國土計畫法

This Act specifically establishes guidelines concerning measures to be taken to cope with climate change, assure land use safety, conserve the natural environment and cultural assets, promote the reasonable allocation of resources and industries, strengthen land consolidation and management mechanisms, and restore sensitive areas and damaged land in pursuit sustainable development.

The competent authority referred to in this Act shall be the Ministry of the Interior at the national level, the municipality government at the municipality level and the county (city) government at the county (city) level.

1The following terms, used in this Act, shall be defined as follows.

21.Spatial plan: establishment of spatial development plan to set guidelines for the conservation and utilization of resources on the land and in marine under the jurisdiction of the ROC government, to achieve the sustainable development goal.

32.National spatial plan: a plan established with specific objectives and consistent with relevant policies, concerning the land use throughout the country.

43.Municipality or county (city) spatial plan: a plan established for the development and control of land and marine under the jurisdiction of a municipality or county (city) government.

54.Metropolitan area: an area that consists of one or more central cities as the core and municipalities, counties (cities) and townships (towns, cities and districts) that are socially and economically associated closely with the core.

65.Specific area: an area designated by the central competent authority as having particular natural, economic, cultural significance or other properties.

76.Sectoral spatial development strategy: a development strategy that has been established by the competent authority after consultation with the relevant authorities.

1The central competent authority shall be responsible for the following.

21.Establishment, announcement, revision and enforcement of the National spatial plan.

32.Review, approval and supervision of the spatial plan that are established by municipality or county (city) governments.

43.Establishment of functional zone demarcated priorities and principles.

54.Establishment of land use permit systems and regulatory measures for land use control.

65.Issuance of land use permits for environmental conservation zones and marine resource zones, review and approval of permit changes and revocation of permits.

76.Other relevant issues.

8The competent authorities of municipalities or counties (cities) shall be responsible for the following.

91.Establishment, announcement, revision and enforcement of municipality, county (city) spatial plans.

The central competent authority shall release a spatial planning white paper periodically through regular channels, on the Internet, and through other appropriate channels.

1The basic spatial planning principles are as follows.

21.Spatial planning shall comply with international conventions and regulations and promote sustainable development.

32.Natural conditions, water resources and climate change shall be taken into consideration in spatial planning to establish the capacity to prevent disasters on land and facilitate emergency responses.

43.Environmental conservation zones shall be used for conservation purposes and other uses may be prohibited or restricted accordingly.

54.Marine resource zones shall be used with resource sustainability taken into consideration; diverse needs shall be consolidated and priorities of uses shall be established.

65.Agricultural development zones shall be used to ensure food security. Important agricultural production environments and facilities shall be safeguarded and fragmented development shall be avoided.

76.Urban-rural development zones shall be guided toward compact development and placed under growth management to create suitable and harmonious living environments and efficient production environments as well as to provide sufficient public facilities.

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1The Executive Yuan shall recruit and appoint scholars, specialists, representatives from non-governmental organizations and relevant authorities to form a spatial planning committee to meet and conduct the following.

21.Review and approval of the National spatial plan.

32.Coordination of sectoral plans with the National spatial plan.

4The central competent authority shall recruit and appoint scholars, specialists, representatives from non-governmental organizations and relevant authorities to form a spatial planning committee to conduct the following.

51.Review and approval of the National spatial plan drafts and changes.

62.Review and approval of the municipality or county (city) spatial plans.

73.Reconsideration of the municipality or county (city) spatial plans.

84.Review and approval of applications for permits to use environmental conservation zones and marine resource zones, and review and approval of permit changes and revocation of permits.

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1The types of spatial plans are as follows.

21.National spatial plan.

32.Municipality or county (city) spatial plans.

4When drawing up the National spatial plan, the central competent authority may consult with relevant authorities in establishing plans for metropolitan areas or specific areas. Municipality or county (city) governments may also jointly work out plan contents for relevant metropolitan areas or specific areas and present these contents for review by the central competent authority for potential inclusion in the National spatial plan.

5When drawing up municipality or county (city) spatial plans, the municipality or county (city) governments may handle rural planning and establish rural area plans depending on actual local needs, such contents may be presented as attachments of the municipality or county (city) spatial plan.

6Spatial plans that are established by municipalities or counties (cities) governments may not conflict with the National spatial plan.

