| Legislative： |
1. The enacted Act with all 34 articles was promulgated by the
Presidential Decree hua-zong-yi-jing-zi No. 10900083031 on
July 22, 2020. The date when this Act comes into effect shall
be stipulated by the Executive Yuan.
The Act was set to be effective since October 1, 2020 by the
Executive Yuan Order yuan-tai-nong-zi No. 1090029805 on
September 9, 2020.
The announcement was made on July 27, 2023 by the Executive Yuan
Order yuan-tai-gui-zi No. 1125014346. The relevant matters set
out in Article 2, Subparagraphs 1, 2 of Article 3, Article 4,
Article 5, Paragraphs 1, 2 of Article 7, Article 8, Paragraphs
1,2,4 of Article 10, Paragraph 2 of Article 11, Article 12,
Paragraphs 1,3,4 of Article 13, Article 14, Article 15,
Paragraphs 2,3 of Article 16, Article 17, the preamble of
Paragraph 1, and Paragraphs 2,3 of Article 18, Paragraphs 1,2,3
of Article 19, Paragraph 1 of Article 20, Paragraph 1 of Article
21, the preamble of Paragraph 1 of Article 22, Paragraphs 3,5 of
Article 23, Article 24, Article 25, Paragraphs1,3,5 of Article
29, the preamble and Subparagraphs 1,2,3,5 of Article 30,
Paragraph 2 of Article 31, the preamble , Subparagraph 2 of
Paragraph 1, and Paragraph 2 of Article 32 and Article 33
pertaining to “Council of Agriculture, Executive Yuan” shall
be handled by “Ministry of Agriculture” as governing body,
effective August 1, 2023. |
| Content： |
Chapter 1:General Provisions
Article 1:
The purpose of this Act is to ensure food safety and
agricultural sustainability; promote the advancement of farmland
water conservancy activities; and improve the construction,
maintenance, and management of farmland water conservancy
facilities, in order to stabilize the supply of irrigation water
needed for the development of agriculture, expand irrigation
services; maintain agricultural production, enhance the value of
utilization of farmland, and effectively manage the
institutional reform of the irrigation associations.
Article 2:
The Competent Authority of this Act is the Council of
Agriculture of the Executive Yuan.
Article 3:
Definitions of terms used in this Act are as follows:
1.Farmland water conservancy activities: This refers to the use
of artificial or natural methods to undertake farmland
irrigation, farmland drainage, or related activities in
farmland water conservancy activities areas or within farmland
water conservancy facilities areas as demarcated by the
Competent Authority.
2.Farmland water conservancy facilities: This refers to
structures and their affiliated structures used for taking
water, drawing water, conveying water, storing water,
drainage, or other activities needed for farmland water
conservancy under the jurisdiction of irrigation associations
(before the coming into effect of this Act) or newly erected
by the Competent Authority (after the coming into effect of
this Act).
Article 4:
The Competent Authority shall demarcate farmland water
conservancy activities areas based on drainage basin,
geographical environment, and economic benefits, and announce
the demarcations to the public; the same applies to the
alteration or elimination of such areas. In cases where such
areas infringe on indigenous people’s regions, the Competent
Authority shall consult with the central Competent Authority
responsible for indigenous affairs and make public announcements
of the resolutions.
The Competent Authority shall designate irrigation systems
within the farmland water conservancy activities areas mentioned
in the previous Paragraph, based on the condition of the water
source, overall planning of the regional water resource,
agricultural operational planning, and the functions of farmland
water conservancy facilities. The policies shall be announced to
the public; the same applies to the amendment or revocation of
the policies.
Regulations governing the standards for demarcation of farmland
water conservancy activities areas, their alteration, or their
elimination (as mentioned in Paragraph 1 of this Article) and
the standards for designating irrigation systems, their
alteration, or elimination (as mentioned in the preceding
Paragraph) and for other relevant matters shall be stipulated by
the Competent Authority.
