditions applies:
A. The site is located in a national park. However, this restriction shall not apply when the area involved is less than 500 square meters or the aggregate area to be developed is less than 2,500 square meters, and the national park competent authority and industry competent authority have granted their consent.
B. The site is located in a wildlife preserve or an important wildlife habitat environment. However, this restriction shall not apply when the site is located in an important wildlife habitat environment, the area involved is less than 500 square meters or the aggregate area to be developed is less than 2,500 square meters, and the competent authority for important wildlife habitat environments and the industry competent authority have granted their consent.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located in the water catchment area of a dam or reservoir, and one of the following conditions applies:
1. Belongs to industry types listed on Attached Table 2-1, but is located in water catchment area of a second-class dam or reservoir. However, this restriction shall not apply when the applied-for area is less than 500 square meters or the aggregate developed area is less than 2,500 square meters, and the reservoir competent authority and industry competent authority have granted their consent.
2. Does not belong to any industry type listed on Attached Table 2-1 and is located in the water catchment area of a first-class dam or reservoir. However, this restriction shall not apply when the applied-for area is less than 500 square meters or the aggregate developed area is less than 2,500 square meters, and the reservoir competent authority and industry competent authority have granted their consent.
F. The site is located at an elevation of over 1,500 meters.
G. The site is located in a mountain slope area or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed greater than one hectare.
H. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than one hectare.
Where the provisions of Subparagraph 3, Items (h) through (k) and Subparagraph 4, Items (h) or (i) of the foregoing paragraph apply, the development or cumulative development area allowances are doubled in applications for sites located in industrial zones, export processing zones, science parks, environmental technology parks, biotechnology parks, or other parks wherein firms may locate and engage in production, manufacturing, technical services, or other services (herein referred to as "parks") for which an environmental impact assessment has already been completed.
When the case in Paragraph 1 consists of a replacement or renovation project, the production capacity and pollution output do not increase, and unit energy consumption is lower, exemption from an environmental impact assessment may be granted with the approval of the industry competent authority.
When an application for establishment of a factory within a park that has completed site preparation and development of public facilities is made, the case shall be exempt from implementation of an environmental impact assessment pursuant to regulations concerning locations in mountain slope areas in Paragraph 1, Subparagraph 2, Item (h); Subparagraph 3, Item (h); or Subparagraph 4, Item (g).
For the brewing business of fermentation industry stated in Attached Table 2 (Paragraph 1, Subparagraph 3) and plants of industries not stated in Attached Table 2-1 (Paragraph1, Subparagraph 4), if they are established outside the main island and located within the parks, and have drains to dispose and conduct the sewage outside the water catchment area of a dam or reservoir, they shall be exempt from the environmental impact assessment stated in Paragraph 1, Subparagraph 3, Item (e); or Subparagraph 4, Item (e) 2 once received approval from local competent authority.
For other plants stated in Paragraph 1, Subparagraph 4, whose industry types are not stated in Attached Table 1 and 2; plants with industry types stated in Subparagraph 4, Item (e) 1, Attached Table 2-1; and plants with industry types stated in Attached Table 1 or 2 – all of them shall comply with provisions stated in Paragraph 1, Subparagraph 1 through 3.
Subparagraph 4 of Paragraph 1 refers to plants dealing with gravel crushing and extracting that must comply with provisions stated in Article 10, Paragraph 1, Subparagraph 2.
When an application for establishment of a factory is made, it shall be determined in the following manner whether an environmental impact assessment shall be carried out:
I. Where factories are required to obtain a factory establishment permit prior to factory establishment, at the time of application.
II. In the following manner where factories are not required to obtain a factory establishment permit prior to factory establishment:
A. Where the factory industry type has been confirmed when applying for a factory building construction permit, it will be determined at the time of application for a construction permit.
B. Where the factory industry type was not determined when applying for a factory building construction permit, or where the scope of the factory registration application exceeds the industry type or scale stated in the construction permit application, or where the developers applying for the factory construction permit and the factory registration are not the same, it will be determined at the time of application for factory registration.

Article 10
Where one of the following circumstances applies with respect to the extraction of earth and gravel, an environmental impact assessment shall be conducted:
I. Extraction of earth and gravel (excluding the extraction of clay by brick and tile enterprises) and related expansion projects, and one of the following conditions applies:
A. The site is located in a national park.
B. The site is located in a wildlife preserve or an important wildlife habitat environment.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located in an aboriginal reserve.