7National park plans, urban plans and departmental plans that are established by the specific competent authorities may not conflict with the National spatial plan.

1National spatial plan that is established by the central government shall include the following information.

21.The range and duration of the plan.

32.The objectives of sustainable national land development.

43.Basic surveys and development predictions.

54.Strategies for national spatial development and growth management.

65.Demarcation conditions, demarcation priorities, and land use guidelines for functional zones and sub-zones.

76.Sectoral spatial development strategies.

87.Disaster prevention strategies and climate change adaptation strategies.

98.Principles for demarcation of environmental restoration areas.

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1Spatial plans that are established by municipalities or counties (cities) governments shall include the following information.

21.The range and duration of the plan.

32.Instructions set forth in the National spatial plan.

43.Development goals of the municipality or county (city) .

54.Basic surveys and development predictions.

65.The spatial development and growth management plans of the municipality or county (city).

76.Demarcation, adjustment, and land use control principles for functional zones and sub-zones.

87.Sectoral spatial development plans.

98.Climate change adaptation plans.

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1The agencies that are responsible for the establishment, review and approval of the National spatial plan are as follows.

21.National spatial plan: to be established and reviewed by the central competent authority and presented to the Executive Yuan for approval.

32.Municipality or county (city) spatial plans: to be established and reviewed by the competent authority of each municipality or county (city) government and presented to the central competent authority for approval.

4If the specific areas in the National spatial plan, as stated in the preceding paragraph, include the land or sea area that belong to indigenous people, then these areas shall be jointly established by the central competent authority and the central competent authority for indigenous peoples in accordance with Article 21 of the Indigenous Peoples’ Basic Law.

1Opinions of scholars, specialists and related non-governmental organizations shall be extensively solicited by holding seminars or other means in support of the establishment of the National spatial plan.

2Each spatial plan shall be publicly exhibited for 30 days and public hearings shall be held before it is presented for review and approval. The dates of the open exhibition and public hearings shall be posted in government gazettes and newspapers as well as on the Internet and publicized through other appropriate channels. Within the public exhibition period, private individuals and groups may present in writing their opinions to the competent authority, indicating their names or titles and addressees. The competent authority shall review such opinions and present them, the results of its review, and the plan, to the Executive Yuan or the central competent authority for decisions.

3The process, outcomes, the decisions concerning the opinions from private individuals and groups, and related information of the review, referred to in the preceding paragraph, shall all be posted on the Internet, in government gazettes or publicized through other appropriate channels for public viewing.

1Once a spatial plan has been approved, the agency that drew up the plan shall publicly announce the implementation thereof within 30 days of receiving the approval document, and it shall also send a copy of the plan to each concerned municipality or county (city) government and township (town, city, district) office, to be publicly exhibited for at least 90 days. At the same time, the outline of the plan shall be published in government gazettes and newspapers as well as on the Internet, and publicized through other appropriate channels.

2If a municipality or county (city) government fails to make such an announcement, the central competent authority may do so on its behalf.

A municipality or county (city) government, having established a spatial plan, may apply for reconsideration of a decision made concerning the plan, by filing such an application before the implementation of the plan is announced, in accordance with the regulations set forth in paragraph of the preceding article. This application may be filed once only. If the original decision is upheld after reconsideration, then the government shall comply with the aforementioned regulations and announce the implementation of the plan.

1After the National spatial plan has been announced, the competent authorities of municipality or county (city) government shall draw up or revise their spatial plan within the period that has been specified by the central competent authority. However, municipalities or counties (cities) government that had already announced the implementation of urban plans or national park plans for all their administrative districts may be excluded.

2The central competent authority may apply Articles 11 to 13 mutatis mutandis and draw up or revise the municipality or county (city) spatial plans for municipalities and counties (cities) that fail to comply with the regulations set forth in the preceding paragraph.

3After the implementation of the National spatial plan has been announced, the central competent authority shall revise it every ten years .After the implementation of the municipality or county (city) spatial plan has been announced, the municipality or county (city) competent authority shall revise it every five years. However, under any of the following conditions, the plan may be revised as soon as possible.

41.Damage has occurred as a result of war, an earthquake, a flood, a storm, a fire or any other critical incident.

