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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 240
ENFORCEMENT DECREE OF THE NATURAL ENVIRONMENT CONSERVATION ACT
Wholly Amended by Presidential Decree No. 19245, Dec. 30, 2005 Amended by Presidential Decree No. 19513, Jun. 12, 2006 Presidential Decree No. 19639, Aug. 4, 2006
Presidential Decree No. 19991, Apr. 4, 2007
Presidential Decree No. 20222, Aug. 17, 2007
Presidential Decree No. 20256, Sep. 10, 2007
Presidential Decree No. 20386, Nov. 15, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 20791, May 26, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Natural Environment Conservation Act and matters necessary for the enforcement thereof. Article 2 (Matters to be Included in Basic Policy for Natural Environmental Conservation) The term "matters prescribed by the Presidential Decree" as referred to in Article 6 (2) 8 of the Natural Environment Conservation Act (hereinafter referred to as the "Act") means the matters listed in the following subparagraphs:
1. The upbringing of specialized manpower for the conservation of the natural environment and the expansion of research and investigation organizations; and
2. The promotion of projects for the conservation of the natural environment and the raising of money for the expenses thereof.
Article 3 (Consultation on Principal Policy)
Principal policies or plans directly related to natural environment conservation on which the head
of a central administrative agency
has to consult with the Minister of Environment pursuant to the
provisions of Article 7 (3) of the Act shall be as follows:
1. Plans for designation of inducement zones pursuant to the provisions of Article 23 of the Industrial
Cluster Development and Factory
Establishment Act;
2. The designation of free trade zones pursuant to the provisions of Article 4 of the Act on the
Designation, etc. of Free Trade
Zone;
3. Mining development plans and annual enforcement plans pursuant to Article 85 of the Mining
Industry Act;
4. The designation of natural recreation forests pursuant to the provisions of Article 13 of the Forestry
Culture and Recreation
Act; and
5. The designation of natural monuments pursuant to the provisions of Article 7 of the Cultural
Heritage Protection Act and the designation
of protected zones pursuant to the provisions of Article
9 of the same Act.
Article 4 (Minor Modifications to Basic Plan for Conservation of Natural Environment)
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2. Enforcement Decree Of The Natural Environment Conservation Act
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The term "minor matters prescribed by the Presidential Decree" as referred to in the proviso to Article
8 (5) of the Act means those
matters, exclusive of the matters in the following subparagraphs:
1. Matters regarding the formulation of the basic direction and establishment of objectives for conservation
of the natural environment;
2. Matters regarding promotional tasks for the conservation of the natural environment;
3. Matters regarding a policy on the conservation of the nature to be promoted by each local government;
4. Matters regarding crucial conservation and management of natural scenery;
5. Matters regarding the construction and promotion of ecological axis;
6. Matters regarding major projects for the restoration of ecosystems, such as the construction of
ecological corridors, the restoration
of damaged land, etc.;
7. Where 30/100 or more of the total amount is modified from among the matters regarding the calculation
of expenses and plans for
raising funds; and
8. Matters regarding the construction and operation of the comprehensive geographic information system
for natural environment pursuant
to the provisions of Article 11 of the Act.
Article 5 (Matters to be Included in Basic Plan of Conservation of Natural Environment)
The term "matters prescribed by the Presidential Decree" as referred to
in subparagraph 10 of Article 9 of the Act means the matters
in the following subparagraphs:
1. Matters regarding the revitalization of campaigns for the protection of nature; and
2. Matters regarding international cooperation for the conservation of the natural environment.
Article 6 (Entrusting Specialized
Organization with Construction and Operation of Information Network for Natural
Environment)
The Minister of Environment may entrust a specialized organization in the field of the natural environment
and ecology from among
specialized organizations pursuant to Article 4-8 (2) of the Enforcement Decree
of the Framework Act on Environmental Policy with
the duties for the construction and operation
of an information network for the natural environment pursuant to the provisions of
Article 11 (3)
of the Act.
Article 7 (Scope and Standards for Designation of Ecological and Scenery Conservation Areas)
(1) The term "area prescribed by the
Presidential Decree" as referred to in Article 12 (1) 4 of the
Act means an area recommended by the head of the relevant administrative
agency, Special Metropolitan
City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do
governor")
to be in need of special conservation because of its fine scenery.
(2) In designating an ecological and scenery conservation area
pursuant to the provisions of Article
12 (1) of the Act, the Minister of Environment may lay down detailed standards for designation
after
consultation with the head of the relevant central administrative agency if necessary for the designation
of an area highly
worth conserving when viewed objectively.
Article 8 (Topographic Map Used in Designation of Ecological and Scenery Conservation
Areas)
The term "topographical map prescribed by the Presidential Decree" as referred to in the main sentence
of Article 13 (1)
of the Act and the main sentence of Article 24 (1) of the Act refers to a topographic
map with a scale of 1:5,000 or larger indicating
the scope and size by zone of the ecological and
scenery conservation area concerned, which also indicates a cadastral map or upon
which a cadastral
map is drawn.
Article 9 (Modification to Minor Matters of Ecological and Scenery Conservation Area)
The term "minor matters prescribed by the
Presidential Decree" as referred to in the proviso to Article
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
242
13 (1) of the Act means matters excluding the cases listed in the following subparagraphs:
1. Where the whole area of an ecological and scenery conservation area is enlarged or reduced;
2. Where a transition ecological and scenery conservation area (hereinafter referred to as a "transition
area") is adjusted to a
core ecological and scenery conservation area (hereinafter referred to as
a "core area") or a buffer ecological and scenery conservation
area (hereinafter referred to as a
"buffer area");
3. Where a buffer area is adjusted to a core area; and
4. Where the adjusted area of a core area, buffer area or transition area is 10/100 or more of the
total area (excluding the cases
falling under subparagraph 2 or 3).
Article 10 (Matters to be Included in Basic Plan for Management of Ecological and Scenery Conservation
Area)
The term "matters prescribed by the Presidential Decree" as referred to in subparagraph 4 of Article
14 of the Act means
the matters contained in the following subparagraphs:
1. Matters regarding the observation of changes in the ecosystem and natural scenery within an
ecological and scenery conservation
area;
2. Matters regarding the treatment plan for sewage and waste water
within an ecological and scenery conservation area and an assistance
plan for the treatment of
sewage and waste water pursuant to the provisions of Article 20 (2) of the Act;
3. Matters regarding the calculation of expenses needed for the execution of business included in
a basic plan of management of an
ecological and scenery conservation (hereinafter referred to
as a "basic management plan") and plan for raising money therefor;
and
4. Matters regarding an assistance plan for increasing the income of residents and the improvement
of welfare, such as environmentally
friendly farming, the promotion of ecological tourism pursuant
to the provisions of Article 41 of the Act, etc.
