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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 288
ENFORCEMENT DECREE OF THE ACT ON ASSESSMENT OF IMPACTS OF WORKS ON ENVIRONMENT, TRAFFIC, DISASTERS, ETC.
WhollyAmended by Presidential Decree No. 17089, Dec. 30, 2000 Amended by Presidential Decree No. 17137, Feb. 24, 2001 Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 17999, Jun. 13, 2003
Presidential Decree No. 18039, Jun. 30, 2003
Presidential Decree No. 18108, Sep. 29, 2003
Presidential Decree No. 18147, Nov. 29, 2003
Presidential Decree No. 18154, Dec. 3, 2003
Presidential Decree No. 18267, Jan. 29, 2004
Presidential Decree No. 18390, May 24, 2004
Presidential Decree No. 18457, Jun. 29, 2004
Presidential Decree No. 18463, Jun. 29, 2004
Presidential Decree No. 18607, Dec. 28, 2004
Presidential Decree No. 18695, Feb. 7, 2005
Presidential Decree No. 18736, Mar. 8, 2005
Presidential Decree No. 18796, Apr. 22, 2005
Presidential Decree No. 18818, Apr. 30, 2005
Presidential Decree No. 18931, Jun. 30, 2005
Presidential Decree No. 19052, Sep. 16, 2005
Presidential Decree No. 19073, Sep. 30, 2005
Presidential Decree No. 19162, Dec. 1, 2005
Presidential Decree No. 19317, Feb. 3, 2006
Presidential Decree No. 19373, Mar. 8, 2006
Presidential Decree No. 19639, Aug. 4, 2006
Presidential Decree No. 19802, Dec. 29, 2006
Presidential Decree No. 19883, Feb. 12, 2007
Presidential Decree No. 20077, Jun. 1, 2007
Presidential Decree No. 20290, Sep. 27, 2007
Presidential Decree No. 20297, Sep. 28, 2007
Presidential Decree No. 20383, Nov. 15, 2007
Presidential Decree No. 20428, Nov. 30, 2007
Presidential Decree No. 20544, Jan. 11, 2008
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 21037, Sep. 25, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide matters delegated in the Act on Assessment of Impacts
of Works on Environment, Traffic,
Disasters, etc. and those necessary for the enforcement thereof.
1. National defense and military facilities;
2. Excreta treatment facilities under subparagraph 10 of Article 2 of the Sewerage Act or public
treatment facilities under subparagraph
9 of Article 2 of the Act on the Management and Use of
Livestock Excreta;
3. Residential facilities;
4. Religious facilities;
5. Medical facilities;
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6. Business facilities;
7. Viewing and gathering facilities;
8. Exhibition facilities;
9. Sales facilities;
10. Lodging facilities;
11. Amusement facilities;
12. Automobile-related facilities;
13. Broadcast and communications facilities;
14. Factories;
15. Educational and research facilities;
16. Storage facilities;
17. Sightseeing and resting facilities;
18. Social welfare facilities;
19. Dangerous article sales facilities;
20. Neighborhood living facilities;
21. Facilities related to funeral and graves;
22. Youth training facilities;
23. Animal-related facilities; and
24. Public facilities not corresponding to subparagraphs 1 through 23.
(2) The term "other projects as determined by the Presidential
Decree" in Article 4 (1) 15 of the
Act means the project falling under any of the following subparagraphs: Provided, That subparagraph
1 shall be limited to the field of environmental impact assessment, and subparagraph 2 to the field
of traffic impact assessment:
1. Collecting project of clay and pebbles, sand, gravel, minerals, etc.; and
2. Private investment project under subparagraph 5 of Article 2 of the Act on Private Participation
in Infrastructure.
(3) The scope of projects subject to the execution of impact assessment under Article 4 (3) of the Act
(hereinafter referred to
as the "subjected project") shall be as the attached Table 1.
Article 3 (Scope of Project Subject to City/Do Impact Assessment)
(1) The term "scope as determined by the Presidential Decree" in Article 4 (4) of the Act means that
falling under any of the following
subparagraphs:
1. Not less than 50/100 of the size under the attached Table 1; and
2. Projects not exceeding 50/100 of the size under the attached Table 1 or those not stipulated under
the attached Table 1 whose
scope has been consulted in advance by the Special Metropolitan City
Mayor, Metropolitan City Mayor, Do governor (hereinafter referred
to as the "Mayor/Do governor")
with the head of relevant central administrative agency.
(2) The scope under which the Special Metropolitan
City, Metropolitan
City and Do (hereinafter referred to as the "City/Do") may conduct a disaster impact assessment,
in case where
the apartments under subparagraph 2 (a) of the attached Table 1 of the Enforcement
Decree of the Building Act are built in the Class-
district unit planning zones under Article 51
(3) of the National Land Planning and Utilization Act, which are in the Seoul Metropolitan
area under
subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, notwithstanding
the provisions
of paragraph (1), shall be the area subject to the establishment of Class- district
unit planning zones under subparagraph 2 of
Article 49 of the National Land Planning and Utilization
Act. 1. Detailed analyses and assessments on the contents of the draft assessment statement;
2. Opinions of the residents and the head of relevant administrative agency on the draft assessment
statement under Article 7 (1),
and the analyses and assessments on the results of the public hearing
under Article 9 (5);
3. Contents of the draft business plans which are prepared by reflecting the results of impact assessments;
and
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
290
4. Plans for survey on the post environmental impacts under Article 25 (4) of the Act (limited to
the field of environmental impact
assessments).
(2) The assessment statements shall be prepared in the following structures:
1. Summary;
2. Business outline and the collection of residents' opinions;
3. Traffic field;
4. Disaster field;
5. Population field;
6. Environment field; and
7. Appendix.
(3) Preparation methods by each item under the provisions of paragraphs (1) and (2) and other matters
necessary for
the preparation of assessment statements shall be determined by competent assessment
field, and publicly notified, by the head of
relevant central administrative agency.
(4) The public notification under paragraph (3) shall contain the matters of the following
subparagraphs:
Provided, That subparagraph 5 shall be limited to the field of environmental impact assessment, and
subparagraph
6 to the field of traffic impact assessment:
1. Matters on fixing the area subject to impact assessments;
2. Matters on a survey on current status;
3. Prediction and analysis on impacts;
4. Contents of the measures for reducing impacts or the countermeasures for improvements;
5. Matters on a survey on post environmental impacts; and
6. Matters on the scope of allowable errors in the execution of traffic improvement countermeasures.
Article 5 (Preparation of Draft
Assessment Statement)
(1) The following matters shall be included in the draft assessment statement which is to be drawn
up under
Article 6 (3) of the Act:
1. Business outline;
2. Fixing of the areas subject to the environmental impact assessment;
3. Contents of a survey on current status by field of impact assessment;
4. Impact analysis and assessment by alternative plan for business plans;
5. Analysis and countermeasure for impacts (countermeasures for the field of disaster impact assessment
shall be limited to the relevant
business districts);
6. Analysis of unavoidable impacts on environments and the countermeasures for damages (limited
to the field of environmental impact
assessments); and
7. In the event that prior consultations are held about the environmental examination in accordance
with Article 25 of the Framework
Act on Environmental Policy, whether the outcome of such consultations
is reflected or not (limited to the field of environmental
impact assessment).
(2) Other matters necessary for those to be entered in the draft assessment statement and for its
preparation
methods, etc. shall be determined by competent field of assessment, and publicly notified,
by the head of relevant central administrative
agency.
