Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research
- Date2022-06-07 16:07
- TypeLaw
- View262
Lastly Amended by Act No. 18910, Jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this
Act is to seek sustainable utilization of the natural environment and to allow
people to lead a leisurely and healthy life in a comfortable natural
environment by systematically conserving and managing the natural environment,
such as protection of the natural environment from artificial damage,
conservation of the ecosystem, natural scenery, etc.
Article 2 (Definitions)
The terms used in
this Act are defined as follows:
1. The term "natural environment" means the state of
nature (including the ecosystem and natural scenery) which includes all living
things under the ground, on the surface of the earth (excluding the ocean) and
on the ground, and the inanimate things surrounding these;
2. The term "conservation of the natural environment"
means systematic conservation, protection or restoration of the natural
environment, and development and management of nature for enhancement of
biological diversity;
3. The term "sustainable use of nature" means to allow the
present and future generation to utilize or benefit from the natural
environment with equal opportunities;
4. The term "natural ecology" means the geographic or
geologic environment realized in the state of nature and all of phenomena which
living things subsist under such conditions;
5. The term "ecosystem" means a dynamic complex in which
the communities of plants, animals and microorganisms and an abiotic
environment interact with each other as a functional unit;
6. The term "sub-ecosystem" means a habitat for living
things which is developed for the enhancement of biological diversity,
enhancement of the continuity of an ecosystem, such as the possibility of
mobility of wild fauna and flora between their habitats, etc. or the
improvement of habitation condition of a particular species;
7. The term "biological diversity (or biodiversity)" means
diversity among living things originating from all sources, such as terrestrial
and aquatic ecosystems (excluding marine ecosystems), and the ecological
complexes of all these ecosystems, and includes diversity within species,
between species, and of ecosystems;
8. The term "ecological axis" means an ecological
habitation space that links ecologically vital areas or areas that need to
maintain ecological functions for the enhancement of biological diversity and
continuity of ecosystem functions, at a national or regional level;
9. The term "ecological corridor" means ecological space,
such as artificial structures and vegetation, established to prevent habitat of
wild fauna or flora from being isolated, damaged, or destroyed due to any road,
dam, reservoir, estuary bank, etc., and to assist in the upkeep of the
continuity of ecosystems, such as migration of wild fauna or flora;
10. The term "natural scenery" means an area, topography
and elements of nature affiliated with them that have visual or aesthetic value
in terms of the natural environment, or scenery of nature where things are
harmonious in a complex way;
11. The term "alternative nature" means a nature that is
developed to perform functions similar or supplemental to the functions of the
existing natural environment;
12. The term "ecological and scenery conservation area"
means an area worthy of special conservation as it is ecologically important
having abundant biological diversity, or as it has beautiful natural scenery,
and which is designated and declared by the Minister of Environment pursuant to
Articles 12 and 13 (3);
13. The term "natural reservation area" means an area
prescribed by Presidential Decree from among uninhabited islands which are not
used for any particular purpose other than military, among the areas whose
ecosystems are spared from damage due to their difficulty of access by people,
and also means the demilitarized zone for two years from the date when it falls
under the jurisdiction of the Republic of Korea;
14. The term "ecological and natural map" means a map made
pursuant to the provisions of Article 34 according to ratings based on
ecological value, natural characteristics, scenic value, etc. of mountains,
rivers, inland wetlands, lakes, farmlands, cities, etc.;
15. The term "natural resources" means all living and
inanimate things in their natural condition that have material or immaterial
value that can be utilized for people's livelihood or economic activities;
16. The term "biological resources" means biological
resources referred to in subparagraph 3 of Article 2 of the Act on Conservation
and Use of Biological Diversity;
17. The term "ecological village" means a village that has
ecological functionality, beautiful natural scenery, and the capability for
sustainable conservation and utilization thereof, and is designated by the
Minister of Environment or the head of the relevant local government, pursuant
to Article 42;
18. The term "ecotourism" means eco-friendly tourism
through which the importance of the environment may be experienced through the
conservation and wise utilization of natural assets in an area with a
particularly excellent ecosystem or beautiful natural scenery.
19. The term "natural environment restoration project"
means a project to recover the structure and functions of a damaged natural
environment, which falls under the following subparagraphs: Provided, That
projects implemented by the heads of other relevant central administrative
agencies pursuant to the statutes under their jurisdiction shall be excluded
herefrom:
(a) Project for the conservation and management of natural ecology,
natural scenery, and biological diversity in an ecological and scenery
conservation area;
(b) Projects to maintain the continuity of urban ecosystem or
improve the functions of the ecosystem;
(c) Projects for installing ecological corridors, etc. to connect
the interrupted ecosystems and to help wild animals move;
(d) Projects to restore damaged wetlands in the wetland protection
areas, etc. (limited to inland wetlands) under Article 3 (3) of the Wetlands
Conservation Act;
(e) Other projects to restore damaged natural environment and
ecosystem, which are prescribed by Presidential Decree.
Article 3 (Basic Principles of Conservation of Natural Environment)
The natural
environment shall be conserved in accordance with the following basic
principles:
1. The natural environment shall be conserved as a resource for all
people in a way suitable for the public good, and shall be used so as to be
sustained for present and future generations;
2. Conservation of the natural environment shall be harmonious and
balanced with the use of national land;
3. Natural ecology and natural scenery shall be conserved and
managed so as to promote human activity, functionality of nature, and
ecological circulation;
4. Opportunities for all people to participate in the conservation
of the natural environment and the sound use of the natural environment shall
be increased;
5. Ecological equilibrium shall neither be destroyed nor depreciated
when utilizing or developing the natural environment: Provided, That where
natural ecology or natural scenery is destroyed, damaged, or encroached, an
effort shall be made to restore and return to former condition to the utmost;
6. Burdens arising from conservation of the natural environment
shall be borne fairly, and benefits obtained from the natural environment shall
be preferentially enjoyed by residents of the region and by interested persons;
7. International cooperation for conservation of the natural
environment and sustainable use of the natural environment shall be promoted;
8. When the natural environment is restored, the adaptation to the
environmental changes and connectivity of the ecosystem shall be considered;
and the accumulated scientific knowledge and information shall be actively
utilized; and the restoration process shall be based on the participation and
cooperation of all the interested parties, such as the State, local
governments, local residents, civic groups, and experts.
Article 4 (Responsibilities of the State, Local Governments, and
Business Entities)
(1) The State and
a local government shall bear the responsibility of devising the following
measures according to the basic principles of conservation of the natural
environment pursuant to the purpose referred to in Article 1 and the provisions
of Article 3, and executing them:
1. Formulation and implementation of measures for conservation of
the natural environment for prevention of damage to natural environment due to
development, utilization, etc. of national land, and for the sustainable use of
the natural environment;
2. Formulation and implementation of a plan of utilization and
development of land, and development project of land that are harmonious with
the natural environment, such as natural ecology and natural scenery;
3. Construction of an ecological axis to maintain the continuity of
ecosystem, such as the creation of sub-ecosystems and construction of
ecological corridors, and formulation and implementation of management
measures;
4. Formulation and implementation of measures to restore and recover
areas whose natural environment has been damaged;
5. Formulation and implementation of measures necessary for the
restoration of ecosystems, such as the development of ecological restoration
technology and promotion of specialized institutions for ecological
restoration;
6. Promotion of measures for private organizations, business
entities, people, etc. to take an active part in the conservation of the
natural environment, and creation of appropriate conditions therefor;
7. Promotion of scientific technology for conservation of the
natural environment, such as the survey, research and development of technology
and training of specialized manpower;
8. Enhancement of people's awareness of the importance of
conservation of the natural environment through education and public relations;
9. International cooperation regarding conservation of the natural
environment and conservation of the global environment.
(2) Business
entities conducting business activities shall comply with the following
matters:
1. To consider natural ecology and natural scenery first of all;
2. To take necessary measures such as preventing business activities
from damaging the natural environment, voluntarily restoring or recovering the
natural environment to cope with damaged natural environment, or securing the
ecological area ratio (referring to the ratio of soil area that has ecological
functions or natural circulation functions in the development area) prescribed
by Ordinance of the Ministry of Environment;
3. To participate and cooperate in the measures for conservation of
the natural environment, etc. of the State and the relevant local government
under paragraph (1).
Article 5 (Campaign for Conservation of Nature)
The Government
shall support local governments, private organizations, etc. so that all
citizens may participate in campaigns for the conservation of nature, and
ensure that the campaigns for the conservation of nature are operated in consideration
of ecological characteristics of each region.
Article 6 (Basic Policies for Conservation of Natural Environment)
(1) The Minister
of Environment shall establish basic policies for conservation of the natural
environment (hereinafter referred to as "Basic Policies for Conservation
of the Natural Environment") to implement the purpose referred to in
Article 1 and the basic principles of conservation of the natural environment
referred to in Article 3 after hearing opinions of the heads of competent
central administrative agencies, the Special Metropolitan City Mayor,
Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors,
and the Special Self-Governing Province Governor (hereinafter referred to as
the "Mayors/Do Governors"), and after deliberation by the
environmental policy committee (hereinafter referred to as "Central
Environmental Policy Committee") referred to in Article 58 of the
Framework Act on Environmental Policy and the State Council.
(2) The Basic
Policies for Conservation of the Natural Environment shall contain the
following matters:
1. Systematic conservation and management of the natural
environment, and sustainable use of the natural environment;
2. Selection of ecosystems requiring serious conservation,
protection of endangered species or ecologically important species, and protection
of biological resources;
3. Restoration and recovery of areas whose natural environment has
been damaged;
4. Management of ecology and scenery conservation areas, and
improvement of the quality of life of residents in the relevant area;
5. Improvement of the ecological soundness of mountains, rivers,
inland wetlands, farmlands, islands, etc., and conservation of biological
diversity through the creation, etc. of ecological corridors, sub-ecosystems,
and alternative nature;
6. Conservation of the ecological axis and restoration of the
damaged ecological axis;
7. Promotion of national education and civic activities relating to
the natural environment;
8. International cooperation relating to conservation of the natural
environment;
9. Other matters relating to conservation of the natural environment
prescribed by Presidential Decree.
(3) When the
Minister of Environment drafts the Basic Policy for Conservation of the Natural
Environment, he or she shall inform the head of the competent central
administrative agency and the relevant Mayor/Do Governor.
(4) The head of
the competent central administrative agency and the relevant Mayor/Do Governor
shall draw up a promotion policy or action plan (limited to an action plan in
the case of Mayor/Do Governor) in accordance with the Basic Policy for
Conservation of the Natural Environment and inform the Minister of Environment
thereof.
Article 7 (Consultation on Important Policy)
(1) When the head
of central administrative agency intends to draft and execute an important
policy or plan that has a direct relationship with the conservation of the
natural environment, he or she shall consult with the Minister of Environment
in advance: Provided, That where he or she has consulted with the Minister of
Environment pursuant to other statutes this shall not apply.
(2) In drafting
and executing a development plan and development project (hereinafter referred
to as a "development project, etc."), the Minister of Environment
may, after consultation with the head of a central administrative agency, draft
a guideline to consider for the conservation of the natural environment and
sustainable use of the natural environment, and make the guideline utilized.
(3) The kinds of
important policy and plan that are liable for consultation pursuant to the
provisions of paragraph (1), and other necessary matters shall be prescribed by
Presidential Decree.
Article 8 (Formulation of Basic Plan for Conservation of Natural
Environment)
(1) The Minister
of Environment shall draft a basic plan for conservation of the natural
environment of the nation (hereinafter referred to as the "Basic Plan for
Conservation of the Natural Environment") every 10 years.
