:::Chinese | Home | Sitemap
*Mining Act
*Enforcement Rules of the Mining Act
*Industrial Explosives Administrative Act
*Sand and Gravel Excavation Act
*Mining Safety Act
Enforcement Rules of the Mining Act
:::

Sand and Gravel Excavation Act

Promulgated on Feb. 6, 2003

Under Presidential Order HTEY-09200019270

Amended on Jan. 9, 2008

Under Presidential Order HTEY-09700000851

Chapter 1 General

Article 1 To excavate sand and gravel resources rationally, protect natural environments, integrate administrative system, and prevent inappropriate sand and gravel excavation that may result in related hazards, this Act is then made accordingly for the purpose of achieving sustained national development. Provisions of other Acts shall apply when such are not included in this Act.

Article 2 The Government authority as referred hereunder shall be Ministry of Economic Affairs at Central Government, Municipal Government at Municipal City and County (City) Governments at County (City).

Article 3 To excavate sand and gravel, the excavation permit need to be obtained according to the regulations listed in this Act. However, if the following conditions occur, the acquisition of the excavation permit shall be exempted.

            1. Small quantity sand and gravel excavation for household usage.

            2. Sand and gravel obtained through land preparation and construction related works.

            3. Sand and gravel obtained along with the mining operation in which sand and gravel are co-existed with the mineral deposit in the same mine of the owner of mine operation right.

            4. Sand and gravel obtained for the purpose of urgent reconstruction of public works due to natural disaster.

            5. Sand and gravel obtained for important construction work initiated by governmental departments.

            6.Brick, tile or ceramic industries excavate sand and gravel for it own usage.

The location, acreage, quantity and excavation duration of the sand and gravel excavation administrative regulations listed in above paragraphs 1 to 5 shall be determined by Central Government Authority.

Article 4 The terminology used in this Act are defined as follows:

            1. Sand and gravel: Natural resources such as soil (including clay and silt) , sand, gravel and stone, etc which are not included in Article 3 of MiningAct along with other minerals.

            2. Land sand and gravel: The sand and gravel deposited in land.

            3. River and water sand and gravel: The sand and gravel deposited in river and lake and their vicinity area.

            4. Costal and sea sand and gravel: The sand and gravel deposited along the costal line and outside of costal line.

            5. Sand and gravel excavation area: The field that is approved for sand and gravel excavation by Government Authority.

            6. Sand and gravel excavation field: The site that is used for sand and gravel excavation, storage, and its related operations such as handling, crushing, washing and beneficiation.

            7. Sand and gravel excavation person: Person or entity who hold the sand and gravel excavation permit.

            8. Person who is responsible for sand and gravel excavation field: Person who actually managing the overall operation of sand and gravel excavation field.

            9. Technical manager of the sand and gravel excavation field: The technical person who managing the technical and safety aspects of the sand and gravel field.

            10. Total quantity control: The restrictive measures imposed to control the total quantity of sand and gravel excavation for a specific area.

 

Chapter 2 Sand and Gravel Excavation Permit

Section 1 Conditions for applying permit

Article 5 Citizen of the Republic of China may apply for sand and gravel excavation permit pursuant to this Act.

Government Authority apply or accept application for sand and gravel excavation permit shall comply with the provisions listed in this Act and consider the specific local government regulations for sand and gravel excavation total quantity control.

The operating regulations for sand and gravel total quantity control shall be determined by the Central Government Authority.

Article 6    For river and water sand and gravel, its excavation duration is limited to three years and can not be extended when expired. For land and costal line and sea sand and gravel, its excavation duration is limited to 10 years and can be extended for the same duration after expiration.

Article 7 To apply sand and gravel excavation, the excavation area is limited to less than 20 acres for river and water sand and gravel, 100 acres for both costal and sea sand and gravel and land sand and gravel.

Within the sand and gravel excavation permitted area, the excavation shall be limited to the permitted depth from the excavation boundary vertically downward. The criteria for the depth of excavation shall be promulgated through Central Government Authority after consulting with related Government Authorities.

Article 7-1For the needs of public construction and economic development, governing authority may select suitable location and delimit designated sand and gravel excavation area after on site inspection accompanied with water resources, fishing, soil and water conservation, environmental protection, land use and management, and other related authorities.

The delimitation of sand and gravel excavation designated area by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City need to apply for permission from central governing agency.

The private land within the range of sand and gravel excavation designated area shall be expropriated ; for public land shall be appropriated through required regulations.

The governing authority that delimitate sand and gravel excavation designated area shall conduct development and excavation planning.  After conducting environmental impact assessment, water and soil conservation audition and non-urban land converting classification or urban land converting procedures, the sand and gravel excavation designated area can then be declared to accept sand and gravel excavation permit application.

The application of sand and gravel excavation within sand and gravel excavation designated area shall follow original excavation plan designed by governing authority to prevent repeating procedures described in the above listed articles.

Sand and gravel excavation person shall be recognized as an obligor and development entity and conduct development entity converting under environmental impact assessment regulations.

In article 3, the private land owner can use expropriated compensation to become share holder or partner of sand and gravel excavation person under the agreement of sand and gravel compensation person.

Article7-2 The sand and gravel excavation designated area delimited by central governing authority, the central governing authority shall examine the application for excavation and issue the permit, and monitor and administrate the conduction of excavation.The sand and gravel excavation designated area delimited by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City shall be executed by Municipal Government at Municipal City under the direct jurisdiction of the Central Government and County and City Government at County and City.

The sand and gravel excavation designated area delimited by central governing authority, its application, monitoring, administration and penalty shall comply with Sand and Gravel Excavation Act.

Article 8 For the excavation of river sand and gravel, Municipal or County (city) governments shall conduct site investigation along with River Management Office after receiving the applications of sand and gravel excavation and river use, including application form and drawings. After obtaining the river use permit issued from River Management Office, Municipal or County (City) Governments shall process and transmit to the applicant.

For the works of river and reservoir dredging and maintaining waterway conducted by Water Resources Agency, the excavation of sand and gravel complying with Water Resources Act shall be exempted from the restrictions listed in the provision of this Act.

Article 9 To apply the land for sand and gravel excavation, for public land, the Land Management Office may lease the land or agree the use of land for sand and gravel excavation, and acquire rent or land use fee.

The rent or land use fee shall be determined by the Land Management Office that lease or agree the use of land for sand and gravel excavation. To excavate sand and gravel in the sea outside of dike shall be free of charge.