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Laws of the Republic of Korea |
Ministry of Land, Transport and Maritime Affairs (Marine Environmental Policy Division) 02-2110-6343
CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provided matters entrusted by the Marine Environment Management Act and matters for enforcement hereof. Article 2 (Jurisdictional Subject Sea Area)
The term "sea area as determined by Presidential Decree" under the provisions of item A of Subsection 20 of Article 2 of the Marine Environment Management Act (hereinafter referred to as the "Act") shall mean sea areas falling under any of the following Subsections.
1. Sea area over which Korea has jurisdiction regarding conservation of marine environment under the United Nations Convention on the Law of the Sea; or
2. Environment management sea area under the provisions of Article 15 (1) of the Act. Article 3 (Jurisdictional Subject Harbor)
The term "harbor as determined by Presidential Decree" under the provisions of item B of Subsection 20 of Article 2 of the Act shall mean harbors falling under any of the following Subsections.
1. Designated harbor under the provisions of Subsection 2 of Article 2 of the Harbor Act; or
2. National fishery port under the provisions of Subsection 3 of Article 2 of the Fishery Village and Port Act.
Article 4 (Scope of Sea Area)
The term "sea area as determined by Presidential Decree" under the provisions of Subsection 1 of Article 3 (1) of the Act shall mean sea areas falling under any of the following Subsections.
1. Domestic waters under the provisions of Article 3 of the Territorial Sea and Contiguous Zone Act; or
2. Sea area over which Korea has jurisdiction regarding conservation of marine environment under the United Nations Convention on the Law of the Sea. Article 5 (International Cooperation Project and Supporting Target, Etc.) (1) The international cooperation project under the provisions of Article 6 (4) of the Act shall be provided under any of the following Subsections.
1. Project necessary for domestic enforcement of international agreement related to marine environment conservation;
2. International cooperation project with international organization related to marine environment;
3. International joint-research & development and investigation project related to marine environment;
4. International exchange of human resources and information related to marine environment;
5. International conferences and academic conferences related to marine environment; or
6. Other international cooperation projects deemed necessary for the marine environment.
(2) Institutions which may be participated
in the international cooperation projects under
Article 6 (4) shall be provided under any of the following Subsections.
1. National and public research institution;
2. School under the provisions of Article 2 of the Higher Education Act;
3. Government invested research institution under the Act on the Establishment,
Operation and Fosterage of Government Invested Research
Institutions and the Act on
the Establishment, Operation and Fosterage of Science & Technology Government
Invested Research Institutions;
4. Research institution subject to the Specific Research Institution Promotion Act;
5. Korea Marine Environment Management Corporation under the provisions of Article
96 of the Act;
6. Center for Marine Environment Conservation under the provisions of Article 125 of
the Act; or
7. Other institution group notified by the Minister of Land, Transport and Maritime
Affairs (hereinafter referred to as the "Minister").
(3) The Minister may support budget, etc. necessary for international joint-research &
development, international exchange of professional
human resources and information,
attraction of international conferences or participation in international conferences, etc.
to
institutions of Section (2), which participates in international cooperation projects of
Section (1) under the provisions of Section
6 (4).
CHAPTER II. MEASURES FOR CONSERVATION AND MANAGEMENT OF
MARINE ENVIRONMENT
Article 6 (Construction Operation, etc. of Marine Environment Information Network)
(1) The Minister shall be provided with the marine
environment measurement results of
Article 9 of the Act under the provisions of Article 11 (1) of the Act and results of
research
& investigation projects related to marine environment, which are enforced by
the State and then construct and operate a marine
environment information network to
standardize environment data and integrate and manage information which are
dispersed to several
institutions.
(2) In the event of performing projects with the funding of the national government or
local government (hereinafter referred to
as the "national government, etc."),
institution under the provisions of Article 5 (2) shall submit its business plan to the
national
government, etc. In this case, the relevant institution shall systematically
perform observation, research and investigation related
to marine environment and
provided the national government, etc. with its data, which are computerized suitably
to the construction
and operation of marine environment information network, within
one year after completion of the observation and research.
Article
7 (Principles of Polluter Responsibility)
The term "entity designated by Presidential Decree" under the provisions of Article 12
(1) of the Act shall mean any entity falling under any of the following Subsections.
1. Marine pollution effect investigation entity under the provisions of Article 77 (1) of
the Act;
2. Evaluation agency under the provisions of Article 86 (1) of the Act; or
3. Institution or group which conducts measurement and analysis on marine environment
with the funding of the State, local government
or national or public research
institutions.
Article 8 (Cancellation of Measurement and Analysis Capacity Certification)
The term "event falling under reasons determined by
Presidential Decree" under the
provisions of Subsection 3 of Article 13 (3) of the Act shall mean a case in which there is
no measurement
and analysis result for one year after the acquisition of measurement and
analysis capacity certification.
Article 9 (Establishment Enforcement, Etc. of Marine Environment Management
Master Plan)
(1) The Minister shall prepare a marine environment management master plan
(hereinafter referred to as the "master plan") by stating
annual project items under the
provisions of Article 14 (1).
(2) The head of the relevant central administrative agency and Special Metropolitan City
Mayor, Metropolitan City Mayor, Do governor,
or Special Self-Do governor
(hereinafter referred to as the "head of the relevant administrative agency" in this
Article) which
are notified of the master plan under the provisions of Article 14 (4) of
the Act shall establish and proceed annual enforcement
plans on its jurisdictional
matters and evaluate its results. In this case, the head of the relevant administrative
agency shall
submit to the Minister such annual enforcement plan and proceeding
results by the end of every January.
(3) The Minster shall put together and analyze the enforcement plan and proceeding
results submitted under the provisions of Section
(2) and notify it to the heads of the
relevant administrative agency.
(4) Where it is deemed necessary for the alteration of the master plan or the head of the
relevant administrative agency request,
the Minister may alter the master plan through
the deliberation of a marine and fisheries development committee under the provisions
of Article 7 of the Framework Act on Marine and Fisheries Development.
Article 10 (Restriction on Installation of Facility in Environment
Conservation Sea Area,
Etc.)
(1) An environment conservation sea area under the provisions of Subsection 1 of Article
15 (1) of the Act shall be provided in
the attached Table 1.
(2) A special management sea area under the provisions of Subsection 2 of Article 15 (1)
of the Act shall
be provided in the attached Table 2.
(3) The term "facility as designated by Presidential Decree" under the provisions of
Article
15 (2) shall mean facilities falling under any of the following Subsections.
1. A facility of which daily waste water exhaust amount is not less than 2,000 cubic
meter; provided, however, that waste water processing
facilities and sewage processing
facilities shall be excluded; or
2. Wharf, seawall, bridge, floodgate or building to obtain permission of its management
agency in the event of new construction,
renovation, enlargement or alteration under
the provisions of Subsection 1 of Article 5 (1) of the Public Water Management Act.
(4) Facility of which installation or alteration is restricted under the provisions of Article
15 (4) of the Act shall mean a facility
falling under any of the following Subsection.
1. A facility of which daily waste water exhaust amount is not less than 1,000 cubic
meter; provided, however, that waste water processing
facilities and sewage processing
facilities shall be excluded;
2. Wharf, seawall, bridge, floodgate or building to obtain permission of its management
agency in the event of new construction,
renovation, enlargement or alteration under
the provisions of Subsection 1 of Article 5 (1) of the Public Water Management Act;
or
3. A facility for chartered fishery under the provisions of Article 8 of the Fisheries Act.
(5) The Minister shall, in the event
of intending to restrict the installation or alteration of
facility in environment conservation sea areas or special management
sea areas,
consult on the restrictions with the head of the relevant administrative agency and
notify to the public the contents
and period of the restriction.
Article 11 (Enforcement Sea Area of Total Emission Regulation of Pollutant Substance)
(1) A sea area to enforce total emission regulation
of pollutant substances under the
provisions of Article 15 (3) and (4) of the Act shall be a special management sea area
where
it is acknowledged that pollutant substances exceed the marine environment
standards under the provisions of Article 8 (1) of the
Act such that severe damage may
be inflicted on the people's health, property or animal and plant growth and the
Minster shall
designate through consultation with the head of the relevant
administrative agency and Metropolitan City Mayor, Do governor, or
Special Self-
Governing Do governor (hereinafter referred to as the "Mayor/Do governor").
1. COD (chemical oxygen demand)
2. Nitrogen
3. Phosphorus
4. Heavy metal
(2) The Minister shall, in order to enforce total emission regulation on the total emission
regulation items of Section
(1), establish a fundamental policy on total emission
regulation including items falling under any of the following Subsections
(hereinafter
referred to as the "fundamental policy") and notify it to the relevant Mayor/Do
governor having jurisdiction over
the special management sea area designated under
the provisions of Article 11 (1).
1. Total emission regulation items and target water quality;
2. Investigation of pollution source and calculation method of pollution loading;
3. Allotment of pollution loading by basin, administrative district and pollution source;
4. Approval standards of total emission management fundamental plan to be established
by the Mayor/Do governor under the provisions
of Section (3);
5. Approval standards on the total emission management enforcement plan to be
established by the Metropolitan City Mayor, mayor,
head of Gun (excluding the head
of Gun pertaining to the Metropolitan City; hereinafter, the same shall apply) under the
provisions
of Section (4); or
6. Minor matters not to require approval in the event of changing the total emission
management fundamental plan and the total emission
management enforcement plan
under the provisions of Sections (3) and (4)
(3) The relevant Mayor/Do governor shall establish total emission management
fundamental plan including items falling under any
of the following Subsections
(hereinafter referred to as the "fundamental plan") in accordance with the fundamental
policy under
the provisions of Section (2) and obtain the Minster's approval. The same
shall apply to the alteration of the fundamental plan
(excluding the alteration of minor
matters under the provisions of Subsection 6 of Section (2)).
1. Detailed contents of regional development plan;
2. Allotment of pollution loading by each jurisdictional local government;
3. Total amount of pollution loadings discharged from district and sea area, and its
reduction plan; or
4. Pollution loadings discharged additionally by regional development plan, and its
reduction plan.
