| Legislative： |
1.Promulgated and effective on July 26,1971
2.Amendment of Article 27 promulgated and effective on May 6, 1977
3.Amendments of the Act promulgated on May 14,1997 and to be effective on May 14, 1998 by Presidential Decree No. Hua-Tsong-Yi-Yi-Tsu 8600112810 |
| Content： |
Chapter I – General Provisions
Article 1
This Act is enacted according to Article 29 of the Atomic Energy Act. This Act
shall apply to the compensation for nuclear damage resulting from the peaceful
uses of atomic energy. Where this Act does not provide, the provisions of other
laws shall apply.
Article 2
The term “nuclear fuel” as used in this Act means material which is capable
of producing energy by a self-sustaining chain process of nuclear fission.
Article 3
The term “radioactive products or waste” as used in this Act means radioactive
material produced, or material made radioactive by exposure to the radiation, in
the production or utilization of nuclear fuel; however, it does not include
radioisotopes and the wastes thereof generated in the final process of fabrication
and manufactured for scientific, medical science, agricultural, commercial or
industrial use.
Article 4
The term “nuclear reactor” as used in this Act means the apparatus loaded with
properly arranged nuclear fuel which may cause the controllable self-sustaining
chain reaction of nuclear fission.
Article 5
The term “nuclear material” as used in this Act means
1. Nuclear fuel other than natural uranium and depleted uranium, capable of
producing energy by a self-sustaining chain process of nuclear fission outside
a nuclear reactor, either alone or in combination with some other material;
2. Radioactive products or waste.
Article 6
The term “nuclear installation” as used in this Act means
1. Nuclear reactor, but not including any nuclear reactor used in air and sea
transportation conveyances for producing power for propulsion or other purposes;
2. Any installation producing nuclear material, including installation for
re-process of spent nuclear fuel; and
3. Any installation exclusively for the treatment, storage or disposal of nuclear
material.
Several nuclear installations belonging to one operator and located at the same
site shall be considered as a single nuclear installation.
Article 7
The term “operator” as used in this Act, in relation to a nuclear installation,
means anyone designated or approved by the government as responsible for the
operation of that installation.
Article 8
The term “nuclear damage” as used in this Act means loss of life, personal
injury or loss of property which arises out of or results from the radioactive
or radiation compounded toxic, explosive or other hazardous properties of nuclear
fuel or radioactive products or waste in, or of nuclear material coming from or
sent to, a nuclear installation.
Article 9
The term “nuclear accident” as used in this Act means any single occurrence or
series of occurrences happened simultaneously or successively having the same
origin which causes nuclear damage.
Article 10
Other laws shall be applied where the quantity of the nuclear fuel, radioactive
product or waste is within a certain limit; the limit of the quantity shall be
announced by the Atomic Energy Council of the Executive Yuan.
Chapter II – Liabilities for Damage Compensation
Article 11
When a nuclear accident occurs, the operator thereof shall be liable for the
nuclear damages resulting therefrom.
Article 12
In case a nuclear accident is caused by nuclear material of a nuclear installation,
the original operator shall be liable for damage compensation resulting therefrom
under any one of the following conditions:
1. The liability for compensation has not been assumed by another nuclear
installation operator under written agreement.
2. In the absence of such written agreement, before another nuclear installation
operator has taken over or possessed the nuclear material.
3. Where the nuclear material is intended to be used in a nuclear reactor with
which a transportation conveyance is equipped for use of producing power for
propulsion or for other purposes, before the person duly authorized to operate
such reactor has taken charge of the nuclear material.
Article 13
Where a nuclear accident happened on the way the nuclear material is transported
outbound this country, the nuclear installation operator transporting the said
material shall be liable for compensation of the nuclear damage occurred within
the territory of the Republic of China. Where a nuclear accident happened on the
way the nuclear material is transported inbound this country, the nuclear
installation operator receiving the said material shall be liable for compensation
of the nuclear damage occurred within the territory of the Republic of China.
Article 14
The nuclear installation operator providing temporary storage of nuclear material
shall not be liable for the nuclear damage involving the said nuclear material in
temporary storage incidental to transport in case that another nuclear installation
operator shall be liable for the nuclear damage according to the preceding two Articles.
Article 15
In case several operators are liable for the nuclear damage according to this Act,
these operators shall be jointly and severally liable for the compensation thereof.
Article 16
In case the nuclear accident occurs during the transportation of nuclear material
in one and the same transportation conveyance, or the nuclear material is temporarily
stored in one and the same nuclear installation during transportation, the several
operators shall be liable for compensation of the nuclear damage resulting therefrom.
Article 17
Where several nuclear installation of one and the same operator are involved
in one nuclear accident, such operator shall be liable for compensation in respect
of each nuclear installation involved.
Article 18
The operator of a nuclear installation shall, in accordance with this Act,
be liable for nuclear damages arising from the occurrence or expansion of a nuclear
accident regardless of whether it is caused intentionally or through negligence,
except when the nuclear accident is caused directly by international armed conflicts,
hostilities, domestic rebellion, or grave natural calamity.
Article 19
In case the nuclear installation operator can prove that the occurrence or expansion
of the nuclear damage was caused by the victim’s intentional act or negligence,
the court may reduce or dispense with the compensation.
Article 20
All damages caused by a nuclear accident alone or in combination with other incidents
in which the other damages can not be completely distinguished from the nuclear damage
are to be deemed as nuclear damage caused by the nuclear accident.
