Air Pollution Control Act Page: 12
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Competent authorities at all levels may dispatch personnel bearing identification documents to inspect
or appraise the air pollutant emissions, air pollution collection facilities, control facilities and monitoring
facilities of public and private premises or transportation vehicles, or the quality of fuel that is produced,
stored or used by public and private premises or transportation vehicles, and order the provision of relevant
information.
Orders to provide information pursuant to the regulations in the foregoing paragraph shall be conducted
in conjunction with military authorities when military secrets are involved.
The inspections, appraisals and orders in the two foregoing paragraphs may not be evaded, obstructed
or refused.
Public and private premises shall possess equipment for the facilitation of the implementation of the
inspections and appraisals in Paragraph 1; the central competent authority shall officially announce the
specifications for these facilities.
Article 44
Analysis and testing organizations may perform analysis and testing work pursuant to this Act only
after obtaining an approved permit from the central competent authority.
The central competent authority shall determine management regulations for the required conditions
and facilities; the qualifications of analysis personnel; the application, review, issuance, replacement,
revocation, cancellation, suspension of business, resumption of business, checking and evaluation
procedures for permits; and other binding matters for the analysis laboratories in the foregoing paragraph.
The central competent authority shall determine all analysis methods in this Act.
Article 45
Each industry competent authority shall provide guidance for the improvement of all types of pollution
sources.
Chapter 4 Penal Provisions
Article 46
Those that violate Article 32, Paragraph 1 by failure to adopt emergency response measures promptly
or that fail to comply with orders issued by the competent authority pursuant to Article 32, Paragraph 2, and
thereby cause human death, shall be punished by life imprisonment or a minimum of seven years
imprisonment and may be fined a maximum of NT$5 million; those that cause severe injury shall be
punished by three to ten years imprisonment and may be fined a maximum of NT$3 million; those that
cause harm to human health such that it leads to illness shall be punished by a maximum of five years
imprisonment and may be fined a maximum ofNT$2 million.
Article 47
Those that have reporting obligations pursuant to this Act that knowingly report false information or
keep false records of their operations shall be punished by a maximum of three years imprisonment,
detention and/or a fine of NT$200,000 to NT$1 million.
Article 48
Those that lack air pollution control equipment and burn substances prone to cause particular harm tohealth shall be punished by a maximum of three years imprisonment, detention and/or a fine of NT$200,000
to NT$1 million.
The central competent authority shall officially announce the substances prone to cause particular
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China (Republic : 1949- ). Huan jing bao hu shu. Air Pollution Control Act, text, May 30, 2006; Taipei, Republic of China. (https://digital.library.unt.edu/ark:/67531/metadc13687/m1/12/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .