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Annotated Republic of China Laws/Hot Spring Act/Article 5

Hot Spring Act
Republic of China (Taiwan) Law
Article 5

First promulgated on 2003-07-02, effective on 2005-07-01Edit

Article 5[1]
For the purpose of hot spring reclamation, licensees shall provide the consent to rightful use of the land along with a proposal certified by professional engineers in hydrology or applied geology or mining upon application for permits from the local authority-in-charge. The rules shall apply for application for permit renewal.
A record certified by professional engineers in hydrology or applied geology or mining of drilling, water quality test, temperature measurement and mineral composition shall be reported to the local authority-in-charge if well-drilling is to be involved in the above-mentioned proposal. If mechanical power is to be employed to increase the extracted volume of hot spring water, licensees shall apply for permission from the local authority-in-charge.
Regulations governing the contents of the proposal, procedures for granting a development permit, conditions and the term of validity, and related activities shall be prescribed by the central authority-in-charge.
The administration of national parks, or scenic areas, or national forests, or forest recreation areas, or water conservation areas, or tribal reservation areas may act as a hot spring licensee.

Promulgated amendment on 2010-05-12, effective on 2010-07-01Edit

Article 5[2]
For the purpose of hot spring development, hot spring licensees shall furnish the consent to rightful use of the land along with a development and use plan in the application for permit from the municipal and local authority-in-charge. For hot spring proprietor who has developed hot springs before promulgation of the Act, the current status report may be the substitute for development and use plan for make up application for permit. In case that it is less than certain size and there is no concern about geological disaster, the simple application for permit of hot spring development may be the substitute for current status report.
Preceding development and use plan shall be certified by professional engineers in hydrology and applied geology or mining. Where the development project mentioned in the preceding paragraph requires well drilling, the hot spring licensee shall submit the results of temperature measurements, hot spring composition, a drilling record certified by professional engineers in hydrology and applied geology or mining of drilling, water quality test and related information to the municipal and local authority-in-charge for future reference after the drilling is completed.
The central authority-in-charge will prescribe regulations governing the identification for certain size and without concern of geological disaster, contents of the development plan, current status report and simple application for permit of hot spring development as set forth in paragraph 1, procedures and criteria for granting a development permit, the term of permit, as well as related activities.
The authorities in charge of national parks, scenic areas, national forests, forest recreation areas, water quality and quantity protection areas, or tribal reservation areas may also be a hot spring licensee.

Annotated by WikibooksEdit

  1. "The Hot Spring Act". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2003-07-02. http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=390. Retrieved 2016-12-11. 
  2. "Hot Spring Act: Article 5". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2010-05-12. http://law.moj.gov.tw/eng/LawClass/LawSearchNo.aspx?PC=J0110040&DF=&SNo=5. Retrieved 2016-12-11.  The amendment simplifies the procedure.