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英譯法規內容

法規名稱(Title) Regulations on Development and Management of the Lands Reserved for Indigenous People Ch
公發布日(Date) 2018.06.28
法規沿革(Legislative) 1.Promulgated on March 26,1990
2.Amended on March 22,1995
3.Amended on March 18,1998
4.Amended on February 16,2000
5.Amended on December 12,2001
6.Amended on April 16,2003
7.Amended on April 25,2007
8.Amended on June 28,2018
法規內文(Content)
Article 2  The competent authority called in these Regulations, in the central level, refers to the Council of Indigenous Peoples, in a Special Municipality level, refers to the government municipal, and in a County / City level, refers to the County / City government.     

     The matters related to agriculture, in the central government, shall be handled by the Council of Agriculture, Executive Yuan jointly with the central competent authority.

   The executive organs of these Regulations are township / city / district offices.

Article 6  The town / city / district office located in the lands reserved for indigenous people shall create a Reserved Land Rights Review Committee to take charge of the following matters:

1.To investigate, arbitrate and handle the disputes on the land rights of the lands reserved for  
   indigenous people.

2.To examine the applications for allocation, withdrawal, transfer of ownership, uncompensated use, or
   use by government departments or schools of the lands reserved for indigenous people.

3.To perform negotiation on the compensation for reallocation of the lands reserved for indigenous
   people.
4.To examine the application for leasing the lands reserved for indigenous people.

In the Reserved Land Rights Review Committee as referred
to in the preceding paragraph, four-fifths of the committeemen shall be indigenous people, and the fundamentals for establishing such committee shall be prescribed by the central competent authority.
      If an application regarding the lands reserved for indigenous people should be submitted to the Reserved Land Rights Review Committee for examination, the Township / City / District Office shall, within one month after acceptance of the application, transfer it to the Committee for examination. The Committee shall, within one month, finish examination and produce a position paper; otherwise, the Township / City / District Office shall directly report the case to the upper-level competent authority for approval.
    The Township / City / District Office shall report the decisions of the Reserved Land Rights Review Committee on the matters other than listed in Subparagraph 1 of the first paragraph to the upper-level competent authority for approval.
Article 13
  For the purpose of industrial or commercial business operating, the indigenous people may prepare and submit a business plan to the Township / City / District Office. After the position paper produced by the Reserved Land Rights Review Committee is submitted and approved by the municipal or county /city competent authority, the applicant may lease the lands reserved for indigenous people that may be used for construction according to law, and each lease term may not exceed nine years, but reletting may be applied for upon expiration of the lease term.

     The planned business as referred to in the preceding paragraph may not encumber the preservation and nursing of environmental resources or the national security, or produce public hazards.
Article 14  For the purpose of creating up religious buildings and facilities, the indigenous people may, with the approval of the competent authority in charge of religious affairs, submit a plan to the Township / City / District Office. After the position paper produced by the Reserved Land Rights Review Committee is submitted and approved by the municipal or county/city competent authority, the applicant may use, free of charge, the lands within the lands reserved for indigenous people that may be used for construction according to law. The term of use may not exceed nine years, but the contract may be renewed upon expiration of the term. The area of the lands used may not exceed 0.3ha.
Article 14-1   Municipal and county / city government may prepare a land use requirement plan for the prevention of disasters, response during disasters, recovery and reconstruction post disasters and submit to the central competent authority, upon approval, the lands reserved for indigenous people may be used free of charge, and the term of use may not exceed nine years; should continuous usage be required upon expiration of the term, a new land use requirement plan must be prepared and submitted to the central competent authority for approval two months prior to the expiration of the term.
    
Article 6 does not apply to the processing procedure of the land use requirement plan.
      
Article 12 does not apply to lands reserved for indigenous people to be used free of charge by victims in disaster zones as mentioned in paragraph 1.  
 Article 18   After the indigenous people has acquired the ownership of a piece of lands reserved for indigenous people, except for the special purposes designated by the government, the lands may be transferred to indigenous people only. 
   
 
The special purposes designated by the government as referred to in the preceding paragraph means the following circumstances the government is liable for:   
  1. Construction of various matters stated in article 3 and 
      paragraph 1 of article 4 in the Land Expropriation Act.

  2. Land use requirements verified by the central competent 
      authority for the prevention of disasters, response during 
      disasters, recovery and reconstruction post disasters.

  3. Lands reserved for indigenous people used as payment
      for estate tax and gift tax processed by the taxing
      authority.
      The lands reserved for indigenous people subjected to government allocation as referred to in subparagraph 3 of the preceding paragraph, other than legal allocation by the government organs, may be transferred to indigenous people only.
Article 19
  For the lands reserved for indigenous people for which the indigenous people has acquired the cultivation, the superficies, or the leasehold or the rights to use free of charge, if the utilization cannot be continued because there is no inheritors when the right holder dies, or the right holder loses the ability to cultivate the lands, or migrates to another place, or changes his occupation, the Township City / District Office may withdraw the lands based on the position paper produced by the Reserved Land Rights Review Committee.
     The Office shall request the court to write off the registration of the cultivation and superficies as referred to in the preceding paragraph. However, after the period of continued existence expires, the municipal or county / city competent authority may entrust the registration agency to write off the registration.
Article 24
  In order to promote the construction of the mining, quarrying, sightseeing and amusement, gas stations, and agricultural products distributing and storage facilities, the development of industrial resources, the preservation of the indigenous culture, healthcare, social welfare, telecommunication and transportation, financial services and other enterprises authorized by the central competent authority in the areas reserved for indigenous people, assistance and guidance shall be provided preferentially for the indigenous people or indigenous organ, legal person or organization to carry out development or construction under the precondition that the livelihood of indigenous people and the administration of indigenous affairs will not be encumbered.
    To apply for leasing the lands reserved for indigenous people or indigenous organ, legal person or organization for the purpose of development or construction as referred to in the preceding paragraph, the indigenous people shall prepare development or construction plans and illustrations, and submit to the governing Township / City / District Office for the Office to transfer them to the Reserved Land Rights Review Committee for the production of position paper and report to the central competent authority for approval. After the application is approved by the Council and the official document produced by the competent authority of target business to approve the development or construction has been acquired, the applicant may lease the lands reserved for indigenous people. Each lease term may not exceed nine years, and relet may be applied for according to the original procedure upon expiration of the term.
    The development or construction plans and illustrations as referred to in the preceding paragraph shall include the following documents:

      1.Application and development or construction plan.

      2.Configuration map of the land required, marked in relief 
         map of a proportion scale and cadastral map of not less t
         han 1:5,000.

     3.Contribution plan for construction on lands reserved for
        indigenous people.

4.Other required documents.
   If an enterprise other than an indigenous organ, legal person or organization or a person other than indigenous people (“Non-indigenous people” for short) applies for leasing lands for development or construction, the Township / City / District Office shall first give a public announcement for thirty days, and handle the application in accordance with the provisions of the preceding two paragraphs only provided that no indigenous people or indigenous organ, legal person or organization applies with the 30-day period.
Article 43-1  Registration of creating cultivation, superficies and ownership transfer in article 8, article 9, article 12 and article 17 shall be jointly applied to Council of Indigenous Peoples and the central competent authority, and matters approved by the central competent authority for leasing lands reserved for indigenous as referred to in article 24 may be managed by the entrusted local self-governing body.