Sand and Gravel Excavation Act Article 36

Any person who excavates sand and gravel without permission shall be punished with an administrative fine of not less than NT$1,000,000 and not more than NT$25,000,000, and the transport vehicles or other mechanical equipment used by the actor may also be forfeited; the Competent Authority of the Special Municipality or County (City) shall order the actor to complete site rehabilitation in accordance with Paragraph 6 and to remove the facilities thereon within a prescribed time limit. If the actor fails to do so within the time limit, an administrative fine of not less than NT$100,000 and not more than NT$2,500,000 shall be imposed, and further fines shall be imposed for each occurrence. Where necessary, the Competent Authority of the Special Municipality or County (City) may carry out the site rehabilitation and remove the facilities on behalf of the actor; the expenses thereof shall be borne by the actor.Any person who, without permission, uses vessels or other mechanical equipment to excavate sand and gravel in any of the following areas shall be sentenced to imprisonment for not less than one year and not more than seven years, and may, in addition, be fined not more than NT$100,000,000:1. The internal waters (excluding inland waters) and territorial sea of the Republic of China.2. The restricted or prohibited waters of Kinmen (including Dongding and Wuqiu), Matsu (including Dongyin and Liangdao), and the Nansha area, as announced pursuant to Paragraph 2 of Article 29 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.Any person who, with intent to make a profit, excavates sand and gravel without permission under the circumstances described in Paragraph 1 shall be sentenced to imprisonment for not more than five years, and may, in addition, be fined not more than NT$50,000,000.Where the circumstances described in the preceding paragraph cause a disaster, the offender shall be sentenced to imprisonment for not less than one year and not more than seven years, and may, in addition, be fined not more than NT$60,000,000; if death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years, and may, in addition, be fined not more than NT$100,000,000; if serious physical injury results, the offender shall be sentenced to imprisonment for not less than three years and not more than ten years, and may, in addition, be fined not more than NT$80,000,000.Vessels, transport vehicles, or other mechanical equipment used in the commission of the offenses under Paragraphs 2 and 3 shall be confiscated, regardless of whether they belong to the offender. After a judgment ordering confiscation becomes final, the confiscated items may, depending on the circumstances of the case, be auctioned or sold, or, with approval obtained for the specific case, be disposed of in one of the following ways:1. Retained without compensation for public use.2. Discarded.3. Otherwise appropriately disposed of.No waste shall be used for the site rehabilitation referred to in Paragraph 1; the materials that may be used for site rehabilitation, the methods of implementation, and other related matters shall be publicly announced by the Central Competent Authority in consultation with the relevant competent authorities.