氣象法

This Act is specifically enacted in order to enhance meteorological services and to improve the observing and forecasting systems. Items not covered under this Act are to be referred to other laws and/or regulations.

1The terms used in this Act are defined as follows:

21. METEOROLOGICAL OPERATION Observations of meteorological, seismological, and marine meteorological phenomena, collection of data thereof, and issuance of the analysis and evaluation of such data.

32. METEOROLOGICAL PHENOMENON Atmospheric phenomena of all types.

43. SEISMOLOGICAL PHENOMENON The shaking of ground and other related phenomena caused by stratum dislocation or volcanic activities.

54. MARINE METEOROLOGICAL PHENOMENON Tides, waves, and other natural phenomena existing on the interface between the atmosphere and the sea.

65. WEATHER MODIFICATION The act of utilizing scientific technology to modify weather phenomena.

76. OBSERVATION The observing and measuring of meteorological, seismological, or marine meteorological phenomena.

87. METEOROLOGICAL FACILITY OR EQUIPMENT Facility or equipment necessary for engaging in or carrying out meteorological operations.

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1The authority governing this Act is the Ministry of Transportation and Communications (hereinafter referred to as MOTC).

2The meteorological services shall be conducted by the Central Weather Administration (hereinafter referred to as CWA) of the MOTC.

1For the purpose of promoting international cooperation in meteorological services, the MOTC may establish meteorological cooperative agreements and/or exchange meteorological data with foreign meteorological authorities or agencies on the basis of mutual benefit.

2The MOTC may entrust private organizations with the execution of the preceding issues.　 Such private organizations may act on behalf of the government to negotiate with foreign or international meteorological organizations about meteorological services and/or to sign relevant agreements. 　The agreements shall be established in compliance with the appropriate laws and/or regulations.

The CWA may provide data of meteorological, seismological, or marine meteorological phenomena, or specified meteorological services to a government agency, institution, organization, or individual for research or application purposes.

1A government agency, institution, organization, or individual would like to undertake a weather modification program shall obtain approval from the MOTC in advance.　 The MOTC may dispatch a representative to supervise the modification process.

2The MOTC may rescind the preceding approval it has granted if the government agency, institution, organization, or individual fails to undertake the program or refuse the supervision.

The CWA may select appropriate sites nationwide to establish observation stations to perform meteorological, seismological, or marine meteorological observation.

1A government agency, institution, organization, or individual may apply for approval of its existing observation station as an exclusive observation station from the CWA.

2The regulations governing the qualifications, conditions, classifications, observation items, location, instruments, observation time, turning in the observation reports, assistance, training, application procedure, alternation, abolition, and other relevant issues for an approved exclusive observation station shall be enacted by the MOTC.

The MOTC shall assign a station number to each CWA’s observation station and exclusive observation station and notify the domestic and international meteorological organizations and agencies of such information.

1A ship with a communication radio in compliance with relevant ship laws and/or regulations shall install meteorological instruments as well.

2The ship, in compliance with the preceding paragraph, navigating within the exclusive economic and fishery zone shall transmit its meteorological observation data in a timely manner to the CWA.

1Domestic and foreign aircraft flying over the Taipei Flight Information Region shall comply with the ICAO (International Civil Aviation Organization) Standards, Recommended Practices and Procedures to submit meteorological information obtained during the flight to the Civil Aeronautics Administration (hereinafter referred to as CAA) of the MOTC.

2Upon receiving the preceding information, the CAA shall forward to the CWA immediately.

The CWA may give technical instruction to meteorological observers working on ships or aircraft described in the preceding two articles.

1To ensure the accuracy of surface meteorological observations and the completeness of remote sensing information, the CWA may report to the MOTC, in consultation with Ministry of the Interior and other relevant agencies, to determine the guideline areas within reasonable limits, prohibiting or restricting construction height of buildings surrounding radiosonde tracking device, weather radar antenna and/or polar-orbital meteorological satellite tracking antenna, and the observation enclosures. 　The determined guideline areas shall be announced publicly by the related municipal and/or county (city) governments.

2The regulations governing the announced prohibition or restriction of construction areas and heights in accordance with the preceding paragraph, announcement procedures, lifting of such prohibition or restriction, and compensation shall be enacted by the MOTC and the Ministry of the Interior.

1The meteorological, seismological, or marine meteorological observers of the CWA entering private or governmental property, water, or building(s) to conduct an observation shall be accompanied by a local village chief and submit their official identification.　 The owner, user, or resident of the property shall not deny, refuse, evade, or interfere with the entry.

2Before the entry of a building in accordance with the preceding paragraph, a notice shall be given to the owner, user, or resident of that building three days prior to the entry.

