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英譯法規內容

法規名稱(Title) Water Act Ch
公發布日(Date) 2018.06.20
法規沿革(Legislative) Addition of Chapter 7-1 and Articles 83-2 through 83-13 and 93-9 through 93-11,and Amendment to Articles 99 promulgated on June 20, 2018 by Presidential Decree
法規內文(Content)

Chapter 7-1 Runoff Allocation and Outflow Control

Article 83-2

                   To respond to climate change and ensure the effect of existing flood control facilities, the central authority-in-charge may make a public announcement of implementation scope of the specific river basins or catchment areas of regional drainage for runoff allocation depending on the flooding potential, the degree of urban development and major constructions. The authority-in-charge shall draw up a runoff allocation plan within the given deadline and report to the central authority-in-charge for approval and public announcement before implementation. 

If the specific river basins or catchment areas of regional drainage referred to in the preceding paragraph are adjacent, the authority-in-charge may integrate them into one runoff allocation plan. If the specific river basins or catchment areas of regional drainage are under the jurisdictions of different authorities-in-charge, the authority-in-charge of the runoff allocation plan shall be designated by the central authority-in-charge.

The authority-in-charge of each level shall establish a runoff allocation review committee to formulate and review the runoff allocation plan referred to in Paragraph 1.

Regulations governing the public announcement of the specific river basins or catchment areas of regional drainage, the deadline, principles, formulation, review, and approval and public announcement of the runoff allocation plan and the organization of the runoff allocation review committee as well as other related matters shall be stipulated by the central authority-in-charge.

Article 83-3

                    The runoff allocation plan shall specific the following particulars:

  1. Scope of the plan.
  2. Overview of the plan.
  3. Objectives of the plan.
  4. Runoff allocation measures and the executive agency.
  5. Budget and schedule.
  6. Other related matters.

Runoff allocation measures referred to in Subparagraph 4 of the preceding paragraph refer to construction or controls required to achieve the objectives of the runoff allocation plan.

 

Article 83-4

                    To formulate the runoff allocation plan, the authority-in-charge shall invite the authorities-in-charge of farmland drainage, soil and water conservation, forests, sewers, urban planning, land administration or related business, the municipal or city (county) governments, scholars, experts or organizations to seek advice through holding seminars or in other appropriate ways as a reference.

The runoff allocation plan covering indigenous people’s land or tribes and surrounding public land within a certain range shall be governed by Article 21 of the Indigenous Peoples Basic Law.

After formulating the runoff allocation plan, the central authority-in-charge shall exhibit it in public for 30 days and organize a public hearing; the date and location of the public exhibition and public hearing shall be published in the government gazette or newspapers, online or in other appropriate ways. Individuals or organizations may give opinions in writing to the central authority-in-charge with their names and addresses specified during the public exhibition; when reporting the runoff allocation plan to the central authority-in-charge for review, the authority-in-charge shall state their responses to the aforementioned opinions for reference.

 

Article 83-5

                     When developing the relevant industry, the executive agency shall apply the runoff allocation measures based on the runoff allocation plan prior to the land reserved for watercourses, drainage or public facilities or public land. 

When the land referred to in the preceding paragraph is unavailable, private land may be expropriated in accordance with the Land Expropriation Act.

 

Article 83-6

                     If one of the following circumstances occurs after the runoff allocation plan is implemented, the authority-in-charge may review and modify it as required:

  1. Significant changes in hydrological conditions or topography or damage to public facilities due to natural disasters or other major events.
  2. A major public facility or utility plan developed by the government.
  3. The formulation or modification of the national spatial plan, regional plan or urban plan.

The procedures for modifying the runoff allocation plan referred to in the preceding paragraph shall be governed by the procedures prescribed in Articles 83-2 and 83-4.