(4) Metropolitan City Mayor, mayor or head of Gun shall establish a total emission
management enforcement plan (hereinafter referred
to as the "enforcement plan")
according to the fundamental plan and the Metropolitan City Mayor shall obtain the
Minister's approval,
and the mayor/head of Gun shall obtain the approval of
Mayor/Do governor and submit it to the Minister. The same shall apply to
the
alteration of the enforcement plan (excluding the alteration of minor matters under the
provisions of Subsection 6 of Section
(2)).
(5) The Minister may enforce the research and investigation, etc. necessary for
establishment of the fundamental plan and enforcement
plan and request their results
to be reflected in the plan establishment, and the Mayor/Do governor or mayor/head
of Gun shall
reflect them unless there are special circumstances not to.
(6) The Minister may organize and operate a council consisted of relevant experts for the
investigation and research on the determination
and adjustment of items for total
emission regulations of pollutant substances and water quality, enforcement of total
emission
regulation, etc.
Article 13 (Allotment, Etc. of Pollution Loading by Business Place)
(1) The Minister may request the Minister of Environment to
allot pollution loadings or
designate exhaust amount for facilities falling under any of the following Subsections
in order to
achieve and maintain water quality designated in the fundamental policy.
1. Waste water processing facility subject to water quality standard of the discharge water
under the provisions of Article 12 (3)
of the Water Quality and Ecosystem
Conservation Act;
2. Facility subject to water quality standard of the discharge water under the provisions of
Article 7 of the Sewerage Act; or
3. Purification facility subject to the water quality standards of the discharged water
under the provisions of Article 13 of the
Act on the Management and Use of Livestock
Manure.
(2) In the event of requesting the Minister of Environment to allot pollution loadings or
designate the exhaust amount, the Minister
shall send the fundamental plan and
enforcement plan to the Minister of Environment.
(3) The Minister of Environment may, where the request for the allotment of pollution
loadings or designation exhaust amount under
the provisions of Section (1) is made,
allot the pollution loadings or designate the exhaust amount by final outfall and unit
period.
(4) In the event of being deemed necessary for the achievement and maintenance of
target water quality designated in the fundamental
policy, the Metropolitan City Mayor,
mayor or the head of Gun may allot pollution loadings or designate discharge amounts
by final
outfall and unit period regarding the facility subject to the discharge
permission standards under the provisions of Article 32
of the Water Quality and
Ecosystem Conservation Act and the discharge water under the provisions of Article 7
of the Sewerage Act.
(5) The Minister of Environment or Metropolitan City Mayor, mayor or head of Gun
shall, in the event of allotting pollution loadings
or designating discharge amounts,
hear opinion of the interested persons.
(6) A person to whom pollution loadings are allotted or discharge amounts are designated
under the provisions of Section (3) or
(4) shall measure pollution loadings and
discharge amounts as determined by the Water Quality and Ecosystem Conservation
Act, the
Act on the Management and Use of Livestock Manure or the Sewerage Act,
and shall record and maintain its measurement results.
(7)
The Minister may request Metropolitan City Mayor, mayor or the head of Gun
having jurisdiction over the facility, of which pollution
loadings or discharge amounts
are discharges by exceeding allotted pollution loadings or designated discharge
amounts under the
provisions of Section (3), to take necessary measures such as
improvement of treatment facility.
(8) In the event of discharging by exceeding allotted pollution loadings or designated
discharge amounts under the provisions of
Section (4) or requesting from the Minister
under the provisions of Section (7), the Metropolitan City Mayor, mayor or the head
of
Gun may order the relevant business entity to take measures such as improvement of
facility within a fixed period, and the person
who has received the order shall perform
it.
(9) Matters regarding the method and procedure of order for taking measures under the
provisions of Section (8) and confirmation
of orders for taking measures shall be
publicly announced by the Minister.
Article 14 (Establishment of Marine Environment Management Master Plan, Etc.)
(1) Metropolitan City Mayor, mayor or the head of
Gun shall evaluate the performed
matters of the previous year on the enforcement plan as determined by the Minister
and submit
its reports (hereinafter referred to as the "evaluation report") to the
Minister. In this case, the mayor or head of Gun shall submit
it via the Mayor/Do
governor having jurisdiction.
(2) In the event of being deemed necessary for attaining the purpose of total emission
regulation of pollutant substances after
reviewing the evaluation report submitted
under the provisions of Section (1), the Minister may request the Metropolitan City
Mayor,
mayor or the head of Gun to establish and enforce necessary measures or a
counter plan. In this case, the Metropolitan City Mayor,
mayor or the head of Gun
shall follow the request unless there are special circumstances not to.
(3) Metropolitan City Mayor, mayor or the head of Gun shall prepare and keep a book for
total emission regulation of pollutant substances
so as to figure out the increase and
decrease of pollution sources as determined by the Minister.
Article 15 (Financial Support, Etc.)
(1) The State may provide assistance or loans, or support preferentially necessary
expenses such as for improvement of facility,
etc. according to the total emission
regulation for a local government or business operator, which enforces the total
emission
regulation of pollutant substances, rather than other local governments or
business operators.
(2) The head of the relevant administrative agency shall not give approval or permission,
etc. falling under any of the following
Subsections to a local government which
exceeds pollution loadings allotted by each local government or establishes and
enforces
the fundamental plan or enforcement plan unless there are special
circumstances not to. 1. Commencement of urban development projects under the provisions of Subsection 2
of Article 2 (1) of the Urban Development Act;
2. Development of industrial sites under the provisions of Subsection 5 of Article 2 of the
Industrial Sites and Development Act;
3. Development of tourism areas and tourism complexes under the provisions of
Subsection 6 or 7 of Article 2 of the Tourism Promotion
Act; or
4. Installation of facilities such as building, etc. of exceeding the size as determined by
the Minister.
(3) Where the head of the relevant administrative agency violates Section (2) or the
Metropolitan City Mayor, mayor or the head
of Gun, which enforces total emission
regulation of pollutant substances, does not comply with the request under the
provisions
of Article 14 (2), the Minister or head of the relevant central administrative
agency may suspend or reduce financial support or
take other necessary measures.
1.Evaluation and management of the performed status of environment management
fundamental plan;
2. Matters regarding the total emission management of water pollution in a sea area;
3. Matters regarding the management of water quality, sediment conditions and
ecosystem in a sea area;
4. Establishment of investment plans for the marine improvement of sea areas;
5. Matters regarding environment capacity expansion of sea areas such as dredging of
sediment, creation of artificial habitat, etc.;
6. Technology necessary for installation, operation and management of facilities for
marine pollution prevention and marine environment
improvement, and financial
support;
7. Matters regarding advertisement and training of marine environment conservation; or
8. Other matters deemed necessary by the Minister.
Article 17 (Organization of Project Management Group)
Project management group
under the provisions of Article 16 (4) of the Act shall consist
of persons falling under any of the following Subsections.
1. Public officials of the Ministry of Land, Transport and Maritime Affairs;
2. Public officials of the relevant central administrative agency and local government; or
3. Experts of the academic sector, research institution, etc. related to marine environment
management.
Article 18 Deleted
(1) Detailed matters of marine environment improvement measures which a sea area
management agency may undertake according to the
provisions of Subsections 1
through 3 of the Article 18 (1) of the Act shall be provided with any of the following
Subsections:
1. Installation of a floating prevention screen or corruption prevention screen;
2. Collection and disposal of various pollutant substances such as marine wastes of
marine areas, etc.; or
3. Collection and disposal of pollutant substances in a sea area where pollutant
substances are accumulated.
(2) In the event of being deemed necessary for improvement regarding installation and
operation of waste water processing facility,
excreta and livestock wastewater
processing facility, the sea area management agency may request the relevant
administrative agency
to take necessary measures. In this case, the head of the
relevant administrative agency shall comply with such request unless there
are special
reasons not to.
Article 25 (Calculation of Marine Environment Improvement Measure of Sea Area
Management Agency)
(1) The marine environment improvement surcharge (hereinafter referred to as the
"surcharge") on marine discharging by a person
who has operated a marine waste
dumping business under the provisions of Subsection 1 of Article 19 (1) of the Act
shall be an
amount calculated according to the following equation.
Waste marine dumping quantity x unit imposition surcharge x imposition coefficient
(2) Waste marine dumping quantity shall be based on a disposal record under the
provisions of Article 72 (1) of the Act and its
unit standard shall be cubic meter. In this
case, the number of less than cubic meter shall be applied by rounding.
(3) Unit standard
imposition surcharge shall be 1,100 won.
(4) Imposition coefficient shall be provided in the attached Table 3.
Article 26 (Imposition
and Collection of surcharge)
(1) The Minister shall calculate and impose the surcharge each quarter.
(2) The surcharge calculated under the provisions of Section (1) shall be notified for
payment by the fifteen day of the following
month of the quarter as determined by the
Ministry of Land, Transport and Maritime Affairs.
(3) Payment period of the surcharge shall be the last day of the month when the payment
notification is made.
(4) Notwithstanding the provisions of Sections (1) through (3), where a marine waste
dumping business is terminated during a quarter,
the payment notification on the
surcharge of each quarter shall be made within fifteen days from the date when the
termination
is known. In this case, the payment period of the surcharge of each quarter
shall be within fifteen days from the date when the
payment notification is made.
Article 27 (Payment by Installment Surcharges)
(1) A person who intends to pay the surcharge by installments under the provisions of
Article 19 (3) of the Act shall submit to
the Minister an application for installment
payment of the surcharges within five days from the date when the payment
notification
is made.
1. Where the surcharge to be paid is not less than 10 million won; or
2. Where a property is considerably damaged due to natural disaster or accident.
(3) Where a payment obligor who receives a notice
for the approval of installment
payment falls under any of the following Subsections, the Minister may cancel the
approval of installment
payment and collect the total amounts related to the installment
payment at once. In this case, the Minister shall give the payment
obligor a written
result of such intention.
