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Regulations for Examination of the Application Field by Industrial Entrepreneurs for Use of the Adjoining Non-Urban Land and Area of Land Required in its Factory Expansion Plan
  • Published at: 2006-09-12 00:00
  • Last modified at: 2012-11-14 14:55

Amended by order of industry serial No.09104613763,Economy (91),July 10,2002,

Ministry of Economy

Promulgated by order of industry serial No. 85460434,Economy(85), April 10,1996,Ministry of Economy

Amended Article 2,3,and 5 by order of industry serial No.86461093, Economy(86),September 10,1997, Ministry of Economy

Promulgated by order of industry serial No.88461275, Economy(88),June,29,1999,Ministry of Economy

Promulgated by order of industry serial No.89316407, Economy(89),November l5, 200O,Ministry of Economy

Amended article 5,9,10,12,and I3 by order of industry serial No.09004620100,

Economy (90), October3, 200l, Ministry of Economy

Regulations for Examination of the Application Field by Industrial Entrepreneurs for Use of the Adjoining Non-Urban Land and Area of Land Required in its Factory Expansion Plan

Article l: This policy is regulated in accordance with item 5 of article 53 on” Statute for Upgrading Industries”

Article2:The adjoining non-rural land to ㄐreferred to as in this policy should meet following conditions:

l. The original plant land must comply with land usage division or classified land category

2. The adjoining non-rural land applied for land classification change should be connected with original plant land

3. The width of adjoining non-rural lands applying for land classification change divided by water paths or road paths between original plant lands or adjoining non-rural lands calculated in combination should not exceed 10 meters

4.Moreover,this regulation will not be restricted by statements on item 3 as long as it is not to impede plant land,s overall planning and usage and considered appropriate by Ministry of Economy.

Article 3:The adjoining non-rural land used by industry initiators thanks to industry expansion should meet following conditions:

1. Must be low-pollution business

2. Holding plant register certificate with approved needs of plant expansion

3. The total land area applied for classification change should not exceed 5hectares

4. Ten thousands often total land area planned for change must be put aside as greenery

5.Not belonging to water collection area of reservoir

6.No hindrance to farmlands, irrigation , water drainage and farm routing system

7.Not the lands prohibited by other laws and regulations

Article 4:Industry initiators applying for increasing adjoining non-rural lands thanks to industry expansion should prepare the following 3 each copies of document and file to the Ministry of Economy for verification as low-pollution business.

1.Copy of plant register certificate

2.Application form to verify as low pollution business : detailed description on location of original plant ,land area ,division of land usage , land classification and location of increased land and its land area, division of land usage, land classification, product name and manufacturing process before and after expansion , item list and distribution map on machine equipment.

Ministry of Economy should respond to industry initiators applied (hereinafter referred to as applicant) result of forth-mentioned items in written ; once being verified as low pollution business , Ministry of Economy should acknowledge the regional industry authorities where the land is located.

Article 5:Applicant should prepare the fol1owing documents the second day onward within one ever since receiving the notice as verified low pollution business, to apply for approval of expansion plan by regional industry authorities where the land is located and apply for industry land certificate.

l. Copy of plant register certificate

2.Written notice as low pollution business verified by Ministry of Economy

3.Expansion plan proposal: Detailed description on original plant location , land area, usage division ,land classification and the cause of land increase , location,land area, usage division ,land classification, current usage status , product name and manufacturing process before and after expansion and impact exposition on neighboring agricultural production environment , irrigation ,draining, and farming routes after land usage change.

4.Exposition on pollution prevention before and after expansion

5.Application form for non-rural land classification change

6.Registration transcript on original plant land and its application for land classification change

7.Handover list of original plant land and its application for land classification change and transcript of land origination map

8.For those lands increased belonging to private owned should prepare the land classification change agreement letter signed by land proprietor. Land increased belonging to the public should prepare the inspection record granted by regional industry authorities where the land is located together with public land administration authorities.

9.For those divided by water paths or road paths between increased land and original plant land , it is necessary to prepare usage document agreed by the authorities or proprietors governing water or road paths.

10.Location map on plant site and neighboring area before and after land increase, scale no less than one five thousandths.

11.Flat building distribution map before and after land increase, scale no less than one over one thousand two hundredths.

12.Distribution map on greenery planning and construction and planning instruction manual, scale no less than one over one thousand two hundredths.

13.Map and exposition on neighboring farming routes, agricultural facilities and irrigation system, scale no less than one over one thousand two hundredths.

