打撈業管理規則

The present Regulations are prescribed according to Section 5 of Article 17 of Commercial Port Law

1The salvage operator mentioned herein means the operator engaged in the salvage of sunken vessels, wrecks or substances.

2The person who engages in the salvage operator within the commercial port area and its administration area shall be governed by the provisions of these Regulations.

1The Ministry of Transportation and Communications (MOTC) may entrust local commercial port authority with the management of salvage operators and the penalties imposed thereon-stipulated in Commercial Port Law and these Regulations.

2For the case stated in the preceding section, the matters and the bases of laws and regulations concerning such entrustment shall be publicly announced in the government’s bulletin and web site.

For salvage operators to salvage the sunken vessels, wrecks or substances which belong to the nation, the "Application for Digging and Salvage of Buried and Sunken National Properties" shall apply in addition to the provisions prescribed herein.

1A person intending to engage in the operation of salvage shall fill out the application form together with the following document in triplicate and accompanying by a registration fee of NT$1,000 for registration of establishment, which is to be sent to local commercial port authority for review and relaying to MOTC for approval and issuing permit and such person shall also complete the company or commercial registration in accordance with the laws before commencing operations.

21.application form

32.basic information of representative

43.name list of manager(s)

54.in case of corporation organization, the drafted Articles of Corporation.

65.operation plan and budget of operating revenue and expenditure

76.list and particular of the salvage equipments

87.certificate of ship's registry and charter party for not self-owned vessel.

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1While a salvage operator applying for permit, its equipment and the qualification of its technicians shall meet the minimum standard according to regulations, and shall also be examined and recorded by the local commercial port authority and then to be submitted.

2The minimum standards of equipments of a salvage operator are as following:

31.one crane barge with weighing capacity of 30 tons and over,

42.two underwater work boats

53.four sets of dive equipments

64.four sets of dive suits

75.two units of water pumps

86.two units of sand pumps

9The qualification standards of salvage technicians are as following:

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The salvage operator, whose permission has been granted and the permit have been issued, sustains damage or loss of equipment shall sufficiently replace such equipment immediately for which shall not be lower than the minimum standard of equipments as stipulated in the preceding article second paragraph. Any further replacement or variation of equipment shall, supporting with List of Salvaging Equipment Inspected, report to the local commercial port authority for filing.

1A salvage operator desiring to alter the organization, name and address shall make an application to the local commercial port authority for relaying to MOTC for approval, and process the registration of change pursuant to laws after approved to renew company license or commercial license. And then it shall be reported to the local commercial port authority for relaying to MOTC for replacing the permit within 30 days after the completion of the company or business registration of such alteration by law.

2Where any other permitted particular alters, shall report to the local commercial port authority for relaying to MOTC for filing.

3Where alteration of address refereed to in the first section hereinabove thus causes to change the administration authority, the permit shall secure replacement by MOTC through an application made to the commercial port authority in the original district for transmitting to the commercial port authority in the new district where the address is moved.

1A salvage operator who does not commence operation within six months after being issued the permit, voluntarily suspended the business for a period of more than six months, or close business, shall report to the local commercial port authority for filing. The said salvage operator shall, within 30 days from the date of suspending or closing business, surrender the original permit to local commercial port authority for relaying to MOTC to revoke the operation permission and withdraw the permit. Failure to surrender within the specialized period, the local commercial port authority is entitled to report to MOTC for revoking its operation permission and withdraw the permit.

2In case the permit of a ship tally is revoked, the commercial port authority shall notify the authority in charge of the Registration of Company or commercial entity.

The salvage operator whose permit has been revoked or annulled will be relieved of its responsibility only after liquidating the sunken ships or substances salvaged pursuant to the laws and regulations.

1The salvage operator is not allowed operate salvage unless application has been made to the following commercial port authorities:

21.For operations within a port and the area under the jurisdiction of such port authority, the application shall be made to said port authority.

32.For operations in the area spanning two commercial port authorities' jurisdiction, the application shall be made to the MOTC for designating one of the port authorities to approve.