1. In the event of not paying the installment payment amount until the designated period;
or
2. In the event of falling under any of the Article 14 (1) of the National Tax Collection
Act or equivalents and being acknowledged
that the total amount related to the
installment payment cannot be collected.
Article 28 (Calculation, Etc. of Installment Payment Amount)
(1) Installment payments, in principle, shall be equally paid each
month by dividing the
surcharges of each quarter by not more than three times, and te due date of the first
installment shall be
the last day of the month when the payment notice for the
surcharges of each quarter is made, those of the other installments shall
be the last day
of the following month.
(2) The installment payment obligor shall pay the sum of the remaining amount, which
each installment payment amount or total installment
payment amounts disbursed to
the previous installment are deducted from the total amount of installment payment
amounts, and its
interest which is calculated for a sum of dates from the following day
of the previous installment payment due date to each installment
payment due date.
In this case, the interest is calculated by multiplying the amount to be disbursed by an
interest rate of 6%
annum.
Article 29 (Adjustment of Surcharges)
(1) The Minister shall, in the event of falling under any of the following Subsections,
recalculate and adjust the surcharge and,
where there is any difference between a paid
amount and an adjusted amount, shall impose again or refund the difference.
1. Where the imposition target or calculation method of the surcharge is improperly
applied;
2. Where the calculation of installment payment amount and its interest is improperly
made; or
3. Where the surcharge is improperly imposed because of other reasons.
(2) The Minister shall, in the event of intending to imposing
or refunding the adjusted
surcharge under the provisions of Section (1), give a document, in which its amount,
payment due date,
place of payment and other necessary matters are stated.
Article 31 (Reminder)
A reminder under the provisions of Article 20 (1) of the Act shall include amount of
surcharge to be paid, additional money, payment
period and place of payment.
Article 32 (Additional Money)
(1) Additional money under the provisions of Article 20 (1) of the Act shall be an amount
equivalent to 5 over 100 of the arrearage
surcharge.
(2) The additional money shall not be divided for payment.
Article 33 (Charge-related Project)
The term "project as determined by Presidential Decree" under the provisions of
Subsection 8 of Article 21 of the Act shall mean
a project falling under any of the
following Subsections.
1. Project related to enforcement and support of marine pollution reduction measures; or
2. Project to support private entity for the conservation and management of marine
pollution and marine pollution prevention activity.
CHAPTER III. REGULATION FOR PREVENTION OF MARINE POLLUTION
Article 34 (Marine Area)
The scope of marine area under the provisions of Article 22 (2) of the Act shall be
provided with the attached Table 4.
Article 35 (Designation and Announcement of Professional Inspection Institution)
(1) The term "professional inspection institution"
under the provisions of Article 23 (4)
of the Act shall be an institution falling under any of the following Subsections and as
designated and announced by the Minister.
1. National and public research institution;
2. Research institution attached to a university under the provisions of Subsection 1 of
Article 2 of the Higher Education Act;
3. Government invested research institution under the provisions of the Act on the
Establishment, Operation and Fosterage of Government
Invested Research Institutions
and the Act on the Establishment, Operation and Fosterage of Government Invested
Research Institutions
for Science and Technology;
4. Test and inspection institutions acknowledged under the provisions of Article 23 of the
Framework Act on National Standards; or
5. Other institutions or groups deemed to possess professional inspection service capacity.
(2) Detailed evaluation method, evaluation
items, evaluation standard and operation
standard, etc for designation application procedure designation requirements of
professional
inspection institutions under the provisions of Section (1) shall be notified
to the public by the Minister.
Article 36 (Marine Collection and Disposal Plan of Waster)
(1) The Minister shall establish a marine collection and disposal plan
of waste every five
years under the provisions of Article 24 (1) of the Act.
(2) The marine collection and disposal plan of wastes under the provisions of Section (1)
shall include matters falling under any
of the following Subsections.
1. Generation amount or expected generation amount of discharged or inflow waste by
type and pollution source;
2. Matters regarding the reduction of generation of wastes such as marine inflow
prevention, etc.;
3. Matters regarding the fundamental direction of the marine collection and disposal plan
of wastes;
4. Matters regarding the expansion of marine collection and disposal capacity of wastes;
5. Matters regarding public-private cooperation; or
6. Funding plans of required financial resource.
(3) The Mayor/Do governor shall establish and pursue the annual enforcement plan
of
the marine collection and disposal plan of wastes under the provisions of Section (1),
and submit an annual enforcement result
and pursuance result to the Minister by
January of each year.
(1) A sea area management agency shall investigate and measure the generation amount
or inflow amount of waste by type and pollution
source in order to establish and
efficiently enforce a marine environment management master plan and the marine
collection and
disposal plan of wastes.
(2) The sea area management agency may request a head of relevant agencies to allow
entrance in its jurisdictional limited area
and to submit necessary data or provide
support. In this case, the head of the agency shall comply with such request unless
there
are special reasons not to.
(3) The sea area management agency shall perform investigation and measurement
according to the provisions of Article 24 (2) of
the Act every year and, where the
Mayor/Do governor is a sea area management agency, shall report its results to the
Minister by
the end of February of the following year.
Article 38 (Polluters Pay Principle, Etc.)
(1) Range of expenses for collection and disposal or storage of wastes, which are borne
by a polluter, under the provisions of Article
24 (4) of the Act shall be provided with
the attached Table 5.
(2) A sea area management agency shall clarify the calculation basis of expenses under
the provisions of Section (1) and inform
the polluter of it.
Article 39 (Qualification and Service Contents, Etc. of Marine Pollution Prevention
Manager of Vessel)
(1) Qualification of a marine pollution prevention manager under the provisions of
Article 32 (3) of the Act shall follow the classification
falling under any of the
following Subsections:
1. In the case of a vessel under the provisions of Subsection 1 of Article 2 of the Ship
Officer's Act, a vessel crew under the provisions
of Subsection 3 of Article 2 of the
same Act, which is in compliance for the boarding standard under the provisions of
Article
11 of the same Act; provided, however, that captain, remote chief operator and
remote operator shall be excluded.
2. In the event of vessel which is not subject to the Ship Officer's Act or there is no crew
other than a captain, a crew who is
engaged in the service of transporting or
discharging pollutant substance and air pollutant substance.
(2) Service content and
observation matters of a marine pollution prevention manager
under the provisions of Section (1) shall be provided with matters
falling under any of
the following Subsections:
1. Recording and storage of waste records and oil records (including a dangerous liquid
material records in the case of vessel in
which dangerous liquid materials are loaded
and transported);
2. Direction and supervision of works in which pollutant substances are transported or
discharged;
3. Maintenance of marine pollution prevention facilities and inspection of its operation
status;
4. Maintenance and examination of air pollution prevention facilities;
5. Management of materials and chemicals for marine pollution prevention;
6. In the event of discharging pollutant substances under the provisions of Article 63 (1)
and 64 (1) of the Act, prompt report and
necessary emergency aid;
7. Completion of training and education on marine pollution prevention and control
under the provisions of Article 121 of the Act
and training for crew of the concerned
vessel; or
8. Other matters necessary for prevention of pollution accidents from the concerned
vessel.
Article 40 (Service Contents of Marine Pollution Prevention Manager of Maritime
Facility)
(1) An owner of a maritime facility under the provisions of Article 36 (1) of the Act shall
appoint as the marine pollution prevention
manager a person who directs and
supervises affairs on transporting or discharging pollutant substances under the
provisions of
Section (3) of the same Article.
(2) Service contents and observation items of the marine pollution prevention manager
under the provisions of Article 36 (3) of
the Act shall be provided with the matters
falling under any of the following Subsections:
1. Recording and storage of maritime facility pollutant substance records;
2. Direction and supervision of affairs on transporting or discharging pollutant
substances;
3. Maintenance of marine pollution prevention facility and inspection of its operation
status;
4. Management of materials and chemicals for marine pollution prevention;
6. In the event of discharging pollutant substances under the provisions of Article 63 (1)
and 64 (1) of the Act, prompt report and
necessary emergency aid;
7. Completion of training and education on marine pollution prevention and control
under the provisions of Article 121 of the Act
and training for the crew of the
concerned vessel; or
8. Other matters necessary for the prevention of pollution accidents from the concerned
vessel.
Article 41 (Request for Submitting Data Necessary for Measurement and Investigation)
Data which the Minister may request the head
of relevant administrative agency under
the provisions of Article 39 (2) of the Act shall be provided with the matters falling under
any of the following Subsections:
1. Measurement data of residue organic pollutant substance measurement network under
the provisions of Article 11 of the Persistent
Organic Pollutant Substance Management
Act;
2. Order to improve, order to suspend usage thereof, order to close and its enforcement
information under the provisions of Article
16 of the Persistent Organic Pollutant
Substance Management Act;
3. Data on major discharge sources, discharge routes and discharge amount of persistent
organic pollutant substances under the provisions
of Article 18 of the Persistent
Organic Pollutant Substance Management Act;
4. Data on effect investigation of persistent organic pollutant substances under the
provisions of Article 19 of the Persistent Organic
Pollutant Substance Management
Act; or
5. Information on the business type of companies to deal with persistent organic pollutant
substances.
Part 4. Regulation on Air Pollution Prevention in the Ocean
Article 42 (Sulfur Content Standard of Fuel Oil)
(1) The term "standard of sulfur content as determined by Presidential Decree" under the
provisions of Article 44 (1) of the Act
shall be provided with matters falling under any
of the following Subsections:
1. Sulfur content of light-oil shall be not less than 1.0% (weight percent); provided,
however, that, in the event of a vessel which
navigates only within territorial waters
and exclusive economic zones under the provisions of Subsections 1 and 2 of Article 3
(1) of the Act, it shall be not less than 0.05% (weight percent); or
2. Sulfur content of heavy-oil shall be not less than 2.0% (weight percent) for bunker A-
oil (heavy oil A), not less than 3.0% (weight
percent) for bunker B-oil (heavy oil B),
and not less than 4.5% (weight percent) for bunker C-oil (heavy oil C).
