Article 1 The present Regulations of Permission for Delineation of Course for
Laying, Maintaining, or Modifying Submarine Cables or Pipelines on the Continental
Shelf of the Republic of China (hereinafter referred to as "the Regulations") are
formulated in accordance with Paragraph 1, Article 15 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 as referred to in the Regulations is the Ministry
of the Interior.
Article 3 The terms used in the Regulations are defined as follows:
1. "cable" means cable lines and affiliated devices used for communication,
electricity, or other transmitting purposes.
2. "pipeline" means pipe-shaped transporting devices used for transporting water, gas,
petroleum, or other materials.
Article 4 Before applying for permission of course delineation for laying
submarine cables or pipelines on the continental shelf of the Republic of China,
owner (s) of cables or pipelines (hereinafter referred to as "Owner") shall file
application in writing for course survey to the Competent Authority with the
following information:
1. The name, nationality, domicile, residence or main business office, telephone and
fax numbers of Owner and his agent. Should Owner be a juristic person, application
shall include the name, telephone and fax numbers of its representative.
2. The name, nationality, main business office, representative, contact person,
telephone and fax numbers of survey unit.
3. Geographical area where survey will cover, to be described in a chart.
4. Duration, content, method, and equipment to be used, of survey work.
The Competent Authority shall review application within 30 days after filing of said
application; if said application does not fulfill requirements of the Regulations and
needs improvement, the said application shall be withheld in a specified duration of
time for Owner to revise his application in order to fulfill requirements; failure to
complete needed revision within said specified duration of time will result in the
rejection of the said application.
Article 5 After the Competent Authority approves Owner's application for course
survey, Owner shall submit, 15 days prior to the performance of said course survey
operation, the name, nationality, tonnage, type, class, communication method, main
equipment and functions of operation vessel, as well as personnel data of crew and
other working staff, together with enclosed photographs of the vessel, to the
Competent Authority for filing. Whenever there is a change of the above-mentioned
information, same procedure applies for filing.
Information on the above-mentioned operation vessel, crew and other working staff
may be attached to Owner's application for course survey in accordance with the
preceding article if such information can be ascertained at that time.
Article 6 After completing course survey, Owner shall draft a course plan and
apply, together with the following information, to the Competent Authority for
permission of course delineation.
1. Usage, materials to be used, and other characteristics of submarine cables or
pipelines.
2. Course map for the planned laying of submarine cables or pipelines, starting and
ending points, and total length.
3. Designated builder for laying operation, and its duration, operation plan,
technology and equipment.
4. Impact assessment report on marine ecology and fisheries, as well as mitigation
policy, for the laying of submarine cables or pipelines.
5. Written agreement from operator of a mining area if any planned cable or pipeline
is to pass through that ocean mining area.
6. Written consent from competent authorities of environmental protection agencies if
the Law of Environmental Impact Assessment requires environment impact
assessment report.
7. Written consent from competent authorities of fisheries if certain fishing rights
need to be modified, withdrew, or suspended in accordance with the Law on
Fisheries.
8. Written consent from competent authorities of relevant target business
administrations if application for laying of submarine cables or pipelines requires
consent from said target business administrations in accordance with other relevant
laws.
Article 7 For the purpose of maintaining submarine cables and pipelines, Owner
shall file application with the following information for permission of course
delineation:
1. The name, nationality, domicile, residence or main business office, telephone and
fax numbers of Owner or his agent. If Owner is a juristic person, application shall
include the name, telephone and fax numbers of its representative.
2. The name, nationality, main business office, representative, contact person,
telephone and fax numbers of maintenance unit.
3. Operation area where maintenance work will cover, to be described in a chart.
4. Duration, content, method, and equipment to be used, of maintenance work.
5. The name, nationality, tonnage, type, class, communication method, main
equipment and functions of maintenance operation vessel, and personnel data of crew
and other working staff, together with enclosed photographs of the vessel.
In the case of emergency for maintenance work due to damage of any cables or
pipelines, Owner shall explain the situation to the Competent Authority and may
proceed with the maintenance work upon consent of the Competent Authority,
without being subject to the rules of the paragraph above. After repairing the
damaged cables or pipelines, Owner shall submit relevant transcripts of evidence to
the Competent Authority for filing.
Article 8 Articles 4 through 6 apply to applications for modifications of submarine
cables or pipelines.
Article 9 After filing of application for delineation of course as referred to in the
preceding three articles, the Competent Authority shall review said application within
sixty days; if said application does not fulfill requirements of the Regulations and
needs improvement, the said application shall be withheld in a specified duration of
time for Owner to revise his application in order to fulfill requirements; failure to
complete needed revision within said specified duration of time will result in the
rejection of the said application. Permission shall be granted after reviewing
application and concluding that application has fulfilled requirements of the
Regulations and is consistent with paragraph 2, article 15 of the Law.
Article 10 If Owner is a foreign national, his application for course survey or
delineation shall be filed, through embassies, consulates, representative offices, or
any offices of the Republic of China, or through any other authorized agencies
abroad of the Ministry of Foreign Affairs, to the Competent Authority. If Owner has a
branch office or an agent in the Republic of China, its branch office or agent may,
after obtaining written authorization from Owner, file application on behalf of Owner
to the Competent Authority directly.
Article 11 For the purpose of reviewing application to course survey or
delineation, the Competent Authority may invite representatives of governmental
departments concerned, scholars and experts to form a review panel.
Article 12 After completing work of laying or modifying submarine cables or
pipelines, Owner shall submit, within three months, three copies of course map on
said submarine cables or pipelines and other relevant information to the Competent
Authority for filing.
Article 13 The Regulations apply to application for permission of course survey or
delineation that its course has to pass through the territorial sea, or areas within
baselines of the territorial sea, of the Republic of China for laying, maintaining or
modifying said submarine cables or pipelines on the continental shelf of the Republic
of China.
Article 14 Formats of required application forms and photographs shall be
determined by the Competent Authority.
Article 15 The Regulations shall become effective on the date of promulgation.