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英譯法規內容

法規名稱(Title) Nuclear Materials and Radioactive Waste Management Act Ch
公發布日(Date) 2002.12.25
法規沿革(Legislative) 1.中華民國九十一年十二月二十五日總統華總一義字第 09100248760 號
令制定公布全文 51 條;並自公布日施行
法規內文(Content) Nuclear Materials and Radioactive Waste Management Act
Promulgated by Presidential Decree on 25th December, 2002
Chapter I
General Principles
Article 1
This Act is enacted to administer radioactive material, prevent radioactive hazard and
secure public safety; matters not provided for herein shall be applied to other relevant
laws/statutes and(/or)** decrees.
Article 2
The competent authorities referred to in this Act shall be Atomic Energy Council,
Executive Yuan.
Article 3
The “radioactive material”** referred to in this Act means nuclear source material,
nuclear fuel and(/or) radioactive waste.
Article 4
In this Act, the terminology used herein shall be defined as follows:
1. “Nuclear source material” means ores of uranium (and/)or thorium, etc., and(/or)
any other materials designated by the competent authorities.
2. “Nuclear fuel” means the material that shall generate energy through
self-sustained chain reaction of fission of nucleus, and(/or) any other materials
designated by the competent authorities.
3. “Radioactive waste” means the discarded material that is radioactive or is
contaminated by radioactive substance, including the spent nuclear fuel ready for
final disposal.
4. “Nuclear safeguard” means the relevant administrative measures prescribed to
execute the international prevention of proliferation of nuclear weapon.
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5. “Final disposal” means the permanent isolation treatment of radioactive waste.
6. “Decommission” means after the permanent cease of operation (and/)or utilization
of production (and/)or storage facilities of nuclear source material (and/)or nuclear
fuel, and(/or) of treatment (and/)or storage facilities of radioactive waste, the
various measures that are implemented to enable that facilities and(/or) the land
resource to be re-developed and(/or) utilized again.
7. “Closure” means facilities of final disposal receive no further radioactive waste
and complete necessary measures of de-contamination, overburden and shutdown,
etc.
8. “Institutional control” means after the closure of facilities of final disposal, the
necessary measures to be executed for maintenance, administration,
environmental radiation monitoring and(/or) prevention of external intrusion, et al.
9. “Operator” means an entity who or which has been designated or approved by the
government (agencies) to operate production (and/)or storage facilities of nuclear
source material (and/)or nuclear fuel, and(/or) of treatment, storage or final
disposal facilities of radioactive waste; or has been approved by the government
(agencies) to hold or utilize the radioactive material.
Article 5
If any of the registered items under the license issued according to this Act has been
changed, the licensee shall apply for the registration of amendment within the time
limit prescribed by the competent authorities.
Article 6
Unless permitted by the competent authorities, the following facilities and(/or) the
land where facilities are located, the license and(/or) the rights vested in the license,
which are (is) administered in accordance with this Act, shall not be assigned, leased,
lent, pledged or mortgaged:
1. Production (and/)or storage facilities of nuclear source material (and/)or nuclear
fuel(; and/or)
2. Treatment, storage (and/)or final, disposal facilities of radioactive waste.
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Article 7
The competent authorities, being accompanied by the inspector(s), under the
supervision thereof, dispatched by the foreign or international atomic energy
organizations, may execute various inspections and(/or) monitorings according to the
relevant nuclear safeguard treaties or agreements executed by and between this
country and foreign countries (and/)or international atomic energy organizations, and
may ask the operator to submit designated materials; wherein, the inspection fees for
nuclear safeguard to be paid to the international atomic energy organizations shall be
borne by the operator of facilities.
The regulations for the nuclear safeguard operation referred to in the preceding
Paragraph shall be prescribed by the competent authorities.
