Newsletter
RECYCLING LAW DRAFTED
The Executive Yuan recently approved the draft Resource Recycling Law, prepared by the En-vironmental Protection Administration (EPA). Under the proposed law, the EPA will set up a "resource recycling promotion committee" to be responsible for considering all matters related to the collection and recycling of recyclable re-sources.
Under the draft law, when industrial zones are planned and developed, the regulatory authori-ties may require the developers to set aside land to be used for resource collection and recycling, in accordance with the needs for recycling in the region concerned. The draft also provides that the competent authorities may set up special re-source recycling zones in accordance with re-gional needs for recycling enterprises. If estab-lishing a special zone requires changes to be made to urban plans, the competent authority may draw up a feasibility study and consult with the relevant urban planning authority to effect such changes; if it requires changing the desig-nated use of non-urban land, the competent au-thority should apply for rezoning under the Re-gional Planning Law and the Guidelines on Non-Urban Land Use Controls.
After rezoning has been completed in accor-dance with the relevant legislation, in the case of publicly owned land the procedures may then be embarked on for the land to be allocated or leased to the entity that will set up the recycling zone. This process is not subject to the restric-tions of Article 25 of the Land Law (which pro-vides that public land managed by a provincial, municipal or county government may not be sold, encumbered, or leased for a period exceeding 10 years without the consent of the local elected assembly and the approval of the Executive Yuan).
To reduce the use of natural resources, promote recycling of materials, and attain the goal of sustainable use of resources, under the proposed legislation enterprises must collect recyclable resources, label products to identify the materials used, limit or ban the use of designated items, and adopt management measures to avoid over-packaging of products.
The draft law also provides that recycled re-sources, and products made from recycled re-sources, must conform to national standards; that where necessary, the importation of recycled resources may be restricted or banned; that des-ignated enterprises are required to report on their production, storage, reuse and recycling of re-cyclable resources; and that government agen-cies should give priority to purchasing environ-mental greenmark products, recycled resources or products made from recycled resources, and should pursue the development of resource re-cycling technology.