Should meteorological, seismological, or marine meteorological observation be hindered by an obstruction, the CWA may inform the owner or occupant to remove or relocate it within thirty days, if necessary.　 If the owner or occupant cannot be reached or they fail to remove or relocate the obstruction within the allotted time, the CWA may remove the obstruction on its own.

1Appropriate compensations shall be given to the individual who endures a loss of his property due to the entry or removal or relocation of the obstruction(s) based on the authority granted in accordance with the preceding two articles.

2The amount of compensations in accordance with the preceding paragraph shall be decided upon a negotiation between the CWA and the property owner.

1The nationwide meteorological, seismological, and marine meteorological forecast(s) and warning(s) shall be centralized issued by the CWA.　 However, the military meteorological organizations and the CAA meteorological affiliate, for exclusive needs of the military or aviation safety, and an entity with the approval under Paragraph 1 of Article 18, shall not be governed under this Article.

2The regulations regarding the types, contents, procedures of issuance, lifting, and dissemination of the forecast(s) and warning(s) shall be enacted by the MOTC in accordance with the preceding paragraph.

1With the approval of the CWA, a government agency, institution, organization, or individual may issue weather or marine weather forecasts, but cannot issue any warning(s) or hazardous weather forecast(s) of torrential rain and typhoon.

2When issuing the approved forecasts in accordance with the preceding paragraph, the complete title of the government agency, institution, organization, or the full name of the forecaster shall be noted. When issuing the approved hazardous weather forecast(s), the corresponding warning(s) or hazardous weather forecast(s) issued by the CWA shall be noted simultaneously.

3The regulations governing the conditions and duration of an approval, its contents, operating procedures, annulment and the criteria therefor, and other relevant items shall be established by the MOTC in accordance with Paragraph 1 of this article.

1The media and news agencies shall timely and precisely disseminate the weather, earthquake, and marine weather forecast(s) and warning(s) issued by the CWA. Any error appearing in the preceding coverage shall be corrected promptly after receiving notification from the CWA.

2When reporting weather or marine weather forecast(s) not issued by the CWA, the corresponding forecast(s) issued by the CWA shall be noted simultaneously in accordance with the terms of Paragraph 2, Article 18.

1The exclusive observation station, installing specified types of instruments, shall apply to the CWA, or a laboratory accredited by the Chinese National Laboratory Accreditation (hereinafter referred to as CNLA), or a laboratory accredited by an internationally cross-recognized foreign country, for validation of calibration of said instruments prior to use.

2Each exclusive observation station utilizing calibrated instruments, shall apply to the CWA, or a laboratory accredited by the CNLA, or a laboratory accredited by an internationally cross-recognized foreign country, for periodic validation of calibration of said instruments in use.

3Should any exclusive observation station be in violation of the preceding two paragraphs, using instrument(s) without calibration or fail to pass the calibration, the CWA shall order that station to stop using the instrument(s) and send for a calibration within a specified time frame.　 Should the station not follow the order, the CWA shall revoke the approval.

4A laboratory accredited by the CNLA, as mentioned in Paragraph 1 and Paragraph 2, is defined as one accredited by the accreditation system conducted by the Bureau of Standards, Metrology, and Inspection, Ministry of Economic Affairs.

5The category of observing instruments that need calibration as described in Paragraph 1 and Paragraph 2 shall be enacted by the CWA.

6The regulations governing the calibration cycle for each of the instruments in compliance with the preceding paragraph, application procedures for calibration, the criteria of the calibration, and other relevant issues regarding calibration procedures shall be enacted by the MOTC and the Ministry of Economic Affairs.

1The CWA may suggest the MOTC to grant an award and/or commendation to a government agency, institution, organization, or individual for its outstanding performance in meteorological services.

2The regulations governing the application procedures, criteria, categories, awarding types, and assessment in accordance with the preceding paragraph shall be enacted by the MOTC.

1Anyone by means of as theft, destruction, or other unlawful methods to jeopardize the normal functions of meteorological facilities or equipment shall be sentenced to imprisonment of not less than one year but not more than seven years, and may be fined up to NT$10 million.

2Where the crime under the preceding paragraph is committed with the intent to jeopardize national security or social stability, the offender shall be sentenced to imprisonment of not less than three years but not more than ten years, and may be fined up to NT$50 million.

3Where the act under the preceding two paragraphs results in a disaster, the punishment shall be increased by one half; where the act results in death of another person, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years, and may be fined up to NT$100 million; where the act results in serious physical injury of another person, the offender shall be sentenced to imprisonment of not less than five years but not more than twelve years, and may be fined up to NT$80 million.

4Those who negligently damage or otherwise unlawfully jeopardize the normal functioning of the meteorological facilities or equipment shall be subject to a term of imprisonment of no more than six months, short-term imprisonment, or a fine of no more than NT$2 million.

