MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Chapter 1  General Provisions

Article 1
This Act is enacted for the purposes of soil and water 
conservation treatment and maintenance, conserving soil and 
water resources, reducing the possibility of disasters, 
promoting the reasonable land use, and enhancing people’s 
welfare.
Soil and water conservation is governed by this Act. Issues not 
addressed by this Act will be governed by other acts.


Article 2
For purposes of this Act, the term " competent authority" 
denotes the Council of Agriculture, Executive Yuan at the 
central level, special municipality at the municipal level, and 
county/city government at the county/city level.


Article 3
For purposes of this Act, the following special terms or phrases 
are defined as below:
1.Soil and water conservation treatment and maintenance: the 
  application of engineering, agronomic or vegetative measures 
  to protect soil and water resources, maintain natural ecology 
  and landscape, and prevent erosion, landslide, debris flow, 
  and other disasters.
2.Soil and water conservation plan: a plan on soil and water 
  conservation treatment and maintenance.
3.Slopeland: state-owned forestry area, forest land for 
  experimentation, protection forest land and public and private 
  land conforming to either of the following which the central 
  the central level or municipality competent authority 
  identifies in accordance with the natural terrain, 
  requirements of the administrative regions, and requirement 
  for conservation and utilization, and which are approved and 
  publicly announced by the Executive Yuan upon application of 
  the central or municipal competent authority:
 (1)With an elevation of 100 meter or above; or
 (2)With an elevation below 100 meter but average slope 5% or 
    more.
4.Watershed: area above a given point of stream and river where 
  the natural flow of water converges.
5.Designated soil and water conservation area: area designated 
  by the central or municipality competent authority where soil 
  and water conservation treatment and maintenance must be 
  strengthened.
6.Reservoir watershed: area within the watershed of a reservoir 
  or dam (including the outlet of an off-channel reservoir).
7.Protection belt: land not suitable for farming within a 
  designated soil and water conservation area which shall be 
  afforested with legally prescribed tree species or in which 
  natural forest growth or vegetation cover shall be maintained.
8.Protection forest: as defined in the Forest Act.


Article 4
Where soil and water conservation must be treated and maintained 
pursuant to this Act with respect to the operation or use of 
public or private land, the land operator, user or owner are the 
soil and water conservation obligors under this Act.


Article 5
The central or municipality competent authority, where 
necessary, may designate the authority responsible for specific 
business, a public business institution, or public entity to 
supervise and manage soil and water conservation treatment and 
maintenance in connection with the construction of a reservoir, 
development of communities, or other major engineering projects.


Article 6
Where the soil and water conservation treatment and maintenance 
is of a certain scale or above as designated by the central 
competent authority, the project shall be planned, designed and 
supervised by soil and water conservation technicians, civil 
engineering technicians, Hydraulic engineering technicians, land 
engineering technicians, and other relevant professional 
engineers legally registered and practicing, or by the relevant 
technical consulting institutions employing the above 
professional engineers. Where the project is to be implemented 
by the government authority at any level, a public business 
institution, or a public entity on its own, such planning, 
design and supervision may be undertaken by persons in the above 
authority, institution or entity who have obtained by act the 
technician's license in a comparable category.


Article 6-1
If the project sum of any investigation, planning, design or 
supervision of soil and water conservation treatment and 
maintenance as undertaken by a soil and water conservation 
technician, civil engineering technician, water conservancy 
engineering technician, land engineering technician, or 
technical consulting institution employing any of the above 
professional engineers, which involves agricultural or 
vegetation methods or measures, accounts for 30% or more of the 
entire project, the competent authority shall request that the 
technician in charge be certified by a soil and water 
conservation technician possessing the particular expertise.


Article 7
The central competent authority shall strengthen the promotion, 
education, counseling and experimental research of soil and 
water conservation, and devise plans in conjunction with the 
relevant authorities for implementation.