Chapter II
Administration of Nuclear Source Material and Nuclear Fuel
Article 8
For the construction of production (and/)or storage facilities of nuclear source
material (and/)or nuclear fuel, an application for construction license shall be filed
with the competent authorities, and the construction shall not commence until the
application has been reviewed and approved (by the competent authorities) to satisfy
the following prescription and the competent authorities have issued a construction
license therefor:
1. The purpose of construction is consistent with that of peaceful use of atomic
energy(; and)
2. The equipment and the facilities are sufficient to secure the public health and
safety(; and)
3. The impact to the environmental ecology complies with the prescription of
relevant laws/statutes and decrees(; and)
4. The technology, the management ability and the financial basis, etc., of the
applicant are competent to operate the facilities.
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For the construction of production facilities referred to in the preceding Paragraph,
the materials to prove the capability of managing, stowing and finally disposing of
the radioactive waste to be generated due to the operation thereof shall be submitted
(to the competent authorities).
The competent authorities shall publicize and display the application referred to in
the preceding Paragraph within thirty (30) days of the receipt of it; the time period for
publication and display is sixty (60) days. During the time period for publication
and display, individuals, government agencies or organizations may submit to the
competent authorities reference opinions in written document stating the name or
appellation and the address; and a hearing (or hearings) shall be held by the
competent authorities subsequently.
The regulations for the qualification, documents required, review and approval
procedures and other matters to be complied with for an application for construction
license for constructing the production (and/)or storage facilities of nuclear source
material (and/)or nuclear fuel shall be prescribed by the competent authorities.
Article 9
Even after the completion of construction of production (and/)or storage facilities of
nuclear source material (and/)or nuclear fuel, the facilities shall not be formally
operated, until the competent authorities have inspected the construction engineering
and qualified the pre-operation thereof, and have issued an operation license therefor.
Before the issuance of the operation license for production (and/)or storage facilities
of nuclear source material (and/)or nuclear fuel, the competent authorities shall verify
that an approval from the domestic or foreign final disposal facilities for storage of
radioactive waste, or a contract for handling the same on an agency basis has been
obtained.
The valid period of the license referred to in Paragraph 1 of this Article is forty (40)
years at longest, and when there is need to continue operation after the license is
expired, an application shall be filed two (2) years prior to expiration thereof with the
competent authorities for renewing the license thereof. The operation thereof shall
not be continued without the renewal of license as per the prescription.
Paragraph 1 of the preceding Article is applicable, mutatis mutandis, to the issuance
and(/or) the renewal of an operation license; Paragraph 2 (of the preceding Article) is
also applicable, mutatis mutandis, to the renewal of an operation license.
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Article 10
The operator of production (and/)or storage facilities of nuclear source material
(and/)or nuclear fuel shall follow the prescription of the competent authorities to
submit the following reports and(/or) records regularly, and the competent authorities
may dispatch the inspector(s) to inspect the facilities at anytime:
1. Reports related to operation, radiation protection, environmental radiation
monitoring, irregularity (and/)or emergency event, and(/or) any other reports
designated by the competent authorities(; and/or)
2. Production, inventory, (and/or) sales record(s) of nuclear source material (and/)or
nuclear fuel(; and/or)
3. Records on generation, treatment, storage and(/or) final disposal of radioactive
waste.
Article 11
The production facilities of nuclear source material (and/)or nuclear fuel shall be
operated by qualified operating personnel.
The qualification of operating personnel referred to in the preceding Paragraph shall
be prescribed by the competent authorities.
Article 12
During the construction (and/)or operation period of production (and/)or storage
facilities of nuclear source material (and/)or nuclear fuel, neither of the design
amendment nor the equipment change, if involved in the following significant safety
items, shall be made without an approval from the competent authorities:
1. Modification of operational technical specification(; and/or)
2. Newly added safety issue not covered in the safety analysis report(; and/or)
3. Change of safety-related equipment that has to amend the safety analysis report
and that may lower the original design standard after assessment(; and/or)
4. Any other items designated by the competent authorities.
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Article 13
During the construction (and/)or operation period of production (and/)or storage
facilities of nuclear source material (and/)or nuclear fuel, the competent authorities
may dispatch the inspector(s) to inspect the facilities at anytime, and may ask the
operator to submit relevant materials; and if there is anything not conform to the
prescription or if the public health, safety or environmental ecology may be hazarded,
the competent authorities shall order the operator to improve the situation or take any
other necessary measures within a limited time period. If the operator does not
improve it in the limited time period or the situation is serious, the competent
authorities may order the operator to cease construction or operation thereof or may
revoke the license.
