Maintenance of Public Security-Mountain Access Control amd Permit

Article 1: This act seeks to protect the unique natural landscapes, wild animals and plants and historical sites of Taiwan, as well as provide its citizens with recreational and research opportunities.

Article 2: National parks are to be managed in accordance with the regulations set out in this act. For circumstances or events not covered under this act, relevant laws apply.

Article 3: The Ministry of the Interior is the national park supervisory body....

Article 4: For purposes of determining, revising or reducing park boundaries or deliberating a national park plan, the Ministry of the Interior is to set up a national park planning committee. Members of this committee must not hold an elected office.

Article 5: Each national park must establish a headquarters office, the organizational structure of which is to be ratified separately.

Article 6: One of the following criteria must be present to establish a national park: 1. Must represent Taiwan?s natural heritage and possess unique natural landscapes, topography, surface features or fossils. In addition, the area must be in its natural state with no human development. Or, the area serves as habitat for endangered animal or plant species. 2. Contains important prehistoric relics or historical sites that are of educational value or that appeal to the sentiment of Taiwan?s citizens, and require long-term preservation. 3. Accessible area endowed with natural resources and unique scenery.

Article 7: The Ministry of the Interior shall seek ratification from the Executive Yuan for the establishment or abandonment of a national park, as well as the determination and revision of park boundaries.

Article 8: Definitions of terms related to this act are below: 1. Wild animals and plants: Naturally growing and evolving animal and plant species that have not been raised or cultivated and that are important to the natural scenery. 2. National park plan: An overall management plan for an area that is to be protected as a national park and that is to have its use and development, etc., restricted. 3. National park enterprise: As described in the national park act, with the purposes of accessible education, recreation and sightseeing and protection of park resources. 4. General restricted area: Land and bodies of water within national park boundaries not categorized as any other type of area, including settlements, and where original land use is allowed. 5. Recreational area: An area suitable for outdoor activities, and where building of recreational facilities and limited use of resources are allowed. 6. Historical preservation area: A protected area that contains important prehistoric relics, cultural site(s) and valuable historical site(s). 7. Special scenic area: An area where development is strictly controlled and that contains unique natural landscapes that are impossible to recreate. 8. Ecologically protected area: An area that has been set aside to protect natural biotic communities and breeding grounds and that provides ecological research opportunities.

Article 9: The required public land set forth in the national park act must be appropriated according to the relevant regulations. If private land is contained within the park boundaries, but its use does not infringe on any of the regulations in the national park plan, it may continue to be used according to its original purpose. However, when private land is required, it must be appropriated under the related laws and regulations.

Article 10: When determining national park boundaries, or setting or revising a national park plan, the Ministry of the Interior or commissioned organization must assign qualified personnel to enter public and private property in question, to perform inspections and surveys. However, all property owners and tenants must be informed of inspections and surveys in advance. If the abovementioned inspections or surveys lead to damage to or losses of the land owner?s or tenant?s crops, bamboo, timber or other holding, compensation shall be made. The amount of compensation shall be determined by negotiation between the two parties. If unable to be negotiated the case shall be sent to the supervisory body, which will make the determination.

Article 11: The national park enterprise is to be determined by the Ministry of the Interior in accordance with the national park plan. The abovementioned enterprise shall be carried out by the supervisory body of the national park. When necessary, a local government or public enterprise or public or private group can seek approval from the national park supervisory body to operate within the park. In such cases, the national park headquarters shall oversee investment and operation.

Article 12: The national park shall be divided into the following types of areas according to current land usage and resources: 1. General restricted area. 2. Recreational area. 3. Historical preservation area. 4. Special scenic area. 5. Ecologically protected area.

Article 13: Inside national park boundaries the following restrictions shall be enforced: 1. No burning of vegetation or timber and no setting of fires. 2. No hunting or fishing. 3. No polluting of water or air. 4. No picking of flowers or tree bark. 5. No carving of letters or images on trees, rocks or signs. 6. No littering. 7. No vehicles except on designated roads. 8. Other restrictions as set forth by the national park supervisory body.

