Regulations Governing Application for an Operating Permit by an Enterprise that Obtains and Provides Hot Spring Water
2007-02-15
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Article 1
These Regulations are promulgated pursuant to the provisions of Article 17, Paragraph 3 of the Hot Spring Act (hereafter referred to as “the Act”).
Article 2
An enterprise that obtains and provides hot spring water (hereafter referred to as a “hot spring enterprise”), having obtained hot spring water rights and completed hot spring development, shall apply for an operating permit in accordance with the provisions of these Regulations before it may provide hot spring facilities for the use of other persons or an enterprise.
Article 3
An applicant to operate a hot spring enterprise in accordance with these Regulations shall fill in an operating permit application form (as per the appendix hereto) and submit it to the city or county (metropolitan) government with due jurisdiction together with the following documents:
(1) The hot spring enterprise company registration or documentary proof of business registration.
(2) Proof of land tenure rights.
(3) Hot spring water rights certificate.
(4) Hot spring development approval and documentary certification of completion of development.
(5) A business management plan.
(6) Other documents as stipulated by the city/county (metropolitan) government with due jurisdiction and relevant to hot spring business management.
Where the applicant is a government authority, it need not attach the document referred to in subparagraph 1 of the preceding paragraph.
If the applicant is only providing hot springs for self operation, it need not submit the documents specified in item 2 and item 5 of paragraph 1 when applying for an operating permit.
A hot spring enterprise that has obtained an operating license in accordance with the above stipulation shall reapply for an operating license according to stipulations in paragraph 1 before providing hot springs for the use of other persons.
(1) The hot spring enterprise company registration or documentary proof of business registration.
(2) Proof of land tenure rights.
(3) Hot spring water rights certificate.
(4) Hot spring development approval and documentary certification of completion of development.
(5) A business management plan.
(6) Other documents as stipulated by the city/county (metropolitan) government with due jurisdiction and relevant to hot spring business management.
Where the applicant is a government authority, it need not attach the document referred to in subparagraph 1 of the preceding paragraph.
If the applicant is only providing hot springs for self operation, it need not submit the documents specified in item 2 and item 5 of paragraph 1 when applying for an operating permit.
A hot spring enterprise that has obtained an operating license in accordance with the above stipulation shall reapply for an operating license according to stipulations in paragraph 1 before providing hot springs for the use of other persons.
Article 4
The business management plan referred to in paragraph 1, subparagraph 6 of the preceding article includes:
(1) The boundaries of the land to be used by the hot spring enterprise.
(3) A plan and layout drawing for the installation of the facilities and pipeline to obtain and provide the hot spring water.
(4) A management and maintenance plan for the facilities and pipeline to obtain and provide the hot spring water.
(5) A plan for the maintenance of the hot spring source and a plan for the treatment of the hot spring wastewater.
(6) The expected business benefit and schedule of charges.
(7) The financial plan of the hot spring enterprise.
(8) Other items as stipulated by the city/county (metropolitan) government with due jurisdiction and relevant to hot spring business management.
The installation of the facilities and pipeline to obtain and provide hot spring water as referred to in subparagraph 3 of the preceding paragraph shall comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
(1) The boundaries of the land to be used by the hot spring enterprise.
(3) A plan and layout drawing for the installation of the facilities and pipeline to obtain and provide the hot spring water.
(4) A management and maintenance plan for the facilities and pipeline to obtain and provide the hot spring water.
(5) A plan for the maintenance of the hot spring source and a plan for the treatment of the hot spring wastewater.
(6) The expected business benefit and schedule of charges.
(7) The financial plan of the hot spring enterprise.
(8) Other items as stipulated by the city/county (metropolitan) government with due jurisdiction and relevant to hot spring business management.
The installation of the facilities and pipeline to obtain and provide hot spring water as referred to in subparagraph 3 of the preceding paragraph shall comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
Article 5
Where the application form referred to in Article 3 is not fully completed or its content is deficient or the content of the business management plan is not consistent with the content of the application form, the city or county (municipal) government with due jurisdiction shall notify the applicant of a time limit within which to make the requisite correction; if no correction has been made or the correction has not been completed by the expiration of the time limit, the application shall not be processed.
Article 6
If one of the following situations applies to the hot spring enterprise business management plan, the city or county (municipal) government with due jurisdiction shall not grant approval:
(1) The content of the business management plan does not comply with the provisions of Article 4, Paragraph 1 herein, and is not corrected within the specified time limit.
(2) The facilities to obtain and provide hot spring water do not comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
(3) The enterprise’s pipeline installation does not comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
(4) There is a violation of a relevant law or concern as to serious detriment to the public interest.
Where a hot spring enterprise has had its operating permit revoked, the city or county (municipal) government with due jurisdiction shall not grant approval of any new application submitted by the same enterprise within two years of the date of the revocation.
(1) The content of the business management plan does not comply with the provisions of Article 4, Paragraph 1 herein, and is not corrected within the specified time limit.
(2) The facilities to obtain and provide hot spring water do not comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
(3) The enterprise’s pipeline installation does not comply with the provisions of land-use control laws and regulations and the related autonomous laws and regulations as prescribed by the city or county (municipal) government with due jurisdiction.