When making the (administrative) decision according to the preceding Paragraph, the
competent authorities shall notify the operator by a document detailing the reason.
When the situation is urgent, the (administrative) decision may be made verbally at
first and the (administrative) decision in writing shall be served supplementally upon
the operator within seven (7) days.
For the inspection referred to in Paragraph 1, the competent authorities may entrust
relevant government agencies (institutes), schools or organizations to perform; the
regulation for entrusting in this context shall be prescribed further by the competent
authorities.
Article 14
For the permanent cease of operation of production (and/)or storage facilities of
nuclear source material (and/)or nuclear fuel, the operator shall prepare a
decommission plan and shall implement it after the same has been reported to and
approved by the competent authorities; and during the implementation period, the
competent authorities may dispatch the inspector(s) to inspect the same at anytime;
and after the completion of decommission, the operator shall report it to the
competent authorities for inspection.
Where the facilities referred to in the preceding Paragraph have ceased operating for
more than one (1) year consecutively but the operator does not report it to the
competent authorities for approval, it shall be deemed as the permanent cease of
operation; and the decommission procedure shall follow the prescription of the
preceding Paragraph.
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The decommission referred to in Paragraph 1 shall be completed within fifteen (15)
years of the permanent cease of operation.
Article 15
Unless approved by the competent authorities, the nuclear source material (and/)or
nuclear fuel shall not be held, utilized, imported, exported, transited, transhipped en
route, carried, stowed, discarded, assigned, leased, lent or pledged.
For each of the operations referred to in the preceding Paragraph, a comprehensive
material and accounting record shall be made and kept properly and submitted
regularly to the competent authorities for recordation and reference.
During the operation process referred to in Paragraph 1, the competent authorities
may dispatch the inspector(s) to inspect at anytime and ask the operator to submit
relevant materials; and if the public health, safety or environmental ecology may be
hazarded, the competent authorities may suspend or restrict the operation wholly or
partly, or order the operator to take necessary measures.
When making the (administrative) decision according to the preceding Paragraph, the
competent authorities shall notify the operator by a document detailing the reason.
When the situation is urgent, the (administrative) decision may be made verbally at
first and the (administrative) decision in writing shall be served supplementally upon
the operator within seven (7) days.
The safety administrative rules for the operation of nuclear source material (and/)or
nuclear fuel shall be prescribed by the competent authorities.
Article 16
The prescription under this Chapter shall not be applicable to nuclear source material
(and/)or nuclear fuel which is below a specified weight or activity, or its production
(and/)or storage facilities.
The limit value of the specified weight or activity referred to in the preceding
Paragraph shall be prescribed by the competent authorities.
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Chapter III
Administration of Radioactive Waste
Article 17
For the construction of treatment, storage (and/)or final disposal facilities of
radioactive waste, an application for construction license shall be filed with the
competent authorities, and the construction shall not commence until the application
has been reviewed and approved (by the competent authorities) to satisfy the
following prescription and the competent authorities have issued a construction
license therefor:
1. The construction is consistent with the prescription of the relevant international
conventions(; and)
2. The equipment and the facilities are sufficient to secure the public health and
safety(; and)
3. The impact to the environmental ecology complies with the prescription of
relevant laws/statutes and decrees(; and)
4. The technology, the management ability and the financial basis, etc., of the
applicant are competent to operate the facilities.
The competent authorities shall publicize and display the application referred to in
the preceding Paragraph within thirty (30) days of the receipt of it; and the time
period for publication and display as to treatment and(/or) storage facilities is sixty
(60) days; while the time period for publication and display as to the final disposal
facilities is one hundred and twenty (120) days. During the time period for
publication and display, individuals, government agencies or organizations may
submit to the competent authorities reference opinions in written document stating
the name or appellation and the address; and a hearing (hearings) shall be held by the
competent authorities subsequently.
