Enforcement Rules of International Airport Park Development Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0090069

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Article 1


These Rules are prescribed pursuant to Article 46 of the International Airport Park Development Act (hereafter referred to as the Act).


Article 2


The Conceptual Plan for Airport Park (hereafter referred to as COPAP) prescribed in Paragraph 1 of Article 5 of the Act shall include the following:
1) Scope of plan.
2) Function orientation and development strategy of the International Airport Park.
3) Analysis of current social and economic conditions and projected progress.
4) Analysis of current air traffic and traffic demand forecast.
5) Land area required for Airport Park development and land allocation.
6) Airport Zone and Free Trade Zone.
7) Ground transportation systems.
8) Public facilities.
9) Development approaches and business and financial plans and strategies.
10) Other items to be specified.
In addition to text and image descriptions, the COPAP described in the preceding paragraph shall be submitted with a planning chart at the scale of no less than one 25,000th. The work schedule shall be five years per stage and the target duration shall be at least 20 years.
The Airport Park Master Plan prescribed in Paragraph 2 of Article 5 of the Act shall include the following:
1) Land area required for Airport Park development.
2) Current development and projections.
3) Airport Zone: including airside and landside facility planning, land allocation in the airport zone, charts of obstacle limitation surface , noise impact range, transportation systems, development plan by stages and zones, development approaches, funding and project schedules, economic benefit analysis, financial plan, and other related contents.
4) Free Trade Zone: Land zoning in line with intended purposes, transportation systems, public facilities, development plan by stages and zones, development approaches, approaches of electronic data transmission, cargo tracking system, access control and controlled areas, funding and project schedules, business and financial plans, and other related contents.
5) Other items.


Article 3


The “key construction projects” described in Article 6 of the Act refer to the projects managed by the State-run International Airport Park Corporation Limited that call for capital investments of over NTD 1 billion in total.
The “significant changes” described in Article 6 of the Act refer to changes that have an impact on targeted scope of the project or increase the total budget of the project by more than NTD 500 million.


Article 4


The situation of “applicant having acquired the land needed” as prescribed in Subparagraph 1, Paragraph 2 of Article 8 of the Act refers to one of the following:
1) A special municipality or county (city) government is the managing agency or user of the land to be acquired.
2) A special municipality or county (city) government is a cooperating partner with a private organization in development of the land to be acquired.
The user described in Subparagraph 1 of the preceding paragraph shall obtain the written agreement of the landowner for the lot to be demarcated as Free Trade Zone.


Article 5


The proportion of the appropriated landing fees stipulated in Paragraph 2 of Article 14 of the Act shall be two fifteenths.


Article 6


When receiving feedback fund and noise control fees from the Airport Corporation in accordance with Article 14 of the Act, the government of special municipality or county (city) where the Airport Park is located shall abide by stipulated budgeting procedures to budget for cash feedback distribution and noise control work and acquire approval from the council of the special municipality or county (city) before implementation.


Article 7


Airport service fees collected by the Airport Corporation in accordance with Article 15 of the Act shall be allocated as follows:
1) 50 percent shall be appropriated as the Tourism Development Fund.
2) The Airport Corporation shall retain 50 percent and spend all of it on the Airport Zone and the related construction projects for Airport Zone.


Article 8


When applying for first registration of ownership of buildings and facilities constructed on public land in accordance with Article 20 of the Act, the Airport Corporation shall also file an application for registration of caution with the ruling agency of the said public land and submit a registration certificate transcript to the said agency within 15 days after completion of registration. The Airport Corporation shall be responsible for all the expenses required.


Article 9


The operational reports that the Airport Corporation is required to submit to the competent authority as prescribed in Article 30 of the Act shall include the following operational data:
1) Passenger traffic.
2) Cargo traffic.
3) Aircraft movement.
4) Total business revenue and operation costs.
5) Other data requested by the competent authority.
Statistics of the monthly operational data described in Subparagraph 1 to Subparagraph 4 of the preceding paragraph shall be completed and submitted to the competent authority in written format or on electronic file before the 15th of the following month to be put on record.


Article 10


The commercial facilities prescribed in Paragraph 1 of Article 31 of the Act include facilities which provide commercial services such as parking lots in the Airport Zone as well as the duty free shops, food and beverage places, stores, commercial advertisements, vending machines, flower shops, insurance company counters, telecommunications service, and other services.


Article 11


(Deleted)


Article 12


The Civil Aeronautics Administration of the Ministry of Transportation and Communications and the Airport Corporation shall reach agreement in writing with regard to the planning, construction, and operational management of the Airport Zone that are related to the operations and facilities of the air traffic service.


Article 13


These Rules shall enter into force as of the date of promulgation.