Chapter 2: The Demarcation and Management of Farmland Water Conservancy Facilities Areas
Article 5:
The Competent Authority shall demarcate and publicize farmland
water conservancy facilities areas, as well as manage and
maintain the facilities; the same applies to the alteration or
elimination of such areas. In cases where such areas infringe on
indigenous people’s regions, the Competent Authority shall make
public announcements in cooperation with the central Competent
Authority for indigenous affairs.
Regulations governing the standards for demarcation of farmland
water conservancy facilities areas as mentioned in the preceding
Paragraph, their management and maintenance, alteration,
elimination, or other relevant matters shall be stipulated by
the Competent Authority in cooperation with the central
Competent Authority for water resources.
Article 6:
Farmland drainage in farmland water conservancy activities areas
shall conform to runoff allocation plan announced based on the
Water Act and to flood prevention plans of the Competent
Authority for water resources, to share flooding in the regional
areas.
Article 7:
When the planning, design, and supervision of farmland water
conservancy facilities construction projects go beyond a certain
scale, the relevant professional engineer certification shall be
registered according to law. However, when the Competent
Authority is itself executing the project, it could be executed
by a member of the Competent Authority who has, legally received
relevant certifications for mechanics.
The “certain scale” mentioned in the previous Paragraph shall
be announced by the Competent Authority.
Projects for farmland water conservancy facilities in farmland
implemented based on the Farmland Readjustment Act shall not be
subject to the provisions of Paragraph 1 of this Article.
Article 8:
No one shall arbitrarily alter or demolish farmland water
conservancy facilities. However, in order to increase the
utilization benefits of land, serve the public interest, provide
land for the construction of infrastructure, or that the
surrounding farmland has already been rezoned as nonagricultural
use, an applicant may, with an attached plan, apply to the
Competent Authority, and after receiving authorization, may
alter or demolish such facilities within the scope of the
authorization; the applicant shall bear the expense.
Regulations governing the qualifications of applicants as
mentioned in the preceding Paragraph, application procedures,
the required contents of plans, documents that shall be
attached, conditions for authorization, withdrawal of
authorization, and other relevant matters shall be stipulated by
the Competent Authority.
Article 9:
Land for new construction or improvement of farmland water
conservancy facilities shall be acquired through appropriation,
establishment of superficies, land easement or rental, purchase
by negotiated price, agreement of the landowner, or
expropriation.
Article 10:
When there is damage to farmland water conservancy facilities
that poses an imminent threat to citizens’ lives or their
property, the Competent Authority may demolish the facilities;
requisition materials, machinery, facilities, or land needed for
emergency actions; dispatch manpower; or adopt other necessary
emergency measures.
In cases where citizens suffer loss as a result of demolition,
requisitions, drafting, or other emergency measures as mentioned
in the preceding Paragraph, they may ask for compensation from
the Competent Authority. However, if the citizen is at fault for
the loss, no compensation may not be granted.
Compensation for loss as mentioned in the preceding Paragraph
shall be paid in cash, to a maximum amount of the actual loss
suffered. Applicants for compensation must apply within two
years of becoming aware of the loss. However, in cases where
five years have passed following the occurrence of the loss, no
application may be made.
Regulations governing compensation or calculation of value as
stipulated in Paragraph 2 of this Article, their standards,
processes, payment methods, and other relevant matters that must
be followed shall be stipulated by the Competent Authority.
Article 11:
Land allocated to irrigation associations before the coming into
effect of this Act shall maintain its existing usage.
When land as mentioned in the previous Paragraph is state-owned
land that can be appropriated for use without charge, the
Competent Authority shall designate a subordinate agency, and
after getting the agreement of the managing agency, shall,
jointly with this agency, arrange for alteration of the
registered managing agency, and the land shall be managed by the
designated subordinate agency.
Land as mentioned in the previous Paragraph may not be listed as
an asset of the Farmland Water Conservancy Activities
Operational Fund set up in accordance with Paragraph 1 of
Article 22 of this Act.
