| Summary: | 碩士 === 國立中央大學 === 營建管理研究所 === 95 === The modern day concept of the private participation for infrastructure projects began in UK the 80’s. The purpose for private participation in infrastructure projects is to reduce the financial burden of government, and to continue delivering infrastructure projects and public services. The main idea of Infrastructure Privatization is utilizing the private sector’s capital, technology, efficiency to advanced performance of infrastructural services. Several of the BOT projects implemented in Taiwan have created a good amount of disputes about the Private Participation mechanism in Infrastructure recently. The main reason is the misunderstanding on the Private Participation in Infrastructure. The common understanding here on private participation in infrastructure projects has led to an impression that, in these cases, the public sector will not need to put up any investment or only need to invest on a small scale.
Sewerage system is an important infrastructure item for a modern society. In the case of private sector participation in sewerage system project in Taiwan, the public sector procures the long-term public service which is provided by private sector. According to the Phase III Sewerage Construction Program, to be carried out from 2003 to 2008, the private sector participation in sewerage system project adopts the first item of the Article 8 of the Act for Promotion of Private Participation in Infrastructure Projects, which means ”The private institution invests in the building and operation of the infrastructure project, and upon expiration of the operation period, transfers the ownership to such infrastructure project to the government” or the BOT scheme in short. This has caused numerous disputes due to:
1. The sewerage system project is a public service, which
has high public welfare and low Self-Liquidation
Ratio. The nature of such a project using private
participation scheme should be different from the
concept of BOT.
2. The Private Participate scheme proposed may violate
the Article 33 of the Enforcement Rules of Act for
Promotion of Private Participation in Infrastructure
Projects.
This study focuses on the legitimacy of the private participation scheme of sewerage system in Taiwan. Through literature review and case studies on foreign and domestic projects, the legal background of the scheme is analyzed and the possible legitimate means to procure long term public services are pointed out. Some idea on the revision of the Act for Promotion of Private Participation in Infrastructure Projects are discussed and suggested.
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