The Legal Research on the Wetland Offset and Wetland Compensatory Mitigation Measures

• Main Authors: Han-Yan Jhuang, 莊函諺
• Other Authors: 蘇義淵
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/07516020300926756079

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 102 === Taiwan passed its Wetland Conservation Act in 2013. It is a great improvement on conserving and wisely using wetland resources in Taiwan. This new Act adopted the mechanisms of wise use, avoiding, compensation mitigation and offset to prevent, minimize and mitigate the adverse impacts causing by developing of the wetland resources. Taiwan is an island country and rugged mountain occupied long strip from North to South, which limits the space and development of wetlands. Therefore, the utilization of wetland resources shall be careful and follow the wise use concept properly to avoid, minimize and compensate the mitigation of wetlands. Under the pressure of rapid economic development, the first mission of the legislators is taking the measures of wetland compensatory mitigation to replace the lost aquatic resource function and acreage. Although Taiwan is not member of the Ramsar Convention, it is one of the most imperative spots for the migrate species. His determination and efforts to protect the wetland ecosystem could not be ignored. In the new Wetland Conservation Act, the legislators adopted the wetland mitigation sequence from the U.S Clean Water Act but failed to formulate the implementation on compensatory mitigation comprehensively. Once we admitted the wetland compensatory mitigation measures could contribute to the protection of wetland ecosystem. The recognition on the types and size of wetlands in Taiwan are totally different from the U.S. is important. Therefore, this article introduces the dilemma and provides applicable suggestions on suitable and feasible rules on wetland compensatory mitigation, inter alia, mitigation banking into the future modification on Wetland Act. How to mitigate the adverse impacts is worth to encourage in our own wetland management policy. This article will also provide effective and feasible recommendations to our government for conserving and sustainable developing the precious wetland resources in Taiwan.