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Selected Statutes of the Republic of Korea |
제41편 해양 해운법
Wholly Amended by Act No. 9552, Mar 25, 2002
Amended by Act No. 9758, Jun. | 9, 2009 |
Act No. 9763, Jun. | 9, 2009 |
Act No. 9773, Jun. | 9, 2009 |
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purposes of this Act is to prescribe necessary matters concerning the efficient preservation, use, and development of coasts,
thereby contributing
to enhancing the preservation of the coastal environment, facilitating the sustainable development of coasts, and creating pleasant
and affluent coasts
as the basis for people's lives.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amendedby
Act No. 9773, Jun. 9, 2009>
1. The term coast means coastal sea areas and coastal land areas;
2. The term coastal sea areas means the following regions:
(a) Beach (referring to the distance from the coast line under Article
5 (1) 5 of the Waterway Service Act to the area registered in the cadastral register);
(b) Sea (referring to the distance from the coast line under Article
5 (1) 5 of the Waterway Service Act to the outer limits of the territorial waters);
3. The term coastal land areas means the following regions:
(a) Uninhabited islets;
(b) Land areas (excluding the river areas under subparagraph 2 of
Article 2 of the River Act) at a range of 500 meters (in cases of
harbors under subparagraph 1 of Article 2 of the Harbor Act, national fishery harbors under subparagraph 3 of Article 2 of the Fishing
Villages and Fishery Harbors Act, or industrial complexes under
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subparagraph 5 of Article 2 of the Industrial Sites and Development
Act, 1,000 meters) from the boundary line of land in coastal sea areas, which are prescribed in the plan for integrated coastal
management under Article 6;
4. The term coastal maintenance project means the following projects implemented in coasts, implemented in accordance
with the
implementation plan for coastal maintenance project under Article
25(1):
(a) Any project that protects the seashore from tidal waves, wave surges,
sea water, ground erosion, etc. and maintains a damaged seashore; (b) Any project that preserves or improves coastal sea areas;
(c) Any project that facilitates the pleasant use of coasts, such as the
creation of recreational places;
5. The term sea areas for coastal use means coastal sea areas determined under the plans for coastal management areas provided for
in Article
9, whose purpose is predetermined to prevent any overlap for the purpose of improving public welfare through efficient preservation,
use and
development of coastal sea areas;
6. The term functional areas for coastal sea areas means coastal sea areas determined by the status of use and function under
the plans
for coastal management areas provided for in Article 9 for the purpose
of improving and supplementing functions of sea areas for coastal use and of reasonably preserving, using and developing coastal sea
areas;
7. The term natural coasts means coasts where natural coast lines are
well preserved without any structure, such as artificial facilities, roads, etc.
Article 3 (Basic Principles for Coastal Management)
Coasts shall be preserved, used and developed under the following basic principles:
1. Coasts shall be preserved, used and developed from a comprehensive and future-oriented perspective to ensure that the public interest
is
satisfied and ecological, cultural, and economic value co-exist harmoniously;
2. Coasts shall be used and developed in a manner that harmoniously
preserves the coastal environments;
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3. The public shall be granted more opportunities to participate in formula-
ting policies for preserving and managing coastal environments and in using coastal environments in a sound manner;
4. Beaches shall be efficiently managed to prepare against tidal waves, erosion, etc. due to climate change;
5. Inter-Korean cooperation and international cooperation shall be facili-
tated to realize integrated coastal management.
Article 4 (Duties of State, etc.)
(1) The State and local governments shall formulate policies necessary to sustainably preserve, use and develop coasts.
(2) The State and local governments shall endeavor to increase the public awareness about the basic principles for coastal management,
and to prevent
any damage to the costal environment.
(3) The public shall pro-actively cooperate in policies by the State and local governments for the purposes of preserving,
improving and
substainably using the scenic and pleasant coastal environment.
Article 5 (Basic Research, etc. on Coasts)
(1) The Minister of Land, Transport and Maritime Affairs shall conduct basic research on the actual conditions of coasts (hereinafter
referred to
as "basic research on coasts" ) every five years for the efficient management
of coasts: Provided,That research and measurement on actual conditions
of natural coasts, beaches, etc. in the basic research on coasts may be conducted every ten years.
(2) The Minister of Land, Transport and Maritime Affairs may conduct supplementary research on areas in which apparent changes are
recognized
to take place in coastlines, ecosystems, etc. based on the result of basic
research under paragraph (1).
(3) The Minister of Land, Transport and Maritime Affairs shall conduct close research on areas deemed especially necessary for the
execution of
coastal maintenance projects.
(4) Where the Minister of Land, Transport and Maritime Affairs conduct research pursuant to paragraphs (1) through (3), he/she may
request the
heads of relevant administrative agencies to submit necessary documents. In such cases the heads of relevant administrative agencies
shall comply
with such request unless any special reason exists to the contrary.
(5) The Metropolitan City Mayor, the Do Governor, the Governor of
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a Special Self-Governing Province (hereinafter referred to as the
"Mayor/Do Governor") may conduct research on coasts under its
jurisdiction, as prescribed by Municipal Ordinances of local govern-
ments. In such cases, the Major/Do Governor shall consult, in
advance, with the Minister of Land, Transport and Maritime Affairs, and notify the results of research to the Minister of Land, Trans-
port and Maritime Affairs.
(6) The details and methods of research, and other necessary matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
CHAPTER Ⅱ INTEGRATED COASTAL MANAGEMENT
Article 6 (Formulation of Plan for Integrated Coastal Management)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a plan for integrated coastal management (hereinafter
referred to as
integrated plan ) after deliberation by the Central Committee for
Deliberation on Coastal Management under Article 30, in order to preserve, use, and develop coasts in a comprehensive manner.
