Article 1
This Act is enacted to improve the geological survey system, to effectively manage
geological data of national land, and to establish basic geological information
related to changes in the nation’s environment and to land resources management.
Article 2
For the purposes of this Act, the term “competent authority” means the Ministry of
Economic Affairs at the central government level, the special municipality at the
municipal level, or the county/city government at the county/city level.
Article 3
The special terms used in this Act are defined as follows:
1. Geology—The term “geology” means the materials constituting the earth, the
natural processes arising out of the earth’s evolution, as well as the landforms,
landscapes, phenomena, and environments created by the natural processes.
2. Geological hazard—The term “geological hazard” means natural or
human-induced earthquake, tsunami, volcanic eruption, fault activity, landslide,
debris flow, land subsidence, coastal change, or disaster induced by geological
processes.
3. Basic geological survey—The term ”basic geological survey” means a
geological survey conducted for the purpose of establishing regional geological
database and compiling geological maps.
4. Geological resources survey—The term “geological resources survey” means a
geological survey for energy, ore deposits, soil and rock materials, surface water,
groundwater, and other resources.
5. Geological hazards survey—The term “geological hazards survey” means a
geological survey conducted for the purpose of establishing geological database
related to geological hazards, assessing potential geological hazards, and
preventing geological hazards.
6. Geological Site investigation—The term “geological site investigation” means
a geological investigation of a region of interest in relation for a specific purpose.
7. Land development activity—The term “land development” means resource
development, land development and utilization, engineering construction, waste
disposal, natural hazard remediation, or legally required planning, design, and
construction in connection with land development.
8. Geological data management—The term “geological data management” means
the collection, entry, collation, cataloging, storage, search and inquiry, publication,
and circulation of materials obtained in geological surveys in various forms
including records, text, images, maps, photographs, drilled cores and samples.
Article 4
In order to establish a national geological database, the central competent authority
shall organize national geological surveys, the content of which shall be as follows:
1. National basic geological survey.
2. National geological resources survey.
3. National geological hazards survey.
4. Other geological surveys approved by the central competent authority.
Content of the national geological surveys in the preceding paragraph shall be
comprehensively reviewed at least once every 5 years
Article 5
The central competent authority shall publicly announce areas with special
geologic scenery, special geological environments,or potential geological
hazards to be geologically sensitive areas.
Regulations governing the delineation, amendment, and revocation of geologically
sensitive areas shall be prescribed by the central competent authority.
The central competent authority shall organize a geologically sensitive areas
review committee to review the delineation, amendment, and revocation of
geologically sensitive areas.
Not less than half of the membership of the review committee mentioned in the
preceding paragraph shall consist of specialists and scholars. The organizational
and operational regulations of the review committee shall be prescribed by the
central competent authority.
Article 6
The regulatory authorities for all relevant sectors shall incorporate data pertaining
to geologically sensitive areas for reference in land utilization plans, land
development reviews, hazard prevention and mitigation, environmental protection,
and resource development.
When existing land within a geologically sensitive area is placed under
management as a result of the regulatory authorities exercising their powers, the
applicable provisions of those laws and regulations shall govern for the purposes of
compensation.
Article 7
All regulatory authorities for relevant sectors involved in public construction shall
keep the competent authority informed of the planning and site selection for any
major public construction projects under their jurisdiction.
The definition of “major public construction projects” in the preceding paragraph
shall be as determined by the central competent authority in collaboration with the
Public Construction Commission and the Council for Economic Planning and
Development, Executive Yuan.
Article 8
Should a site of land development activity fall in whole or in part within a
geologically sensitive area, it shall first undergo a geological site investigation and
geological safety assessment before an application for land development is filed.
But this requirement does not apply to emergency disaster relief plans.
For development activity for land that is not in areas referred to in the preceding
paragraph, a geological investigation shall be conducted in accordance with
applicable laws and regulations.
Article 9
For geological site investigations and geological safety assessments under
paragraph 1 of the preceding Article, one of the following methods shall be
adopted, according to the circumstances:
1. Examine existing available data, and perform the geological safety assessment
on that basis.
2. Carry out an on-site investigation, and perform the geological safety assessment
on that basis.
Regulations setting out matters for compliance in connection with the
methodology determinations, survey or assessment items, content, and procedures
of site geological investigations and geological safety assessments under the
preceding paragraph will be prescribed by the central competent authority in
consultation with the relevant regulatory authorities.
Article 10
Geological Site investigations and geological safety assessments conducted under
paragraph 1 of Article 8 shall be performed and attested by duly registered and
practicing professional applied geological engineers, professional geotechnical
engineers, professional civil engineers, professional mining engineers, professional
hydraulic engineers, professional soil and water conservation engineers, or
professional engineers permitted under the provisions of the Professional
Engineers Act to practice geology.
