離島建設條例施行細則

This Rule is prescribed in accordance with Article 19 of the Offshore Islands Development Act (hereinafter referred to as the Act).

The terms “separated” and “island” referred to in Article 2 of the Act are defined as follows: 1. Separated: means there is no connection of land transportation via bridge or submarine tunnel to the main island of Taiwan. 2. Island: means the land naturally formed, surrounded by water in natural conditions, and extruded out of water in highest tide, not including the sandbars offshore.

Implementation schemes for the integrated development of offshore islands shall include the related contents of the integrated development plan of the county (city). Where the integrated development plan of a county (city) has no provisions on construction plan of offshore islands, it shall be supplemented upon amendment.

Upon formulating the objectives and range of implementation schemes for the integrated development of offshore islands according to subparagraph 1, Article 5 of the Act, the county (city) competent authority shall explicitly prescribe the role of the offshore island, the target of future development, the spatial range of implementation, and other overall objectives. Implementation strategies formulated according to subparagraph 2 of Article 5 shall explicitly include the contents such as overall development strategy, growth management strategy, island characteristics and frangibility response strategy etc.

The content of implementation schemes for the integrated development of offshore islands shall ensure the provision of basic public services and facilities for the residents of the offshore islands, and formulate the construction projects and scales based on the environment and development status of the island.

Upon formulating implementation schemes for the integrated development of offshore islands, the competent authorities shall be consulted according to the actual requirements. Before submitting the implementation schemes for the integrated development of offshore islands to the Steering Committee for Offshore Islands Development for review and approval, public hearings shall be held to collect opinions from the public and the representatives of related organizations.

According to paragraph 3 of Article 7 of the Act, the county (city) competent authority shall prescribe regulations on land use change for review and approval of land use change required for major construction projects.

To support the development and construction of offshore islands, the Steering Committee for Offshore Islands Development may request the Ministry of National Defense, Coast Guard Administration, Ocean Affairs Council, and the Ministry of the Interior to review adjustment to and restrictions of the coast and the military control zones as needed.

Where the budget allocated under Article 15 of the Act is insufficient for development and construction of an offshore island, the situation shall be reported to the Steering Committee for Offshore Islands Development for review, and then be made up from the Offshore Islands Development Fund with the approval of the Executive Yuan.

This Rule shall come into force from the date of promulgation.