Article 14: In general restricted and recreational areas the following require approval from national park headquarters: 1. Building or tearing down of public or private buildings, roads or bridges. 2. Alterations of any body of water, filling in of waterways, alteration of the course of waterways and expansion of waterways. 3. Collection of mineral, soil or rock samples. 4. Land development or changes in land usage. 5. Raising of fish to be used for sport fishing and domestic livestock. 6. Building of cable car system or other mechanized transport system. 7. Use of hot springs source. 8. Erecting of billboards, signs or other similar articles. 9. Expansion of original manufacturing facility or change of usage of manufacturing facility. 10. Other items to be approved by supervisory body. Regarding the above sections, if the scope of the project is large or is of a unique or serious nature, the national park headquarters shall request permission from the Ministry of the Interior. The Ministry of the Interior shall send such cases to the proper supervisory body for deliberation and passage.

Article 15: In historical preservation areas, the following require approval from the Ministry of the Interior: 1. Repair or renovation of historical relics or site. 2. Renovation or reconstruction of existing building. 3. Any project that will cause changes to the original topography and surface features.

Article 16: The items listed in Article
14 are forbidden in historical preservation areas, special scenic areas and ecologically protected areas, except for Item 1 under Section 1 and Section 6 which require prior approval.

Article 17: In special scenic areas and ecologically protected areas, approval is required from the national park headquarters for the following. However, such approval will only be given under very unique or extenuating circumstances. 1. Introduction of exotic animals or plants. 2. Specimen collection. 3. Pesticide use.

Article 18: Ecologically protected areas shall be set up on public land. Specimen collection, use of pesticides and building of any type of structure are prohibited inside ecologically protected areas. Exceptions may be made in cases of academic research, public safety needs or park management needs and with the prior approval of the Ministry of the Interior.

Article 19: Permission must be obtained from national park headquarters before entering ecologically protected areas.

Article 20: Exploitation of water and mineral resources in special scenic areas and ecologically protected areas shall be deliberated on by the national park planning committee. Recommendations by the committee are to be sent to the Ministry of the Interior which shall send them to the Executive Yuan for approval.

Article 21: Academic institutions may carry out scientific research within park boundaries. Before commencing any study, a research proposal shall be sent to national park headquarters for approval.

Article 22: In order to effectively carry out the education function of a national park, professional personnel shall be made available to visitors to interpret natural scenery and historical sites, etc.

Article 23: All of the expenses of the national park enterprise shall be borne by the treasury if operated by the government. If operated by public enterprise, public or private group, all expenses shall be born by the operator(s). The budget for the national park enterprise shall be deliberated by the national park planning committee. Committee recommendations shall be sent to the Ministry of the Interior which shall send them to the Executive Yuan for approval. The Ministry of the Interior shall accept all property and land donated by private individual(s) or group(s) for national park development.

Article 24: For violation of Article 13 Section 1, the offender(s) shall be subject to a maximum of six months imprisonment, forced labor service under detention or a maximum fine of NT$1,000.

Article 25: For violation of Article 13 Section 2, Section 3, Article 14 Item 1 Section 1 to Section 4, Section 6, Section 9, Article 16, Article 17 or Article 18, the offender(s) shall be subject to a maximum fine of NT$1,000. In cases of serious offenses, punishment may include a maximum of one year imprisonment, forced labor service under detention or a maximum fine of NT$1,000.

Article 26: For violation of Article 13 Section 4 to Section 8, Article 14, Item 1 Section 5, Section 7, Section 8, Section 10 or Section 19, the offender(s) shall be subject to a maximum fine of NT$1,000.

Article 27: For violations of this act?s regulations, in addition to punishments listed in Articles 24 to 26, losses must be replaced. If damages or losses cannot be recovered or there would be great difficulty in doing so, the offender(s) shall be responsible for paying compensation. In this case, the national park headquarters or a third party shall carry out repair and recovery work with expenses to be borne by the offender(s).

Article 28: The area covered under this act is determined by the Executive Yuan.

Article 29: The detailed regulations in this act were set forth by the Ministry of the Interior and ratified by the Executive Yuan.

Article 30: This act comes into effect on the date of proclamation.