Newsletter
DRAFT BASIC ENVIRONMENTAL PROTECTION LAW
The draft Basic Environmental Protection Law passed its first reading in the Legislative Yuan. It comprises 34 articles in five chapters. The main points are as follows:
Chapter 1: General provisions (Articles 1 to 14)
This chapter defines the aims of the law: envi-ronmental protection and economic development should be given equal consideration; the public, businesses and all levels of government should bear joint responsibility for protecting the envi-ronment.
The public should, if possible, practice envi-ronmentally friendly consumption, and in their daily lives should reduce, sort and recycle refuse.
Businesses should: (1) base their planning on entire product life cycles, and promote clean production; and (2) appoint personnel with spe-cific responsibility for environmental protection, as required by the law.
Central government should: (1) formulate na-tional legislation and programs related to envi-ronmental protection, to provide a basis for local governments to draw up their own local regula-tions and environmental protection plans; (2) promote international cooperation, technology and research in environmental protection; and (3) establish a qualification system for specialist environmental protection personnel. All levels of government should incorporate the concept of environmental protection into their activities, promote environmental education, and establish specialist agencies to handle, and give guidance in, matters related to environmental protection. Courts should establish special divisions or ap-point specialist judges to hear environmental dispute.
It is particularly noteworthy that Article 3 of the draft provides that although consideration must be given to the long-term national interest and to economic, scientific, technical and social de-velopment, when such development seriously threatens the environment, priority should in principle be given to environmental protection. This differs somewhat from the policy of "equal importance for environmental protection and economic development" that was announced when the Environmental Protection Administra-tion was established. However, the main pur-pose of the provision is to reduce industrial pol-lution, not to suppress economic activity.
Chapter 2: Planning and protection (Articles 15 to 18)
All levels of government should: establish en-vironmental information systems, and appropri-ately plan land use; designate zones in which human activities and land use are limited, in accordance with natural conditions and actual needs; and assure biodiversity and maintain a diverse natural environment.
Chapter 3: Control and relief (Articles 19 to 27)
All levels of government should protect rare re-sources, and prevent excessive groundwater ex-traction, land subsidence and coastal erosion. Central government should establish an envi-ronmental impact assessment system; draw up phased environmental quality and pollution control standards, taking account of societal needs and the level of scientific and technical development; and establish systems for envi-ronmental dispute resolution, and for compensa-tion and relief for environmental damage.
In order to achieve environmental quality stan-dards, local governments may draw up stricter standards for their own jurisdictions in accor-dance with local conditions, subject to central government approval.
The government should set up prior licensing, control and audit systems for polluting activities and for the exploitation of rare resources and natural or cultural assets, and should establish environmental monitoring and warning systems, and mechanisms by which polluters and benefi-ciaries pay.
The draft adopts the approach of the US Super-fund scheme, requiring those who pollute or damage the environment to bear responsibility for the pollution they create. Article 25 of the draft provides: "Environmental resources are the property of the entire nation; the central gov-ernment shall establish a 'polluter pays' system, to levy pollution prevention and control fees and environmental rehabilitation fees on polluters, in order to maintain the sustainable use of the en-vironment."
The draft also defines compensation mechanisms. To preserve the natural, social or cultural envi-ronment and protect aboriginal rights, the gov-ernment may designate areas in which to under-take necessary measures or limit human activi-ties and use; but it should pay compensation to individuals and communities.
Chapter 4: Guidance, supervision and incen-tives (Articles 28 to 32)
The central government should pay attention to research and development of environmental science and technologies. All levels of govern-ment should give guidance and incentives to promote the development of environmental businesses and encourage private-sector in-vestment in them. To promote the appropriate and efficient use of resources, or in response to environmental needs, all levels of government should adopt incentives, guidance and compen-sation measures, to promote the use of recycled resources, and should in principle purchase products made from recycled resources and goods bearing the environmental greenmark.
Chapter 5: Supplementary provisions (Articles 33 and 34)
5 June each year is designated as Environment Day. The law will take effect from the day of its promulgation.