F. The site is located in the water catchment area of a dam or reservoir.
G. The site is located at an elevation of over 1,500 meters.
H. The extraction site is located in a marine area. However, maintenance dredging within the scope of an existing harbor shall not be subject to this restriction.
I. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the applied-for area or the aggregate developed area is five hectares or more (including the surface area of any access roadways that must be built), or is in a riverbed and the application involves an extraction zone or aggregate extraction zone that extends for 500 meters or more along the river, or involves extraction of more than 800,000 cubic meters of earth and gravel.
J. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and is also located in a water quality and quantity protection area, the application involves an area or aggregate area to be developed that is 2.5 hectares or more (including the surface area of any access roadways that must be built), or that is in a riverbed, or that involves an extraction zone or aggregate extraction zone that extends for 250 meters or more along the river, or that involves extraction of more than 400,000 cubic meters of earth and gravel.
K. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed that is five hectares or more (including the surface area of any access roadways that must be built), or that involves extraction of more than 800,000 cubic meters of earth and gravel.
L. The application involves an area or aggregate area to be developed that exceeds ten hectares or is in a riverbed, or that involves an extraction zone or aggregate extraction zone that extends for 1,000 meters or more along the river, or that involves the extraction of more than 400,000 cubic meters of earth and gravel.
M. Extraction zones are located in a mountain slope area, and one of the following conditions is present, the respective surface areas of the various extraction sites shall be added together, and when this aggregate figure falls within the scope set out in items (i) or (j) above, these sites shall be grouped under one application:
1. The extraction sites are within one lot under the same land number.
2. The extraction site land numbers are adjacent to or connected to one another.
3. The horizontal distance between the boundaries of extraction sites is within a range of 500 meters.
N. When the extraction zone is not located in a mountain-slope area but is located within a water quality and quantity protection area and one of the following conditions is present then the area to be developed in the application shall be added together and must reach a size specified in Items (j) through (l):
1. The extraction sites are within one lot under the same land number.
2. The extraction site land numbers are adjacent to or connected to one another.
3. The horizontal distance between the boundaries of extraction sites is within a range of 500 meters.
II. The construction or expansion of the sizing and washing plant of an earth or gravel extraction operation, and one of the following conditions applies. When the site:
A. The site is subject to the provisions of Items (a) to (e), and Item (g) of the foregoing subparagraph.
B. Located in the water catchment area of a dam or reservoir. However, if the case belongs to a weir catchment area that only crushes and extracts earth and gravels from the river; has less than one hectare of applied or aggregate development area; already installed waste water or sewage treatment facilities; has an outfall that is at least 1 kilomeer away from the boarder of the reservoir storage area as confirmed by the reservoir management agency (entity), it is not limited by this regulation as long as it receives consent from the local competent authority..
C. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed greater than one hectare.
D. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than one hectare.
E. The application of this site involves an area or aggregate area of land to be developed greater than 10 hectares.
III. A brick and tile enterprise applies for or expands its extraction of clay, and one of the following conditions applies:
A. The site is located in a national park.
B. The site is located in a wildlife preserve or an important wildlife habitat environment.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located in an aboriginal reserve.
F. The site is located in the water catchment area of a dam or reservoir.
G. The site is located at an elevation of over 1,500 meters.
H. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed that is five hectares or more (including the surface area of any access roadways that must be built), or the application is for extraction of more than 800,000 cubic meters of earth and gravel.
I. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and is also located in a water quality and quantity protection area, and the application involves an area or aggregate area to be developed that is 2.5 hectares or more (including the surface area of any access roadways that must be built) or the the extraction of more than 400,000 cubic meters of earth and gravel.
J. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed that is five hectares or more (including the surface area of any access roadways that must be built), or that involves extraction of more than 800,000 cubic meters of earth and gravel.
K. The application involves an area or aggregate area of land to be developed that is 5 hectares.
Any government-approved dredging projects that fall under subparagraph 1 of the foregoing paragraph shall be conducted in accordance with the provisions of Article 14, subparagraph 2.