Article 6 (Submission and Public Announcement of, and Open Access to, Draft Assessment Statement, etc.)
(1) When the project
executor intends to collect the opinions under Article 6 of the Act, he shall
submit the draft assessment statement prepared under
Article 5 to the heads of the following administrative
agencies. In this case, he shall also submit a written summary of the draft
assessment statement
that is compiled according to the form of electronic document prescribed and published by the heads
of central
administrative agencies concerned to the head of Si/Gun/Gu referred to in subparagraph
1: 1. The head of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply)
having jurisdiction over the
business area of subjected project: Provided, That it means the head
of Si/Gun/Gu having jurisdiction over the area which contains
the greatest part of area or length
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of the business area across the administrative regions of two or more Sis/Guns/Gus;
2. The head of Si/Gun/Gu having jurisdiction over the area subject to environmental impact assessment,
other than the head of Si/Gun/Gu
under the provisions of subparagraph 1;
3. The head of the approving agency under Article 17 (1) of the Act (hereinafter referred to as an
"approving agency");
4. The head of consulting agency on assessment statement under Article 17 (2) of the Act (hereinafter
referred to as a "head of consulting
agency");
5. The head of the basin environmental office or the head of the regional environmental office having
jurisdiction over the business
area of subjected project (limited to the field of environmental impact
assessment); and
6. The Mayor/Do governor related to the execution of subjected project: Provided, That in case
where the Mayor/Do governor is the
head of an approving agency, it shall be the head of the
central administrative agency in charge of the Acts and subordinate statutes
on the business.
(2) In submitting the draft assessment statement under paragraph (1), the project executor shall attach
the following
documents to it: 1. Where he has had an agent prepare it by proxy under Article 7 of the Act, a copy of an evidential
document as to whether a separate
contract therefor is concluded; and
2. Documents on the items and scopes of assessment deliberated by the Determinative Committee
on Items and Scopes of Assessments
under Article 29 (3) (Proviso) and (4) of the Act.
(3) The head of Si/Gun/Gu under paragraph (1) 1 (hereinafter referred to as the
"host head of Si/Gun/Gu")
shall, unless there is a natural disaster or any other special reasons, publish the business outline,
the term and the place for pubic perusal, the time and ways, etc. for residents to submit their opinions
(including their opinion
on whether to hold a public hearing) in not less than one central daily newspaper
and local daily newspaper in the relevant region
for not less than once, within 10 days from the date
of receiving a draft assessment statement under paragraph (1); and shall publicly
display the draft
assessment statement for not less than 20 days within the limit of not exceeding 60 days to the
residents, etc.
of the region subject to environmental impact assessment: Provided, That in case
where the head of approving agency, etc. under
Article 17 (2) of the Act (hereinafter referred to as
the "head of approving agency, etc.") requests that the relevant public notification
or public display
is not to be made on account of the following grounds, the whole or part of the draft assessment
statement may
not be publicly notified or displayed, and the host head of Si/Gun/Gu shall notify the
head of consulting agency thereof: 1. Where necessary for the national security, such as the protection of military secrets, etc.; and
2. Where the public disclosure is limited by the Acts and subordinate statutes.
(4) The host head of Si/Gun/Gu shall, in case where
he intends to make the public notification
under paragraph (3), refer in advance to the opinions of the head of Si/Gun/Gu under
paragraph
(1) 2 (hereinafter referred to as the "relevant head of Si/Gun/Gu"), and determine the contents thereof,
and ensure that
not less than one place of public display is to be included within the competent region
of the relevant head of Si/Gun/Gu.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
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etc. may publish the draft assessment statement and offer it for the public perusal on behalf of the
host head of Si/Gun/ Gu. In
this case, the head of the approving agency, etc. shall inform in advance
the host head of Si/Gun/Gu of the fact.
(2) The host head of Si/Gun/Gu shall notify the project executor, within 14 days from the date of
ending a public display period,
of the opinions notified or submitted under paragraph (1) and of whether
a public hearing is to be held. In this case, the host
head of Si/Gun/Gu may, if he has an opinion
on the contents of the draft assessment statement, notify such an opinion concurrently.
Article 8 (Holding of Explanatory Meeting)
(1) The project executor shall, in case where he intends to hold an explanatory meeting in order to
collect the residents' opinions
under Article 6 (1) of the Act, publicly notify the business outline and
the date and venue, etc. of the explanatory meeting on
not less than one central daily newspaper
and regional daily newspaper in the relevant region for not less than once respectively,
not later than
7 days prior to the scheduled date of holding the explanatory meeting; and hold the explanatory meeting
within 10
days from the beginning date of public display period under Article 6 (3). In this case,
if the project area extends over the areas
of not less than two Sis/Guns/Gus, the explanatory meeting
shall be held in each of the Sis/Guns/Gus, but such explanatory meeting
may be held in a single
place if the project executor consults with the heads of Sis/Guns/Gus thereabout.
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Article 9 (Holding of Public Hearing)
(1) The term "if there is a request from the residents within the extent prescribed by the Presidential
Decree" in the latter part
of Article 6 (1) of the Act, means any of the following subparagraphs:
1. Where the number of residents who have submitted an opinion on the necessity of a public hearing
under Article 7 (1) exceeds 30;
and
2. Where the number of residents who have submitted an opinion on the necessity of a public hearing
under Article 7 (1) is not less
than 5 but less than 30, and the said number constitutes not less
than 50/100 of the total number of residents who have submitted
an opinion on the draft assessment
statement.
(2) The project executor, who has received the notification of holding a public hearing from the host
head of Si/Gun/Gu under the
provisions of Article 7 (2) as he comes to fall under one of the requisite
of each subparagraph of paragraph (1), shall publicly
notify the business outline and the date, place
and presider of the public hearing on not less than one central daily newspaper
and regional daily
newspaper in the relevant region for not less than once respectively, not later than 14 days prior
to the scheduled
date of opening of the public hearing. In this case, he shall in advance make a consultation
with the host head of Si/Gun/Gu on
the date and venue, etc. of the public hearing.
(3) The residents in the area subject to an impact assessment may recommend the experts who are
to state the opinions at the public
hearing, and the presider of the public hearing shall have the relevant
experts state their opinions at the public hearing.
(4) In the event that the project executor is unable to hold the public hearing that is published in
accordance with paragraph (2)
twice on the grounds for which he is not to be held responsible or
the public hearing fails to proceed normally as scheduled even
if it is held, he may not hold such
public hearing. In this case, the project executor shall publish the grounds of not holding
the public
hearing and matters concerning the time and ways, etc. for persons who intend to put forth their
opinions at the public
hearing to put forth their opinions in the mutatis mutandis application of the
provisions of paragraph (2) and work to hear residents'
opinions in other ways.
(5) The project executor shall, within 7 days from the completion of public hearing, notify the host
head of Si/Gun/Gu or the relevant
head of Si/Gun/Gu of the results of public hearing, under the conditions
as determined by the Joint Ordinance of the Ministry of
Public Administration and Security, the Ministry
of Environment and the Ministry of Land, Transport and Maritime Affairs (hereinafter
referred to
as the "Joint Ordinance"). 1. Natural environment preservation areas under subparagraph 4 of Article 6 of the National Land
Planning and Utilization Act;
2. Natural parks under subparagraph 1 of Article 2 of the Natural Parks Act;
3. Wetlands protection area and management area of wetlands environs under Article 8 of the Conservation
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of Wetlands Act; and
4. Special countermeasure area under Article 22 of the Framework Act on Environmental Policy.
(2) The provisions of Articles 7 through
9 shall be applicable mutatis mutandis to the procedures
for collecting the opinions on the areas under paragraph (1).