(2) The term "standard
of sulfur content as determined by Presidential Decree" under the
provisions of Article 44 (2) of the Act shall mean that the sulfur
content contained in
fuel oil is 1.5% (weight percent).
Article 43 (Quality Standard of Fuel-Oil)
The term "quality standard of fuel oil as determined by Presidential Decree" under the
provisions other than the Subsection of Article
45 (1) of the Act shall mean quality
standards in accordance with the classification falling under any of the Subsections.
1. Fuel-oil which is manufactured in accordance with the method of purifying petroleum
shall have requirements falling under any
of the following Items:
A. It shall be a hydrocarbon mixture (including additives for increasing performance);
B. Inorganic acid
shall not be contained; and
C. Additives or chemical waste as determined by the Ordinance of the Ministry of Land,
Transport and Maritime Affairs shall not
be contained.
2. Fuel-oil which is manufactured in accordance with methods other than the provision of
Subsection (1) shall have requirements falling
under any of the following Items:
A. Nitrogen oxide discharged when a vessel engine is operated shall not exceed the
emission permission
standard of nitrogen oxide under the provisions of the main part
other than the Subsection of Article 43 (1) of the Act;
B. Inorganic
acid shall not be contained in the raw materials to be mixed;
C. Vessel safety shall not be interfered with or machine performance
shall not be
negatively affected;
D. It shall not be harmful to humans; and
E. Air pollution shall not be increased.
CHAPTER V. MEASURES FOR MARINE POLLUTION PREVENTION
Article 44 (Establishment and Enforcement of National Emergency Prevention Plan,
Etc.)
(1) Matters which are included in the national emergency prevention plan under the
provisions of Article 61 (1) of the Act shall
be provided with matters falling under any
of the following Subsections:
1. Pre-prevention plan against discharge of pollutant substance:
A. Formation and operation of national prevention system and its
corresponding
organization;
B. Duties and roles of relevant institutions, etc. for preparation and countering of marine
pollution;
C. Security of preventive equipments, materials and chemicals;
D. Training and education for preparation and confrontation of marine
pollution;
E. Formation and operation of prevention support and cooperation system between
neighboring nations;
F. Consulting and support of prevention technology expert; and
G. Investigation and research and technology development, etc. for
the prevention of
marine pollution.
2. Preventive measure plans when pollutant substances are discharged:
A. Scope of emergency prevention measure to be enforced by
the State;
B. Prevention enforcement such as pollution site investigation, determination of
preventive method, direction and control
of accident sea area, etc.;
C. Emergency mobilization and support of preventive facility, materials and chemicals;
D. Security
of marine safety and measures for danger prevention;
E. Follow up management such as marine pollution accident effect and damage
investigation; and
F. Other necessary matters related to preventive measure.
(2) The Commissioner of the Korean Coast Guard may establish and enforce
a local
emergency prevention enforcement plan conforming to the local situation in order to
enforce smoothly a national emergency
prevention plan.
(3) Matters to be contained in the local emergency prevention enforcement plan shall be
determined by Presidential
Decree.
Article 45 (Organization and Operation, Etc. of Prevention Center)
(1) The head of a prevention center (hereinafter referred to
as the "center head" in this
Article) under the provisions of Article 62 (3) of the Act shall be the Commissioner of
the Korean
Coast Guard, and its members shall be organized with public officials of
the Korean Coast Guard and persons dispatched by the head
of the relevant
organizations.
(2) The center head may request the head of relevant organizations for the dispatch of
persons to work in the prevention center
and the support for necessary man-power and
equipments required for prevention affairs. In this case, the head of relevant
organizations
shall comply with such request unless there are justifiable reasons not to.
(3) The center head shall perform affairs falling under
any of the following Subsections:
1. Analysis and evaluation of pollution accident and supervision of prevention;
2. Prevention support and cooperation between neighboring countries; or
3. Other necessary matters related to prevention measures.
(4) The center head may organize and operate a prevention technology support
committee, organized with relevant experts, in order to provide for technology support
and consulting for conservation of marine
environment and scientific prevention.
(5) Organization and operation of the prevention center and the prevention technology
support
committee, disbursement of an allowance and other necessary matters shall be
separately determined by the Commissioner of the Korean
Coast Guard.
Article 46 (Organization Operation, Etc. of Local Prevention Center)
(1) The head of a local prevention center (hereinafter
referred to as the "local center
head" in this Article) under the provisions of Article 62 (3) of the Act shall be the head
of
a competent local coast guard, and its members shall be organized with public
officials of local coast guards and persons dispatched
by the head of the relevant
competent organizations.
(2) The local center head may request the head of the relevant competent organizations
for the dispatch of persons to work in the
local prevention center and the support for
necessary man-power and equipments required for prevention affairs. In this case, the
head of the relevant competent organizations shall comply with such request unless
there are justifiable reasons not to.
(3) The local center head shall perform affairs falling under any of the following
Subsections:
1. Prevention measures against discharge and expansion of pollutant substances;
2. Determination of mobilization range of prevention man-power, equipments, etc. and
field guidance and control;
3. Establishment of prevention strategy and determination and enforcement of prevention
methods; or
4. Other necessary matters related to prevention measures.
(4) The local center head may organize and operate a local marine pollution
prevention
committee, organized with public officials of competent organizations having
jurisdiction over the relevant areas, director
employee of a relevant organization,
companies and representative of local residents, etc. In this case, a person related to the
pollution accident shall be excluded from the members of the local marine pollution
prevention committee.
(5) Organization and operation of the local prevention center and the local marine
pollution prevention committee, disbursement
of an allowance and other necessary
matters shall be separately determined by the Commissioner of the Korean Coast
Guard.
Article 47 (Reporting Criteria, Etc. When Pollutant Substances are Discharged)
The emission criteria as determined by Presidential
Decree in parts other than each
Subsection of Article 634 (1) of the Act shall refer to the criteria of the attached Table 6.
Article
48 (Prevention Measure In Case of Discharging Pollutant Substances)
(1) Prevention measures under the provision of Article 64 (1)
of the Act shall mean
measures falling under any of the following Subsections, which shall be the most
effective and suitable in
a field after taking an emergency measure for emission
prevention of pollutant substances and expansion prevention and removal of
the
discharged pollutant substances:
1. Installation of expansion prevention fence of pollutant substances and other measures
necessary for expansion prevention;
2. Emission prevention measures of pollutant substances such as emergency repair of
damaged parts of vessel or facility, towing and
lifting measures of vessel body, etc.;
3. Measures for transferring pollutant substances loaded in a vessel or facility to other
vessels, facilities or cargo hold;
4. Recovery measures of the discharged pollutant substances;
5. Removal measures of pollutant substances depending on use of materials and
chemicals for marine pollution prevention;
6. Prevention measures of secondary pollution due to the collected pollutant substances;
or
7. Safe disposal measures of materials, of which reuse is impossible, among the collected
pollutant substances and materials and
chemicals used for prevention.
(2) In the event of being necessary for preventive measures under the provisions of
Section (1),
the Commissioner of the Korean Coast Guard may take measures falling
under any of the following Subsections or request the relevant
institutions to take such
measures:
1. Control of vessels to transport in a polluted sea area;
2. Measures for vessel safety of a polluted sea area; or
3. Support of man-power, equipment and facilities, etc.
Article 49 (Prevention Measure Order)
A prevention measure order under the provisions of Article 64 (3) of the Act shall
contain matters falling under any of the following
Subsections:
1. Period of prevention measure;
2. Designation of sea area required for prevention measure; or
3. Prevention measure under the provisions of Article 48 (1).
Article 50 (Scope of Expense Burden)
(1) Scope of expense burden for prevention measures which are liable by the prevention
obligor under the provisions of the latter
part of Article 64 (4) of the Act or the main
part of Article 68 (2) of the Act shall be provided in the attached Table 7.
(2)
In the event of imposing expenses of Section (1) to an owner of a vessel or maritime
facility under the provisions of the latter
part of Article 64 (4) of the Act or the main
part of Article 68 (2) of the Act, a prevention measure institution shall notify clearly
the calculation basis of the expense to the prevention obligor.
Article 51 (Arrangement, Etc. of Prevention Ship, Etc.)
(1) Where
a prevention ship or prevention equipment (hereinafter referred to as the
"prevention ship, etc.") is arranged and installed (including
joint arrangement and
installation; hereinafter the same shall apply in this Article) under the provisions of
Sections (1) and
(2) of the Act, an owner of a vessel or maritime facility shall comply
with the attached Table 8.
(2) Matters necessary for arrangement and installation other than Section (1) shall be
determined by the Ordinance of the Ministry
of Land, Transport and Maritime Affairs.
(2) The prevention measure institution under the provisions of Section (1) shall
preferentially take preventive measures and, in
the event of falling under any of the
following Subsections, may request the president of the corporation to take preventive
measures.
In this case, the president of the corporation shall comply with such request
unless there are justifiable reasons not to.
1. Where pollutant substances of which a prevention obligor is unclear is discharged; or
2. Where prevention measures of prevention obligor under the provisions of Article 68
(1) of the Act is difficult or an emergency
measure is required.
(3) In the event of taking a preventive measure under the provisions of Section (2), the
president of the
corporation may request a preventive measure institution to pay the
necessary expenses, and the preventive measure institution shall
pay it to the president
of the corporation.
(4) The term "facility as determined by Presidential Decree" under the proviso of Article
68 (1) of the Act shall mean a harbor
facility under the provisions of Subsection 6 of
Article 2 of the Harbor Act.
Article 53 (Exemptions of Expense Burden)
The term "case as determined by Presidential Decree" under the proviso of Article 68 (2)
of the Act shall mean cases such as war
and calamity, or other forces majeure.
Article 54 (Imposition Criteria and Procedure of Prevention Share)
(1) Imposition criteria
and procedure of prevention share which an arrangement obligor
shall pay to the corporation under the provisions of Article 69 (3)
of the Act shall be
provided under the attached Table 9.