52.The conservation of resources or prevention of a major disaster is deemed necessary.

63.National defense or important public facilities or a public utility project is deemed necessary.

1After announcing the implementation of a municipality or county (city) spatial plan, the competent authority of a municipality or county (city) shall notify the local urban planning authority to establish or revise urban plans consistent with the guidelines set forth in the spatial plan.

2The central competent authority or the competent authority of the municipality or county (city) may make the urban planning authority responsible for establishment or revision of the urban plan as stated in the preceding paragraph within a given period, or may itself establish or revise urban plans if necessary.

1In addition to following the guidelines set forth in the spatial plans, the relevant authorities shall also consult the opinions of competent authorities of the same level during the planning stage when establishing sectoral plans that are important and of scale up to a certain threshold.

2When a sectoral plan that is to be executed by the central relevant authority is in conflict with sectoral spatial development strategies or plans of the different level spatial plans, it shall be presented to the central competent authority for coordination by the central competent authority and may be presented to the Executive Yuan for a final decision if such coordination fails.

3The central competent authority shall determine the criteria for defining sectoral plans that are important and of scale up to a certain threshold, as stated in Paragraph 1.

1When competent authorities of various levels need to enter public or private land or buildings to perform investigations or surveys in pursuit of the establishment or revision of spatial plans, the owners, occupants, managers or users of such properties may not refuse. However, to enter land and facilities that are used for national defense purposes, the consent of authorities with jurisdiction over such land and facilities shall be required.

2Personnel who enter public or private property for investigation or survey, as stated in the preceding paragraph shall present documentary proof or certificates and notify the owners, occupants, managers or users of the property seven days before entry.

3If certain obstacles must be removed or dismantled to conduct an investigation or survey, as referred to in the preceding paragraph, and doing so causes damage to the property of the owners or users, appropriate compensation shall be provided and the amount shall be decided by negotiation.

1When the competent authority needs to collect, coordinate and consolidate spatial planning information and data concerning environmentally sensitive areas for the establishment of a spatial plan, all relevant authorities shall assist and provide such information and data. The central competent authority shall also survey land cover and monitor land use on a regular basis.

2The central competent authority shall establish regulations regarding the survey and monitoring , referred to in the preceding paragraph.

3Access to the information that is referred to in Paragraph 1 shall be provided in accordance with the Freedom of Government Information Law.

1The demarcation principles that are used in functional zone and sub-zone are as follows.

21.Environmental conservation zones: To be demarcated by natural resources, ecology, landscape, disasters, and the deployment of corresponding disaster prevention facilities, shall be taken into account and areas shall be classified by their degree of environmental sensitivity.

3A.Type 1: areas with abundant resources, important habitats, an exceptional landscape or susceptibility to disaster, and with an environment that is highly sensitive.

4B.Type 2: areas with abundant resources, important habitats, an exceptional landscape or susceptibility to disaster, and with an environment that is weakly sensitive.

5C.Other necessary types.

62.Marine resource zones: to be demarcated by the current states of internal and territorial marine, future developmental requirements, current conservation and utilization of marine resources, traditional use of such resources by indigenous people, and special and other uses, and to be classified according to the needs of the use of marine.

7A.Type 1: areas with an exclusive use.

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1The land use principles that are used in functional zone and sub-zone are as follows.

21.Environmental conservation zones:

3A.Type 1: areas where the natural environment is to be protected and other uses are prohibited or restricted.

4B.Type 2: areas where the natural environment is to be protected as much as possible and conditional uses may be permitted.

5C.Other necessary types: areas where various degrees of use control are imposed as determined by the characteristics of the environmental resources.

62.Marine resource zones:

7A.Type 1: areas where public safety and welfare are to be protected or that meet the requirements for conditional exclusive uses, with other uses prohibited or restricted.

8B.Type 2: areas designated as public access or compatible uses.

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1nce the implementation of a municipality or county (city) spatial plan has been announced, each competent authority shall act in a manner consistent with the functional zones at various levels and produce corresponding functional zone maps; define the land for designated use and present them to the central competent authority for approval and announcement, and enforce relevant regulatory measures.

2In addition to establishing the functional zone maps, referred to in the preceding paragraph, except for enhancing environmental conservation that allowed to revise occasionally,the competent authorities of municipality or county(city) shall generate such maps within the period specified in the spatial plans, and present them to the central competent authority for approval and announcement.