Chapter 2  General Soil and Water Conservation Treatment and Maintenance

Article 8
The treatment, management and usage of the following areas 
shall, after investigation and planning, be subject to the soil 
and water conservation treatment and maintenance in accordance 
with the Soil and Water Conservation Technical Specifications:
1.Watershed treatment.
2.Development and use of farmland, forest land, fishing land and 
  meadowland.
3.Prospecting of mineral deposits, mining, well digging,    
  quarrying, or establishment of relevant ancillary facilities.
4.Repair and building of railroads, highways, other roads or 
  ditches etc.
5.Development of land for construction, or establishment of 
  parks, graves, pleasure grounds, sports grounds or military 
  training grounds, or piling of sand and gravel, treatment of 
  waste, or other excavation and soil preparation, on slopeland 
  or within a forest zone.
6.Averting of erosion or landslide of coasts, the riparian zones 
  of lakes and reservoirs, or banks of waterways.
7.Checking of winds, control of sand, and averting of disasters 
  in deserts, sand beaches, sand dunes or windy regions.
8.Administration of protection areas under urban planning.
9.Other soil and water conservation treatment and maintenance as 
  required to maintain soil and water resources and the quality 
  thereof or to control disasters due to the development and use 
  of land.
The technical regulations for soil and water conservation 
mentioned in the preceding paragraph will be announced by the 
central competent authority.


Article 9
River watershed shall be subject to the overall administration 
and planning of the competent authority in conjunction with the 
relevant authorities. Mid- term and long-term administration 
planning must be devised based on the requirement for the 
conservation of soil and water resources and the reasonable use 
of land, submitted to the central competent authority for 
approval, and implemented by each relevant authority, 
institution or soil and water conservation obligor by stages and 
by regions.
Watershed mentioned in the preceding paragraph will be 
designated by the central competent authority in conjunction 
with the relevant authorities.


Article 10
The soil and water conservation of slopeland that is suitable 
for farming or herding purpose shall, when such land is used for 
said purpose, be treated and maintained by the soil and water 
conservation obligor in line with the watershed administration 
plan or farming and herding area development plan.


Article 11
The soil and water conservation of national or public forest 
zones shall be planned, treated and maintained by the forest 
operation and management authority. The soil and water 
conservation of private forest zones shall be treated and 
maintained by soil and water conservation obligor under the 
guidance of the local forestry competent authority.


Article 12
A soil and water conservation obligor engaging in the following 
acts on slopeland or in a forest zone shall draft a soil and 
ater conservation plan and submit the same to the competent 
authority for approval. If by act an environmental impact 
assessment is necessary, the soil and water conservation obligor shall further submit the result of environmental impact assessment for approval.
1.Repair or building of farm roads, or slope preparation, as required for the development and use of farmland, forest land, fishing land, and meadowland.
2.Prospecting of mineral deposits, mining, well digging, quarrying, or establishment of relevant ancillary facilities.
3.Repair and building of railroads, highways, other roads or ditches etc.
4.Development of land for construction, or establishment of parks, graves, pleasure grounds, sports grounds or military training grounds, or piling of sand and gravel, treatment of waste, or other excavation and soil preparation.

No authority responsible for specific business shall directly issue a development or use permit until the soil and water conservation plan mentioned in the preceding paragraph is approved by the competent authority.

Where pursuant to the applicable acts and regulations governing regional planning an application for engaging in any of the acts described in the subparagraphs of the first paragraph is subject to the review of the authority formulating the regional planning, a soil and water conservation proposal must first be drafted and then submitted through the authority responsible for specific business to the competent authority on the same level of said authority formulating the regional planning, for review and approval. The soil and water conservation proposal may be reviewed along with the environmental impact assessment in a parallel manner.

A simplified soil and water conservation statement may be submitted in lieu of a soil and water conservation plan with respect to any of the acts described in the subparagraphs of the first paragraph if such act falls in a category designated by the central competent authority with a scale smaller than that specified by the competent responsible authority. The above category and scale will be determined by the central competent authority

Article 13
 (Deleted)


Article 14
With respect to land within a national park that must be subject 
to the soil and water conservation treatment and maintenance, 
the relevant soil and water conservation obligor shall draft a 
soil and water conservation plan and submit the same to the 
competent authority for approval in conjunction with the 
national park management authority. Such plan shall be 
implemented and maintained by the soil and water conservation 
obligor under the supervision of the competent authority in 
conjunction with the national park management authority.