(2) Imposition amount of shares shall be recalculated every five years.
(3) Other matters necessary for imposition and collection
procedure of shares shall be
determined by the Articles of Incorporation under the provisions of Article 98 (1) of
the Act.
CHAPTER VI. MARINE ENVIRONMENT MANAGEMENT BUSINESS, ETC.
Article 55 (Registration of Marine Environment Management Business)
(1)
A person who intends to register a waste marine dumping business, waste marine
collection business and accumulated pollutant substance
collection business under the
provisions of Subsections 1, 4 and 5 of Article 70 (1) of the Act shall submit to the
Minister a
registration form (including an application form made by an electronic
document) attached with documents of the attached Table 10
(including an electronic
document). In this case, a public official in surcharge shall confirm a corporation
register (limited
to a corporation) through the joint use of administrative information
under the provisions of Article 21 of E-Government Act and,
in the event of
disagreeing with the confirmation the applicant shall attach such documents.
(3) The Minister or Commissioner of the Korean Coast Guard shall issue a registration
certificate, as determined by the Ordinance
of the Ministry of Land, Transport and
Maritime Affairs, to a person who registered a marine environment management
business under
the provisions of Sections (1) and (2).
Article 56 (Technology Capacity Standard of Marine Environment Management
Business)
The technology capacity standard of a person who intends to operate a marine
environment management business under the provisions
of Article 70 (2) of the Act shall
be provided according to the attached Table 11.
Article 57 (Vicarious Execution of Measurement of Waste, Etc.)
A person who intends to entrust and dispose wastes under the provisions
of Article 76 (3)
of the Act shall have a professional investigation institution as designated under the
provisions of Article
35 (1) vicariously execute affairs regarding measurement of
components, concentration, weight and volume of waste.
CHAPTER VII.
MARINE POLLUTION EFFECT INVESTIGATION
Article 58 (Marine Pollution Effect Investigation)
(1) The term "scale as determined by Presidential
Decree" under the provisions of Article
77 (1) of the Act shall mean a scale according to the attached Table 12.
(2) The designation
standard of marine pollution effect investigation institution
(hereinafter referred to as the "investigation institution") under
the provisions of
Article 77 (2) of the Act shall be provided according to the attached Table 13.
(3) The term "period as determined
by Presidential Decree" under the provisions of
Article 77 (3) of the Act shall mean three months after an accident occurs, and
the term
"case which is deemed necessary for an emergency investigation as determined by
Presidential Decree" shall mean a case
falling under any of the following Subsection.
1. In the event of discharging pollutant substances exceeding the size as determined by
the Ordinance of the Ministry of Land, Transport
and Maritime Affairs; or
2. In the event of expecting large damage to a cultivating facility, etc. because of the
expansion of pollutant substances.
Article 59 (Detailed Items by Field of Marine Pollution Effect Investigation)
(1) Detailed items by field of marine pollution effect
investigation under the provisions
of Article 78 of the Act shall be provided according to the attached Table 14.
Article 60 (Expense
of Marine Pollution Effect Investigation)
(1) The Minister may designate a standard expense necessary for investigation by
considering
sea area and amount of generated pollution under the provisions of Article
80 of the Act and notify it to the public.
(2) The term "cases falling under reasons as determined by Presidential Decree" under
the proviso of Article 80 (1) of the Act shall
mean a case falling under any of the
following Subsections:
1. In the event of falling under the provisions of Subsection 1 or 3 of Article 22 (3) of the
Act; or
2. Where a vessel owner or an installer of maritime facility declares bankruptcy.
CHAPTER VIII. SEA AREA UTILIZATION CONFERNECE
Article 61 (Sea Area Utilization Conference)
(1) A sea area utilization conference subject project under the provisions of Article 84 (1)
of the Act shall be a project to greatly
affect marine environments and classified into a
project required for the prudent review and conference (hereinafter referred to
as the
"general sea area utilization conference project") and a small-scale project to slightly
affect marine environments (hereinafter
referred to as the "simple sea area utilization
conference project").
(2) Scope of the subject project to convening a general sea area utilization conference and
a simple sea area utilization conference
under the provisions of Section (1) shall be
provided in accordance to the attached Table 15.
Article 62 (Sea Area)
The term "sea area as determined by Presidential Decree" under the proviso of
Subsection 3 of Article 84 (1) of the Act shall mean
a special management sea area under
the provisions of Article 15 of the Act.
Article 63 (Sea Area Utilization Effect Assessment)
(1) The term "scale as determined by Presidential Decree" under the main part
other than
each Subsection of Article 85 (1) of the Act shall be provided according to the
attached Table 16.
(2) A project which is excluded from a sea area utilization effect assessment under the
proviso other than each Subsection of Article
85 (1) of the Act shall mean an
environment effect assessment subject project (hereinafter referred to as the
"environment effect
assessment subject project") under the attached Table 1 of the
Enforcement Decree of the Environment Effect Evaluation Act; provided,
however,
that the same shall not apply to a project falling under any of the following
Subsections, which is performed in seas
or seashores (cases containing a river under
the provisions of Subsection 1 of Article 2 of the River Act shall be excluded.) under
the provisions of Article 2 of the Public Waters Management Act, among the
environment effect evaluation subject projects.
1. Collection of mineral resources under the provisions of the Mining Act;
2. Collection of aggregates under the provisions of Article 22 of the Aggregate Collection
Act;
3. Designation of aggregate collection complex under the provisions of Article 34 of the
Aggregate Collection Act; or
4. Submarine mining for the purpose of the development of submarine mineral resources
under the Submarine Mineral Resources Development
Act.
Article 64 (Preparation Method, Etc. of Sea Area Utilization Effect Evaluation Report,
Etc.)
(1) Sea area utilization evaluation report, etc. under the provisions of Article 85 of the
Act shall be prepared according to a
scientific investigation method, etc. so as to
secure confidence according to the marine environment process test standards under
the provisions of Article 10.
(2) A sea area utilization effect agent (hereinafter referred to as the "evaluation agent")
under the provisions of Article 86 (1)
of the Act shall prepare faithfully an evaluation
report according to the contract and based on due diligence.
(3) An evaluation
agent shall prepare evaluation agency results until January 31 of every
year and report it to the Minister.
Article 65 (Registration Application, Etc. of Evaluation Agency)
A person who intends to register as an evaluation agent under the
provisions of Article 86
(1) of the Act shall attach documents falling under any of the following Subsections to a
registration
(alteration registration) application form and submit it to the Minister;
provided, however, that, in the event of confirming information
pertaining to the attached
documents through joint use of administrative information under the provisions of
Article 21 (1) of
the E-Government Act, the attached documents may be replaced with
only the confirmation. 1. One copy of corporate register (in the event of a person, a copy of the certificate of
business registration);
2. One copy of facility & equipment statement; provided, however, that, in the event of
entering into a contract to use the facility
and equipment of other person, one copy of the
contract; or
3. One copy to certify the retention status of technology capacity and its qualification.
Article 66 (Calculation Standard of Evaluation
Agency Expense)
The Minister shall determine the calculation standard of necessary expenses for the
service agency of an evaluation
agent registered under the provisions of Article 65 and
notify it to the public.
(1) The Minister shall, in the event of being requested a sea area utilization conference or
sea area utilization effect evaluation
(hereinafter referred to as the "sea area utilization
conference, etc.") from a disposition agency under the provisions of Article
91 (1) of
the Act, notify its review opinion within a period as determined by the Ordinance of
the Ministry of Land, Transport
and Maritime Affairs.
(2) Where a subject project of the competent sea area utilization conference, etc. greatly
affects the marine environment and it
may potentially cause environment damage
before the notification of opinion under the provisions of Article 91 (1) of the Act, the
Minister may make a field survey.
(3) The term "sea area utilization effect review institution as determined by Presidential
Decree" shall mean the National Fisheries
Research & Development Institute.
(4) In the event of falling under any of the following Subsections, the Minister may
request
a disposition agency to supplement documents of sea area utilization
conference, etc. 1. Where an effect analysis to affect marine environment is omitted or insufficient;
2. Where important matters such as providing an opinion of the sea area utilization
conference, etc. for the project without the
supplementation are omitted or insufficent;
3. Where the environment situation investigation, effect prediction, analysis and
reduction measures are not sufficient; and
4. Where the contents of the collected opinion of the interested party such as residents are
not reflected (limited to a sea area
utilization effect evaluation report.)
(5) The Minister's request for the supplementation under the provisions of Section (4)
shall
be limited to once in principle; provided, however, that, in the event of judging
that no opinion on the request of the sea area
utilization conference, etc. shall be
determined without additional supplementation, the same shall not apply.
(1) A person who intends to apply for an objection against the opinion notified under the
provisions of the former part of Article
92 (1) of the Act shall submit to the Minister a
demurrer application containing matters falling under any of the following
Subsections.
1. Contents and reasons of demur;
2. Contents to change a notified opinion; or
3. Analysis of effects according to the change of a notified opinion.
(2) The Minister who receives the demur under the provisions
of Article 92 (2) of the Act
shall notify to the demur applicant the review results of such contents containing
matters falling
under any of the following Subsections.
1. Whether or not to agree with the contents of the objection;
2. Propriety analysis results of the contents and reasons for demur; and
3. Suggestion of environment pollution reduction plan according to change of the notified
opinion.
Article 69 (Ex Post Facto Service)
(1) A disposition agency shall inform the Minister by January 31 of the following year of
the ex post facto service results such
as whether or not to enforce the agreed upon
matters under the provisions of Article 93 (2) of the Act.
(2) In the event that a sea area utilization operator or evaluation subject operator
(hereinafter referred to as the "sea area utilization
operator, etc.") have not enforced
contents of the sea area utilization conference, etc. and opinion on the sea area
utilization
conference, etc., a disposition agency shall order to take measures
necessary for such enforcement.