(2) The Minister of Land, Transport and Maritime Affairs shall, when
he/she intends to formulate the integrated plan, have a consultation with the heads of the relevant central administrative agencies
after hearing
opinions of the Mayor/Do Governor, the head of a Si/Gun/Gu(referring
to the head of an autonomous Gu; hereinafter the same shall apply), and
relevant experts in advance.
(3) The Minister of Land, Transport and Maritime Affairs may, in cases
where he/she intends to formulate the integrated plan, request the heads of the relevant administrative agencies to submit data necessary
therefor.
In such cases, the heads of the relevant administrative agencies shall,
upon receipt of such request, comply therewith unless any special ground exists otherwise.
Article 7 (Details of Integrated Plan)
(1) The integrated plan shall include the following matters:
1. Scope of coastal land areas;
2. Areas subject to plan formulation;
3. Basic policy directions concerning coastal management;
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4. Matters concerning the desired preservation, use, and development
of coasts, such as the preservation of the coastal environment and sustainable development of coasts;
5. Basic management directions for sea areas for coastal use, and functional areas for coastal sea areas;
6. Management directions for natural coasts management by objective
under Article 32;
7. Basic directions for coast maintenance business;
8. Other matters deemed necessary by Presidential Decree.
(2) In cases where the scope of coastal land areas and areas subject to plan formulation under paragraph (1) 1 and 2 are prescribed,
the following
matters shall be considered:
1. Administrative districts and topography;
2. Plans concerning the classification of use districts, etc., land use, etc. under other Acts and subordinate statutes;
3. Water system and tides of rivers and seabed topography;
4. Matters concerning the preservation of the natural environment, such as coastal environment, sceneries, etc.;
5. Status on the use of sea areas, such as the fisheries, mining, and tourism industries;
6. Extent of diffusion of land-based sources of pollution;
7. Correlation to social and economic activities.
Article 8 (Public Notification, etc. of Integrated Plan)
(1) The Minister of Land, Transport and Maritime Affairs shall, in cases where he/she formulates an integrated plan, immediately notify
such fact
in the official gazette, and notify the heads of the relevant central administrative agencies and the relevant Mayors/Do Governors thereof. (2) The relevant Mayors/DoGovernors (excluding the Governor of a Special
Self-Governing Province) shall, upon receipt of notification under paragraph (1), immediately have the heads of Sis/Guns/Gus allow public perusal of the integrated plan on their jurisdictional coasts: Provided, That the Governor of a Special Self-Governing Province, upon the receipt of notification under paragraph (1), shall directly
allow public perusal of integrated plans on their jurisdictional coasts.
(3) Necessary matters concerning public announcement, notification, and
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perusal under paragraphs (1) and (2) shall be prescribed by Presidential
Decree.
Article 9 (Formulation, etc. of Plans for Coastal Management Areas) (1) The head of the Governor of a Special Self-Governing Province and the heads of Sis/Guns/Gus may formulate plans for coastal management areas (hereinafter referred to as "local plans") on areas recognized necessary
for the efficient preservation, use, and development of their jurisdictional coasts within the scope of the integrated plan.
(2) Notwithstanding paragraph (1), the relevant Mayors/Do Governors
(excluding the Governor of a Special Self-Governing Province; hereinafter
the same shall apply) may formulate plans for coastal management areas on areas recognized necessary for the efficient preservation,
use, and
development of their jurisdictional coasts and for which plans for coastal
management areas are not publicly notified under Article 11 (1) within the scope of the integrated plan in two or more Sis/Guns/Gus (referring to an autonomous Gu): Provided, That the Minister of Land, Transport and Maritime Affairs may, in cases where the Mayors/DoGovernors deem
it difficult to formulate plans for coastal management areas for two or more Sis/Guns/Gus, directly formulate the relevant plans for coastal management areas in accordance with the procedures for the formulation of the
integrated plan.
(3) The Minister of Land, Transport and Maritime Affairs may formulate guidelines necessary to systematically establish and manage
local plans, and notify thereof to Mayors/Do Governors or heads of Sis/Guns/Gus. (4) The Mayors/DoGovernors or the heads of Sis/Guns/Gus shall, when they intend to formulate local plans, hold a public hearing, in advance, as prescribed by Presidential Decree to hear
opinions of local residents and relevant experts, have a consultation with the heads of the relevant administrative agencies, and
obtain approval of the Minister of Land, Transport and Maritime Affairs after deliberation by the committee for deliberation on
local coastal management under Article 31.
(5) The Minister of Land, Transport and Maritime Affairs shall, in cases where he/she grants approval under paragraph (4), undergo
deliberation by the Central Committee for Deliberation on Coastal Management under Article 22.
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(6) The Minister of Land, Transport and Maritime Affairs shall, when
he/she intends to formulate local plans, hold a public hearing, in advance, as prescribed by Presidential Decree to hear opinions
of local residents
and relevant experts, have a consultation with the heads of the relevant administrative agencies, and obtain approval of the
Minister of Land,
Transport and Maritime Affairs after deliberation by the committee for
deliberation on local coastal management under Article 30.
(7) Local plans formulated pursuant to paragraphs (1) and (2) shall be implemented by the Governor of a Special Self-Governing Province
and
the heads of Sis/Guns/Gus with jurisdiction over applicable coasts.
Article 10 (Details of Local Plans)
Local plans shall include the following details:
1. Scope of jurisdictional coasts;
2. Coasts subject to establishment of policies;
3. Policy directions for managing jurisdictional coasts;
4. Necessary coasts concerning implementation of integrated plans;
5. Designation and management of sea areas for coastal use and functional areas for coastal sea areas;
6. Matters concerning natural coasts management by objective under
Article 32;
7. Directions for coast maintenance business for jurisdictional coasts;
8. Other matters recognized necessary by the Minister of Minister of Land,
Transport and Maritime Affairs or the heads of local governments who establish local plans.
