Standards for Determining Specific Items and Scope of Environmental Impact Assessments for Development Activities. Article 10
Where one of the following circumstances applies with respect to the excavation of sand and gravel, an environmental impact assessment shall be required:I. Excavation of sand and gravel (excluding the excavation of sand and gravel by brick, tile or ceramic industries) and related expansion, or increase of the excavation length or the amount of sand and gravel, and one of the following conditions applies:A. The site is located in a national park.B. The site is located in a wildlife refuge or a major wildlife habitat.C. The site is located in an important wetland.D. The site is located in a nature preserve approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan.E. The site is located in the land reserved for indigenous people.F. The site is located in a reservoir watershed.G. The site is located at an elevation of over 1,500 meters.H. The site is located in an agricultural zone or a protection area specified in an urban plan.I. The site is located in an agricultural land in a special agricultural zone or a general agricultural zone.J. The site is located in a marine area. However, maintenance dredging for maintaining vessels in and out of the existing port and for normal port operations shall not be subject to this restriction.K. The site is located in a slopeland, national scenic area, or a general protected area approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan: the application for development area or cumulative development area is 2 hectares or more (including the area of required road facilities outside the said area), or in case of mining on a riverbed the application is involved in a mining length or a cumulative mining length of 500 meters or more along the river, or in a mining volume of more than 400,000 cubic meters of sand and gravel.L. The site is located in a slopeland, national scenic area, or a general protected area approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan, and is also located in a water quality and quantity protection area: the application for development area or cumulative development area is one hectare or more (including the area of required road facilities outside the said area), or in case of mining on a riverbed the application is involved in a mining length or a cumulative mining length of 250 meters or more along the river, or in a mining volume of more than 200,000 cubic meters of sand and gravel.M. The application for development area or cumulative development area is 5 hectares or more, or in case of mining on a riverbed the application is involved in a mining length or a cumulative mining length of 1000 meters or more along the river, or in a mining volume of more than 400,000 cubic meters of sand and gravel.N. Extraction zones are located in a slopeland, one of the following conditions is present, the development areas for which application is made shall be combined for calculation, and the total area reaches the scale specified in Item (k) or (l):1. The mining sites are located under the same land number.2. The land of the mining sites are adjacent.3. The horizontal distance between the boundaries of the mining sites is within 500 meters.O. Extraction zones are not located in a slopeland but in a water quality and quantity protection area, one of the following conditions is present, the development areas for which application is made shall be combined for calculation, and the total area reaches the scale specified in Item (l) or (m):1. The mining sites are located under the same land number.2. The land of the mining sites are adjacent.3. The horizontal distance between the boundaries of the mining sites is within 500 meters.II. The construction or expansion of the crushing, washing and beneficiation field of a sand or gravel extraction operation, and one of the following conditions applies:A. The site is subject to the provisions of Items (a) to (e), and Item (g) of the foregoing subparagraph.B. The site is located in a reservoir watershed. However, this restriction shall not apply in case of a weir watershed where sand and gravel from the river are only crushed and extracted, the application for development area or cumulative development area is less than one hectare, waste water or sewage treatment facilities have been set up, the outfall is at least 1 kilometer or more away from the boarder of the reservoir storage area as confirmed by the reservoir management agency (entity), and the local competent authority has granted its consent.C. The site is located in a slopeland, national scenic area, or a general protected area approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan, and the application for development area or cumulative development area is one hectare or more.D. The site is located in an agricultural land in a special agricultural zone, and the application for development area or cumulative development area is one hectare or more .E. The application for development area or cumulative development area is 10 hectares or more.III. A brick and tile enterprise applies, expands its extraction of clay or increases the extraction length or the amount of earth, and one of the following conditions applies:A. The site is located in a national park.B. The site is located in a wildlife refuge or a major wildlife habitat.C. The site is located in an important wetland.D. The site is located in a nature preserve approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan.E. The site is located in the land reserved for indigenous people.F. The site is located in a reservoir watershed.G. The site is located at an elevation of over 1,500 meters.H. The site is located in an agricultural zone or a protection area specified in an urban plan.I. The site is located in an agricultural land in a special agricultural zone or a general agricultural zone.J. The site is located in a slopeland, national scenic area, or a general protected area approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan, and the application for development area or cumulative development area is 2 hectares or more (including the area of required road facilities outside the said area)or the application is involved in a mining volume of more than 400,000 cubic meters of sand and gravel.K. The site is located in a slopeland, national scenic area, or a general protected area approved and announced under the Taiwan Coastal Area Natural Environment Protection Plan, and is also located in a water quality and quantity protection area, and the application for development area or cumulative development area is one hectare or more (including the area of required road facilities outside the said area) or the application is involved in a mining volume of more than 200,000 cubic meters of sand and gravel.L.The application for development area or cumulative development area is 5 hectares or more.The extraction of sand and gravel referred to in Subparagraph 1 of the foregoing paragraph is a government-approved dredging project, and shall be required in accordance with the provisions of Article 14, subparagraph 2.When two or more applications for sand and gravel extraction zones are made at the same time (excluding the extraction of clay needed by brick and tile manufacturers), and any of the conditions described in Paragraph 1, Subparagraph 1, Items (n) or (o) are present due to subsequent applications, and in addition the combined area covered by the application for development area or cumulative development area falls within one of the scopes specified in Paragraph 1, Subparagraph 1, Items (k) to (m), then an environmental impact assessment shall be required for each such subsequent extraction zone application when the industry competent authority does not grant its consent.The combined calculation of extraction zone areas as prescribed in Paragraph 1 Subparagraph 1, Items (n) or (o) shall include the following situations:I. Development permission has been received.II. The application has not yet received permission for development from the industry competent authority.III. The industry competent authority approval has been annulled for less than one year.The weir watershed referred to in Paragraph 1, Subparagraph 2, Item (b) means a reservoir watershed of the dam, reservoir or their auxiliaries defined in Attached Table 5.Attached Table 5.odt