| Legislative： |
1.Promulgated by Order of Council of Agriculture, Executive Yuan
No. 84-Nung-Lin-Zi-4131108A on June 30, 1995.
2.Amendment by Order of Council of Agriculture, Executive Yuan
No. 86-Nung-Lin-Zi-86147912 on September 17, 1997.
3.Amendment by Order of Council of Agriculture, Executive Yuan
No. 89-Nung-Lin-Zi-890106407 on February 29, 2000.
4.Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shou-Shui-Bao-Zi-0931842786 on August 31, 2004.
5.Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-0951843044 on May 1, 2006.
6. Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-1001862411 on August 29, 2011.
7. Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-1071857610 on June 5, 2018. |
| Content： |
Chapter I General Provisions
Article 1 (Basis)
These Rules are enacted pursuant to Article 37 of Soil and Water
Conservation Act (hereinafter called "Act").
Article 2 (Afforestation with Legally Prescribed Tree Species)
The phrase "afforested with legally prescribed tree species" as
mentioned in Subparagraph 7, Paragraph 1, Article 3 of the Act
refers to afforestation and nurture based on the types of tree,
method, and density designated by the central or special
municipality forestry regulatoryauthority.
Article 3 (Designation of Supervision and Management)
The central or special municipality regulatory authority
designating the relevant authority responsible for specific
business, a public business institution, or public entity to
supervise and manage soil and water conservation treatment and
maintenance, shall announce the scope of such designated
supervision and management, and any modification of such scope,
in a public notice.
The designation made by the central level responsible authority
pursuant to the preceding paragraph shall be advised to the special
municipality or county/city regulatory authority. Designation made
by the special municipality regulatory authority pursuant to the
preceding paragraph shall be reported to the central authority for
the record.
Article 4 (Type and Scope of Professional Engineer Certification)
The scope of soil and water conservation treatment and maintenance
designated by the central level responsible authority pursuant to
Article 6 of the Act, or above, is as follows:
1. Treatment, operation or utilization under Subparagraphs 1, 6
to 8, Paragraph 1, Article 8 of the Act: the cost of soil and
water conservation treatment and maintenance totals NT 20 million
dollars or above.
2. The utilization behavior matches the Paragraph 1, Article 12 of
the Act (requiring a soil and water conservation plan), but does
not include that of the Paragraph 4, Article 12 (requiring a
simplified soil and water conservation statement).
3. Treatment, operation or utilization under Subparagraphs 9,
Paragraph 1, Article 8 of the Act: the area of excavation and
soil preparation is at least 2,000m2, or the total area being
excavated and filled is at least 5,000m3.
The special municipality or county/city regulatory authority may,
subject to the special features or requirements of the environment
of the relevant area under its control, draft stricter conditions
than those described in the preceding paragraph, submit the draft
to the central regulatory authority for approval, and enforce the
approved conditions upon such approval.
Article 5 (Deleted)
Article 6 (Deleted)
Chapter II General Soil and Water Conservation Treatment and Maintenance
Article 7 (Delimitation of Slopeland Suitable for Farming or Animal
Husbandry Purpose)
Slopeland suitable for farming or animal husbandry purpose mentioned in
Articles 10 and 15 of the Act denotes land suitable for farming or animal
husbandry as defined by the land classification standards for permissible
slopeland use under Slopeland Conservation and Utilization Act.
Article 8 (Deleted)
Article 9 (Deleted)
Article 10 (Deleted)
Article 11 (Deleted)
Article 12 (Deleted)
Article 13 (Deleted)
Article 14 (Deleted)
Article 15 (Deleted)
Article 16 (Deleted)
Article 17 (Deleted)
Article 18 (Deleted)
Article 19 (Deleted)
Chapter III Specific Soil and Water Conservation Treatment and
Maintenance
Article 20 (Contents of Long-Term Soil and Water Conservation Plan)
The contents of a long-term soil and water conservation plan for a
designated soil and water conservation area mentioned in Article 19
of the Act are as follows:
1. Type delimited and purpose of delimitation.
2. Location, scope and area delimited.
3. Plan depicting the current land use (on a scale not less than 1/5,000).
4. Basic information on the environmental condition, including the
geology, soil, ecology, meteorology, and hydrology of the environment,
land ownership, and the managing authority.
5. Layout depicting the overall soil and water conservation planning
(on a scale not less than 1/5,000).