The regulations for the qualification, documents required, review and approval
procedures and other matters to be complied with for an application for construction
license for constructing treatment, storage (and/)or final disposal facilities of
radioactive waste shall be prescribed by the competent authorities.
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Article 18
Even after the completion of the construction of treatment, storage (and/)or final
disposal facilities of radioactive waste, the facilities shall not be formally operated,
until the competent authorities have approved and issued an operation license thereof.
The valid period of the license referred to in the preceding Paragraph 1 shall be
prescribed by the competent authorities; and when there is need to continue operation
after the license is expired, an application shall be filed two (2) years prior to
expiration thereof with the competent authorities for renewing the license thereof.
The operation thereof shall not be continued without the renewal of license as per the
prescription.
Paragraph 1 of the preceding Article is applicable, mutatis mutandis, to the issuance
and(/or) the renewal of an operation license.
Article 19
During the construction (and/)or operation period of treatment, storage (and/)or final
disposal facilities of radioactive waste, neither of the design amendment nor
equipment change, if involved in the significant safety items, shall be made without
an application therefor submitted to and approved by the competent authorities.
Article 12 is applicable, mutatis mutandis, to the significant safety items referred to in
the preceding Paragraph.
Article 20
The operator of treatment, storage (and/)or final disposal facilities of radioactive
waste shall submit regularly to the competent authorities the reports related to
operation, radiation protection, environmental radiation monitoring, irregularity
(and/)or emergency event, and(/or) any other reports designated by the competent
authorities; and the competent authorities shall publicize the relevant reports.
Article 21
The safety administrative rules for the treatment, storage (and/)or final disposal of
radioactive material and the operation, design of and safety requirements for the
facilities, and(/or) other matters to be complied with shall be prescribed by the
competent authorities.
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Article 22
Article 13 is applicable, mutatis mutandis, to the administration and(/or) the relevant
punishment as to the construction (and/)or operation period of treatment, storage
(and/)or final disposal facilities of radioactive waste.
Article 23
For the permanent cease of operation of treatment, storage (and/)or final disposal
facilities of radioactive waste, the operator shall prepare a decommission plan and
shall implement it after the same has been reported to and approved by the competent
authorities.
For the closure of the final disposal facilities of radioactive waste, the operator shall
prepare the closure plan and the institutional control plan and shall implement the
same after they have been reported to and approved by the competent authorities.
During the implementation period of the plan(s) referred to the in preceding two (2)
Paragraphs, the competent authorities may dispatch the inspector(s) to inspect the
same at anytime; after the completion of the plan(s), the operator shall report it to the
competent authorities for inspection.
Where the facilities referred to in Paragraph 1 has ceased operating for more than one
(1) year consecutively but the operator does not report it to the competent authorities
for approval, it shall be deemed as the permanent cease of operation; and the
decommission procedure shall follow the prescription of Paragraph 1.
The decommission referred to in Paragraph 1 shall be completed within fifteen (15)
years of the permanent cease of operation.
Article 24
For the re-utilization or the exemption from institutional control of the land where
final disposal facilities of radioactive waste are located, the operator shall submit to
the competent authorities the materials as to environment assessment and the
radiation safety assessment report approved by the competent authorities of
environment protection and shall implement the same after approval.
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Article 25
Unless approved by the competent authorities, the radioactive waste shall not be
imported, exported, transited, transhipped en route, carried, discarded, or assigned;
and the regulations for documents required, review and approval procedures and
other matter to be complies with for an application in this regard shall be prescribed
further by the competent authorities..
Article 15 is applicable, mutatis mutandis, to the administration and the relevant
publishment as to the operation procedures referred to in the preceding Paragraph.
Article 26
The application for the construction (and/)or the operation of treatment (and/)or
storage facilities of radioactive waste within the premises of nuclear reactor facilities,
covered by the safety analysis report, may be made in combination with the
application for the construction license and the operation license of the nuclear
reactor facilities.
After being reported to and approved by the competent authorities, the decommission
of treatment (and/)or storage facilities of radioactive waste referred to in the
preceding Paragraph may be implemented in combination with the decommission of
the nuclear reactor facilities
Article 27
Treatment facilities of radioactive waste shall be operated by qualified operating
personnel. The qualification of the operating personnel shall be prescribed by the
competent authorities.