Article 14-1
The competent authority shall charge an examination fee for 
reviewing and approving a soil and water conservation plan or 
soil and water conservation proposal in accordance with Article 
12. The rate will be determined by the central competent 
authority.
Regulations governing the content, application procedure, review 
and approval procedure, supervision, issue and abolition of soil 
and water conservation work permit, approval of work schedule, 
reporting of commencement of work, reporting of completion of 
work, issue of certificate of completion, and modification etc. 
with respect to a soil and water conservation plan, soil and 
water conservation proposal or simplified soil and water 
conservation statement, will be determined by central level 
responsible authority.


Article 15
The soil and water conservation obligor of slopeland suitable 
for farming or herding purpose, if not the landowner, shall 
treat and maintain the soil and water conservation of the land 
it uses, in accordance with the requirements of the competent 
authority. If the Soil and Water Conservation Technical 
Specifications are confirmed upon inspection to be conformed to, such obligor may advise the owner of the handling fee and government subsidy as well as the ratio paid by the obligor in writing. Such owner will accordingly pay compensation based on the current value ratio less the government subsidy upon the surrender of the land, unless the soil and water conservation treatment and maintenance fee is otherwise governed by act or by agreement between the owner and the soil and water conservation 
obligor.
Any dispute over the handling fee and current value under the 
preceding paragraph is subject to mediation by the municipal, 
county or city competent authority.


Chapter 3  Special Soil and Water Conservation Treatment and Maintenance

Article 16
The following areas shall be delimited as designated soil and 
conservation areas:
1.Reservoir watershed; and
2.River watershed that are subject to special protection; and
3.Coasts, the riparian zones of lakes and reservoirs, or banks 
  of waterways that are subject to special protection; and
4.Sand dunes, sand beaches etc. that are under serious wind 
  erosion; and
5.Steep slopeland that is likely to jeopardize public safety; 
  and
6.Other areas with a grave impact on soil and water 
  conservation.
The designated soil and conservation area under the preceding 
paragraph shall be established by the central or special 
municipality competent authority or managed by the designated 
management authority.


Article 17
Designated soil and conservation areas will be delimited and 
publicly announced by the central competent authority if located 
in a country/city administrative region or in an administrative 
region straddling across two or more special municipalities and 
counties/cities; if located in a special municipal 
administrative region, such areas will be delimited by the 
special municipality competent authority and, upon the request 
of the special municipality competent authority, publicly 
announced by the central competent authority.
The guidelines for delimiting and abolishing the designated soil 
and conservation areas under the preceding paragraph will be 
determined by the central competent authority.


Article 18
The management authority shall draft a long-term soil and water 
conservation plan with respect to a designated soil and water 
conservation area, and submit the same to the central competent 
authority directly or through the special municipality competent 
authority, for approval and implementation.
The long-term soil and water conservation plan under the 
preceding paragraph shall be subject to thorough review once 
every five years and may be modified subject to practical need. 
Where specially necessary, an application may be made at any 
time to the central competent authority directly or through the 
special municipality competent authority for approval of 
modification.


Article 19
The long-term soil and water conservation plan with respect to 
any type of area delimited as a designated soil and water 
conservation area shall focus on the following:
1.Reservoir watershed: conservation of water resources; control 
  of erosion, landslide, debris flow; purification of water 
  quality; maintenance of the natural ecological environment.
2.Watershed: protection of soil and water resources; control of 
  erosion and landslide; prevention of flooding; maintenance of 
  the natural ecological environment.
3.Coasts, the riparian zones of lakes and reservoirs, or banks 
  of waterways: prevention of landslide and erosion; maintenance 
  of the natural ecological environment; protection of 
  neighboring land.
4.Sand dunes, sand beaches: wind break and sand fixation.
5.Other areas: as specified by the competent authority subject 
  to practical need.
No development activities are allowed in any type of area 
delimited as a designated soil and water conservation area, 
except, subject to the approval of the central competent 
authority, major infrastructure associated with water sources 
that involves neither a change in terrain features of a specific 
scale or above nor a natural recreation area approved after 
environmental impact assessment review.
The change in terrain features of a specific scale or above, as 
mentioned in the preceding paragraph, will be identified by the 
central competent authority in conjunction with the relevant 
authorities.


