The Environmental Education Act
1.中華民國九十九年六月五日總統華總一義字第 09900137311 號令制定 公布全文 26 條;並自公布後一年施行 中華民國一百零三年二月二十七日行政院院臺規字第 1030125872 號公 告第 22 條所列屬「行政院國家科學委員會」之權責事項,自一百零三 年三月三日起改由「科技部」管轄 2.中華民國一百零六年十一月二十九日總統華總一義字第 10600142241 號令修正公布第 1、19、22~24、26 條條文;增訂第 24-1 條條文; 並自公布日施行 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 22 條所列屬「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 中華民國一百十二年八月十八日行政院院臺規字第 1121028221 號公告 第 2 條第 1 項、第 3 條第 2 款、第 3 款第 1 目、第 5 條 第 1 項、第 6 條、第 7 條、第 8 條第 1 項、第 2 項序文、 第 1 款、第 3 款、第 3 項、第 4 項、第 6 項、第 10 條、第 11 條、第 13 條、第 14 條第 1 項、第 3 項、第 15 條、第 17 條、第 18 條第 3 項、第 19 條第 2 項、第 5 項、第 20 條第 1 項序文、第 2 項、第 3 項、第 21 條、第 22 條、第 24 條、第 24-1 條、第 25 條所列屬「行政院環境保護署」之權責事項,自一百 十二年八月二十二日起改由「環境部」管轄
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The Environmental Education Act is formulated to promote environmental education, assist citizens to understand the interaction of individuals and society with the environment, and enhance the environmental awareness, environmental ethics, and responsibility of the nation taking as a whole, so as to safeguard the ecological balance of the environment, respect lives, promote social justice, and cultivate environmental citizens and environmental learning communities in order to achieve sustainable development.
1The competent agency the act refers to is the Environmental Protection Administration of the Executive Yuan on the central government level; the central-ruled municipal governments at a central-ruled municipality; a county (municipal) government at a county (municipal) municipality.
2The matters stipulated in this Law that involve the duty of the central industry competent authority should be handled by the central industry competent authorities.
1A glossary of definitions the act adopts is defined as follows,
21. Environmental education: Referring to the adaptation of educational means by which to culminate the citizens to understand their ethnical relationship to the environment, enhance the citizens’ environmental protection awareness, skills, attitudes and values, and steer the citizens to emphasize the environment and adopt actions to achieve a civility education process that harbors sustainable development.
32. Environmental education entities: Referring to what the competent central government authorities have certified of agencies (institutions), enterprises or organizations for staging the environmental education personnel training or environmental seminars.
43. Environmental protection laws and self-governance acts:
5(1) Referring to what the competent central government authorities had enacted of environmental protection-related laws.
6(2) What the central-ruled municipalities, and county (municipal) municipalities have been authorized for enacting environmental protection-related self-governance acts as per the self governance measures, or as per the laws and regulations, or as per the higher laws and regulations.
Environmental education subjects encompass the entire citizenry, various organizations, enterprises, government agencies (institutions) and school districts.
1The competent central government authorities, for the purpose of promoting the national environmental education policy, shall enact a national environmental education abstract, which is to be filed with the Executive Yuan for approval and finalization; the same also applies to all subsequent amendments.
2The aforesaid abstract shall undergo a comprehensive review at least once every four years.
1The competent central government authorities shall draft and define a national environmental education action plan in consultation with the competent central government authorities in charge of the intended enterprises by adhering to the preceding paragraph’s national environmental education abstract, which is to be filed with the Executive Yuan pending further verification; the same also applies to all subsequent amendments.
2Regarding the aforesaid plan, the competent central government authorities are to compile a report on the execution results on a yearly basis, which is to be filed with the Executive Yuan pending further verification.
1The competent central-ruled municipality, county (municipality) government authorities shall promulgate a central-ruled municipality, county (municipality) environmental education action plan by adhering to the preceding two articles' national environmental education abstract and national educational action plan, and by referencing the local characteristics, which is to be filed with the competent central government authorities pending future verification; the same also applies to all subsequent amendments.
2Regarding the aforesaid plan, the competent central-ruled municipality, county (municipality) government authorities shall compile the implementation results into a report on a yearly basis, which is to be filed with the competent central government authorities pending further verification.
1The competent government authorities of all levels and the competent central government authorities in charge of the designated enterprises shall allocate a budget as per the preceding three articles’ national environmental education abstract, and environmental education action plan, with which to carry out environmental education-related measures.
2The competent government authorities of all levels are required to set up an environmental education fund, and its funding sources are as follows,
31. From the environmental protection fund set up by the competent government authorities of all levels, an expenditure budget amount of at least five percent is to be allocated per year, which is to be allotted as subsidy (donation) fund, except where there is no cumulative surplus on said fund.
