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英譯法規內容

Title ENFORCEMENT RULES OF SLOPELAND CONSERVATION AND UTILIZATION ACT Ch
Date 2020.05.13
Legislative Promulgated by Order of Ministry of Economic Affairs No. Ching-66-Nung-Zi-28853 on September 30, 1977.
Amendment by Order of Council of Agriculture, Executive Yuan No. 76-Nung-Lin-Zi-6101096 on June 30, 1987.
Amendment by Order of Council of Agriculture, Executive Yuan No. 88-Nung-Lin-Zi-88118880 on May 31, 1999.
Amendment by Order of Council of Agriculture, Executive Yuan No. 88-Nung-Lin-Zi-88160813 on December 31, 1999.
Amendment, Deletion of Articles 8, 9, 16, and Addition of Articles 8-1, 11-1 and 16-1 by Order of Council of Agriculture, Executive Yuan No. Nung-Shou-Shui-Bao-Zi-0921801944 on February 27, 2003.
Amendment by Order of Council of Agriculture, Executive Yuan No. Nung-Shou-Shui-Bao-Zi-1061857780 on August 8, 2017.
Amendment by Order of Council of Agriculture, Executive Yuan No. Nung-Shou-Shui-Bao-Zi-1091864899 on May 13, 2020.
Content Article 1 (Basis)
These Rules are enacted pursuant to Article 38 of the Slopeland  Conservation and Utilization Act.


Article 2 (Public Announcement of Scope of Slopeland)
The public announcement mentioned in Article 3 of the Act will be  made by the central or municipal competent authority. Upon such  public announcement, in a county or city the relevant drawings  shall be delivered to the city council, town hall, administrative  city office or district office through the county or city  competent authority concerned; in a municipality the drawings  shall be delivered to each district office for public display for  not less than 30 days. A clear copy of such drawings shall be  retained after display, for perusal.


Article 3 (Contents of Soil and Water Conservation Plan)
The contents of soil and water conservation plan under Paragraph 2,   Article 6 of the Act are as follows:
1. Items to be handled and maintained regarding soil and water  conservation of each land of use in an area of use, and the  relevant obligor. 
2. Time for completion by stages by areas.
3. Funds and sources thereof.
4. Soil and water conservation handling and maintenance map (on a  scale not less than 1/10,000).


Article 4 (Public Announcement of Soil and Water Conservation)
The public announcement of a soil and water conservation plan  mentioned in the preceding article will be made by the central or  municipal authority. Upon such public announcement, in a county  or city the relevant drawings shall be delivered to the city  council, town hall, administrative city office or district office  through the county or city competent authority concerned; in a  municipality the drawings shall be delivered to each district  office for public display for not less than 30 days. A clear copy  of such drawings shall be retained after display, for perusal.


Article 5 (Designated Way of Soil and Water Conservation)
Where the municipal or county/city competent authority designates  the way in which soil and water conservation is to be handled and  maintained, the area, method of handling and maintenance, and time  for completion shall be notified to the operator, user or owner of  the slopeland.


Article 6 (Time for Completion of Soil and Water Conservation)
An operator, user or owner of slopeland handling soil and water  conservation in accordance with Paragraph 1, Article 12 of the Act  shall complete the handling as follows:
1. Land suitable for agriculture or animal husbandry purpose: the  handling shall be completed within a year from the date of  implementation as notified by the municipal or county/city  competent authority, where the area being operated or used is two  hectares or below; and within three years from said date, where  the above-mentioned area exceeds two hectares; where crops subject  to long-term cultivation are involved, the time for completion may  count from clearing crops.
2. Land suitable for forestry: the handling shall be completed  within a year from the date of afforestation as notified by the  municipal or county/city competent authority, where the area being  operated or used is two hectares or below; and within three years  from said date, where the above-mentioned area exceeds  two hectares.
3. Land subject to strengthened conservation: the time for  completion will be determined by the municipal or county/city  competent authority.
4. Slopeland for non-agricultural purpose: the time for completion  shall be as approved in accordance with Article 14 of the  Enforcement Rules of Soil and Water Conservation Law.


Article 7 (Technical Regulations for Soil and Water Conservation)
The technical regulations for soil and water conservation of the  competent authority as mentioned in Paragraph 1, Article 12 of the  Act refer to the technical regulations for soil and water  conservation publicly announced by the central competent authority  in accordance with Paragraph 2, Article 8 of the Soil and Water  Conservation Law. 