6. Plan depicting the order in which soil and water conservation is
to be treated and maintained in different areas by stages (on
the same scale as mentioned in the preceding subparagraph, and
marked in different colors by the stages of
handling).
7. Content, enforcement unit, method of enforcement, estimated
budget with respect to the handling plan for different stages
and areas.
8. Restrictions.
9. Location, scope, content and reason for the requirement for
specific or general workmanship in handling.
10. Funds and source thereof.
Article 21 (Establishment of Protection Belt)
The managing authority of designated soil and water conservation
areas establishing a protection belt in accordance with Paragraph 1,
Article 20 of the Act shall conduct surveys, lay conspicuous boundary
markers or plant boundary trees, and submit the following information
to the central level responsible authority either directly or through
the special municipality regulatory authority, for approval.
1. Basis of establishment.
2. Purpose of establishment.
3. Scope including a location plan and scope map, on a scale not less
than 1/5,000,and area of protection belt.
4. Lot number, area, and owner of each lot of land mentioned in the
preceding subparagraph, name and domicile of the legal occupant
of public land, and status of and restrictions on use of land.
5. Date of implementation.
Article 22 (Inclusion of Protection Belt in Reservoir Project)
In the event of the building of a reservoir pursuant to Article 29
of the Act, the protection belt of the reservoir must be included
as an important item of the building project and handled concurrently
with the project.
Article 23 (Delimitation of Protection Belt, and Amendment)
Where the protection belt delimited in a designated soil and water
conservation area is slopeland, the management authority of designated
soil and water conservation areas shall, after applying on its own
initiative to the central or special municipality regulatory
authority for amendment and identification of such land as land
suitable for afforestation or land subject to strengthened
conservation, request the land administration regulatory authority
in writing to amend and list said land as forestry land or national
protection land pursuant to regulations.
The management authority of designated soil and water conservation
areas mentioned in the preceding paragraph may increase its reward to
soil and water conservation obligor for completing afforestation.
The management authority of designated soil and water conservation
areas shall notify the result of the amendment mentioned in Paragraph
1 to the land operator, occupant or owner, or in the event of public
land, to the land management authority as well.
Article 24 (Listing of Forest above Protection Belt of Reservoir as
Protection Forest)
Pursuant to Paragraph 3, Article 20 of the Act, the management
authority of designated soil and water conservation areas shall
apply to the central or special municipality regulatory authority
in writing for amendment and identification of any forest area
above a protection belt as land suitable for afforestation, and
then request the competent forestry authority to list such land
as protection forest pursuant to Forest Act.
The management authority of designated soil and water conservation
areas shall directly refer the matter to the management authority
responsible for forest operation in the event the land mentioned
in the preceding paragraph is state-owned forestry area, forestland
for experimentation, or protection forest land.
Article 25 (Listing of Land within Protection Belt as Protection
Forest)
In addition to what is provided in the preceding article, the
management authority of designated soil and water conservation
areas shall request the central forestry regulatoryauthority
either directly or through the special municipality regulatory
authority, in writing, to list land within a protection belt
that belongs to a forest area pursuant to Paragraph 2, Article
21 of the Act, as protection forest pursuant to Forest Act.
CHAPTER IV Supervision and Management
Article 26 (Definition of Slopeland Utilization exceeding
prescribed limits)
The term of slopeland utilization exceeding prescribed limits
mentioned in Article 22 of the Act denotes activities of
cultivation, operation or use for agricultural, fishery or animal
husbandry purpose, on land identified by Slopeland Conservation
and Utilization Act as land suitable for afforestation or land
subject to strengthened conservation.
Article 27 (Afforestation of, or Maintenance of Natural Trees
on, Land Suitable for Agricultural or Animal
Husbandry Purpose)
The soil and water conservation of slopeland identified by
Slopeland Conservation and Utilization Act as land suitable
for agricultural or animal husbandry purpose may be handled
and maintained by way of afforestation or maintenance of natural
trees.
Article 28 (Cure within Time Limit)
The regulatory authority prescribing a time limit for cure pursuant to Articles 22 to 24, and Article 33 of the Act shall specify the area, matters to be cured, and time limit for the completion of cure, in writing in a notice and serve such notice on the soil and water conservation obligor.
Handling guidelines of cure within time limits mentioned in the preceding paragraph are as follows:
1.Cure must be made within the areas in violation of the Act. Cure shall not exceed the areas in violation of the Act, unless safety concerns are taken.
