Regulation

Abstract

Country: Taiwan, Province Of China [1] EIA Law: Environmental Impact Assessment Act, 1994 Law Link: Link [2] EIA Regulations: Environmental Impact Assessment Enforcement Rules Regulations Link: Link [3] Projects Requiring EIA: Government projects Private Projects Abridged Assessments: Yes Assessment Detail: Developer shall prepare a "phase I" environmental impact study and submit it to the competent authority. The authority has 50 days to complete a review (may be extended by 50 days) and notify the developer if a "phase II" assessment must be prepared. A phase II assessment is required if there is concern about significant impact on the environment. EIA Act, Arts. 6, 7, 8 Best Practices in Lieu of EIA: No Who Conducts Screening: Government Who Conducts Screening Detail: EIA Act, Arts. 7 & 8 Criteria for Screening: List or appendix of project or activity types Proposed project or activity may cause significant environmental impact Criteria for Screening Detail: EIA Act, Arts. 5 & 8 (list of activities for Phase I assessment; "significant impact" standard for Phase II assessment). "Significant impact" is further defined in the EIA Enforcement Regulations, Art. 19 Who Prepares EIA: Project Proponent (with or without contractor) EIA Contractor Qualifications: Yes Conflict of Interest: No Terms of Reference: No Days for Decision Maker Review: 60 (may be extended) Automatic Approval: No Written Decision: Yes Written Decision Detail: "After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13. Permission granted prior to completion of review or authorization of an EIA report shall be invalid. EIA Act, Art. 14. Authority to Impose Conditions: Yes Authority to Impose Conditions Details: There appears to be authority to impose conditions. See EIA Enforcement Rules, Art. 43. Expiry of Decision: 3 years Expiry of Decision Detail: "When a developer starts development activity more than three years after the approval of its environmental impact statement or environmental impact assessment report and the acquisition of development activity permission granted by the industry competent authority, the developer shall submit an analysis of the difference between current environmental conditions and environmental conditions at the time its development activity permission was granted and a strategy evaluation report to the competent authority for review. Development activity may not start prior to the completion of the review by the competent authority." EIA Act, Art. 16-1 Interdisciplinary Team: No Range of Alternatives: Yes Range of Alternatives Detail: The EIA report must contain "alternate plan" [sic] EIA Act, Art. 11(IX) No Action Alternative: No No Action Alternative Detail: Not mentioned in the EIA Act provision concerning content of draft EIA report. See EIA Act, Art. 11. Type(s) of Impact Analysis: Direct environmental impacts Social impacts Health impacts Mitigation: Yes Mitigation Detail: The EIA shall contain "[a] summary chart of strategies for the prevention and mitigation of the