Article
11 (Those Subject to Traffic Impact Assessment Excluding Opinion Collections)
The scope of project subject to traffic impact assessment
in which the collection of residents' opinions
is not made under Article 6 (5) of the Act shall be as follows:
1. Project subject to the deliberation by the local traffic impact deliberation council from among the
projects under subparagraph
2 (a) of the attached Table 1; and
2. Installation of facilities excluding those under each of the following items from among the facilities
under subparagraph 2 (b)
of the attached Table 1:
(a) Viewing and meeting facilities in excess of tenfold of the size subject to the least impact
assessment;
(b) Sales facilities in excess of tenfold of the size subject to the least impact assessment; and
(c) Facilities for the multi-usage
in excess of fifteenfold of the size subject to the least impact
assessment.
Article 12 Deleted.
Article 14 (Time for Submission of Assessment Statement, etc.)
(1) The time when the project executor liable for obtaining an approval,
etc. under Article 17 (1)
of the Act shall submit an assessment statement to the head of the approving agency, and the time
when
the head of the approving agency, etc. shall request the head of consulting agency to make
a consultation on the said assessment
statement under Article 17 (2) of the Act, shall be as shown
on the attached Table 1. In this case, the head of approving agency
in receipt of an assessment statement
from the project executor shall request the head of consulting agency to make a consultation
on the
assessment statement within ten days from the date of receiving the said assessment statement.
(2) Where a project executor
submits the assessment statement under Article 17 (1) of the Act or
a project executor who is not required to obtain the approval,
authorization, permit, license or decision,
etc. (hereinafter referred to as the "approval, etc.") under Article 17 (2) of the Act
requests the consultation
concerned, he shall submit the following documents with it:
1. Where he has had an agent prepare the assessment statement by proxy under Article 7 of the
Act, a copy of an evidential document
as to whether a separate contract therefor is concluded;
and
2. Documents on the items and scopes of assessment deliberated by the Determinative Committee
on Items and Scopes of Assessments
under Article 29 (3) of the Act.
(3) The number of copies of assessment statements to be submitted when the consultation is requested
under Article 17 (2) of the Act shall be determined by the Joint Ordinance.
(4) The scope of project subject to the traffic impact
assessment for which a consultation is to be
requested to the Mayor/Do governor under Article 17 (3) of the Act, shall be subject
to the deliberation
by the local traffic impact deliberation council under the provisions of subparagraph 2 of the attached
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Table 1.
Article 15 (Supplement to Assessment Statement)
The reason for supplementing the assessment statement under Article 18 of the Act shall be the
case where the assessment statement
has not been prepared according to its preparation methods
publicly notified by the head of related central administrative agency
under Article 4 (3), such as
the inadequacy of the survey on current status, the prediction, analysis and countermeasures for impacts,
etc.
Article 16 (Scope of Experts, etc.)
(1) The term "experts as determined by the Presidential Decree" in the former part of Article 19
(3) of the Act means the experts
recommended by the residents for the purpose of stating opinions
at the public hearing under Article 9 (3).
(2) The project liable for hearing an opinion of the Minister of Land, Transport and Maritime Affairs
under the latter part of Article
19 (3) of the Act shall be as follows:
1. Construction of harbors;
2. Reclamation of the foreshore and the land reclamation projects; and
3. Project which is deemed by the Minister of Maritime Affairs and Fisheries to cause a grave
impact to the maritime environments.
Article 17 (Composition and Operation, etc. of Disaster Impacts Assessment Committee)
(1) The disaster impacts assessment committee
under Article 19 (5) ofthe Act (hereafter in this Article
referred to as the "assessment committee") shall consist of more than
40 members but not exceeding
80, including the chairman, who is a Director General in charge of the disaster prevention or one of
Director General class, and the vice chairman who is elected by mutual votes among the members,
respectively, from among the public
officials belonging to the National Emergency Management Agency.
(5) If the chairman is unable to present himself at the assessment committee due to the unavoidable
reasons, the vice chairman shall
act on behalf of the chairman.
(6) The assessment committee shall deliberate on the following matters:
1. Assessment statement referred to under Article 17 of the Act;
2. Filing objections under Article 22 of the Act;
3. Matters on research and improvement of the disaster impacts assessment systems; and
4. Matters referred to by the chairman as he deems it necessary.
(7) The chairman of the assessment committee may, in case where
deemed necessary with respect
to the deliberative matters by the assessment committee, request the head of approving agency, etc.
to submit the data, or listen to the opinions by having the relevant parties present.
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(8) The meeting of the assessment committee shall be convened by the chairman, and shall consist
of the chairman and of not less
than 8 members but not more than 11 who are nominated by the
chairman at each meeting.
(9) The assessment committee shall make decision with the attendance of a majority of constituting
members under paragraph (8) and
with a concurrent vote of a majority of members present.
(10) Allowances, travel expenses and expenses for reviewing the assessment
statement may be paid
to the members of the assessment committee within the limit of budgets: Provided, That this shall
not apply
to the case where the members who are the public officials attend or review the assessment
statement in direct connection with their
competent affairs.
(11) Matters necessary for the operation of the assessment committee other than those as provided
in this Decree
shall be determined by the chairman through the resolution of the assessment committee.
Article 18 (Composition and Operation, etc.
of Central Traffic Impacts Deliberation Council)
(1) The central traffic impacts deliberation council under Article 19 (5) of the
Act (hereafter referred
to as the "central deliberation council" in this Article) shall consist of the members of not less than
29 but not more than 50, including one chairman and one vice chairman.
(2) The members of the central deliberation council shall be those appointed or commissioned by
the Minister of Land, Transport
and Maritime Affairs from among the public officials of the Director
General's class in the related Government offices and those
with rich knowledge and experience in
the traffic, road, urban planning, construction, etc. and those recommended by the citizen's
organizations.
(4) The central deliberation council shall deliberate on the following matters: 1. Traffic impacts assessment statement subject to the deliberation by the central deliberation council
under the provisions of the
attached Table 1;
2. Filing objections under Article 22 of the Act with respect to the matters of subparagraph 1; and
3. Matters referred to by the Minister of Land, Transport and Maritime Affairs or the chairman
as he deems it necessary.
(5) The meeting of the central deliberation council shall be convened by the Minister of Land, Transport
and Maritime Affairs or
the chairman, and shall consist of the chairman and 14 members who are
selected by the Minister of Land, Transport and Maritime
Affairs at each meeting under the random
selection method, such as the ballot.
(6) Where the Minister of Land, Transport and Maritime Affairs or the chairman intends to convene
the meeting of the central deliberation
council, he shall notify each member attending relevant meeting,
the related project executor and the head of related approving
agency of the detailed meeting agenda,
such as the date, time, and place of the meeting, and matters presented for discussion, not
later
than 7 days before opening the meeting: Provided, That where there exists a special reason, the
same shall not apply.
(7) Where there exists a request of the related project executor or the head of related approving agency,
the central deliberation
council shall endeavor that the related project executor or the head of related
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approving agency may sufficiently explain the matters, etc. on the traffic impacts assessment statement
subject to deliberation,
by attending the meeting.
