Annotated Republic of China Laws/Hot Spring Act

Hot Spring Act Republic of China (Taiwan) Law

History

1. Promulgated by ROC President,Presidential Decree dated on July 2, 2003 No. Hua-Zong-Yi-Yi-Tzi-09200121190
2. Amendment to Article 5 and 31 of the Hot Spring Act per Presidential Decree No. Hua-Zhong-Yi-Yi-Zi-09900116601 dated May 12, 2010.

Content

Article 5 and Article 31 have been amended.

Chapter 1 General Provisions

Article 1

This Act is hereby established in order to conserve and sustain the use of hot springs, provide auxiliary therapeutic venues, enhance national health and develop tourism, and advance public welfare; no conflicting laws shall be adopted as a part of these regulations for matters not provided herein.

Article 2

The term "authority-in-charge" as referred herein shall indicate the Ministry of Economic Affairs at the central level, the municipal governments at special municipality level, and the county or city governments at the county or city level.

The central administration of tourism shall consult with the central authority-in-charge when handling affairs in respect to tourism development; the central administration of tourism shall consult with appropriate central government agencies regarding lands, or constructions, or environmental protection, or water and soil conservation, or public health, or agriculture, or aborigines thereof.

Article 3

Definitions of terms as used hereunder:

1. "Hot spring" means thermal water, or cold water, or gas, or geothermal (steam) which conforms to the standards.
2. "Hot spring water right" means the authority to divert, extract and use hot spring water or to use beneficially pursuant to the Water Act.
3. "Hot spring mining right" means the authority to explore or mine the hot spring gas or geothermal (steam) pursuant to the Mining Act.
4. "Hot spring fountainhead" means a natural site where the hot spring is discharged.
5. "Hot spring hole" means the reclaimed source of the hot spring.
6. "Hot spring district" means a designated and approved district including fountainheads, holes, and the adjacent areas assigned for proposed use.
7. "Hot spring licensee" means a person who obtains the hot spring right or mining right and provides for private use or other persons to use.
8. "Hot spring proprietor" means a business operator who acquires hot spring resources from hot spring licensees and provide services for the purpose of tourism and recreation, or agricultural cultivation, or geothermal use, or biotechnology thereof.

The central authority-in-charge shall define the hot spring standards as mentioned in the Clause 1of Paragraph 1.

Chapter 2 Hot Spring Conservation

Article 4

The hot spring is a national natural resource and shall not be affected by land ownership acquisition of any person.

The consent to rightful use of the land where hot spring water is diverted or extracted shall be provided as a supporting document for application for the hot spring right registration.

In the preceding Paragraph, if the land owned by the government, the administration of land management shall lend or agree to use and collect for rental or usage fees.

In order to develop hot springs located on the land owned by the government, the local government agency shall assign the use in advance.

The authority-in-charge shall assist and guide the licensees who have obtained the hot spring water right or mining right prior to the enforcement of this Act to renew their permits within the given time limit as required; the authority-in-charge may replace or cancel the permits if the hot spring right holders fail to renew.　

As mentioned in the preceding Paragraph, regulations governing the time limit, guidelines and assistance, procedures for permit renewal and pertinent rules, shall be prescribed by the central authority-in-charge.

The central authority-in-charge shall guide and assist persons who have developed hot springs prior to the enforcement of this act.

Article 5 (later amended)

Article 6　

No development activities shall be allowed within the radius of the fountainhead.

The given area as mentioned in the preceding Paragraph shall be designed by the

local authority-in-charge, and the principals of designation shall be prescribed by the central authority-in-charge.

Article 7

After a hot spring development permit is granted, any of the following may result in cancellation and restriction by the local authority-in-charge:

1. One year of no construction since the day the permit is granted or more than one year of interruption of construction;
2. Transferring the development permit to other person without approval;
3. Reclamation activity of hot springs, which significantly influences the volume of water, discharged, temperatures, or mineral compositions or any activity, which injures the public interest.

Regulations governing conditions of permit transferal, the central authority-in-charge shall prescribe procedures, required documents or pertinent rules as mentioned in the Clause 2 of the preceding Paragraph.

Article 8

Except for the purpose of hot spring development, any reclamation activity which significantly influences the volume of hot spring water discharged, temperatures, or mineral compositions, or any activity which has caused adverse impacts shall be restricted or banned by the local authority-in-charge after the local authority-in-charge consult with appropriate administrations and evaluates the benefits of both parties; the local authority-in-charge shall compensate for the delay or losses of the reclamation activity.　