Article 28
The producer of radioactive waste shall bear the necessary expenses for treatment,
carriage, storage and(/or) final disposal of waste and(/or) the decommission of
facilities.
Article 29
The treatment, carriage, storage and(/or) final disposal of radioactive waste shall be
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done by the producer of radioactive waste itself solely or be entrusted to the
entrepreneur’ who or which is of technical capability of finally disposing of the
domestic or foreign radioactive waste, or holds the facilities thereof; and the producer
shall be responsible for minimizing the generation amount and the cubic measure of
radioactive waste. The plan of final disposal shall be actually proceeded in
accordance with the planned schedule.
The fee scale of the entrepreneur’ entrusted to implement treatment, carriage, storage
and(/or) final disposal referred to in the preceding Paragraph shall be reported and
determined (approved) by the competent authorities.
Article 30
The final disposal facilities of radioactive waste shall receive the radioactive waste
generated by the whole country; and before the implementation of this Act, the
necessary expenses for the final disposal of the radioactive waste entrusted to treat or
stow referred to in Paragraph 1 of the preceding Article shall be supported by the
budget drawn up by the government.
Article 31
The prescription of this Chapter is not applicable to the radioactive waste tantamount
to a specified activity or a lower activity, and(/or) the waste generated by naturally
occurring radioactive material.
The limit value of the specified activity (and/)or the lower activity referred to in the
preceding Paragraph and its administrative regulations for the waste generated by
naturally occurring radioactive material shall be prescribed by the competent
authorities.
Chapter IV
Penal Provisions
Article 32
One who commits any of the following acts (or omission) shall be punished with
imprisonment for not more than three (3) years, or detention; or in lieu thereof or in
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addition thereto, a fine of not more than New Taiwan Dollars Three Million
(NT$ 3,000,000):
1. Operating the facilities in violation of Paragraph 1 or Paragraph 3 of Article 9, or
Paragraph 1 or Paragraph 2 of Article 18.
2. Violating Paragraph 1 of Article 13 or Article 22, to which Paragraph 1 of Article
13 is applicable, mutatis mudandis, not to obey the order of the competent
authorities to prohibit him (her) from construction or operation.
One who disposes of radioactive waste shall be published with imprisonment for not
more than five (5) years, or detention; or in lieu thereof or in addition thereto, a fine
of not more than New Taiwan Dollars Six Million (NT$6,000,000).
One who commits negligently the offence specified in the preceding Paragraph shall
be punished with imprisonment for not more than one (1) year, or detention; or in lieu
thereof or in addition thereto, a fine of not more than New Taiwan Dollars Two
Million (NT$ 2,000,000.00).
Article 33
One who violates Paragraph 1 of Article 8 or Paragraph 1 of Article 17 to construct
the facilities arbitrarily shall be punished with an (administrative) fine of more than
New Taiwan Dollars Five Million (NT$5,000,000) but not more than New Taiwan
Dollars Twenty-Five Million (NT$25,000,000) and shall be ordered to prohibit from
construction and to supplement formalities; and when it is necessary, the person may
be ordered to dismantle the facilities within a limited time.
If an order to prohibit from construction has been issued in accordance with the
preceding Paragraph but the construction is resumed arbitrarily or the facilities have
not been dismantled within the prescribed time limit, one shall be punished with an
(administrative) fine of more than New Taiwan Dollars Ten Million (NT$10,000,000)
but not more than New Taiwan Dollars Fifty Million (NT$50,000,000), and shall be
compulsorily executed to dismantle the facilities.
If after the facilities have been compulsorily dismantled according to the preceding
Paragraph, the construction is resumed arbitrarily and an order to prohibit therefrom
is not obeyed, one shall be punished with imprisonment for not more than one (1)
year, or detention; and in addition thereto, a fine of not more than New Taiwan
Dollars Ten Million (NT$10,000,000) may be imposed.
