Recent Legislation Trends in Taiwan in Response to Hazardous Weather

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Rebecca Mosley
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1 2015 International Workshop on Typhoon and Flood (IWTF) APEC Experience Sharing on Hazardous Weather Events and Risk Management Recent Legislation Trends in Taiwan in Response to Hazardous Weather Fang Chung Lee, Research Fellow, Ph. D., S. J. D., P. E. Hydrotech Research Institute, National Taiwan University May 27, 2015

2 Content Introduction Some Recent Legislated Acts Analysis Conclusions 2

3 Introduction An administrative acts law has its own authority-in-charge (competent authority) e.g., The Water Act: the Ministry of Economic Affairs at the central level The Sewerage Law: the Ministry of the Interior at the central level Authority of a target business: an authority-in-charge is called an authority of a target business (industry competent authority) in other laws e.g., the Ministry of the Interior will be called as authority of a target business when the sewerage business is dealt with in the Water Act Every authority-in-charge enforces its law and its business by itself alone in principle and negotiates with authorities of target business when necessary only 3

4 Some Recent Legislated Acts In 2000, the Disaster Prevention and Protection Act In 2006, the Special Act for Flood Management In 2006, the Special Act Governing the Management of Shihmen Reservoir and Its Catchment Area In 2010, the Special Act for Management of Tsengwen, Nanhwa, and Wushantou Reservoirs and Stabilizing Water Supply in Southern Area In 2011, the Special Act for Rehabilitation from Typhoon Morakot In 2014, the Special Statute for the Comprehensive Management of River Basins In 2015, the Coastal Zone Management Act 4

5 In 2000, the Disaster Prevention and Protection Act In 2006, the Special Act for Flood Management In 2006, the Special Act Governing the Management of Shihmen Reservoir and Its Catchment Area In 2010, the Special Act for Management of Tsengwen, Nanhwa, and Wushantou Reservoirs and Stabilizing Water Supply in Southern Area In 2011, the Special Act for Rehabilitation from Typhoon Morakot In 2014, the Special Statute for the Comprehensive Management of River Basins In 2015, the Coastal Zone Management Act 5

6 In 2000, the Disaster Prevention and Protection Act In 2006, the Special Act for Flood Management In 2006, the Special Act Governing the Management of Shihmen Reservoir and Its Catchment Area In 2010, the Special Act for Management of Tsengwen, Nanhwa, and Wushantou Reservoirs and Stabilizing Water Supply in Southern Area In 2011, the Special Act for Rehabilitation from Typhoon Morakot In 2014, the Special Statute for the Comprehensive Management of River Basins In 2015, the Coastal Zone Management Act 6

7 In 2000, the Disaster Prevention and Protection Act In 2006, the Special Act for Flood Management In 2006, the Special Act Governing the Management of Shihmen Reservoir and Its Catchment Area In 2010, the Special Act for Management of Tsengwen, Nanhwa, and Wushantou Reservoirs and Stabilizing Water Supply in Southern Area In 2011, the Special Act for Rehabilitation from Typhoon Morakot In 2014, the Special Statute for the Comprehensive Management of River Basins In 2015, the Coastal Zone Management Act 7

8 In 2000, the Disaster Prevention and Protection Act In 2006, the Special Act for Flood Management In 2006, the Special Act Governing the Management of Shihmen Reservoir and Its Catchment Area In 2010, the Special Act for Management of Tsengwen, Nanhwa, and Wushantou Reservoirs and Stabilizing Water Supply in Southern Area In 2011, the Special Act for Rehabilitation from Typhoon Morakot In 2014, the Special Statute for the Comprehensive Management of River Basins In 2015, the Coastal Zone Management Act 8

9 Analysis A. In the Disaster Prevention and Protection Act, 2000 The first time to organize several authorities in one law e.g., 1 st paragraph of Article 3 Prevention, response and recovery for all types of the disasters, the following agencies shall be the central regulating authorities for the disaster prevention and protection: 1. Windstorm, earthquake, fire, explosion: Ministry of the Interior; 2. Flooding, drought, public gas, fuel pipeline and power transmission line failure, mining disasters: Ministry of Economic Affairs; 3. Frost, debris flow, forest fire: Council of Agriculture, Executive Yuan; 4. Air crash, shipwreck and land traffic accidents: Ministry of Transportation and Communications; 5. Toxic Chemical Materials: Environmental Protection Administration, Executive Yuan; 6. Other disasters: the central regulating authorities of Disaster. 9

10 To work according to certain Plans e.g., the Disaster Prevention and Protection Basic Plan the Disaster Prevention and Protection Operation Plan 10

11 B. Characteristics of the Special Acts: Limited in certain period e.g., 8 years for the Special Act for Flood Management With Special budgets e.g., NTD 66 billion for the Special Statute for the Comprehensive Management of River Basins Free from some specified Articles of existing Laws e.g., Articles 62 and 63 of the Budget Act and Articles 18, 19 and 76 of the Local Government Act, in Articles 3 and 5 of the Special Statute for the Comprehensive Management of River Basins 11

12 Collaborating under certain Plans e.g., 1 st paragraph of Article 3 in the Special Statute for the Comprehensive Management of River Basins In this Statute, the central competent authority shall be the Ministry of Economic Affairs and said authority shall stipulate a Comprehensive River Basin Management Plan jointly with respective central industry competent authorities in accordance with the principles, policies, and preferred sequential order for overall river basin planning and comprehensive water management. 12

13 C. In the Coastal Zone Management Act, 2015 Organizing several authorities in one law again by requesting directly and working under certain Plans e.g., 2nd paragraph of Article 4 The competent authority and coastal patrol agency may request assistance from the competent authority of military, customs, port, irrigation, environmental protection, ecological conservation, fishery or other industries to carry out matters in the preceding paragraph and in this Act. e.g., the Integrated Coastal Zone Management Plan (Articles 8 and 9) the Coastal Conservation Plan and the Coastal Protection Plan (Article 10) 13

14 Purpose of legislation Article 1 This Act is enacted to maintain natural systems, ensure zero loss of the natural coast, respond to climate change, prevent coastal disasters and damage to the environment, protect and restore coastal resources, implement integrated coastal zone management, and promote the sustainable development of coastal zones. 14

15 Conclusions Trends observed: Jurisdiction of different authorities shall be respected and can not be interfered; however, facing the trend of increasing disasters, different authorities are organized under legal plans in one law. It reveals a legislation trend by improvement of legislative technique This trend appears not only in Special Acts but also in ordinary laws The term respond to climate change appears in law for the first time in Taiwan, which means Taiwan starts to react to global climate change, not only with research but also action 15

16 Thank You for Your Attentions 16

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