A Case Study on the Relation between Waste Disposal and Urban Planning Law

都市土地之計畫擬定由都市計畫法規範，廢棄物之處理則由廢棄物清理法詳為規範，然都市土地上廢棄物處理及管制，應遵照何種規定並不明確。本文所舉之判決認定都市計畫法臺灣省施行細則中，禁止住宅區設置廢棄物資源回收貯存及處理場所之規範合於都市計畫法之授權。然該判決並未注意都市計畫法臺灣省施行細則之特殊性與母法之關聯性及解釋函令之效力，並不妥當，本文並藉此案例提出現行都市計畫法與廢棄物清理法關聯不清之若干問題。

Although the urban land planning is covered by Urban Planning Law and disposal of waste is covered by the Trash Clearance Act, the laws concerning which act should be followed for the waste disposal issue on the urban land planning is not clear. The verdict focuses on details of the Urban Planning Law For Taiwan Province, the prohibition of residential area settings and storage of waste disposal site. The rule is authorized under Urban Planning Law and the court held that the rule does not violate Urban Planning Law and “The Principle of the Explicit Delegation”. However, the judgment did not pay attention to the special act characteristic and the relation between Urban Planning Law and Details of Urban Planning Law For Taiwan Province. Furthermore, the author will offer several thoughts about the disputes, introduce a number of issues related to Trash Clearance Act and explain the relationship between Trash Clearance and Urban Planning Law.