4While the salvage operator is entrusted to engage in the salvage operation, the operation can only be commenced that the operator has submitted the contract of entrustment as well as the salvage operation plan to the local commercial port authority and got approval from the same.

The inspection of equipment of salvage operators is divided into two categories, the periodical inspection and the temporary inspection. The periodical inspection is exercised once a year, and the temporary inspection is enforced when equipment is added, wasted, or when the local commercial port authority deems necessary.

The commercial port authority shall notify in writing salvage operators of the date of inspection within fifteen (15) days before inspection. The salvage operators to be inspected shall submit the salvaging equipment list in triplicate to the port authority at least seven (7) days before inspection.

All equipment owned by a salvage operator shall be marked with the name of owner at proper place on these equipments for checking purpose, which shall also be otherwise treated pursuant to Vessel Registration Law.

When the vessel and person of salvage operators engaged in salvage service enter and depart from a port, in addition to execute the procedures for ship entering and departing from a port according to law, shall prepare Personnel Entry and Exit List and submit to local commercial port authority for relaying to Coast Guard for checking.

1The salvage operator who needs to use explosives during salvage operation on wrecks or substances, shall detail the description, specifications and quantity of such explosives in the cargo manifest of Entry and Exit Report and shall submit relevant certified documents adhering to the Personnel Entry and Exit List.

2Any salvage operator who uses explosives shall fill out in detail the report of actual schedules of salvage and quantity of explosives used on monthly basis and shall file such report with local commercial port authority.

Notwithstanding all ships and personnel of salvage operators engaged in salvage operations shall enter and depart from the same port in principle, salvage operators may report to the local commercial port authority and Coast Guard before departure for notifying the authority and the Coast Guard at any other port where operators' ships and personnel are scheduled to enter and depart owing to the need of operation

In the event that a ship of salvage operators engaged in salvage operation needs to enter a port without prior permission because it becomes inoperative due to broken-down of machine, severe weather or other acts of god, it can enter that port subject to the local commercial port authority’s approval, and ship’s operator shall report in writing to the local commercial port authority afterwards about that causes and or reasons.

In the cases of sunken warships and the vessels engaged on non-business services or substances, for which the salvage operators are requisitioned or hired to salvage, the government authorities possessing such warships and vessels or substances shall notify with official letters the commercial port authority in order to approve the salvage operators' applications.

1The salvage operation plan set forth in the Section 2 of Article 11 shall include the particular information and location of the wreck or substances, methods of operation and duration of operation.

2The salvage operator shall be, in accordance with the salvage operation plan approved by the commercial port authority and direction expressed by the commercial port authority, to execute the salvage operation, removing works, not to harm or damage the equipment/facilities of harbor and channels or affecting navigation safety. The salvage operator shall remove the burying-sand of the wreck for which can not be left on the seabed.

3The salvage operator shall complete the salvage work within the permitted duration. Failure to complete work within the permitted duration, the salvage operator shall apply for extension to a certain further duration within 30 days before the expiry of the said permitted duration.

4The salvage operator, who violates the provisions of Section 2 of Article 11 and Section 2 and 3 of this article shall be levied on punishment, subject to the seriousness of the circumstances, in accordance with Article 46 of Commercial Port Law.

1The salvage operator shall, at seven days before commencing the operation and at the date next to the date of completing the operation, notify the local port authority the date of commencing operation and the date of completion.

2The salvage operator while salvaging shall, in addition to exhibit the signal light according to the Convention on the International Regulations for Preventing Collisions at Sea, also exhibit the warning light at an obvious and proper place in operational area according to law to secure the safety of navigation in the nearby water areas.

The formats of all documents and forms prescribed in this Regulation shall be prescribed by the MOTC.

The salvage operator, who stopped service and surrendered the permit to the local commercial port authority for recording before the date of 20th November 2003, shall apply for recovering service and return of the permit within six months of the date that this amendment is designated for implementation. The operator that failed to do so, the local commercial port authority shall report to MOTC to revoke its operation permission and withdraw the Permit

1The present Regulations shall come into force on the day of promulgation.

2The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.