Illegal fan fraud case 02 "unscrupulous operators destroyed green energy, and the Energy Bureau sat by and watched the lawbreakers have nothing to fear. Construction Department: should be ordered to raise jobs.

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The land in the Changhua Fangyuan farming area was illegally built into a wind power plant, and the construction was reported by fishermen, but the Changhua county government not only connived at the completion, but even helped to legalize it on the spot. Operators even rely on the endorsement of the government to issue "profit coins" to attract money, and then turn their hands to kill investors, which has evolved into "green energy fraud."

In this regard, the Changhua County Economic Green Energy Office said that because the operators have obtained the approval of renewable energy power generation equipment issued by the Energy Bureau of the Ministry of Economic Affairs for the record, the county government has the responsibility to legalize counseling. The Energy Bureau of the Ministry of Economic Affairs said it was "informed afterwards" that it was off the hook, but would not withdraw its consent permit.

Wang Bainian, the person in charge of the land and illegal wind turbines, said, "the government should actively provide guidance instead of banning or suppressing it. At the beginning, everyone is not familiar with it, and it is inevitable to make mistakes." With regard to the future legalization of the vetting process, Wang Bainian is full of confidence: "hundreds of millions of yuan has already been invested, and no matter how long it takes, he will strive to complete the legalization." As for the part of money-absorbing fraud, Wang said that it was done by the former company and had nothing to do with him.

Fangyuan small fan power plant, which is illegally developed and is still constantly updating the equipment. Changhua Ring League provides the Energy Bureau: the industry is opportunistic, and the Energy Bureau "knows afterwards".

According to the green energy development procedure, operators must first obtain "consent for the record" from the Energy Bureau of the Ministry of Economic Affairs, and then sign a "contract for the purchase and sale of electricity" with Taiwan Power before applying to start construction. However, the illegal wind power plant in Changhua Fangyuan started in May 2017, was reported in August, and fined by the county government in October. However, the Energy Bureau of the Ministry of Economic Affairs and Taiwan Power Company respectively agreed to approve and sign a contract in December 2017. The procedure is completely reversed.

Chen Chong-hsien, head of the Energy Technology Group of the Energy Bureau, said that "government departments are based on official documents. When the Energy Bureau approved and put on record, the county government did not notify that land construction had started illegally." and the "approval letter" has specifically stated that "land use must comply with laws and regulations." Chen Chong-hsien stressed that the Energy Bureau was "informed afterwards."

In response to the fact that the operator has divided the entire 10 hectares of land into 72 plots, each with an area of 660 meters for wind power development, obviously exploiting legal loopholes, Chen said that even if these 10 hectares were divided into 72 plots, it would still be the same green energy development project. Operators can have two areas for improvement: "first, if you want to allow use, a maximum of 660 square meters of wind power will be used within 10 hectares, and the rest must be demolished. Second, if we adopt the "change of the whole area", we must also put forward a development plan and change the use zone in accordance with legal norms. "

"the counselors in Changhua County do not decide that these ten hectares are legal, but instead provide operators with information to let them know where the detour of remedial measures is." Chen Chong-hsien has repeatedly stressed that "the operator has applied for an extension several times, and the county government has asked the operator to apply for a supplement that must comply with the land laws and regulations, otherwise there will be no delay in obtaining a license to sell electricity."

Six turbines were inserted into each small piece of land and the Energy Bureau sat back and watched the violation of the law, but did not withdraw the "consent for approval" operators without fear.

However, more than two years have passed since the county government accepted the application in January 2018 (2020), the operator has not yet completed the supplement, and the operator is not afraid to continue to update the equipment and expand the violations. In this regard, Chen Chong-hsien believes that the county government and the central government have done their duty. "the attitude of the government is to provide guidance, but the operators have to bear the risk of their own investment, and it is possible that he will not be able to recover this investment."

However, what is puzzling is why the Energy Bureau would rather sit by and watch the violators apply for changes, and why not withdraw the "consent for filing"? Chen Chongxian said, "before 2017, the land legitimacy of the green energy development process was not reviewed until the final 'equipment registration'. Therefore, before 2017, the approval of 'consent for the record' does not require land legitimacy as an element."

However, the Energy Bureau said that it was contradictory, first taking "the land use of the case must be legal" as the proviso, giving consent to the approval and preparation of the development case, and taking "agreeing to put on record does not require land legitimacy" as the reason for "unable to withdraw the case". What is the necessity of land legitimacy for the green energy development case?

Chen Chongxian said that in the past, only photovoltaic development was required to attach legal land use documents when applying for approval for the record, while "wind power development" did not require legal land documents. In 2019, the measures for the Management of Renewable Energy Power Generation equipment will be revised to include additional wind power projects to provide documents for the legal use of land. Although the Energy Bureau has made amends after the sheep has been lost, the indulgence industry in this case has violated the law, which has not only dealt a heavy blow to the image of green energy, and no one is responsible for kicking balls from the central to the local level.

The windy airport. Lin Jiyang photographed the Construction Department: according to the law, the operators should be ordered to stop work and restore the original state within a time limit, and if necessary, transfer it to the District Prosecutor's Office.

According to the laws and regulations on land change, for the development of subsidence areas with an area of less than 30 hectares, the county and municipal governments have to directly examine and change the use zoning, but this case belongs to "wind power generation," and the power of examination rests with the Central Construction Administration.

Zhu Weiting, the second section chief of the Integrated Planning Group, which is responsible for reviewing the land change business of the Construction Department, was surprised after learning about the case: "operators illegally build wind power plants in aquaculture areas. According to Article 21 of the Regional Planning Law, they should immediately stop work and restore the original state within a time limit. Even if they have to send additional development plans, they should not allow operators to continue to expand violations. They can be punished on a per-occasion basis, if necessary, to cut off water and power supply, and if necessary to transfer to the district attorney's office."

Zhu Weiting said: "farming land belongs to agricultural land in a broad sense. If you want to change other uses, you must obtain the consent of the agricultural land competent authority. If it is sent to the Ministry of the Interior (Construction Department) for review, the local agricultural land competent authority is the Agriculture Department, and the central government is the Council of Agriculture." Therefore, if this case is tried by the Construction Department in the future, the opinion of the Council of Agriculture will play a key role.

Takeover: no matter how long it takes, the wind power plant will be legalized.

In this case of illegal fan development, after the original operator absconded with money, at present, Rubao Xingye bought all the rights from the firsthand Zhaobang Company. For example, Baoxing Industry is a large-scale automobile nut factory in Tainan, and the person in charge, Wang Bainian, is expected to upgrade the old nut factory to a fan equipment manufacturer, and in the future it will be stationed in the developing Shashi Green Energy Industrial Park. The small fan factory in Fangyuan Wanggong breeding area has become the best promotion of the company.

In the face of the dispute over land development in this case, Wang said: "small enterprises should respond to the policy of green energy, and the government should actively provide guidance and hope that the government will give guidance instead of banning or suppressing it." At first, no one is familiar with it, and if there is no clear law to follow, it is inevitable to make mistakes. "

As for the investment dispute caused by the external fund-raising in this case, Wang believes that "the previous hand (Zhaobang) transferred the right to the equipment in May 106, and continued to publicize and solicit it to the outside world, which was quite vicious." However, he said, "the issue of illegal collection of funds has nothing to do with our company and has been explained to investors and appointed a lawyer to deal with it."

When it comes to the review process of legalization in the future, Wang Bainian is obviously confident that he has invested so much that it is impossible to give up now. No matter how long it takes, we will strive for legalization. " He raised his voice and shouted to the government, "if this does not happen, who will dare to respond to the investment in the future?"