Article 20
With respect to the reservoir watershed that is delimited as a 
designated soil and water conservation area, the management 
authority shall establish a protection belt from the top of the 
water line of the reservoir to 30m or 50m from the water level. 
The protection belts of other designated soil and water 
conservation areas will be established subject to the approval 
of the central competent authority upon the request of the 
management authority based on practical need.
Any private land and public land within a protection belt as 
mentioned in the preceding paragraph may be subject to 
condemnation and appropriation respectively; in the event of 
land already leased, the lease shall be terminated and the land 
re-claimed.
The area above the protection belt of the reservoir watershed, 
as mentioned in the first paragraph, being a forest shall be 
designated as protection forest and governed by the applicable 
provisions of the Forest Act.


Article 21
The management authority may restrict or ban the gainful use of 
land within a protection belt mentioned in the preceding Article 
that has not been condemned or re-claimed, or may designate the 
method of operation and protection of such land.
The protection belt mentioned in the preceding paragraph being a 
forest shall be designated as protection forest and governed by 
the applicable provisions of the Forest Act.
The private landowner or the holder of any ground objects under 
the first paragraph may claim compensation for any loss 
suffered. The compensation shall be based on a fair, reasonable 
price.
Regulations for the claim and payment of compensation under the 
third paragraph will be determined by the central competent 
authority and submitted to the Legislative Yuan for approval and 
the files.


Chapter 4  Supervision and Management
Article 22
If slopeland utilization exceeding prescribed limits or if land 
is not used pursuant to Article 10 or soil and water 
conservation is not treated and maintained in accordance with 
the Soil and Water Conservation Technical Specifications when 
farming, forestry, fishing, or herding activities are being 
conducted, the special municipality or county/city competent 
authority will request, in conjunction with the relevant 
authorities, the soil and water conservation obligor to cure 
within a prescribed time limit. Where no cure is made within the 
time limit prescribed or where soil and water conservation 
treatment and maintenance does not conform to the Soil and Water 
Conservation Technical Specifications, the relevant authorities 
may be requested to take any of the following actions:
1.Where the land for lease or sale or in which farming right has 
  been registered is public land, the lease, sale or farming 
  right will be terminated or revoked and the land will be re-
  claimed and dealt with separately; in the event of land for 
  sale, the land price already paid will be confiscated;
2.Where the land borrowed or appropriated is public land, it 
  will be re-claimed by the original owner or management 
  authority; and
3.Where the land is private land, the development thereof will 
  be ceased.
Any ground objects under any of the preceding subparagraphs will 
be harvested or handled by the operator, user or owner within 
the prescribed time limit, otherwise, the egulatory authority 
may directly clear such objects in conjunction with the land 
management authority; The Forest Act shall further apply in the 
event of national or public forest land for lease.


Article 23
Where soil and water conservation is not treated and maintained 
in accordance with the soil and water conservation plan approved 
pursuant to any of Articles 12 to 14, the competent authority 
will, in addition to imposing punishment successively pursuant 
to Article 33, request in conjunction with the authority 
responsible for specific business, the soil and water 
conservation obligor to cure within a prescribed time limit. 
Where no cure is made within the time limit prescribed or where 
soil and water conservation treatment and maintenance still does 
not conform to the Soil and Water Conservation Technical 
Specifications, the soil and water conservation obligor shall be 
ordered to suspend work, compulsory demolition will be imposed, 
or the relevant permit will be revoked, and use of completed 
portions may further be suspended.
Where development is carried out without first drafting a soil 
and water conservation plan and submitting the same to the 
competent authority for approval in accordance with any of 
Articles 12 to 14, the competent authority shall, in addition to 
imposing punishment successively pursuant to Article 33, order 
work suspension and may confiscate the facilities and machinery 
and tools used, impose compulsory demolition and clear the work 
objects, at the expense of the operator, user or owner; 
applications for development of the particular land will also be 
suspended for two years from the date of the initial punishment.
Maintenance of roads or facilities already completed will be 
governed by the preceding two paragraphs mutatis mutandis.


