In his autobiography, Justin Huang discusses his decision to conduct a new EIA: ''“In April 2012, Miramar Resort applied to continue with another EIA as some people had the opinion that the number of panel members from the government (on the previous EIA) was too many. Also, they thought that since the Tourism Bureau convened the panel then the Director of Tourism shouldn't be on the panel.”'' After the first meeting of the new committee in June 2012, Huang wrote,
“The County Government was happy to see that the EIA panel was functioning independently - everything would be left to the experts to decide” The convener and panel chairperson was then Deputy Magistrate, Chang Ji-i, an architect and Harvard graduate in landscape design, as well as a member of Huang's “leadership force” triumvirate. Three county Department Directors were also appointed, including: Huang Ming-an (黃明恩), Director of Environmental Protection Bureau; Hsu Jui-kwei (許瑞貴), Director of Construction Department; and Liu Jung-tang (劉榮堂), Director of Agriculture.
Protest concert 2012 In response, Fan Fan Fan in alliance with Citizens of the Earth Taiwan and the network of environmental/aboriginal civil groups, re-built the 'taluan' from the previous year and occupied Fudafudak, resulting in confrontation with Miramar management. On July 18, a press conference including
The Chairman vocalist A-chi (阿吉), FIR vocalist
Faye (飛), singer/songwriter
Deserts Chang (張懸), music critic Chang Tieh-chih (張鐵志), and Panai and Nabu was held to promote the event.
Deserts Chang said,
“The government should use its policies to preserve these places, instead of avoiding obligations and finding regulation loopholes”, while Chang Tieh-chih asked,
“Should we allow the first domino to fall, leading to a gray [covered with concrete] coastline in eastern Taiwan?” On July 28, with a typhoon looming, an exhibition, rally, and concert was held on Fudafudak. The event was attended by around 1000 people and featured performances by
Ilid Kaolo (以莉.高露),
Ciacia (何欣穗), Panai (巴奈),
The Chairman,
Kimbo Hu (胡德夫), Takanow (達卡鬧), Long Ge (龍哥),
Relax One (輕鬆玩), and
Kao Chou Ching (拷秋勤).
Thomas Chan (詹順貴) also addressed the crowd. 36 hours later,
Typhoon Saola made landfall, sweeping away the taluan and causing damage to Miramar.
Academics’ petition The first meeting of the new EIA panel (6th overall), was held in June, but as it failed to reach a resolution, the panel adjourned until November 29. Prior to the November meeting, the Taipei Times reported:
“More than 600 academics have signed a petition (initiated by National Dong Hwa University) demanding all construction on Miramar Resort Village be halted in line with a court ruling ...(and) urged the government to tear down the Miramar Resort Village project and called on their peers to refuse to join an environmental impact assessment (EIA) meeting on the controversial project next week.” Consequently, the meeting was canceled due to a failure to achieve a quorum of 8.
The day of the 2012 EIA On December 22, protesters and resort supporters gathered. According to Sam Wilde for the Taipei Times: ''“The atmosphere outside Taitung's imposing County Hall was tense. Over 100 police officers wielding meter-long batons and riot-control shields stood facing a crowd of anti-hotel protesters”'' A symbol of the FFF group was an ocean-going raft built by local Amis resident, Long Ge (Lai Ching-lung 賴進龍). Video shows protesters carrying it on their shoulders and making thrusts towards police lines as the crowd chants “Illegal EIA!” (環評違法) and “Demolish! Demolish! Demolish!” (拆 拆 拆) The pro-Miramar contingent was allotted the steps area of County Hall. They included representatives from the local Tse-tung buluo who performed traditional songs, as well as members of Taitung County Industrial Development & Investment Promotion Committee (TCID&IPC). They chanted: “Fake Taitung Residents Get Out of Taitung!”
Second projected opening In the following months,
“The county government gave the green light for the company to resume construction”, and Miramar held a 'soft opening' activity at the resort, saying it would "commence trial operations in May".
Legal reaction The Taipei Times reported:
"Local residents filed two (Citizen Litigation) lawsuits with the Kaohsiung Administrative Court: one alleging that the 2012 EIA review was illegal and the other demanding that the approval to resume construction of the hotel be revoked.” Lawyer Thomas Chan argued that, ''“The (resolution) was illegal because the case was not reviewed at the central government level, as it should have been according to administrative procedures (EIA's for international tourism developments must be conducted by the central government, not local governments), the review committee members (three of whom were government department heads) did not avoid conflicts of interest, and the case was evaluated on a continuing basis (according to the modified permits instead of the original plans).”'' Local resident and Amis elder, Long Ge (賴進龍), acted as "spiritual leader", while Taitung broken-tile artist, Rao Ai-ching, was chairperson for the group. Indigenous activists and FFF members,
Lin Shu-ling, Nabu and Panai also participated. The walk connected with villages in Taitung, Hualien, Ilan, and Taipei to participate in ceremonies and discuss land rights and local construction issues. They also visited the
Lungmen Nuclear Power Plant on the north east coast near Fulung beach, where they were met by rows of armed police. With a referendum on the facility being debated at the time, protesters claimed the plant was an inappropriate development on an indigenous artifact site, and prone to earthquakes or missiles from China. (It has since been mothballed.) Upon arriving in Taipei, a march and rally with “an alliance of more than 40 civic groups and Aboriginal tribes” was held at
Huang Chun-fa's Miramar Garden Taipei hotel, before continuing to the Presidential Palace (
Presidential Office Building) for speeches and a concert featuring popular indigenous and indie acts, which was attended by approximately 2000 people. Waiting until the final day of allowable time, the Taitung Government filed an appeal to the Supreme Court, with Chen Chin-hu saying, ''“We didn't enclose any legal arguments for the appeal in our submission. We will decide later whether to offer reasons or not - it depends on the attitude of Miramar executives towards this case.”'' Lin Shu-ling (林淑玲), one of 14 plaintiffs on the citizen suit, described the decision to appeal as
“a waste of public money”. She stated,
“The county government has approved two EIA reports by the company; both were revoked by judges. It should get the judges’ messages through its head.” Thomas Chan also argued that the central government had let the BOT project run out of control. ''“It's embarrassing that the central administrative organs have first set fires (by allowing the Taitung government to act as competent authority), and this makes it impossible to correct the fire lighting behavior of the local government, who follow their example.”'' More than two years later, on March 31, 2016, the Administrative Supreme Court dismissed the Taitung government's final appeal and barred Miramar from opening. The decision could not be appealed. By that time, the Taitung Government had lost 10 straight cases. No court proceedings have been held to decide whether Miramar should be demolished. ==Miramar's compensation claim==