When a geological site investigation or geological safety assessment is to be
conducted independently by a regulatory authority for a relevant sector, by a
public enterprise, or by a public legal person, it may be conducted by a person
within that agency, enterprise, or legal person who has duly obtained certification
as a professional engineer in the corresponding discipline.
Article 11
Those required to conduct geological site investigations and geological safety
assessments under paragraph 1 of Article 8 shall include the survey and assessment
findings in any documents and figures required to be submitted for review under
applicable laws and regulations.
Reviewing agencies shall invite geologists, or practicing professional engineers as
specified in paragraph 1 of the preceding Article, to participate in reviews, or
entrust professional bodies to perform the reviews. However, agencies capable of
performing reviews themselves are not constrained by this requirement.
Article 12
In order to monitor and study the occurrence of geological hazards, competent
authorities may install geologic monitoring facility.
Article 13
For those land development activities which geological site investigations and
geological safety assessments are required to be conducted under paragraph 1 of
Article 8, the developers, operators, users, or owners of the land shall take
preventive measures to guard against the occurrence of any geological hazards
during the construction or usage stage.
Article 14
The competent authority or the regulatory authorities for relevant sectors may
entrust professional engineers or related agencies (or institutions) to survey and
appraise geological hazards.
The central competent authority shall determine the qualifications and conditions
of persons or bodies entrusted under the preceding paragraph, and the methods
used in the surveys and appraisals.
Article 15
The competent authority may send inspectors to enter land, whether public or
private, to carry out necessary geological surveys, installation of geological
monitoring equipments, or geological hazard appraisals.
The competent authority, in response to an occurred or perceived geological hazard
on land that could threaten a public safety hazard, may send inspectors to enter
onto the land, whether public or private, to carry out a geological survey or hazard
appraisal. The landowners, users, or operators may not refuse, evade, or obstruct
such entry, survey, or appraisal. In the case of entry onto land used for national
defense facilities, however, consent must be solicited from the competent authority
for the land used for the national defense facility.
When carrying out tasks under the two preceding paragraphs, the inspectors shall
present the documents supporting the exercise of their duties or display adequate
identifying insignia.
When carrying out tasks under paragraphs 1 and 2, if damage to land or superficies
is inevitable, the competent authority shall inform the landowners, users, or
managers in writing in advance. Any property damage so incurred shall be
appropriately compensated.
Article 16
To carry out preventive and mitigating measures in geologically sensitive areas
pursuant to applicable laws and regulations, the central competent authority and
the central regulatory authorities for relevant sectors may adopt annual plans and
budgets.
Article 17
Government agencies, public enterprises, or government subsidized or
incentivized institutions, associations, schools, or individuals conducting
geological surveys shall, after the survey procedures have been completed, provide
to the central competent authority the geological data related to the geological
surveys, and shall properly preserve for a certain period of time the raw geological
data produced in the process of geological surveys. The central competent
authority may notify and require that the raw geological data be provided.
After a land development plan has passed review or a construction permit has been
issued, the regulatory authority for the relevant sector shall compile and forward
on a regular basis to the central competent authority the geological data related to
the land development activity. The owners of geological data shall properly
preserve the raw geological data for a set period of time. The central competent
authority may notify the data owners to provide the raw geological data, and
compensate them appropriately.
The geological data under the preceding two paragraphs may, if there is special
reason, be exempt from surrendering the data, upon approval by the central
competent authority.
The central competent authority shall compile and manage the geological data
under paragraphs 1 and 2, build databases, and periodically take the initiative to
make them public, or provide them to members of the public upon request.
Regulations governing the scope, preservation time periods, management,
compensation, and database utilization for geological data under the preceding
four paragraphs shall be prescribed by the central competent authority.
Article 18
The central competent authority shall conduct geological and related research.
Municipal or county/city competent authorities may conduct geological and
related research.
The competent authorities may entrust agencies (or institutions), associations,
schools, or individuals to perform the research as stipulated in the preceding two
paragraphs.
Article 19
For the purpose of promoting geological education and raising the public’s
consciousness of the geological environment, the competent authorities may
provide incentives for related activities promoting geological education to the
public conducted by agencies (or institutions), associations, schools, and
individuals.
Article 20
Those who evade, obstruct, or refuse a geological investigation or geological
hazard appraisal as conducted by the competent authority under paragraph 2 of
Article 15 shall be subject to an administrative fine of not less than NT$100,000
and not more than NT$500,000.
Article 21
Offenders who have committed violation of paragraph 1 or 2 of Article 17 by
failing to provide geological data within a specified period upon being notified by
the central competent authority to do so shall be subject to an administrative fine
of not less than NT$10,000 and not more than NT$50,000, and a fine may be
imposed for each instance of violation.
Article 22
The date for the enforcement of this Act shall be determined by the Executive
Yuan.
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