Article 24
The development, operation or use under subparagraphs 3 to 5 of 
the first paragraph of Article 8 is subject to the payment of a 
soil and water conservation bond. Regulations for the payment, 
custody and utilization of such bond will be determined by the 
central competent authority in conjunction with the authority 
responsible for specific business.
The bond under the preceding paragraph will be returned if soil 
and water conservation has been treated and maintained as 
required and such treatment and maintenance has been confirmed 
upon inspection to conform to the Soil and Water Conservation 
Technical Specifications.
If under the circumstance mentioned in either of the preceding 
two Articles no cure is made within the time limit prescribed or 
the soil and water conservation treatment and maintenance does 
not conform to the Soil and Water Conservation Technical 
Specifications, the competent authority shall perform in 
conjunction with the authority responsible for specific business 
and charge a fee from the soil and water conservation obligor or 
deduct the fee from the bond paid by said obligor.


Article 25
The competent authority may, for the purposes of soil and water 
conservation treatment and maintenance, appropriate the 
necessary public land or condemn the necessary private land. 
Where it is necessary to condemn land for emergency treatment, 
the competent authority may, subject to the approval of the 
Executive Yuan, first use the land.


Article 26
The competent authority may appropriate any materials, supplies, 
labor and land required for emergency repair, and remove any 
obstacles, for the purpose of soil and water conservation 
treatment and maintenance on an emergency basis for the sake of 
public safety.
The competent authority shall subsequently make considerable 
compensation for the appropriation of materials, supplies, labor 
and land and removal of obstacles under the preceding paragraph, 
and may request the superior competent authority for 
determination in the event of disagreement over the 
compensation.


Article 27
The competent authority may exercise police powers in taking 
emergency action and banning work in areas that are, by this 
Act, subject to soil and water conservation treatment and 
maintenance, and may further seek assistance from the military 
and police in the local area where necessary.


Chapter 5 Budget and Funding

Article 28
The competent authority and relevant authority at any level 
shall make annual budgeting and raise funds for the treatment 
and maintenance, promotion, education, counseling, experimental 
research, and other work relevant to soil and water 
conservation.


Article 29
A project budget for the construction of reservoirs or the 
building and repair of railroads, highways, other roads or 
ditches, shall include a budget for the administration of 
watershed or for the soil and water conservation treatment and 
maintenance of roads.


Article 30
The government shall make an annual budget for improving soil 
and water conservation treatment and maintenance, as follows:
1.Financing for soil and water conservation treatment and 
  maintenance;
2.Budgeting for emergency soil and water conservation treatment 
  and maintenance;
3.Subsidies for the investigation, research and technical 
  improvement of soil and water conservation;
4.Budgeting for the promotion of international exchange and 
  cooperation in soil and water conservation; and
5.Other items associated with soil and water conservation 
  treatment and maintenance.


Chapter 6  Penal Provisions

Article 31
The competent authority will provide appropriate subsidy or 
relief under any of the following circumstances:
1.Where loss is suffered from soil and water conservation 
  treatment and maintenance for the sake of public safety;
2.Where loss is suffered from the exchange of land or relocation 
  due to soil and water conservation treatment and maintenance; 
  or
3.Where casualties result from emergency soil and water 
  conservation treatment and maintenance under Article 26.
  

Chapter 7  Penal Provisions

Article 32
Anyone cultivating, occupying, or developing, operating or using 
as in subparagraphs 2 to 5 of the first paragraph of Article 8, 
public or private slopeland, a national or public forest zone, 
or others' private forest zone, without consent, as a result of 
which soil and water is lost or facilities for soil and water 
conservation treatment and maintenance are damaged or destroyed, 
will be punished with imprisonment not less than six months and 
not more than five years and may further be fined not more than 
NT$600,000; provided, however, that the punishment may be 
mitigated or even waived where the circumstances are obviously 
pitiful.
Where the above circumstances result in a disaster, the 
imprisonment will be increased by half. If death is caused to 
another, the imprisonment will be not less than five and not 
more than twelve years and a fine of not more than NT$1,000,000 
may be additionally imposed. Where grave injury is sustained, 
the imprisonment will be not less than three and ten years and 
not more than a fine of not more than NT$800,000 may be 
additionally imposed.
Anyone committing an offense under the first paragraph out of 
negligence that results in a disaster will be imprisoned for not 
more than one year and may be additionally fined not more than 
NT$600,000.
An attempt to commit an offense specified in the first paragraph 
is punishable.
The cultivated objects, work objects, work materials, and 
machinery and tools used in the event of an offense under this 
Article shall be confiscated, regardless of whether they belong 
to the offender.


