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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) 2019.07.03
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
9.Amended on July 3,2019
法規內文(Content) Article1    These Regulations are enacted pursuant to Article 37, Paragraph 6 of the Hillside Land Conservation and Utilization Act.

Article6    The Town/City/District office located in the lands reserved for indigenous people shall establish 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 matters regarding uncompensated acquisition, allocation, or withdrawal of the lands reserved for indigenous people.
  3. To examine the application for the leasing or uncompensated use of the lands reserved for indigenous people.
  4. To examine the application for appropriating public lands reserved for indigenous people.
  5. To perform negotiation on the compensation for allocation of the lands reserved for indigenous people.

    In the Reserved Land Rights Review Committee as referred to in the preceding paragraph, four-fifths of the committee members shall be indigenous people, and the fundamentals for establishing such committee shall be prescribed by the central competent authority.

    If an application regarding the matters stipulated in Paragraph 1, Subparagraph 2 to 5 of this Article 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 Reserved Land Rights Review Committee shall, within one month, finish examination and produce a position paper. However, both the Township/City/District Office and the Reserved Land Rights Review Committee may apply for a one-month extension if necessary. Should the Committee fail to produce the position paper within the designated time frame, the Township/City/District Office shall directly report the case to the Municipal/County/City competent authority for approval.

    The Township/City/District Office shall report the review records of the Reserved Land Rights Review Committee on the matters listed in Subparagraph 2 to 5 of the first paragraph to the Municipal/County/City competent authority for approval.

Article7    The central competent authority shall assist and guide the indigenous people in acquisition of leasehold or uncompensated acquisition of ownership of the lands reserved for indigenous people.

Article8    (Repealed)

Article9
     (Repealed)

Article10    Where an indigenous person applies for the rights to uncompensated acquisition of the ownership of the lands reserved for indigenous people, the upper limit for land area is as follows:

  1. For lands used for crops, pasture, or aquacultural uses in accordance with the Regional Plan Act or lands zoned as agricultural or conservation areas for agricultural, aquacultural, or animal husbandry uses in accordance with the Urban Planning Law, the upper limit is 1 hectare per person.
  2. For lands used for forestry in accordance with the Regional Plan Act or lands zoned as conservation areas for reforestation uses in accordance with the Urban Planning Law, the upper limit is 1.5 hectares per person.
  3. For lands used for construction in accordance with relevant regulations, the upper limit is 0.1 hectares per household.
  4. For types of land not specified in this Article, the upper limit for land area shall be determined by the central competent authority according to circumstances.

    In cases of an indigenous person applying for uncompensated acquisition of land that fall under the provisions of both Subparagraph 1 and 2 of the preceding paragraph, the land area shall be calculated as a whole; the ratio of which shall be determined by the central competent authority. However, this figure may only be increased or reduced by up to 10% due to geographical restrictions.

Article11    (Repealed)

Article12    (Repealed)

Article14-1    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 17 and 20 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 15   
The indigenous people may not transfer or rent to others, the leasehold, the right to use free of charge, or any legally established farming, superficies, or agricultural rights to the lands reserved for indigenous people, unless the transferees or leaseholders are indigenous people entitled to the rights of inheritance, the indigenous people in the household to which the lands are allocated, or the relatives of the indigenous people within three degrees of kinship.

 Article16    Where the indigenous people violates the provision of the preceding article, the Township/City/District Office may withdraw the lands reserved for indigenous people; besides, the case shall be handled in accordance with the following provisions:

