國家公園法

This National Park Act is hereby enacted for the purpose of protecting the nation’s unique natural scenery, wildlife and historic sites, as well as formulate aside areas for public recreation and scientific research.

The management of national parks shall be governed by this Act. If not provided for within this Act, the provisions of other acts and regulations shall apply.

Ministry of the Interior is the competent authority for the national parks.

Ministry of the Interior shall establish the National Park Planning Commission to selects, changes, or abolishes the designation, alteration or abolishment of the areas for national parks, as well as review National Park Plans. The Commission members are unpaid positions.

National Park Headquarters shall be established at each national park, and organizations for the administration of these Headquarters shall be enacted separately.

1The criteria for the selection of national parks shall be as the followings:

21.Areas that having unique landscapes, significant ecological systems, or habitats with biodiversity, are representative of the country’s natural heritage;

32.Areas that having an important cultural heritage or historical sites, as well as natural and human environments, have a rich cultural or educational significance. Such areas are important in terms of cultivating national identity and require long-term preservation efforts by the nation;

43.Areas that with natural recreational resources and unusual features, may serve as tourist destinations and leisure activity venues for the public.

5An area that meets the criteria in the preceding paragraph, but have a relatively limited resource abundance or a small surface area may be designated by the competent authority to be a National Nature Park.

6In line with the paragraph above on selection criteria, the competent authority shall, within its management plans, developing Principles of Protection, Utilization and Regulation in order to categorize and manage national parks and national nature parks based on their different conservation purposes and recreational attributes.

All decisions pertaining to the establishment and abolition of national parks, and the declaration and alteration of their boundaries, shall be submitted by Ministry of the Interior to Executive Yuan for approval and announcement.

1The terminology in this Act is defined as follows:

21.National Park: An area designated by the competent authority in accordance with this Act for the sustainable conservation of unique national landscapes and ecosystems, the preservation of biodiversity and cultural diversity, as well as to providing for public recreation and research.

32.National Nature Park: An area designated by the competent authority in accordance with this Act that has relatively limited resource abundance or a small surface area according to the criteria for the selection of national parks.

43.National Park Plan: A comprehensive plan for the management, protection, utilization and development of the entire area of each national park.

54.National Nature Park Plan: A comprehensive plan for the management, protection, utilization and development of the entire area of each national nature park.

65.National Park Enterprise: An enterprise set up in accordance with the National Park Plan to facilitate recreation, ecotourism and conservation of park resources.

76.Original Use Area: The land and water areas in national parks which do not belong to other zoning areas, and are allowed to maintain original land and water use, including existing villages.

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1Application may be made for appropriation of public land required for implementation of the National Park Plan, in accordance with the act.

2Private land within a park in the preceding paragraph, may continue in its present use if it is used in accordance with the National Park Plan. However, when private land is required in order to implement the National Park Plan, it may be appropriated in accordance with the act.

1Ministry of the Interior or its designated agency, for the purpose of investigating the national park area or altering the National Park Plan, may assign qualified individuals to enter private and public land to conduct studies and surveys. Prior notification of this entry must be given to the landowners or tenants.

2Any damage caused by this entry to crops, trees, bamboo or other items that belong to the landowners or tenants shall be compensated. The amount of compensation shall be based on an agreement between the parties. If such an agreement is cannot be reached, it shall be approval by a superior authority.

1Ministry of the Interior shall regulate the national park enterprises in accordance with the National Park Plan.

2The National park enterprises in the preceding paragraph, the competent authority shall regulate the enterprises in their respective parks. If necessary, the competent authority of a national park may approve a request that an enterprise be invested in and operated by a local government, a public institution or a joint public/private enterprise. Such an enterprise shall operate under the supervision of the National Park Headquarters.

1The National park may be divided into the following zones, in accordance with existing land use patterns and resource characteristics:

21.Original Use Area

32.Recreation Area

43.Historical Preservation Area

54.Scenic Area

65.Ecological Protection Area

1The following activities shall be prohibited within the national parks:

21.Burning of vegetation or setting fires to clear land;

32.Hunting animals or catching fish;

43.Polluting water or air;

54.Picking or removing flowers or other vegetation;

65.Carving into or writing on trees, bark, stones or signs;

76.Discarding fruit skins, paper or any other materials;

87.Driving outside of designated areas;

98.Any other conduct prohibited by the national park competent authority.

