Regulations Governing Government Policies on Environmental Impact Assessment

Article 1 ^{[繁體中文]}

These Regulations are pursuant to Article 26 of the Environmental Impact Assessment Act (herein referred to as This Act).

Article 2 ^{[繁體中文]}

The government policies mentioned in these Regulations (herein referred to as These Policies) refer directly to the development activities mentioned in Article 5, Paragraph 1. After implementation of this Act, these Policies are subject to approval by the Executive Yuan or the Central Industry Competent Authority.

Article 3 ^{[繁體中文]}

Environmental impact assessments shall be conducted with respect to the following policies when there is concern of impact on the environment.

1. Industrial policies

2. Mining industry development policies

3. Water resources development policies

4. Land use policies

5. Energy policies

6. Livestock policies

7. Transportation policies

8. Waste disposal policies

9. Policies on radioactive nuclear waste storage

10. Other policies

Article 4 ^{[繁體中文]}

The central competent authority shall draft, in consultation with the industry competent authority, policy details for environmental impact assessments to be conducted, and shall submit said details to the Executive Yuan for approval.

Items not specified in Specific Policy Items Requiring the Conduct of an Environmental Impact Assessment, and for which the central industry competent authority or policy research organizations recognizes that there is concern of impact on the environment, may use the regulations of this Act. The policy research organization shall carry out policies on environmental impact assessment.

Article 5 ^{[繁體中文]}

The concern of impact on the environment mentioned in Article 3 refers to any one of the following circumstances which may result from policy implementation:

1. The ability to handle environmental impact at the local level is exceeded.

2. There is damage to a natural ecological system.

3. Public health or safety is endangered.

4. The reasonable exploitation of natural resources is jeopardized.

5. Water resource systems are altered, affecting water quality and hindering the use of water bodies.

6. The harmony of the natural scenery is impaired.

7. Other situations involving violations of international environmental standards or which impede the sustainable development of the environment and ecology.

Policies on environmental impact assessment shall, in addition to considering the circumstances set out in the foregoing paragraph, duly consider the interconnectivity and cumulative outcome of all such circumstances.

Article 6 ^{[繁體中文]}

Policy research organizations shall conduct assessments on their own in accordance with Paragraph 2 of the foregoing article. The organizations shall provide an assessment report and record the following items:

1. The names of the policy research organization and of other related organizations.

2. The name and purpose of the policy.

3. The background and constituent matter of the policy.

4. Alternative plans and analyses.

5. An appraisal of the possible environmental impact of the policy itself.

6. Response strategies for the mitigation or prevention of any adverse environmental impact.

7. Conclusions and recommendations.

The central competent authority shall separately determine the standards for recording the items of the foregoing paragraph.

Article 7 ^{[繁體中文]}

When producing assessment reports, policy research organizations shall consult the opinions of the central competent authority and those of other related organizations and groups, and then consider revisions to the report in respect of said opinions.

Article 8 ^{[繁體中文]}

When submitting policies to the Executive Yuan or Central Industry Competent Authority for approval, policy research organizations shall include an assessment report.

Article 9 ^{[繁體中文]}

These regulations shall take effect on the date of promulgation.