Article 11 (Public Announcement, etc. of Local Plans)
(1) The heads of Sis/Guns/Gus shall, when they formulate local plans
under Article 9 (1), immediately publicly announce such plan in the official
report, report it to the heads of the relevant administrative agencies, and allow public perusal.
(2) The Minister of Minister of Land, Transport and Maritime Affairs or the Mayors/Do Governors shall, when they formulate local plans under
Article 9 (2), immediately publicly announce such plan in the official report, report it to the heads of the relevant administrative
agencies, and the heads of Sis/Guns/Gus.
(3) The heads of Sis/Guns/Gus shall, upon receipt of notification under
paragraph (2), immediately allow public perusal of such plan.
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(4) The Minister of Land, Transport and Maritime Affairs may subsidize
necessary expenses incurred in the formulation and implementation of the local plan within budgetary limits.
Article 12 (Amendments to Integrated Plans, etc.)
(1) The Minister of Land, Transport and Maritime Affairs may verify the feasibility of established and publicly announced integrated
plans every
five years, and take necessary measures, such as amendments thereto,
etc.
(2) The Minister of Land, Transport and Maritime Affairs, the Mayors/Do
Governors or the heads of Sis/Guns/Gus may, where recognized necessary
to make amendments to the integrated plan or local plans or where the
heads of the relevant administrative agencies make a request for such amendments, make amendments thereto.
(3) The Minister of Land, Transport and Maritime Affairs may, when he/she deem necessary to make amendments to local plans
due to significant
changes in details of integrated plans, request the Mayors/DoGovernors
or the heads of Sis/Guns/Gus to make amendments thereto, and subsidize
expenses incurred in making amendments to locan plans within the limits of budget.
(4) The provisions of Articles 6 and 8 shall apply mutatismutandis to
amendments to the integrated plan under paragraphs (1) and (2), respectively: Provided, That the provisions of Article 8 shall only apply
mutatismutandis to amendments to insignificant matters prescribed by
Presidential Decree.
(5) The provisions of Articles 9 (4) and (6) and 11 shall apply mutatis
mutandis to amendments to the local plan under paragraph (2),
respectively: Provided, That the provisions of Article 11 shall only apply
mutatismutandis to amendments to insignificant matters prescribed by
Presidential Decree.
(6) Local plans to which the Minister of Land, Transport and Maritime
Affairs, or the Mayors/DoGovernors (excluding the Governor of a Special
Self-Governing Province) make amendments pursuant to paragraph (2)
shall be implemented by the Governor of a Special Self-Governing Province or the heads of Sis/Guns/Gus having jurisdiction over applicable coasts.
Article 13 (Relation with other Plans, etc.)
(1) Integrated plans or local plans shall be established and/or amended
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by incorporating with the following plans:
1. Basic urban plan under Article 22 of the National Land Planning and
Utilization Act;
2. Comprehensive plan for national environment under Article 12 of the
Framework Act on Environmental Policy and the mid-term comprehensive plan for environmental preservation under Article
14-2
of the same Act;
3. Comprehensive plan for maritime environment management under
Article 14 of the Marine Environment Management Act;
4. Basic plan for maritime ecosystem preservation and management under
Article 9 of the Conservation and Management of Marine Ecosystems
Act;
5. Basic plan for wetlands conservation under Article 5 of the Wetlands
Conservation Act;
6. Basic plan for parks under Article 11 of the Natural Parks Act;
7. Basic plan for fishing ground under Article 3 of the Fishing Ground
Management Act;
8. Basic plan for public waters reclamation under Article 4 of the Public
Waters Reclamation Act;
9. Comprehensive plans for uninhabited islands under Article 6 of the
Act on the Conservation and Management of Uninhabited Islands.
(2) The Minister of Land, Transport and Maritime Affairs may, where necessary for preservation of the coastal environment
and sustainable
development of coasts, request amendments to plans or use district, etc.
formulated or designated under other Acts and subordinate statutes. (3) The heads of the relevant administrative agencies shall,
in cases where
they formulate or amend the plan on coastal land areas, related to
environmental preservation and/or use of coasts and development thereof under other Acts and subordinate statutes, and such formulation
and/or
amendment concern integrated plans or local plans, have a consultation
with the Mayors/DoGovernors or the heads of Sis/Guns/Gus; and when
plans are finalized, he/she shall immediately notify the Minister of Land, Transport and Maritime Affairs, the Mayors/Do Governors or the heads
of Sis/Guns/Gus of such details.
(4) The Minister of Land, Transport and Maritime Affairs, the Mayors/Do
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Governors or the heads of Sis/Guns/Gus shall, upon receipt of notification
under paragraph (3), immediately amend the integrated plan or local plan in a manner that appropriately corresponds to the details
of such notification
and publicly announce it in the official gazette or official report.
Article 14 (Compliance with Integrated Plan, etc.)
The heads of the relevant administrative agencies shall, in cases where they intend to conduct any act concerning the preservation,
use, and
development of coasts in coasts, conduct such act in a way that appropriately corresponds to the integrated plan and local
plans.
CHAPTER Ⅲ DESIGNATION AND MANAGEMENT OF SEA AREAS FOR COASTAL USE
Article 15 (Classification of Use of Coastal Sea Areas)
Coastal sea areas shall be classified as the following sea areas for coastal use by considering the actual status of use, natural
and environmental
features, future directions for use, etc.:
1. Coastal sea areas for use: Sea areas whose use or development is determined, or expected, and where its use or development
activities
are preferentially allowed to the extent that it minimizes the impact
on the marine environment;
2. Special coastal sea areas: Coastal sea areas falling under any of the following items:
(a) Coastal areas which require special management in order to protect military facilities and the main facilities of the State;
(b) Sea areas which require special management due to any damage
to the marine environment or ecosystem or the risk of damage thereto;
3. Preserved coastal sea areas: sea areas which require special management
in order to protect the coastal environment and resources and to preserve the marine culture;
4. Managed coastal sea areas: areas whose classification is difficult because
the areas falls under neither of subparagraphs 1 through 3, or the areas fall under two ore more categories thereof;
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Article 16 (Designation of Sea Areas for Coastal Use)
(1) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus may designate or change sea areas for coastal use under local plans according to Article
9.