Article 33
Anyone violating either of the following will be fined not less 
than NT$60,000 and not more than NT$300,000:
1.Violating the first paragraph of Article 8 by failing to treat 
  and maintain soil and water conservation in accordance with 
  the the Soil and Water Conservation Technical, or violating 
  the first paragraph of Article 22 by failing to cure within 
  the prescribed time limit or making cure that is inconsistent 
  with the Soil and Water Conservation Technical Specifications; 
  or
2.Violating any of Articles 12 to 14 by failing to first prepare 
  a soil and water conservation plan or to treat and maintain 
  soil and water conservation in accordance with the approved 
  plan, or violating Article 23 by failing to cure within the 
  prescribed time limit or making cure that is inconsistent with   
  the Soil and Water Conservation Technical Specifications.
  Under either of the circumstances described in the preceding 
  paragraph, where no cure is made despite continuous requests 
  for cure within a prescribed time limit or where the cure made 
  is still inconsistent with the Soil and Water Conservation 
  Technical Specifications, punishment will be imposed 
  successively until cure is duly made, an order of work 
  suspension will be issued, the facilities and machinery and 
  tools used may be confiscated, and the work objects may be 
  subject to compulsory demolition and removal. The costs 
  required for the above will be borned by the operator, user or 
  owner.
Where soil and water is lost or facilities for soil and water 
conservation treatment and maintenance are damaged or destroyed 
under the circumstance described in subparagraph 2 of the first 
paragraph above, the imprisonment will be not less than six 
months and not more than five years and a fine of not more than 
NT$600,000 may be additionally imposed. If death is caused to 
another, the imprisonment will be not less than three and not 
more than ten years and a fine of not more than NT$800,000 may 
be additionally imposed. Where grave injury is sustained, the 
imprisonment will be not less than one and seven years and not 
more than a fine of not more than NT$600,000 may be additionally 
imposed.


Article 34
If an offense under Article 32 or the third paragraph of Article 
33 is committed in the course of the performance of business, 
the perpetrator will be punished in accordance with the relevant 
provision and, additionally, the legal entity or individual 
hiring such perpetrator will be fined the fine prescribed in 
each such Article.


Article 35
All fines mentioned in this Act are to be meted out by the 
special municipality or county/city competent authority.


Article 36
Where any of the fines meted out in accordance with this Act is 
not paid within the time limit prescribed, the case will be 
referred to court for enforcement.


Chapter 8  Supplementary Provisions
Article 37

The enforcement rules of this Act will be established by the 
central competent authority.


Article 38
The competent authority shall draft a guidance plan for the 
purposes of conserving soil and water resources and preventing 
or reducing the possibility of disasters, and shall report on 
the results of soil and water conservation within five years.
The guidance plan mentioned in the preceding paragraph will be 
made by the central competent authority and submitted to the 
Legislative Yuan for approval and filing.


Article 38-1
Any unfinished portion of soil and water conservation work may 
continue according to the soil and water conservation plan which 
was already approved in accordance with the Slopeland 
Conservation and Utilization Act prior to the enforcement rules 
of this Act coming into force as of July 2, 1995; provided, 
however, that this Act shall still apply to any modification of 
the approved plan.


Article 38-2
The development, operation or use subject to soil and water 
conservation control and maintenance under this Act has been 
approved by the authority responsible for specific business 
prior to the amendment to the Slopeland Conservation and 
Utilization Act coming into force as of January 12, 1986, the 
soil and water conservation obligor must, within the time limit 
prescribed by the central competent authority in a public 
notice, draft a soil and water conservation plan and submit the 
same according to this Act to the competent authority for 
approval before implementing the plan. This Act as well as the 
relevant acts will apply where the soil and water conservation 
obligor fails to comply with the above within the prescribed 
time limit or to implement the plan in accordance with the 
applicable provisions of this Act.
The development, operation or use concerned may continue during 
the period in which the soil and water conservation plan 
mentioned in the preceding paragraph is being submitted and 
reviewed, provided soil and water conservation is properly 
treated and maintained and other relevant safety measures 
properly taken.


Article 39
This Act will be enforced as of the date of its promulgation.