5Attempt to commit the act under the first two paragraphs shall be punished.

6The tools, vessels, or other machinery or equipment used in committing an offense set forth in Paragraphs 1 through 3 and the preceding paragraph shall be confiscated, regardless of whether they belong to the offender. Upon a final judgment ordering confiscation, they may, in light of the particular circumstance of each case, be auctioned or sold, or be disposed of in one of the following ways upon special approval:

1Anyone jeopardizing the normal functions of the core information communications system of meteorological facility or device by any of following means shall be sentenced to imprisonment of not less than one year but not more than seven years, and may be fined up to NT$10 million:

21. Unwarranted invasion of the computer with core information communications system or related device by inputting account password, hacking the computer’s protection measures, or exploiting loophole in the computer system.

32. Unwarranted disruption of the computer with core information communications system or related device by using computer program or other electromagnetic means.

43. Unwarranted act of accessing, deleting, or changing the electromagnetic record of such computer or related device.

5Anyone producing computer program for use by self or other(s) with the sole purpose of committing the crime under the preceding paragraph shall be subject to the same punishment.

6Where the crime under the two preceding paragraphs is committed with intention to jeopardize national security or social stability, the offender shall be sentenced to imprisonment of not less than three years but not more than ten years, and may be fined up to NT$50 million.

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Anyone intentionally moving meteorological facility or device or disrupting the functions thereof by other means shall be fined not less than NT$5 thousand but not more than NT$1.5 million.

Should a government agency, institution, organization, or individual violate the terms of Paragraph 1 of Article 6 as conducting a weather modification program without getting permission, the MOTC shall order the violator to terminate the modification program immediately or to take necessary corrective actions within a specified time frame.　 A fine from NT$100,000 to NT$500,000 shall be levied for not complying with the order. 　The penalties may be repeated.

For violating Paragraph 1 of Article 14, e.g., refusal, avoidance or interference of the entry of an observer to privately or officially owned land, water, or buildings, a fine from NT$ 20,000 to NT$100,000 shall be imposed. 　The penalties may be repeated.

1Should a government agency, institution, organization, or individual take one of the following action, the CWA shall order the violator to terminate the actions and to take the necessary remedies within a specified time frame. Non-compliance with the order shall result in a fine of no less than NT$100,000 to no more than NT$500,000. Such penalty may be imposed with each occurrence of violation. Severe violation may result in the revocation of the permit:

21. Issuing a weather or marine weather forecast(s) without obtaining permission or beyond the scope of authorization in violation of the terms of Paragraph 1, Article 18.

32. Issuing a weather or marine weather forecast(s) that does not comply with the terms of Paragraph 2, Article 18.

4Should a government agency, institution, organization, or individual violate the terms of Paragraph 1, Article 18 and issue an earthquake forecast(s) or a warning(s) of meteorological, seismological, or marine meteorological phenomena, the CWA shall order the violator to terminate the action and to take the necessary remedies within a specified time frame. Non-compliance with the order shall result in a fine of no less than NT$200,000 to no more than NT$1,000,000. Such penalty may be imposed with each occurrence of violation. Severe violation may result in the revocation of the permit.

5Violation of Article 19, erroneously reporting a warning(s) or an earthquake, weather or marine weather forecast(s), or reporting the aforementioned warning(s) and forecast(s) without complying with the terms of Paragraph 2, Article 19 and failing to make immediate correction after receiving a notice from the CWA, shall result in a fine of no less than NT$100,000 to no more than NT$500,000. Such penalty may be imposed with each occurrence of violation.

The actor of the government agency, institution, or organization in violation of Article 22 and the preceding article shall be additionally fined in accordance with the corresponding article.

1The CWA shall be the agency to levy the fines of violating this Act except for the violation of Article 22.

2All fines shall be paid within the specified time frame.　 Any deferred fine payment shall be transferred for compulsory enforcement in accordance with the related law.

Any unauthorized act of occupying, breaking or moving land or facility for weather observations or hindering the functions thereof shall be liable for prosecution in case of criminal violation, and the offender or their employer shall be notified and bear the responsibility for restoring said land or facility to original condition, or repaying repair costs, or paying damages.

Military meteorological organizations are not submitted to this Act except for Article 9 and Article 17.

For items concerning international affairs not specified in this Act, the MOTC may refer to the related international conventions, agreements, and its associated regulations, rules, methods, standards, recommendations, or procedures.

1The CWA may charge fees for providing meteorological data, calibration of instruments, other services of meteorological nature, or issuance of licenses in accordance with this Act.

2The regulations concerning charging categories and rates in accordance with the preceding paragraph shall be enacted by the MOTC.

This Act shall become effective on the date of promulgation.