Laws Information

法規資訊
Title: Regional Plan Act
Am Date: 2000-01-26
Legislative History: Articles 4~7, 9, 16~18, 21 and 22 amended and Articles 15-1~15-5 and 22-1 supplemented by President Order (88) Hua-Tsung (1)-Yi-Tzu No.8900017420 on January 26, 2000

Transaction

Amendment

Article 15-1
After overall review of a regional plan is finished and it is announced and implemented, for the non-urban lands other than prescribed in Article 11 that meet the land-use plan of non-urban lands, alteration of segmentation shall be performed according to the following provisions:
1. Where the land-use zoning needs to be reviewed and altered for the purpose of strengthening the conservation of resources, the municipal or county (city) government may directly execute alteration of zoning with the approval of the upper-level competent authority.
2. For the purpose of development and utilization, according to the regional plan, an applicant may submit a development plan enclosed with related documents to the municipal or county (city) government. After the application is reported to and permitted by the authority preparing the regional plan, alteration of zoning may be executed.
Before to permit the plan referred to in Subparagraph 2 of the preceding paragraph, the authority preparing the regional plan shall submit the application for development to the committee of regional plan for examination.

Article 15-2
For an application for development submitted according to Subparagraph 2, Paragraph 1 of the preceding article, where it is confirmed through examination that the following conditions are satisfied, the development may be permitted:
1. The application is suitable and reasonable for land utilization.
2. The application doesn’t infringe the land utilization or environmental protection plan established by the central, municipal or county (city) government based on the central or local autonomous laws and regulations.
3. Appropriate plans have been made for protection of environment, conservation of the nature, and prevention of disasters.
4. The application can match with the water supply, nearby traffic facilities, drainage system, electric power, telecommunication, and rubbish disposal and other public facilities, equipments and services.
5. The certificates of the rights of the lands and buildings in the area to be developed have been acquired.
The operational regulations on the above-mentioned examination shall be prescribed by the central competent authority through negotiation with related authorities.

Article 15-3
After the permission of the authority preparing the regional plan is acquired according to Subparagraph 2, Paragraph 1 of Article 15, and before classification or alteration of land utilization is executed, the applicant shall finish classification and alteration of the land-use for public facilities with in the development area, and have them registered as owned by the municipality, county (city) or township (city), and pay the development impact fees to the municipal or county (city) government for the purpose of improving or increasing public facilities; the foresaid development impact fees may be substituted by the buildable lands within the development area.
The scope and standard of the above-mentioned development impact fees as well as other related affairs shall be prescribed by the central competent authority.
A foundation may be established for the development impact fees referred to in the first paragraph; the incomes, expenditures, storage, and utilization of the foundation shall be prescribed by the municipal or county (city) competent authority.
The development impact fees referred to in the first paragraph may be levied for urban lands.

Article 15-4
For a case of application for development submitted according to Subparagraph 2, Paragraph 1 of Article 15-1, the municipal or county (city) government shall, within 60 days commencing from accepting the application, report it to the authority preparing the regional plan to handle examination for permission, and the authority shall inform the applicant about the result of examination within 90 days. However, in special occasions, it may be postponed for one time, and the term of postponement may not exceed the originally prescribed time limit.

Article 15-5
Where the municipal or county (city) government doesn’t report the case to the authority preparing the regional plan for examination according to the preceding article, the upper-level competent authority may command it to report within a specified time limit; where the government doesn’t report within in the foresaid time limit, the upper-level competent authority may directly examine and approve or disapprove the application.

Article 22-1
The authority preparing the regional plan or the upper-level competent authority may charge examination fees for examination of applications for land development pursuant to this Act, and the charging standards shall be prescribed by the central competent authority.
Article 4
The competent authorities of regional plan are the Ministry of the Interior at the central government level, the municipal governments at the central administrated municipality level, and the county (city) governments at the county (city) level.
The competent authority of each level shall establish a committee of regional plan to examine regional plans; organic regulations on the foresaid committee shall be prescribed by the Executive Yuan.