When two or more applications for earth and gravel extraction zones are made at the same time (excluding the extraction of clay by brick and tile producers), and any of the conditions described in Paragraph 1, Subparagraph 1, Items (m) or (n) are present due to subsequent applications, and in addition the combined area covered by the applications or aggregate developed area falls within one of the scopes specified in Paragraph 1, Subparagraph 1, Items (i) through (l), then an environmental impact assessment shall be conducted for each such subsequent extraction zone application when the industry competent authority does not grant its consent.
The combined calculation of extraction zone areas as prescribed in Paragraph 1 Subparagraph 1, Items (m) or (n) shall include the following situations:
I. Development permission has been received.
II. The application has not yet received permission for development from the industry competent authority.
III. The industry competent authoritys approval has been annulled for less than one year.

Article 28
Where one of the following circumstances applies with respect to constructions related to environmental protection, an environmental impact assessment shall be conducted:
I. The construction, expansion or treatment capacity expansion of a nightsoil treatment plant, and one of the following conditions applies:
A. The site is located in a national park. However, this restriction shall not apply when the expansion application involves an area of less than 500 square meters or the aggregate expansion area is less than 2,500 square meters, and the national park competent authority and industry competent authority have granted their consent.
B. The site is located in a wildlife preserve or an important wildlife habitat environment. However, this restriction shall not apply when the site is located in an important wildlife habitat environment, the expansion application involves an area of less than 500 square meters or the aggregate expansion area is less than 2,500 square meters, and the competent authority for important wildlife habitat environments and the industry competent authority have granted their consent.
C. The site is located in an important national wetland.
D. The site is located in a nature preserve approved and announced under a Taiwan coastal area natural environment protection plan.
E. The site is located at an elevation of over 1,500 meters.
F. The site is located in the water catchment area of a dam or reservoir.However, this restriction shall not apply when the expansion application involves an area of less than 500 square meters or the aggregate expansion area is less than 2,500 square meters, and the reservoir competent authority and industry competent authority have granted their consent.
G. The site is located in a mountain slope area or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed greater than one hectare.
H. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than one hectare.
I. The monthly maximum treatment processing capacity of the facility is 2500 tons or more.
II. The construction or expansion of a sewage treatment plant for a sewage system under the conditions set out in items (b) to (d), item (g) or (h) of the foregoing subparagraph, or of a sewage treatment plant with an annual service population of 250,000 persons or more.
III. The construction, expansion or processing capacity expansion of a composting plant, and one of the following conditions applies:
A. The site is subject to the provisions of items (a) to (f) of subparagraph 1.
B. The site is located in a mountain slope area or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed that is two hectares or more; for a site also located in a water quality and quantity protection area, the application involves an area or aggregate area to be developed that exceeds one hectare.
C. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than two hectares.
D. The application involves an area or aggregate area of land to be developed that is greater than 5 hectares.
E. The site is located in an industrial zone and the maximum monthly waste treatment volume exceeds 2,500 tonnes.
F. The site is located on urban land (not including industrial zones) and the monthly maximum waste treatment volume exceeds 1,200 tonnes.
G. The site is located on non-urban land (not including industrial zones) and the monthly maximum waste treatment volume exceeds 5,000 tonnes.
IV. The waste transshipment facility construction or expansion or expansion of transhipment capacity, and one of the following conditions applies:
A. The site is subject to the provisions of Items (a) through (h) of Subparagraph 1.
B. The monthly maximum waste transshipment capacity is 2500 tons or more.
V. A general waste or general industrial waste landfill or incinerator construction or expansion project, or capacity expansion project. However, this restriction shall not apply when an expansion project is not located in an area specified in Items (a) to (f) of Subparagraph 1, and the expansion area is less than 500 square meters, and the industry competent authority has granted its consent.
VI. A general waste or general industrial waste disposal site not employing incineration, burial, composting, or reuse (also excluding disposal sites using physical methods to process mixed hardware waste) construction or expansion project, or capacity expansion project. However, this restriction shall not apply when an expansion project is not located in an area specified in Items (a) to (f) of Subparagraph 1, and the expansion area is less than 500 square meters, and the industry competent authority has granted its consent.
