The Commercial Port Law Article 7

The land needed for a commercial port that is state-owned, shall be requisitioned in accordance with relevant laws by the Commercial Port Administrative Authority, or appropriated by the Maritime and Port Bureau according to relevant laws. If the land is privately-owned, then the Maritime and Port Bureau has to levy according to relevant law, or it has to be purchased with a negotiating price by the Commercial Port Administrative Authority and its owners, or achieve its using rights by other methods. Furthermore, when the negotiating price or rights of other methods have reached 50% of the planned new land area, so that other new land areas cannot be price shared or obtain using rights, then this land has to be levied according to relevant laws.A commercial port construction plan shall specify the ownership of reclaimed land (if any). The land shall be registered in accordance with the plan after reclaiming, and be used and operated by the Commercial Port Administrative Authority.The reclaimed land mentioned above is registered as the manager of the Maritime and Port Bureau, which should be invested in the property of The Commercial Port Administrative Authority or purchase made by the application of the Commercial Port Administrative Authority.The Maritime and Port Bureau may offer the state-owned land to the Commercial Port Administrative Authority for development, construction or business operations by leasing, creating or investing the right of superficies for development, without subjection to Article 25 of the Land Act, Article 28 of National Property Law or local public property administration regulations.The state-owned land mentioned above is offered to the international commercial port public facilities to implement or coordinate with government policy users, to provide usage of the Commercial Port Administrative Authority for free.The Maritime and Port Bureau , according to Paragraph 4, stipulates the rental or establishment of superficies towards the income of the Commercial Port Administrative Authority, which should be paid to the port construction fund. However, the Maritime and Port Bureau operating state-owned property surplus owned by local government, should be paid to the local government.The methods, conditions, time limit, retrieval, rights and obligations and other relevant items provided by properties of the fourth paragraph, should be regulated by the MOTC.