Article 5
Regional plans shall be established for the following areas:
1. Areas designated by a national integrated development plan or regional integrated development plan.
2. Areas allocated centered on the capital, municipalities, provincial capitals, or province (county) administrated cities to promote the actual urban development
3. Other areas designated by the Ministry of the Interior.

Article 6
Regional plans shall be prepared according to the following authorities:
1. A regional plan that spans two or more provinces (cities) shall be prepared by the central competent authority.
2. A regional plan that spans two or more counties (cities) shall be prepared by the central competent authority.
3. A regional plan that spans two or more townships (cities) shall be prepared by the county competent authority.
Where a plan that should be prepared according to Subparagraph 3 is not prepared, the upper-level competent authority may prepare or designate a department to prepare the plan in stead depending on the actual circumstance.

Article 7
A regional plan shall use texts and charts to describe the following matters:
1. Scope of the region
2. Natural environment
3. History of development.
4. Regional functions.
5. Predictions on population and economic growth, land utilization, transportation requirements, and resources development etc.
6. Objectives of the plan.
7. Urban and rural development patterns.
8. Development and conservation of natural resources.
9. Land-use plan and land segmentation control.
10. Regional industrial development plan.
11. Regional transportation system plan.
12. Regional public facilities plan.
13. Regional tourism and recreation facilities plan.
14. Regional environmental protection facilities plan.
15. Development sequence of facilities
16. Implementers.
17. Others.

Article 9
Regional plans shall be approved according to the procedure described below:
1. Regional plans prepared by the central competent authority shall be examined and approved by the central committee of regional plan, and reported to the Executive Yuan for recording.
2. Regional plans prepared by municipal competent authorities shall be examined and approved by municipal committees of regional plan, and reported to the central competent authority for approval.
3. Regional plans prepared by county (city) competent authorities shall be examined and approved by county (city) committees of regional plan, and reported to the central competent authority for approval.
4. Regional plans prepared by the upper-level competent authority under Paragraph 2, Article 6 shall be approved similarly pursuant to Subparagraph 1 of this article.

Article 16
Upon implementing land-use zoning control of non-urban lands according to Article 15, the municipal or county (city) government shall publicize the non-urban land-use zoning maps and the classifying results; and the classifying results shall be notified to the landowners.
Duplicated copies of the above-mentioned segmentation maps shall be distributed to the township (city) offices for storage, and for the people to read free of charge at any time.

Article 17
During implementation of a regional plan, appropriate compensation shall be provided for the damages caused by alteration of utilization or dismantling of the land ameliorants that do not meet the land-use zoning plan. The currency amount of compensation shall be agreed upon through negotiation between the two parties. In case the negotiation fails to reach an agreement, the local municipal or county (city) government shall report the case to the upper-level government for determination.

Article 18
To promote the implementation of regional plans and the construction of public facilities, the central, municipal and county (city) competent authorities may invite the related authorities, public bodies, academic institutions, mass organizations, and public or private enterprises to establish the Regional construction committee.

Article 21
Anyone who utilizes the lands with infringement of Paragraph 1 of Article 15 will be fined by the governing municipal or county (city) government a sum of NT$60,000~300,000, and will be ordered to alter or stop utilization, or dismantle the overground articles and return the lands to original conditions within a specified time limit.
In case of disobedience to the above-mentioned order of altering or stopping utilization or dismantling the overground articles and returning the lands to the original conditions, consecutive punishment may be executed for each time of infringement, and water and electric power supply will be shut off, and coercive dismantling or other measures for returning the lands to original conditions may be taken; the expenses shall be assumed by the owner, user or manager of the land or overground articles.
The fines referred to in the above two paragraphs shall be paid within the specified time limit; otherwise, the case will be transferred to the court for coercive execution.

Article 22
Anyone who infringes the provisions of the preceding article and doesn’t alter land utilization or dismantle the buildings and return the lands to original conditions within the specified time limit will be subject to the Administrative Execution Act, and will be condemned to fixed-term imprisonment or penal servitude for up to 6 months.