Article 11 (Acts Harmful to Conservation of Natural Environment)
The term "acts prescribed by the Presidential Decree" as referred
to in Article 15 (1) 5 of the Act
means an act falling under any of the following subparagraphs:
1. The covering over and reclamation of the surface of water; or
2. Lighting a fire.
Article 12 (Scope of Disaster)
The term "disaster prescribed by the Presidential Decree" as referred to in Article 15 (2) 2 of the
Act and in the proviso to Article
16 of the Act other than in subparagraphs means a case falling
under any of the following subparagraphs:
1. Where injury to human life or property loss has occurred due to collapse, explosion, etc. of a
building, structure, etc.;
2. Where a fire has broken out; or
3. Where it is necessary in order to rescue human life from other extant dangers.
Article 13 (Exclusion of Limitation, etc. on Activities)
(1) The term "activities prescribed by the Presidential Decree" as referred to in Article 15 (2) 3 of
the Act means the activities
of residents residing in an ecological and scenery conservation area or
the vicinity thereof, or the owners, occupants or administrators
of land or public waters within an
ecological and scenery conservation area, namely, farming, fishing, collecting marine produce,
mushrooms,
wild greens, etc. or other acts corresponding thereto that are deemed as ecologically sustainable.
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(2) The term "acts prescribed by the Presidential Decree and where the necessary facilities are installed"
as referred to in Article
15 (2) 8 of the Act means acts falling under any of the following subparagraphs:
1. Where the facilities, etc. included in the basic management plan pursuant to the provisions of
Article 14 of the Act are installed;
2. Periodic surveys of the situation and scientific research on the ecosystem and natural scenery
of ecological and scenery conservation
areas, or where the facilities, etc. for observation necessary
for the execution thereof are installed; or
3. Where the facilities, etc. deemed necessary for the protection of ecological and scenery conservation
areas and the prevention
of damage to the natural environment from trespassing by outside persons.
Article 14 (Acts Allowed within Buffer Areas)
The term "buildings prescribed by the Presidential Decree" as referred to in Article 15 (3) 1 of the
Act means the facilities (including
the auxiliary facilities and attached parking lots) in the following
subparagraphs, which are below the scale prescribed by the
Ordinance of the Ministry of Environment:
1. Those falling under any of the following items prescribed in the attached Table 1 (referred to
as the "same attached Table" hereafter
in this paragraph) of the Enforcement Decree of the Building
Act:
(a) The detached house in subparagraph 1 (a) of the same attached Table;
(b) The supermarket or retail shop of daily necessities
in subparagraph 3 (a) of the same attached
Table; or
(c) The resting restaurant in subparagraph 3 (b) of the same attached Table; or
2. The facilities for keeping, storing or selling the agricultural, forestry or marine produce.
(2) The term "facilities prescribed
by the Presidential Decree" as referred to in Article 15 (3) 2 of
the Act means those falling under any of the following subparagraphs
among the facilities on which
the basic management plan is reflected:
1. The facilities for the education, public relations or research on the natural environment, such as
a center for learning about
nature, an ecology museum, forest museum, arboretum, botanical garden,
ecological forest, center for experiencing ecology, ecological
research institution, etc.; or
2. The youth training center or youth camp pursuant to the provisions of Article 10 of the Juvenile
Activity Promotion Act.
Article 15 (Acts Allowed in Transition Area)
(1) The term "buildings, etc. prescribed by the Presidential Decree" as referred to in Article 15 (4)
2 of the Act means those falling
under any of the following subparagraphs: 1. Residential buildings below the scale prescribed by the Ordinance of the Ministry of Environment;
or
2. Buildings below the scale prescribed by the Ordinance of the Ministry of Environment, which
falls under any of the following items
(limited to the cases of newly building, extension or remodeling):
(a) First class neighborhood living facilities (excluding resting
restaurants, bakeries and public
baths) in subparagraph 3 of the attached Table 1 (referred to as the "same attached Table"
in
this paragraph and paragraph (2)) of the Enforcement Decree of the Building Act;
(b) Second class neighborhood living facilities
(excluding general restaurants, resting restaurants,
bakeries, indoor angling spots, golf driving ranges, firearms shops, bars and
massage parlors)
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
244
in subparagraph 4 of the same attached Table;
(c) Hospitals in subparagraph 9 (a) of the same attached Table;
(d) Animal sheds or mushroom farming sheds in subparagraph 21 (a)
and (e) of the same attached
Table;
(e) Charnel houses (limited to those for local residents) in subparagraph 26 (b) of the same attached
Table; or
(f) Elementary schools.
(2) The term "facilities for board, lodging or stores prescribed by the Presidential Decree" as referred
to in Article 15 (4) 3
of the Act means those below the scale prescribed by the Ordinance of the
Ministry of Environment and falling under any of the following
subparagraphs:
1. Resting restaurants and bakeries in subparagraph 3 (b) of the same attached Table;
2. General restaurants in subparagraph 4 (a) of the same attached
Table;
3. Resting restaurants and bakeries in subparagraph 4 (b) of the same attached Table; or
4. Facilities for youth training in subparagraph 8 (h) of the same attached Table;
(3) The term "public facilities and facilities
for convenient livelihood prescribed by the Presidential
Decree" as referred to in Article 15 (4) 4 of the Act means those falling
under any of the following
subparagraphs:
1. Transportation facilities, such as roads (including exploratory routes), parking lots, etc.; or
2. Public facilities, such as waterworks, sewerage, power poles, etc., or facilities for the convenient
livelihood of regional residents,
which are installed by the State, local government, etc.
Article 16 (Restriction on Development Projects, etc.)
(1) The term "development
projects prescribed by the Presidential Decree" as referred to in Article
15 (5) of the Act means those projects falling under any
of the following subparagraphs: 1. Projects for Construction of forest roads pursuant to Article 9 of the Creation and Management
of Forest Resources Act, and any
project subject to permission or reporting, such as logging standing
trees, pursuant to Article 36 (1) and (4) of the same Act;
2. Projects for reclamation pursuant to the Public Waters Reclamation Act;
3. Projects subject to permission or consultation for appropriation of farmland pursuant to the provisions
of Article 36 of the Farmland
Act;
4. Projects subject to permission or consultation for appropriation of grassland pursuant to the provisions
of Article 23 of the
Grassland Act;
5. Projects that accompany an act falling under any of the subparagraphs of Article 33 (1) of the
River Act; and
6. Projects subject to permission for aggregates picking pursuant to the provisions of Article 22 of
the Aggregate Picking Act.
(2) Where the Minister of Environment intends to impose restrictions on development projects or
farming acts pursuant to the provisions
of Article 15 (5) of the Act, he/she shall consult with the
head of the relevant central administrative agency and the Mayor/Do
governor.
(3) Where the Minister of Environment imposes restrictions on development projects or farming acts
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pursuant to the provisions of Article 15 (5) of the Act, he/she shall announce the types of projects
subject to restrictions, the
locations and areas of restricted zones, the reasons for restrictions and
other necessary matters.
