Abstract
In July of 2013, Taiwan passed its Wetland Conservation Act and will begin the implementation of the Act on 2 February 2015. With this Act, Taiwan has become the second Asian country to have specific legislation on wetland conservation and protection. This new law enables the society to achieve sustainable utilization on wetland ecological services. The core concepts of the Wetland Conversation Act include biological diversity conservation and wise use of wetland resources. Special political circumstances prevent Taiwan from registering its wetlands as a conservation priority under the Ramsar Convention. This new law allows the government to evaluate and assign a specific area as a “Wetland of Importance.” Under this status, any development activities within the designated area shall be prohibited unless the developer prepares a usage plan for review. The usage plan and the original usage of the natural resources within the wetland area shall also follow the “wise use” principle to protect the wetland and biological service system. However, this new law does not provide clear separation between the two different “wise use” standards. If the development is deemed necessary, new law provides compensation mitigation measures to extend the surface of the wetland and provides additional habitats for various species. Wetland conservation and management rely heavily on systematic research and fundamental data regarding Taiwan’s wetlands. Determining how to adopt these scientific methodologies and transfer them into enforceable mechanisms is a sizeable challenge for both biologists and lawyers as the Wetland Conservation Act creates many legal norms without clarifying definitions. This article will review the current wetland regulations from the legal perspective and provide suggestions for enforcement in the future.
Highlights
The Legislative Yuan of the Republic of China passed its WetlandConservation Act contains 42 articles [1] and was decreed by Presidential Order No Hua-Zong-Yi-Yi 10200127201 on 3 July 2013 [2]
[10] It is obvious that Taiwan’s Wetland Act neither adopts the “nature properties of the ecosystem” definition made in the 1987 Recommendation nor the “ecological character” definitions made in the 1997 Ramsar Resolutions
In comparing this with the conservation principle described in Article 5, determining how to evaluate the need of public interest and conservation of a Wetland of Importance became a challenge on the government
Summary
The Legislative Yuan of the Republic of China (known as Congress of Taiwan) passed its Wetland. During six years of discussion and debating, some environmental groups and citizens implored the government to create a legislative proposal to protect wetlands on the island from further rapid, economic developments. They insisted the definition of wetland cover various types of wetlands, but not be limited to coastal area wetlands. The wetland legislation in Taiwan is a great achievement of sustainable utilization on Taiwan’s wetland ecological services; especially because it was contributed from a button up proposal from citizens This Wetland Act provide an effective measure for the country to protect its wetland resources and prove the influences to an non-Ramsar Contracting Patty from the international treaties. They enhance the global wetland protection through promoting domestic legislation and enforcements
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