  1. If the registration of farming, superficies, or agricultural rights has been completed, the Office shall request the court to write off the registration.
  2. If the lands are leased or used free of charge, the contract shall be terminated.
Article17    The indigenous people who meet any one of the following criteria may apply for the uncompensated acquisition of lands reserved for indigenous people:
  1. The lands reserved for indigenous people have been under the usage of the indigenous people prior to the establishment of these Regulations.
  2. The lands reserved for indigenous people contain existing self-use housing of the indigenous people; the area of the lands shall be determined according to the actual area of the buildings and auxiliary facilities in use.
  3. The lands reserved for indigenous people on which the indigenous people exercise their rights to legally established farming, superficies, or agricultural rights.
    The Township/City/District Office shall submit the relevant application from the preceding paragraph to the Reserved Land Rights Review Committee, who shall promulgate a position paper. If no objection is raised within 30 days of the promulgation, the application shall be further submitted to the Municipal/County/City competent authorities for approval; the application shall also be submitted to the local registration agency for registration of transfer of ownership.
    Indigenous people who are applying for the acquisition of lands that meet the criteria stipulated in Paragraph 1, Subparagraph 3 or the ownership of lands allocated and added as indigenous reserve lands are not required to go through the aforementioned 30-day promulgation process.
    If the lands reserved for indigenous people that meet the criteria stipulated in Paragraph 1, Subparagraph 3 undergo zoning changes due to the implementation of urban planning or changes in land category due to alteration of non-urban lands, the holder may apply for registration of transfer of ownership.
    At the end of the period of the indigenous people’s rights to the lands reserved for indigenous people that meet the criteria stipulated in Paragraph 1, Subparagraph 3, the ownership may still be transferred. The heirs to the deceased holders of farming, superficies, or agricultural rights may apply for uncompensated acquisition of said lands.


Article18    After the indigenous people has acquired the ownership of a piece of land 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 for the purposes stated in Article 3 and Article 4, Paragraph 1 of the Land Expropriation Act; the application for simultaneous expropriation stated in Article 8 of the same 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.
  4. Lands reserved for indigenous people on which no winning bid has been determined due to the execution of an obligatory payment under public law.

    The lands reserved for indigenous people subjected to government allocation as referred to in Subparagraph 3 and 4 of the preceding paragraph, other than legal allocation by the government agencies, may be transferred to indigenous people only.

Article19    If the holders of lands reserved for indigenous people with legally established farming, superficies, or agricultural rights die without heirs, the lands shall be submitted by the Township/City/District Office to the Reserved Land Rights Review Committee, who shall produce and submit a position paper to the Municipal/County/City competent authorities for approval and entrust the registration agency to write off the registration.

Article20    The Township/City/District Office may draft an allocation plan regarding the lands reserved for indigenous people within its jurisdiction that are legally withdrawn or yet to be allocated. The plan shall be submitted to the Reserved Land Rights Review Committee, who shall promulgate a position paper. The Township/City/District Office may, after 30 days, reallocate the lands to indigenous people in the region under its jurisdiction in the following order of priority:

  1. Those whose allotted lands do not meet the upper area limit stipulated in Article 10, and who have traditional ties with the lands.
  2. Those who have not received any allocation.
  3. Those who experienced loss of lands reserved for indigenous people due to negotiated expropriation or appropriation of lands carried out in accordance with Article 11 of the Land Expropriation Act.
    The aforementioned allocation applications shall be processed by the Township/City/District Office in accordance with the procedures stipulated in Article 17, Paragraph 2.
    Indigenous people in violation of Article 15 may not reapply for allocation of lands reserved for indigenous people.
   
For the lands reserved for indigenous people withdrawn under the first paragraph, the Township/City/District Office shall notify the owner of the land improvements to harvest or dismantle the improvements within a specified time limit; if they are not harvested or dismantled in the time limit, the improvements will be directly disposed of by the Township/City/District Office.
   
If the land improvements referred to in the preceding paragraph are legally planted or built, the Township/City/District Office shall assess their value for the new ownership holder to offer compensation to the original owner to acquire the improvements.


Article26    When applying for development or construction according to the provision of Article 24, if the indigenous people has already acquired the ownership of the lands, the applicant shall negotiate with the owner on the price and report to the Municipal/County/City competent authorities for approval, and then participate in investment; in case of transfer of investment rights, the transferee shall be limited to indigenous people.
    If the leasehold has been acquired by indigenous people, the applicant shall negotiate with the right holder to provide compensation.

Article42    (Repealed)


Article43    (Repealed)

Article43-1    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.