2.Minimizing surface disturbance measures should be taken with vegetation natural recovery and reduce barren land area in accordance with Soil and Water Conservation Technical Specifications.
3.Cure may assist with temporary facilities where necessary , and shall avoid permanent facilities unless safety concerns are taken.
4.For work fails to implement the approved soil and water conservation plan, construction should comply with original approved content or revise the design in accordance with Soil and Water Conservation Plan Review, Approval and Supervision Regulations.
Article 29 (Emergency Plan against Calamity)
Upon the occurrence of any of the circumstances described in the
subparagraphs of Paragraph 1, Article 35, the special municipality
or county/city regulatory authority treating and maintaining soil
and water conservation on an emergency basis pursuant to Article
26 of the Act shall request the soil and water conservation obligor
to take the necessary emergency action against calamity within a
prescribed time limit, with a copy to the authority responsible for
specific business, and, where necessary, further order the soil and
water conservation obligor to present an anti-calamity emergency
plan within the prescribed time limit and implement such plan upon
said its approval.
The soil and water conservation obligor shall suspend work upon
the occurrence of the above circumstance during the work period
of soil and water conservation. The original soil and water
conservation plan must immediately be revised if such revision
is necessary in line with the implementation of the anti-calamity
emergency plan. Work may not resume under the original soil and
water conservation plan until after the implementation of the
emergency measures and the emergency plan above passes the
inspection of the regulatory authority in conjunction with the
authority responsible for specific business. The regulatory
authority may extend the original work period at its discretion.
Article 30 (Content of Anti-Calamity Emergency Plan)
The contents of the anti-calamity emergency plan mentioned in
the preceding paragraph are as follows:
1. Name, domicile and residence of the soil and water conservation
obligor, or in the event of a legal entity or organization, the
name of such legal entity or organization, its office or place
of business, and the name, domicile or residence of its
representative or manager.
2. Location and scope of development or use.
3. Description of the current condition of the particular calamity
(or violation).
4. Content and layout (on a scale not less than 1/5,000) of
precautionary measures and work.
5. Completion time.
Article 31 (Compulsory demolition or elimination)
The regulatory authority imposing compulsory demolition or
elimination of a work object in accordance with Article 23 or
Paragraph 2, Article 33 of the Act may designate the content of
the work object to be demolished or eliminated by the obligor of
soil and water conservation on its own and also the time for
completion. The regulatory authority will demolish or eliminate
in a compulsory manner any work object that is not demolished or
eliminated by the above time for completion.
The regulatory authority enforcing compulsory demolition or
elimination pursuant to the preceding paragraph shall, pursuant
to Paragraph 2, Article 23, and Paragraph 3, Article 24 of the
Act, request the soil and water conservation obligor to pay
within a prescribed time limit the costs required for such
enforcement, or deduct such costs from the soil and water
conservation bond paid by said soil and water conservation obligor.
Article 32 (Date of Initial Punishment)
The date of initial punishment mentioned in Paragraph 2, Article
23 of the Act means the date the special municipality or county/city
regulatory authority imposes the first fine and serves the notice
on the soil and water conservation obligor.
Article 33 (Necessary Takeover of Performance)
Takeover of performance pursuant to Paragraph 3, Article 24 of
the Act is deemed necessary under any of the following circumstances, :
1. Where under Paragraph 1, Article 22 of the Act slopeland is
utilized exceeding prescribed limits; or, when farming,
forestry, fishing, or animal husbandry activities are being
conducted, land is not used pursuant to Article 10 of the Act
or soil and water conservation is not treated and maintained
in accordance with Soil and Water Conservation Technical
Specifications, if no cure is made within the time limit
prescribed by the regulatory authority in conjunction with the
relevant authorities or if the soil and water conservation
treatment and maintenance does not conform to for Soil and
Water Conservation Technical Specifications, to the extent
that any of the circumstances described in the subparagraphs
of Paragraph 1, Article 35 arises.
2. Where either Paragraph 1 or 2, Article 23 of the Act is
violated, and no cure is made within the time limit prescribed
by the regulatory authority in conjunction with the authority
responsible for specific business or the implementation still
does not conform to Soil and Water Conservation Technical
Specifications; or where an order for suspension of work,
compulsory demolition or elimination of work object is not
complied with, as a result of which the regulatory authority
deems it necessary to take over the performance.