3The central competent authority shall establish regulations to designate the agencies that are responsible for producing the functional zone maps and defining the land for designated use referred to in the two preceding paragraphs, the method of their production, the scales thereof, review and revision procedures, and their announcement.

1If lands in other functional zones meet the demarcation principles for environmental conservation zones, then not only will control be imposed according to the land use principles that govern such zones, but also the use of such lands will be prohibited or restricted, as determined by its resources, ecology, landscape, and the characteristics and magnitudes of potential disasters.

2The central competent authority shall establish regulations concerning functional zones ,sub-zones and land for designated use; and shall establish regulations concerning converting and scales , the constructible land and building intensity, items, conditions, procedures of land use whose use must be approved only after an application, land use items which do not need an application for approval, prohibited or restricted land use, and land uses to be placed under control. However, areas that are covered by urban plans or national park plans shall be subject to the Urban Planning Law, the National Park Law and related regulations.

3If any of the regulations to be established by the central competent authority, referred to in the preceding paragraph, affect indigenous people’s land, sea or tribes, then Article 21 of the Indigenous Peoples Basic Law shall apply and the central competent authority shall work with the central competent authority for indigenous peoples to establish such provisions.

4Depending on actual local needs, the competent authorities of municipalities or counties (cities) may act by guidelines that have been set forth in corresponding the National spatial plan to establish control regulations and present them to the central competent authority for approval.

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1The land use complying with the principles set forth in Article 21 concerning functional zones and sub-zones, that are special and of scale up to a certain threshold, should apply the permits. The application for permits , shall include the documents and plans that are specified in Article 26. The central competent authority shall establish the criteria for determining the aforementioned area and properties of land use.

2Applicants who have received land use permits, referred to in the preceding paragraph, may not change the functional zone and sub-zone; land reclamation shall be permissible only in urban-rural development zones and must meet the requirements for coastal and marine spatial planning.

3Applications for use permits, referred to in Paragraph 1, shall be filed with the competent authority of the relevant municipality or county (city). Land use permit applications that involve environmental conservation zone or marine resource zone shall be forwarded to the central competent authority for review and other types of applications shall be reviewed by the competent authorities of municipalities or counties (cities). However, applications that involve areas that span more than two municipalities or counties (cities); applications for approval to use land for national defense, important public facilities or public utility projects that involve two or more functional zones and therefore concern different competent authorities, and applications that involve land reclamation, shall all be reviewed by the central competent authority.

4Applications for change of use in a plan that has already been approved by the competent authority shall be processed as specified in Paragraphs 1 and 3. However, these procedures may be simplified if the change applied for is not complicated.

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1Having accepted a land use permit application and confirmed that the application meets the pertinent requirements, the competent authority of a municipality or county (city) shall publicly exhibit for 30 days the submitted documents and plans at the office of the township (town, city, district) that has jurisdiction over the location with which the application is concerned; this competent authority shall also hold public hearings before reviewing the application. However, documents and plans that are submitted with applications to be reviewed by the central competent authority, as specified in Paragraph 3 of the preceding article, shall be publicly exhibited for 30 days and public hearings shall be held after the applications have been confirmed as meeting the corresponding requirements and forwarded to the central competent authority by the competent authorities of the relevant municipalities or counties (cities).

2The time, location and procedure of each public hearing, referred to in the preceding paragraph, shall be posted on the Internet as well as in government gazettes, newspapers or through other appropriate channels for public access. The owners of the land referred to in the land use permit application shall also be notified in writing unless the public hearing has already been held under other regulations and relevant information has already been posted on the Internet for public access, with the landowners already notified in writing thereof.

3During the public exhibition period, private individuals and groups may present opinions to the competent authority, providing their names or titles and addresses. The competent authority shall compile such opinions within 30 days of the end of the public exhibition period and present them with the application and submitted documents and plans for review.

4The central competent authority shall establish the regulations regarding the procedures for the public exhibition and public hearings, referred to in the three preceding paragraphs, as well as the procedure for dealing with opinions from private individuals.

1Land use permit applications that are filed according to Article 24 shall be submitted with the following documents and plans.

21.The application and land use plan.