(2) The Basic
Plan for Conservation of Natural Environment shall be set after deliberation by
the Central Environmental Policy Committee.
(3) In drafting
the Basic Plan for Conservation of the Natural Environment, the Minister of
Environment shall have a prior consultation with the head of the relevant
central administrative agency. In such cases, the Basic Policy for Conservation
of the Natural Environment, and the principles of promotion or action plan
informed by the head of the relevant central administrative agency and the
relevant Mayor/Do Governor pursuant to the provisions of Article 6 (4) shall be
considered.
(4) The Minister
of Environment may request the head of the relevant central administrative
agency and the relevant Mayor/Do Governor to submit proposals on the policy and
project of their concern to be reflected in the Basic Plan for Conservation of
the Natural Environment.
(1) Paragraphs
(2) through (4) shall apply mutatis mutandis where modification of the Basic
Plan for Conservation of the Natural Environment is intended: Provided, That in
the case of modification of minor matters prescribed by Presidential Decree,
the deliberation of the Central Environmental Policy Committee may be dispensed
with.
Article 9 (Details of Basic Plan for Conservation of Natural
Environment)
The basic plan for
conservation of the natural environment shall contain the following matters:
1. Matters regarding the current status of, outlook for, and
maintenance and promotion of the natural environment and ecosystem services
(referring to the ecosystem service defined in subparagraph 10 of Article 2 of
the Act on the Conservation and Use of Biological Diversity);
2. Matters regarding a basic course of conservation of the natural
environment, and setting of conservation targets;
3. Matters regarding the main tasks to be implemented and projects
for conservation of the natural environment;
4. Matters regarding major policies for conservation of the natural
environment to be promoted by each local government;
5. Matters regarding conservation and management of natural scenery;
6. Matters regarding construction and promotion of an ecological
axis;
7. Matters regarding major projects for the restoration of
ecosystems, such as construction of ecological corridors and restoration of
damaged areas;
8. Matters relating to establishment and operation of comprehensive
geographic information systems on the natural environment pursuant to the
provisions of Article 11;
9. Matters regarding calculation of expenses necessary for the
execution of projects, and plans for raising the funds therefor;
10. Other matters prescribed by Presidential Decree relating to
conservation of the natural environment.
Article 10 (Execution of Basic Plan for Conservation of Natural
Environment)
(1) Where the
Minister of Environment has set the Basic Plan for Conservation of the Natural
Environment pursuant to the provisions of Article 8 (2), he or she shall inform
the head of the relevant central administrative agency and the relevant
Mayor/Do Governor without delay.
(2) The head of
the relevant central administrative agency and the relevant Mayor/Do Governor
shall take necessary measures for the execution of the Basic Plan for
Conservation of the Natural Environment, such as reflecting the contents of the
Basic Plan for Conservation of the Natural Environment in the policy and plan
relating to their own duties.
(3) The Minister
of Environment shall analyze and evaluate the execution outcome of the Basic
Plan for Conservation of the Natural Environment periodically, every two years,
and reflect the result in the policy for conservation of the natural
environment.
Article 11 (Establishment and Operation of Information Network on
Natural Environment)
(1) The Minister
of Environment may establish and operate a comprehensive geographic information
system on the natural environment (hereinafter referred to as the
"information network on the natural environment") computerized with
ecological and nature maps, data on biological species, etc. for swift
production and distribution of information regarding the natural environment.
(2) The Minister
of Environment may request for submission of data necessary for establishment
and operation of the information network on the natural environment to the head
of relevant administrative agency. In such cases, the head of the relevant
administrative agency shall respond to this request insofar as there are no
particular issues.
(3) Where
necessary for effective establishment and operation of the information network
on the natural environment, the Minister of Environment may entrust the
establishment and operation of the information network on the natural
environment to a specialized institution.
(4) Matters
necessary for establishment and operation of the information network on the
natural environment shall be prescribed by Presidential Decree.
CHAPTER II MANAGEMENT OF ECOLOGICAL AND
SCENERY CONSERVATION AREA
Article 12 (Ecological and Scenery Conservation Area)
(1) The Minister
of Environment may designate as an ecological and scenery conservation area any
of the following areas whose natural ecology and natural scenery need
particular conservation:
1. An area where the state of nature maintains primitiveness, or
which greatly merits conservation and scientific research because of its
abundant biological diversity;
2. An area that has peculiar topographic or geological features and
thus needs conservation for academic research or maintenance of its natural
scenery;
3. An area that can represent diverse ecosystems or an area that is
a specimen of an ecosystem;
4. An area prescribed by Presidential Decree that has beautiful
natural scenery, such as rivers and mountain valleys, and thus needs particular
conservation.
(2) The Minister
of Environment may designate and manage ecological and scenery conservation
areas by classifying such ecological and scenery conservation areas as follows
in consideration of their ecological characteristics, natural scenery,
topographical conditions, etc. for the sustainable conservation and management
of ecological and scenery conservation areas:
1. Core ecological and scenery conservation area (hereinafter
referred to as a "core area"): An area where special protection for
the prevention of damage to the structure and function of an ecosystem is
necessary, or where special protection is intended because of its beautiful
natural scenery;
2. Buffer ecological and scenery conservation area (hereinafter
referred to as a "buffer area"): An area bordering a core area, which
is necessary for the protection of the core area;
3. Transition ecological and scenery conservation area (hereinafter
referred to as a "transition area"): A community area surrounded by a
core area or a buffer area, which is necessary for sustainable conservation and
utilization.
(3) The Minister
of Environment may revoke or change the designation of an area where it has
lost its value as an ecological and scenery conservation area, or has become
needless to conserve it as an ecological and scenery conservation area pursuant
to the provisions of paragraph (1) due to military purposes, natural disaster,
or other causes.
Article 13 (Procedure for Designation and Change of Ecological and
Scenery Conservation Areas)
(1) When the
Minister of Environment intends to designate or change an ecological and
scenery conservation area, he shall engage in consultation with the head of the
relevant central administrative agency and go through deliberation of the
Central Environmental Policy Committee after gathering opinions of the
residents in the relevant area, interested persons, and the head of the local
government with a designation plan containing the following contents along with
a topographical map prescribed by Presidential Decree: Provided, That for
changes of minor matters prescribed by Presidential Decree, the Local
Environmental Policy Committee may decide not to deliberate:
1. The reason and purpose of designation;
2. The area and scope of designation;
3. The present status and characteristics of the natural ecology and
natural scenery;
4. The present status of land utilization;
5. An outline of the classification of core area, buffer area and
transition area, and a management plan for each area.
(2) The head of a
local government or the head of a central administrative agency shall submit
the opinion to the Minister of Environment within 30 days from the date he or
she has received the request for opinion or consultation pursuant to paragraph
(1) insofar as there are no particular issues.
(3) When the
Minister of Environment has designated or changed an ecological and scenery
conservation area pursuant to the provisions of paragraph (1), he or she shall announce
the details of the designation or change as prescribed by Ordinance of the
Ministry of Environment in the Official Gazette without delay.
Article 14 (Basic Plan for Management of Ecological and Scenery
Conservation Area)
The Minister of
Environment shall draft and execute a basic plan for management of the ecology
and scenery conservation area containing the following matters after
consultation with the head of the relevant central administrative agency and
Mayor/Do Governor relating to the ecological and scenery conservation area.
1. Conservation and management of the natural ecology, natural
scenery and biological diversity;
2. Improvement of the living standards of residents in the
ecological and scenery conservation area and protection of the interests of
interested persons;
3. Matters to contribute to the development of the community through
management of natural resources and conservation of the ecosystem;
4. Other matters necessary for drafting and execution of the basic
plan of management of the ecological and scenery conservation area, which are
prescribed by Presidential Decree.
Article 15 (Restriction of Acts in Ecological and Scenery
Conservation Area)
(1) No one shall
damage natural ecology or natural scenery, which falls under any of the
following subparagraphs in any ecological and scenery conservation area:
Provided, That if an ecological and scenery conservation area includes a park
district designated pursuant to the Natural Parks Act, or cultural property
(including a protection district) pursuant to the Cultural Heritage Protection
Act, it shall be governed by the Natural Parks Act or the Cultural Heritage
Protection Act:
1. Capturing, gathering, transplanting, damaging, or withering to
death the wild fauna and flora, or laying any explosives, hook, snare, net,
trap, etc., or scattering or pouring any poison, agricultural chemical, etc. to
capture or to wither to death the wild fauna and flora in the core area;
2. Constructing and enlarging (limited to the case of enlargement by
two times or more of the total construction area at the time of designation as
an ecological and scenery conservation area) a building and other structures
(hereinafter referred to as a "building, etc."), and change of form
and quality of land;
3. Changing the form of a river, lake, etc. or causing any increase
or decrease of water level or water volume;
4. Gathering soil and stone;
5. Other acts prescribed by Presidential Decree among the acts
acknowledged as harmful to the conservation of the natural environment.
(2) Paragraph (1)
shall not apply in any of the following cases:
1. Where such act is necessary for military purposes;
2. Where emergency measures are required due to a natural disaster
prescribed by Presidential Decree or disaster corresponding thereto;
3. Where an act prescribed by Presidential Decree is performed, such
as an act which is required to keep the mode of living or to improve standard
of living of the residents in the ecological and scenery conservation area, or
an act which is needed to continue farming that has been performed at the time
of designation as an ecological and scenery conservation area;
4. Where the Minister of Environment permits as prescribed by
Ordinance of the Ministry of Environment, in deeming that such act not cause
inconvenience to the conservation of the relevant area;
5. Where the matters included in the basic plan for the management
of ecological and scenery conservation area pursuant to the provisions of
Article 14 are executed in conducting an agricultural infrastructure
improvement project defined in the provisions of Article 2 of the Agricultural
and Fishing Villages Improvement Act;
6. Where projects are executed according to the forest management
plan pursuant to the Creation and Management of Forest Resources Act, and for
the protection of forests and the conservation of an arboreal genetic resources
protection district under the Forest Protection Act, without deforestation or
diversion of form and quality of land;
7. Where the head of the relevant administrative agency grants
authorization, permission, approval, etc. (hereinafter referred to as
"authorization, permission, etc.") or directly executes such
activities pursuant to other statutes. In such cases, the head of the relevant
administrative agency shall consult with the Minister of Environment in
advance;
8. Where the Minister of Environment performs an act and installs
the necessary facility prescribed by Presidential Decree to protect and manage
the ecological and scenery conservation area.
(3)
Notwithstanding paragraph (1), the following acts are allowed in the buffer
area:
1. Erection of a building, etc. prescribed by Presidential Decree,
which is for dwelling, livelihood, etc. on land which has categorized as a
building site (limited to land, the category of which was building site before
the designation as an ecological and scenery conservation area) pursuant to the
Act on the Establishment and Management of Spatial Data;
2. Installation of a facility prescribed by Presidential Decree for
investigation into ecology, ecological studies, etc.;
3. Execution of forestry projects according to the forest management
plan pursuant to the Creation and Management of Forest Resources Act and for
the protection of forests and the conservation and management of an arboreal
genetic resources protection district, etc. under the Forest Protection Act;
4. Installation of a facility for measuring streamflow and
groundwater, and drainage, or erection of a building, etc. similar to these and
annexed to agriculture, forestry and fishery;
5. Establishment of an individual cemetery under Article 14 (1) 1 of
the Act on Funeral Services.