Article 9

Licensees shall uninstall all of the hot spring facilities and take proper action for restoration or remediation under any of the following situations: failing to capture hot spring water, or cancellation or revocation of the permit, or nonuse of hot spring for more than one year.

Article 10

The local authority-in-charge shall report to the central authority-in-charge of the location, quality, quantity, temperature, geological information, volume extracted, and usage of the hot springs under its jurisdiction and create databases; the central authority-in-charge shall provide assistance if necessary.

Article 11

In order to conserve and sustain the use of hot springs, except for the fees levied pursuant to the Water Act and the Mining Act, the authority-in-charge shall collect hot spring usage fees from licensees; regulations governing the collecting methods, scope, rate and allocation shall be prescribed by the central authority-in-charge.

As mentioned in the preceding Paragraph, the fees collected from hot spring usage shall provide for hot spring conservation, management, international exchange, infrastructures and pertinent purposes; no appropriation shall be allowed. However, at least one-third of the revenues garnered from hot springs in indigenous people’s habitats shall finance the Indigenous Combined Development Fund, the Executive Yuan, to enhance indigenous peoples’ economic and cultural development.

In addition to one-third of revenues allocated to the Indigenous Combined Development Fund, one-tenth of the hot spring usage fees collected by the local authority-in-charge shall be earmarked for funds set up by the central authority-in-charge to develop hot spring industry. The Fund shall provide for policy-making, research and development, and international exchange.

Article 12

Failure to pay the usage fee pursuant to Paragraph 1 of Article 11 may lead to an imposition of a deferral fee; calculated from the due date, every 3-day delay shall add an additional one percent to the fee. The additional deferral fee shall not exceed five percent of the usage fee.

Chapter 3 Hot Spring District

Article 13

To augment the utilization of hot spring resources, the local authority-in-charge shall draft plans for hot spring district management, and consult with appropriate government agencies to designate the hot spring district within the radius of hot spring fountainheads and hot spring holes and the adjacent areas and obtain approval from the central administration of tourism and subsequently promulgate the boundaries of the district. Designation of hot spring districts shall give priority to the areas where hot springs have been developed and used. The local authority-in-charge shall coordinate with the administration of land use if zoning and alteration of land use may be involved, and comply with the pertinent regulations.

Management measures for the district designation, procedures for alteration of land use, and management of construction as mentioned in the preceding Paragraph should be prescribed by the central administration of tourism and the central administration of land use.

In pursuance of the preceding Paragraph, the local authority-in-charge may increase or decrease the hot spring districts, or change and cancel if the needs to preserve and use disappears.

As mentioned in the Paragraph 1, the central administration of tourism shall consult with appropriate government agencies to stipulate measures of proposal contents, approval items, implementation, management and pertinent matters.

Article 14

When the hot spring district is designated in indigenous people’s habitats, the central administration of tourism and appropriate government agencies shall consult with the central administration of aboriginal affairs.

The Council of Indigenous Peoples shall prescribe regulations of guidelines and incentives to assist the local aborigines to develop and manage hot springs in aborigines’ habitats.

Proprietors operating hot spring business in indigenous people’s habitats with more than ten employees shall hire the indigenous as employees, and the number of indigenous staff shall account for at least one-tenth of the total manpower.

Proprietors who have acquired the official consent to rightful use of the land in indigenous habitats from landowners prior to the enforcement of this act may be exempt from the restrictions of the preceding Paragraph.

Article 15

In host spring districts where public pipelines have been installed, the local authority-in-charge shall order the owners of private pipelines to uninstall within the given time limit as required; failure to uninstall within the given time limit as required may result in compulsory execution by the local authority-in-charge.

Hot spring right holders shall receive compensation from the local authority-in-charge when the original pipelines are torn. The standards of compensation shall be prescribed by the local authority-in-charge.

Chapter 4 Hot Spring Utilization

Article 16

Except as otherwise provided in this Act, each government agency shall comply with its own regulations for administration regarding hot spring industry.

Article 17

Licensees who apply for reclamation in hot spring districts shall comply with the management plans under the jurisdiction.

Licensees shall, pursuant to the Water Act or the Mining Act, apply for the hot spring water right or mining right to develop and subsequently apply for permits from the local authority-in-charge to operate the business.

The central administration of tourism shall consult with appropriate central government agencies to regulate management measures for licensees for application procedures, conditions, and term of validity, cancellation, revocation, and pertinent matters.

Article 18

The hot spring water used by proprietors who provide tourism and recreation services shall be tested and approved by authorized organizations, laboratories or institutes. Proprietors may start operation after the local administration of tourism grants the certificate.

