Taiwan: Regulatory Framework
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Legislation Addressing the Environment |
- Air Pollution Control Act of 1975
- Water Pollution Control Act of 1974
- Waste Disposal Act of 1974
- Noise Control Act of 1983
- Enforcement Rules of National Parks Law of 1992
- Wildlife Conservation Law of 1989
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The Water Pollution Control Act, enacted in 1974 and last amended in
1991, authorizes the Environmental Protection Administration (EPA) to set
forth standards for controlling effluent water. EPA promulgated Effluent
Water Standards in three stages of increasing strictness; the third stage
began January 1, 1998. Permits are required to discharge waste or (sewage)
water in any manner, other than to the sewerage system. Any alteration or
expansion of a business that will lead to increased pollution also requires
a discharge permit before alteration of factory registration will be
granted.
Failure to meet standards can result in penalties of up to NT$600,000,
and the failure to correct defaults within a prescribed period may result in
daily fines of the same amount. In the event of a substantially serious
default, the authority may suspend and/or cancel an effluent permit, forcing
the business to cease operations permanently.
The Water Pollution Control Statute also regulates sewerage systems and
deals with waste water containing hazardous substances and other substances
harmful to humans, farming and fishing or drinking water resources, etc.
The Waste Disposal Act, enacted in 1974 and last amended in 1988,
establishes three general categories of solid wastes: general, hazardous
industrial wastes and nonhazardous industrial wastes.
Nonhazardous industrial wastes are to be disposed of by the industry
itself or by qualified public or private contractors. EPA has promulgated
various regulations under the Act, including guidelines governing
recollection, clean-up and disposal of specific kinds of wastes (i.e.,
tires, batteries and automobiles).
The Environmental Impact Assessment Act, enacted on Dec. 30, 1994,
requires certain development projects to undertake an environmental impact
assessment in the planning stage. Developments subject to environmental
impact assessment include factories, industrial districts, roads, railways,
public rapid transportation systems, harbors and airports, mines, resort
facilities, golf courses, cultural, educational or medical facilities, new
urban area development, high-rise buildings, old urban area redevelopment,
environmental protection works, nuclear and other energies development, and
nuclear waste storage or disposal facilities. An environmental impact
statement must be submitted with an application for a development permit. If
the EPA deems it necessary to conduct a second stage environmental impact
assessment, an environmental impact assessment report is to be provided
following public hearing for review and comments by specialists, scholars,
environmental protection organizations and local residents.
In 1992, a Public Nuisance Dispute Resolution Law was enacted that
introduced an alternative dispute resolution mechanism for citizen
complaints regarding environmental harm. Either party in a public nuisance
dispute may unilaterally request mediation and remediation to be conducted
by a Mediation Committee at the county and State levels. Settlement
proposals are offered by the Mediation Committee and bind parties unless
objected to within a certain period of time. If mediation is unsuccessful at
the State level, claims for damages may be referred by either party to an
EPA adjudication committee. Parties dissatisfied with adjudication awards
have the option of initiating a civil lawsuit within 20 days.
In reaction to widespread, serious and steadily growing environmental
degradation, Taiwan established the Environmental Protection Administration
(EPA) in 1987. EPA replaced the former Bureau of Environmental Protection
under the Department of Health. In provinces, metropolises, cities, and
counties, environmental agencies assist EPA with enforcement of
environmental laws and regulations.
The Taiwan Provincial Government is responsible for the Departments of
Agriculture and Forestry, the Water and Soil Conservation Bureau, Forestry
Administration, and a separate Department of Environmental Protection.
Taiwan's current six-year national development plan specifies environmental
protection objectives associated with the extension of sewer systems, river
management and treatment, and garbage disposal. Enforcement is largely by
means of the Public Nuisance Settlement Law of 1992.
The EPA is responsible for administration of the Environment Impact
Assessment Law, providing a degree of certainty for new development
proposals. EPA also works closely with the Ministry of Economic Affairs to
ensure that development objectives are not compromised. A number of local
government environmental units and non-governmental organizations have been
established to assist the EPA on a regional level and most county and city
governments have established environmental protection offices.
The Environmental Protection Administration
41 Chung Hua Rd, Section 1 Taipei
Tel: 886-2-311-7722 Fax: 886-2-311-6071
Energy Commission
12F, 2 Fuhsing N. Rd., Taipei
Tel: 886-2-2772-1370
Water Resources Bureau
10F, 41-3 Hsinyi Rd., Sec. 3, Taipei
Tel: 886-2-2754-2080
Taiwan's wildlife conservation work, whether domestic or international,
has made tremendous progress. On the domestic front, Taiwan has made
significant strides in the registration and marking of wildlife products,
law enforcement and conservation education. On the international front,
Taiwan has attended and hosted a series of international conservation
conferences, supported international conservation projects, and boosted
technical exchanges and international cooperation. Taiwan will continue to
do its utmost for conservation work both domestically and internationally. |