(4)
Notwithstanding paragraph (1), the following acts may be performed in the
transition area:
1. Acts of each subparagraph of paragraph (3);
2. Erection of a building, etc. prescribed by Presidential Decree
for maintenance of mode of life or improvement of the standard of living of
persons who are residing in the transition area;
3. Installation of facilities for food, lodging, or shopping
prescribed by Presidential Decree for persons visiting the ecological and
scenery conservation area;
4. Installation of public facilities and facilities for convenient
livelihood prescribed by Presidential Decree for local residents and visitors,
such as road and water supply and drainage.
(5) The Minister
of Environment may restrict development projects prescribed by Presidential
Decree, or limit farming notwithstanding the provisions of paragraph (2) 3
where it is particularly necessary for the conservation of vulnerable natural
ecology and natural scenery.
Article 16 (Prohibited Acts in Ecological and Scenery Conservation
Area)
No one shall
perform any act falling under any of the following subparagraphs in the
ecological and scenery conservation area: Provided, That this shall not apply
where it is necessary for military purposes, or emergency measures are required
due to natural disaster prescribed by Presidential Decree, or other disaster
equivalent thereto:
1. Dumping specified substances hazardous to water quality defined
in the provisions of Article 2 of the Water Environment Conservation Act,
wasters defined in the provisions of Article 2 of the Wastes Control Act, or
toxic substances defined in the provisions of Article 2 of the Chemical
Substances Control Act;
2. Possessing inflammables prescribed by Ordinance of the Ministry
of Environment, or cooking or camping in any place other than that designated
by the Minister of Environment (limited to the core area and buffer area);
3. Act of staining, damaging, or moving signboards or other
signposts regarding conservation of the natural environment;
4. Other acts, such as gathering of grass or trees and lumbering,
which are prescribed by Presidential Decree as acts prohibited for the
conservation of an ecological and scenery conservation area.
Article 16-2 (Limited Access to Ecological and Scenery Conservation
Areas)
(1) The Minister
of Environment may restrict or prohibit access to all or part of an ecological
and scenery conservation area for a specified period in any of the following
cases:
1. Where limited access is deemed particularly necessary in order to
protect an ecological and scenery conservation area, such as a natural
ecosystem and natural scenery;
2. Cases for recovery of the natural environment damaged due to
natural or artificial factors;
3. Cases for safety of persons who enter an ecological and scenery
conservation area.
(2)
Notwithstanding paragraph (1), any of the following persons may enter an
ecological and scenery conservation area:
1. A resident of a relevant region who enters the area to do daily
work, such as carrying out ordinary business of agriculture, forestry or
fisheries;
2. A person who enters the area to carry out business for conserving
ecological and scenery conservation areas;
3. A person who enters the area for military purposes;
4. A person who enters the area to take actions necessary for
activities, relief, etc., to prevent natural disasters referred to in
subparagraph 2 of Article 2 of the Countermeasures against Natural Disasters
Act, take emergency countermeasures, or perform restoration work, etc.;
5. A person who enters the area to administer or manage a state
forest referred to in the State Forest Administration and Management Act;
6. A person who enters the area for the implementation of forest
management plans and the protection of forests referred to in the Forest
Resources Creation and Management Act or for the conservation and management of
a forest gene resources protection area referred to in the Forest Protection
Act;
7. Other persons who enter the area to carry out an act determined
by Presidential Decree which does not obstruct the conservation or management
of an ecological and scenery conservation area.
(3) Where the
Minister of Environment intends to restrict or prohibit access pursuant to
paragraph (1), he or she shall publicly notify the location and size of a
relevant area, the period for limited or prohibited access, and other matters
determined by Ordinance of the Ministry of Environment in advance.
(4) If the
Minister of Environment deems the grounds for limited or prohibited access
eliminated, he or she shall lift limits to, or prohibition of, access without
delay, and publicly notify such fact.
Article 17 (Order of Suspension)
The Minister of
Environment may order a person who has performed an act in violation of the
provisions of Article 15 (1) in an ecological and scenery conservation area to
suspend that act, or to restore the item to original state within a reasonable
period of time that he or she has set: Provided, That he or she may order to
take equivalent measures, such as construction of alternative nature, where
restoration to the original state is difficult.
Article 18 (Securing Land for Conservation of Natural Ecology and
Natural Scenery)
(1) Where land,
buildings, or items fixed to land (hereinafter referred to as "land,
etc.") owned by the State located in an ecological and scenery
conservation area, or an area required to be designated as an ecological and
scenery conservation area because it has remarkably high ecological value
become unnecessary for military purposes or for the purpose of protection of
cultural properties, etc., the Minister of Environment may request the head of
a central administrative agency, such as the Minister of National Defense and
the Administrator of the Cultural Heritage Administration, having authority to
manage such land, etc., for administrative conversion pursuant to subparagraph
of Article 2 of the State Properties Act: Provided, That this shall not apply
to land pursuant to the provisions of Articles 20 and 20-2 of the Act on
Special Measures for Readjustment of Requisitioned Properties and Articles 2
and 3 of the Act on Special Measures for Readjustment of Expropriated or Used
Lands under the Decree on Special Measures for Expropriation or Uses of Lands
in Areas to be Mobilized pursuant to the provisions of Article 5 (4) of the Act
on Special Measures for National Integrity.
(2) The Minister
of Environment may, as prescribed by Presidential Decree, perform an inspection
after consultation with the head of a relevant central administrative agency,
such as the Minister of National Defense and the Administrator of the Cultural
Heritage Administration, in order to select land, etc. to be subject for
administrative conversion pursuant to paragraph (1).
Article 19 (Procurement of Land in Ecological and Scenery
Conservation Area)
(1) Where the
Minister of Environment deems necessary for the conservation of the ecosystem
in an ecological and scenery conservation area or natural reserve area, he or
she may purchase land, etc. in those areas after consultation with the owner.
(2) The purchase
price of land, etc., when purchasing land, etc. pursuant to the provisions of
paragraph (1), shall be based on the value calculated pursuant to the Act on
Acquisition of and Compensation for Land for Public Works Projects.
Article 20 (Support for Residents in Ecological and Scenery
Conservation Area)
(1) Where a
resident expands his or her house in an area (hereafter referred to as an
"adjoining area" in this Article) which may directly affect water
quality, etc. of an ecological and scenery conservation area, the Minister of
Environment may support all or part of the expenses for installation of a
private sewage treatment facility and excreta treatment facility pursuant to
the Sewerage Act.
(2) The Minister
of Environment shall, first of all, formulate plans to support treatment of
sewage and waste water in the ecological and scenery conservation area and its
adjoining area. In such cases, he or she may request the head of the competent
central administrative agency or head of the relevant local government to take
measures necessary for the support and measures necessary for the promotion of
eco-friendly agriculture, forestry, and fishing industry.
(3) Necessary
matters, such as procedures and methods, for support for ecological and scenery
conservation areas and their adjoining areas, under the provisions of paragraph
(1) shall be prescribed by Presidential Decree.
Article 21 (Priority Utilization of Ecological and Scenery
Conservation Area)
(1) The Minister
of Environment shall grant priority utilization to residents in the ecological
and scenery conservation area after consultation with the head of the competent
central administrative agency and the head of local government: Provided, That,
where there is an interested person, such as an owner of land, this shall apply
only if an agreement has been made with him or her.
(2) Residents who
utilize the ecological and scenery conservation area pursuant to the provisions
of paragraph (1) shall make every effort for conservation of the area.
Article 21-2 (Support for Biosphere Reserves)
The head of a
relevant administrative agency may provide necessary financial support to
conserve and manage biosphere reserves selected by UNESCO.
Article 22 (Natural Reserve Area)
(1) The Minister
of Environment shall, regarding a natural reserve area, formulate a
comprehensive plan or policy for the conservation of the ecosystem and
sustainable use of the natural environment after consultation with the head of
the competent central administrative agency and the relevant Mayor/Do Governor.
(2) The
provisions of Articles 15 (1), (2) and (5), 16, and 17 shall apply mutatis
mutandis to the restriction of acts, orders of suspension, etc. in the natural
reserve area: Provided, That this shall not apply to projects for peaceful use
performed in the Demilitarized Zone (DMZ) in accordance with an agreement
between South and North Korea, and projects relating to unification policies
implemented by the Minister of Unification after consultation with the Minister
of Environment.
Article 23 (Designation and Conservation of City/Do Ecological and
Scenery Conservation Areas)
(1) The Mayor/Do
Governor may designate and manage an area which is equivalent to the ecological
and scenery conservation area and thus deemed necessary to conserve as a
City/Do ecological and scenery conservation area.
(2) The Minister
of Environment may recommend that the Mayor/Do Governor designate and manage an
area in need of conservation of natural ecology and natural scenery which
represents the relevant area as a City/Do ecological and scenery conservation
area.
(3) The
provisions of Article 12 shall apply mutatis mutandis to designation standards,
classification of boundaries, revocation of designations, etc. of City/Do
ecological and scenery conservation areas.
Article 24 (Procedures for Designation of City/Do Ecological and
Scenery Conservation Areas)
(1) When the
Mayor/Do Governor intends to designate or change a City/Do ecological and
scenery conservation area, he or she shall, with a designation plan containing
the contents of each subparagraph of Article 13 (1) along with a topographical
map prescribed by Presidential Decree, undergo the deliberation of the City/Do
Environmental Policy Committee (hereinafter referred to as "Local
Environmental Policy Committee") referred to in Article 58 of the
Framework Act on Environmental Policy through consultation with the head of a
competent basin environmental management office or the head of a regional
environmental office (hereinafter referred to as the "head of a local environmental
management office"), and the head of a relevant administrative agency
after collecting opinions of residents of the relevant area, interested persons
and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an
autonomous Gu; hereinafter the same shall apply): Provided, That in cases of
changing minor matters that have been laid down by City/Do ordinances, the
Local Environmental Policy Committee may decide not to deliberate.
(2) The head of a
relevant Si/Gun/Gu, head of a local environmental management office or head of
a relevant administrative agency who has been requested to consider an opinion
or consultation shall produce his or her opinion within 30 days from the date
on which he or she receives such request, except in extenuating circumstances.
(3) When the
Mayor/Do Governor designates or changes a City/Do ecological and scenery
conservation area pursuant to paragraph (1), he or she shall publicize the location
and size of the relevant area, date of designation, and other matters
prescribed by ordinances of the relevant local government.
Article 25 (Management Plan for City/Do Ecological and Scenery
Conservation Area)
The Mayor/Do Governor
shall draft and implement a plan for management of City/Do ecological and
scenery conservation area pursuant to ordinances laid down by the relevant
local government in accordance with the provisions of Article 14.
Article 26 (Restriction of Acts in City/Do Ecological and Scenery
Conservation Area)
The Mayor/Do
Governor may take measures necessary for the conservation and management of a
City/Do ecological and scenery conservation area pursuant to ordinances laid
down by the relevant local government in accordance with the provisions of
Articles 15 through 17.
Article 27 (Conservation of Natural Scenery)
(1) The head of a
relevant central administrative agency and the head of a local government shall
endeavor to prevent major elements of scenery, such as coastline with high
scenic value, from being damaged, or views thereof from being obstructed.
(2) The head of a
local government shall, when executing various projects as prescribed by
municipal ordinances, take necessary measures to conserve natural scenery.
(3) The Minister
of Environment may set up guidelines necessary for conservation of natural
scenery and notify the head of the relevant administrative agency and head of
the local government.
