第2條 本條例所稱之離島,係指與臺灣本島隔離屬我國管轄之島嶼。
Article 2 An isolated island referred to in this Act means an island that is isolated from the main island of Taiwan and is governed by the Republic of China.
第3條 本條例所稱重大建設投資計畫,係指經中央主管機關認定之重要產業投資或交由民間機構辦理公共建設之計畫。
Article 3 An important construction investment plan referred to in this Act means a plan of important industrial investment recognized by the central competent authority, or of public construction entrusted to be constructed by civil institutions.
第4條 本條例之主管機關:在中央為行政院;在直轄市為直轄市政府;在縣(市)為縣(市)政府。
Article 4 The competent authorities referred to in this Act are the Executive Yuan at the central government level, the municipal governments at the centrally administrated municipality level, and the county (city) governments at the county (city) level.
為審議、監督、協調及指導離島建設,中央主管機關得設置離島建設指導委員會,由行政院院長召集之。
To examine, supervise, coordinate and guide the construction of isolated islands, the central competent authority may establish a Directing Committee of Isolated Islands Construction, which shall be summoned by the Premier of the Executive Yuan.
前項指導委員會之主要職掌為審議離島綜合建設實施方案及協調有關離島重大建設計畫推動等事項;其設置要點,由行政院定之。
The major responsibility of the above-mentioned committee is to examine the implementation schemes of integrated construction of isolated islands, and coordinate the affairs related to promotion of important construction plans of isolated islands; the fundamentals for establishing the committee shall be prescribed by the Executive Yuan.
第5條 縣(市)主管機關應依據縣(市)綜合發展計畫,擬訂四年一期之離島綜合建設實施方案,其內容如下:
Article 5 County (city) competent authorities shall, according to the integrated development plan of each county (city), work out an implementation scheme of integrated construction of isolated islands every 4 years, and the scheme shall include the following contents:
一方案目標及實施範圍。
1.Objectives of the scheme and scope of implementation.
一五其他。
15.Other contents.
第6條 離島綜合建設實施方案應經離島建設指導委員會審議通過,報請行政院核定後實施。
Article 6 An implementation scheme of integrated construction of isolated islands shall be examined and approved by the Directing Committee of Isolated Islands Construction, and then reported to the Executive Yuan for approval prior to implementation.
前項實施方案,縣(市)主管機關每四年應通盤檢討一次,或配合縣(市)綜合發展計畫之修正,進行必要之修正;其修正程序,依前項程序辦理。
The county (city) competent authority shall thoroughly review the above-mentioned implementation scheme once every 4 years, or appropriately amend the scheme according to the amendment of the integrated development plan of the county (city), and the foresaid amendment of the scheme shall be performed in accordance with the preceding paragraph.
第7條 為鼓勵離島產業發展,經中央主管機關認定為重大建設投資計畫者,其土地使用變更審議程序,自申請人送件至土地使用分區或用地變更完成審查,以不超過一年為限。
Article 7 To encourage the development of industries in isolated islands, for an important construction investment plan recognized by the central competent authority, the examination and approval of alteration of land utilization shall be finished within 1 year commencing from submission of the application and terminating at completion of the examination for segmentation or alteration of land utilization.
前項重大建設投資計畫之認定標準,由離島建設指導委員會擬訂,報請行政院核定之。
The standards for recognizing the above-mentioned important construction investment plan shall be prepared by the Directing Committee of Isolated Islands Construction, and reported to the Executive Yuan for approval.
重大建設投資計畫其土地使用變更由縣(市)政府核定之,不受非都市土地使用管制規則暨相關法令之限制。
Alteration of land utilization for an important construction investment plan may be determined by the county (city) government, without being limited by the Control Rules on Utilization of Non-urban Lands or other related laws and decrees.
第8條 離島重大建設投資計畫所需用地,屬公有土地者,目的事業主管機關得辦理撥用後,訂定期限以出租、設定地上權、信託或以使用土地之權利金或租金出資方式,提供民間機構使用,不受土地法第二十五條、國有財產法第二十八條或地方政府公產管理法令之限制。
Article 8 Where the lands required for an important construction investment plan of isolated islands are public-owned, the regulating department of the objective undertaking may, after finishing allocation, set the term to provide the lands for a civil institution to use, by means of lease, setting surface rights, trust, or using the option money or rent of the lands as financial contribution, without being limited by Article 25 of the Land Act, Article 28 of the State-owned Properties Act, or the regulations of local governments on management of public properties.