The term "acts prescribed by the Presidential Decree" as referred to in subparagraph 4 of Article
16 of the Act means an act falling
under any of the following subparagraphs:
1. Driving away wild animals by emitting sound, light, smoke, foul odor, etc.;
2. Damaging nests or habitat of wild fauna and flora;
3. Collecting, lumbering, withering to death the grasses, standing trees, or bamboo within buffer zones
or transition zones, or sprinkling
or injecting poisonous substances or agricultural chemicals so as
to poison to death: Provided, That it shall be as prescribed by
the Cultural Heritage Protection
Act for cultural properties and within the protection areas thereof pursuant to the Cultural Heritage
Protection Act, and cases that do not fall under the objects of restriction on acts pursuant to
the provisions of Article 15 of
the Act as it has fallen under any of the following items shall
be excluded:
(a) Where it falls under Article 15 (2) 3 through 8 of the Act;
(b) Where it falls under Article 15 (3) 1 through 5 of the Act;
or
(c) Where it falls under Article 15 (4) 1 through 4 of the Act;
4. Grazing domestic animals;
5. Hunting animals or collecting eggs in buffer zones or transition zones, or installing explosives, snares,
traps, nets, pits, etc.:
Provided, That for cultural properties and within the protection zones thereof
pursuant to the Cultural Heritage Protection Act,
it shall be as prescribed by the Cultural Heritage
Protection Act; or
6. Grazing animals: Provided, That this shall not apply where animals in distress are kept loose
in the same area after they are
saved and given medical treatment, or the head of the relevant
administrative agency keeps animals loose after consulting with the
Minister of Environment for
the restoration of wild fauna and flora.
Article 18 (Selection of Land, etc. for Administrative Exchange)
(1) Where the Minister of Environment intends to receive an administrative
exchange pursuant to
the provisions of the main sentence of Article 18 (1) of the Act, he/she shall request the administrative
exchange to the head of the relevant central administrative agency along with the documents stating
the location and size of the
relevant area, ecological and scenic value, etc.
(2) Where it is necessary to ascertain the land, building and the items attached
to the land (referred
to as "land, etc." hereafter in this Article) for which he/she intends to request an administrative exchange,
the Minister of Environment may request cooperation in the matters in the following subparagraphs
from the head of the relevant
central administrative agency, such as the Minister of National Defense:
1. The perusal or loan of data on the location, size, usage, etc. of State land located in the area
pursuant to the provisions of
Article 18 (1) of the Act; and
2. Free access to the limited area where necessary for a field survey.
Article 19 (Assistance to Residents in Ecological and Scenery
Conservation Area)
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246
(1) The assistance to residents pursuant to the provisions of Article 20 (1) of the Act shall be directed
at the cases of installation
of purification
facilities for waste water or night soil due to construction, remodeling or extension of housing (excluding
apartment houses and
tenement houses pursuant to the provisions of subparagraph 2 (a) and (b) of
the attached Table 1 of the Enforcement Decree of the
Housing Act) within an ecological and scenery
conservation area or the vicinity thereof.
(2) The bounds of the vicinity pursuant to the provisions of paragraph (1) shall be determined and announced
by the Minister of
Environment upon taking consideration of the source and volume of water pollutants,
self-purification capability of rivers, etc.
(3) The standards for calculation of assistance with expenses pursuant to the provisions of Article
20 (1) of the Act shall be determined
and announced by the Minister of Environment in consideration
of the kinds and scale of purification facility, location of the area
to install, etc.
(4) Those who intend to receive assistance pursuant to the provisions of Article 20 (1) of the Act
shall make
an application to the Mayor/Do governor along with the documents prescribed by the
Ordinance of the Ministry of Environment.
(5) The Mayor/Do governor shall formulate a plan for assistance to residents containing the matters
in the following subparagraphs
in accordance with the application for assistance pursuant to the provisions
of paragraph (4) and submit it to the Minister of Environment
by not later than the end of April of
each year:
1. An outline of the project;
2. The area and number of households subject to assistance;
3. Plans for the promotion of assistance;
4. Total amount of assistance; and
5. Other matters necessary for the promotion of assistance.
Article 20 (Object of Consultation, Examination, etc. of Impact on Natural
Scenery)
(1) The term "distance prescribed by the Presidential Decree" as referred to in Article 28 (1) 1 of
the Act shall be as
prescribed in the attached Table 1.
(2) The term "development project, etc. prescribed by the Presidential Decree" as referred to
in Article
28 (1) 2 of the Act shall be as prescribed in the attached Table 2.
(3) The term "cases prescribed by the Presidential
Decree" as referred to in the proviso to Article
28 (3) of the Act shall involve cases falling under any of the following subparagraphs:
1. Where it goes through the deliberation of the Local Urban Planning Committee pursuant to the
provisions of Article 59 of the National
Land Planning and Utilization Act; or
2. Where it goes through the deliberation of the Local Building Committee pursuant to the provisions
of Article 5 (4) of the Enforcement
Decree of the Building Act.
Article 21 (Composition, etc. of Natural Scenery Deliberation Committee)
(1) The Natural Scenery Deliberation
Committee (hereafter referred to as the "Deliberation Committee")
pursuant to the provisions of Article 29 (2) of the Act shall
consist of fifteen members or less, including
one chairman.
(2) The chairman shall be appointed by the head of the regional environmental management office
from among the public officials
in charge of the natural environment. The members shall be commissioned
by the head of the regional environmental management office
from among the persons who have abundant
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2. Enforcement Decree Of The Natural Environment Conservation Act
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knowledge and experience in the conservation, management, evaluation, etc. of natural scenery, such
as landscape, urban planning,
buildings, the environment, agriculture, forestry, forest resources, ecology,
etc.
(3) The term of office for the members shall be two years and may be extended for a further term.
(4) The Deliberation Committee
shall deliberate upon the matters in the following subparagraphs:
1. Deliberation upon the impact on natural scenery by development projects, etc. consultation on which
has been requested pursuant
to the provisions of Article 28 (1) of the Act; and
2. Other matters that the head of the regional environmental management office requests for deliberation
where he/she recognizes
them as having great impact on the natural scenery.
(5) The Deliberation Committee shall examine the matters in the following subparagraphs
in deliberating
upon the impact on natural scenery in paragraph (4) 1:
1. The status quo regarding resources of natural scenery (including the area for projects and the
vicinity area thereof);
2. View planes linking major points of scenery and major scenic objects;
3. Whether natural scenery worth conserving has been damaged or not;
4. Whether it harmonizes with the surrounding natural scenery or not;
5. Plans for diminishing impact on the scenery; and
6. The prediction and evaluation of changes in the scenery.
Article 22 (Operation, etc. of Deliberation Committee)
(1) The chairman
shall call and chair meetings.
(2) The meetings of the Deliberation Committee shall consist of the chairman and five or more
members designated by the chairman
for each meeting.
(3) The meetings of the Deliberation Committee shall convene with a majority of the constituent members
present
pursuant to the provisions of paragraph (2), and shall pass resolutions by a majority of the
members present.
(4) The chairman may hear the opinions of interested persons where it is deemed necessary for the
matters of deliberation of the
Deliberation Committee.