(8) The provisions of Article 17 (3) through (5), (7), (9) through (11) shall be applicable mutatis mutandis
to the composition
and operation of the central deliberation council.
Article 19 (Composition and Operation, etc. of Local Traffic Impacts Deliberation
Council)
(1) The local traffic impacts deliberation council under Article 19 (5) of the Act (hereinafter referred
to as the "local
deliberation council") shall consist of the members of not less than 21 but not more
than 40, including one chairman and one vice
chairman.
(2) The members of the local deliberation council shall be those appointed or commissioned by the
Mayor/Do governor from among the
public officials in the related administrative offices and those
with rich knowledge and experience in the traffic, road, urban
planning, construction, etc. and those
recommended by the citizen's organizations.
(3) The chairman and vice chairman of local deliberation council shall be respectively selected from
among the members who are not
the public officials.
(4) The local deliberation council shall deliberate on the following matters:
1. Traffic impacts assessment statement subject to the deliberation by the local deliberation council
under the provisions of the
attached Table 1;
2. Filing objections under Article 22 of the Act with respect to the matters of subparagraph 1;
3. Whether or not a reassessment is to be made under Article 32 (4) of the Act; and
4. Matters referred to by the Mayor/Do governor or the chairman as he deems it necessary.
(5) The meeting of the local deliberation
council shall be convened by the Mayor/Do governor or the
chairman, and shall consist of the chairman and 10 members who are selected
by the Mayor/Do governor
by the random selection method, such as ballot, at each meeting.
(6) Where the Mayor/Do governor or the chairman intends to convene the meeting of the local deliberation
council, he shall notify
each member attending relevant meeting, the related project executor and the
head of related approving agency of the detailed meeting
agenda, such as the date, time, and place
of the meeting, and matters presented for discussion, not later than 7 days before opening
the meeting:
Provided, That where existing a special reason, the same shall not apply.
(7) Where there exists a request of the related project executor or the head of related approving agency,
the local deliberation
council shall have the related project executor or the head of related approving
agency may sufficiently explain the matters, etc.
on the traffic impacts assessment statement subject
to deliberation, by attending the meeting.
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298
agency may, in case where there exist any inevitable reasons, extend the period for consulting on
the assessment statement up to
15 days limited to only once. In this case, the period needed for supplementing
the assessment statement by the project executor
shall not be counted into the consultation period.
Article 21 (Composition, etc. of Impact Assessment Adjustment Council)
(1) The
head of approving agency, etc. shall, pursuant to Article 20 (2) of the Act, request the Minister
of Environment, by indicating
the mutually contradicting or conflicting details in the contents of
consultation, to adjust them, within 20 days from the date
of receiving the content of consultation
from the head of consulting agency.
(2) The impact assessment adjustment council under Article 20 (3) of the Act (hereafter referred to
as the "council" in this Article)
shall consist of the members of not more than 15, including one chairman
and one vice chairman.
(3) The chairman of the council shall be the Director General of the Nature Conservation Bureau
of the Ministry of Environment,
and the vice chairman shall be elected by mutual election from among
the members.
Article 21-2 (Notification of Business Plans, etc.)
When the head of approving agency, etc. has made approval, etc. for the enterprise
or its business
plans (hereinafter referred to as the "business plans, etc.") or confirmed the business plans, etc. which
may not
obtain the approvals, etc. pursuant to Article 21 (2) of the Act, he shall inform the head
of consulting agency of the relevant
contents within 30 days from the relevant day.
[This Article Newly Inserted by Presidential Decree No. 19317, Feb. 3, 2006]
Article
22 (Filing Objection, etc.)
(1) A person who intends to raise an objection against the contents of the consultation under Article
22 (1) of the Act shall file
an objection in writing containing the following matters with the head
of consulting agency within 90 days from the date of receiving
the notification of the contents of
consultation under Article 20 (1) of the Act:
1. Contents of and reasons for filing objections;
2. Details intended to alter the contents of consultations; and
3. Analyses of impacts following the alterations in the contents of consultations.
(2) The term "within the period as determined
by the Presidential Decree" in Article 22 (2) of the
Act means the period of not more than 30 days from the date of receiving the
objection in writing:
Provided, That in case where the review on whether or not the contents of the objection are pertinent
may
not be completed within 30 days due to the inevitable reasons, the period may be extended up
to 30 days, limited to only once.
Article 23 (Re-consultation)
(1) The term "within the period specified by the Presidential Decree" in the main sentence of Article
23 (1) of the Act means the
period of not more than 5 years from the date of notification of the
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contents of consultations under Article 20 (1) or (4) of the Act.
(2) The term "if it is inadequate to execute the business plans,
etc. according to the contents of consultations
due to an occurrence of causes specified by the Presidential Decree" in the main
sentence of Article
23 (1) of the Act means any of the following subparagraphs: 1. Where the size of modified business or facilities (where the size of business or facilities has not
been determined in the scope
of subjected business by assessment field prescribed in the attached
Table 1, it means the area or length of the land which is reflected
in the business plans, however,
in the case of environment impact assessment field, notwithstanding the size of business or facilities,
it means the area, length, width, density, volume or capacity, etc. of business reflected in the
relevant business plans; hereinafter
the same shall apply) is increased not less than 30/100 of
the size contained in the contents (including the content of re-consultation
under Article 23 of
the Act and the alternation of the business plans, etc. under Article 24 of the Act; hereinafter
the same shall
apply) of consultations notified under Article 20 (1) of the Act, (including the
case where the repeated alterations have resulted
in the increase of not less than 30/100; hereinafter
the same shall apply), and where it is increased by more than the business
size subject to the
least impacts assessment under the provisions of the attached Table 1: Provided, That this shall
not apply
to the case where only the site area of the factory under the Industrial Cluster Development
and Factory Establishment Act is increased
in the field of environment impacts assessment, and
where there exist neither additional damages on natural environments, nor generation
of pollutants;
1-2. Where work is re-implemented after its suspension for not less than 7 years;
2. Where the effectiveness of countermeasures for traffic improvements included in the contents of
consultations is significantly
decreased by the modifications in the utilization of lands or in the
disposition of facilities, and the execution of countermeasures
for traffic improvements outside
of business place is impossible (limited to the field of traffic impacts assessment);
3. Where the countermeasures for traffic improvements are modified (limited to the field of traffic
impacts assessment) in excess
of the scope of allowable errors in executing the countermeasures
for traffic improvements as determined by the public notification
of the Minister of Land, Transport
and Maritime Affairs concerning the preparation methods of traffic impacts assessment statement,
etc. under Article 4 (3); and
4. Where the installation plans for eternally-planned disaster reducing facilities are modified (limited
to the field of disaster
impacts assessment) from among the countermeasures for disaster reducing
which are included in the contents of consultations.
(3)
Where the project executor, who has not undergone the reconsultations as he came to fall under
the proviso of paragraph (2) 1, intends
to perform any acts which damage natural environments
or cause to discharge pollutants in the relevant site, he shall in advance
reprepare an assessment
statement under Article 23 of the Act, and submit it to the head of approving agency.
Article 24 (Documents
to be Submitted When Impact Reduction Measures are Reviewed, etc.)