(2) In cases of designation and change of sea areas for coastal use under paragraph (1), functional areas for coastal sea areas under
Article 19 shall
be taken into account.
Article 17 (Legal Fiction as Designation of Areas Designated and Publicly
Notified in other Acts as Sea Areas for Coastal Use)
(1) The following areas shall be deemed to have been designated as coastal sea areas for use under subparagraph 1 of Article 15:
1. Harbor areas under subparagraph 4 of Article 4 of the Harbor Act,
and areas where new harbor construction is to be conducted purusant to subparagraph 1 of Article 5 of the New Harbor Construction
Promotion
Act;
2. Fishing ports under subparagraph 4 of Article 2 of the Fishing Ground
Management Act;
3. Industrial complex under subparagraph 5 of Article 2 of the Industrial
Sites and Development Act;
4. Aggregate extraction complex under Article 34 of the Aggregate
Extraction Act;
5. Submarine mining areas under Article 3 of the Submarine Mineral
Resources Development Act;
6. Free economic zones under Article 4 of the Act on Designation and
Management of Free Economic Zones;
(2) The following areas, etc. shall be deemed to have been designated as special coastal sea areas under subparagraph 2 of
Article 15;
1. Military bases and military facilities protection areas under subparagraph 6 of Article 2 of the Protection of Military
Bases and
Installations Act;
2. Sea areas for special management under Article 15 (1) 2 under the
Marine Environment Management Act;
3. Electric source development project areas and prearranged areas for
electric source development project under Article s 5 and 11 of the
Electric Source Development Promotion Act.
(3) The following areas shall be deemed to have been designated as preserved
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coastal sea areas under subparagraph 3 of Article 15:
1. Fishery resources protection areas under Article 40 of the National
Land Planning and Utilization Act;
2. Marine environment preservation areas under Article 25 of the
Conservation and Management of Marine Ecosystems Act;
3. Environment preservation sea areas under Article 15 (1) 1 of the Marine
Environment Management Act;
4. Ecology and scenery preservation areas under Article 12 of the Natural
Environment Conservation Act;
5. Wetlands protection areas under Article 8(1) of the Wetlands
Conservation Act;
6. Natural parks under Article 4 of the Natural Parks Act.
Article 18 (Evaluation of Appropriateness of Coastal Sea Areas)
(1) In order to efficiently manage the sea areas for coastal use, the Minister of Land, Transport and Maritime Affairs may evaluate
the appropriateness
of coastal sea areas concerning the characteristics, location, possibility
of utilization thereof, etc.
(2) Details, procedures, etc. concerning evaluation of appropriateness of coastal sea areas under paragraph (1) shall be prescribed
by the Minister
of Land, Transport and Maritime Affairs.
Article 19 (Designation of Functional Areas for Coastal Sea Areas)
(1) In order to efficiently manage sea areas for coastal use, the Minister of Land, Transport and Maritime Affairs, the Mayors/Do Governors or the heads of Sis/Guns/Gus may designate or change the functional areas for coastal sea areas according to the following classification. In such cases, designation
or change of functional areas for coastal sea areas shall be prescribed under local plans in accordance with Article 9
1. Coastal sea areas for use:
(a) Port area: An area necessary to construct ports and maintain
functions thereof;
(b) Course: An area necessary to secure safe navigation of vessels; (c) Fishing port area: An area necessary to construct fishing
ports and
maintain functions thereof;
(d) Leisure and tourism area: Area necessary to support leisure and tourism activities in the coasts;
(e) Beach area: An area necessary to maintain functions of beaches;
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(f) Mineral resources area: An area necessary to extract minerals or
aggregate;
(g) Other functional areas prescribed by Presidential Decree;
2. Special coastal sea areas:
(a) Marine water quality management area: An area necessary to manage the quality of marine water;
(b) Marine research area: An area necessary to conduct research of marine water quality or marine ecosystem;
(c) Disaster management area: An area requiring management due to
frequent occurrence of tidal waves, wave surges, ground erosion, red tides, etc.;
(d) Military facility area: An area necessary to protect military facilities;
(e) Industrial facility area: An area necessary to maintain facilities of the mainstay industries of the State, such as energy
related
facilities, such as plants, etc., oil reserve facilities, etc.;
(f) Other functional areas prescribed by Presidential Decree;
3. Preserved coastal sea areas:
(a) Fishery resources protection area: An area necessary to protect
and foster fishery resources;]
(b) Marine ecosystem protection area: An area necessary to maintain the habitats of marine life;
(c) Scenery protection area: An area necessary to protect sceneries on the seashore, on the sea, in the sea, or under
the sea;
(d) Park area: An area necessary to maintain functions of natural parks;
(e) Fishing ground area: An area necessary to maintain fishing ground for village fishing, aquaculture, etc.;
(f) Other functional areas prescribed by Presidential Decree.