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Article 34
One who does not submit the decommission plan, the closure plan, or the institutional
control plan according to Paragraph 1 of Article14, or Paragraph 1 or Paragraph 2 of
Article 23 respectively, shall be punished with an (administrative) fine of more than
New Taiwan Dollars Two Million (NT$2,000,000) but not more than New Taiwan
Dollars Ten Million (NT$10,000,000), and shall be ordered to submit the plan(s) in a
limited time.
One who violates Paragraph 1 of Article 14, or Paragraph 1 or Paragraph 2 of Article
23 not to implement the decommission plan, the closure plan, or the institutional
control plan approved by the competent authorities shall be punished with an
(administrative) fine of more than New Taiwan Dollars Five Million (NT$5,000,000)
but not more than New Taiwan Dollars Twenty-Five Million (NT$25,000,000).
One who fails to submit the decommission plan, the closure plan, or the institutional
control plan within the limited time period ordered in accordance with Paragraph 1 of
this Article shall be punished with imprisonment for not more than one (1) year, or
detention; and in addition thereto, a fine of not more than New Taiwan Dollars Ten
Million (NT$10,000,000) may be imposed.
Article 35
Where the responsible person for a juristic person (entity), the agent, the employee or
any other practitioners of a juristic person (entity) or natural person, who commits in
the performance of his(/her) duties any of the offences prescribed in the preceding
three (3) Articles, not only shall the wrongdoer be punished in accordance with the
respective Articles but the aforesaid juristic person (entity) or natural person shall be
fined as in each of those Articles.
Article 36
One who violates Article 24 to re-utilize the land arbitrarily or cease the institutional
control shall be punished with an (administrative) fine of more than New Taiwan
Dollars Twenty Million (NT$20,000,000) but not more than New Taiwan Dollars One
Hundred Million (NT$100,000,000) and shall be ordered to improve the situation in a
limited time; and if it is not improved within the prescribed time limit, the
punishment may be continually imposed for each violation.
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Article 37
One who fails to complete the decommission within the time limit prescribed in
accordance with Paragraph 3 of Article 14 or Paragraph 5 of Article 23, or fails to
implement the final disposal plan in accordance with the planned schedule referred to
in Paragraph 1 of Article 29 shall be punished with an (administrative) fine of more
than New Taiwan Dollars Ten Million (NT$10,000,000) but not more than NT Fifty
Million (NT$50,000,000), and the punishment may be respectively imposed annually.
Article 38
One who commits any of the following acts (or omission) shall be punished with an
(administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000)
but not more than New Taiwan Dollars Ten Million (NT$10,000,000) and shall be
ordered to improve the situation within a limited time; and if it is not improved within
the prescribed time limit, the competent authorities may prohibit the person from
construction (and/)or operation wholly or partly, or may revoke the license:
1. Violating Article 12 or Paragraph 1 of Article 19.
2. Violating Article 10 or Article 20, not to make timely relevant records, reports
(and/)or submit them regularly, or to make a false entry therein.
Article 39
One who evades, obstructs, or refuses the inspection, monitoring or submission of
records or materials specified in Paragraph 1 of Article 7, Paragraph 1 of Article 13,
Paragraph 2 or Paragraph 3 of Article 15, Article 22, to which Paragraph 1 of Article
13 is applicable, mutatis mutandis, or Paragraph 2 of Article 25, to which Paragraph 2
(and/)or Paragraph 3 of Article 15 is applicable, mutatis mutandis, shall be punished
with an (administrative) fine of more than New Taiwan Dollars Two Million
(NT$2,000,000) but not more than New Taiwan Dollars Ten Million
(NT$10,000,000), and may be continually punished for each violation and be subject
to compulsory inspection.
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Article 40
One who violates Article 6, Paragraph 1 of Article 11, Paragraph 1 of Article 15,
Paragraph 1 of Article 25, or Paragraph 1 of Article 27 shall be punished with an
(administrative) fine of more than New Taiwan Dollars Two Million (NT$2,000,000)
but not more than New Taiwan Dollars Ten Million (NT$10,000,000).