(1) In case where the project executor liable for obtaining the
approval, etc. intends to undergo the
review of the head of approving agency with regard to impact reduction measures under the
latter
part of Article 24 (1) of the Act, or where the head of approving agency, etc. intends to listen to
the opinions of the
head of consulting agency with regard to impact reduction measures under Article
24 (2) of the Act, he shall submit the documents
containing the following matters:
No. 18463, Jun. 29, 2004>
1. Altered contents of the business plans, etc.;
2. Analysis of the impacts resulting from the alteration of business plans, etc.;
3. Contents of devising the impact reduction measures resulting from the alteration of business plans,
etc.; and
4. Where the project executor has had an agent devise the impact reduction measures by proxy under
Article 7 of the Act, a copy of
an evidential document as to whether a separate contract therefor
is concluded.
(2) The term "specific causes as specified by the Presidential Decree" in the proviso of Article 24 (2)
of the Act means the case
where the contents of consultations reflected in the business plans, etc. are
altered, and which falls under any of the following
subparagraphs: 1. Where the size of business or facilities to be altered increases by not less than 10/100 of the
size contained in the contents
of consultations under Article 20 (1) of the Act;
2. Where the floor area or total floor space of the buildings and other structures increases by not
less than 30/100 (excluding the
field of traffic impacts assessment);
3. Where the matters are altered, for which the opinions of the head of consulting agency are to
be heard in advance, when the contents
of consultations under Article 20 of the Act are notified,
and when the matters on the buildings and other structures whose sites
are confined within the
relevant business place (including the business category in the case of a creation business of industrial
site and industrial complex) and the contents of consultations are altered;
4. Where the consultation standards for the facilities (hereinafter referred to as the "facilities subject
to imposition") on which
the consultation standard excess charges under Article 33 (1) of the
Act (hereinafter referred to as the "excess charges") are imposed
and
collected, are altered;
5. Where the land utilization plans are altered in excess of 15/100 of the site area contained in the
contents of consultations;
and
6. Where pollutants (referring to the pollutants provided for in Article 28 and other pollutants whose
permissible release levels
are set in accordance with Article 16 of the Clean Air Conservation Act
and Article 32 of the Water Quality and Ecosystem Conservation
Act; hereafter the same shall
apply in this subparagraph) are increased beyond 30/100 on the grounds of a change in the progress
of work and the method of construction that are included in the contents of consultations, which
are notified under Article 20
(1) of the Act or pollutants are freshly released (limited to the field
of environmental impact assessment).
Article 25 (Notification of Verification on Implementing Consulted Contents, etc.)
The head of approving agency shall, under Article
26 (1) of the Act, notify the head of consulting
agency of the results of post-management, such as whether or not the contents of
consultations are
implemented, etc. not later than January 31 of the following year as prescribed by the heads of central
administrative
agencies concerned.
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301
etc. under the proviso of Article 29 (3) of the Act intends to go through a deliberation of the Determinative
Committee on Items
and Scopes of Assessments, he shall submit a plan for preparing an environmental
impact assessment statement:
1. Outline of the project and the project area;
2. Selection of the items of assessment to be applied to the project and the reasons for such selection;
3. Survey of the current status by the items of assessment, and selection of measures for the estimate
and reduction of impacts and
the scope of such measures and the reasons for such selection;
4. Methods of the analysis, comparison and assessment of impacts by alternative plan for business
plan; and
5. Methods of analysis of unavoidable impacts on environment and adoption of the countermeasures
against damages.
(2) The matters to be included in a plan for preparing an environmental impact assessment statement
under paragraph (1) and other
necessary matters concerning the method, etc. of preparing such a
plan shall be publicly announced by the Minister of Environment
after consulting with the head of
the related central administrative agency.
[This Article Newly Inserted by Presidential Decree No. 18463, Jun. 29, 2004]
Article 25-3 (Organization of Determinative Committee
on Items and Scopes of Assessments)
(1) The Determinative Committee on Items and Scopes of Assessments (hereinafter referred to
as the
"Determinative Committee") under Article 29 (4) of the Act shall be organized according to the following
classification:
1. In case of deliberation by the Determinative Committee under Article 29 (3) (main sentence) and
(4) of the Act: It shall be organized
by the head of the approving agency within fifteen days
from the date of receiving a plan for preparing an environmental impact
assessment statement;
and
2. In case of deliberation by the Determinative Committee under the proviso of Article 29 (3) of
the Act: It shall be organized by
the project executor who is exempted from obtaining approval,
etc.
(2) The term of existence of the Determinative Committee organized pursuant to paragraph (1) shall
be until the completion of deliberation
(in case of re-deliberation referred to in Article 25-6 (1), until
the completion of such re-deliberation) on the items and scopes
of assessment of the relevant project:
Provided, That if it is necessary to repeatedly determine the items and scopes of assessment
of
the matters of frequent occurrence such as road construction, the head, etc. of the approving agency
may allow the Determinative
Committee organized pursuant to paragraph (1) to continue in existence
for two years from the date the Committee is organized.
(3) The Determinative Committee shall consist of not less than 10 but not more than 20 members
including one chairman.
(4) The chairman shall be the Director General or the public official of the Director General's class
of the approving agency (including
a project executor who is not required to obtain approval, etc.;
hereinafter the same shall apply) in charge of the approval, etc.
of the relevant project from among
the public officials of the approving agency, and the members of the Determinative Committee
shall
be composed of the following persons: Provided, That in case of subparagraph 4, the persons shall
be included only in the
case where the head, etc. of the approving agency deems it necessary:
1. Each one referred to in each of the following items:
(a) A person designated by the head, etc. of the approving agency among the
public officials
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of the approving agency;
(b) A person designated by the head of the consulting agency among the public officials of the
consulting agency;
(c) A person designated by the head of the Korea Environment Institute among the staff members
of the Korea Environment Institute
under Article 19 (3) of the Act; and
(d) An expert recommended by the project executor concerned or the project executor who has
been engaged in the business practice of environmental impact assessment;
2. Not less than three persons commissioned by the head, etc. of the approving agency among those
with rich knowledge and experience
in connection with environmental impact assessment;
3. Not less than two persons commissioned by the head, etc. of the approving agency among those
recommended by the citizen's organizations;
and
4. Persons commissioned by the head, etc. of the approving agency among the public officials of
the local government having jurisdiction
over the relevant project area or the related central admin-
istrative agency under the recommendation of its head.
(5) The terms
of office of the members of the Determinative Committee shall be the period for which
the Committee exists.
[This Article Newly Inserted by Presidential Decree No. 18463, Jun. 29, 2004]
Article 25-4 (Business Matters of Determinative Committee
on Items and Scopes of Assessments)
The Determinative Committee shall deliberate on the following matters relating to the items
and scopes
of environmental impact assessment:
1. The items of assessment to be applied to the relevant project;
2. The following matters selected under subparagraph 1 by the items of assessment:
(a) Fields in which the survey of current status
is to be made, and the methods and scope of
such survey;
(b) Fields in which the estimate of environmental impacts is to be made, the methods and scope
of such estimate;
(c) Fields for which measures for reducing environmental impacts are to be taken, and the methods
and scope of estimating reduction
effects by fields;
(d) Kinds of alternative plans to be considered; and
(e) Fields in which a survey on the post environmental
impacts is to be made, and the methods
and scope of such survey;
3. Methods of the analysis, comparison and assessment of environmental impacts by alternative
plan for business plan; and
4. Methods of the analysis of environmental impacts and the adoption of the countermeasures.
[This Article Newly Inserted by Presidential
Decree No. 18463, Jun. 29, 2004]
Article 25-5 (Operation of Determinative Committee on Items and Scopes of Assessments)
(1) The
chairman of the Determinative Committee shall represent the Committee and exercise general
control over its business.