(2) Matters necessary to designate or change functional areas for coastal sea areas, other than matters prescribed by paragraph
(1);
Article 20 (Restriction on Changing Sea Areas for Coastal Use, etc. by Other Acts)
Where the head of relevant administrative agencies intend to grant
permission, authorization, approval or determine each of the following plans, he/she shall consult with the Minister of
Land, Transport and
Maritime Affairs, the Mayors/DoGovernors or the heads of Sis/Guns/Gus
according to the corresponding matters, as prescribed by Presidential
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Decree: Provided, That the same shall not apply where he/she consults
with the Minister of Land, Transport and Maritime Affairs, the Mayors/Do
Governors or the heads of Sis/Guns/Gus, or obtain approval therefrom
in accordance with other Acts:
1. Plans which include legal fiction of determination of local plans in other Acts, concerning designation of or changes to sea
areas for coastal
use or functional areas for coastal sea areas under this Act;
2. Plans which include areas, etc. deemed to have been designated as sea areas for coastal use pursuant to Article 17.
CHAPTER Ⅳ COASTAL MAINTENANCE PROJECTS
Article 21 (Formulation of Coastal Maintenance Plan)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a coastal maintenance plan (hereinafter referred to as coastal
maintenance basic plan ) every ten years for the sake of efficient and systematic coastal
maintenance projects. In such cases, the maintenance plan shall be
formulated on coasts subject to the following Acts, as limited to cases where any request from the heads of the relevant administrative
agencies
exists.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to formulate the maintenance plan, hear opinions
of the
Mayors/DoGovernors, in advance, and undergo deliberation by the Central
Committee for Deliberation on Coastal Management under Article 30 after
consultations with the heads of the relevant central administrative agencies. (3) The Minister of Land, Transport and Maritime
Affairs shall, when
he/she formulates the maintenance plan, publicize such plan immediately in the official gazette.
Article 22 (Details of Maintenance Plans)
The maintenance plan shall include the following matters:
1. Basic directions for coastal maintenance projects;
2. Mid- and long-term plans of coastal maintenance projects;
3. Yearly details of coastal maintenance projects and implementation plans
thereof;
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4. Matters concerning coordination among coastal maintenance projects;
5. Other matters deemed necessary by the Minister of Land, Transport and Maritime Affairs.
Article 23 (Amendments to Maintenance Plans)
(1) The Minister of Land, Transport and Maritime Affairs shall review the feasibility of a coastal maintenance basic plan established
and publicly
notified every five years, and shall take necessary measures, such as
amendment to coastal maintenance basic plans, etc.
(2) The Minister of Land, Transport and Maritime Affairs may, in cases where deemed necessary to amend a coastal maintenance basic
plan due
to fluctuations, etc. in coastal conditions or the heads of relevant administrative agency request to make changes thereto,
amend such plan.
(3) The provisions of Article 21 (2) and (3) shall apply mutatismutandis
to amendments to a coastal maintenance basic plan under paragraph (2):
Provided, That the provisions of Article 21 (3) shall only apply mutatis
mutandisto amendments to insignificant matters prescribed by Presidential
Decree.
Article 24 (Implementer of Coastal Maintenance Projects)
(1) The Minister of Land, Transport and Maritime Affairs shall implement coastal maintenance projects within port areas under subparagarph
4 of Article 2 of the Harbor Act: Provided,That in cases of coastal maintenance projects prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, the
Mayors/DoGovernors or the heads of Sis/Guns/Gus may implement such projects. <Amended by Act No. 9773. Jun. 9, 2009>
(2) Mayors/DoGovernors or the heads of Sis/Guns/Gus shall implement
coastal maintenance projects on coasts, other than the port areas under
subparagarph 4 of Article 2 of the Harbor Act as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
Provided, That
in cases of coastal maintenance projects falling under any of the following subparagraphs, the Minister of Land, Transport and Maritime
Affairs may implement such projects: <Amended by Act No. 9773. Jun. 9, 2009>
1. Projects with a scale exceeding that prescribed by Presidential Decree;
2. Projects requiring state-of-the-art technology;
3. Projects that need to be implemented in two or more overlapped
Metropolitan Cities or Dos);
4. Other projects prescribed by Presidential Decree, which exert a huge
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influence on the public interest.
(3) The Minister of Land, Transport and Maritime Affairs shall, in cases where he/she intends to implement the coastal maintenance
projects under
the proviso to paragraph (2), hear opinions of the relevant Mayors/Do
Governors or the heads of Sis/Guns/Gus in advance.
(4) Any person, other than the Minister of Land, Transport and Maritime
Affairs, Mayors/DoGovernors or the heads of Sis/Guns/Gus, may implement
coastal maintenance projects in the relevant coasts after having been designated by the Minister of Land, Transport
and Maritime Affairs,
Mayors/Do Governors or the heads of Sis/Guns/Gus according to the
following classifications: <Amended by Act No. 9773. Jun. 9, 2009>
1. Coasts within the port areas designated under subparagarph 4 of Article
2 of the Harbor Act: Minister of Land, Transport and Maritime Affairs;
2. Coasts, other than those prescribed in subparagraph 1: Mayors/Do
Governors or the heads of Sis/Guns/Gus, who are implementers of
coastal maintenance projects under the main sentence of paragraph
(2).
(5) Matters necessary to designate implementers of coastal maintenance
projects pursuant to paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 25 (Formulation, etc. of Implementation Plan for Coastal Main- tenance Project)
(1) In cases where any implementer of a coastal maintenance project under
Article 24 (hereinafter referred to as implementer of coastal maintenance project ) intends to implement a coastal maintenance project,
he/she shall
formulate the implementation plan for coastal maintenance project
(hereinafter referred to as maintenance implementation plan ) within the scope of the maintenance plan, as prescribed by Presidential
Decree.
(2) In cases where any implementer of coastal maintenance project, other
than the Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus, intends to formulate a maintenance implementation plan, he/she shall obtain approval of the
Minister of Land,
Transport and Maritime Affairs. The same shall also apply to any proposed amendment thereto.
(3) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus shall, when he/she directly
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formulates the maintenance implementation plan or intends to grant
approval for the maintenance implementation plan under paragraph (2), have a prior consultation with the heads of the relevant administrative
agencies: Provided, That the same shall also apply to cases of emergency
prescribed by Presidential Decree or cases where he/she makes amendments to insignificant matters.
(4) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus shall, when he/she formulates or amends the maintenance implementation plan or the Minister
of Land,
Transport and Maritime Affairs grants approval thereto under paragraph
(2), immediately publicly announce it in the official gazette and notify the heads of the relevant administrative agencies of
such facts.