Chapter 3: Irrigation and Drainage Management
Article 12:
Farmland water conservancy facilities shall not be concurrently
used for other purposes. However, if the proposed alternate use
does not interfere with the original functions or maintenance of
the facilities, applicants can apply authorization from the
Competent Authority by submitting a plan for concurrent use.
Regulations governing concurrent other uses as mentioned in the
preceding Paragraph, their application procedures, the required
contents of plans, documents that shall be attached, conditions
for authorization, withdrawal of authorization, and other
relevant matters shall be stipulated by the Competent Authority.
Article 13:
Within farmland water conservancy facilities areas, no one
shall, without the authorization of the Competent Authority,
construct irrigation channels (ditches), box culverts, drainage
pipelines, or other structures connected to farmland water
conservancy facilities (hereinafter referred to as
“unauthorized structures”).
For public drainage systems facilities that were established before the coming into effect of this Act, they may continue to
be used as before, and the previous Paragraph does not apply to
them. However, in cases of improvement, restoration, or
demolition of such facilities, there must still be an
application for authorization as mentioned in the preceding
Paragraph.
For unauthorized structures built in farmland water conservancy
facilities areas before the coming into effect of this Act, the
Competent Authority reserves the power to prohibit their use,
mandate closure, or instruct the builder to facilitate their
demolition. In cases where there are concerns regarding the
potential risks such structures may pose to human health, to
agricultural industries, or to biosafety, the Competent
Authority may immediately demolish them or take other necessary
measures.
Regulations governing applications as mentioned in Paragraph 1
of this Article, their application procedures, documents that
shall be attached, conditions for authorization, withdrawal of
authorization, and other relevant matters shall be stipulated by
the Competent Authority.
Article 14:
Within farmland water conservancy facilities areas, no one
shall, without the authorization of the Competent Authority,
release non-farmland drainage water; this is prohibited in
principle for channels specially for the use of irrigation.
For cases requesting the release of non-farmland drainage water
as mentioned in the preceding Paragraph, an application, with an
attached plan, should be submitted to the Competent Authority
for authorization. Quality of drainage water should conform to
publicly announced irrigation water quality standards.
Regulations governing the water quality standards as mentioned
in the preceding Paragraph, application procedures, the required
contents of plans, documents that shall be attached, conditions
for authorization, withdrawal of authorization, and other
relevant matters shall be stipulated by the Competent Authority
acting in coordination with the central Competent Authority for
environmental protection.
Article 15:
Guidelines governing testing methods used by the Competent
Authority for irrigation water quality as mentioned in Paragraph
2 of the preceding Article, quality control, and other relevant
measures shall be stipulated by the Competent Authority acting
in coordination with the central Competent Authority for
environmental protection.
Article 16:
The following actions are prohibited in farmland water
conservancy facilities areas:
1. Obstructing water channels.
2. Damaging ponds, water channels, or their affiliated
structures.
3. Opening, closing, moving, or damaging sluice gates or their
affiliated structures.
4. Discarding spent clay or waste.
5. Removing or piling up soil or stone.
6. Other actions that impede the safety or proper functioning of
farmland water conservancy facilities.
The unauthorized taking of irrigation water in farmland water
conservancy facilities areas is prohibited. However, in cases
where taking of irrigation water occurs in designated irrigation
systems as mentioned in Paragraph 2 of Article 4 or where
authorization has been applied for and received from the
Competent Authority, this prohibition shall not apply.
Regulations governing the applications as mentioned in the
proviso in the preceding Paragraph, their application
procedures, requisite document attachments conditions for
authorization, withdrawal of authorization, and other relevant
matters shall be stipulated by the Competent Authority.
Article 17:
The Competent Authority may, depending on local irrigation
requirements, set up water conservancy committees in farmland
water conservancy activities areas. Each committee comprises one
unpaid chairman, who assists in promoting the management of
irrigation water under its jurisdiction.
Regulations governing water conservancy committees as mentioned
in the preceding Paragraph, their establishment, duties,
membership, methods for producing a committee chairman, scope of
their authority, and other relevant matters shall be stipulated
by the Competent Authority.