Article 41
One who violates Article 5 not to apply to amend the registration in the prescribed
time limit when any of the registered items under the license has been changed shall
be punished with an (administrative) fine of more than New Taiwan Dollars One
Million (NT$1,000,000) but not more than New Taiwan Dollars Five Million
(NT$5,000,000).
Article 42
One who violates the safety administrative rules prescribed pursuant to Paragraph 5
of Article 15 or Article 21 shall be punished with an (administrative) fine of more
than New Taiwan Dollars Five Hundred Thousand (NT$500,000) but not more than
New Taiwan Dollars Two Million and Five Hundred Thousand (NT$2,500,000), and
shall be ordered to improve the situation within a limited time; and if it is not
improved within the prescribed time limit, the punishment may be continually
imposed for each violation and the person may be ordered to prohibit from operation.
Article 43
One who fails to pay the administrative fine(s) under this Act within the prescribed
time limit after being served a notice demanding payment shall be referred to the
Court for compulsory execution.
Article 44
If a license is revoked according to Paragraph 1 of Article 13 or Article 22, to which
Paragraph 1 of Article 13 is applicable, mutatis mutandis, the same kind of license
shall not be applied by and(/or) granted to the same one within one (1) year
commencing from the date of its revocation.
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Article 45
For the cases punished with administrative fine(s), the related nuclear source material,
nuclear fuel, (and/)or radioactive waste may be administratively confiscated.
If the confiscated or administratively confiscated material due to the violation of this
Act is handled or institutionally controlled by the competent authorities, the
necessary expenses shall be borne by the punished person or the owner of material.
One who fails to pay the expenses referred to in the preceding Paragraph within the
prescribed time limit after being served a notice demanding payment shall be referred
to the Court for compulsory execution.
Chapter V
Supplemental Provisions
Article 46
The operator of nuclear power shall raise from the nuclear back end operation funds,
by way of setting aside at least two percent (2%) thereof, and transfer funds to carry
on the research and(/or) the development of operating technology of radioactive
materials and(/or) final disposal.
Those who made distinguished contributions to the research and(/or) the development
referred to in the preceding Paragraph may be encouraged; and the regulations
therefor shall be prescribed by the competent authorities.
Article 47
The competent authorities when implementing administration, accepting application
for approval and(/or) issuing license according to this Act, may charge inspection fee,
review fee, and(/or) license fee; and the fee scale shall be prescribed by the
competent authorities.
Article 48
Before the implementation of this Act, the production (and/)or storage facilities of
nuclear source material (and/)or nuclear fuel, (and/)or treatment (and/)or storage
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facilities of radioactive waste which have been permitted to install by the competent
authorities shall be deemed to have obtained an operation license; and it (they) may
continue to be operated until the originally approved valid date is expired.
Before the implementation of this Act, the operating personnel responsible for the
operation of production facilities of nuclear source material (and/)or nuclear fuel
and(/or) treatment facilities of radioactive waste may continue to operate the original
facilities, provided, however, that he (or she or they) shall obtain qualified
qualifications within two (2) years of the implementation of this Act.
Article 49
After the implementation of this Act, the competent authorities shall supervise and
urge upon the producer of radioactive waste to plan the preliminary construction of
the domestic final disposal facilities of radioactive waste, and ask the producer of
radioactive waste to resolve the issues as to the final disposal of radioactive waste.
After the implementation of this Act, for the newly built production (and/)or storage
facilities of nuclear source material (and/)or nuclear fuel which are for the purpose of
education, research, or medical cure, the final disposal facilities to be planned and
constructed in accordance with the preceding Paragraph shall substitute temporarily
for that prescribed under Paragraph 2 of Article 9.
After the implementation of this Act, for the entrepreneur’ handling, carrying or
stowing the radioactive waste arising from the industry other than education, research,
medical cure, agriculture or nuclear power, the final disposal facilities to be planned
and constructed in accordance with the preceding Paragraph shall substitute
temporarily for that prescribed under Paragraph 2 of Article 9.
Article 50
Enforcement rules for this Act shall be prescribed by the competent authorities.
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Article 51
This Act shall become effective as of the date of promulgation.