Article 26 (Legal Fiction of Authorization, Permission, etc.)
(1) In cases where the Minister of Land, Transport and Maritime Affairs publicly announces the maintenance implementation plan under
Article
25 (4), the following permission, authorization, decision, license,
consultation, agreement, approval, reporting or cancellation, etc. (hereafter referred to as authorization, permission, etc. in
this Article) shall be
deemed to have been granted or made, and authorization, permission,
etc. under the relevant Acts falling under each subparagraph shall be deemed to have been publicly notified or announced: <Amended by Act Nos. 9758 &
9763, Jun. 9, 2009>
1. Consent to building permission, etc. under Article 7 (1) of the
Installation, Maintenance, and Safety Control of Fire-Fighting Systems
Act, reporting on fire-fighting system installation under Article 13 (1) of the Fire-Fighting System Installation Business
Act, and
permission for the installation of a manufactory, etc. under Article
6 (1) of the Safety Control of Dangerous Substances Act;
2. Approval of the use of agricultural production infrastructures for purposes, other than their original purposes under Article
23 of the
Rearrangement of Agricultural and Fishing Villages Act;
3. Exclusive permission for farmland under Article 34 of the Farmland
Act;
4. Permission for deforestation, etc. within erosion control region under
Article 14 of the Work against Land Erosion or Collapse Act and cancellation of designation of erosion control region under
Article 20
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of the same Act;
5. Permission for and reporting of mountainous district conversion under
Articles 14 and 15 of the Management of Mountainous Districts Act,
permission for extracting rock materials under Article 25 of the same
Act, permission for and reporting of the cutting of standing trees, etc. under Articles 36 (1) and (4) of the Creation and Management
of Forest
Resources Act, and permission for and reporting of activities within forest reserves district (excluding forests for protection
of forest
hereditary resources) under Article 9 (1) and (2) 1 and 2 of the Forest
Protection Act, and cancellation of designation of forest reserves district under Article 11 (1) 1 of the same Act;
6. Permission for changing the form and quality of land, etc. under Article
21-2 of the Grassland Act and permission, reporting or consultation on grassland conversion under Article 23 of the same Act;
7. Approval of the implementation of construction works within protected
waters under Article 67 of the Fisheries Act;
8. Authorization or reporting of constructions plans for electronic equipment for electric business under Article 61 of the
Electric Utility
Act, and permission or reporting of construction plans for private-use electronic equipment under Article 62 of the same Act;
9. Permission for development under Article 56 of the National Land
Planning and Utilization Act, designation of implementer of urban planning facility business under Article 86 of the same Act,
authorization
of implementation plan under Article 88 of the same Act;
10. Permission for installation of facilities or structures under Article 24 of the Sewerage Act;
11. Consultation with the road management agency under Article 5 of
the Road Act or approval therewith, permission for implementation, etc. of road construction under Article 34 of the same Act, and
permission
for occupation and use of roads under Article 38 of the same Act;
12. Permission for installation, etc. of private roads under Article 4 of the Private Road Act;
13. Permission for occupation and use of public waters under Article 5
of the Public Waters Management Act, consultation or approval under
Article 6 of the same Act, approval or reporting of implementation
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plans under Article 8 of the same Act;
14. Reclamation license under Article 9 of the Public Waters Reclamation
Act, approval of implementation plans under Article 15 of the same
Act, consultation or approval under Article 38 (1) of the same Act;
15. Permission for implementation of small river construction under Article
10 of the Small River Maintenance Act;
16. Permission for extraction of aggregate under Article 22 of the Aggregate
Extraction Act;
17. Permission for moving neglected graves under Article 27 (1) of the
Act on Funeral Services, etc.;
18. Consultation on permission, etc. by administrative agencies under
Article 13 of the Protection of Military Bases and Installations Act;
19. Permission for occupation and use of urban parks under Article 24 of the Act on Urban Parks, Greenbelts, etc.
(2) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus shall, in cases where he/she intends to formulate or amend the maintenance implementation
plan or
intends to grant approval thereto under Article 25 (2), and matters falling
under the subparagraphs of paragraph (1) are included in the relevant maintenance implementation plan, have a prior consultation with
the heads
of the relevant administrative agencies.
Article 27 (Appropriation and Use of Land, etc.)
(1) Any implementer of a coastal maintenance project may, in cases where necessary for the execution of coastal maintenance projects,
appropriate
or use land, goods, or rights under Article 3 of the Act on the Acquisition
of Land, etc. for Public Works and the Compensation therefor: Provided,
That an implementer designated under Article 24 (4) shall purchase land whose size is equivalent to 2/3 of the land subject to coastal
maintenance
project and obtain consent persons, the number of which is equal to or greater than 1/2 of that of land owners.
(2) The provisions of the Act on the Acquisition of Land, etc. for Public
Works and the Compensation therefor shall apply mutatismutandis to
the expropriation or use of land, goods, or rights under paragraph (1), except as otherwise provided for in this Act.
(3) In cases where the public announcement under Article 25 (4) is made,
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MARINE TRANSPORTATION ACT
project approval under Articles 20 (1) and 22 of the Act on the Acquisition
of Land, etc. for Public Works and the Compensation therefor and the public announcement of project approval shall be deemed to
have been
granted and made, and applications for adjudication may be filed within the implementation period of the project, notwithstanding
the provisions
of Articles 23 (1) and 28 (1) of the Act on the Acquisition of Land, etc.
for Public Works and the Compensation therefor.
Article 28 (Bearing Costs)
(1) Any implementer of coastal maintenance project shall bear expenses incurred in the implementation of coastal maintenance
projects.
(2) The Government may fully or partially subsidize expenses borne by
Mayors/DoGovernors or the heads of Sis/Guns/Gus under paragraph (1)
or offer loans thereto within budgetary limits.