Article 34 (Procedure for Takeover of Performance)
The special municipality or county/city regulatory authority
taking over performance in accordance with Paragraph 3, Article
24 of the Act shall notify the soil and water conservation obligor
of the items to be performed on its behalf and the funds for the
performance, and announce such takeover of performance in a public
notice of the particular regulatoryauthority.
Article 35 (Conditions and Procedure for Emergency Action)
The regulatory authority may take emergency action pursuant to
Articles 25 to 27 of the Act under any of the following
circumstances for the purposes of soil and water conservation
maintenance. The regulatory authority shall notify the soil and
water conservation obligor of the emergency action being carried
out, and announce such action in a public notice of the particular
regulatory authority:
1. Where the riverbed or waterway is silted up with sediment and
residue;
2. Where conservation of water resources above or under ground is
impaired;
3. Where water, soil or other environment is polluted;
4. Where land collapses, or landslide or debris flow occurs;
5. Where the safety of farmland, buildings, roads and bridges is
impaired;
6. Where flood control, drainage, irrigation, or the protection
of other water resources or water conservancy facilities is
impeded;
7. Where restrictions on designated soil and water conservation
areas are violated, as a result of which the function or
purpose of soil and water conservation is likely to be directly
impacted;
8. Where public safety is otherwise impeded.
The preceding article shall apply mutatis mutandis if the
regulatory authority carries out emergency action in accordance
with the preceding paragraph.
Article 36 (Exercise of Police Powers or Request for Assistance
from Military and Police)
The emergency action and crackdown in which the regulatory authority
at any level is entitled by Article 27 of the Act to exercise police
powers or seek assistance from the military and police in the area
under the control of the particular regulatory authority, are as
follows:
1. Emergency action described in any of the subparagraphs of
Paragraph 1, Article 35.
2. Crackdown on the development activities banned by Paragraph
2, Article 19 of the Act.
3. Elimination of a ground object pursuant to Paragraph 2, Article
22 of the Act.
4. Suspension of work, compulsory demolition, revocation of permit,
or suspension of use of completed work, pursuant to Paragraph 1,
Article 23 of the Act.
5. Suspension of work, confiscation of facilities or machinery,
or compulsory demolition or elimination of work objects pursuant
to Paragraph 2, Article 23 of the Act.
6. Takeover of performance pursuant to Paragraph 3, Article 24
of the Act.
7. Appropriation of materials, supplies, labor and land, and
removal of obstacles, pursuant to Paragraph 1, Article 26
of the Act.
8. Otherwise reporting, prohibition or crackdown pursuant to
Article 38.
Article 37 (Identification Worn During Exercise of Police Powers)
All personnel dispatched by the regulatory authority at any level
to exercise police powers pursuant to Article 27 of the Act must
wear identification.
Article 38 (Reporting and Crackdown on Violating Soil and Water
Conservation Act)
The special municipality or county/city regulatory authority shall dispatch personnel to inspect the soil and water conservation treatment and maintenance on a frequent basis and, where the Act is violated, immediately make a report, prohibit or crack down on the violation. Enforcement must be strengthened in those areas with high violation frequency.
The reporting, prohibition and crackdown shall be implemented by the management authority responsible for forest operation in the event the land subject to the soil and water conservation treatment and maintenance as mentioned in the preceding paragraph is state-owned forestry area, forest land for experimentation, or protection forest land.
The supervision and inspection under the preceding two paragraphs must be strengthened in the season of typhoons or torrential rain.
Article 39 (Reward and Subsidization)
The competent authority will, at its discretion, reward, or provide
subsidy pursuant to Article 31 of the Act to, a soil and water
conservation obligor treating and maintaining soil and water
conservation with remarkable result.
The regulatory authority will reward or grant a monetary prize to
the authority or the personnel thereof having soil and water
conservation treatment and maintenance, or engaged in reporting,
prohibition or crackdown, with remarkable result, or an informer
having informed against a violation of the relevant provisions of
the Act or the violation of slopeland utilization regulation if
the party being informed against is punished and placed on the
record.
The regulatory authority shall punish any authority or any personnel
thereof having obviously neglected their duties in treating and
maintaining soil and water conservation or in reporting,prohibition
or crackdown.
Chapter V Supplementary Provisions
Article 40 (Deleted)
Article 41 (Deleted)
Article 42 (Date of Promulgation and Enforcement)
These Rules are enforced as of the date of their promulgation. |