(5) Allowances and travel expenses within the extent of budget may be paid to those members present
at
the Deliberation Committee: Provided, That this shall not apply where a member who is a public
official attends the Deliberation
Committee upon business directly connected with his/ her duty.
(6) Matters necessary for the operation of the Deliberation Committee,
besides the matters prescribed
in this Decree shall be prescribed separately by the Minister of Environment.
Article 23 (Content,
Method, etc. of Investigation of Natural Environment)
(1) The content of an investigation of the natural environment pursuant to
the provisions of Article
30 (5) of the Act shall be as listed in the following subparagraphs:
1. The present status and distribution of the composing elements of biological diversity in mountains,
rivers, islands, etc.;
2. The peculiarity of geographical features, geological features and natural scenery;
3. The status of diversity and distribution of wild fauna and flora;
4. The grade of green area according to the methods of investigation and the standards for classification
prescribed by the Minister
of Environment;
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5. The status quo of plant community;
6. The status quo of habitation of endangered wild fauna and flora, and indigenous organisms;
7. The status quo of habitation of organisms useful for economic or medical purposes;
8. The status quo of habitation of wild organisms which genetically resemble farm products, cattle,
etc.;
9. The characteristics of soil; and
10. Other matters recognized by the Minister of Environment as requiring a special investigation for
natural environment conservation.
(2) The method of investigating the natural environment pursuant to the provisions of Article 30
(5) of the Act shall be based on
the principle of on-the-spot investigations by environment investigators
pursuant to the provisions of Article 32 of the Act. However,
remote sensing via aircraft, artificial
satellite, etc., or indirect methods of investigation through hearings, data, documents,
etc. may be
employed.
(3) Where a natural environment investigator conducts an on-the-spot investigation pursuant to the
provisions of paragraph (2),
the Minister of Environment or the Mayor/Do governor may request the
head of the relevant administrative agency to cooperate the
matters falling under any of the following
subparagraphs. In this case, the head of the relevant administrative agency shall comply
with such
a request insofar as there are no particular grounds:
1. Free access to off-limits under its jurisdiction; and
2. The inspection or loan of data regarding investigations.
(4) The Minister of Environment shall formulate a plan for the investigation
of natural environment
containing matters prescribed by the Ordinance of the Ministry of Environment by no later than
ten days
before the commencement date of investigation, and notify the head of the relevant administrative
agency and the Mayor/Do governor
thereof.
1. Natural virgin forests, forests close thereto, or alpine meadows; or
2. Rivers, lakes and marshes, or estuaries in their natural state or a state close thereto.
Article 25 (Separately Managed Zone)
The term "area prescribed by the Presidential Decree" as referred to in Article 34 (1) 4 of the Act
means an area falling under
any of the following subparagraphs: 1. Reserved forests for genetic resources pursuant to the provisions of Article 47 (1) of the Creation
and Management of Forest Resources
Act;
2. Natural parks pursuant to the provisions of subparagraph 1 of Article 2 of the Natural Parks Act;
3. Zones designated as natural monuments (including the protection zone thereof) pursuant to the
provisions of Article 6 of the Cultural
Heritage Protection Act;
4. Special protection areas for wild fauna and flora pursuant to the provisions of Article 27 (1) of
the Protection of Wild Fauna
and Flora Act or protection areas for wild fauna and flora pursuant
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to the provisions of Article 33 (1) of the same Act;
5. Marine resource protection areas (excluding areas included in the ocean) pursuant to the provisions
of Article 40 of the National
Land Planning and Utilization Act;
6. Wetland protection areas (excluding coastal wetland protection areas) pursuant to the provisions
of Article 8 (1) of the Conservation
of Wetlands Act;
7. Baekdudaegan protection areas pursuant to the provisions of Article 6 of the Act on the Protection
of Baekdu-Jiri Grand Mountain
Ranges;
8. Ecological and scenery protection areas pursuant to the provisions of Article 12 of the Act; or
9. City/Do ecological and scenery protection areas pursuant to the provisions of Article 24 of the
Act.
Article 26 (Request for Cooperation in Provision of Data)
Pursuant to the provisions of Article 34 (3) of the Act, data for which
the Minister of Environment
may request the head of the relevant central administrative agency and the head of the local government
concerned shall be as follows: 1. Data regarding the natural environment, human sciences or social sciences possessed by the relevant
central administrative agency
or local government; and
2. Ecology and nature maps drawn up by the local government, and the basic data thereon.
Article 27 (Methods of Drawing Ecology and
Nature Maps)
(1) The Minister of Environment shall lay down guidelines for drawing up ecology and nature maps
in consultation with
the head of the relevant central administrative agency and the Mayor/Do governor
under the provisions of Article 34 (4) of the Act
and draw up ecology and nature maps in accordance
with the guidelines.
(3) In making the ecology and nature maps, the Minister of Environment may make green area nature
maps showing the natural condition,
situation of artificial changes to the green areas, etc. in order
to utilize it for basic data.
(4) Matters necessary for the making of green area nature maps pursuant to the provisions of paragraph
(3) shall be laid down by
the Minister of Environment.
Article 28 (Purposes for Utilization of Ecology and Nature Map, etc.)
(1) The purposes for utilization
of ecology and nature maps pursuant to the provisions of Article
34 (4) of the Act shall be as listed in the following subparagraphs:
1. The comprehensive plan for the national environment, the mid-term comprehensive plan for conservation
of the environment and the
City/ Do plan for conservation of the environment pursuant to the provisions
of Articles 12, 14-2 and 14-3 of the Framework Act
on Environmental Policy;
2. Administrative planning and development projects subject to prior environmental review and con-
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sultation pursuant to the provisions of Article 25 of the Framework Act on Environmental Policy;
3. Projects subject to assessment of their impact pursuant to the provisions of Article 4 of the Act
on Assessment of Impacts of
Works on Environment, Traffic and Disasters, etc.; and
4. Development plans that are especially feared to damage the ecosystem among the development plans
formulated by the head of a central
administrative agency or the head of a local government.
(2) Where the Minister of Environment, the head of a central administrative
agency or the head of
a local government intends to draw up a plan falling under any of the subparagraphs of paragraph
(1) or to
have consultations on development projects, he/she shall consider the standards in the following
subparagraphs for each classification
of zone in ecology and nature maps, and the Minister of Environment
shall provide them with ecology and nature maps for this purpose:
1. First grade zones: the conservation and restoration of the natural environment;
2. Second grade zones: the minimization of damage following conservation, development and utilization
of the natural environment;
and
3. Third grade zones: systematic development and utilization.
Article 29 Deleted. 1. Exchange of information and data, and technical cooperation on the elements of biological diversity
and the natural environment;
2. Public relations and education regarding the conservation of biological diversity; and
3. Other matters necessary for the execution of the Convention on Biological Diversity within the country,
etc. pursuant to the provisions
of Article 35 (1) of the Act.