Chapter 4: Irrigation Management Organizations and Personnel in Farmland Water Conservancy Activities Areas
Article 18:
The Competent Authority, in order to arrange for irrigation
management in farmland water conservancy activities areas, may
establish irrigation management organizations within its
subordinate agencies, to handle the following matters:
1. Distribution and management of farmland water conservancy
water.
2. Maintenance of orderly use of irrigation water and guidance
of water conservancy committee affairs.
3. Construction, management, improvement, and maintenance of
farmland water conservancy facilities.
4. Disaster prevention and post-disaster response measures for
farmland water conservancy facilities.
5. Personnel management of professional staff in irrigation
management organizations (hereafter known as farmland water
conservancy personnel).
6. Management of and revenue earning from assets belonging to
the Farmland Water Conservancy Activities Operational Fund.
Training and advanced study for full-time professional staff in
irrigation management organizations as mentioned in the
preceding Paragraph shall be handled by a juridical person set
up with funding provided by the Competent Authority.
Regulations governing the establishment of irrigation management
organizations as mentioned in Paragraph 1 of this Article, the
scope of their authority, and other relevant matters shall be
stipulated by the Competent Authority.
Article 19:
For personnel employed by appointment by an Irrigation
Association under Article 22 of this Act of Irrigation
Association Organization prior to the coming into effect of this
Act, the Competent Authority shall, after the coming into effect
of this Act, continue to employ them as farmland water
conservancy personnel; moreover, their positions should at an
equivalent grade to the positions they held when originally
employed by an Irrigation Association.
Recruitment and assessment of newly employed farmland water
conservancy personnel in irrigation management associations as
mentioned in preceding Paragraph shall be conducted by the
Competent Authority.
Regulations governing farmland water conservancy personnel, ,
performance appraisals, incentives or punishments, retirement,
dismissal, bereavement compensation, insurance, and other
protections of their rights, as well as personnel management,
shall be stipulated by the Competent Authority.
The provisions of the Labor Standards Act do not apply to
farmland water conservancy personnel.
Article 20:
For technicians, janitorial staff, contract employees whose
hiring has been approved by the Competent Authority, and
security personnel hired by an Irrigation Association prior to
the coming into effect of this Act, subordinate agencies of the
Competent Authority shall, after the coming into effect of this
Act, continue to employ them, based on relevant laws and
regulations and their original hiring conditions.
The Labor Standards Act does not apply to contract employees as
mentioned in the preceding Paragraph.
Article 21:
The Competent Authority shall invite scholars and experts, local
people, and farmers who actually cultivate the land to organize
farmland water conservancy advisory council in each area; the
number of farmers shall not be lower than two-thirds of the
council.
The water conservancy advisory councils as mentioned in the
previous Paragraph may provide water supply services, mediation
of disputes between farmers, and other relevant consultation
services; the members of water conservancy advisory council
shall be unpaid.
Chapter 5: Funding for Farmland Water Conservancy Activities
Article 22:
The Competent Authority shall, in order to handle water
conservancy activities and fund the operations of irrigation
management organizations as mentioned in Article 18, establish
the Farmland Water Conservancy Activities Operational Fund, whose funding sources shall be as follows:
1. Appropriations of the governmental budget.
2. Income from fees collected for applications in farmland water
conservancy facilities areas based on Paragraph 1 of Article
12, Paragraph 1 of Article 13, and Paragraph 2 of Article 14,
as well as fees collected from users based on the provisions
of Article 25.
3. Rental and interest income.
4. Income from asset disposal or revenue from assets activation.
5. Other income.
The uses of the Operational Fund as mentioned in the preceding
Paragraph shall be as follows:
1. Expenditures for the construction, improvement, maintenance,
or management of farmland water conservancy activities.
2. Expenditures for matters related to prevention of disasters
and post-disaster response measures for farmland water
conservancy activities.
3. Personnel costs for staff for farmland water conservancy
activities.
4. Expenditures for matters related to the rental or acquisition
of land needed for the use of farmland water conservancy
facilities belonging originally to an Irrigation Association.
