Annotated Republic of China Laws/National Park Law
|National Park Law
Republic of China (Taiwan) Law
- Promulgated on June 13, 1972
- Presidential Decree Hu-Zong-Yi-Yi-Zi No.09900331461 dated Dec.8, 2010
- The Ministry of the Interior of the Republic of China hereby announces the addition of Article 27-1 to the National Park Law as well as the amendment to Article 6 and Article 8.
Be it enacted for the purpose of preserving the nation’s unique natural scenery, wild fauna and flora and historic sites and providing public recreation and areas for scientific research, that is hereby created the National Park Law.
The administration of national parks shall be subjected this law. The provisions of other laws shall be applicable to those issues/ subjects not covered by this law.
The Ministry of Interior is the responsible authority for national parks.
The Ministry of Interior may establish a National Planning Commission to designate, alter or abolish areas for national parks. The Commission may review national park management plans. The members of the Commission shall not be paid for their duties.
Headquarters shall be established at each national park. General rules of administration shall be enacted for all national parks.
All decisions pertaining to the establishment and abolition of national parks and the declaration and alteration of their boundaries shall be submitted by the Ministry of Interior to Executive Yuan for approval. These decisions shall be subject to public notice.
Within the boundaries of the national park, public land necessary for the execution of the national park plan may be appropriated in accordance with the law. Private land within the park may continue in its present use if it is used in accordance with the Nation Park plan. Private land may be appropriated in accordance with the law to achieve the execution of the Nation Park plan.
The Ministry of Interior or its designated agency, for the purpose of investigating the national park area or altering the national park plan, may assign qualified individuals to enter private and public land to conduct studies and survey. Prior notification of this entry must be given to the landowner. Damage to crops, trees, bamboo or other structures that belong to the landowner and are caused by this entry shall be compensated. The mount of compensation shall be based on an agreement by both parties or arbitrate by a superior authority.
The Ministry of Interior shall regulate the national park concessions in accordance with the National Park plan. The responsible authority of the national park shall regulate concessions. When necessary, the concessions may be invested in and operated by the local government, quasi-public corporation or other public or private group after the approval of the national park authority and under the supervision of the national park headquarters.
In accordance with the existing land use and the characteristics of the resources, a national park may be divided into the following zones for management:
1. Existing use area
2. Recreation area
4. Scenic area
5. Ecological protected area
The following activities shall be prohibited within the national parks:
1. Burning of vegetation or setting fires to clear land;
2. Hunting animals or catching fish;
3. Polluting water or air;
4. Picking or removing flower or any other vegetation;
5. Engraving, sketching or defacing trees, bark, stone or signs;
6. Littering of fruit skins, paper or any other materials;
7. Driving outside of designated areas;
8. Any conduct prohibited by the national park authorities.
Within existing use areas or recreation areas, the following activities may be allowed after obtaining permission from the national park headquarters:
1. Building or demolishing public or private structures, roads, or bridges;
2. Filling, draining, altering or expanding the water surface or waterway;
3. Prospecting or exploring for minerals, earth or gravel;
4. Land clearing and farming;
5. Fishing or livestock grazing;
6. Constructing aerial cable systems;
7. Making use of water and hot springs;
8. Advertising or erecting signboards or similar objects;
9. Expanding, increasing or altering equipment in existing factories;
10. Any permission given under the above sections which effects a large area or is of particular importance shall be submitted by the National Park Headquarters to the Ministry of Interior for approval. The Ministry of Interior shall deliberate and make decisions together with other authorities concerned.
Within cultural/historic areas, the following activities shall be subject to prior permission from the Ministry of Interior:
1. Repairing artifacts or historic monument;
2. Repairing or reconstructing buildings;
3. Making artificial alterations to original landscapes or landforms.
Within cultural/historic areas, scenic areas, ecological protected areas, the following activities shall be permitted to meet specific needs after approval by the National Park Headquarters.
Within scenic areas and ecological protection areas, the following activities shall be permitted to meet specific needs after approval by the National Park Headquarters:
1. Introducing exotic animals or plants;
2. Collecting specimens;
3. Using pesticides and herbicides.
Ecological protection areas shall be established preferably on public land. Within these areas, the collection of specimens, the use of pesticides and herbicides or the construction of man-made facilities shall be prohibited. However, exceptions may be granted with the permission of the Ministry of Interior for the special needs of scientific research, public safety and park management.
Entrance to ecological protection areas may be allowed only after obtaining a permit from the national park headquarters.
The decision to allow the use of water resources or mining with scenic areas or ecological protection areas shall be deliberated by the National Park Planning Commission and the submitted by the Ministry of the Interior to the Executive Yuan for approval.
Academic institutes may engage in scientific research in the national parks. They must first send their research proposals to the national park headquarters for approval.
To promote the educational value of the national parks, the National Parks Headquarters shall employ professional park interpreters to serve visitors and to provide other necessary and appropriate interpretive services.
The operating budget of the national parks shall be borne by the National Treasury upon implementation by a public agency. The cost of park concessions shall be borne by the operator in the case of quasi-corporations or other private or public groups. The national park operating budget shall be deliberated by the National Park Planning Commission and then submitted by the Ministry of Interior to Executive Yuan for approval. The Ministry of Interior may accept donations of funds or lands from individuals or groups for the purpose of developing the national parks.
Any person who violates Paragraph 1 of Article 13 shall be subject to a fine of up to 1,000 yuan, and/or term of imprisonment of up to six months.
Any person who violates Paragraph 2 or 3 of Article 13, Paragraph 1 through 4, 6, and 9 of Article 14 and any paragraph of Articles 16, 17, and 18, shall be punished with a fine of not more than 1000 yuan, or if the circumstances of the offense are so intense as to cause serious damage to the environment, he or she shall be punished with imprisonment of not more than one year.
Any person who violates Paragraph 4 through 8 of Article 13, Section 5, 7, 8, and 10 of Article 14 or any paragraph of Article 19, shall be punished with a fine of not more than 1,000 yuan.
Any person who violates any provision of this law and is punished in accordance with Article 24 through 26, must restore the damaged area to its original state. If restoration of the area is impossible, or if doing so is extremely difficult, they shall be bound to pay compensatory damages to the national park.
If a person has obligated to restore a damaged area in accordance with the above said but does not do so, the National Park Headquarter may restore the area or instruct a third party to do so, at the cost of the offender.
The area in which this law shall be effective shall be determined by the Executive Yuan.
The regulations governing the enforcement of this law shall be formulated by the Ministry of Interior and shall be submitted to Executive Yuan for approval.
This law shall become effective upon promulgation.
Annotated by Wikibooks
- "National Park Law: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2016-11-11. http://law.moj.gov.tw/Eng/LawClass/LawHistory.aspx?PCode=D0070105. Retrieved 2016-11-23.
- "National Park Law: Article Content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2010-12-08. http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0070105. Retrieved 2016-11-23.