(3) Where the sea area utilization operator, etc. do not carry out a measure ordered under
the provisions of Section (2), the disposition
agency shall order to take second
measures and, in the event of not enforcing the second measure order until its due date,
shall
order to suspend the competent project until such order is carried out.
(4) In the event of taking measures or orders under the
provisions of Sections (2) and (3),
the disposition agency shall inform the Minister without delay of the contents.
Article 70 (Subject Target)
(1) Where the sea area utilization operator, etc. obtains a license, etc, for a project plan
under the provisions of Article 94
(1) and alters the project plan, a disposition agency
shall inform the Minister of it.
(2) Where a project scale is decreased and the changed project scale is subject to the
simple sea area utilization conference project
when applying Article 94 (1) of the Act,
it shall not be deemed as "a case of changing a project plan".
Article 71 (Marine Environment
Effect Investigation Subject Project, Etc.)
(1) Thee investigation period and investigation cycle by subject project which sea area
utilization operator, etc. shall investigate the marine environment effect under the
provisions of Article 95 (4) of the Act shall
be provided under the attached Table 17.
(2) Items to conduct the marine environment effect investigation under the provisions of
Article 95 (4) of the Act shall be provided with each of the following Subsections:
1. Items in which the marine environment standards under the provisions of Article 8 (1)
of the Act shall be designated; and
2. Items in which the marine environment standards under the provisions of Article 8 (1)
of the Act is not designated but designated
by the Minister in the event of notifying
the opinion for sea area utilization statement or sea area utilization effect evaluation
statement under the provisions of Article 91 (1) of the Act.
CHAPTER IX. MARINE ENVIRONMENT MANAGEMENT CORPORATION
Article 72
(Projects of Corporation)
(1) The term "project as determined by Presidential Decree" under the provisions of item
C of Subsection 3 of Article 97 (1) of
the Act shall mean projects falling under any of
the following Subsections:
1. Preparation agency of a vessel marine pollution emergency plan under the provisions
of Article 31 (1) of the Act and a maritime
facility pollution emergency plan under the
provisions of Article 35 (1) of the Act;
2. International cooperation related to marine pollution prevention;
3. Research, development and technology service business related to marine pollution
prevention;
4. Training, education and public relations related to marine pollution prevention; and
5. Management of a sunken ship (including a ship to be sunken and a foundering ship).
(2) The term "project as determined by Presidential
Decree" under the provisions of
Subsection 8 of Article 97 (1) of the Act shall mean projects falling under any of the
following
Subsections:
1. Affairs regarding components, concentration, weight and volume of wastes under the
provisions of Article 76 (2);
2. Marine pollution effect investigation under the provisions of Article 77 (1);
3. Vicarious execution of preparation of a sea area utilization effect evaluation report
under the provisions of Article 86 (1);
4. Performance test for a marine environment measurement apparatus or materials and
chemicals under the provisions of Article 110
(5);
5. Operation of a vessel for disposal of wastes;
6. Leasing business of portfolios for securing financial resources of marine environment
related projects;
7. Management of abandoned vessels;
8. Projects which a corporation may conduct under the provisions of other laws and
regulations; and
9. Projects necessary for the purpose of establishment of the corporation and which is
subject to approval by the Minister.
(3) The term "facility as determined by Presidential Decree" under the provisions of
Article 97 (2) shall mean a facility falling
under any of the following Subsections:
1. Marine environment measurement facility under the provisions of Article 9 (1) of the
Act;
2. Inflow prevention facility of pollutant substances and the collection and disposal
facility of pollutant substances under the
provisions of Article 18 (1) of the Act;
3. Storage facility of pollutant substances under the provisions of Article 38 of the Act;
4. Vessel scrapping plant under the provisions of Article 111 (3) of the Act;
5. Incidental facilities related to disposal of wastes which are discharged into the ocean or
are incoming; and
6. Facilities necessary for the purpose of establishment of a corporation, of which
installation is approved by the Minister.
Article 73 (Operation of Council, Etc.)
(1) Matters of any of the following Subsections under the provisions of Article 102 (5) of
the Act shall undergo a decision of a
council.
1. Matters regarding project plans, budgets and account settlement of the corporation;
2. Matters regarding alteration of the Articles of Incorporation;
3. Matters regarding contribution, donation and borrowing under the provisions of Article
104;
4. Matters regarding issue of bonds under the provisions of Article 106;
5. Matters regarding enactment, revision and abrogation of provisions enacted by the
Articles of Incorporation;
6. Matters regarding acquisition, management and disposal of important properties;
7. Matters regarding dissolution and liquidation of a corporation; and
8. Matters regarding lawsuits and settlement.
(2) Other matters necessary for operation of a council shall be determined by the Articles
of Incorporation.
Article 74 (Contribution)
The corporation shall, in the event of contributing or donating under the provisions of
Article 104 (1) of the Act, submit a plan
containing matters falling under any of the
following Subsections to the Minister.
1. Necessity of contribution or donation;
2. Type and price of properties to be contributed and donated;
3. Contribution or donation subject of the project summary; and
4. Other matter necessary for contribution or donation.
Article 75 (Borrowing)
The corporation shall, in the event of intending to obtain approval of fund borrowing
under the provisions of Article 104 (3) of
the Act, submit a borrowing approval
application form containing matters falling under any of the following Subsections to the
Minister. 1. Reason for borrowing and its amount;
2. Place to be borrowed;
3. Condition of borrowing;
4. Repayment method and repayment period of borrowing amount; and
5. Copy of minutes of council which fund borrowing was determined.
Article 76 (Type of Bonds)
Bonds to be issued by the corporation under the provisions of Article 106 (1) of the Act
shall be an unregistered type; provided,
however, that, in the event of a request from a
subscriber or bearer, it may be a registered type.
Article 77 (Issuance Method
of Bonds)
(1) Bonds to be issued by the corporation shall be issued by method of subscription or
acquisition or sales.
(2) Where bonds are issued in the method of sales under the provisions of Section (1), the
sales period and matters falling under
the provisions of Subsection 1 through 6 of
Article 78 (2) shall be notified in advance to the people.
Article 78 (Subscription
of Bonds, Etc.)
(1) A person who intends to subscribe for the collection of bonds shall write the number
and acquisition price of bonds to be acquired
and address of the subscriber in two
copies of bond subscription form and sign and seal them; provided, however, that, in
the event
of determining the minimum price of a bond and issuing it, the subscription
price shall be stated.
(2) The bond subscription application form shall contain matters falling under any of the
following Subsections:
1. Name of the corporation;
2. Total issuing amount of bonds;
3. Par value of bonds by type;
4. Interest of bonds;
5. Method and period of bonds repayment and method of disbursing interest;
6. Price of bond issuance and its minimum price;
7. Total amount where there are bonds not to be paid; and
8. Where there is a company to be entrusted with the collection of bonds, its trade name
and address.
Article 79 (Method of Acquisition)
In the event of acquiring total amount of bonds by contract, Article 78 shall not apply.
Where a company which the collection of
bonds is entrusted acquires part of such bonds,
the same shall apply to the acquired bonds.
Article 80 (Total Bond Issuance Amount)
In the event of issuing bonds, even if the total amount which is actually subscribed to is
less than the total amount of issued
bonds which is stated in the bond subscription form,
the corporation may indicate the intention of bonds to be issued. In this case,
the total
subscription amount shall be the total issuance amount.
Article 81 (Payment of Bond Subscription Price Etc.)
(1) In
the event of finalizing the subscription of bonds, the corporation shall pay the total
amount of bond value acquired by a subscriber
without delay.
(2) A company in which the collection of bonds is entrusted may conduct the act under
the provisions of Section
(1) in its name for the corporation.
(3) In the event of issuing bonds in a method of subscription, if the total amount of
payment
corresponding to its total issuance amount is not paid, it shall be issued.
Article 82 (Written Matters of Bonds)
The bonds shall contain matters falling under any of the following Subsections and the
president of the corporation shall sign and
seal it:
1. Name of the corporation;
2. Matters falling under the provisions of Subsections 2 through 5 of Article 78 (2) (in the
event of issuing bonds by method of
sale, the provisions of Subsection 2 of Article 78
(2) shall be excluded);
3. Number of bonds; and
4. Issuance year and date of bonds.
Article 83 (Original Register of Bonds)
(1) The corporation shall keep the original register of bonds and state matters falling
under any of the following Subsections:
1. Number of bonds by type and its number;
2. Issuance year and date of bonds; and
3. Matters falling under the provisions of Subsections 2 through 5 and 8 of Article 78 (2).
(2) Where the bond is a registered type,
matters falling under any of the following
Subsections other than the matters of each Subsection of Section (1) shall be stated:
1. Name and address of the bond holder; and
2. Acquisition date of bonds.
(3) An owner or holder of a bond can request for the perusal of the original register of
bonds at
any time during the working hours of the corporation.
Article 84 (Interest Deficiency)
(1) In the event of repaying an unregistered bond with interest, if such interest is deficient,
the amount corresponding to the
interest shall be deducted from the repayment
amount.
(2) Holder of interests under the provisions of Section (1) may request for the
disbursement of the amount deducted by such interest
and repayment.
Article 85 (Notice to Bond Holder, Etc.)
(1) The corporation shall give a notification or call a notice at an address, which stated in
its bond subscription form, to a subscriber
or the person reserved with rights prior to
issuing bonds.
(2) The corporation shall give a notification or call a notice to a holder of an unregistered
bond in the method of announcement;
provided, however, that, in the event of
knowing the address, the same shall not apply.
(3) The corporation shall give a notification or call a notice at an address, which is stated
in a bond subscription form, to a
holder of a registered bond. In this case, where the
corporation is notified of the address, it shall be served at the respective
address.
Article 86 (Project Operation Plan and Budget)
(1) The corporation shall prepare a project operation plan and budget plan of the
following fiscal year by November 30 of every
year under the provisions of Article
107 (2) of the Act and submit them to the Minister and obtain its approval.
Article 87 (Submittal of Account Settlement)
Account settlement of every fiscal year which the corporation submits to the Minister
under the provisions of Article 107 (3) of
the Act shall be attached with documents
falling under any of the following Subsections.
