::: FAQs


Assessment of environmental impact

Q: What kind of development project (incorporation of factory, residence, quarry, land, elderly center, the aged welfare organization, plaza, hotel, industrial and business complex area, waste disposition yard (factory)….) shall be subject to the assessment of environmental impact?

A: Please visit the website of Environmental Protection Administration, Executive Yuan to check the “Criteria Governing Identification of Items and Scope of Environmental Impact Assessment Performed on Development Projects”. Where the development project you desire to search for is not included in the said Criteria, or the development project fails to fall in the scope of environmental impact assessment to be performed (e.g. whether it is located in a national park or the area occupied amounts to _____ hectare, it is not necessary to perform the environmental impact assessment pursuant to laws.

Q: What is the difference between “Statement for Environmental Impact” and “Report for Environmental Impact Assessment”? What is 1st-phase environmental impact assessment and 2nd-phase environmental impact assessment?

A: “Statement for Environmental Impact” shall be submitted in the process of 1st-phase environmental impact assessment, while “Report for Environmental Impact Assessment” (initial draft) shall be submitted in the process of 2nd-phase Environmental Impact Assessment, which is a document produced by the developer after the unit amends the report (initial draft) according to the examination result of the competent authority.

When a certain “development project” is held subject to the environmental impact assessment, the applicant shall submit the statement for environmental impact to the industry competent authority when applying for the permit, and the industry competent authority shall transfer the statement to the competent authority for examination (i.e. 1st-phase examination). The competent authority shall announce its examination result within 50 days upon receipt of the application, and inform the industry competent authority and developer. Where the examination result shows that a significant impact is likely to be brought to the environment, it is necessary to continue carrying out the 2nd-phase environmental impact assessment pursuant to the relevant requirements.

Q: How to draft the “Statement for Environmental Impact” and “Report for Environmental Impact Assessment”? Does the applicant only need to fill an application form?

A: “Statement for Environmental Impact” and “Report for Environmental Impact Assessment” (including initial draft) shall be drafted in accordance with the “Guidelines Governing Environmental Impact Assessment Operation of Development Project” promulgated by Environmental Protection Administration, Executive Yuan. The authors of environmental impact assessment documents shall include the person conducting comprehensive assessment and authors of the various influence items, whose qualification shall be subject to Article 9 of the “Environmental Impact Assessment Act Enforcement Rules”.

Q: What is the difference between “Statement for Environmental Impact” and “Report for Environmental Impact Assessment”? What is 1st-phase environmental impact assessment and 2nd-phase environmental impact assessment?

A: “Statement for Environmental Impact” shall be submitted in the process of 1st-phase environmental impact assessment, while “Report for Environmental Impact Assessment” (initial draft) shall be submitted in the process of 2nd-phase environmental impact assessment, which is a document produced by the developer after the unit amends the report (initial draft) according to the examination result of the competent authority.

When a certain “development project” is held subject to the environmental impact assessment, the applicant shall submit the statement for environmental impact to the industry competent authority when applying for the permit, and the industry competent authority shall transfer the statement to the competent authority for examination (i.e. 1st-phase examination). The competent authority shall announce its examination result within 50 days upon receipt of the statement, and inform the industry competent authority and developer. Where the examination result shows that a significant impact is likely to be brought to the environment, it is necessary to continue carrying out the 2nd-phase environmental impact assessment pursuant to the relevant requirements.

Q: How to apply for examination of “environmental impact assessment”? Whether it should be filed with the Environmental Protection Bureau directly?

A: According to the “Environmental Impact Assessment Act”, environmental impact assessment documents (including environmental impact statement and assessment report) shall be submitted to the industry competent authority, which shall then transfer the environmental impact statement to the competent authority for review. The “competent authority” shall vary subject to the level of the industry competent authority in charge of the development. For example, the industry competent authority for an industrial zone shall be the Industrial Development Bureau of MOEA, and the competent authority shall be Environmental Protection Administration, Executive Yuan. The industry competent authority for incorporation of factory shall be construction bureaus of county (city) governments, and the competent authority shall be the environmental protection bureaus of county (city) governments.