Forth-mentioned document for all items should be prepared in 8 copies other than 5 copies required for item 5

Should environment impact appraisal be needed for application of item l, it is necessary to apply with relative documents based on environmental protection laws and regulations. Applicants failed to apply within dead line specified on item 1,the verified certificate approved by Ministry of Economy would be considered void

Article 6:Regional industry authorities should distribute application documents to land administration, agriculture and environment protection units with which it is able to do joint inspection on the spot. If necessary, joint auditing meeting is require for appraisal.

Should forth-mentioned application documents be considered insufficient, regional industry authorities should notify applicants to supplement and correct in specified period ; should those documents not be supplemented and corrected within dead line or not be able to be supplemented and corrected , regional industry authorities should return those application documents in written notice.

Article 7:Regional industry authorities should respond applicants in written notice the assessment result on expansion plan; for those approved for expansion plan, regional industry authorities should notify them altogether in written notice on submitting rewarding bonus to industry zones development administration fund established by local direct municipality or county(city)government

Forth-mentioned rewarding bonus should be calculated by five hundredths of land classification change area according to promulgated land current value as of the date Ministry of Economy sending the official letters for verification of low pollution business

Rewarding bonus: (each deal of classification change on land area each deal of promulgated current land value) 5

Applicants failed to submit rewarding bonus within one year since the second day of receiving the confirmation letter of verified expansion plan on item l, the verified plan would be considered void.

Article 8:Apphcants should apply to local land administration unit for handling land segregation of greenery on item 4 of article 3 and constructing facilities according to

distribution map of greenery planning after receiving regional industry authorities, notice of approved expansion plan.

Article 9: After applicants submit rewarding bonus, handle greenery land segregation and complete constructing facilities according to approved distribution map of greenery planning, regional authorities should manage following matters:

l. Verify and distribute industry land certificate

2. Acknowledge land administration authorities the handling of adjoining non-rural land classification change

3.Acknowledge local land administration unit to use adjoining non-rural land indication sign

Of forth-mentioned item 2 on adjoining non-rural land,s change of classification change, greenery would be classified as land for country safety and protection use(國土保安用地)with remaining lands to be changed classification to class D of building lands(丁種建築用地)

Article 10:After taking advantage of adjoining non-rural lands thanks to expansion business to change classification as class D of building lands, applicants should comply with approved plan to complete usage and is not allowed to further apply for the increase of adjoining non-rural land usage for plant expansion based on regulations of this policy until obtaining usage license.

Article 11:Industry initiators require to use adjoining non-rural lands in light of necessity of further exploring indispensable passages or setting up pollution preventative equipments, following terms should be met:

1. Original plant land is qualified with plant register certificate yet insufficient for use

2. The total area of land applied for classification change should not exceed 5 hectares

3. Not belonging to water collection area of reservoir

4. No hindrance to neighboring farmland,s irrigation, drainage and farming routes system

5.Not prohibited by other laws and regulations

Article l2:Industry initiators should prepare following documents while applying for the increase of adjoining non-rural lands in light of necessity of further exploring passages or establishing pollution preventative equipments to regional industry authorities where the land is located for application of verified expansion plan and industry land certificate

1.Copy of plant register certificate

2. Expansion plan proposal

3. Application documents on on-rural land change classification

4. Register transcripts of original plant land and land applied for change classification

5. Handover list and land origination transcript of original plant and land applied for change classification

6. Plant land scope, building properties and facilities distribution map before and after increase

7. Lands increased belong to private owned should prepare change classification agreement letter signed by land proprietors. Lands increased belong to the public should prepare joint inspection record co-signed by regional industry authorities where the land is located and individual public land administration authorities

8.For those divided by water paths or road paths between increased lands and original plant lands should prepare usage documents agreed by authorities or proprietors governing water or road paths concerned

Forth-mentioned documents for all items should be prepared in 8 copies other than 5 copies being required for item 3

Article 13:The auditing and handling of application documents concerning forth-mentioned article should be applied to the regulation of article 6

Regional industry authorities should handle the following matters while verifying expansion plan:

1. Verify and distribute industry land certificate

2.Acknowledge land administration units to handle the changing classification of adjoining non-rural lands into class D of building lands

3. Acknowledge applicants of local land administration units to use adjoining non-rural land indication sign

Article 14:The format of industry land certificate concerning section 1, item l of article 9 and section 1, item 2 of forth-mentioned article is regulated as attached appendix

Article l5:This policy is to put in force since promulgated

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