Regulation Governing Permission to Undertake the Marine Scientific Research in the Exclusive Economic Zone or on the Continental Shelf of the Republic of China
2019-07-08
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Article 1
This regulation is adopted in accordance with paragraph 3 of article 9 of the Law on the Exclusive Economic Zone and the Continental Shelf of the Republic of China (hereinafter referred to as “the Law”).
Article 2
The competent authority of this regulation is the Ocean Affairs Council.
Article 3
Those intending to undertake marine scientific research in the exclusive economic zone or on the continental shelf of Republic of China shall fill out an application form and enclose the proposal to apply for permission in accordance with the following rules:
1. Natural persons, private juristic persons, or private organizations or institutions of the Taiwan Area intending to undertake marine scientific research independently shall apply for permission from the competent authority not less than four months prior to the expected starting date of the marine scientific research project.
2. Universities/colleges or academic institutions of the Mainland Area intending to conduct marine scientific research, in cooperation with universities/colleges, or academic institutions of Taiwan Area, shall apply for permission from the competent authority through the cooperating universities/colleges or academic institutions of the Taiwan Area not less than six months prior to the expected starting date of the marine scientific research project.
3. Researchers of foreign universities/colleges, academic institutions or international organizations intending to undertake marine scientific research, independently or in cooperation with researchers of universities/colleges or academic institutions in the Taiwan Area, shall apply for permission from the competent authority, through the Republic of China’s embassies or consular missions, representative offices, or offices, not less than six months prior to the expected starting date of the marine scientific research project. In case the foreigners’ national State has embassies or consular missions, representative offices, offices, or other institutions authorized by the government of the said State in the Republic of China, applications may be submitted through such institutions.
Application beyond the deadline and without legitimate reasons will be turned down.
The contents and format of the application form and proposal referred to paragraph 1 shall be prescribed by the competent authority.
1. Natural persons, private juristic persons, or private organizations or institutions of the Taiwan Area intending to undertake marine scientific research independently shall apply for permission from the competent authority not less than four months prior to the expected starting date of the marine scientific research project.
2. Universities/colleges or academic institutions of the Mainland Area intending to conduct marine scientific research, in cooperation with universities/colleges, or academic institutions of Taiwan Area, shall apply for permission from the competent authority through the cooperating universities/colleges or academic institutions of the Taiwan Area not less than six months prior to the expected starting date of the marine scientific research project.
3. Researchers of foreign universities/colleges, academic institutions or international organizations intending to undertake marine scientific research, independently or in cooperation with researchers of universities/colleges or academic institutions in the Taiwan Area, shall apply for permission from the competent authority, through the Republic of China’s embassies or consular missions, representative offices, or offices, not less than six months prior to the expected starting date of the marine scientific research project. In case the foreigners’ national State has embassies or consular missions, representative offices, offices, or other institutions authorized by the government of the said State in the Republic of China, applications may be submitted through such institutions.
Application beyond the deadline and without legitimate reasons will be turned down.
The contents and format of the application form and proposal referred to paragraph 1 shall be prescribed by the competent authority.
Article 4
After receiving an application submitted in accordance with paragraph 1 of the preceding article, the competent authority shall examine whether the proposed project complies with paragraph 2 of article 9 in the Law and other related acts or regulations, and make a decision within four months after the date of receipt of such application, except for the ones needing correction. It shall notify the applicant of the decision in writing, and send copies of the notification to the relevant agencies. For application, which need to be modified or provide additional information, the authority shall inform the applicant to resubmit within 42 days, which do not include the review period.
Application without resubmitting by regulated time period in the preceding paragraph will be dismissed.
In reviewing the applications submitted in accordance with paragraph 1 of the previous Article, with the exception of those submitted in accordance with subparagraph 1, the competent authority shall establish review committees composed of relevant agencies and experts. Applications submitted in accordance with subparagraph 1 may be reviewed on paper.
Application without resubmitting by regulated time period in the preceding paragraph will be dismissed.
In reviewing the applications submitted in accordance with paragraph 1 of the previous Article, with the exception of those submitted in accordance with subparagraph 1, the competent authority shall establish review committees composed of relevant agencies and experts. Applications submitted in accordance with subparagraph 1 may be reviewed on paper.
Article 5
The necessary condition referred in paragraph 1 of article 9 in the Law includes the following situations：
1. The research activities are not being conducted in accordance with the proposal.
2. The research activities are in violation of a provision prescribed in paragraph 2 of article 9.
3. Other situations decided by the competent authority.
1. The research activities are not being conducted in accordance with the proposal.
2. The research activities are in violation of a provision prescribed in paragraph 2 of article 9.
3. Other situations decided by the competent authority.
Article 6
This regulation shall enter into force on the date of promulgation.