VII. Construction or expansion of a general waste trash classification facility (excluding facilities located within existing landfills or incinerators), and one of the following conditions applies:
A. The site is subject to the provisions of items (a) to (f) of subparagraph 1.
B. The application involves an area or aggregate area of land to be developed that is greater than 1 hectare.
VIII. A general waste or general industrial waste reuse organization (excluding organic sludge or mixed sludge reuse organizations) construction or expansion project, or reuse capacity expansion project, and one of the following conditions applies:
A. The site is subject to the provisions of items (a) to (h) of going Subparagraph 1 of Paragraph 1.
B. The site is located within a water quality and quantity protection area. However, this restriction shall not apply when the expansion application involves an area of less than 500 square meters or the aggregate expansion area is less than 2,500 square meters, and the water quality and quantity protection area competent authority and industry competent authority have granted their consent.
C. The site is located on urban land, and the application involves an area or aggregate area of land to be developed greater than 5 hectares.
D. The site is located on non-urban land, and the application involves an area or aggregate area of land to be developed greater than 10 hectares.
IX. Apart from reuse, the construction or expansion of facilities for the intermediate treatment or final disposal of hazardous industrial waste by incineration, burial, or other means (excluding mobile facilities for such treatment or disposal, sterilization facilities at hospitals, or facilities using physical methods to process mixed hardware waste), or capacity expansion project. However, this restriction shall not apply when an expansion project is not located in an area specified in Items (a) through (f) of Subparagraph 1, and the expansion area is less than 500 square meters, and the industry competent authority has granted its consent.
X. Construction or expansion of disposal sites or facilities using physical methods to process mixed hardware waste, or capacity expansion projects, subject to one of the provisions among items (a) through (h) in Subparagraph 1.
XI. Organic sludge, mixed sludge, or hazardous industrial waste reuse organization construction or expansion project, or reuse capacity expansion project. However, this restriction shall not apply when the case complies with the following requirements, data concerning total air and water pollution emissions, waste production, and pollution control measures are submitted to the competent authority and industry competent authority, which have granted their consent:
A. Sites not located in areas subject to the provisions of Items (a) through (f) of Subparagraph 1.
B. The site is not located within a water quality and quantity protection area.
C. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed less than one hectare.
D. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed less than one hectare.
E. The site is located on urban land (excluding industrial zones) and the monthly maximum waste reuse volume is less than 1,250 tonnes.
F. The site is located in an industrial zone or on non-urban land and the monthly maximum waste reuse volume is less than 2,500 tonnes.
XII. Construction or expansion of earth and gravel storage and disposal sites such as waste soil sites and spoil disposal sites, mixed construction resource classification and disposal sites, and furnishing and repair waste classification and disposal sites, or their capacity expansion projects, and one of the following conditions applies:
A. The site is subject to the provisions of Items (a) through (e) of Subparagraph 1.
B. The site is located in a mountain slope area, national scenic area, or a general protected area approved and announced under a Taiwan coastal area natural environment protection plan, and the application involves an area or aggregate area to be developed that is five hectares or more, or involves the piling of earth in excess of 100,000 cubic meters; for sites located in a water quality and quantity protection area, the application involves an area or aggregate area to be developed that is 2.5 hectares or more, or involves the piling of earth in excess of 50,000 cubic meters.
C. The site is located in farmland in a special agricultural district where farmland readjustment has been completed, the agricultural competent authority has agreed to the use change, and the application involves an area or aggregate area to be developed greater than five hectares or more, or involves the piling of earth in excess of 100,000 cubic meters.
D. The application involves an area or aggregate area of land to be developed that is greater than 10 hectares.
Where sites falling under subparagraphs 3 to 6 above are established for the purposes of emergency processing activities, exemption from an environmental impact assessment may be granted with the approval of the competent authority and the industry competent authority.
In Paragraph 1, Subparagraph 8 or 11, a reuse organization employing composting shall be handled in accordance with the regulations Paragraph 1, Subparagraph 3.
In Paragraph 1, Subparagraph 6 or 8, when the case does not require application for an establishment, change, or operation permit for a stationary air pollution source, and the user may either obtain a simple discharge permit under the Water Pollution Control Act or the dedicated wastewater sewage system of an industrial area has agreed to connect sewer pipes, the case shall be handled in accordance with the regulations of Paragraph 1, Subparagraph 10. However, when a facility in Subparagraph 8 simultaneously employs composting as a reuse method, the case shall be handled in accordance with the regulations in the foregoing paragraph.
In Paragraph 1, Subparagraph 8 or 11, an experimental project shall be exempt from environmental impact assessment if the competent authority and industry competent authority have reviewed the case and granted their consent.