32.Proof of consent of owners of land and buildings inside the area that is covered by the land use plan, unless the applicant may apply for expropriation of the area or re-demarcation in accordance with the Rural Community Land Readjustment Act.

43.Proof of consent of other competent authorities if such consent is required according to other regulations.

54.Proof of consent from the relevant authority.

65.Other required documents.

7When reviewing land use permit applications, the competent authority shall consider the suitability of the land use, the service level of transportation and public facilities, as well as the carrying capacity of the natural environment and manmade facilities. Applications that meet the following requirements shall be approved in accordance with the characteristics of functional zones.

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1Once a land use permit application has been approved according to the preceding article, the competent authority shall issue the land use permit and publicly exhibit the submitted documents and plans in the offices of the relevant municipality or county (city) governments and townships (towns, cities, districts) for no less than 30 days. At the same time, the competent authority may also publish the outline of the spatial plan in government gazettes, newspapers, on the Internet or through other appropriate channels for public access.

2Land for designated use, land use allocation, land use items and the intensity, in the approved land use plan shall be considered as the basis for land use control in the area of concern.

1The central competent authority shall collect environmental conservation fees from any applicant who receives land use permits to cover expenses related to the environmental conservation. The competent authorities of municipalities and counties (cities) shall also collect impact fees from applicants, which shall be used to improve or construct public facilities. Impact fees may be paid in the form of constructible land inside the areas that are covered by land use permits.

2After collecting the impact fees stated in the preceding paragraph, the competent authorities of municipalities and counties (cities) shall use these funds in a certain period for the purposes specified in the preceding paragraph. If they fail to do so, applicants may request the competent authorities of municipalities and counties (cities) to return the impact fees.

3The collection of impact fees, referred to in Paragraph 1, is intended to support the implementation of spatial plans, or similar fees are to be collected under other regulations, then the impact fees may be reduced or not collected.

4The central competent authority shall establish regulations regarding the collection, the rates, periods in which the funds must be used, usage, reduction and exemption of impact fees and return of impact fees, the payment of impact fees with constructible land, and related matters of environmental conservation fees and impact fees, referred to in the three preceding paragraphs.

5Each competent authority of municipality or county (city) may set up a fund of the collected impact fees and shall establish regulations with respect to the administration and utilization of the fund.

1After receiving a land use permit from the competent authority, each applicant shall undertake the following before beginning to use the land according to the approved plan.

21.Delineate areas to be registered as for public facilities and belonging to the municipality or county (city) or township (town, city, district) and transfer the ownership of such areas to the municipality or county (city) government or township (town, city).

32.Pay the environmental conservation fee to the central competent authority and the impact fee to the competent authority of the municipality or county (city).

43.Change the land for designated use according to the land use plan.

5Public facilities shall be completed in stages according to the land use plan and must pass inspections before the applicant can obtain use permits for these facilities; the applicant must also register such facilities as the property of the municipality or county or township (town. city) before the competent authority may issue use permits for buildings in areas that are not for public facilities. However, applicants who have offered to provide services in place public facilities and have obtained the consent of the competent authorities of municipality or county (city) or the building authority, are excluded.

6Article 25 of the Land Act shall not apply when an applicant constructs public facilities in the land for public facilities, as stated in the preceding paragraph.

1As set forth in Article 24, after applications for land reclamation permits are obtained, applicants shall present their land reclamation engineering plans and pay the bond within the specified period. After the competent authority of the concerned municipality or county (city) has approved the plans and the land reclamation has been completed accordingly, the applicant may proceed with the undertakings specified in Paragraph 1 of the preceding article.

2If a land reclamation plan involves national defense or is deemed by the central competent authority as raising public safety issues that are likely to affect municipalities or counties (cities), then the approval of the central competent authority shall be required.

3If an application for land reclamation, as stated in Paragraph 1 is not filed, a land use permit that has been obtained under Article 24 shall lose its validity. If a land reclamation plan is rejected or not approvaled , then the reviewing agency shall ask the central competent authority to revoke the land use permit that was obtained by the applicant under Article 24.

4The central competent authority shall establish regulations regarding the contents of land reclamation engineering plans, the formats of documents and plans to be submitted, the application timeline, extensions, bond amount, reduction and exemption, payment, expenditure, return, land reclamation engineering management, and related matters.

