EIA Country Report for Taiwan

Legal Framework
State, Country or Province: 
Taiwan
EIA law: 
Environmental Impact Assessment Act, 1994
EIA Regulations: 
Environmental Impact Assessment Enforcement Rules
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
Developer shall prepare a "phase I" environmental impact study and submit it to the competent authority. The authority has 50 days to complete a review (may be extended by 50 days) and notify the developer if a "phase II" assessment must be prepared. A phase II assessment is required if there is concern about significant impact on the environment. EIA Act, Arts. 6, 7, 8
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
EIA Act, Arts. 7 & 8
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
EIA Act, Arts. 5 & 8 (list of activities for Phase I assessment; "significant impact" standard for Phase II assessment). "Significant impact" is further defined in the EIA Enforcement Regulations, Art. 19
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
"For those development activities for which environmental impact assessments are required pursuant to the foregoing article to be conducted, the developer, when planning, shall, in accordance with environmental impact assessment working standards, conduct a phase Ⅰ environmental impact assessment and prepare an environmental impact statement." EIA Act, Art. 6
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
Yes
Conflict of Interest: 
No
Terms of Reference (TOR): 
No
Days for Decisionmaker Review: 
60 (may be extended)
Automatic Approval: 
No
Written Decision: 
Yes
Written Decision Detail: 
"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13. Permission granted prior to completion of review or authorization of an EIA report shall be invalid. EIA Act, Art. 14.
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
There appears to be authority to impose conditions. See EIA Enforcement Rules, Art. 43.
Expiry of Decision: 
3 years
Expiry of Decision Detail: 
"When a developer starts development activity more than three years after the approval of its environmental impact statement or environmental impact assessment report and the acquisition of development activity permission granted by the industry competent authority, the developer shall submit an analysis of the difference between current environmental conditions and environmental conditions at the time its development activity permission was granted and a strategy evaluation report to the competent authority for review. Development activity may not start prior to the completion of the review by the competent authority." EIA Act, Art. 16-1
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
The EIA report must contain "alternate plan" [sic] EIA Act, Art. 11(IX)
No Action Alternative: 
No
No Action Alternative Detail: 
Not mentioned in the EIA Act provision concerning content of draft EIA report. See EIA Act, Art. 11.
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
The EIA shall contain "[a] summary chart of strategies for the prevention and mitigation of the adverse impact of the development activity on the environment" and a budget for implementation of the environmental protection work. EIA Act Art. 11 (XIV, XV)
Monitoring Plans: 
No
Monitoring Plans Detail: 
Although project implementation monitoring occurs (see EIA Act, Art. 18), there does not appear to be a requirement that the project developer prepare a monitoring plan during the EIA process.
Access to Information
Public Notice of Draft EIA: 
Yes
Draft EIA Available: 
Yes
Draft EIA Available Detail: 
If it is determined that a Phase II assessment is required, the project developer must "display or post" the Phase I environmental impact study at an "appropriate location" for not less than 30 days. It must also publish notice in newspapers that the study is available for public inspection. EIA Act, Art. 8 "Appropriate location" is defined in the Enforcement Regulations, Art. 20, and includes local government offices, schools, libraries, churches/temples, and markets. The developer must choose at least 5 locations evenly distributed.
Draft EIA Locations: 
Internet
Draft EIA Locations: 
Library
Draft EIA Locations: 
Local government office
Draft EIA Locations: 
Other
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13.
Final EIA Available: 
Yes
Final EIA Locations: 
Internet
Final EIA Locations: 
Other
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13. The competent authority shall make its conclusions and conference records of the Environmental Impact Assessment Review Committee publicly available on the Internet. EIA Enforcement Rules, Art. 13.
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
The competent authority shall invite together the relevant agencies, groups, scholars, experts and representatives of local residents in order to define the scope of the Phase II assessment. EIA Act, Art. 10.
Public Review of TOR: 
No
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Review of draft EIA
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Other
Public Meetings: 
Yes
Public Meetings Detail: 
The developer must hold a "public explanation meeting" after the time period for reviewing the Phase I study is complete. EIA Act, Art. 8. The competent authority also hold a public hearing upon completion of the draft Phase II EIA report. EIA Act, Art. 12
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
Article 23 of the EIA Enforcement Regulations describes how comments must be handled.
Criteria to Hold Public Meeting: 
Public meeting and/or hearing is automatically required
Days for Public to Review Draft EIA: 
30
Public Comments on Draft EIA: 
Yes
Public Comments on Draft EIA Detail: 
Community members shall submit their opinions in writing to the Developer within fifteen days after the public explanation meeting. EIA Act, Art. 9.
Public Comments on Final EIA: 
Yes
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
The Developer shall compile item-by-item explanations and circumstances concerning the acceptance or reasons for not accepting the opinions of local residents. Enforcement Rules Art. 23.
Facilitation of Public Participation: 
Yes
Facilitation of Public Participation Detail: 
The industry competent authority shall invite together experts, scholars, and local residents to conduct an onsite inspection within 30 days of the draft EIA report. EIA Act, Art. 12. Local residents may delegate to a representative, in writing, the right to act on their behalf in accordance with the EIA Act. EIA Act, Art. 30
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
"When the developer violates this Act or related orders determined pursuant to the authorization of this Act and the competent authority is negligent in enforcement, victims or public interest groups may notify the competent authority in writing of the details of the negligent enforcement." EIA Act, Art. 23
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
"For those competent authorities that have still failed to carry out enforcement in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with an administrative court based on the negligent behavior of the competent authority in the execution of its duties in order to seek a ruling ordering the competent authority to execute its duties." EIA Act, Art. 23. There is a fee-shifting provision: "When issuing a verdict on the lawsuit in the foregoing paragraph, the administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the prevention and mitigation of the adverse impact of the development activity on the environment."
Project Monitoring: 
Yes
Project Monitoring Detail: 
"During the implementation of the development activity and when using the development after completion of the development activity, the implementation of the environmental impact statement, environmental impact assessment report and review conclusion shall be tracked by the industry competent authority and supervised by the competent authority; when necessary, the developer may be ordered to regularly submit environmental impact survey reports." EIA Act, Art. 18. See also EIA Enforcement Regulations, Arts. 39, 40 (describing "matters to be tracked" by the industry competent authority and content of environmental impact survey report)
Enforceability of EIA Detail: 
If the developer violates the Act or "related orders," citizens may seek administrative and judicial review. EIA Act, Art. 23. Developers are required to strictly comply with
Enforceability of Permit: 
Yes
Enforceability of Permit Detail: 
Citizens may enforce if the competent authority is negligent in its duties to enforce. EIA Act, Art. 23
   Updated 16 Jun, 2016