1. Financial statement and profit & loss statement of each year;
2. Project plan of each year and comparison table of the execution results;
3. Audit report of accounting corporation; and
4. Other documents necessary for the clarification of settlement contents.
CHAPTER X. SUPPLEMENTARY PROVISIONS
Article 88 (Entering Agreement)
(1) Where the vessel safety technology authority and classification society under the
provisions of Article 112 (1) and (2) intend
to enter into an agreement, a conclusion of
an agreement shall be filed to the Minister as determined by the Ordinance of the
Ministry
of Land, Transport and Maritime Affairs.
(2) The period of agreement under the provisions of Section (1) shall be not longer than
five years, and may be extended as determined
by the Minister and Commissioner of
the Korean Coast Guard.
(3) Matters to be included in the agreement under the provisions of Section (1) shall be
prescribed under the attached Table 18.
(4) In the event of entering into an agreement, the Minister and Commissioner of the
Korean Coast Guard shall publicly notify its
contents.
Article 89 (Entrance Inspection and Report, Etc.)
(1) In the events falling under any of the following Subsections under the provisions
of
Article 115 (1) of the Act, the Minister may have its public official perform an
entrance inspection affair to a vessel, business
place or office related to vessels.
1. In the event of being necessary for pollution prevention of vessels; and
2. In the event of being deemed necessary for entering a vessel, business place or office
related to vessels after reviewing data
reported from an agency institution.
(2) Entrance inspection and report to vessels under the provisions of Subsection 1 of
Section
(1) may be enforced once a year for each vessel; provided, however, that the
same shall not apply to a special case such as vessel
accidents, etc.
(3) In the events falling under any of the following Subsections, the Minister may have
its public officials enter
and inspect affairs of maritime facilities under the provisions
of Article 115 (1) of the Act.
1. In the event of checking whether collection, disposal and storage of pollutant
substances under the provisions of Subsection 1
of Article 37 (1) of the Act and the
provision of Article 38 of the Act are illegal;
2. In the event of judging that a maritime facility reported under the provisions of Article
33 of the Act discharges residual organic
pollution materials under the provisions of
Article 39 of the Act exceeding its criteria in an environment management sea area;
3. In the event of checking whether or not to be legal in a process of which a vessel oil
supplier under the provisions of Article
45 of the Act supplies fuel-oil to a vessel;
4. In the event that there is suspicion that a person who has installed an oil mist emission
controller under the provisions of Article
47 (2) of the Act discharges oil-mist; and
5. Where data submitted related to the business activity of waste marine collection
businesses and accumulated pollutant substance
collection businesses under the
provisions of Subsections 4 and 5 of Article 70 (1) of the Act is insufficient or
inaccurate.
(4) In the event falling under any of the following Subsections, the Commissioner of the
Korean Coast Guard may have data, as determined
by the Ordinance of the Ministry
of Land, Transport and Maritime Affairs, submitted or reported, or enter the facility to
confirm
and inspect it thereof.
1. In the event of checking whether or not to furnish a maritime facility pollutant
substance record under the provisions of Article
34 of the Act and to maintain the
records;
2. In the event of checking whether or not to enforce a maritime facility pollution
emergency plan under the provisions of Article
35 of the Act and finding that it is
appropriate;
3. In the event of checking whether or not to appoint a marine pollution prevention
manager under the provisions of Article 36 of
the Act and finding that training is
completed and service management is well;
4. In the event of checking whether or not to keep the materials, chemicals and to arrange
and install a prevention ship under the
provisions of Articles 66 and 67 of the Act;
5. In the event of checking that a waste marine dumping business, marine pollution
prevention business and oil-tank cleaning business
under the provisions of
Subsections 1 through 3 of Article 70 (1) of the Act perform its respective obligation
under the provisions
of Article 72 of the Act; and
6. In the event of checking whether or not to perform the obligation of waste consignor
under the provisions of Article 76 of the
Act.
(5) The term "emergency situation as determined by Presidential Decree" under the
provisions of Article 115 (3) of the Act shall
mean cases falling under any of the
following Subsections:
1. In the event of generating marine pollution in a vessel;
2. In the event that there are risks that marine pollution may be generated due to vessel
accident; and
3. Where marine pollution of which cause is unknown is generated and its cause cannot
be confirmed.
Article 90 (Marine Environment Observer)
(1) The Minister or Commissioner of the Korean Coast Guard may appoint as a marine
environment observer a person falling under any
of the following Subsections among
its public officials. 1. A person who is a marine engineer, marine resource developer, marine environment
engineer, marine investigation engineer, shipbuilding
engineer, water quality
environment engineer, air quality environment engineer, waste disposal engineer,
chemical engineer, dangerous
material engineer or higher or acquires the qualification
of third class mater, engineering officer or navigator;
2. A person who has experience of more than one year working in a field related to
marine environment;
3. A person appointed as an open port supervising officer under the provisions of Article
17 (1) of the Enforcement Decree of the
Public Order in Open Port Act; and
4. A person appointed as a vessel inspector under the provisions of Article 76 of the
Vessel Safety Act. 1. A marine environment observer under the Minister:
A. Matters regarding entrance inspection and report under the provisions of
Article 89
(1);
B. Supervision of waste incoming into a marine space or discharging into the ocean;
C. Investigation of water quality and pollution
sources in a marine space;
D. Direction and inspection to a business facility of a waste marine collection operator
and accumulated
pollutant substance collection operator;
E. Investigation of pollution source for the improvement of the marine environment in an
environment management sea area; and
F. Direction check-up for emission supervision of pollutant substances from a maritime
facility and marine pollution thereby (excluding
affairs related to a maritime facility
pollutant substance record, maritime facility pollution emergency plan and marine
pollution
prevention manager.)
2. A marine environment observer under the Commissioner of the Korean Coast Guard:
A. Matters regarding entrance inspection and report
under the provisions of Subsection 8
of Article 94 (2);
B. Direction check-up for emission supervision of pollutant substances from a maritime
facility and marine pollution thereby (limited
to affairs related to a maritime facility
pollutant substance record, a maritime facility pollution emergency plan and a marine
pollution prevention manager.)
C. Inspection and guidance for facilities operated by a waste marine discharging business,
marine pollution prevention business,
oil tank cleaning business and a waste
subcontractor;
D. Inspection on the arrangement and installation of a prevention ship and the provision
of materials and chemicals in a maritime
facility; and
E. Investigation and collection, etc. of pollution samples for identification and analysis in
the event of being
deemed that pollutant substances are discharged or are suspected of
discharging.
Article 90 (National Support, Etc.)
A business and act which the State or local government can support to a private group
under the provisions of Article 119 (3) of
the Act shall be provided under any of the
following Subsections:
1. Marine pollution supervision and marine environment purification activity;
2. Marine pollution prevention work;
3. Research & development related to marine environment; and
4. Investigation, research, advertisement and education of marine environment.
Article 92 (Training Education for Marine Pollution
Prevention Manager, Etc.)
(1) A marine pollution prevention manager or technology staff who engages in a marine
environment management
business shall take training and education courses
necessary for the performance of relevant duties and falling under any of the
following Subsections:
1. Course for a marine pollution prevention manager of vessel;
2. Course for a marine pollution prevention manager of maritime facilities; and
3. Course for marine pollution prevention and control of marine environment
management business.
(2) The corporation shall operate training and education courses of Section (1) under the
provisions of Subsection 6 of Article
123 (3) of the Act and Subsection 6 of Article 95
(1) of this Decree.
(3) Matters regarding the acknowledgement of training and education courses similar to
the training and education courses of Section
(1) shall be determined by the Ordinance
of the Ministry of Land, Transport and Maritime Affairs.
Article 93 (Exemption of Fee Collection)
Where a payment obligor of a prevention share under the provisions of Article 69 (1) of
the Act entrusts the corporation with arrangement
and installation of prevention ship, etc.
under the provisions of Article 67 of the Act when the corporation collects fees due to
the arrangement and installation of prevention ships, etc. under the provisions of Article
122 (2), the fees may be exempted.
Article 94 (Delegation of Authorities)
(1) The Minister may delegate its authorities on the designation and announcement of a
professional inspection institution under
the provisions of Article 23 (4) of the Act
and Article 35 of this Decree to the Commissioner of the Korean Coast Guard under
the
provisions of Article 123 (1) of the Act.
(2) The Minister may delegate its authorities on any matters of the following Subsections
to the Commissioner of the Korean Coast
Guard under the provisions of Article 123
(1) of the Act. 1. Imposition collection of surcharge under the provisions of Subsection 1 of Article 19
(1) of the Act;
2. Registration of a waste marine dumping business under the provisions of Subsection 1
of Article 70 (1) of the Act;
3. Acceptance of taking over wastes and undertaking statement under the provisions of
Article 72 (3) of the Act;
4. Order for the proper disposal of wastes to a waste marine dumping business under the
provisions of Article 73 of the Act;
5. Acceptance of the right and obligation succession report of a waste marine dumping
business under the provisions of Article 74
(3) of the Act;
6. Order to cancel the registration of a waste marine dumping business or to suspend the
business thereof under the provisions of
Article 75 (1) of the Act;
7. Acceptance of declaration and alteration declaration of a waste consignor under the
provision of Article 76 (1) of the Act;
8. Order of a vessel entrance inspection and report, etc. falling under any of the following
items under the provisions of Article
19 (1) of the Act;
A. Korean vessel which navigates in Korean seas; or
B. A vessel as a Korean vessel to navigate in international
sea routes and which the head
of a regional maritime affairs and port office does not conduct an entrance inspection
under the
provisions of Subsection 19 of Article 94 (4).
9. Hearing for the registration cancellation of a waste marine dumping business under the
provisions of Subsection 2 of Article 120
of the Act.
(3) The Minister may delegate its authorities on any matters of the following Subsections
to the head of the National
Fisheries Research & Development Institute under the
provisions of Article 123 (1) of the Act.