Article 28 (Consultation on Impact on Natural Scenery)
(1) When the head
of a relevant administrative agency or the head of a local government intends
to grant authorization, permission, etc. of plans subject to strategic
environmental impact assessment referred to in Article 9 of the Environmental
Impact Assessment Act, projects subject to environmental impact assessment
referred to in Article 22 of that Act, or projects subject to small-scale
environmental impact assessment referred to in Article 43 of that Act among the
development projects, etc. prescribed in the following subparagraphs, he or she
shall include impacts on the natural scenery by a relevant development project,
etc., conservation plans, etc. in the details of consultations on strategic
environmental impact assessment, environmental impact assessment, or
small-scale environmental impact assessment, and consult with the Minister of
Environment or the head of a local environmental management office:
1. A development project, etc. in an area within the distance
prescribed by Presidential Decree from any of the following areas:
(a) A natural park defined in subparagraph 1 of Article 2 of the
Natural Parks Act;
(b) A wetland protection area designated pursuant to Article 8 of
the Wetlands Conservation Act;
(c) An ecological and scenery conservation area;
2. A development project, etc. other than projects referred to in
subparagraph 1 prescribed by Presidential Decree as determined to have a
substantial impact on the natural environment.
(2) Where the
Minister of Environment or the head of a local environmental management office
receives a request for consultation pursuant to paragraph (1), the Minister of
Environment shall undergo deliberation of the Central Environmental Policy
Committee, and the head of a local environmental management office shall
undergo deliberation of the Natural Scenery Deliberation Committee established
under Article 29 regarding impacts on the natural scenery by the relevant
development project, etc., conservation plans, etc.
(3) When the head
of a local government intends to authorize, permit, etc. a development project,
etc. which is not subject to consultations on environmental impact assessment
or small-scale environmental impact assessment, or other development projects,
etc. prescribed by ordinances of the local government as determined to have a
substantial impact on the natural environment, from among the development
project, etc. of each subparagraph of paragraph (1), he or she shall abide by
the examination standards regarding natural scenery laid down by Ordinance of
the Ministry of Environment: Provided, That this shall not apply to cases
prescribed by Presidential Decree, such as cases of undergoing deliberation of
the local urban planning committee referred to in Article 59 of the National
Land Planning and Utilization Act.
Article 29 (Organization and Operation of Natural Scenery
Deliberation Committee)
(1) A natural
scenery deliberation committee shall be established under the jurisdiction of
the head of a local environmental management office to examine and deliberate
professionally and efficiently where he or she receives a request for
consultation pursuant to Article 28.
(2) Matters
necessary for organization, operation, etc. of the natural scenery deliberation
committee pursuant to paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER III CONSERVATION OF BIOLOGICAL
DIVERSITY
Article 30 (Survey on Natural Environment)
(1) The Minister
of Environment shall survey the natural environment of the nation every five
years in cooperation with the head of a relevant central administrative agency.
(2) The Minister
of Environment may survey the natural environment every two years in
cooperation with the head of a relevant central administrative agency regarding
areas which are classified as a first grade zone on ecological and natural maps
and areas changes in the natural surroundings of which are deemed requiring
special observation.
(3) The head of a
local government may survey the natural environment of an area under his or her
jurisdiction, as laid down by ordinance of the relevant local government.
(4) The head of a
local government shall report survey plans and survey findings to the Minister
of Environment when he or she surveys the natural environment pursuant to
paragraph (3).
(5) The details
and methods of survey referred to in paragraphs (1) and (2), and other
necessary matters shall be prescribed by Presidential Decree.
Article 31 (In-depth Survey and Observation of Changes in Ecosystem)
(1) The Minister
of Environment shall formulate and execute a plan for in-depth survey of the
relevant ecosystem, where he or she deems it necessary to manage after a
special survey on the ecosystem which has been newly ascertained by findings of
surveys pursuant to the provisions of Article 30.
(2) The Minister
of Environment may make a supplementary survey of an area where changes in the
ecosystem are conspicuous due to natural or artificial causes, from among the
areas that have undergone investigation pursuant to the provisions of Article
30.
(3) The Minister
of Environment shall continuously observe changes in the ecosystem due to
natural or artificial causes.
(4) The head of a
local government may perform surveys and observations pursuant to the
provisions of paragraphs (1) through (3) into the area under his or her
jurisdiction as prescribed by ordinances of the relevant local government.
(5) Matters
necessary for survey and observation pursuant to the provisions of paragraphs
(1) through (3) shall be prescribed by Ordinance of the Ministry of
Environment.
Article 32 (Natural Environment Surveyor)
(1) The Minister
of Environment or the head of a local government may, if necessary for
performing a survey of the natural environment pursuant to the provisions of
Article 30, an in-depth survey and supplementary survey pursuant to the
provisions of Article 31 or other surveys of the natural environment, employ
natural environment surveyors during the survey period (hereinafter referred to
as an "surveyor").
(5) The details
and methods of investigation referred to in paragraphs (1) and (2), and other
necessary matters shall be prescribed by Presidential Decree.
Article 33 (Entry into Lands Owned by Other Persons)
(1) The Minister
of Environment or the head of a local government may order a public official or
surveyor under his or her control to enter another person's land, or to change
or remove trees, soil, stones, or other obstacles, if necessary for conducting
a survey of the natural environment pursuant to Article 30 or a an in-depth
survey and supplementary survey pursuant to the provisions of Article 31.
(2) Anyone who
intends to enter another person's land pursuant to the provisions of paragraph
(1) shall notify the owner, occupant, or manager of the land not later than
three days prior to the date of entry.
(3) Anyone who
intends to change or remove obstacles pursuant to the provisions of paragraph
(1) shall obtain the consent of the owner, occupant, or manager thereof:
Provided, That where the owner, occupant, or manager is not at the site, or if
his or her address is not known, notification of change or removal shall be
made on the bulletin board of the Eup/Myeon/Dong that has jurisdiction over the
relevant area or shall be published in the daily newspaper. In such cases,
consent shall be deemed to have been obtained when 14 days have passed since
the date of such notification or publication.
(4) The owner,
occupant, or manager of land shall not refuse, obstruct, or evade the survey
pursuant to the provisions of paragraph (1) insofar as there are no reasonable
grounds.
(5) Anyone who
intends to enter another person's land pursuant to the provisions of paragraph
(1) shall carry identification showing his or her authority as prescribed by
Ordinance of the Ministry of Environment and present it to interested persons
Article 34 (Drafting and Utilization of Ecological and Natural Maps)
(1) For the
purpose of use in the formulation and implementation of various development
plans, the Minister of Environment shall draft an ecological and natural map of
the natural environment of the nation in accordance with the following
classifications on the basis of findings of the surveys referred to in Articles
30 and 31:
1. First grade zone: An area falling under the following:
(a) An area which becomes a major habitat, place of visitation and
major ecological axis, or ecological corridor for endangered wildlife referred
to in subparagraph 2 of Article 2 of the Wildlife Protection and Management Act
(hereinafter referred to as "endangered wildlife");
(b) An area where the ecosystem is particularly excellent or scenery
is especially spectacular;
(c) An ecosystem area which is located on the boundary of geographical
distribution of living things, or area which represents the types of major
vegetation;
(d) An area where biological diversity is particularly abundant, and
where biological resources with high conservation value are distributed;
(e) Other areas having ecological value corresponding to items (a)
through (d) which meet standards prescribed by Presidential Decree;
2. Second grade zone: An area corresponding to those falling under
the items of subparagraph 1 and worthy of conservation in the future, or an
area outside a first grade zone and necessary to protect a first grade zone;
3. Third grade zone: An area other than one classified as a first
grade zone, second grade zone, and separately managed zone, which is subject to
development or utilization;
4. Separately managed zone: An area prescribed by Presidential
Decree which has historical, cultural or scenic value, or is managed to
conserve a green belt located in a city and for other reasons, from among areas
conserved pursuant to the provisions of other statutes.
(2) The Minister
of Environment may draft an ecological and natural map by making detailed
classification of the zones referred to in paragraph (1) 1 through 3 to
efficiently utilize the map, as prescribed by Ordinance of the Ministry of
Environment.
(3) Where the
Minister of Environment drafts an ecological and natural map, he or she may
request the head of a relevant central administrative agency or head of a local
government for cooperation in providing with necessary data or specialized
manpower. In such cases, unless it is inevitable to refuse due to military
purposes, the head of the relevant central administrative agency or the head of
the local government shall cooperate with the request for data, as prescribed
by Presidential Decree.
(4) The
ecological and natural map shall be drawn in solid lines at a scale of at least
1/25,000. Other matters necessary for drawing ecological and natural maps, such
as drawing standards of ecological and natural maps and drawing methods, and
objects of utilization and methods of utilization of the ecological and natural
map referred to in paragraph (1) shall be prescribed by Presidential Decree.
(5) When the
Minister of Environment drafts an ecological and natural map, he or she shall
draw it up after making it available to public inspection for at least 14 days
and release the ecological and natural map after notifying of the map the head
of a relevant central administrative agency and the head of a local government.
(6) Deleted.
Article 34-2 (Drafting and Utilization of Urban Ecological Maps)
(1) The Special
Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing
City Mayor, the Special Self-Governing Province Governor, or the head of a Si
(referring to the head of a Si under Article 2 (1) 2 of the Local Autonomy Act;
hereafter the same shall apply in this Article) shall draft a detailed
ecological and natural map of an urban area under his or her jurisdiction
(hereinafter referred to as "urban ecological map") on the basis of
the ecological and natural map drawn up by the Minister of Environment, and
redrafts it every five years reflecting the changes in urban environment. In
such cases, the urban ecological map shall be drawn on a map the scale of which
is at least 1 to 5,000.
(2) To prepare an
urban ecological map, the Special Metropolitan City Mayor, a Metropolitan City
Mayor, the Special Self-Governing City Mayor, the Special Self-Governing
Province Governor, or the head of a Si (hereinafter referred to as "head
of a local government that drafts an urban ecological map") may request
the heads of relevant administrative agencies to provide necessary data.
(3) The head of a
relevant administrative agency in receipt of a request under paragraph (2)
shall comply therewith except in extenuating circumstances.
(4) The head of a
local government that drafts an urban ecological map shall submit the urban
ecological map to the Minister of Environment.
(5) The Minister
of Environment or a Do Governor may provide a subsidy to the head of a local
government that drafts an urban ecological map to cover part of the expenses
incurred in drafting it.
(6) Except as
provided in paragraphs (1) through (5), matters necessary for drafting and
utilizing urban ecological maps shall be prescribed by Ordinance of the
Ministry of Environment.
Article 35 (Measures for Conservation of Ecosystems and
International Cooperation)
(1) The
Government shall formulate and implement measures for conservation and
sustainable utilization of biological diversity and biological resources,
proper management of biological resources, and implementation of the Convention
on Biological Diversity, the Convention on International Trade in Endangered
Species of Wild Fauna and Flora and the Convention on Wetlands of International
Importance, Especially as Waterfowl Habitat, etc. (hereinafter referred to as
the "Convention on Biological Diversity, etc.") to which the State is
a signatory:
1. Deleted;
2. Deleted;
3. Deleted;
4. Deleted;
5. Deleted;
6. Deleted.
(2) The
Government shall endeavor to exchange technology, information, etc. to conserve
the natural environment in cooperation with international organizations and
foreign governments related to the Convention on Biological Diversity, etc.
Article 36 (Research and Technology Development Regarding Ecosystems)
(1) The
Government shall carry out research and technology development with regard to
survey of the natural environment, research on the structure, function and
restoration of ecosystems, and changes in, and adaptation to, ecosystems caused
by climate change, etc.