1In an original use area or a recreation area, the following activities are permissible after obtaining permission from the National Park Headquarters:

21.Building or demolishing public or private structures, roads, or bridges;

32.Filling in, diverting or expanding water areas or waterways;

43.Prospecting or exploring for minerals, earth or gravel;

54.Land reclamation or change of use;

65.Fishing or livestock grazing;

76.Constructing cable car systems or other mechanized transport systems;

87.Utilization of waters from hot springs;

98.Posting advertisements, or erecting signboards or similar items;

109.Adding or altering equipment or its uses in existing factories;

1Within historical preservation areas, the following activities require prior permission from Ministry of the Interior:

21.Repairing antiquities or monuments;

32.Repairing or reconstructing existing buildings;

43.Altering original landscapes or landforms.

The activities permitted in Article 14 are prohibited within historical preservation areas, scenic areas and ecological protection areas, except for Subparagraph 1 and 6 of Paragraph 1.

1Within scenic areas and ecological protection areas, the following activities shall be permitted in order to meet specific needs after approval by the National Park Headquarters:

21.Introducing exotic animals or plants;

32.Collecting specimens;

43.Using pesticides or herbicides.

Ecological protection areas shall take precedence over publicly-owned lands establish. Within these areas, the collection of specimens, the use of pesticides or herbicides or the construction of manmade facilities shall be prohibited. However, exceptions may be granted with the permission of Ministry of the Interior for the purpose of scientific research or special needs related to public safety or park management.

Entrance to ecological protection areas shall be allowed only after obtaining a permit from the National Park Headquarters.

Any decisions related to the development of water resources or mineral sites within scenic areas and ecological protection areas shall be subject to review by the National Park Planning Commission, and shall then be submitted by Ministry of the Interior to Executive Yuan for approval.

Academic institutions may engage in scientific research in national parks. However, they must first send a research proposal to the National Park Headquarters for approval.

To promote the educational value of the national parks, the National Park Headquarters shall employ professionals to explain natural scenery and historic sites to visitors, and to provide other appropriate specific needs services based on specific needs.

1The operating budget of the national parks shall be borne by the National Treasury upon the direction of the government. The cost of park concessions shall be borne by the operator in the case of public institutions or other private or public entities.

2The national park operating budget shall be reviewed by the National Park Planning Commission and submitted by Ministry of the Interior to Executive Yuan for approval.

3Ministry of the Interior may accept donations of funds or lands from individuals or groups for the purpose of developing the national parks.

Any person who violates Subparagraph 1 of Article 13 shall be subject to a fine of up to 1000 yuan and/or imprisonment of up to six months, detention.

Any person who violates Subparagraph 2 or 3 of Article 13, Subparagraph 1 through 4, 6 or 9 of Article 14 and any Subparagraph of Articles 16, 17 and 18, shall be punished with a fine of up to 1000 yuan. If the circumstances of the offense are serious and result in severe damage, the off ender may be sentenced to imprisonment of up to one year, detention or receive a fine of up to 1000 yuan.

Any person who violates Subparagraph 4 through 8 of Article 13, Subparagraph 1, 5, 7, 8 or 10 of Article 14, or any Subparagraph of Article 19, shall be punished with a fine of up to 1000 yuan.

1Any person who violates any provision of this Act and is punished in accordance with Articles 24 through 26 must restore the damaged area to its original status. If restoration of the area is impossible, or if doing so is extremely difficult, they shall be bound to pay compensatory damages to the national park.

2If a person has been obligated to restore a damaged area in accordance with the preceding paragraph but fails to do so, the National Park Headquarters may restore the area, or instruct a third party to do so, and any costs associated with this shall be borne by the offender.

The regulations governing alterations, management and penalties that apply to national parks shall apply to national nature parks.

The areas for which this Act shall be applied shall be determined by order of the Executive Yuan.

Details of the implementation of this enforcement rules shall be formulated by Ministry of the Interior and submitted to Executive Yuan for approval.

This Act shall become effective on the date of promulgation.