Regulations for Selection of the Land, Establishment, Operation, Management, and Compensation and Rewards for Launch Center
1.中華民國一百十一年一月十八日科技部科部前字第 1110001750B 號令 訂定發布全文 18 條;並自發布日施行 中華民國一百十一年七月二十七日行政院院臺規字第 1110182320 號公 告第 2 條、第 3 條、第 4 條、第 7 條第 2 項、第 11 條第 1 項、第 12 條、第 14 條、第 15 條第 4 項、第 16 條第 7 款所列 屬「科技部」之權責事項,自一百十一年七月二十七日起改由「國家科 學及技術委員會」管轄
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These Regulations are established in accordance with Article 12, paragraph 4 of the Space Development Act (the "Act").
For purpose of these Regulations, the management entity of launch center refers to the competent authority. In case where a juristic person is specifically mandated for operation and management of the national launch center under Article 4 of the Act, as appointed by the competent authority in accordance with Article 12, paragraph 2 of the Act, the management entity refers to the specially mandated juristic person.
1To establish the national launch center and handle matters of selection of the site of national launch center, the competent authority shall convene the review meetings to review the following:
21. Program of selection of the site of national launch center.
32. Evaluation of location of the national launch center.
43. Candidate site of the national launch center.
54. Other work relating to selection of the site.
6Matters relating to convention, formation of, review and deliberation at the review meetings in the preceding paragraph shall be regulated by the competent authority separately.
1The competent authority shall publish the candidate site and hold public hearings prior to selection of the site of the national launch center. The publication period shall be 30 days or more.
2For public hearings in the preceding paragraph, a written notice shall be sent to the relevant government authorities/agencies, groups and interested parties 20 days before the hearing date, notifying them to attend the public hearing on the scheduled date, or express their opinions in writing to the competent authority within five days after the public hearing.
Selection of site of the national launch center shall comply with the applicable laws, and take into consideration industrial needs, and the potential impact of the launch center on the ecology, nature and environment, culture and landscape and residents in the area neighboring the center.
Acquisition of the land necessary for the national launch center shall comply with the applicable laws.
1Use of the launch center and related facilities and services is subject to payment of fees according to the fee rate standards
2The fee rate standards in the preceding paragraph shall be established and announced by the competent authority in accordance with the Charges and Fees Act.
1The management entity of launch center may announce and designate a certain area within the launch center as the controlled area, and establish operational regulations for restricted access to the controlled area and prohibitions and limitations within the controlled area.
2To maintain the safety of the launch center and launch activities, the management entity of launch center shall request the related authorities to impose control over people, transportation, maritime and aviation traffic and other necessary control over activities in the neighboring area and other areas that may be impacted by launch activities.
1The management entity of launch center shall establish a safety management organization for the launch center to be responsible for preparation and implementation of the safety plan for the launch center.
2The launch center safety plan in the preceding paragraph shall cover the following matters:
31. Legal basis.
42. Operating unit and its mission.
53. Formation, powers and functionalities of the safety management organization of launch center, and related matters thereof.
64. Reporting and notification of safety matters for the launch center.
75. General condition of facilities at launch center.
86. Safety measures at launch center and matters for compliance
97. Emergency response plan.
10
1The management entity of launch center shall perform safety check on owners and users of launch vehicles or spacecraft prior to launch.
2The management entity of launch center may perform security check on operating staff entering the controlled area of launch center, and may request related authorities to assist in investigation.
3When entering the launch center to perform operation, owners or users of launch vehicles or spacecraft shall follow the instructions of the management entity of launch center, and help the management entity of launch center monitor people and transportation vehicles in action nearby to prevent unauthorized people and transportation vehicles from approaching launch vehicle/spacecraft.
1The competent authority may send staff to audit, inspect, test or evaluate the safety measures for launch center adopted by operating unit at the launch center.
2The operating units in the preceding paragraph include owners or users of launch vehicles or spacecraft, public and private agencies and the safety management organizations established by the management entity of launch center.
1All space security and safety information, except that without a confidential nature and so designated by the competent authority, shall be kept in confidentiality.
2The space security and safety information in the preceding paragraph includes the following:
31. Launch center safety plan.
42. The operating safety plan for launch center adopted by the owners or users of launch vehicles or spacecraft using the launch center
53. Other information to be kept in confidentiality as determined by the competent authority.
1A land owner or user who has suffered losses due to establishment and use of a launch center or its facilities may submit an application and supporting documents such as evidence of losses to the management entity of the launch center for compensation.
2In the event of multiple parties as land owners or users who have suffered losses in the preceding paragraph, the parties shall agree to have one of them to file an application on their behalf.
1Where compensations are required as determined by the management entity of launch center, the value of compensations shall be negotiated between the applicant and the management entity of the launch center. If no such agreement is reached, after review of a compensation for loss of rights and interest review panel formed by the management entity of the launch center, the case shall be submitted to the competent authority for determination
2Matters related to formation, makeup and deliberation of the review panel as in the preceding paragraph shall be separately regulated by the management entity of launch center and then reported to the competent authority for recordation.
1The local government of the town/city/district where the launch center is located and where launch takes place may, based on the purpose of rewards, file an application every year to the management entity of the launch center to apply for rewards.
2The management entity of launch center shall evaluate the maximum budget of rewards every year
3The management entity of launch center shall establish a reward review team to handle reviews of budget of rewards.
4Matters related to formation, makeup and deliberation of the review team as in the preceding paragraph shall be separately regulated by the management entity of launch center and then reported to the competent authority for recordation.
5Rewards received by the local government of the town/city/district where the launch center is located and where launch takes place shall be included in the budget for utilization.
1The rewards in the preceding paragraph may be used for the following purposes:
21. Activities relating to maintenance of health and wellbeing of residents.
32. Scholarships and financial aids.
43. Social welfare.
54. Cultural activities
65. Funding for community-based construction projects
76. Activities that promote public interest.
87. Other purposes specified or approved by the competent authority.
The management entity of launch center shall prepare budgets for compensation and rewards.
These Regulations shall come into force upon publication.
119. Supervision and performance review.
1210. Other related matters.
13All public and private organizations and their staff operating at the launch center shall comply with the regulations of the launch center safety plan.