Article 31 (Investigation, etc. into Elements of Biological Diversity)
(1) The objects of investigations
pursuant to the provisions of Article
36 (2) of the Act shall be as listed in the following subparagraphs:
1. The analysis, distribution and present usage of domestic elements of biological diversity;
2. The ecological characteristics and role of organisms;
3. The phases of changes in the ecosystem following natural or artificial disturbances;
4. The development activities liable to inflict harm on the conservation of biological diversity and
to the sustainable use of the
elements thereof;
5. The condition of habitation and ecological characteristics of indigenous and alien species;
6. Traditional knowledge on the utilization of biological diversity and the current condition of the
habitation of organisms being
utilized; and
7. Other matters deemed necessary to investigate for the conservation of biological diversity and
the sustainable use of its elements.
(2) Any investigation pursuant to the provisions of paragraph (1) shall be executed by the Minister
of Environment.
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(3) In executing any investigation pursuant to the provisions of paragraph (2), the Minister of Environment
may have the relevant
specialist prescribed by the Ordinance of the Ministry of Environment carry
out the relevant investigation as proxy if it is necessary
to have such a specialist carry out the said
investigation.
(2) The owner, occupant, or manager of land or pubic waters who intends to enter into a contract
for biological diversity management
pursuant to the provisions of Article 37 (1) of the Act shall submit
an application for a contract for biological diversity management
as provided for in the Ordinance
of the Ministry of Environment to the head of the relevant government agency.
(3) Where the head
of the relevant government agency has received an application for a contract for
biological diversity management pursuant to the
provisions of paragraph (2), he/she may adjust the
necessary matters, such as the provisions of the contract, the time when the
compensation for actual
expenses is made, the method of calculating such compensation, etc. after consulting with the applicant,
and shall enter into a contract with the applicant on the terms as consulted and adjusted.
(4) The Minister of Environment may
set down, and notify the Mayor/Do governor of the report of
the provisions of contract and other detailed matters necessary for
the implementation of the contract
for biological diversity management.
Article 33 (Compensation at Actual Cost following Contract for Biological Diversity Management)
(1) The term "standards prescribed
by the Presidential Decree" as referred to in Article 37 (2) of the
Act means those falling under any of the following subparagraphs:
1. Where the suspension of cultivation makes it impossible to harvest crops: an amount obtained
by multiplying the area on which
the harvest of crops became impossible by the loss per unit
of area;
2. Where yield reduces due to a change, etc. in cultivation method: an amount obtained by multiplying
the area on which the yield
has reduced by the loss per unit of area;
3. Where crops are not harvested for the purpose of feeding wild animals: an amount obtained by
multiplying the area on which the
corps are not harvested by the loss per unit of area;
4. Where land is rented: an amount equivalent to the rent for land in the vicinity thereof;
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5. Where a resting place for wild animals, such as a wetland, etc. is created: the amount necessary
for the creation and management
of the wetland, etc.; or
6. Where loss occurs following the execution of a contract: an amount equivalent to such loss.
(2) The Minister of Environment may
set down, and notify the Mayor/Do governor of, the necessary
matters regarding the detailed standards for compensation for actual
expenses, the amount of compensation
per unit of area, method of payment, etc. in accordance with paragraph (1).
Article 34 (Designation
of Natural Repose Area)
(1) Where the head of a local government wishes to designate a natural repose area under the provisions
of Article 39 (1) of the
Act, he/she shall formulate a management plan for a natural repose area including
matters in the following subparagraphs:
1. The name, location, and area of the natural repose area;
2. The purpose of designation;
3. The ecological and scenic value of the relevant area;
4. A plan for the installation of facilities for conservation and utilization of the natural environment;
5. A plan for the management and utilization of the natural repose area; and
6. Other matters necessary for the conservation and sound utilization of the natural repose area.
(2) Where a zone for which designation
as a natural repose area is intended extends over another
zone under the jurisdiction of another local government, it shall be subject
to consultation with the
head of the other local government concerned.
(3) When the head of a local government designates a natural repose area, he/she shall publicly
announce the matters in the following
subparagraphs without delay:
1. The name, location, area, and scope of the natural repose area;
2. The purpose and grounds for designation of the natural repose area, and the date of such designation;
3. The name and location of the principal natural resources within the natural repose area; and
4. The name of the local government which manages the natural repose area.
(4) Where necessary, the Minister of Environment or the
Mayor/Do governor may recommend the
Mayor/Do governor or the head of Si/Gun/ Gu to take measures for the appropriate maintenance
and management of the natural repose area.
Article 35 (Criteria for Restricting Lumbering, etc. of Trees)
The term "cases that satisfy the standards prescribed by the Presidential
Decree" as referred to in
subparagraph 3 of Article 40 of the Act means the cases falling under any of the following subparagraphs:
1. Where the ecological value of the natural repose area is lost or there is serious impact on natural
research or ecological education
due to damage to forests or large trees in the natural repose
area;
2. Where it is in harmony with the surrounding natural scenery, such as traditional temples, historic
remains traditional or ecological
village, etc. or is highly worthwhile to preserve in view of the
sentiment of the residents; or
3. Where the head of the local government concerned deems it necessary to preserve an area with
beautiful natural scenery, such as
rocks, cliffs, waterfalls, coastlines, etc.
Article 36 (Business Subject to Imposition of Cooperation Charge for Conservation of
Ecosystem)
The term "opencut prospecting or mining business, the scale of which is larger than that prescribed
by Presidential
Decree" as referred to in Article 46 (2) 2 of the Act means an opencut prospecting
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or mining business of which the area approved of a mining plan under Article 42 of the Mining Industry
Act is 100,000 square meters
or more, and the area (in cases where permission, etc. under the subparagraphs
of Article 43 (1) of the same Act is obtained after
being approved of the mining plan, such area means
the area adding up the permitted area) deemed to have been permitted, etc. under
Article 43 of the
same Act is 5,000 square meters or more.
[This Article Wholly Amended by Presidential Decree No. 20386, Nov. 15, 2007]
Article 37 (Calculation of Damaged Area of Ecosystem)
(1) The damaged area of an ecosystem pursuant to the main sentence of Article 46 (3) of the Act
means the area of a district where
any of the following subparagraphs occurs: 1. Changing in the form and quality of land occurs from removing, excavating or banking up the
topsoil of earth;
2. Removing or destroying a district where plants grow in a group; or
3. Cultivating, dredging, filling-up, or reclaiming by drainage, a district with abundant ecological
diversity, such as wetlands.
(2) Notwithstanding the provisions of paragraph (1), an area falling under any of the following
subparagraphs shall be excluded
from the damaged area of ecosystem:
1. An area of land which is designated as a building site, factory site, school site, road, railway
site, gymnasium site or recreation
park under the Cadastral Act; or
2. An area of land where facilities are installed besides those contained in subparagraph 1.
Article 38 (Imposition and Collection
of Cooperation Charge for Conservation of Ecosystem)
(1) The amount to be imposed per unit of area for the cooperation charge for
the conservation of
ecosystem pursuant to the main sentence of Article 46 (3) of the Act shall be 250 won per square
meter.
(2) The regional coefficient pursuant to the main sentence of Article 46 (3) of the Act shall be as
listed in the following subparagraphs.