 

         

Article 83-7
When runoff increases due to the land development and utilization at a certain scale or above, the obligator shall apply to the central authority-in-charge of relevant industry with the outflow control plan presented; then, the central authority-in-charge of relevant industry will forward the application to the municipal or city (county) authority-in-charge which the land is under the jurisdiction of for approval.

The obligator referred to in the preceding paragraph refers to the developer, operator, user or owner of the land.

If the land development and utilization referred to in Paragraph 1 is under the jurisdiction of a central agency, the outflow control plan shall be approved by the central authority-in-charge.

Before the outflow control plan is approved, an authority-in-charge of relevant industry shall not issue the permit to develop and use the land referred to in Paragraph 1 without permission.

After the outflow control plan is approved, the obligator shall construct, use, manage and maintain the land based on the approved plan; after completion, the obligator shall check regularly and keep records of the checks and submit the records to the municipal or city (county) authority-in-charge for review; the municipal or city (county) authority-in-charge may supervise and audit the construction, use, management and maintenance of the outflow control facilities.

In case of a certain degree of differences between the actual construction, use, management and maintenance of outflow control facilities and the approved outflow control plan due to any changes in land development and utilization or natural factors, the obligator shall apply for the change in the outflow control plan according to the procedures prescribed in Paragraph 1.

The outflow control plan shall include the following particulars:

1. Overview of land development and utilization.

2. Survey of the base status.

3. A peak discharge reduction scheme.  

4. A construction plan and a use, management and maintenance plan.

5. Other related documents.

If the particulars referred to in the preceding paragraph have been implemented according to the outflow control proposal approved in accordance with Article 83-8 without any changes, they may be exempt from review.

Regulations governing a certain scale of land development and utilization, the submission, review, approval, records of checks and supervision and audit of the outflow control plan and a certain degree of differences between the outflow control facilities and the approved plan as well as the changes in the outflow control plan and other related matters shall be stipulated by the central authority-in-charge.

 

 

Article 83-8

                 If the land development and utilization referred to Paragraph 1 of the preceding article involves the application for the change in non-urban-land-use zoning in accordance with the Regional Plan Act or the application for the change in the urban-land-use zoning or the land reserved for public facilities, the obligator shall, in addition to acting in accordance with the regulations of the preceding article, apply to the authority-in-charge of relevant industry in advance with the outflow control proposal presented to ensure sufficient space of land development and utilization for outflow control facilities; then, the authority-in-charge of relevant industry will forward the application to the municipal or city (county) authority-in-charge which the land is under the jurisdiction of for approval. 

 

If the land development and utilization referred to in the preceding paragraph is under the jurisdiction of a central agency, the outflow control plan shall be approved by the central authority-in-charge.

 

Before the outflow control proposal is approved, the authority-in-charge of land change shall not change the land zoning or use referred to in Paragraph 1 without permission.

 

The outflow control proposal shall include the following particulars:

1. Overview of land development and utilization.

2. Survey of the base status.

3. A peak discharge reduction scheme.  

4. Other related documents.

Regulations governing the submission, review and approval of the outflow control proposal and other related matters shall be stipulated by the central authority-in-charge.

 

Article 83-9

                   The peak discharge reduction scheme referred to in the preceding two articles shall be able to reduce the peak discharge increasing due to the land development and utilization, making the peak discharge after the land development under the inspection standards lower than that before the land development.

The Check Criteria referred to in the preceding paragraph and the calculation method for peak flow shall be announced by the central authority-in-charge.

 

Article 83-10

                        When the land development and utilization is determined by the municipal or city (county) authority-in-charge which the land is under the jurisdiction of to meet one of the following conditions, the obligator shall be exempt from acting in accordance with the regulations prescribed in Articles 83-7 and 83-8:

  1. Where the entire scope is included in a soil and water conservation plan or the parts not included in the soil and water conservation plan do not reach a certain scale referred to in Paragraph 1 of Article 83-7;
  2. Flood control facilities, water reservation or tidal wave control construction developed by an authority-in-charge of relevant industry; or
  3. Public construction developed in response to disasters or major events.