(2) The
Government shall conduct surveys of changes in, and adaptation to, ecosystems
following climate change, management cases, an ecosystem, etc. vulnerable to
climate change, etc.
(3) Deleted.
(4) Objects and
methods of survey referred to in paragraph (2) and other necessary matters
shall be prescribed by Presidential Decree.
Article 37 Deleted.
CHAPTER IV MANAGEMENT OF NATURAL ASSET
Article 38 (Installation and Operation of Facilities for
Conservation and Use of Natural Environment)
(1) For the
purposes of conservation and sound utilization of the natural environment, the
head of a relevant central administrative agency and the head of a local
government may install the following facilities:
1. Facilities for conservation or prevention of damage to the
natural environment;
2. Facilities for restoration or recovery of a damaged natural
environment;
3. Facilities for use or observation of the natural environment,
including facilities for providing information on the conservation of the
natural environment and wooden platforms for the observation of ecology;
4. Facilities for education, public relations, or management for
conservation or use of the natural environment, such as a museum of nature
conservation and a nature study institute;
5. Other facilities for conservation of natural assets.
(2) Where the
head of a relevant central administrative agency or the head of a local
government intends to install or operate facilities for conservation and use of
the natural environment pursuant to the provisions of paragraph (1), he or she
shall formulate installation plans and notify them publicly as prescribed by
Ordinance of the Ministry of Environment.
(3) The head of a
relevant central administrative agency and the head of a local government may
collect fees from those who use the facilities for conservation and use of the
natural environment which have been installed pursuant to the provisions of
paragraph (1), in consideration of the costs of maintenance, management, etc.:
Provided, That any park area designated by the Natural Parks Act shall be
governed by the provisions of the Natural Parks Act.
(4) Necessary
matters relating to the amount of fees, collection procedures thereof, and
exemption therefrom pursuant to the provisions of paragraph (3) shall be
prescribed by Ordinance of the Ministry of Environment.
Article 39 (Designation and Management of Natural Resting Area)
(1) The head of a
local government may designate as natural resting areas an appropriate area
which is of high ecological, scenic value, etc. and is suitable for survey of
nature, ecological education, etc. from among areas which are not designated by
other statutes as parks, tourist facility complexes, natural recreation
forests, etc. in accordance with Presidential Decree. In such cases, the
opinion of the owner, etc. of private land shall be heard before such private
land is designated as a natural resting area.
(2) For the
purpose of efficient management of natural resting areas designated pursuant to
the provisions of paragraph (1), the head of a local government may collect
fees from those who use natural resting areas as prescribed by municipal
ordinances in consideration of the costs of maintenance, management, etc.:
Provided, That this shall not apply where these have been designated by other
statutes as parks, tourist facility complex, natural recreation forests, etc.
after they have been designated as natural resting areas.
(3) Management of
natural resting areas pursuant to the provisions of paragraph (1) and other
necessary matters shall be prescribed by ordinances of the relevant local
government.
Article 40 (Prevention of Damage to Nature Used by General Public)
In the following
cases, the head of a local government may restrict the lumbering of growing
trees, change of form and quality of land, or access, cooking and camping in
order to prevent damage to areas of ecological or scenic value, etc. as
prescribed by ordinances of the relevant local government:
1. Where the value of a forest adjoining a place used by the general
public, such as a beach, decreases substantially or is lost if it is damaged;
2. Where the scenic value decreases substantially if forests, large
trees, etc. alongside a road or railroad are damaged;
3. Other cases that correspond to subparagraph 1 or 2 and satisfy
the standards prescribed by Presidential Decree.
Article 41 (Promotion of Ecotourism)
(1) The Minister
of Environment may designate an area the environment of which has high
conservation value and where it is possible to experience the importance of
protecting the ecosystem and to provide education thereon in order to promote
ecotourism, after consultation with the Minister of Culture, Sports and
Tourism.
(2) The Minister
of Environment may provide a local government exercising jurisdiction over an
area designated pursuant to paragraph (1) (hereinafter referred to as
"ecological tourism zone") with subsidies for all or some of the
costs required for managing and operating the ecological tourism zone, within
the budget.
(3) The Minister
of Environment may formulate and implement plans for the installation or
management of facilities for education necessary for ecotourism, facilities for
survey and discovery of resources of ecotourism, and facilities for sound use
by people, in cooperation with the Minister of Culture, Sports and Tourism and
the head of a relevant local government, or may recommend the head of the local
government as such.
Article 42 (Designation of Ecological Village)
(1) The Minister
of Environment or the head of a local government may designate any of the
following villages as an ecological village:
1. A village within an ecological and scenery conservation area;
2. A village that is outside the ecological and scenery conservation
area, but has ecological functionality and beautiful natural scenery: Provided,
That a village in a mountain village development district designated pursuant
to Article 28 of the Framework Act on Forestry is excluded.
(2) The Minister
of Environment or the head of a local government shall preferentially devise
and implement installation of facilities for the convenience of residents of
the area, such as public facilities, and a plan for increasing resident income,
if he or she has designated an ecological village pursuant to paragraph (1).
(3) Where the
ecological functions, beautiful natural scenery, etc. of an ecological village
designated pursuant to paragraph (1) have been significantly damaged due to
urban development, etc., the Minister of Environment or the head of a relevant
local government may revoke the designation of the ecological village.
(4) Necessary
matters for standards and procedures for designation, revocation, etc. of
ecological villages referred to in paragraphs (1) through (3) shall be
prescribed by Ordinance of the Ministry of Environment.
(5) If the
Minister of Environment or the head of a local government intends to revoke the
designation pursuant to paragraph (3), he or she shall hold a hearing.
Article 43 (Enhancement of Ecological Soundness of Cities)
(1) The State or
a local government shall recover urban areas which have been damaged or
neglected, or endeavor to prevent the following areas from being damaged in
order to enhance the ecological soundness of a city:
1. An ecological and scenery conservation area referred to in
Article 12;
2. A first grade zone on an ecological and natural map referred to
in Article 34 (1) 1;
3. A wetland protection area referred to in Article 8 of the
Wetlands Conservation Act;
4. A wildlife protection area referred to in Article 33 of the
Wildlife Protection and Management Act;
5. A natural park referred to in subparagraph 1 of Article 2 of the
Natural Parks Act.
(2) To promote
conservation of the natural environment, enhancement, etc. of ecological
soundness of a city, the Minister of Environment may recommend to the head of a
relevant administrative agency and the head of a local government guidelines
and evaluation indexes on conservation of the natural environment and
ecological soundness, such as establishing an ecological axis, conserving
biological diversity, conserving natural scenery, securing a wind passage, and
restoring ecology, in consultation with the head of a relevant central
administrative agency.
(3) The Minister
of Environment may recommend the development and utilization of technology that
enables less consumption of water and energy or less generation of waste
possible, or ecological technology that enhances biological diversity, the
improvement of systems for these, and other matters to the head of a relevant
central administrative agency or the head of a local government.
(4) For the
purpose of improvement, etc. of biological diversity of a city, the Minister of
Environment may request that the head of the competent central administrative
agency or the head of a local government create green areas, sub-ecosystems,
etc.
(5) When the head
of a relevant central administrative agency or the head of a local government
has received a recommendation or request from the Minister of Environment
referred to in paragraphs (2) through (4), he or she shall endeavor to have the
relevant matter accepted.
Article 43-2 (Urban Ecology Restoration Projects)
(1) A Mayor/Do
Governor or the head of a Si/Gun/Gu may execute a project to restore urban
ecology in any of the following areas where the restoration is deemed
particularly necessary to maintain the continuity of ecosystems or to improve
ecosystem functions. In such cases, if the area for an urban ecology
restoration project extends over two or more local governments, the heads of
local governments having jurisdiction over such areas may jointly execute the
urban ecology restoration project:
1. An area where an urban ecological axis is disconnected or damaged
and needs to be connected or restored;
2. An area where the natural environment inside a city is damaged
and needs to be urgently restored;
3. An area where the ecological area (referring to the area of soil
with ecological functions or the natural circulation function) inside a city
needs to be secured due to the artificial development of the city, such as the
construction of buildings and the pavement of land;
4. Any other area designated by Ordinance of the Ministry of
Environment.
(2) Where a
Mayor/Do Governor executes an urban ecology restoration project pursuant to
paragraph (1), he or she shall hear the opinion of the head of the competent
Si/Gun/Gu.
(3) Where a
Mayor/Do Governor or the head of a Si/Gun/Gu executes an urban ecology
restoration project pursuant to paragraph (1), he or she shall formulate a plan
for the urban ecology restoration project including the following matters:
1. Name, location and area of the urban ecology restoration project;
2. Purpose of the urban ecology restoration project;
3. Details and period of the urban ecology restoration project;
4. Effect of the urban ecology restoration project;
5. Financing plan for the urban ecology restoration project;
6. Plan for the maintenance and management of the urban ecology
restoration project.
(4) The
Government or a Mayor/Do Governor may subsidize part of the project cost of the
urban ecology restoration project referred to in paragraph (1) within the
budget according to the following distinction:
1. Where a Mayor/Do Governor executes an urban ecology restoration
project: The Government;
2. Where the head of a Si/Gun/Gu executes an urban ecology
restoration project: The Government or the Mayor/Do Governor.
(5) Except as
provided in paragraphs (1) through (4), matters necessary for urban ecology
restoration projects shall be prescribed by Ordinance of the Ministry of
Environment.
Article 44 Deleted.
Article 45 (Installation of Ecological Corridors)
(1) In
conducting, authorizing or permitting a development project, etc., the State or
a local government shall take necessary measures, such as the installation of
an ecological corridor, or have such actions to be taken, in order not to sever
the mobility of wildlife and ecological continuity.
(2) The State or
a local government shall conduct surveys of and research on areas where the
mobility of wildlife and ecological continuity are severed, and formulate and
implement ecological corridor installation plans for areas which require
ecological corridors. In such cases, it may request the management entity of a
road, railway, etc. located in an area requiring an ecological corridor to
install an ecological corridor, and the person who has received such request
shall install an ecological corridor, except in extenuating circumstances.
(3) A person who
intends to install an ecological corridor pursuant to paragraphs (1) and (2)
shall conduct the following surveys:
1. Species of wildlife which inhabit the relevant area;
2. Species of wildlife the habitats of which are likely to be
severed due to the implementation of a development project, etc.;
3. Species of wildlife against which an accident, such as car
accidents, is highly likely to occur;
4. Investigations into connection with a major ecological axis, such
as Baekdudaegan referred to in subparagraph 1 of Article 2 of the Baekdudaegan
Protection Act.
(4) Areas subject
to the installation of ecological corridors referred to in paragraph (1),
standards for the installation of ecological corridors, etc. according to the
characteristics of wildlife, and other necessary matters shall be prescribed by
Ordinance of the Ministry of Environment.
Article 45-2 (Surveys of Ecological Corridors)
(1) A person who
is installing or managing an ecological corridor pursuant to Article 45 (1) or
(2) (hereinafter referred to as "installer or manager of an ecological
corridor") shall conduct surveys in accordance with the cycle and method
prescribed by Ordinance of the Ministry of Environment so that an ecological
corridor can be utilized in an appropriate manner.
(2) The Minister
of Environment may request an installer or manager of an ecological corridor to
submit materials related to the following matters. In such cases, the installer
or manager of an ecological corridor shall submit the requested materials,
except in extenuating circumstances:
1. The current state of installation and management of an ecological
corridor;
2. Results of survey referred to in paragraph (1).
(3) The Minister
of Environment shall evaluate the materials referred to in paragraph (2) in
accordance with the criteria prescribed by Ordinance of the Ministry of
Environment, and if the ecological corridor is deemed functioning improperly,
he or she may request the installer or manager of an ecological corridor to
take actions to improve it. In such cases, the installer or manager of an
ecological corridor shall take requested actions to improve the corridor,
except in extenuating circumstances.