In this case, the usage of land shall be deemed the usage of
land at the time when a disposition, such as authorization, permission,
approval, etc. is granted with
respect to a business subject to the imposition of the cooperation charges on conservation of ecosystem
pursuant to Article 46 (2) of the Act (referring to the usage of land before alteration, where the
usage of the land is altered
for the purpose of executing a project subject to imposition):
1. Residential area, commercial area, industrial area or planned management area: 1, where the land
category under the Cadastral
Act constitutes dry paddy field, paddy field, forestry, saltern, river,
marsh or park; 0, in the case of other land categories;
2. Greenbelt area: 2;
3. Production management area: 2.5;
4. Agriculture and forestry area: 3;
5. Conservation management area: 3.5; and
6. Natural environmental conservation area: 4.
(3) Where the Minister of Environment intends to impose the cooperation charge for
conservation
of ecosystem, he/she shall issue a notice in writing by not later than five days prior to the commencement
of payment
by specifying a period of one month for payment.
(4) Where it is deemed that a person obliged to pay cooperation charge for conservation of ecosystem
in excess of ten million won
has difficulty to pay such charge in a lump sum due to a reason falling
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under any of the following subparagraphs, the Minister of Environment may allow him/her to pay
in installments over a specified
period of not more than three years: Provided, That the period for
installments shall not exceed the period of the project:
1. Where he/she has suffered obvious damages to the property due to disaster, theft, etc.;
2. Where the business is in a serious crisis as the business conditions have grown worse;
3. Where obvious difficulty has occurred to the cash flow due to disease or serious injury to the
person obliged to pay or to his/her
live-in family members; or
4. Where there is a situation corresponding to subparagraphs 1 through 3.
(5) Matters necessary for the number of installment payments,
the period and procedure for payment,
etc. pursuant to paragraph (4) shall be prescribed by the Ordinance of the Ministry of Environment.
Article 39 (Reduction of and Exemption from Cooperation Charge for Conservation of Ecosystem)
The term "projects prescribed by
the Presidential Decree" as referred to in the proviso to Article
46 (3) of the Act means projects for national defense and military
facilities pursuant to Article 2 (1)
1 through 6 of the Act on National Defense and Military Installations Projects, and such projects
shall
be exempted from the cooperation charge for conservation of ecosystem.
Article 40 (Recalculation of Cooperation Charge for
Conservation of Ecosystem)
(1) Where the cooperation charge for conservation of ecosystem imposed or collected pursuant to the
provisions of Article 38 falls under any of the following subparagraphs, the Minister of Environment
shall recalculate and correct
the levy of the cooperation charge for conservation of ecosystem, and
where there is a difference between the amount already paid
and the recalculated amount, he/she shall
relevy or refund the balance:
1. Where there is an error in the subject matter of imposition, or in the person liable to pay the
cooperation charge for conservation
of ecosystem;
2. Where there is an error in the calculation of the cooperation charge for conservation of ecosystem;
or
3. Where there is an error or falsification in the calculation of the damaged area of the ecosystem
of the relevant zone or the complex
concerned.
(2) Where the Minister of Environment intends to relevy or refund the cooperation charge for conservation
of ecosystem pursuant
to the provisions of paragraph (1), he/she shall give notice thereof in writing.
Article 41 (Application for Recalculation of Cooperation
Charge for Conservation of Ecosystem)
(1) Where a person who has received a notice for payment of the cooperation charge for conservation
of ecosystem pursuant to the provisions of Article 38 (3) falls under any of subparagraphs of Article
40 (1), he/ she may apply
for recalculation of the cooperation charge for conservation of ecosystem
concerned within 30 days from the date of receipt of such
notice.
(2) Where there is an application for recalculation pursuant to the provisions of paragraph (1), the
Minister of Environment
shall notify the applicant of the result of disposition within thirty days.
Article 42 (Adjustment of Cooperation Charge for Conservation
of Ecosystem)
(1) Where a discrepancy occurs in the amount already paid of cooperation charge for conservation
of ecosystem following
a change in the damaged area of ecosystem in the relevant zone or complex
after receiving an inspection, report, etc. upon completion
of construction of the project (hereinafter
referred to as the "inspection, etc. upon completion of construction") subject to the
imposition of the
cooperation charge for conservation of ecosystem, the Minister of Environment shall impose or refund
the same
by adjusting the cooperation charge for conservation of ecosystem.
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(2) A person who intends to receive the refund of the cooperation charge for conservation of ecosystem
pursuant to paragraph (1)
shall file an application for refund with the Minister of Environment along
with the documents prescribed by the Ordinance of the
Ministry of Environment within 90 days after
the inspection, etc. upon completion of construction.
(3) Where the Minister of Environment
intends to impose or refund by adjusting the cooperation charge
for conservation of ecosystem pursuant to the provisions of paragraph
(1), he/she shall issue a notice
thereof in writing.
Article 43 (Grant, etc. of Expenses for Imposition and Collection of Cooperation Charge for Conservation of Ecosystem)
(1) The term
"amount prescribed by the Presidential Decree" as referred to in the former part of
Article 46 (5) of the Act means an amount equivalent
to 50/100 of the collected cooperation charge
for conservation of ecosystem and additional dues.
(2) Where the Mayor/Do governor
uses the grant of the cooperation charge for conservation of ecosystem
to cover the expenses for imposition and collection of the
cooperation charge for conservation of ecosystem
pursuant to the latter part of Article 46 (5) of the Act, he/she shall use it within
20/100 of the grant.
Article 44 (Details of Authorization, Permission, etc. of Projects to be Notified)
The term "details of authorization,
permission, etc. prescribed by the Presidential Decree" as referred
to in Article 47 (1) of the Act means those falling under any
of the following subparagraphs:
1. The damaged area of ecosystem, being the basis for the calculation of the amount of charge;
or
2. The damaged area of land according to the purpose of use pursuant to the provisions of the National
Land Planning and Utilization
Act.
Article 45 (Other Usages of Cooperation Charge for Conservation of Ecosystem)
The term "projects prescribed by the Presidential
Decree" as referred to in subparagraph 12 of Article
49 of the Act means projects falling under any of the following subparagraphs:
1. Projects for promotion of national movements to raise awareness on the conservation of the natural
environment;
2. Projects for investigation or conservation of natural resources in specific islands and remote areas;
3. Projects for investigation and research to construct the ecological axis; or
4. Projects for the preparation of a map of urban ecological conditions (biotope map) from among
the Basic Plan for Conservation
of Natural Environment developed under Article 8 of the Act.