(2) If the chairman is unable to perform his duties for inevitable reasons, the member who is designated
by the chairman shall act
on behalf of him.
(3) The meeting of the Determinative Committee shall be convoked by the chairman and resolve with
the attendance of a majority of
the registered members and a concurrent vote of a majority of those
present.
(4) The chairman of the Determinative Committee may, if necessary in connection with its deliberation,
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request the relevant project executor to submit necessary materials or ask a related person to attend
the meeting of the Committee
to hear his opinion.
(5) The Determinative Committee shall complete its deliberation on the relevant project within forty-five
days from the date when a plan for preparing an environmental impact assessment statement is submitted
by the project executor pursuant
to Article 25-2 (1): Provided, That the chairman of the Determinative
Committee may extend the period of its deliberation up to
not more than fifteen days if there exists
any inevitable reason, and in that case, the period needed by the project executor concerned
for supplementing
the plan for preparing an environmental impact assessment statement shall not be counted in the period
of deliberation.
(6) Allowances and travelling expenses may be given to the members of the Determinative Committee
within the limit of its budget:
Provided, That this shall not apply to the case where the members
who are public officials are present, or examine the plan for
preparing an environmental impact assessment
statement, in direct connection with their duties.
(7) Except as provided in this
Decree, other necessary matters concerning the operation of the Determinative
Committee shall be determined by the chairman, subject
to a resolution by the Determinative Committee.
[This Article Newly Inserted by Presidential Decree No. 18463, Jun. 29, 2004]
Article
25-6 (Re-Deliberation by Determinative Committee on Items and Scopes of Assessments)
(1) Where there occurs any cause falling under
any of the following subparagraphs before a project
executor submits an assessment statement or makes a request for consultation
under Article 14, the
head, etc. of the approving agency shall take the items and scopes of assessment into re-deliberation
pursuant
to Article 29 (5) of the Act:
1. Where there is a need to re-determine the items and scopes of assessment due to any material
change in environmental factors or
there is found a new fact having important effects on environment;
and
2. Where, due to the cause referred to in subparagraph 1, the head of the consulting agency makes
a request to the head, etc. of
the approving agency for re-deliberation by the Determinative Committee.
(2) Re-deliberation by the Determinative Committee under
paragraph (1) shall be completed within fifteen
days from the date its meeting is convoked. In that case, the period needed by the
project executor
concerned for supplementing the relevant materials shall not be included in the said period.
[This Article Newly
Inserted by Presidential Decree No. 18463, Jun. 29, 2004]
Article 26 (Notification of Results of Environmental Impacts Reassessment)
The term "within the period as specified by the Presidential Decree" in Article 32 (2) of the Act
means within 1 year from the
date of receiving a request by the Minister of Environment under Article
32 (1) of the Act.
Article 27 (Causes and Procedures for Reassessment)
(1) The term "causes defined by the Presidential Decree are generated" in Article
32 (4) of the Act
means the case falling under any of the following subparagraphs:
1. Where the average running speed of vehicles on the roads most adjacent to the business place
is decreased not less than 30/100
in excess of the prediction at the time of traffic impacts assessment;
and
2. Where the average stopping time of vehicles at the intersection most adjacent to the business
place is increased not less than
50/100 in excess of the prediction at the time of traffic impacts
assessment.
(2) The Mayor/Do governor shall, in case where it falls under any of subparagraphs of paragraph
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(1), decide on whether or not the reassessment is to be implemented, after going through the resolution
by the local deliberation
council.
(3) The reassessment shall go through the deliberation by the local deliberation council, within 6 months
from the date of determining
the reassessment by the local deliberation council under paragraph (2),
after a direct implementation by the Mayor/Do governor,
or after an implementation by designating
another agency of traffic impacts assessment which has not implemented at first any traffic
impacts
assessment.
(4) The Mayor/Do governor shall, according to the results of reassessment and deliberation under
paragraph (3), notify the project
executor or the owner of facilities who have induced the causes under
each subparagraph of paragraph (1) to take measures necessary
for the traffic improvements, and
devise and perform the countermeasures for traffic improvements around the relevant business place.
(5) The Mayor/Do governor shall make a survey every year on whether or not there exist any projects
or facilities corresponding
to the causes for reassessment under paragraph (1), centered around the
traffic jamming area or the bottleneck spots.
(6) Other matters necessary for the reassessment shall be determined by the Municipal Ordinance
of the City/Do.
Article 28 (Kinds of Pollutants Subject to Imposition of Excess Charges)
The kinds of pollutants subject to imposition of excess
charges shall be as follows:
1. Substances falling under any subparagraph of Article 23 (1) of the Enforcement Decree of the
Clean Air Conservation Act, in the
case of air pollutant emission facilities referred to in subparagraph
11 of Article 2 of the same Act;
2. Substances falling under any subparagraph of Article 46 of the Enforcement Decree of the Water
Quality and Ecosystem Conservation
Act, in the case of wastewater discharge facilities referred
to in any subparagraph of Article 46 of the same Decree; and
3. Organic matters and floating substances, in the case of the facilities subject to imposition other
than those in subparagraphs
1 and 2.
Article 29 (Computing Methods and Criteria for Excess Charges)
(1) Excess charges shall be the amount calculated by multiplying
the discharge quantity of pollutants
exceeding the consultation standard (hereinafter referred to as "standard excess discharge
quantity")
by the imposed amount per kg of pollutants (in the case of malodor, the imposed amount per 1,000
of emitted substances),
the imposing coefficient by region, the charge-computing index by year, the
imposing coefficient by consultation standard excess
rate (in the case of malodor, the imposing coefficient
by malodor density) and the imposing coefficient by frequency of offences:
Provided, That in the
cases falling under Article 21 (1) of the Enforcement Decree of the Clean Air Conservation Act, Article
40
(1) of the Enforcement Decree of the Water Quality and Ecosystem Conservation Act, Article 39
(3) of the Sewerage Act, and Article
17 (2) of the Act on the Management and Use of Livestock
Excreta, the imposing coefficient by consultation standard excess rate
and the imposing coefficient
by frequency of offences shall not be applied.
(2) Notwithstanding the provisions of paragraph (1), the amount of excess charges falling under any
of the following subparagraphs
shall not be imposed: 4. Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.
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16, 2005; Presidential Decree No. 20383, Nov. 15, 2007; Presidential Decree No. 20428, Nov. 30, 2007>
1. Any amount corresponding to the emission period for which the excess charges are imposed, from
among the basic charges on the
air pollutant emission facilities under Article 23 of the Enforcement
Decree of the Clean Air Conservation Act; and
2. Any amount corresponding to the discharge period for which the excess charges are imposed,
from among the basic discharge charges
on the wastewater discharge facilities under Article 41
of the Enforcement Decree of the Water Quality and Ecosystem Conservation
Act.
(3) The imposed amount per kg of pollutants, the imposing coefficient by region and the imposing
coefficient by consultation
standard excess rate under paragraph (1) shall be as listed in the attached
Table 2.
Article 30 (Standard Excess Discharge Quantity, etc.)
(1) The standard excess discharge quantity shall be computed by multiplying
daily standard excess
discharge quantity by the number of days of discharge period: Provided, That the provisions of the
proviso
of Article 25 (1) of the Enforcement Decree of the Clean Air Conservation Act shall apply
mutatis mutandis to the calculation of
the quantity of pollutants released beyond standard levels at
pollutant-automatically-measuring workplaces provided for in the proviso
of Article 25 (1) of the
Enforcement Decree of the Clean Air Conservation Act.
