Chapter 1 General Principles
Article 1 The planning, construction, management, operation and security of commercial port are governed by this Law. The provisions of other relevant laws are applicable in the absence of the provision of this Law.
Article 2 Terms used in this Law are defined as follows:
1.“Commercial port” means a port where merchant ships enter and depart from.
2.“International commercial port” means a port where the ROC-flagged ships and foreign-flagged ships are allowed to enter and depart from.
3.“Domestic commercial port” means a port where only the ROC-flagged ships are allowed to enter and depart from. Non-ROC flagged ships are not allowed to enter and depart from unless obtaining special permission from the ROC government or for the purpose of taking shelter.
4.“Commercial port area” means, within the commercial port limit, the water area and the land area which are delimited for the need of the construction, development and operation of the port.
5. “Commercial port administration area” means the water area and the land area beyond a port area, and the nearby coast and the water area of its ancillary port, delimited by the commercial port authority in order to deal with relevant matters provided by this Law.
6. “Commercial port facilities” means all the facilities within a port area either on land, waters or under waters, which facilitate the entrance, docking, and departure of ships, loading and unloading of cargoes, warehousing, barging and passengers’ services, and all other relevant facilities.
7. “Specialized zones” means the areas, which have been delimited, within the commercial port area, for the use of fishery, manufacturing industries, ship-scrapping, and other particular uses.
8. “Buoys, beacons” means the navigational aids installed at port entrance, or inside or outside the fairway channel. Those floating on waters are called buoys and fixed ones are called beacons.
9. “Berth” means a water area of wharf, buoy berth or other mooring facilities for berthing ships, loading and unloading cargoes and passengers.
10. “Anchorage” means a water area where ships are allowed to anchor.
11.“Nuclear ship” means a ship with nuclear power equipment.
Article 3 International commercial ports are administrated by the Ministry of Transportation and Communications (the MOTC). Domestic commercial ports are administrated by the respective provincial (or municipal) government, and supervised by the MOTC.
Article 4 For the appointment of an international commercial port, the MOTC shall report to the Executive Yuan for approval and promulgation. The MOTC shall consult with the Ministry of Interior Affairs (the MOIA) and appropriate authorities to delimit a commercial port area and the administration area before reporting to the Executive Yuan for approval. The procedure is the same for an ancillary port.
For the appointment of a domestic commercial port, the respective provincial (or municipal) government shall report to the MOTC for approval and relay to the Executive Yuan for promulgation. The provincial (or municipal) government shall report to the MOTC in order to consult with the MOIA and appropriate authorities to delimit the commercial port area and the commercial administration area, before granting approval.
Article 5 The commercial port authority is entitled to establish a port police force, in accordance with laws in order to maintain public order at the port area, safety of passengers and cargoes, and to assist its personnel in undertaking their duties
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