Staff reporter, with staff writer
The legislature yesterday passed an amendment to the Marine Pollution Control Act (海洋污染防治法), including higher penalties for polluters and a special corporate tax that would help establish an ocean pollution prevention fund.
Under the amendment, people who release waste into the ocean or an adjoining natural reserve, geopark, national park, wildlife conservation area or significant wildlife habitat would face up to five years in prison, and possibly a combined fine of up to NT$100 million (US$3.25 million), up from the current maximum prison term of three years, commutable to a fine of NT$300,000 to NT$1.5 million.
Photo courtesy of a reader
Under the amendment, fines for engaging in unauthorized acts that potentially pollute the ocean, including discarding waste, transporting hazardous materials and constructing or operating unlicensed maritime facilities, would be up to NT$100 million, up from NT$300,000 to NT$50 million in the current version of the act.
Companies that are authorized to conduct such activities, including CPC Corp, Taiwan (台灣中油), Formosa Plastics Group (台塑集團) and the nation’s only harbor dredging operator, would pay a special tax, contributing to the “ocean pollution prevention and control fund,” the amendment says.
The fund would be used for pollution control technology research, and to pay for maritime pollution incident response and environmental damage compensation in cases for which the regular budget cannot be used, it says.
Under the amendment, maritime facilities must have a decommissioning plan, including an implementation schedule. Facilities that are not decommissioned as planned would be regarded as illegal maritime waste and removed, and their operator would be ordered to pay for the decommissioning.
Port authorities must regularly test water and sediment for toxicity, and prevent, remove or mitigate pollution at sites under their purview, the amendment says.
Under the amendment, ship inspection protocols would additionally focus on emergency plans for pollution incidents and vessels’ waste disposal logs.
Ships operated by foreign entities under foreign flags that are found to have contravened the act would be barred from leaving the harbor, and their owners and key crew members would be barred from leaving Taiwan until matters are resolved, the amendment says.
However, the curbs might be lifted for operators that promise to fulfill their obligations and post a deposit, it says.
Operators that fail to post a deposit would be fined NT$600,000 to NT$30 million, it says.
The amendment also includes a whistle-blower protocol to protect the identity of people who report ocean pollution incidents and provide rewards if their information help uncover significant incidents.
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