1. Operation of a marine environment measurement network under the provisions of
Article 9 (1) of the Act;
2. Deleted 3. Quality management under the provisions of Article 12 (1) of the Act;
4. Order to improve and supplement under the provisions of Article 12 (2) of the Act;
5. Certification of measurement and analysis capacity under the provisions of Article 13
(1) of the Act;
6. Renewal of quality management and measurement and analysis capacity under the
provisions of Article 13 (2) of the Act;
7. Cancellation of measurement and analysis capacity under the provision of Article 13
(3) of the Act;
8. Deleted 9. Type approval of marine environment measurement apparatus under the provisions of
Article 110 (1) of the Act;
10. Quality inspection and official approval of correction goods of marine environment
measurement apparatus under the provisions
of Article 110 (2) of the Act;
11. Performance test of marine environment measurement apparatus under the provisions
of Article 110 (5) of the Act;
12. Official approval of marine environment measurement apparatus under the provisions
of Article 110 (6) of the Act;
13. Cancellation of type approval and business suspension of marine environment
measurement apparatus under the provisions of Article
110 (9) of the Act;
14. Hearing for cancellation of measurement and analysis capacity under the provisions
of Article 120 (1) of the Act; or
15. Hearing for cancellation of type approval of marine environment measurement
apparatus under the provisions of Article 120 (5)
of the Act.
(4) The Minister may delegate its authorities on any matters of the following Subsections
to the head of a regional
maritime affairs and port office under the provisions of
Article 123 (1) of the Act:
1. Marine environment improvement measures under the provisions of Article 18 (1) of
the Act;
2. Declaration of maritime facilities under the provisions of Article 33 (1) of the Act;
3. Inspection or preliminary inspection of marine pollution prevention facilities, etc.
under the provisions of Articles 49 through
54 of the Act;
4. Issuance of an agreement inspection certificate under the provisions of Article 55 (1)
of the Act;
5. Order to take measures against inappropriate vessels and a disposal to suspend its
navigation under the provisions of Article
58 (1) and (2) of the Act;
6. Port state control for marine pollution prevention under the provisions of Article 59 (1)
of the Act;
7. Re-inspection under the provisions of Article 60 of the Act;
8. Registration of waste marine collection business and accumulated pollutant substance
collection business under the provisions
of Subsections 4 and 5 of Article 18 (1) of the
Act;
9. Acceptance of the succession declaration of rights and obligations of a waste marine
collection business and accumulated pollutant
substance collection business under the
provisions of Article 74 (3) of the Act;
10. Order to cancel the registration of waste marine collection business and accumulated
pollutant substance collection business
and order to suspend its business under the
provisions of Article 75 (1) of the Act;
11. Sea area utilization conference (excluding the case in which a disposal agency is a
central administrative agency) under the
provisions of Article 84 (1) of the Act;
12. Sea area utilization effect evaluation (excluding the case in which a disposal agency
is a central administrative agency) under
the provisions of Article 85 (1) of the Act;
13. Registration of an evaluation agent under the provisions of Article 86 of the Act;
14. Order to cancel the registration of an evaluation agent and order to suspend its agency
under the provisions of Article 89 (1)
of the Act;
15. Type approval of a type approval subject facility under the provisions of Article 110
(3) of the Act;
16. Performance test of type approval subject facilities under the provisions of Article
110 (5) of the Act;
17. Official approval of type approval subject facilities under the provisions of Article
110 (6) of the Act;
18. Cancellation and business suspension of type approval of a type approval subject
facility under the provisions of Article 110
(9) of the Act;
19. Entrance inspection and report of a vessel (excluding Korean vessels to navigate in
Korean sea areas) and maritime facility under
the provisions of Article 115 (1) of the
Act;
20. Designation of a marine environment observer under the provisions of Article 116 (1)
of the Act;
21. Order to stop, search and seize, and prohibit entry and departure of a vessel at a port
under the provisions of Article 117 of
the Act;
22. Hearing for cancellation of registration of a waste marine collection business and
accumulated pollutant substance collection
business under the provisions of Article
120 (2) of the Act;
23. Hearing for cancellation of registration of an evaluation agent under the provisions of
Article 120 (4) of the Act;
24. Hearing for cancellation of type approval of a type approval subject facility and
suspension of its business under the provisions
of Article 120 (5) of the Act; or
25. Imposition and collection of fees under the provisions of Article 133 (1) of the Act.
(5) The Commissioner of the Korean Coast
Guard may delegate its authorities on any
matters of the following Subsections to the head of a regional marine police office
under
the provisions of Article 123 (1) of the Act.
1. Official seal of a maritime facility pollution emergency plan under the provisions of
Article 35 (1) of the Act;
2. Prevention measure orders and prevention measures under the provisions of Article 64
(3) of the Act;
3. Order to prohibit the entry and departure of a vessel at a port or to suspend the use of
facilities under the provisions of Article
67 (3) of the Act;
4. Order for preventive measures or emission prevention measures under the provisions
of Article 67 (4) of the Act;
5. Preventive measure and expense-sharing measures under the provisions of Article 68
(1) and (2) of the Act;
6. Registration of marine pollution prevention business and oil-tank cleaning business
under the provisions of Subsections 2 and
3 of Article 70 (1) of the Act;
7. Acceptance of a disposal report regarding prevention, and cleaning and collection of
pollutant substances under the provisions
of Article 72 (1) of the Act;
8. Acceptance of succession declaration of rights and obligations of a marine pollution
prevention business and oil-tank cleaning
business under the provisions of Article 74
(3) of the Act;
9. Order to cancel the registration of a marine pollution prevention business and oil-tank
cleaning business and to suspend its business
under the provisions of Article 75 (1) of
the Act;
10. Acceptance of a declaration of vessel dismantlement and correction under the
provisions of Article 111 (1) of the Act;
11. Request for cooperation of relevant institutions under the provisions of Article 114
(1) of the Act;
12. Order to take an entrance inspection and report under the provisions of Article 115
(2) and (3) of the Act;
13. Designation of a marine environment observer under the provisions of Article 116 (1)
of the Act;
14. Order to stop, search and seize, and prohibit the entry and departure of a vessel at a
port under the provisions of Article 117
of the Act;
15. Hearing for cancellation of registration of a waste marine collection business and
accumulated pollutant substance collection
business under the provisions of
Subsection 2 of Article 120 of the Act;
16. Imposition and collection of fees under the provisions of Article 133 (1) of the Act;
Article 95 (Entrustment of Affairs)
(1) The Minister among sea area management agencies may entrust affairs falling under
any of the following Subsections to the president
of the corporation according to the
provisions of Article 123 (3) of the Act.
1. Management of marine environment improvement measures under the provisions of
Article 18 (1) of the Act;
2. Operation of a vessel or disposal facility under the provisions of Article 24 (3) of the
Act;
3. Installation and operation of pollutant substance storage facilities under the provisions
of Article 38 (1) of the Act;
4. Installation and operation of maintaining facilities under the provisions of Article 66
(1) of the Act;
5. Installation and operation of vessel scrapping plants under the provisions of Article
111 (3) of the Act;
6. Training and education of marine pollution prevention manager, etc. under the
provisions of Article 121 of the Act;
(2) In the event of entrusting its affairs under the provisions of Article 123 (3) of the Act,
the Mayor/Do governor among sea area
management agencies shall enter into an
entrustment agreement.
(3) In the event of entering into an entrustment agreement, it shall contain matters falling
under any of the following Subsections:
1. Scope of entrustment project;
2. Matters regarding the management of entrustment project;
3. Entrustment contract period (including matters regarding amendment and renewal of
the contract period and termination of entrustment
agreement);
4. Matters regarding payment of entrustment price;
5. Matters regarding management and supervision of entrusted affairs; and
6. Matters regarding the sub-entrustment of parts of the entrusted affairs.
Article 96 (Data Submittal)
In the event of conducting the affairs entrusted under the provisions of Article 123 (1) of
the Act, the Commissioner of the Korean
Coast Guard, head of the regional marine
police office, head of the National Fisheries Research & Development Institute or head
of a regional maritime affairs and port office shall submit data regarding the affairs
thereof to the Minister or Commissioner
of the Korean Coast Guard.
CHAPTER XI. PENAL PROVISIONS
Article 97 (Pollutant Substances)
The term "pollutant substances as determined by Presidential Decree" under the
provisions of Subsection 1 of Article 132 (2) of
the Act shall mean materials, such as
wastes of excretions and polluted water, etc. and dangerous liquid material, exceeding
the
disposal criteria as determined by the Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
Article 98 (Imposition of Fine for Negligence)
(1) In the event of imposing a fine for negligence under the provisions of Article 133 of
the Act, the Minister or Commissioner
of the Korean Coast Guard (hereinafter
referred to "imposer" in this Article) shall investigate and confirm the relevant
violations
and state in writing such violations, amount of fine for negligence,
objection method and period, etc. and notify the disposal target
of paying the fine for
negligence.
(3) In the event of determining an amount of the fine for negligence under the provisions
of Section (1), the imposer may reduce
the imposition amount within the range of
50 % by taking into consideration the business scale of the disposal target of the fine
for negligence and the motive and results of the relevant violations, etc., and the
imposition criteria shall be provided under
the attached Table 19.
(4) Collection procedure of a fine for negligence shall be determined by the Ordinance of
the Ministry of
Land, Transport and Maritime Affairs.
ADDENDA (Enforcement Decree of the Framework Act on Marine and Fisheries
Development)
Article 1 (Effective Date)
This Decree shall enter into force from the date of its promulgation; provided, however,
that, .....
Section (2) Part of the Enforcement Decree of the Marine Environment Management Act
shall be amended as follow:
"Marine environment management committee under the provisions of Article 17 (1) of
the Act" in the provision of Article 9 (4) shall
be amended as "marine and fisheries
development committee under provisions of Article 7 of the Framework Act on Marine
and Fisheries
Development".
Articles 18 through 23 Deleted
Latter Part of Article 36 (1) Deleted
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