If the land development and utilization is under the jurisdiction of a central agency prescribed in Articles 83-7 and 83-8, the determination referred to in the preceding paragraph shall be made by the central authority-in-charge.

Regulations governing the determination of the obligator’s exemption from acting in accordance with the regulations prescribed in Articles 83-7 and 83-8, as prescribed in Paragraph 1, shall be stipulated by the central authority-in-charge.

Article 83-11

                     When an authority-in-charge reviews the outflow control plan or outflow control proposal and its change in accordance with the regulations prescribed in Articles 83-7 and 83-8, a review fee shall be charged according to the standards stipulated by the central authority-in-charge.

 

Article 83-12

                    An authority-in-charge or a municipal or city (county) authority-in-charge may commission a professional institution or organization, such as hydraulic professional engineers, soil and water conservation professional engineers or civil professional engineers, to review the outflow control plan or outflow control proposal or supervise and audit the outflow control facilities, respectively.

The outflow control plan or outflow control proposal shall be conducted certification by the professional engineers, such as hydraulic professional engineers, soil and water conservation professional engineers or civil professional engineers.

 

Article 83-13

                       New or rebuilt buildings shall be equipped with permeable, water retaining or flood detention facilities. The scope and capacity of the aforementioned facilities shall be stipulated by the central authority-in-charge of buildings in accordance with the building laws and regulations. 

 

Article 93-9

                  When a municipal or city (county) authority-in-charge supervises and audits the outflow control facilities in accordance with the regulations prescribed in Paragraph 5 of Article 83-7 and considers them in violation of the approved outflow control plan, the authority-in-charge may send a representative to access the business operation site, the building or land and audit the construction, use, management and maintenance of the outflow control facilities, and may have related parties give necessary explanations, adopt required measures or provide related materials, which the party being audited shall not circumvent, obstruct, or reject. When there are substantial facts to prove the violation of the approved outflow control plan and circumvention, obstruction or rejection of the audit, the municipal or city (county) authority-in-charge may access the business operation site, the building or land compulsorily; however, access to the land reserved for national defense facilities shall be subject to the approval of the authority-in-charge of the land reserved for national defense facilities.

Auditors referred to in the preceding paragraph shall spontaneously show their ID or symbols sufficient for identification while accessing the public or private land or buildings to perform the investigation or survey, and shall inform the obligator 7 days prior to the implementation of the audit.

Circumvention, obstruction or rejection of the audit referred to in Paragraph 1 or Circumvention, obstruction or rejection to give explanations, adopt required measures or provide related materials shall be subject to a fine of NT$10,000 to NT$50,000 imposed by the municipal or city (county) authority-in-charge, and the punishment is applicable per violation along with the compulsory audit.

 

Article 93-10

                      Those developing and using the land before the approval of the outflow control plan in violation of the regulations prescribed in Paragraph 1of Article 83-7 will be fined by the municipal or city (county) authority-in-charge at the amount between NT$300,000 and NT$1,500,000 and ordered to terminate the land development and utilization; those not submitting the outflow control plan shall submit it within the given deadline in accordance with the regulations prescribed in Article 83-7.

Those who are ordered by the municipal or city (county) authority-in-charge to terminate the land development and utilization but fail to do so may be fined at the amount between NT$50,000 and NT$100,000 per violation, and the facilities or machinery used by the obligator may be confiscated.

 

Article 93-11

                      If the obligator fails to construct, use, manage or maintain the outflow control facilities according to the approved outflow control plan prescribed in Paragraph 5 of Article 83-7 and does not improve within the deadline ordered by the municipal or city (county) authority-in-charge, a fine of NT$100,000 to NT$500,000 will be imposed and the punishment is applicable per violation.

 

Article 99

               This Act shall become effective as of the date of its public announcement.

Amendments to this Act made on May 29, 2018 shall become effective on the date stipulated by the Executive Yuan.