42. From the proceeds the execution agency derives from executing the waste recycling work as per the Waste Disposal Act, ten percent of the amount is to be allocated and allotted each year.
53. From the proceeds of penalty fines the competent government authorities of all levels have collected for breaching the environmental protection law or self-government acts, five percent of which is to be allocated and allotted each year.
64. Fund interest gains.
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1The purpose of the environmental education fund shall be utilized for staging the following measures as enlisted under Article 5 to Article 7 of the national environmental education abstract, and the environmental education action plan.
21. To conduct environmental seminars.
32. To conduct environmental education campaign and activity.
43. To compile environmental education teaching materials, campaign literature and handbooks.
54. To conduct environmental education research and development.
65. To promote environmental education global exchange and cooperation.
76. To subsidize environmental education facility or venues in conducting environmental education activity.
87. To facilitate environmental education institutions conduct environmental education personnel training or environmental seminars.
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1The competent central government authorities and the competent central government authorities in charge of specific enterprises shall conduct the certification of environmental education institutions and environmental education personnel.
2The competent government authorities of all levels shall conduct on their own or commission an appointed environmental education institution to carry out the environmental education personnel training, environmental seminars or certification the act has defined.
3The measure governing part one’s environmental education institutions’ qualification, certification billing criteria, evaluation, certification effective period, revocation, abrogation, management and other mandated compliance matters is to be defined by the competent central government authorities.
4The environmental education personnel stated in part one may be certified by their education, exposure, expertise, referral appointment, or through examinations; the measure governing their qualification, certification effective period, revocation, abrogation, management and other mandated compliance matters is to be defined by the competent central government authorities.
5The competent central government authorities in charge of specific enterprises, as stated in part one, in conducting the certification of environmental education institutions and environmental education personnel, shall declare it with the competent central government authorities pending further verification.
1The competent central government authorities are to appoint experts, academics and relevant governmental agency (institution), organization representatives to launch a national environmental education review board to review, coordinate and advise on the national environmental education abstract and action plan.
2The aforesaid experts, academics and organization representatives may not fall below two-thirds, and the Executive Yuan’s Environmental Protection Administration minister is to act as the convener, with the staff’s work to be overseen by the Environmental Protection Administration of the Executive Yuan.
1The competent central-ruled municipality and county (municipal) municipality authorities are to appoint experts, academics and relevant governmental agency (institution), organization representatives to launch an environmental education review board to review, coordinate and advise on a central-ruled municipality or county (municipal) municipality’s environmental education action plan, with which to excel a jurisdiction’s environmental education implementation and development.
2The aforesaid experts, academics and organization representatives may not fall below two-thirds, and a central-ruled municipality, county (municipal) municipality mayor is to act as the convener, with the staff’s work to be overseen by a central-rule municipality, county (municipal) municipality authorities.
The competent authorities of all levels and the central industry competent authorities shall appoint a department or person that is in charge of environmental education for the planning, campaigning, promotion, guidance, rewarding and assessment of environmental education.
1The competent government authorities of all levels and the competent central government authorities in charge of specific enterprises shall integrate, develop unique environmental education facility and resources, and also to adopt with priority idle space, buildings or spearhead the private sector to install environmental education facility, venues, by which to instill and provide comprehensive, professional environmental education service, information and resources.
2Of environmental education facility or venues receiving the environmental education fund’s subsidies, the participants are to be given incentives when conducting environmental education activity.
3The competent central government authorities shall conduct the certification of environmental education facility, venues as stated in part one; the measure governing their qualification, billing criteria, evaluation, certification valid period, revocation, abrogation, management and other mandated compliance matters is to be defined by the competent central government authorities.
For the purpose of conducting the certification of environmental education personnel, institutions and environmental education facility, venues, the competent central government authorities are to extend invitations for competent central government authorities in charge of specific enterprises and experts and academics to review the process.
The competent government authorities of all levels are to spearhead their school districts to study and draft an environmental learning program or teaching materials, and also to implement a diverse teaching activity by utilizing classroom teaching and campus space to conduct the environmental education for school faculty, administrative employees and student body.
1The competent government authorities of all levels, in facilitating the promotion of environmental education, may upon securing the written consent of environmental education personnel disclose the essential information concerning an individual’s expertise.
2The competent government authorities of all levels may provide the environmental education personnel with insurance coverage, transportation expenditure and other necessary support; the amount is to be determined by the competent government authorities of all levels.
1Government agencies, state-run enterprises and institutions, school districts and nonprofit organizations receiving the government’s subsidy fund exceeding fifty percent shall assign designated personnel to promote environmental education.
2The aforesaid school assigned personnel shall obtain the certification as per stipulated under Article 10 within a five-year period effective from the implementation date of the act.
3Of those not designated in part one or those not yet obtained the certificate as per the preceding stipulations, the competent government authorities of all levels and the competent central government authorities in charge of specific enterprises may not subsidize them with environmental education-related funding.