Article 46 (Extent of Project for Conservation of Natural Environment
and Refund of Cooperation Charge for Conservation
of Ecosystem)
(1) The term "natural environmental conservation project prescribed by the Presidential Decree" as
referred to in the main sentence
of Article 50 (1) of the Act means a project falling under any of
the following subparagraphs: Provided, That the same shall not
apply to any project implemented
as part of a project subject to the imposition of the cooperation charge for conservation of ecosystem
pursuant to Article 46 (2) of the Act:
1. Projects for the creation of an sub-ecosystem pursuant to subparagraph 6 of Article 2 of the Act;
2. Projects for the creation of ecological corridors pursuant to subparagraph 9 of Article 2 of the
Act;
3. Projects for the creation of alternative nature pursuant to subparagraph 11 of Article 2 of the
Act;
4. Projects for the installation of facilities for the conservation and utilization of the natural environment
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pursuant to Article 38 of the Act; or
5. Other projects for the restoration of a damaged ecosystem.
(2) A person who intends to obtain approval from the Minister of Environment
in accordance with
Article 50 (1) of the Act shall file with the Minister of Environment an application for approval accompanied
by documents prescribed by the Ordinance of the Ministry of Environment.
(3) The requirements for the agent of natural environment
conservation project under Article 50 (1)
of the Act (hereinafter "agent of natural environment conservation project") shall be
as listed in
attached Table 3.
(5) Where it is deemed that a project for which an application for approval is filed in accordance
with paragraph (2) is lacking
the effect and feasibility of promotion of the project as it damages
the natural ecosystem, or achieves an insignificant restorative
effect, the Minister of Environment
need not grant approval.
(6) Where a business operator who has obtained approval under paragraph (4) or an agent of natural
environment conservation project
intends to receive the refund of the cooperation charge for conservation
of ecosystem, he/she shall file an application therefor,
accompanied by documents prescribed by the
Ordinance of the Ministry of Environment, with the Minister of Environment after completion
of the
project for which approval has been granted.
1. Conservation of habitats of important organisms and prevention of fragmentization of habitats,
or the construction of ecological
corridors or sub-ecosystems for the restoration of ecosystems
already extinct or apprehended to be on the verge of extinct;
2. Full recovery of nature in the first grade zone on an ecology and nature map, which is being
severely damaged or is threatened
with damage;
3. Conservation and promotion of biological diversity, or reasonable utilization of nature in natural
parks and urban parks;
4. Restrictions on the capture, gathering, etc. of fauna and flora designated as natural monuments
pursuant to the provisions of
Article 6 of the Cultural Heritage Protection Act (limited to endangered
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wild fauna and flora);
5. Restrictions on the activities in a zone designated as a natural monument (including the protected
zone thereof) pursuant to the
provisions of Article 6 of the Cultural Heritage Protection Act (limited
to ecological and scenery conservation areas);
6. Prevention of damage and conservation of natural scenery in an area of ecological and scenic
value;
7. Promotion of biological diversity in the management of rivers, roads, and cities, and the utilization
of ecosystem technology;
8. Prevention of entry into the country of foreign fauna and flora which endanger the domestic ecosystem
in the course of importing
seeds, wood, etc. from abroad;
9. Development and application of biological pesticides, reduction in the use of agricultural chemicals,
and the development of highly
productive environmental farming methods;
10. Development of environmentally friendly methods for the eradication of vermin;
11. Creation of greenbelt areas and scenic zones;
12. Matters concerning dredging in public waters, such as changes in a plan for picking aggregate,
etc.;
13. Amelioration of the natural environment which has deteriorated due to environmental pollution
and the installation of various
kinds of facilities;
14. Revocation of permission to occupy and use rivers, suspension or alteration of river construction,
or movement or removal of
structures;
15. Revocation of permission to occupy and use public waters, suspension or restriction on the use
of public waters, and reconstruction
or removal of facilities; and
16. Other matters requested by the Minister of Environment or the Minister of Land, Transport and
Maritime Affairs for conservation
and sustainable utilization of the natural environment.
Article 48 (Claim for Compensation for Loss)
(1) Any person who intends to claim compensation for loss pursuant to the provisions of Article 53
(1) of the Act shall present
to the Minister of Environment or the Mayor/Do governor a written claim
for compensation for loss specifying the matters in the
following subparagraphs along with documentary
evidence for the loss: 1. The name and address of the claimant;
2. The time and place of loss;
3. The details of loss; and
4. The amount and details of loss, and the method of calculation.
(2) Upon receiving a claim for compensation for loss pursuant to
the provisions of paragraph (2),
the Minister of Environment or the Mayor/ Do governor shall notify the claimant of the matters
in
the following subparagraphs: 1. The period and method of negotiations; and
2. The time, method and procedures for compensation.
Article 49 (Application for Adjudication on Compensation for Loss)
Any person
who intends to apply for adjudication to the Land Expropriation Committee pursuant to
the provisions of Article 53 (3) of the Act
shall submit to the competent Land Expropriation Committee
a written application for adjudication in which the matters of the following
subparagraphs are stated
as prescribed by the Ordinance of the Ministry of Environment:
19991, Apr. 4, 2007>
1. The name and address of the applicant for adjudication;
2. The type of business;
3. The facts of occurrence of the loss;
4. The amount and details of the loss; and
5. The details of negotiation.
Article 50 (Honorary Instructors of Conservation of Natural Environment)
(1) The term of office for
an honorary instructor of conservation of the natural environment (hereinafter
referred to as an "honorary instructor") pursuant
to the provisions of Article 58 of the Act shall be
two years.
(2) The Minister of Environment or the head of a local government shall commission honorary instructors
upon applications of persons
who intend to be honorary instructors pursuant to the provisions of Article
58 of the Act or upon recommendations of the Korean
Association for Conservation of Nature pursuant
to the provisions of Article 55 of the Act. 1. Publicity and directions for the conservation of the natural environment;
2. Guidance and reporting to the relevant agencies on the activities damaging the natural environment;
and
3. Proposals for the operation of facilities for natural environmental conservation and utilization, and
of natural repose area.
(4) The Minister of Environment or the head of a local government may support the activities of honorary
instructors with expenses
required for such activities within the extent of the budget.
Article 51 (Qualifications, Scope of Activities, etc. of Guides on Natural Environment)
(1) Any guides on the natural environment
pursuant to the provisions of Article 59 of the Act shall
be appointed from among persons with abundant knowledge and experience
in the relevant fields, such
as ecology, biology, environmentology, landscape architecture, etc.
(2) The scope of activities of
guides on the natural environment shall be as contained in the following
subparagraphs:
1. The explanation of the natural environment, and education and publicity regarding the environment;
2. The planning and operation of programs explaining the natural environment, and guides to ecological
survey;
3. Monitoring of the natural environment and nature observation routes; and
4. Other matters recognized as necessary for publicity and directions for the conservation of the
natural environment.
(3) The Minister of Environment or the head of a local government may pay the wages, allowances,
travel expenses and other necessary
actual expenses within the extent of their budget to support the
activities of the guides on the natural environment.
Article 52
(Delegation of Authority)
(1) The Minister of Environment shall delegate his/her authority falling under the following subparagraphs
to the Mayor/Do governor
pursuant to the provisions of Article 61 of the Act:
1. The purchase of land, etc. located in ecological and scenery conservation areas, etc. pursuant
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to the provisions of Article 19 of the Act;
2. The imposition and collection of the Cooperation Charge on the Conservation of Ecosystem pursuant
to the provisions of Article
46 (1) of the Act; and
3. The mandatory levy of the Cooperation Charge on the Conservation of Ecosystem pursuant to
the provisions of Article 48 of the
Act.