(4) The discharge period under paragraph (1) shall be shown by the number of days, and the calculation
of the relevant period shall
be counted in pursuant to the provisions of the Civil Act and the starting
date shall be included. 1. In the case of air pollutant emission facilities: Article 26 of the Enforcement Decree of the Clean
Air Conservation Act;
2. In the case of wastewater discharge facilities or wastewater terminal disposal facilities: Article
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49 of the Enforcement Decree of the Water Quality and Ecosystem Conservation Act; and
3. In the case of other facilities: Article 21 of the Enforcement Decree of the Act on the Disposal
of Sewage, Excreta and Livestock
Wastewater.
(2) The frequency of offences under paragraph (1) shall be computed at the unit of the latest two
years on the standard of the day
on which a violation has taken place by business place.
Article 32 (Notice for Payment of Excess Charge)
(1) A notice for payment of excess charges shall be given within 60 days from the date on which
a cause for imposing the excess
charges occurs: Provided, That the provisions of Article 33 (1)
of the Enforcement Decree of the Clean Air Conservation Act shall
apply mutatis mutandis to the case
where a cause for imposing the excess charges occurs at pollutant-automatically-measuring workplaces
provided for in the proviso of Article 30 (1).
(1) The Minister of Environment shall recompute and adjust the excess charges in case where they
fall under any of the following
subparagraphs, and reimpose or refund the relevant difference in
case where there exists any difference between the amount already
paid and the adjusted amount:
1. Where the measures are not taken not later than the scheduled date of completing such measures,
or the discharge period of pollutants
which forms the base for computing the excess charges has
come to differ as the measures have been completed prior to it; and
2. Where deemed that the status of discharging pollutants after an imposition of excess charges has
come to differ from the time
of initial measurement, the discharge quantity of pollutants differs
from that of the initial measurement in consequence of the
reexamination.
(2) In case where there occurs any need for adjusting the excess charges due to the causes under
paragraph (1) 1,
the said Minister shall reimpose or refund them within 30 days from the date of
verifying whether or not the measures for the subjected
facilities have been completed.
(3) In case where there occurs any need for adjusting the excess charges due to the causes under
paragraph (1) 2, the said Minister shall compute the excess charges on the basis of the discharge
quantity which has been remeasured
limited to the period after the date of reexamination.
(4) Any person in receipt of the notice for payment of excess charges may
apply for an adjustment
of the relevant excess charges where they fall under any of subparagraphs of paragraph (1).
(5) The Minister
of Environment shall, in case where he has received an application for adjustment
under paragraph (4), notify the applicant of the
results of relevant dispositions within 20 days.
(6) Any application for adjustment under paragraph (4) shall not affect the payment period of excess
charges.
Article 34 (Grant of Collection Expenses)
(1) The Minister of Environment shall, in case where he has delegated the affairs of collecting the
excess charges and additional
dues to the Mayor/Do governor, grant the amount equivalent to 10/100
of the collected excess charges and additional dues to the
relevant Mayor/Do
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governor as collection expenses under Article 33 (9) of the Act.
(2) The Minister of Environment shall settle accounts of the collection
expenses under paragraph
(1) every month from among the excess charges and additional dues paid into the special accounts
for environment
improvements under the Act on the Special Accounts for Environment Improvement,
and pay them to the relevant Mayor/Do governor not
later than the end of the following month.
Article 34-2 (Substitution of Opinion Convergence)
Where an opinion convergence for prior environment examination has gone through
the procedures
for opinion convergence under the provisions of Articles 6 through 10 pursuant to the provisions of
Article 33-2
of the Act (excluding the case of omitting an explanation meeting or a public hearing
meeting under the provisions of Article 8
(3) or 9 (4)), which falls under all of the following subparagraphs,
the opinion convertgence under the provisions of Article 6
of the Act may be omitted:
1. Where 3 years have not been passed from the date of completing a consultation on prior environment
examination under the provisions
of Article 25-6 of the Framework Act on Environmental Policy;
2. Where the business scale of consultation on environment impact assessment has been altered to
within 30/100 than the business
scale at the time of prior environment examination; and
3. Where the location of facilities having a great impact on the residents' living environment, such
as the incineration facilities,
wastes reclamation facilities, sewage terminal treatment facilities
and waste water terminal treatment facilities etc. has not been
added.
[This Article Newly Inserted by Presidential Decree No. 19317, Feb. 3, 2006] Enforcement Date: Jun. 1, 2006
Article 35 (Delegation
and Entrustment)
(1) The Minister of Environment shall delegate the following authorities to the head of the basin environ-
mental office or the
head of the regional environment office pursuant to Article 38 (1) of the Act:
1. Registration, modified registration of the agents for assessment, cessation or discontinuance of
business, revocation of registration,
and suspension of business under Articles 8, 11 and 12 of
the Act;
2. Hearing under Article 13 of the Act;
3. Authorities falling under each of the following items with respect to the business subject to the
provisions of the annexed Table
4:
(a) Consultation under Article 17 (2) of the Act;
(b) Request for supplement to assessment statement under Article 18 of the Act;
(c) Request for adjustment or supplement of the project plans, etc. under Article 19 (1) of the
Act;
(d) Collection of opinions under Article 19 (2) and (3) of the Act;
(e) Request for furnishing the related data, etc. under Article
19 (6) of the Act;
(f) Notification of the content of consultation under Article 20 (1) of the Act;
(g) Acceptance of notification
under Article 21 (2) of the Act;
(h) Authority on filing objections under Article 22 of the Act;
(i) Authority on the consultation
under the proviso of Article 23 (1) of the Act, and on the reconsultation
under paragraph (2) of the same Article;
(j) Authority on the opinions about the measure to reduce the environmental impacts under Article
24 (2) and (3) of the Act;
(k) Acceptance of the notification under Article 25 (4) and (5) of the Act;
(l) Request for the submission of data relevant to the
execution of the content of consultation
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or the survey or verification of the project site under Article 26 (2) of the Act;
(m) Request for the necessary measures to the
project executor or the head of approving agency
under Article 26 (5) of the Act;
(n) Acceptance of the notification of the measures taken, or of the content of orders issued, by
the project executor or the head
of approving agency under Article 26 (6) of the Act;
(o) Acceptance of the notification of starting works, etc. under Article 27
of the Act;
(p) Request for the necessary measures to the head of approving agency, etc. under Article 28
(3) of the Act;
(q) Acceptance of the notification in the case of omitting the public notification or public display
under the proviso of Article
6 (3);
(r) Receipt of notification on the results of post management, including whether the contents of
consultations are implemented or
not under Article 25; and
(s) Consultation about the organization of the Determinative Committee under Article 29 (7) of
the Act;
4. Authorities of subparagraph 3 (k) through (p) and (r) on the subjected projects other than those
as shown on the attached Table
4;
5. Imposition and collection of excess charges; and
6. Imposition and collection of the fine for negligence under Article 42 of the Act.
(2) The Commissioner of the National Emergency
Management Agency shall delegate the following
authorities to the head of the relevant Mayor/ Do governor pursuant to Article 38
(1) of the Act: 1. Registration, modified registration of the agents for assessment, cessation or discontinuance of
business, revocation of registration,
and suspension of business under Articles 8, 11 and 12 of
the Act; and
2. Hearing under Article 13 of the Act.
(3) The head of related central administrative agency shall, pursuant to Article 38 (2) of
the Act,
entrust the affairs relevant to the report on actual results of impact assessment by proxy under Article
15 (1) of the
Act to the association designated by the head of related central administrative agency
from among the associations. In this case,
the head of related central administrative agency shall notify
publicly the title, address, name of representative and contents
of entrusted affairs.