(3) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors and the heads of Sis/Guns/Gus may, where coastal maintenance project is required due to any construction or activity, other
than costal
maintenance project, have an implementer or an performer of construction who has provided any grounds fully or partially bear expenses,
as prescribed
by Presidential Decree.
(4) Where a person liable to pay expenses pursuant to paragraph (3) fails to pay the expense within a period prescribed by Ordinance
of the Ministry
of Land, Transport and Maritime Affairs, such expenses shall be collected
pursuant to the practices of dispositions on default of national or local taxes.
Article 29 (Post Management of Coastal Maintenance Project Structures) Implementers of coastal maintenance project shall perform expostfacto management of structures installed under the coastal maintenance project:
Provided,That Mayors/Do Governors and the heads of Sis/Guns/Gus shall perform expostfacto management of structures installed under the coastal
maintenance project which is implemented by the Minister of Land, Transport and Maritime Affairs.
CHAPTER Ⅴ COMMITTEE FOR DELIBERATION ON
COASTAL MANAGEMENT
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Article 30 (Central Committee for Deliberation on Coastal Management) (1) The Central Committee for Deliberation on Coastal Management shall be established under the control of the Minister of Land, Transport and Maritime Affairs to deliberate on the following matters concerning coastal management:
1. Matters concerning the formulation of and amendment to the integrated plan and local plans;
2. Matters concerning the designation and amendment to sea areas for coastal use and functional areas for coastal sea areas;
3. Matters concerning the natural coasts management by objective under
Article 32;
4. Matters concerning the formulation of and amendment to the coastal maintenance basic plan;
5. Matters subject to deliberation by the Central Committee for Deliberation on Coastal Management by other Acts and subordinate
statues;
6. Other matters deemed necessary by the Minister of Land, Transport
and Maritime Affairs.
(2) The Central Committee for Deliberation on Coastal Management may, if necessary establish and operate sub-committee by each
area.
(3) Necessary matters concerning the composition, criteria, and methods for deliberation, etc. of the Central Committee for Deliberation
on Coastal
Management shall be prescribed by Presidential Decree.
Article 31 (Local Committee for Deliberation on Coastal Management) (1) Local committees for deliberation on coastal management shall be established under the control of Mayors/Do Governors to deliberate on the formulation of and amendment to the local plans and other significant matters concerning the management
of jurisdictional coasts.
(2) Necessary matters concerning the functions, composition, operation, etc. of local committees for deliberation on coastal management
shall be prescribed by Municipal Ordinances of the relevant Cities/Dos.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
Article 32 (Natural Coasts Management by Objective)
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(1) For the purposes of efficient preservation of natural coasts, improvement
of functions of the coastal environment, etc., the Minister of Land, Transport and Maritime Affairs may undergo deliberation by the
Central Committee
for Deliberation on Coastal Management under Article 30, and establish natural coast management objectives.
(2) The Mayors/Do Governors and the heads of Sis/Guns/Gus may establish
natural coast management objectives after undergoing deliberation by the
Local committees for deliberation on coastal management under Article
31, in consideration of management objective under paragraph (1).
(3) In order to fulfill natural coasts management objectives, the Minister of Land, Transport and Maritime Affairs, Mayors/Do Governors
and the
heads of Sis/Guns/Gus may conduct natural coast restoration project as
part of coastal maintenance project.
(4) Matters necessary to implement natural coast management objectives and natural coast restoration projects shall be prescribed
by Presidential
Decree.
Article 33 (Coastal Management Officer)
(1) The Minister of Land, Transport and Maritime Affairs, Mayors/Do
Governors or the heads of Sis/Guns/Gus may, in cases where deemed
necessary for the efficient management of coasts, appoint a coastal
management officer.
(2) Necessary matters concerning the qualifications, methods of
appointment, scope of duties, etc. of a coastal management officer under paragraph (1) shall be prescribed by Presidential Decree.
Article 34 (Periodic Inspection of Coasts)
(1) The Minister of Land, Transport and Maritime Affairs shall have public officials under his/her control inspect the actual conditions
of implementation for the integrated plan, local plans, and coastal
maintenance basic plans on a periodic basis.
(2) The Governor of a Special Self-Governing Province, and the heads of Sis/Guns/Gus shall submit each year the self-evaluation reports on
actual status of implementation of local plans to the Minister of Land, Transport and Maritime Affairs.
(3) Where deemed especially necessary to take corrective measures based on the results of inspection and evaluation results under
paragraphs (1)
and(2), the Minister of Land, Transport and Maritime Affairs may request
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the heads of relevant administrative agencies to take corrective measures.
In such cases, the heads of central administrative agencies shall comply therewith unless any special reason exists, and notify
such corrective
measures and the results thereof to the Minister of Land, Transport and
Maritime Affairs.
(4) The details and methods of inspection, the scope of evaluation and
methods therefor under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree.
Article 35 (Access, etc. to Land, etc.)
(1) Any implementer of coastal maintenance project and public officials who engage in conducting research under Article 5 and inspection
under Article 34 may, in cases where necessary to carry out coastal maintenance
projects or coastal research, etc., conduct the following activities:
1. Access to land possessed by other parties or (hereafter referred to as “land, etc.” in this Article);
2. Using land belonging to other parties as a material stockyard or
provisional roads for a specified period;
3. Where especially necessary, changing or removing trees, sand, rocks and other obstacles.
(2) In cases where any person who intends to have access to land, etc. possessed by other parties under paragraph (1), he/she shall
notify such
possessor of the date and place of access seven days before he/she intends
to have access to such land: Provided, That the same shall not apply to
cases where a possessor or manager of such land is unknown or any inevitable ground exists to the contrary.
(3) No person shall have access to land, etc. belonging to other parties which are surrounded by housing sites, borders, or fences
without the
consent of the possessor, manager of land, etc. before sunrise or after
sundown.
