the Legislative Yuan of the Republic of China

“ Spatial planning shall comply with international conventions and regulations and promote sustainable development. Natural conditions, water resources and climate change shall be taken into consideration in spatial planning to establish the capacity to prevent disasters on land and facilitate emergency responses. ”

“ Specific areas shall be developed in manner that takes into account topography, geomorphology, geographic features and cultural characteristics of the region as well as requirements set forth in other regulations. When spatial planning involves indigenous people’s land, the traditional cultures, territories and knowledge of such people shall be respected and preserved, and mechanisms to help achieve mutual benefits and prosperity shall be established. ”

“ Article 21 The land use principles that are used in functional zone and sub-zone are as follows. Environmental conservation zones: Type 1: areas where the natural environment is to be protected and other uses are prohibited or restricted. Type 2: areas where the natural environment is to be protected as much as possible and conditional uses may be permitted. Other necessary types: areas where various degrees of use control are imposed as determined by the characteristics of the environmental resources. ”

“ When reviewing land use permit applications, the competent authority shall consider the suitability of the land use, the service level of transportation and public facilities, as well as the carrying capacity of the natural environment and manmade facilities. ”

“ Environmental conservation zone and marine resource zone: Plans ensure environmental protection, natural conservation and disaster prevention and include effective measures to restore that is caused to the ecological environment by the proposed use. Agricultural development zones: The integrity of the agricultural production environment and water resources is maintained and fragmental use or uses likely to affect other agricultural production environments are avoided. ”

“ Land use permits for applicants who do not use the land according to approved plans, violate relevant regulations, fail to make improvements within the specified period or have their plans annulled by the relevant authority of specific purpose, soil and water conservation or environmental protection shall be revoked. ”

“ Article 18 When competent authorities of various levels need to enter public or private land or buildings to perform investigations or surveys in pursuit of the establishment or revision of spatial plans, the owners, occupants, managers or users of such properties may not refuse. ”

“ Damage has occurred as a result of war, an earthquake, a flood, a storm, a fire or any other critical incident. The conservation of resources or prevention of a major disaster is deemed necessary. National defense or important public facilities or a public utility project is deemed necessary. ”

“ If the competent authority still fails to take necessary action under law within 60 days of receiving such written statements, the said citizens or public interest groups may file with the Administrative Court lawsuits against the competent authority for negligence in the execution of its duty. ”

“ Environmental conservation shall be considered in land use and fair and efficient regulatory mechanisms shall be established. Article 7 The Executive Yuan shall recruit and appoint scholars, specialists, representatives from non-governmental organizations and relevant authorities to form a spatial planning committee to meet and conduct the following. ”