CHAPTER IV-2 NATURAL ENVIRONMENT
RESTORATION PROJECTS
Article 45-3 (Implementation of Natural Environment Restoration
Projects)
(1) The Minister
of Environment shall prepare a list of candidate areas in need of restoration
of natural environment (hereinafter referred to as "candidate list")
by evaluating priorities, in accordance with the standards such as ecological
value of a damaged area and necessity of restoration based on the findings of
the following survey or observations:
1. Survey of natural environment under Article 30;
2. In-depth and supplementary surveys and observation under Article
31;
3. Ecological survey relating to climate change under Article 36
(2);
4. Wetlands survey under Article 4 of the Wetlands Conservation Act;
5. Other surveys of the natural environment prescribed by
Presidential Decree.
(2) The Minister
of Environment may implement a natural environment restoration project in areas
included in the candidate list. In such cases, the Minister of Environment
shall have a prior consultation with the head of the relevant administrative
agency on the redundancy with other projects, etc.
(3) The Minister
of Environment may recommend that any of the following persons (hereinafter
referred to as "implementers of natural environment restoration
projects") take measures necessary for the implementation of natural
environment restoration projects in areas included in the candidate list, and
may subsidize expenses necessary for the implementation of such recommendation
within the budget:
1. The Mayor/Do Governor or the head of a Si/Gun/Gu having
jurisdiction over the relevant area;
2. The head of the competent administrative agency having the
management authority over the relevant area under relevant statutes or
regulations.
3. A public organization, institution, or private person that is
holding or delegated or entrusted with the management authority over the
relevant area pursuant to related statutes and regulations or municipal
ordinances and rules.
(4) Matters
necessary for the standards for the evaluation of priorities and preparation of
the candidate list under paragraph (1) shall be prescribed by Presidential
Decree.
Article 45-4 (Formulation of Natural Environment Restoration Project
Plan)
(1) The Minister
of Environment and the implementer of a natural environment restoration project
who intend to take measures necessary for the implementation of natural
environment restoration projects according to the recommendation under Article
45-3 (3) shall formulate a plan for implementation of natural environment
restoration projects (hereinafter referred to as "plan for natural
environment restoration projects").
(2) A plan for
natural environment restoration projects shall include the following:
1. The necessity and goals of the projects;
2. Analysis of the location and current status of the prospective
project areas, the project period, and the total project cost;
3. Key methods to be used and a plan for utilization of professional
human resources;
4. Plan for the inspection, assessment, and maintenance and
management of the projects;
5. Other matters necessary for the implementation of natural
environment restoration projects.
(3) Where the
implementer of a natural environment restoration project formulates a plan for
natural environment restoration projects, he or she shall obtain approval from
the Minister of Environment. The same shall also apply to cases where he or she
intends to modify any approved important matters prescribed by Ordinance of the
Ministry of Environment.
(4) When the
Minister of Environment examines the plan for a natural environment restoration
project, he or she may hear the opinions of related experts or request the
implementer of the natural environment restoration project to submit relevant
data where necessary.
(5) Where the
Minister of Environment approves a plan for a natural environment restoration
project or approves modification thereof pursuant to paragraph (3), he or she
shall give public notice of the details thereof in the Official Gazette.
(6) The Minister
of Environment and an implementer of a natural environment restoration project
shall implement the natural environment restoration project according to the
plan for the natural environment restoration project, and if the implementer of
the natural environment restoration project fails to implement the natural
environment restoration project according to the plan for the natural
environment restoration project approved under paragraph (3), the Minister of
Environment may recover all or part of the expenses subsidized pursuant to
Article 45-3 (3).
(7) Matters
necessary for the formulation of a plan for natural environment restoration
projects pursuant to paragraph (1), approval and approval for modification by
the Minister of Environment under paragraph (3), recovery of expenses under
paragraph (6), and others shall be prescribed by Ordinance of the Ministry of
Environment.
Article 45-5 (Reporting and Evaluation of Results of Implementation
of Natural Environment Restoration Projects)
(1) The
implementer of a natural environment restoration project shall regularly report
the results of implementation of a natural environment restoration project
according to the plan for natural environment restoration projects to the Minister
of Environment.
(2) The Minister
of Environment may evaluate the results of implementation of the project
reported pursuant to paragraph (1) and subsidize expenses incurred in
implementing the natural environment restoration project on a differential
basis according to the evaluation results.
(3) The Minister
of Environment may request a relevant specialized institution to conduct
surveys, analysis, etc. necessary for efficiently conducting the evaluation
under paragraph (2).
(4) Matters
necessary for reporting on the results of implementation of the project under
paragraph (1), and the standards, methods, procedures for evaluating the
results of implementation of the project, and subsidization of expenses on a
differential basis under paragraph (2) shall be prescribed by Presidential
Decree.
Article 45-6 (Maintenance and Management of Natural Environment
Restoration Projects)
(1) After
completing a natural environment restoration project, the Minister of
Environment and the implementer of the natural environment restoration project
shall continuously inspect the degree of achievement of the goals of
restoration and reflect the inspection results in the process of maintaining
and managing the restored natural environment.
(2)
Notwithstanding paragraph (1), if deemed necessary as a result of a regular
inspection of the natural environment restoration projects prescribed by
Presidential Decree, the Minister of Environment may recommend that the
implementer of the natural environment restoration project reflect the
inspection results in maintaining and managing the restored natural
environment.
(3) The Minister
of Environment may request a relevant specialized institution to conduct an
inspection and analysis of the inspection results, etc. as necessary for
issuing recommendation under paragraph (2).
(4) Matters
necessary for the maintenance and management of the restored natural environment,
such as the details of, methods and procedures, etc. for the inspection and
recommendation under paragraphs (1) and (2) shall be prescribed by Presidential
Decree.
CHAPTER V ECOSYSTEM CONSERVATION CHARGE
Article 46 (Ecosystem Conservation Charge)
(1) With the aim
of inducing development into an area with low ecological value and minimizing
damage to the natural environment or the ecosystem, the Minister of Environment
shall levy and collect the ecosystem conservation charge from a business entity
engaged in the business that leads to a substantial impact on the natural
environment or ecosystem or a decrease in biological diversity.
(2) Business
subject to imposition of ecosystem conservation charge referred to in paragraph
(1) shall be as prescribed in the following subparagraphs: Provided, That the
natural environment conservation projects referred to in the main clause of
Article 50 (1) and the projects subject to imposition of the marine ecosystem
conservation cooperation charge referred to in Article 49 (2) of the
Conservation and Management of Marine Ecosystems Act shall be excluded:
1. A development project with a development area of at least 30,000
square meters prescribed by Presidential Decree, among plans subject to
strategic environmental impact assessment referred to in Article 9 of the
Environmental Impact Assessment Act;
2. A project subject to environmental impact assessment referred to
in Articles 22 and 42 of the Environmental Impact Assessment Act;
3. Opencut exploration or mining business the scale of which is
larger than that prescribed by Presidential Decree among mining projects
referred to in subparagraph 2 of Article 3 of the Mining Industry Act;
4. A project subject to small-scale environmental impact assessment
referred to in Article 43 of the Environmental Impact Assessment Act the
development area of which is at least 30,000 square meters;
5. Other projects prescribed by Presidential Decree among the
projects which have an substantial impact on ecosystems or utilize natural
property.
(3) The ecosystem
conservation charge referred to in paragraph (1) shall be calculated and levied
by multiplying the damaged area of ecosystem by the amount levied per unit area
and the regional coefficient: Provided, That the ecosystem conservation charge
may be reduced or exempted for the projects prescribed by Presidential Decree
that are aimed at conserving and restoring the ecosystem or ensuring national
defense.
(4) The ecosystem
conservation charge referred to in paragraph (1) and the additional dues
referred to in Article 48 (1) shall be treated as revenue for the special
account for environmental improvement referred to in the Framework Act on
Environmental Policy.
(5) Where the
Minister of Environment delegates his or her authority on the collection of the
ecosystem conservation charge or additional dues to a relevant Mayor/Do
Governor pursuant to Article 61 (1), the Minister of Environment may hand over
an amount prescribed by Presidential Decree from the collected ecosystem
conservation charges and additional dues to the Mayor/Do Governor having
jurisdiction over the relevant project area. In such cases, the Mayor/Do
Governor may use some of the grants to cover the expenses of imposing and
collecting the ecosystem conservation charge, as prescribed by Presidential
Decree.
(6) Procedures
for collection, standards for reduction and exemption, amounts levied per unit
area, regional coefficients, and payment methods, of the ecosystem conservation
charge referred to in paragraph (1) and other necessary matters shall be
prescribed by Presidential Decree. In such cases, the amount imposed per unit
area shall be calculated based on the value of damaged ecosystem, and the
regional coefficient shall be based on the zone and area in an ecological and
natural map referred to in Article 34 (1) and the use of land referred to in
the National Land Planning and Utilization Act.
Article 47 (Notification of Authorization or Permission of Project)
(1) The head of
an administrative agency who has authorized or permitted a project subject to
levy of the ecosystem conservation charge under Article 46 (2) shall notify the
Minister of Environment of details of authorization and permission prescribed
by Presidential Decree, such as the business entity, and the details and scale
of the project within 20 days from the date of authorization and permission.
(2) The Minister
of Environment shall inform the business entity of matters relating to an
amount of levy, deadline for payment, etc. of the ecosystem conservation charge
within one month from the date of receipt of notification under paragraph (1).
(3) Details of
the notification, methods to notify pursuant to paragraphs (1) and (2), and
other necessary matters shall be prescribed by Ordinance of the Ministry of
Environment.
Article 48 (Compulsory Collection of Ecosystem Conservation Charge)
(1) Where a
person liable to pay the ecosystem conservation charge pursuant to Article 46 fails
to pay such charge by the deadline for payment, the Minister of Environment
shall urge the person to pay within a specified period of at least 30 days. In
such cases, additional dues equivalent to 3/100 of the ecosystem conservation
charge in arrears shall be imposed.
(2) Where a
person who is urged to pay pursuant to paragraph (1) fails to pay the ecosystem
conservation charge and additional dues within the set period, such amount may
be collected in the same manner as delinquent national taxes.
Article 48-2 (Disposition of Deficits)
(1) Where a
person who is delinquent in payment of the ecosystem conservation charge falls
under any of the following, the Minister of Environment may impose a
disposition of deficits:
1. If delinquency disposition is imposed and the distributions
appropriated for the amount in arrears are smaller than the actual amount in
arrears;
2. If extinctive preion for the relevant claim for the ecosystem
conservation charge is completed;
3. If the assumed value of total property subject to delinquency
disposition is not likely to have residual value after being appropriated for
disposition fees for arrears;
4. If it is infeasible to collect the amount in arrears, because it
is ascertained that the whereabouts of the person who becomes delinquent in
payment of the ecosystem conservation charge are unknown or he or she has no
assets;
5. If it is verified that there will be no residual value after the
total assets subject to delinquency disposition are appropriated for repaying
bonds, etc., secured with national tax, local tax, a right to lease on a
deposit basis, pledge or mortgage, etc.;
6. If the person is exempted from his or her responsibilities pursuant
to Article 251 of the Debtor Rehabilitation and Bankruptcy Act.