Article 8 (Inspection of Soil and Water Conservation)
(Deleted)


Article 8-1 (Soil and Water Conservation Certificate )
Where the completion of the handling of soil and water conservation  of land suitable for agriculture and animal husbandry purpose as  mentioned in Paragraph 1, Article 12-1 of the Act, is to be  counseled by the central soil and water conservation authority,  the municipal or county/city competent authority may request the  central soil and water conservation authority to issue a soil and  water conservation certificate for land suitable for agriculture  and animal husbandry purpose, after inspection is passed. 
The municipal or county/city competent authority shall conduct  inspection in accordance with Paragraph 2, Article 12-1 of the  Act, in conjunction with the competent forestry authority.
The form of a soil and water conservation certificate for land  suitable for agriculture and animal husbandry purpose and soil and  water conservation certificate for afforestation will be  determined by the central competent authority.


Article 9 (Maintenance of Soil and Water Conservation)
(Deleted)


Article 10 (Promotion of Soil and Water Conservation Public  Projects)
Local personalities may organize a committee to promote the  development and maintenance of work regarding roads, drainage  system, management of wild creeks, irrigation, and prevention of  slide of gravel sand in connection with soil and water  conservation, subject to the counseling and supervision of the  municipal or county/city competent authority.


Article 11 (Procedure of Emergency Action)
A situation likely to cause calamity or impair public facilities as  escribed  in Paragraph 1, Article 15 of the Act refers to any of  the following  circumstances. The competent authority taking  emergency action shall  notify the operator, user or owner of the  slopeland of such action, unless  notification is impossible:
1. Where the riverbed or waterway is silted up with sand and  residue
2. Where conservation of water resources above or under ground is  impaired.
3. Where water, soil or other environment is polluted.
4. Where land collapses or landslide or mudslide occurs.
5. Where the safety of farmland, buildings, roads and bridges is  impaired.
6. Where flood control, drainage, irrigation, or the protection of  other water resources or water conservancy facilities is impeded.
7. Where public safety is otherwise impeded.


Article 11-1 (Engagement of Reporting and Crackdown Service)
The municipal or county/city competent authority may commission the  relevant catchment administering authority or institution, or the  local city council, town hall, administrative city office or  district office, to report and prohibit illegal use of slopeland.


Article 12 (Standard of Land Classification According to Limits on  its Allowed Scope of Use)

The central and special municipality regulatory authority shall complete the identification of land suitable for agriculture, animal husbandry and forestry purposes, and land subject to strengthened conservation for those districts or lands that haven’t been demarcated or classified, in compliance with land classification standards for permissible slopeland use under Paragraph 3, Article 16 of the Act.
The central and special municipality regulatory authority may delegate nnouncing the result of identification mentioned in the preceding paragraph.



Article 13 (Soil and Water Conservation for Land Suitable for  Agriculture)
Land suitable for agriculture as identified by the standard of land  classification according to the limits on its allowed scope of use  under  Article 16 of the Act, is still subject to afforestation  and the necessary  handling of soil and water conservation, if  such land has been cultivated.
The municipal or county/city competent authority (which shall  include the  competent forestry unit) shall counsel the operator,  user or owner of the  slopeland in implementing the afforestation  and in the necessary handling  of soil and water conservation  under the preceding paragraph.
Erosion or damage of the ground or drainage system must be avoided  in  conservation, lumbering, collection of materials or  transportation of  materials etc.


Article 14 (Overall Development Plan and Detailed Soil and Water  Conservation Plan)
The overall plan for development mentioned in Paragraph 1, Article  17 of the  Act denotes a regional overall agricultural plan to be  carried out in an  area designated in a national general  development plan, regional plan or  urban plan, for agricultural  development, maintenance of natural and  cultural landscape and  ecology, conservation and utilization of soil and  water  resources, and development of production and distribution etc. The  detailed soil and water conservation plan mentioned in the  same paragraph  denotes a plan for handling soil and water  conservation and public  facilities for regional agricultural  development, and the maintenance  thereof.


Article 15 (Incentive for Conservation)
Potential for agricultural development as mentioned in Paragraph 2,  Article 17 of the Act refers to any of the following  circumstances:
1. Where regional planning for agricultural development is  conformed to.
2. Where the natural conditions and the mode of agricultural  operation are  of exemplary significance.
3. Where land suitable for agriculture is concentrated in the area  and  susceptible to continued development.
4. Where soil and water conservation can be actively  handled,  mechanical operation can be launched, and public facilities can be  developed on the land in the area.


Article 16 (Consent to Non-agricultural Use in Catchment of Reservoir)
(Deleted)


Article 16-1 (Designation of Administering Authority or  Institution)
The central or municipal competent authority will designate the  administering authority or institution in accordance with  Paragraph 2,  Article 32-1 of the Act, as follows:
1. The municipal competent authority will so designate if the  catchment of  the reservoir is within a municipal administrative  region.
2. The central competent authority will so designate if the  catchment of  the reservoir is within a county/city administrative  region or straddles a  municipal administrative region and a  county/city administrative region.


Article 17 (Date of Enforcement)
These rules are enforced as of the date of their promulgation.