Article 36 (Imposition of Fine for Negligence)
(1) In case where the head of consulting agency intends to impose a fine for negligence pursuant
to Article 42 (3) of the Act, he
shall investigate and verify the relevant offenses, and notify in writing
the person subjected to the disposition of a fine for
negligence to pay it, by indicating the fact of
offense, method of and period for filing an objection.
(2) In case where the head
of consulting agency intends to impose a fine for negligence under paragraph
(1), he shall provide the person subjected to the disposition
of a fine for negligence with an opportunity
to state his opinion orally or in writing, by fixing a period of not less than 10 days.
In case where
no opinion has been stated by the specified period, it shall be regarded as having no opinions.
(3) When determining
the amount of a fine for negligence, the head of consulting agency shall take
into consideration the motive of offense and its consequences,
etc.
(4) Procedures for the collection of a fine for negligence shall be determined by the Joint Ordinance.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001.
Article 2 (Repeal of Other Acts and Subordinate Statutes)
The Enforcement
Decree of the Environmental Impact Assessment Act is hereby repealed.
Article 3 (Special Examples following Amendments to Burial
and Graveyard, etc. Act)
The following provisions shall be applied in lieu of subparagraphs 1 (1) () and 3 (d) () 1 of the
annexed
Table 1 not later than January 12, 2001:
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4. Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.
309
() Installation of graves whose
forming area is in excess of 250,000,
under Article 2 (5) the Burial and
Graveyard, etc. Act.
Prior to a permit under Article 8 (2) of the Burial and
Graveyard, etc. Act (when installing public graveyards under
Article 7
of the same Act, prior to the settlement of plans
for installing public graveyards.
() Installation of graves whose
forming area is in excess of 300,000,
under Article 2 (5) the Burial and
Graveyard, etc. Act.
Prior to a permit under Article 8 (2) of the Burial and
Graveyard, etc. Act (when installing public graveyards under
Article 7
of the same Act, prior to the settlement of plans
for installing public graveyards.
Article 4 (Application Examples to Projects Subject to Impact Assessment)
(1) The provisions of Articles 6 through 9 shall be applied
to the project for which the draft of assessment
statement is first submitted after the enforcement of this Decree with respect
to the field of traffic
impacts assessment, and be applied after 6 months elapsed after the enforcement of this Decree with
respect
to the project which does not correspond to any subparagraph of Article 11.
(2) The provisions of the annexed Table 1 shall be applied
after 6 months elapsed after the enforcement
of this Decree with respect to the project which comes newly to be subject to the impacts
assessment
by the enforcement of this Decree.
Article 5 (Application Examples to Excess Charges)
The whole nitrogen and whole phosphorus from among the substances polluting water
quality which
come to be subject to the excess charges under subparagraph 2 of Article 28 shall be applicable from
the project
for which the results of consulting the environmental impacts assessment are notified after
January 1, 2003.
Article 6 (Transitional Measures on Period of Reconsultation)
The provisions of Article 13 (1) of the previous Enforcement Decree
of the Environmental Impact
Assessment Act shall, notwithstanding the provisions of Article 23 (1), govern with respect to the
project for which the contents of consultation on the environmental impacts assessment statement
are notified at the time of enforcement
of this Decree.
Article 7 (Transitional Measures on Project in Progress)
(1) With respect to the project for which the time for
submitting the assessment statement on the
project subject to impacts assessment, or for requesting consultations, is advanced,
at the time of
enforcement of this Decree, ahead of the time pursuant to the annexed Table 1 of the previous Enforcement
Decree
of the Environmental Impact Assessment Act, to the annexed Table of the Enforcement Decree
of the Urban Traffic Readjustment Promotion
Act, and to the provisions of the annexed Table 1 of
the Enforcement Decree of the Countermeasures against Natural Disasters Act
(hereafter referred to
as the "previous provisions" in this Article), the previous provisions shall be applicable with respect
to the project for which the relevant time has passed.
(2) With respect to the project for which the draft of assessment statement
or the assessment statement
has been submitted at the time of enforcement of this Decree, the scope of projects subject to the
impacts assessment shall, notwithstanding the provisions of the attached Table 1, be governed by
the previous provisions.
Article 8 Omitted.
Article 9 (Relations with Other Acts and Subordinate Statutes)
If any other Acts and subordinate statutes quote the Enforcement
Decree of the Environmental Impact
Assessment Act or its provisions at the time of enforcement of this Decree, this Decree or the
corresponding
provisions thereof, if any, shall be deemed to have been quoted in lieu of the previous provisions.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
310
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDA
This Decree shall enter into force on October 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on November 30, 2003.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 (Application Example concerning Businesses Subject
to Impact Assessment)
(1) The amended provisons of Articles 5, 6, 8 and 9 shall apply, starting with the project for which
the
draft assessment statement is first submitted after the enforcement of this Decree.
(2) The amended provisions of the attached Table
1 shall apply to any project that is newly subjected
by the enforcement of this Decree to the impact assessment from the date on
which 6 months lapse
from the date of the enforcement of this Decree.
Article 3 (Transitional Measures concerning Project under Way)
Any project for which a draft assessment statement or an assessment
statement is submitted at the
time of enforcement of this Decree shall be governed by the previous provisions, notwithstanding
the amended provisions of the attached Table 4.
ADDENDA
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4. Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.
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This Decree shall enter into force on January 31, 2004.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on June 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
(3) (Transitional Measures concerning Project under Way) Any project for which a draft assessment
statement or an assessment statement
is submitted at the time of enforcement of this Decree shall be
governed by the previous provisions, notwithstanding the amended
provisions of subparagraph 1 (a) of
the attached Table 1.
(4) (Transitional Measures concerning Apartment Zone Development Project) Any apartment zone development
project which is made subject
to the previous provisions under Article 9 of the Addenda of the Housing
Act, Act No. 6916, shall be governed by the previous provisions,
notwithstanding the amended provisions
of the attached Table 1.
ADDENDUM
This Decree shall enter into force on February 10, 2005.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on May 1, 2005.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
312
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2005.
Articles 2 through 4 Omitted.
ADDENDA
enforcement date of this Decree, however the previous provisions shall govern until they are mutually
elected.
ADDENDA
This Decree shall enter into force on October 1, 2005. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
(3) (Transitional Measures concerning Business Subject to Impact Assessment) Where the business has
been given a consultation on
impact assessment before the enforcement of this Decree from among the
business newly becoming subject to impact assessment under
the attached Table 1 due to the enforcement
of this Decree, it shall be regarded as having been subject to a consultation on impact
assessment under
this Act.
(4) (Transitional Measures concerning Business in Progress) The previous provisions shall govern the
business having submitted a
draft of written impact assessment or a written impact assessment at the
time of enforcement of this Decree, or the business for
which a consultation on prior environment examination
under the provisions of Article 25 of the Framework Act on Environmental Policy
is in progress.
ADDENDA
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4. Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.
313
This Decree shall enter into force on March 9, 2006. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDUM
This Decree shall enter into force on February 12, 2007.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on October 5, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on January 20, 2008.
Articles 2 through 5 Omitted.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
314
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA
This Decree shall enter into force on September 29, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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