(2) If the
Minister of Environment discovers any other seizable assets after imposing the
disposition of deficits under paragraph (1), the Minister shall revoke such
disposition without delay and impose delinquency disposition: Provided, That
the same shall not apply to cases falling under paragraph (1) 2.
Article 49 (Purpose of Use of Ecosystem Conservation Charge)
(1) The ecosystem
conservation charge and the grants issued pursuant to Article 46 (5) shall be
used for the following purposes: Provided, That the ecosystem conservation
charges raised from mining defined in subparagraph 2 of Article 3 of the Mining
Industry Act, which are conducted on the forests and mountainous areas, shall
be used for the ecosystem restoration projects in the damaged forests and
mountainous areas:
1. Projects to conserve or restore the ecosystems and biological
species;
1-2. Natural environment restoration projects;
2. Deleted;
3. Deleted;
4. Securing of land, etc. for the conservation of ecosystem referred
to in Article 18;
5. Procurement of land, etc. in ecological and scenery conservation
areas referred to in Article 19;
6. Deleted;
7. Deleted;
8. Deleted;
9. Installation and operation of the facilities for the conservation
and use of the natural environment referred to in Article 38;
9-2. Urban ecology restoration projects under Article 43-2;
10. Deleted;
11. Projects for installation of ecological corridors referred to in
Article 45;
12. Survey, maintenance, and management of a project for which the
ecosystem conservation charge is refunded pursuant to the main clause of
Article 50 (1);
13. Conservation and management of biosphere reserves selected by
UNESCO;
14. Other projects necessary to conserve the natural environment,
etc., which are prescribed by Presidential Decree.
(2) Where the
grants issued to a Mayor/Do Governor pursuant to Article 46 (5) are used for
any purpose other than that prescribed in the subparagraphs of paragraph (1),
the Minister of Environment may issue grants after recovering or reducing the
used amount: Provided, That cases where the grants are used as expenses of
imposing and collecting the ecosystem conservation charges pursuant to the
latter part of Article 46 (5) shall be excluded.
Article 50 (Return and Subsidization of Ecosystem Conservation
Charge)
(1) Where a
person who has paid the ecosystem conservation charge, or a person who has
obtained consent to the implementation of a natural environment conservation
project and to the return of the ecosystem conservation charge from the person
who has paid the ecosystem conservation charge (hereinafter referred to as
"agent of a natural environment conservation project") implements a
natural environment conservation project, such as creation of alternative
nature and restoration of the ecosystem, which is prescribed by Presidential
Decree, after obtaining approval from the Minister of Environment, the Minister
of Environment may refund an amount prescribed by Presidential Decree from the
ecosystem conservation charge that the person has paid: Provided, That the
ecosystem conservation charge levied due to the projects implemented on the forests
or mountainous areas under Article 46 (2) 3 may be provided to subsidize the
damaged area restoration projects conducted on the forests or mountainous areas
pursuant to other statutes within the range of the refunded amount or amount
planned to be refunded.
(2) Necessary
matters relating to approval of the Minister of Environment, consent of the
person who has paid the ecosystem conservation charge, qualifications for and
extent of agent of a natural environment conservation project, and the refund
and subsidization of the ecosystem conservation charge referred to in paragraph
(1) shall be prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 51 (Cooperation of Relevant Administrative Agencies)
(1) Where the
Minister of Environment acknowledges as necessary for fulfillment of the
purposes of this Act, he or she may request the head of a relevant central
administrative agency or head of a local government to prepare necessary
policies or measures on the matters prescribed by Presidential Decree. In such
cases, the head of the relevant central administrative agency or head of the
local government shall comply therewith insofar as there are no particular
issues.
(2) The Minister
of Environment shall assess the value and function of biological diversity for
conservation of the natural environment and sustainable utilization of nature,
and have the head of a relevant central administrative agency and the head of a
local government use the result outcome thereof.
Article 52 (Expropriation and Use of Land)
(1) The State or
a local government may, when deemed necessary for the installation of
facilities for conservation and use of the natural environment pursuant to the
provisions of Article 38, expropriate and use land, etc. necessary for the
facilities for conservation and use of the natural environment.
(2) As for
expropriation and use pursuant to the provisions of paragraph (1), the Act on Acquisition
of and Compensation for Land for Public Works Projects shall apply mutatis
mutandis unless there are special provisions in this Act.
(3) Where the Act
on Acquisition of and Compensation for Land for Public Works Projects applies
mutatis mutandis pursuant to the provisions of paragraph (2), project approval
and a public notice of project approval pursuant to the provisions of Articles
20 and 22 of the Act on Acquisition of and Compensation for Land for Public
Works Projects shall be deemed to have been made at the time when determination
and public notice of the plan for installation of facilities for conservation
or use of the natural environment pursuant to the provisions of Article 38 are
made.
Article 53 (Compensation for Loss)
(1) Anyone who
suffers a loss of property because he or she is not able to continue, pursuant
to the provisions of Article 15 (5), development project, farming activities,
etc. which have already been in operation, or who has suffered loss of property
pursuant to the provisions of Article 33 (1), may request the Minister of
Environment or the head of a local government to make compensation for loss as
prescribed by Presidential Decree.
(2) Where the
Minister of Environment or the head of a local government is requested pursuant
to the provisions of paragraph (1), he or she shall make a determination on the
amount of compensation, etc. within three months after consultation with the
applicant and notify the applicant of the amount.
(3) If an
agreement pursuant to the provisions of paragraph (2) is not reached, the
Minister of Environment, the head of the local government, or the applicant may
apply for adjudication to the competent land tribunal as prescribed by
Presidential Decree.
Article 54 (Subsides from the National Treasury)
(1) The State may
subsidize all or some of the expenses incurred in conducting the following
projects within the budget to relevant administrative agencies, local
governments, or organizations related to natural protection, which execute the
natural environment conservation projects:
1. Projects for providing assistance to campaigns for protection of
nature pursuant to the provisions of Article 5;
2. Projects for providing assistance to residents of ecological and
scenery conservation areas, their adjoining areas and ecological villages
pursuant to the provisions of Articles 20 and 42;
3. Projects for the installation of facilities for conservation and
use of the natural environment pursuant to the provisions of Article 38;
4. Projects for the installation of ecological corridors pursuant to
the provisions of Article 45;
5. Projects under the subparagraphs of Article 49 (1);
6. Other projects for conservation of the natural environment, which
are prescribed by Presidential Decree.
(2) Local
governments may subsidize organizations related to the conservation of nature
with the whole or part of expenses incurred in performing their activities and
operation within the budget.
Article 55 (Korean Association for Conservation of Nature)
(1) The Korean
Association for Conservation of Nature (hereinafter referred to as the
"Association") shall be established in order to carry out the
following projects for conservation of the natural environment:
1. Investigation into and research on the actual conditions and
plans for conservation of the natural environment;
2. Conservation of biological diversity, such as restoration of
damaged ecosystems or species and creation of sub-ecosystems;
3. Education and public relations on nature, such as production and
publication, of videos on the conservation of the natural environment.
(2) The
Association shall be incorporated as a juristic person.
(3) Funds needed
for projects of the Association shall be raised from membership fees, earnings
from projects, etc., and the State or a local government may subsidize some of
the necessary expenses within the budget.
(4) The
provisions of the Civil Act on incorporated associations shall apply mutatis
mutandis to matters regarding the Association that are not prescribed in this
Act.
Article 55-2 (Ecotourism Association)
(1) Ecotourism
business entities, organizations related to ecotourism, and other persons
engaged in business relating to ecotourism may establish an ecotourism
association after obtaining permission from the Minister of Environment in
order to carry out the following:
1. Survey of and research on areas and tour programs appropriate for
ecotourism;
2. International cooperation business related to ecotourism;
3. Other projects necessary to nurture ecotourism.
(2) An ecotourism
association shall be a juristic person.
(3) If deemed
necessary to foster ecotourism, the State or a local government may subsidize
some of the expenses necessary for an ecotourism association, within the
budget.
(4) Except as
provided for in this Act, the provisions of the Civil Act concerning
incorporated associations shall apply mutatis mutandis to an ecotourism
association.
Article 56 (Marks Symbolizing Nature and Symbolic Species of Local
Government)
(1) The State may
install marks symbolizing nature in an area requiring conservation of the
natural environment, such as ecological and scenery conservation areas, according
to the type of the area, and a local government may utilize the marks
symbolizing nature after partial modification in consideration of the
characteristics of the area under its jurisdiction.
(2) Any local
government may designate as its symbol species or symbol ecosystem species of
wild fauna or flora, or an ecosystem which are of importance and represent the
relevant area, and conserve and utilize them.
Article 57 (Promotion of Private Associations for Conservation of
Natural Environment)
In order to
conserve the natural environment, the Minister of Environment may foster
private associations for conservation of the natural environment which carry
out any of the following activities:
1. Cooperation and exchange with international associations and
organizations for conservation of the natural environment;
2. Protection of endangered wildlife;
3. Other conservation activities for the natural environment and
natural resources.
Article 58 (Honorary Instructor of Conservation of Natural
Environment)
(1) For the
purposes of instruction, education, etc. on the conservation of the natural
environment, the Minister of Environment or the head of a local government may
entrust members of private associations for conservation of the natural
environment, or persons who are carrying out activities of conservation of the
natural environment with sincerity or persons recommended by the Association as
honorary instructors on conservation of the natural environment.
(2) Certificates
confirming identity shall be issued to honorary instructors on conservation of
the natural environment as prescribed by Ordinance of the Ministry of
Environment.
(3) Methods of
entrustment of honorary instructor on conservation of the natural environment,
the scope of their activities pursuant to the provisions of paragraph (1), and
other necessary matters shall be prescribed by Presidential Decree.
Article 59 (Natural Environment Interpreters)
(1) The Minister
of Environment or the head of a local government may employ and use, as natural
environment interpreter, a person who has taken training courses determined by
Ordinance of the Ministry of Environment at a training institution for natural
environment interpreters that is designated under Article 59-2 (1) or may
require such natural environment interpreter to be used.
(2) Natural
environment interpreters shall provide explanations, public relations,
education, guidance on ecological research, etc. professionally to persons who
use ecological and scenery conservation areas, wetland protection areas
prescribed in the Wetlands Conservation Act, or natural parks, etc. prescribed
in the Natural Parks Act to enhance their awareness or otherwise in relation to
conserving the natural environment.
(3) Natural
environment interpreters employed pursuant to paragraph (1) shall receive
refresher education at a training institution for natural environment
interpreters that is designated under Article 59-2 (1).
(4) The Minister
of Environment or the head of a local government may subsidize expenses, etc.
necessary for activities of natural environment interpreters within the budget.
(5) The cycle, frequency,
number of hours, methods, contents, etc. of refresher education under paragraph
(3) shall be prescribed by Ordinance of the Ministry of Environment.
Article 59-2 (Designation of Training Institutions for Natural Environment
Interpreters)
(1) The Minister
of Environment may designate a training institution for natural environment
interpreters (hereinafter referred to as "training institution") in
order to nurture natural environment interpreters.
(2) A person who
intends to be designated as a training institution shall meet criteria for
designation prescribed by Ordinance of the Ministry of Environment, such as
facilities necessary for education and experts responsible for such education,
and file an application for the designation to the Minister of Environment.
(3) The term of
validity of designation of a training institution shall be three years from the
day the designation is obtained, and a person who intends to continuously
perform the training service till after the expiration of the term of validity
shall obtain the designation again before the expiration of the term of
validity.
