The Executive Yuan today passed a draft National Land Use Planning Act to provide a blueprint for the orderly development and use of national land and to prevent damage from overdevelopment of the environment.
Premier Jiang Yi-huah said that the proposed law integrates national land conservation, ocean protection, agricultural land management, urban-rural development and other efforts. The draft bill, to be sent to the Legislature for deliberation, will also implement the national land policy outlined in the seven major policies to be pushed by the ROC.
The Ministry of the Interior (MOI) said it had many objectives in mind when drafting the act. It aimed to establish a national land planning system that would ensure the sustainable development of livelihoods, production and the ecology, while also articulating national spatial policies to be followed when planning land use. The ministry also wanted to ensure that national land was utilized appropriately such as for responding to climate change, using ocean resources, maintaining food security and managing urban-rural development. To sustain the land, controls should be set in place based on the nature of the land resources, the environment's tolerance level and location's development needs. If development projects bring losses or benefits to residents, protection and compensation measures are also needed.
This latest bill differs from previous versions sent to the Legislature in several areas, said the MOI. After consulting with the Council of Indigenous Peoples, the MOI added restrictions on the use of indigenous land and waters and formulated regulations for special district plans in indigenous territories. To maintain cohesion in national land plans, the MOI specified principles for using land zones according to their functions, prohibiting arbitrary changes to land zones and functions simply to suit development purposes. The draft also stipulates that the government will establish a sustainable development fund and infuse no less than NT$50 billion (US$1.7 billion) over the fund's first 10 years.
Based on environmental resources and development needs, the MOI explained, national land use can be divided into four categories: land conservation zones, marine resources zones, agricultural development zones and urban-rural development zones. Within each zone, the land can be further broken down according to the degree of conservation or development, and stipulations on land use can then be formulated accordingly.
The contents of the bill are summarized as follows:
1. Types of national land plans; the relationship between nationwide plans and local government plans; the relationships among national land plans, urban planning, national park plans, and plans drawn up by individual competent authorities. (Article 7)
2. Procedures for formulating national land plans, inviting public participation, reviewing and approving the plans, and announcing implementation measures. (Articles 10-12)
3. Principles for designating functional land zones, drawing land zone maps, and managing such land. (Articles 19-22)
4. Matters to be completed after a land user applies for a permit (provided the land will be used in accordance with zoning rules) and the competent authority has received the application. (Articles 23-25)
5. Principles for compensating or protecting the rights of the interested party of a structure, facility or piece of land that had been used lawfully previously. (Articles 31-32)
6. Penalties for violating land use regulations. (Articles 33-34)
7. Stipulations on the establishment, source and uses of the national land sustainable development fund. (Article 38)
8. Time limits for announcing national land plans and zoning maps, and the timeframe for when the provisions of the Regional Plan Act would cease to apply. (Article 39)