Article 21
Other laws shall be applied where the nuclear installation operator is liable for
compensation of nuclear damages to the following subparagraphs:
1 .The nuclear installation itself or any property on the site of that installation
which is used or to be used in connection with that installation.
2. Transportation conveyance used for transporting nuclear material which caused a
nuclear accident.
Article 22
The nuclear installation operator who follows the stipulated compensation of this
Act has the right of recourse against any person other than another nuclear
installation operator only under one of the following conditions:
1. Having specific stipulations in written agreement;
2. The nuclear damage is caused by intentional acts of individuals, and the
recourse can be asserted against the individuals with that intent.
Article 23
Any person other than the nuclear installation operator shall not be liable for
nuclear damages except as provided in the preceding Article.
Chapter III Maximum Amount and Guarantee for Liabilities
Article 24
The liability of a nuclear installation operator for nuclear damages arising
out of each single nuclear accident shall be limited to
Four Billion Two Hundred Million New Taiwan Dollars. The preceding maximum
amount does not include interest and costs of litigation.
Article 25
A nuclear installation operator shall maintain liability insurance or financial
guarantee sufficient to cover the maximum amount of nuclear damage compensation
liability and may operate the nuclear installation or transport
nuclear material only upon the approval from the Atomic Energy Council of
the Executive Yuan.
The preceding stipulation is not applicable to the nuclear installations of
the Central Government, provincial or municipal government and their research
organizations. In respect of operation of a nuclear installation or transportation
of nuclear material, applications may be submitted to the Atomic Energy Council
of the Executive Yuan for reduction of the amount of liability insurance or
financial guarantee within a certain limit; the said limit shall be stipulated
by the Atomic Energy Council of the Executive Yuan.
Article 26
The insurer of liability insurance or the guarantor of the financial guarantee
prescribed in the preceding Article shall not cease or terminate the said
liability insurance or financial guarantee during the term of the insurance or
guarantee unless the Atomic Energy Council of the Executive Yuan is notified
in writing two months in advance and has given approval therefor.
Liability insurance or financial guarantee for transportation of nuclear material
shall not be ceased or terminated during the course of transportation.
Article 27
Should the amount received from the liability insurance or financial guarantee
not suffice to cover the finalized nuclear damage compensation liability, the
nation shall loan the balance to the nuclear installation operator to cover
its complete liability; but only to the maximum amount prescribed in Article 24.
The nuclear installation operator shall indemnify the nation for the loan under
the preceding paragraph.
Chapter IV – Right to Claim for Damage Compensation
Article 28
Claims of compensation for nuclear damage shall be extinguished if an action
is not brought within three (3) years after knowledge of the damage and of
the nuclear installation operator liable for the damage; however the period
shall in no case exceed ten (10) years from the date of the nuclear accident.
Article 29
Where the nuclear material causing a nuclear accident is stolen, lost, jettisoned
or abandoned, the statute of limitations of the right to claim compensation shall
be governed by the preceding Article. However, when making a claim for compensation
against the original nuclear installation operator of the said nuclear material, the
claim shall be made within twenty (20) years from the time the nuclear material is
stolen, lost, jettisoned or abandoned.
Article 30
Any person who claims to have suffered nuclear damage and who has brought an action
for compensation within the period applicable pursuant to the two preceding
Articles may amend his/her claims to take into account any aggravation of the
damage even if the statute of limitations has expired, provided that it is made
before the closing of the oral argument in the first appeal.
Article 31
Any person suffering nuclear damage may claim directly for compensation against
the liability insurer or financial guarantor of the operator if the operator
is not able to compensate the nuclear damage.
Chapter V – Supplemental Provisions
Article 32
After the occurrence of a nuclear accident, the Atomic Energy Council of
the Executive Yuan may establish a committee on Nuclear Accident Investigation
and Evaluation to perform the duties and exercise the rights as follows:
1. Determination of a nuclear accident and investigation of the causes thereof.
2. Investigation and evaluation of the nuclear damage.
3. Recommendation on compensation, relief and rehabilitation measures for the
nuclear accident.
4. Recommendation on improvements of safety protections of nuclear installation.
Reports of the aforementioned investigation, evaluation, and recommendation shall
be prepared for announcement by public notice. The rules governing the establishment
of the Committee on Nuclear Accident Investigation and Evaluation shall be stipulated
by the Atomic Energy Council of the Executive Yuan.
Article 33
Where the amount of nuclear damage exceeds or may exceed the limit of the nuclear
installation operator’s liability, the priority of compensation shall be given to
loss of life and personal injury, and ten percent(10%) of the total amount for
compensation shall be reserved for later discovered nuclear damage.
Where the victims of a nuclear accident seek compensation by way of a judicial
proceeding, the court may, in accordance with the degrees of damages and the number
of victims, take into account the investigation reports and compensation recommendations
prepared by the committee on Nuclear Accident Investigation and Evaluation to
make appropriate distributions.
Article 34
After the occurrence of a serious nuclear accident, the nation shall take necessary
relief and rehabilitation measures.
Article 35
Where the victim is a foreign national, this Act shall be applied on a reciprocal basis.
Article 36
Enforcement rules of this Act shall be stipulated by the Atomic Energy Council of the Executive Yuan.
Article 37
This Act shall be put into force from the date of promulgation.
The amended Articles of this Act shall be put into force one year after promulgation. |