台湾における「湿地保全法」関連制度に関する研究

重要湿地の指定と重要湿地保全利用計画の枠組みと制度的特徴

抄録

 Wetland conservation has been promoted in Taiwan since 2000s, our analysis about the wetland conservation policy in Taiwan focus on the following 3 parts.
 1. The system of designation of “National important wetland” change into “important wetland”. They are divided into “international level”, “national level” and “local level”. The first designation of 75 national important weland, although didn’t has legality, it triggered the “national wetland revitalization plan” and attract civil organization or research institute or municipality to get involved in the wetland conservation. In the new system of designation of important wetland, Local meeting and public inspection is obliged in the new system for designation of important wetland. What's more, the new system allows the designation of “temporary important wetland”, which shows strong flexibility.
 2. Taiwan passed the Wetland Conservation Act and started the implementation since the beginning of 2015. After reviewing the process of the legislation of Wetland Conservation Act and the framework of this legal system for wetland conservation, it shows that CPA performed strong leadership on promoting wetland conservation and also built up international partnership positively. It takes about 5 years for establishing the Wetland Conservation Act. The characteristics of this act is as following: (1) Single authority for wetland affair is secured; (2) Institution of designation of important wetland and proposal of important wetland use and conservation plan is established; (3) critation for appropriate use according to “Wise use” is established; (4) Financial resources for wetland conservation is secured; (5) Punishiment and encouragement for wetland conservation. What's more, public participation is well secured in the Wetland Conservation Act system.
 3. Important wetland use and conservation plan should be proposed by national government and local government for each important wetland according to the Wetland Conservation Act. The main effect of this plan is as following: (1) Control for development and environment damage; (2) Restriction of property rights; (3) Charter-business inside the plan area; (4) Restriction of public construction and development nearby the wetland. CPA is in charge for the development-oriented plan-urban plan and new town plan, and conservation-oriented plan like wetland and national park simultaneously. The international and national level important wetland might be effective for municipal level plan, however, the effect of local level important wetland plan depends on the policy of municipality. We also expect the important wetland use and conservation plan might be more emphasized and given priority inside the planning system of CPA.
 4. However, there are also some issues including: (1) Negotiation and confliction with other departments. (2) Limit of Wise Use. We consider that the timely integration and establishment of “Ministry of Environment Resource” may help to solve the first issues. On the other, the construction of clear standard of Wise Use according to different type and scale of wetland might be essential to solve the second issue.
 5. Finally, we suggest that Japanese government should consider: (1) Establishment of Wetland Conservation Act which includes the original standard of designation of important wetland in Japan other than the international standard of Ramsar Conservation. (2) Constructing of responsible department and strengthening the function of wetland affairs inside the Ministry of the Environment, Japan.