離島重大建設投資計畫屬交由民間機構辦理公共建設者,其所需用地屬私有土地時,由目的事業主管機關或民間機構與土地所有權人協議以一般買賣價格價購,
Where an important construction investment plan of isolated islands entrusts a civil institution to perform public construction, and the lands required are private-owned, the regulating department of the objective undertaking shall negotiate with the landownership holders to purchase the lands at common transaction prices;
協議不成或無法協議時,目的事業主管機關得辦理徵收;於徵收計畫中載明以聯合開發、委託開發、合作經營、出租、設定地上權、信託或以使用土地之權利金或租金出資方式,提供民間機構開發、興建、營運,不受土地法第二十五條、國有財產法第二十八條或地方政府公產管理法令之限制。
in case the negotiation fails or can't be done, the regulating department of the objective undertaking may execute expropriation, and the expropriation plan shall explicitly prescribe that the lands are provided for a civil institution to carry out development, construction and operating, in a way of joint development, entrusted development, cooperative operating, lease, setting of surface rights, trust, or using the option money or rent of the lands as financial contribution, without being limited by Article 25 of the Land Act, Article 28 of the National Properties Act, or the regulations of local governments on management of public properties.
目的事業主管機關或縣(市)政府為因應民間機構投資離島重大建設取得所需土地,得選定適當地區,報請中央主管機關核准後逕行辦理區段徵收;
To meet the requirements of civil institutions on acquisition of the lands required for investment in important construction of isolated islands, the regulating department of objective undertaking or the county (city) government may select proper areas to directly execute sectional expropriation with the approval of the central competent authority.
區段徵收範圍確定後,經規劃為因應民間機構投資之土地得預為標售,不受平均地權條例第五十三條及第五十五條之二之限制。
After the range of sectional expropriation is determined, the lands allocated for investment of civil institutions may be sold in advance through tendering, without being limited by Article 53 or Article 55-2 of the Landownership Equalization Act.
第9條 本條例適用之地區,於實施戰地政務終止前,因徵收、價購或徵購後登記為公有之土地,土地管理機關已無使用或事實已廢棄使用者,原土地所有權人或其繼承人得於本條例公布之日起三年內向該管土地管理機關申請按收件日當年度公告土地現值計算之地價購回其土地。
Article 9 In the areas where this Act is applicable, for a piece of land registered as public-owned due to expropriation, purchase, or expropriation by purchase before termination of battleground administration, where the administrative department of lands has not used it any longer or has stopped usage in fact, the original landownership holder or his/her heir may within 3 years commencing from promulgation of this Act submit application to the governing administrative department of lands, to apply for buying back the land at the price calculated according to the current land value announced at the very year of receiving the application.
但徵收、價購或徵購之價額超出該計算所得之地價時,應照原徵收、價購或徵購之價額購回,土地管理機關接受申請審查合於規定者,應通知該申請人於三十日內繳價,逾期不繳價者,視為放棄。
However, in case the price of expropriation, purchase or expropriation by purchase exceeds the calculated land price, the applicant shall buy back the land at the original price of expropriation, purchase or expropriation by purchase.
Where the application passes the examination, the administrative department of lands shall notify the applicant to pay off the purchase price within 30 days; in case the price is not paid off within the time limit, it will be regarded as abandonment.
土地管理機關於接受申請後,應於三十日內答覆申請人,申請人得向土地所在地縣(市)政府申請調處。
After receipt of an application, the administrative department of lands shall reply to the applicant within 30 days, and the applicant may request the county (city) government at the location of the land to execute arbitration.
縣(市)政府為前項調處時,得準用土地法第五十九條規定處理。
For the above-mentioned arbitration performed by the county (city) government, Article 59 of the Land Act may apply.
澎湖地區之土地,凡未經政府法定程序徵收、價購或徵購者,應比照辦理。
For the lands in Penghu not expropriated, purchased or expropriated by purchase in legal procedure, the provisions of the above paragraphs shall apply similarly.
第9-1條 本條例適用之土地於金門馬祖東沙南沙地區安全及輔導條例第十四條之一適用期間申請發還土地者,因該土地為政府機關使用或已移轉於私人致無法發還土地,得自本條例修正施行之日起二年內,請求該公地管理機關或原處分機關以申請發還時之地價補償之,其補償地價準用土地徵收條例第三十條規定辦理。
Article 9- 1 Where someone applies for return of a piece of land to which this Act is applicable during the applicable period of Article 14-1 of the Safety and Assistance Act for Kinmen, Mazu, Dongsha and Nansha, but the land can't be returned because it is being used by the government or has been transferred to someone else, the applicant may, within 2 years commencing from the day of amending and enforcing this Act, request the administrative department of public-owned lands or the department executing the original disposal to offer compensation according to the land price at the time of applying for return; as for the land price compensated, Article 30 of the Land Expropriation Act shall apply.