(4) Except as
provided in paragraphs (1) through (3), matters necessary for the designation,
etc. of training institutions shall be prescribed by Ordinance of the Ministry
of Environment.
Article 59-3 (Revocation of Designation)
(1) Where a
training institution designated pursuant to Article 59-2 (1) falls under any of
the following cases, the Minister of Environment may revoke the designation;
Provided, That in cases under subparagraph 1, it shall revoke such designation:
1. Where it is designated by fraud or other improper means;
2. Where it comes to fail to meet the criteria referred to in
Article 59-2 (2) and (4);
3. Where it has failed to perform the service of a training
institution for at least one year without reasonable grounds;
4. Where it is unable to perform its service due to business closure,
etc.
(2) Where the
Minister of Environment intends to revoke designation pursuant to paragraph
(1), he or she shall hold a hearing.
Article 60 (Natural Environment Learning Garden)
(1) For the
purposes of revitalization of campaigns for protection of the nature pursuant
to the provisions of Article 5 and enhancement, etc. of understanding of the
importance of conservation of the natural environment, the Mayor/Do Governor
may establish natural environment learning gardens that fulfill the functions of
education, training, public relations, etc. on the natural environment under
the control of the Mayor/Do Governor.
(2) Matters
necessary for installation and operation of natural environment learning
gardens shall be laid down by ordinances of a relevant local government.
Article 61 (Delegation and Entrustment of Authority)
(1) The Minister
of Environment may delegate part of his or her authority vested under this Act
to the head of an agency under his or her control or the Mayor/Do Governor, as
prescribed by Presidential Decree.
(2) The Minister
of Environment may entrust part of his or her affairs referred to in this Act
to a relevant specialized institution, as prescribed by Presidential Decree.
Article 62 Deleted.
CHAPTER VII PENALTY PROVISIONS
Article 63 (Penalty Provisions)
Any of the
following persons shall be punished by imprisonment with labor for not more
than three years or by a fine not exceeding 30 million won:
1. Anyone who damages natural ecology and natural scenery, in
violation of the provisions of Article 15 (1) (including cases to which that
provisions apply mutatis mutandis in accordance with Article 22 (2)) within the
core area;
2. Anyone who damages natural ecology and natural scenery in
violation of the provisions of Article 15 (1) 2 through 5 within the buffer
area;
3. Anyone who violates an order of suspension, order of restoration
to original state, or order of measures issued under the provisions of Article
17 (including cases to which that provisions apply mutatis mutandis in
accordance with Article 22 (2)).
Article 64 (Penalty Provisions)
Any of the
following persons shall be punished by imprisonment with prison labor for not
more than two years, or by a fine not exceeding 20 million won:
1. A person who damages natural ecology or natural sceneries within
a transition area, in violation of Article 15 (1);
2. A person who commits a prohibited act, in violation of subparagraph
1 of Article 16 (including cases to which that provisions apply mutatis
mutandis in accordance with Article 22 (2)).
Article 65 (Joint Penalty Provisions)
Where a
representative of a corporation, or an agent, employer, or other employee of a
corporation or an individual commits any violation described in Article 63 or
64 in conducting the business affairs of the corporation or the individual, the
corporation or the individual shall be punished by a respective fine prescribed
in that Article in addition to the punishment of the violator: Provided, That
the foregoing shall not apply where a corporation or an individual has not been
negligent in paying due attention to and supervision of relevant business to
prevent such violation.
Article 66 (Administrative Fines)
(1) Anyone who
violates the measures of the Mayor/Do Governor referred to in Article 26 shall
be punished by an administrative fine not exceeding 10 million won.
(2) Any of the
following persons shall be punished by an administrative fine not exceeding two
million won:
1. A person who commits a prohibited act, in violation of
subparagraphs 2 through 4 of Article 16 (including cases to which that
provisions apply mutatis mutandis in accordance with Article 22 (2));
2. A person who enters, in violation of Article 16-2, an ecological
and scenery conservation area the access to which is limited or prohibited;
3. A person who refuses, obstructs or evades survey activities
without reasonable grounds, in violation of Article 33 (4);
4. A person who violates the restriction on lumbering of growing
trees, change of form and quality of land, or of access, cooking and camping
referred to in Article 40.
(3)
Administrative fines referred to in paragraphs (1) and (2) shall be imposed and
collected by the Minister of Environment or the heads of local governments
(hereinafter referred to as "imposing authority"), as prescribed by
Presidential Decree.
(4) Deleted.
(5) Deleted.
(6) Deleted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Ecosystem Conservation
Area)
(1) An
ecosystem conservation area designated and announced by the Minister of
Environment pursuant to the previous provisions at the time when this Act
enters into force shall be deemed to have been designated and announced as a
core ecological and scenery conservation area pursuant to the provisions of
Articles 12 (2) and 13 (3).
(2) A
City/Do ecosystem conservation area designated and announced by the Mayor/Do
Governor pursuant to the previous provisions at the time when this Act enters
into force shall be deemed to have been designated and announced as a City/Do
ecological and scenery conservation area pursuant to the provisions of Articles
23 (1) and 24 (3).
Article 3 (Transitional Measures concerning Basic Plan of Management
of Ecosystem Conservation Area)
Basic
plans for management of ecosystem conservation areas formulated by the Minister
of Environment pursuant to the previous provisions at the time when this Act
enters into force shall be deemed to have been formulated as basic plans of
management of ecological and scenery conservation areas pursuant to the
provisions of Article 14.
Article 4 (Transitional Measures concerning Period of Adjudication
Application)
Periods of
adjudication application for projects whose plans of installation of facilities
for conservation and use of the natural environment were publicly notified
pursuant to the previous provisions at the time this Act enters into force
shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Korean Association for
Conservation of Nature)
The Korean
Association for Conservation of Nature pursuant to the previous provisions at
the time when this Act enters into force shall bedeemed as the Korean
Association for Conservation of the Natural Environment pursuant to the
provisions of Article 55.
Article 6 (Transitional Measures concerning Administrative
Disposition)
Dispositions,
other activities by administrative agencies or activities against
administrative agencies pursuant to the previous provisions at the time when
this Act enters into force shall be deemed to be activities by administrative
agencies or activities against administrative agencies pursuant to the
provisions of this Act which correspond thereto.
Article 7 (Transitional Measures concerning Penalty Provisions and
Administrative Fines)
The
application of penal provisions and administrative fines against an act
committed before this Act enters into force shall be governed by the previous
provisions.
Article 8 Omitted.
Article 9 (Relationship with Other Statutes or Regulations)
Where
provisions of this Act have been cited in other statutes or regulations when
this Act enters into force, and when there are provisions corresponding thereto
in this Act, the corresponding provisions of this Act shall be deemed to have
been cited in place of the previous provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall
enter into force six months after the date of its promulgation.
(2) (Applicability to Imposition of
Cooperation Charge for Ecosystem Conservation on Development Project Subject to
Advance Environmental Examination) The amended provisions of Article 46 (2) 3
shall apply beginning with the development project that requests consultation
of advance environmental examination pursuant to the provisions of Article 25-3
of the Framework Act on Environmental Policy for the first time after this Act
enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That ...
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force nine months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 8 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDUM
This Act shall enter into force six
months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation: Provided,
That the amended provisions of Articles 16-2, 65, and 66 (2) 2 shall enter into
force on the date of its promulgation.
Article 2 (Applicability to Investigation of Natural Environment)
The
amended provisions of Article 30 shall apply, starting from the first
investigation of the natural environment conducted after this Act enters into
force.
Article 3 (Applicability to Imposition of Cooperation Charge for
Ecosystem Conservation)
(1) The
amended provisions of Article 46 (3) shall apply, starting from the first
project for which authorization, permission, etc. is obtained or plans are
formulated or confirmed (limited to projects not subject to authorization,
permission, etc.) after this Act enters into force.
(2) The
amended provisions of Article 48 (1) shall apply, starting from the first
Cooperation Charge for the Ecosystem Conservation which is not paid after this
Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation: Provided,
That the amended provisions of the Acts, which were promulgated before this Act
enters into force, but the date on which they are to enter into force, has not
arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall
enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Articles 4 (2), 34 (6), 34-2, 43-2, 46 (3) and (6), 59
(3) and (5), and 59-2 (3) and (4) shall enter into force six months after the
date of its promulgation.
Article 2 (Applicability to Exclusion from Imposition of Cooperation
Charge for the Ecosystem Conservation)
The
amended provisions of the proviso to Article 46 (2) shall also apply to the
natural environment conservation projects being executed after obtaining
approval under the main clause of Article 50 (1) before this Act enters into
force.
Article 3 (Applicability to Reduction or Exemption of Cooperation
Charge for Ecosystem Conservation)
The
amended provisions of the proviso to Article 46 (3) shall apply, starting from
the first project for which authorization, permission, etc. is obtained after
the same amended provisions enter into force.
Article 4 (Applicability to Revocation of Designation of Training
Institutions)
The period
of at least one year referred to in the amended provisions of Article 59-3 (1)
3 concerning the service period of a training institution designated before
this Act enters into force shall be counted from the date on which it has
failed to perform the service of a training institution after the same amended
provisions enter into force.
Article 5 (Transitional Measures concerning Drafting Urban
Ecological Maps)
(1) The
urban ecological maps drafted pursuant to the former provisions before the
amended provisions of Article 34-2 enter into force shall be construed as urban
ecological maps drafted pursuant to the same amended provisions.
(2) The
head of a local government that has not drafted an urban ecological map as at
the time the amended provisions of Article 34-2 enter into force shall draft it
pursuant to the amended provisions by no later than the date classified as
follows:
1. The Special
Metropolitan City, a Metropolitan City, the Special Self-Governing City, and
the Special Self-Governing Province: December 31, 2018;
2. A Si:
(a) A Si
the population of which is at least 300 thousand persons: December 31, 2019;
(b) Any
other Si: December 31, 2021.
(3)
Notwithstanding the amended provisions of the former part of Article 34-2 (1),
redrafting of an urban ecological map drafted pursuant to the former provisions
before the amended provisions of Article 34-2 enter into force shall comply with
the provisions classified as follows:
1. Where
five years have lapsed from the date classified in the subparagraphs of
paragraph (2) after drafting the urban ecological map: To be redrafted by no
later than the date classified in the subparagraphs of paragraph (2);
2. Where
five years have not lapsed from the date classified in the subparagraphs of
paragraph (2) after drafting the urban ecological map: To be redrafted every
five years counting from the date it was drawn.
ADDENDUM
This Act shall enter into force six
months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM
This Act shall enter into force on the
date of its promulgation. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Ecosystem Conservation Charge)
The
amended provisions of Article 46 (3) shall begin to apply to cases where the
ecosystem conservation charge is imposed and collected after this Act enters
into force.
Article 3 (Transitional Measures concerning Cooperation Charge for
Ecosystem Conservation)
The
cooperation charge for ecosystem conservation imposed before this Act enters
into force shall be deemed the ecosystem conservation charge under the amended
provisions of Article 46.
Article 4 (Relationship to Other Statutes or Regulations)
Where
"cooperation charge for ecosystem conservation" is cited in other
statutes or regulations as at the time this Act enters into force,
"ecosystem conservation charge" under this Act shall be deemed cited.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Ecosystem Conservation
Charge)
"Ecosystem
conservation charge" in the amended provisions of Article 48-2 shall be
construed as "cooperation charge for ecosystem conservation" until
January 5, 2022.
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
[Source: Korea Law Translation Center, https://elaw.klri.re.kr/kor_service/lawView.do?hseq=60958&lang=ENG]