Directions Governing Designation Examination of Historic sites 古蹟指定審查處理要點 中華民國八十七年七月三日內政部(87)台內民字第 8777876 號函訂定發布 Enacted and promulgated by Letter (87) Tai-Nei-Min-Tzu No.8777876 of the Ministry of the Interior on 3 July 1998 1. These Directions are enacted for the competent authorities of historic sites to conduct examination for designation of national, provincial (municipal), and county (city) historic sites. 2. The examination procedure for designation of historic sites includes the following steps: (1) Field investigation. (2) Meeting examination. (3) Announcement and notification. (4) Reporting to the upper-level competent authority for recordation. 3. The competent authorities of historic sites shall, according to the category of historic sites, respectively invite scholars, experts and other government agencies to participate the field investigation, and the practical participators shall state their opinions in writing. The number of the scholars and experts invited under the preceding paragraph shall be not less than five, and each of the participating government agencies shall designate a person as representative. 4. A field investigation requires the attendance of at least five scholars and experts. If there are less than five scholars and experts on the day when performing the field investigation of historic sites as referred to in the preceding paragraph, the investigation may be conducted all the same. However, the absent scholars and experts shall be invited to conduct supplementary investigation on another day until the number of scholars and experts prescribed in the preceding paragraph is reached. 5. The competent authorities of historic sites shall call the scholars and experts who have actually participated in the field investigation as well as other government agencies concerned to hold an examination meeting, and the meeting may be opened only provided with the attendance of not less than 2/3 of the scholars and experts who have actually participated in the field investigation. The resolutions of the meeting shall be signed by the attendees and submitted to the principal of the government agency for ratification. 6. The scholars and experts invited under 3, 4 and 5 shall attend the meeting personally, and may not have others attend the meeting on behalf of them. 1 7. The owner or manager of historic site may be invited to attend the examination meeting to present explanation, but shall leave the meeting then. The attendees and handlers of the meeting referred to in the preceding paragraph shall keep the contents of meeting confidential before the historic site is designated; where necessary, the meeting documents shall be called back after the meeting is finished. 8. For historic sites designated in accordance with the provision of 5, announcement and notification shall be conducted immediately, and the method and contents of announcement and notification shall meet the following provisions: (1) Announcement: an announcement shall include the following information and be attached on the bulletin board of the competent authority, and published on the journal of the competent authority. 1. Name, classification, category, and address or location of the historic site. 2. Scope of the historic site and the land on which the historic site is fixed. (2) Notification: 1. The owner, manager or possessor shall be informed about the contents of the announcement referred to in the preceding paragraph, wherein the owner shall be informed in a way as prescribed below: (1) Where the announced historic site and the land on which the historic site is fixed have been registered in accordance with the land registration laws and regulations, written notice shall be given to the owner according to the name and address recorded in the register book. (2) Where the announced historic site and the land on which the historic site is fixed have not been registered, the notice shall be attached at a proper place in the historic site. 2. The local governments of specific levels shall provide assistance in accordance with the following provisions: (1) The provisions of Articles 28, 29, 34, and 36 of the Cultural Heritage Preservation Act and Article 44 of the Enforcement Rule of the Cultural Heritage Preservation Act. (2) Where the land utilization segmentation or allocation of utilization type of the land on which the historic site is fixed conflicts with the conservation of the historic site, the competent authority in charge of urban plan or regional plan shall review the plan and make proper modification. 9. After the historic sites are designated, the competent authority shall prepare the ledger book of the historic sites stating the following matters, and submit it together with explanatory drawings and relevant photos to the upper-level competent authority for recordation, and give a letter to inform the Ministry of the Interior: (1) Name, classification, category, address or location of historic site; (2) Boundaries of the land comprised by the historic site; 2 (3) Reasons for designation of historic site; (4) Date and reference number of public announcement of designation of the historic site; (5) Ownership of the historic site, and name, address and telephone number of the owner, manager or occupant of the historic site; (6) Time of establishment and history of the historic site; (7) Current conditions, features, and present use of the historic site; (8) Current zoning or classified use, neighborhood landscape and present condition of the land; and (9) Suggestions and other pertinent matters. 10. "Explanatory drawings" referred to in the preceding article shall be drawn on the land-code map and shall specify the following matters: (1) Range and ground plan of the historic site; (2) Boundaries of the land encompassed by the site; (3) Names and locations of neighborhood streets; and (4) Scale of the map. 11. The provisions set forth in these Directions on field investigation, examination meeting, announcement and notification shall apply mutatis mutandis upon cancellation of designation or alteration of the category of historic sites; however, announcement shall be made after it is reported to and approved by the upper-level competent authority. 3 4