5. Other expenditures related to farmland water conservancy
activities.
The Farmland Water Conservancy Activities Operational Fund as
mentioned in Paragraph 1 of this Article shall set up individual
accounts for each farmland water conservancy activity.
The income listed in the Sub-Paragraphs of Paragraph 1 of this
Article shall be exempted from the Business Tax.
Article 23:
Following the organizational reform of the Irrigation
Associations, their assets and debts shall be summed up and
taken over by the state, and incorporated into and managed by
the Farmland Water Conservancy Activities Operational Fund set
up in accordance with Paragraph 1 of the preceding Article.
When assets are transferred to the Farmland Water Conservancy
Activities Operational Fund for management as mentioned in the
preceding Paragraph, the transfer shall be exempt from all
taxes.
To finance the costs of farmland water conservancy activities,
assets taken over by the state as mentioned in Paragraph 1 of
this Article shall be handled in a manner to activate revenue in
their use, revenues, or disposition, and are not subject to the
restrictions in Article 28, Chapter 4, or Chapter 6 of the
National Property Act; regulations governing the assets to be
activated, fee, and other relevant matters shall be stipulated
by the Competent Authority. Any agency which makes receives
appropriations according to law shall arrange appropriations
with charge.
Assets as mentioned in Paragraph 1 of this Article shall not be
subject to the limitations related to uncompensated
appropriation or substitution of public land in the proviso in
Paragraph 1 of Article 43 of the Land Expropriation Act, in
Paragraph 1 of Article 60, of the Equalization of Land Rights
Act, or in Paragraph 2 of Article 11 of the Rural Community Land
Readjustment Act.
After organizational reform of Irrigation Associations, in cases
where as a result of reorganization of land ownership it is
discovered that land originally belonging to an Irrigation
Association as registered by the land administration of the
relevant municipality, county, or city has the notation “state-
owned” in the column for the owner, the managing organization
shall be a subordinate agency designated by the Competent Authority.
Article 24:
To meet the needs of maintaining the operations of farmland
water conservancy facilities, the Competent Authority shall
appropriate funding in the annual budget to the Farmland Water
Conservancy Activities Operational Fund set up on the basis of
Paragraph 1 of Article 22 of this Act.
The standards for calculating the yearly appropriation mentioned
in the preceding Paragraph shall be stipulated by the Competent
Authority.
Article 25:
In cases where the topography requires the Competent Authority
to supply irrigation water through pressurization, the Competent
Authority may collect additional fees related to the operation
and maintenance of facilities.
The fee-charging standards as mentioned in the previous
Paragraph shall be stipulated by the Competent Authority.
Article 26:
The Farmland Water Conservancy Activities Operational Fund shall
each year appropriate part of the proceeds from asset disposal
for the rental or acquisition of usage rights of land that shall
continue to be used as before as stipulated in Paragraph 1 of
Article 11 of this Act.
Chapter 6: Penalty Provisions
Article 27:
Violations of Paragraph 1 of Article 16 that endanger public
safety shall be sentenced to imprisonment for not more than five
years; in addition thereto, a fine of not less than NT$100,000
but no more than NT$500,000 may be imposed.
If an offense results in death, the offender shall be sentenced
to life imprisonment or imprisonment for not less than seven
years , and in addition thereto, a fine of not less than NT
$200,000 but no more than NT$1 million may be imposed. If an
offense results in serious physical injury, the offender shall
be sentenced to imprisonment for not less than three years but
not more than ten years , and in addition thereto, a fine of not
less than NT$150,000 but no more than NT$600,000 may be imposed.
Article 28:
A person who by violence, threats or other illegal means,
compels management personnel to open or close a water or sluice
gate in farmland water conservancy facilities areas shall be
sentenced to imprisonment for not more than five years, short-
term imprisonment; in lieu thereof, or in addition thereto, a
fine of not not less than NT$60,000 but no more than NT$300,000
may be imposed.