The certificate shall be displayed conspicuously, specifying the mineral compositions, temperatures, the term of validity, prohibitions and warnings thereof.

The central administration of tourism shall consult with appropriate central government agencies to regulate management measures of the qualification requirements and prerequisites, conditions, the term of validity, cancellation, revocation, types, and usage.

Article 19

Hot spring licensees and proprietors shall install the measuring equipment and report to the authority-in-charge every half-year on records of seasonal volume extracted, temperatures, usage, and pertinent information.

The format of the above mentioned the central authority-in-charge should regulate records and the deadline for submission.

Article 20

The local administration of tourism shall notify proprietors to improve service facilities and management within the given time limit as required to enhance hot spring use for the public.

Article 21

The local administration shall appoint officers who carry identification cards to hot spring proprietor’s property to inspect the measuring equipment, quantity, temperatures, sanitation, and usage or to request pertinent information. Proprietors shall not circumvent, hinder or refuse the inspection.

Chapter 5 Penal Provisions

Article 22

Any person who extracts or uses hot spring water without a legitimate hot spring water right or mining right may be assessed a fine by the authority-in-charge of not less than NT$60,000 but not more than NT$300,000 and the authority-in-charge shall issue an order to halt the extraction or use; if the violation continues, the fine for each violation shall be continued.

Article 23

Any person who develops hot springs without a legitimate license may be assessed a fine by the local authority-in-charge of not less than NT$50,000 but not more than NT$200,000 and the authority-in-charge shall issue an order to improve within the given time limit as required; failure to improve within the given time limit as required may result in a fine each time the violation is continued.

Failure to develop in accordance with the proposal may be assessed a fine by the local authority-in-charge of not less than NT$40,000 but not more than NT$200,000 and the local authority-in-charge shall issue an order to improve within the given time limit as required; failure to improve within the given time limit as required may result in revocation of license.

Article 24

Any person who develops hot springs in violation Paragraph 1 of Article 6 may be assessed a fine by the local authority-in-charge of not less than NT$30,000 but not more than 150,000 and the authority-in-charge shall issue an order to halt the development and restore the land within the given time limit as required; failure to halt the development immediately or restore and remedy the land within the given time limit as required may result in a fine each time the violation is continued.

Article 25

Any person who fails to uninstall facilities, restore and remedy, or take proper action pursuant to Article 9 may be assessed a fine by the local authority-in-charge of not less than NT$10,000 but not more than NT$50,000; if the violation continues, the fine for each violation shall be continued.

Article 26

Any proprietor who fails to obtain a hot spring certificate pursuant to Paragraph 1 of Article 18 and operate the business may be assessed a fine by the local administration of tourism of not less than NT$10,000 but not more than NT$50,000; if the violation continues, the fine for each violation is continued. Any proprietor who fails to display the certificate in the conspicuous place specifying composition, temperature, the term of validity, prohibitions and warnings pursuant to Paragraph 2 of Article 18 shall be issued an order by the local administration of tourism to improve within the given time limit as required; failure to improve within the given time limit as required may result in a fine of not less than NT$10,000 but not more than NT$50,000; if the violation continues, the fine for each violation shall be continued.

Article 27

Any proprietor who fails to install the measuring equipment pursuant to Paragraph 1 of Article 19 shall be assessed a fine by the authority-in-charge of not less than NT$2,000 but not more than NT$10,000; if the violation continues, the fine for each violation shall be continued.

Article 28

Any proprietor who fails to improve hot spring facilities or management within the given time limit as required pursuant to Article 20 shall be assessed a fine by the local administration of tourism of not less than NT$10,000 but not more than NT$50,000; if the violation continues, the fine for each violation shall be continued.

Article 29

In violation of Article 21, any proprietor who circumvents, hinders and refuses the inspection or presentation of information or provide false or incorrect information may be assessed a fine by the appropriate local administration of not less than NTNT$10,000 but not more than NTNT$50,000; if the violation continues, the fine for each violation shall be continued.

Article 30

Any person who has an objection to the hot spring usage fee or deferral fee may file an executive petition.

As mentioned in the preceding Paragraph, payment of the hot spring usage fee, the deferral fee, and the fine imposed in accordance with this Act shall be notified with written orders; failure to pay the fees within the given time limit as required, the case shall be referred to the administrative enforcement authority for compulsory execution.

Chapter 6 Supplement Provisions

Article 31 (later amended)

Article 32

The date to enforce this Act shall be promulgated by the Executive Yuan.