5Application for land reclamation shall comply with other regulations that include relevant provisions. Otherwise, applications shall be filed according to the timeline specified in Paragraph 1.

The provisions in Articles 25 and 27 regarding public exhibition, public hearings and the public announcement shall not apply if the contents of the land use plans involve national secrets or contain information that is designated by other laws and regulations as confidential or restricted.

1After announcing a functional zone map, the competent authority of each municipality or county (city) shall act according to the regulations set forth in the Act and impose land use control. Besides reparation of existing legal buildings and facilities or buildings and facilities that were built before the implementation of regional plans, or facilities that are not subject to the land use control provisions set forth in Paragraph 2 or 4 of Article 23, no new construction or reconstruction may be conducted. If necessary, the competent authority of the municipality or county (city) may assess the situation and order a change of land use or require that the users of existing legal buildings and facilities to relocate, providing appropriate compensation for costs incurred from relocation. Before ordering a change of land use or relocation, the competent authority of the municipality or county (city) may allow uses that were permitted before the implementation of regional plans, original legal uses, or change the use of such buildings and facilities to that is less against to the purposes.

2When changing constructible land to non-constructible land in a spatial plan, the competent authorities of municipalities or counties (cities) shall provide compensation for damage thus incurred.

3The central competent authority shall establish regulations regarding compensation referred to in the two preceding paragraphs, and related matters.

If the government deems necessary the acquisition of land, buildings or facilities to enforce environmental protection and ecological conservation, then the relevant authorities shall act according to the other law and appropriate funds to purchase or expropriate such properties.

1If an applicant for a land use permit violates this Act or orders that have been established in accordance with this Act, and the competent authority is negligent in supervision, then citizens or public interest groups whose rights and interests had been violated may present written statements that include detailed descriptions of such negligence to the competent authority. If the competent authority still fails to take necessary action under law within 60 days of receiving such written statements, the said citizens or public interest groups may file with the Administrative Court lawsuits against the competent authority for negligence in the execution of its duty.

2The Administrative Court may order the defendant, the competent authority, to pay the lawyer’s fees, appraisal costs and other litigation expenses of the plaintiffs.

3The central competent authority shall define the format of the written statement that is referred to in Paragraph 1.

1The relevant authority may demarcate the following areas as environmental restoration areas to carry out restoration works, the consent of the central competent authority for indigenous peoples shall be required when involving indigenous people’s land or tribes.

21.Areas with a high potential for mudslides.

32.Areas with severe landslides.

43.Areas with severe land subsidence.

54.River basins with deteriorating ecological environments or safety hazards.

65.Areas where the ecological environment has seriously deteriorated.

76.Other areas that exhibit high geological sensitivity or are likely to have a severe impact on environmental conservation.

8The central competent authority shall consult with the relevant authorities to establish regulations regarding demarcation, announcement and repeal of environmental restoration areas.

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1In principle, environmental restoration areas shall be used for conservation, and development and the installation of any facilities shall be prohibited. The demarcating agency shall establish restoration plans and execute them after they have been approved by the central relevant authority. If such areas include indigenous people’s land, then the demarcating agency shall invite indigenous tribal settlements to send representatives to participate in plan establishment and execution and management.

2The restoration plans that are referred to in the preceding paragraph shall be comprehensively reviewed every five years. If changes are deemed necessary, the responsible agency shall request the Executive Yuan to approve such changes. The central competent authority shall define the objectives and contents of the restoration plans, the criteria by which they shall be changed, and conditions for the prohibition and restriction of uses, or the acceptance of compatible uses.

3When executing the restoration plans that are referred to in Paragraph 1, the each relevant authority may act under law to purchase or expropriate private land and legal buildings in the area if necessary.

1If existing settlements or buildings and facilities in environmental restoration areas are assessed by the central relevant competent authority or the municipality or county (city) government with jurisdiction over the area as having safety hazards, restriction of occupancy or forced relocation may not be imposed unless the immediate danger is expected.

2If areas are assessed as having safety hazards, referred to in the preceding paragraph, then the central relevant competent authority, municipality or county (city) shall establish appropriate placement plans and complementary measures, and obtain the consent of the residents to build homes that favor ecological sustainability on safe and suitable land to accommodate those residents and assist in their settling, finding employment, schools and retirement homes, and preserving their traditional culture. If necessary, the Executive Yuan shall coordinate and consolidate such undertakings.