1Institutions, state-run business institutions, high schools and secondary schools, and statutory bodies with over fifty percent of the funds sponsored by the government shall formulate environmental education programs every year to promote environmental education. All employees, teachers, and students shall attend an environmental education program for more than four hours.
2The environmental education plan stated in the preceding paragraph shall be reported to the competent authorities prior to its implementation and shall be reported to the central competent authorities within one month after the completion of the project; also, the implementation measures shall be separately prescribed by the central competent authorities.
3The environmental education stated in Paragraph 1 shall be executed by providing environmental protection-related courses, lectures, discussions, online learning, experience activities, experiment (learning), outdoor learning, film viewing, practice, and other activities.
4The outdoor learning stated in the preceding paragraph shall be arranged at a selected environmental education facility.
5The competent authorities at all levels and the central competent authorities shall encourage and assist private enterprises in implementing environmental education programs for their employees, community residents, visitors, and consumers.
1The competent government authorities of all levels and the competent central government authorities in charge of specific enterprises are to spearhead the reward of the following contributions,
21. The private sector member that utilizes public or private idle space or buildings to launch environmental education facility, venues.
32. General citizens who voluntarily participate as environmental education volunteers.
4The measure governing the aforesaid incentive rewards’ eligible subjects, criteria, scope of applicability, review procedure, review criteria, and other relevant matters is to be defined by the competent government authorities of all levels and the competent central government authorities in charge of specific enterprises.
5The competent government authorities of all levels and the competent central government authorities in charge of the specific enterprises shall spearhead private enterprises steering them to voluntarily provide the funding, facility or other resources to facilitate the promotion of environmental education.
1The competent government authorities of all levels and the competent central government authorities in charge of the specific enterprises may provide incentive rewards to those rendering environmental education with excellent results.
2The measure governing the aforesaid incentive rewards’ eligible subjects, criteria, scope of applicability, review procedure, review criteria, and other relevant matters is to be defined by the competent government authorities of all levels and the competent central government authorities in charge of specific enterprises.
The central competent authorities together with the Ministry of Science and Technology, the Ministry of Education, and the competent authorities shall enhance the environmental education -related studies in order to perfect the environmental education system and continue to effectively promote environmental education.
Where a natural person, a legal person, a non-corporate body with a representative or administrator appointed, a central or local authority (organization), or other organization violates the environmental protection laws or the obligations stated in the Administrative Law of Autonomous Act, or those who are suspended from construction and business operation, or are fined for an amount more than NT$5,000 by the disciplinary institution, the disciplinary institution shall command such natural person, legal person, institution, or group to assign the designated representative or the person responsible for environmental protection to attend environmental protection seminars for one hour to eight hours.
In cases where the institutions, state-run business institutions, high schools and secondary schools, or statutory bodies with over fifty percent of the fund sponsored by the government have violated the provisions of Paragraphs 1 and 2 of Article 19, the competent authorities shall command them to perform corrective actions before a deadline. If they fail to perform the said corrective actions before the deadline, a fine for an amount of NT$5,000 to NT$15,000 will be levied; also, the designated representative or the person responsible for environmental protection as stated in the preceding paragraph shall attend environmental protection seminars for one hour to eight hours.
1The hours of environmental seminar prescribed in this Act and its enforcement shall be determined by the central competent authorities.
2The offenders that are commanded by the competent authorities to attend the environmental seminar, but are unable to attend the seminar on time for a legitimate reason, may apply for a one-time extension. Offenders who refuse to take the environmental seminar or have not attended the seminar for the prescribed hours, a disciplinary act will be delivered to the offender who is a natural person, legal person, a non-statutory body with a representative or administrator assigned, the central authorities or local authorities (institution), or other organizations with a fine of NT$5,000 to NT$15,000.
The legislative act’s implementation detail is to be defined by the competent central government authorities.
1This Act shall come into force one year after its promulgation.
2The amendments to the Act shall come into force on the day of promulgation.
86. Other forms of income.
9The environmental protection fund stated in part 1 of the preceding paragraph refers to the fund besides the aforesaid environmental education fund, the funds set up by the competent central and central-ruled municipality, county (municipal) municipality authorities, of which the resource recycling management fund shall be limited to non-profit funds.
10Of the environmental education fund as stated in part 2, the competent government authorities of all levels shall set up a fund management board charged with managing and utilizing the fund.
11The aforesaid management board may appoint the board members, who are to serve a two-year tenure, of whom the number of experts, scholars and private group representatives may not fall below two-thirds of the total board members.
12The aforesaid part 2’s environmental education fund’s receipt/payout, safekeeping and utilization measure is to be separately defined by the competent government authorities of all levels.
109. To train environmental education personnel.
1110. Other environmental education-related promotion efforts.