When the case in Paragraph 1 consists of a replacement or renovation project, the treatment volume and pollution output do not increase, and unit energy consumption is lower, exemption from an environmental impact assessment may be granted with the approval of the industry competent authority.
If, after the development activities in Paragraph 1 cause treatment volume, transshipped volume, storage volume, or reuse volume to increase, the case is subject to regulations requiring an environmental impact assessment, the treatment volume, transshipped volume, storage volume, or reuse volume may not exceed the original permissible levels unless the case passes environmental impact assessment review.
Whether an environmental impact assessment is to be carried out for applicants for a public or private waste disposal or clean-up organization permit shall determine in the following manner:
I. Those required to obtain establishment approval documents before establishing a site or plant, or those required to make changes to establishment approval documents, it will be determined at the time of application for establishment approval documents.
II. Where existing plants or waste disposal facilities apply for disposal or clean-up permits, or are required to conduct trial operations because they have applied to make changes to the content of the original permit or reapply for a permit, it will be determined at the time of application for trial operation.
III. Where the content of the application for a disposal or clean-up permit exceeds the content of the application for establishment approval documents, or where the content of the application for a disposal or clean-up permit exceeds the content of the application for trial operation, or where, after a disposal or clean-up permit has been obtained, an application is filed to make changes to the original permit content, or a permit reapplication is filed, but does not pertain to the required changes to the establishment approval documens or the required trial operations, it will be determined at the time of application for a disposal or clean-up permit.
Paragraph 1 refers to existing facilities once approved by the industry competent authority in accordance with the Waste Disposal Act. With confirmations of the industry competent authority, those possess the same or different kinds of permits applied by the same or different development units based the Waste Disposal Act shall be exempt from environmental impact assessment when complying with regulations in following subparagraphs:
I. The original permit was not cancelled nor abolished, and the application date is within the validity of original permit (3 years).
II. Those ever disposed wastes based on the original permit content.
III. The application content is within field area of original permit.
IV. The application content shall comply with facilities and disposal methods of original permit, and remain within the waste categories and quantities stated in original permit. Original permit refers to the permit of existing facilities for recent disposal. For original permits like the one to reuse industrial wastes, its waste quantity is based on the maximum total reuse quantity of the permit integrated with the reuse quantity of individual or general cases approved by the industry competent authority..
V. Apart from the air pollution control facilities and facilities for collecting and disposing greenhouse gas, the application content shall not involve other constructions.

Article 36
In case of reapplying permit for the same development activity once approved by the industry competent authority due to the change of developer or other factors, the application of the permit shall be handled in accordance with this regulation. But the case conforms to below regulations as the industry competent authority confirms, the case shall be exempt from environmental impact assessment:
I. The original permit was not cancelled nor abolished, and the application date is within the validity of original permit (3 years).
II. Original development activities are completed and have been operated.
III. The content of reapplied permit is within the scope of original permit content. In case of having a multi-level permit or the original permit content was once modified, the last permit content shall be taken into account.
IV. Apart from the air pollution control facilities and facilities for collecting and disposing greenhouse gas, the application content shall not involve other constructions.
V. In case of having plant development activities, the industry type, production facilities and manufacturing processes of the application shall be the same as the original plant. If preceding development activity is held by waste disposal facilities, it shall be handled based on regulations stated in Paragraph 9 of Article 28.

Article 38
Except where other regulations in these Standards apply, the definitions of development activities and development zone scopes announced in Articles 3 through 31 and Article 5, Paragraph 1, Subparagraph 11 of this Act shall be interpreted on the basis of the relevant regulations of each competent authority.
As used in these Standards, "important national wetland" refers to the scope of important national wetlands selected and delineated by the wetlands competent authority.
The water catchment area of a dam or reservoir refers to the ones announced by the Ministry of Economic Affairs. The water catchment area of a first-class dam or reservoir refers to water areas for the dam or reservoir stated in Attached Table 4-1; the water catchment area of a second-class dam or reservoir refer to those, which are not the water catchment areas for the first-class dam or reservoir; the weir catchment areas refer to water catchment areas of the dam or reservoir stated in Attached Table 4-2.

Article 41
Apart from Articles 3 through 31, which shall take effect three months after the date of promulgation, these Standards shall take effect on the date of promulgation.
These Standards were revised shall take effect on the date of promulgation.