(4) Any implementer of coastal maintenance project or public official who engages in conducting research, etc. shall, in cases where
he/she conducts
activities under subparagraphs 2 or 3 of paragraph (1), obtain consent of the owner, possessor, or manager of such land or obstacles:
Provided,
That the same shall not apply to cases where the owner, possessor, or manager of such land or obstacles is unknown or any inevitable
ground
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MARINE TRANSPORTATION ACT
exists to the contrary.
(5) No owner, possessor or manager of land may hinders or refuses any access, temporary use, activities of changing or removal of
obstacles under
paragraph (1).
(6) Any person who intends to conduct an act under paragraph (1) shall show a certificate indicating his/her identity to interested
parties, as
prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs.
Article 36 (Compensation for Loss)
(1) In cases where any person who suffers loss exists due to an act under Article 35 (1), an administrative agency the actor belongs
to or an implementer of coastal maintenance project shall compensate such loss.
(2) With regard to the compensation for loss under paragraph (1), the
person who is to compensate such loss and a person who suffers loss shall have a consultation thereabout.
(3) In cases where a consultation under paragraph (2) fails or a consultation
is likely to fail applications for adjudication may be filed to the competent committee for land appropriation, as prescribed by Presidential
Decree.
Article 37 (Establishment, Management, etc. of Coastal Information
System)
(1) In order to reasonably establish and implement integrated plans, local plans or coastal management policies, the Minister of Land,
Transport and Maritime Affairs shall establish and manage coastal information system
which include the following matters;
1. Location and characteristics of topograph and natural features on the coastal areas;
2. Current status of usage of coasts;
3. Geographical information on coastal lines;
4. Cultural and social information concerning ports, fishing port, roads, industry, cities, maritime resources, etc.
(2) The Minister of Land, Transport and Maritime Affairs may request the heads of relevant administrative agencies to submit
documents
necessary to establish and manage a coastal information system.
(3) Matters necessary to establish and manage a coastal information system, other than those specified in paragraphs (1) and (2),
shall be prescribed
by Presidential Decree.
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Article 38 (Delegation and Entrustment)
(1) Some of the authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated to his/her subsidiary
institutions or Mayors/Do Governors, or the heads of Sis/Guns/Gus, respectively or
entrusted to the heads of the relevant administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may fully or
partially entrust his/her duties concerning the periodic inspection of coasts under Article 34 to the relevant specialized agencies
established for the
sake of investigations, research, etc. concerning the preservation, use,
etc. of marine resources, as prescribed by Presidential Decree.
(3) Affairs of the Minister of Land, Transport and Maritime Affairs concerning establishment and management of a coastal information
system
under Article 37 may entrusted to specialized institutions prescribed by
Presidential Decree.
Article 39 (Fines for Negligence)
(1) Any person who obstructs or refuses activities, such as having access to, a temporary use of, changes to or removal of obstacles
under Article
35(5) unless any justifiable ground exists, otherwise, shall be punished by fines for negligence not exceeding three million
won.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs,
Mayors/Do Governors or the heads of Sis/Guns/Gus.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Article 2 (Applicability concerning Authorization of Implementation Plan for Coastal Maintenance Project)
The amended provisions of Article 25 shall apply beginning from the first
implementation plans for coastal maintenance project established or amended after this Act enters into force.
Article 3 (Applicability concerning Appropriation and Use of Land, etc.) The amended provisions in the proviso to Article 27 (1) shall apply beginning from the first implementers of coastal maintenance projects designated pursuant to amended provisions of Article 24 (4) after this Act enters into
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MARINE TRANSPORTATION ACT
force.
Article 4 (Applicability concerning Post-Management of Structures of
Coastal Maintenance Projects)
The amended provisions in Article 29 shall apply beginning from the first structures installed under the costal maintenance projects
after this Act enters
into force.
Article 5 (Transitional Measures concerning Basic Research concerning
Actual Conditions of Coasts)
Basic research conducted pursuant to the previous provisions of Article 4 as at the time this Act enters into force shall be deemed
to have been conducted
according to the amended provisions of Article 5.
Article 6 (Transitional Measures concerning Plan for Integrated Coastal
Management)
The plan for integrated coastal management established under the previous provisions of Articles 5 through 7 as at the time this Act
enters into force
shall be deemed to have been established according to the amended provisions of Articles 6 through 8 on the date it was announced
in the official gazette
pursuant to the previous provisions of Article 7 (1).
Article 7 (Transitional Measures concerning Local Plans for Coastal
Management Areas)
Local plans for coastal management areas established pursuant to the previous provisions of Articles 8 and 9 as at the time this Act
enters into force shall
be deemed to have been established pursuant to the amended provisions of
Articles 9 through 11.
Article 8 (Transitional Measures concerning Coastal Maintenance Plans)
Coastal maintenance plans established under the previous provisions of Article
13 as at the time this Act enters into force shall be deemed to have been
established pursuant to the amended provisions of Article 21.
Article 9 (Transitional Measures concerning Coastal Management Officer) The coastal management officer commissioned under the previous provisions of Article 24 as at the time this Act enters into force shall be deemed to have been commissioned under the amended provisions of Article 33.
Article 10 Omitted.
Article 11 (Relations to Other Acts and subordinate statutes)
Where the previous Coast Management Act or the previous provisions thereof are cited in other Acts and subordinate statutes as at the time this Act enters
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into force, and corresponding provisions exist in this Act, the corresponding
provisions in the Act shall be deemed to have been cited in place of the previous provisions.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided,
That Article 22 (29) of the Addenda shall enter into force ...<omitted.>...
on and after March 26, 2010.
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after its promulgation: Provided,
That Article 7 (34) of the Addenda shall enter into force on and after March
26, 2010.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided,
That Article 9 (17) of the Addenda shall enter into force on and after March
26, 2010.
Articles 2 through 10 Omitted.
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