(4) There is a violation of a relevant law or concern as to serious detriment to the public interest.
Where a hot spring enterprise has had its operating permit revoked, the city or county (municipal) government with due jurisdiction shall not grant approval of any new application submitted by the same enterprise within two years of the date of the revocation.
Article 7
For the purpose of reviewing a business management plan, the city or county (municipal) government with due jurisdiction may call together representatives of the relevant authority in charge of the industry concerned, the local (rural township, urban township, city or district) public office, and the local hot spring industry, as well as scholars and experts, for consultation, and when necessary may send personnel to conduct an on-site inspection.
Article 8
The city or county (municipal) government with due jurisdiction shall within three months of the day on which it receives an operating permit application render its review decision, and shall notify the applicant as to the review decision.
Where the processing of the operating permit application cannot be completed within the period stated in the preceding paragraph, the limit of the original processing period may be extended. But such extension shall be limited to one time only.
Where the processing of the operating permit application cannot be completed within the period stated in the preceding paragraph, the limit of the original processing period may be extended. But such extension shall be limited to one time only.
Article 9
Where, after a hot spring enterprise obtains an operating permit, its actual operating situation does not conform with its business management plan, it shall apply to the city or county (municipal) government with due jurisdiction for alteration of the plan, clearly explaining the reason therefor and submitting the following documents:
(1) A table of comparison showing and explaining the items of change in the business management plan.
(2) The documents specified in Article 3 herein as required to support the changes in the business management plan.
The provisions of Articles 5 to 8 herein shall apply mutatis mutandis to matters concerning the procedure and refusal of approval for alteration of the business management plan.
(1) A table of comparison showing and explaining the items of change in the business management plan.
(2) The documents specified in Article 3 herein as required to support the changes in the business management plan.
The provisions of Articles 5 to 8 herein shall apply mutatis mutandis to matters concerning the procedure and refusal of approval for alteration of the business management plan.
Article 10
A hot spring business operating permit is valid for a period of five years, and as a matter of course becomes invalid at the expiration of that period. But where hot spring water rights or hot spring mining rights are extant for a shorter period, the period of validity shall be governed thereby.
Six months before the expiration of its operating permit, a hot spring enterprise may submit an application, in the form as prescribed in Article 3, Paragraph 1 hereof, to the city or county (municipal) government with due jurisdiction, to apply for an extension of the permit. An extension shall each time be limited to a period of five years.
Where one of the situations as specified in Article12 applies to the hot spring enterprise’s extension application, the city or county (municipal) government with due jurisdiction shall not grant such extension.
Six months before the expiration of its operating permit, a hot spring enterprise may submit an application, in the form as prescribed in Article 3, Paragraph 1 hereof, to the city or county (municipal) government with due jurisdiction, to apply for an extension of the permit. An extension shall each time be limited to a period of five years.
Where one of the situations as specified in Article12 applies to the hot spring enterprise’s extension application, the city or county (municipal) government with due jurisdiction shall not grant such extension.
Article 11
Where one of the following situations applies to a hot spring enterprise, the city or county (municipal) government with due jurisdiction shall revoke its operating permit:
(1) The application contains a false representation or the submission of a false document.
(2) The operating permit has been obtained by deception, intimidation, or other improper means.
(1) The application contains a false representation or the submission of a false document.
(2) The operating permit has been obtained by deception, intimidation, or other improper means.
Article 12
Where there is concern as to the operation of a hot spring enterprise being to the serious detriment of the public interest, or one of the following situations applies, the city or county (municipal) government with due jurisdiction shall terminate its operating permit.
(1) The hot spring obtained and provided does not conform to stipulations for hot spring standards, and has not been rectified within the time limit prescribed:
(2) The hot spring water rights or hot spring mining rights have been revoked or terminated.
(3) No action having been taken to change an item for which an application for change should be made, and following notification of a time limit for rectifying the situation, the time limit has expired without such rectification being made.
(4) A hot spring enterprise having obtained an operating license in accordance with stipulations in paragraph 3 of Article 3, has provided hot springs for the use of other persons without having re-obtained an operating license in accordance with paragraph 4 of Article 3 and, following notification by the competent authority of a time limit for rectifying the situation, has not made such rectification by the expiry of the time limit.
(1) The hot spring obtained and provided does not conform to stipulations for hot spring standards, and has not been rectified within the time limit prescribed:
(2) The hot spring water rights or hot spring mining rights have been revoked or terminated.
(3) No action having been taken to change an item for which an application for change should be made, and following notification of a time limit for rectifying the situation, the time limit has expired without such rectification being made.
(4) A hot spring enterprise having obtained an operating license in accordance with stipulations in paragraph 3 of Article 3, has provided hot springs for the use of other persons without having re-obtained an operating license in accordance with paragraph 4 of Article 3 and, following notification by the competent authority of a time limit for rectifying the situation, has not made such rectification by the expiry of the time limit.
Article 13
These Regulations shall take effect on the date of promulgation.