Violations as mentioned in the preceding Paragraph that endanger
public safety shall be sentenced to imprisonment for not more
than seven years; in addition thereto, a fine of not less than
NT$100,000 but no more than NT$500,000 may be imposed.
In cases in which violations as mentioned in the preceding two
paragraphs are committed by groups of people shall be subject to
the punishment prescribed for such an offense by increasing it
up to one half.
An attempt to commit an offense specified in Paragraph 1 of this
Article shall be punishable.
Article 29:
Violations of Paragraph 1 of Article 14 of this Act, in which
persons release non-farmland drainage water without the
authorization of the Competent Authority, must be punished by a
fine of not less than NT$30,000 but no more than NT$600,000.
The failure of non-farmland drainage water released with
authorization as mentioned in Paragraph 2 of Article 14 of this
Act, to conform to water quality standards must be punished by a
fine of not less than NT$3,000 but no more than NT$30,000.
When the person committing a violation as mentioned in the
preceding Paragraph is part of an enterprise announced by the
Competent Authority, the act must be punished by a fine of not
less than NT$3,000 but no more than NT$600,000.
In any of the situations mentioned in the preceding three
Paragraphs, where there are also concerns about a hazard posed
to agricultural industries, biosafety, or human health, the
maximum fine may be increased to NT$20 million.
For cases of offenders penalized based on the preceding four
Paragraphs, the Competent Authority may order the offender to
improve within a specified time limit; in cases in which
improvements have not been completed within the specified time
limit, the offender may be punished separately for each
additional violation. In serious cases, the drainage water
release authorization may be withdrawn.
Article 30:
In any of the following situations, the Competent Authority must
impose a fine of not less than NT$6,000 but no more than NT
$30,000, and may order the offender to improve within a
specified time limit; in cases in which improvement has not been
completed within the specified time limit, the offender may be
punished separately for each additional violation.
1. Violations of Paragraph 1 of Article 8 of this Act, in which
farmland water conservancy facilities are altered or
demolished without authorization from the Competent Authority
or in which alteration or demolition goes beyond the scope of
the authorization.
2. Violations of Paragraph 1of Article 12 of this Act, in which
concurrent use is made without authorization from the
Competent Authority.
3. Violations of Paragraph 1of Article 13 of this Act, in which
unauthorized structures are set up within farmland water
conservancy facilities areas without the authorization of the
Competent Authority.
4. Violations of Paragraph 1of Article 16 of this Act, for cases
of prohibited actions in farmland water conservancy
facilities areas.
5. Violations of Paragraph 2 of Article 16 of this Act, in which
irrigation water in farmland water conservancy facilities
areas is taken without the authorization of the Competent
Authority.
Article 31:
In situations mentioned in Paragraph 1 of Article 29 or in
Subparagraph 4 or 5 of the preceding Article of this Act, if the
offense is deemed minor, the offender may initially receive an
order for remediation within a stipulated timeframe. Upon
successful completion of the improvements, the punishment may be
reduced or waived.
The standards for determining the insignificance of the offenses
and the guidelines for reducing or waiving punishments as
mentioned in the preceding Paragraph shall be stipulated by the
Competent Authority.
Chapter 7: Supplementary Provisions
Article 32:
For uses of the following types of land for purposes other than
water conservancy activities applied for according to law, the
approval of the Competent Authority shall be obtained:
1. Land used for activities of an Irrigation Association prior
to the coming into effect of this law and whose land use
category is water conservancy land.
2. Land that is legally appropriated, purchased at a negotiated
price, or expropriated by the Competent Authority for the use
of water conservancy.
3. Land which is announced as being in a farmland water
conservancy facilities area and whose category is water
conservancy land based on Paragraph 1 of Article 5 of this
Act.
A detailed inventory of land as mentioned in the previous
Paragraph shall be announced by the Competent Authority.
Article 33:
The Enforcement Rules of this Act shall be stipulated by the
Competent Authority.
Article 34:
The date when this Act comes into effect shall be stipulated by
the Executive Yuan.
Starting from the date when this Act comes into effect, the Act
of Irrigation Association Organization shall no longer apply.
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