(2) The Minister of Environment shall delegate the authority listed in the following subparagraphs
to the heads of watershed environmental
management offices or the heads of regional environmental
management offices (hereinafter referred to as the "head of a regional
environmental management
agency") pursuant to the provisions of Article 61 (1) of the Act:
1. The consultations on important policies or plans pursuant to the provisions of Article 7 of the
Act (limited to matters which
the head of the relevant central administrative agency has delegated
to the head of a local government or the head of a regional
administrative agency under the
control of the relevant central agency);
2. The formulation and execution of the basic plan for management of ecological and scenery conservation
areas pursuant to the provisions
of Article 14 of the Act;
3. Permission provided for in the provisions of Article 15 (2) 4 of the Act;
4. The consultation pursuant to the provisions of Article 15 (2) 7 of the Act;
5. Order, such as the suspension of activities, restoration to the original state within an ecological
and scenery conservation area,
or the creation of substitute nature pursuant to the provisions of
Article 17 of the Act;
6. The monitoring of changes in the ecosystem pursuant to the provisions of Article 31 (3) of the
Act;
7. The compensation in actual cost in accordance with a contract for biological diversity management
pursuant to the provisions of
Article 37 (2) of the Act;
8. The designation and cancellation of ecological villages pursuant to the provisions of Article 42
of the Act;
9. The formulation and execution of measures of protection and restoration of the ecosystem pursuant
to the provisions of Article
44 of the Act;
10. The entrustment of honorary instructors for conservation of the natural environment pursuant to
the provisions of Article 58
of the Act;
11. The appointment and management of guides on the natural environment pursuant to the provisions
of Article 59 of the Act; and
12. The imposition and collection of fines for negligence pursuant to the provisions of Article 66 (2)
1 and 2 of the Act (excluding
matters concerning the maritime natural environment).
(3) Deleted.
Where the Mayor/Do governor or the head of a regional environmental management agency has managed
affairs delegated pursuant to
the provisions of Article 52, he/she shall report the details thereof to
the Minister of Environment as prescribed by the Ordinance
of the Ministry of Environment.
Article 54 (Imposition of Fine for Negligence)
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(1) Where the Minister of Environment, the head of a local government or the head of a regional environmental
management agency
(hereafter in this Article referred to as the "imposer") imposes a fine for negligence
pursuant to the provisions of Article 66
(3) of the Act, he/she shall notify the person subject to the
fine for negligence of the fact of violation and the method and period
for raising an objection in writing
to pay it after investigating and confirming the violation concerned.
(2) Where the imposer intends to impose a fine for negligence pursuant to the provisions of paragraph
(1), he/she shall give the
person subject to the fine for negligence an opportunity to submit his/her
opinion orally or in writing within a specified period
of 10 days or more. In this case, if no opinion
is presented by the designated date, it shall be deemed that there is no opinion.
(3) In determining the amount of a fine for negligence, the imposer shall consider the motives, results,
etc. of the violation
concerned.
(4) Procedures for collecting a fine for negligence shall be prescribed by the Ordinance of the Ministry
of Environment.
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2006.
(2) (Applicable Examples concerning Projects subject
to Consultation on Impact to Natural Scenery)
The amended provisions of Article 20 shall apply beginning with the first development
plan or development
project that the head of a relevant administrative agency requests for the advance consultation on environmental
examination to the Minister of Environment or the head of a regional environmental management agency
pursuant to the provisions
of Article 25 of the Framework Act on Environmental Policy, or the first development
project that a project operator presents the
draft the head of the relevant administrative agency pursuant
to the provisions of Article 6 of the Act on Assessment of Impacts
of Works on Environment, Traffic,
Disasters, etc. after this Decree enters into force.
(3) (Relationship with Other Acts and Subordinate
Statutes) Where there is the previous Enforcement
Decree of the Natural Environment Conservation Act or a provision thereof cited
in other Acts and subordinate
statutes at the time this Decree enters into force, the corresponding clause of this Decree, which
such
provision exists herein, shall be deemed to have been cited.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDA
2. Enforcement Decree Of The Natural Environment Conservation Act
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Article 1 (Enforcement Date)
This Decree shall enter into force on April 5, 2007.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on November 18, 2007.
Article 2 (Applicability concerning Imposition and Collection of Cooperation
Charge for Conservation of Ecosystem)
The amended provisions of Article 38 (3) and (4) shall apply beginning with the project on
which
it is imposed for the first time after this Decree enters into force.
Article 3 (Transitional Measures concerning Projects
Subject to Imposition of Cooperation Charge for Conservation
of Ecosystem for Opencut Prospecting or Mining Business)
Notwithstanding
the amended provision of Article 36, previous provisions shall apply to a business
which has obtained approval of mining plan under
Article 42 of the Mining Industry Act or to a business
which has obtained permission, etc. under Article 43 of the same Act at the
time when this Decree
enters into force.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
ADDENDA
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This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall
come into effect on November
1, 2008, Articles 24 through 26 shall take effect on January 1, 2010,
Article 29 shall go into effect on July 1, 2009, and Article
48 shall become effective on January 1,
2013.
Article 2 (Transitional Measures Following Amendment to Decree on Disciplinary Punishment of Public Officials)
(1) The First
Central Disciplinary Committee and the Second Central Disciplinary Committee under
the Decree on the Disciplinary Punishment of
Public Officials before the amendment as at the time
this Decree enters into force shall be deemed as the Central Disciplinary Committee
under this Decree.
(2) Any request for the resolution of disciplinary punishment accepted by the First Central Disciplinary
Committee
and the Second Central Disciplinary Committee under the Decree on the Disciplinary Punishment
of Public Officials before the amendment
as at the time this Decree enters into force shall be deemed
to have been accepted by the Central Disciplinary Committee under this
Decree.
(3) Any resolution passed by the First Central Disciplinary Committee and the Second Central Disciplinary
Committee under
the Decree on the Disciplinary Punishment of Public Officials before the amendment
as at the time this Decree enters into force
shall be deemed as a resolution passed by the Central
Disciplinary Committee under this Decree.
(4) Any member of the Second Central Disciplinary Committee under the Decree on the Disciplinary
Punishment of Public Officials
before the amendment as at the time this Decree enters into force
shall be deemed to have been appointed or commissioned as a member
of the Central Disciplinary
Committee under this Decree.
Article 3 (Transitional Measures Following Amendment to Enforcement Decree of the Framework Act on Physical
Distribution Policies)
Matters conducted by the Minister of Land, Transport and Maritime Affairs by going through deliberations
and resolutions by the
Examination Board for Distribution Administrators pursuant to the Enforcement
Decree of the Framework Act on Physical Distribution
Policies before the amendment as at the time
this Decree enters into force shall be deemed to have been conducted by the Minister
of Land, Transport
and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
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