1Land users who engage in activities of a certain scale or of particular nature that is inconsistent with the principles of functional zone and sub-zone shall be subject to fines of no less than NT$1 million but no more than NT$5 million, to be imposed by the competent authority of the municipality or county (city) with jurisdiction over the area.

2Under one of the following circumstances, the competent authority of the municipality or county (city) with jurisdiction over the area shall impose a fine of no less than NT$300,000 but no more than NT$1.5 million on the offender.

31.Land use up to a certain scale or with a particular purpose that complies with the principles of functional zone and sub-zone without a permit.

42.Land use inconsistent with the land for designated use and allocation, items and intensity in the approved land use plan.

5The competent authority of the municipality or county (city) with jurisdiction over the area shall impose a fine of no less than NT$60,000 but no more than NT$300,000 on land users who violate the land use control regulation set forth in Paragraph 2 or 4 of Article 23.

6The competent authority of the municipality or county (city) with jurisdiction over the area may order land users who have penalized under the regulations set forth in the three preceding paragraphs to apply for a land use change, stop using the land or dismantle buildings thereon to restore the land to its original condition. If the user runs a business on land under land use control, then the competent authority may order the suspension of the business and notify the relevant authority to revoke part or the entire registration of the business.

1If the situation that is described in Paragraph 1, 2 or 3 of the preceding article` occurs and causes accidents, then the offender shall be subject to a prison term of no more than seven years as well as a fine no more than NT$5 million. If deaths happen as a result, then the offender shall be subject to a prison term of no less than five years but no more than 12 years and a fine of no more than NT$10 million. If the offense causes serious injuries, then the offender shall be subject to a prison term of no lessthan three years but no more than ten years as well as a fine of no more than NT$7 million.

2Any crops, tools, working materials and machines involved in the offenses that are described in the preceding paragraph shall be confiscated, whether it belongs to the offender or not.

1Competent authorities of municipalities and counties (cities) shall enhance their land use violation inspections and appropriate a certain percentage of fines imposed under Article 38 to encourage the public to report unlawful land use.

2The central competent authority shall establish regulations regarding objects, criteria, scope, and related matters of incentives to encourage the public to report unlawful land use, referred to in the preceding paragraph.

1The central competent authority shall consult with relevant authorities to define the areas of marine to be placed under the jurisdiction of the competent authorities of municipalities and counties (cities).

2The Coast Guard Administration shall provide vehicles and protection when competent authorities of different levels investigate and collect evidence concerning violations of this Act in the marine under their jurisdiction.

The central competent authority shall establish the definition of important public facilities or public utility projects that are referred to in Subparagraph 3 of Paragraph 3 of Article 15 and Paragraph 5 of Article 23.

The government shall consolidate the resources of national spatial research institutions; promote national spatial planning research, and designate a central-level judicial person or institution for national spatial planning research projects if necessary.

1The central competent authority shall set up the Sustainable Development Fund. The sources of the fund shall include the following.

21.Environmental conservation fees that are collected from applicants for land use permits.

32.Funds that have been appropriated by the government according to the budgeting procedure.

43.A percentage of fees that are collected by the Taiwan Water Corporation.

54.A percentage of fees that are collected by the Taiwan Power Company.

65.A percentage of fines that are imposed for violations of this Act.

76.Private donations.

87.Accrued interest from the fund.

98.Other income.

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1The central competent authority shall announce the National spatial plan within two years after this Act takes effect.

2The competent authorities of municipalities and counties (cities) shall announce the implementation of municipality and county (city) spatial plans on the date specified by the central competent authority within three years after the announcement of the implementation of the National spatial plans; they will also publicly post the functional zone maps on the date specified by the central competent authority within ten years after the announcement of the implementation of municipality and county (city) spatialplans.

3The Regional Planning Act shall cease to apply on the day the competent authorities of municipalities and counties (cities) publicly post the functional zone maps.

The central competent authority shall establish rules for the enforcement of this Act.

1The Executive Yuan shall determine the effective date of this Act within one year after this Act is promulgated.

2The amendments to this Act shall come into force from the date of promulgation.