Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research
- Date2023-07-07 11:22
- TypeLaw
- View84
LANDSCAPE ACT
Wholly Amended by Act No. 12013, Aug. 6, 2013
Lastly Amended by Act No. 15480, Mar. 13, 2018
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this
Act is to contribute to the creation of the national environment and regional
environments which are beautiful and pleasant and feature regional
characteristics by providing for matters necessary for the conservation,
management and creation of landscapes in order to manage landscapes of the
national territories in a systematic manner.
Article 2 (Definitions)
The terms used in
this Act shall be as follows:
1. The term "landscape" means things featuring a group of
regional environmental characteristics comprising natural and artificial
elements, lifestyles of residents, etc.;
2. The term "building" means any building under Article 2
(1) 2 of the Building Act.
Article 3 (Basic Principles of Landscape Management)
Landscapes shall be
planned and managed in accordance with the following principles:
1. To help people enjoy beautiful and pleasant landscapes;
2. To feature indigenous nature, history and culture to a region and
to maintain landscapes in good conditions by the mutual consent of local
residents in close relationships with the life and economic activities of the
local residents;
3. To encourage each region to adopt management methods of
autonomous landscape administration so that landscapes of each region may have
indigenous characteristics and diversities and to encourage local residents to
participate in such administration voluntarily;
4. To have acts related to development harmonized and balanced with
landscapes;
5. To conserve excellent landscapes and to improve and restore damaged
landscapes, while inducing newly created landscapes to feature distinctive
elements;
6. To refrain from excessive restrictions on property rights of
people and to take into account equity between regions.
Article 4 (Duties of State, Local Governments, etc.)
(1) The State and
local governments shall devise policies necessary for the creation of beautiful
and pleasant landscapes and discover, support and promote excellent landscapes.
(2) The State and
local governments shall endeavor to enhance people's understanding of the basic
principles of landscape management.
(3) People shall
actively cooperate in policies of the State and local governments for the
conservation and improvement of beautiful and pleasant landscapes.
Article 5 (Relationship with other Acts)
Except as otherwise
provided for in other Acts, this Act shall apply to the conservation,
management, creation, etc. of landscapes.
CHAPTER II LANDSCAPE PLANS
Article 6 (Formulation, etc. of Master Plans for Landscape Policies)
(1) The Minister
of Land, Infrastructure and Transport shall formulate and execute a master plan
for landscape policies every five years in order to create beautiful and
pleasant landscapes of the national territories and discover, support and
promote excellent landscapes.
(2) The following
matters shall be included in a master plan for landscape policies:
1. Matters concerning landscapes of the national territories and the
prospects of changes in conditions;
2. Matters concerning the basic directions of landscape policies and
the formulation of the vision of desirable landscapes of the national
territories;
3. Matters concerning the comprehensive and systematic management of
landscapes of the national territories;
4. Matters concerning the integrated landscape management of
infrastructure;
5. Matters concerning the conservation of excellent landscapes and
support therefor;
6. Matters concerning the nurturing of professionals in the field of
landscape;
7. Matters concerning the participation of local residents;
8. Other important matters concerning landscapes.
(3) When the
Minister of Land, Infrastructure and Transport formulates a master plan for
landscape policies, he/she shall formulate it so that it can be related to
plans related to landscapes, such as a mater plan for improvement of the
quality of life of farmers and fishermen and regional development of
agricultural and fishing villages under Article 5 (1) of the Special Act on
Quality Improvement of Life of Farmers and Fishers and Development Promotion of
Agricultural and Fishing Villages.
(4) Where the
Minister of Land, Infrastructure and Transport intends to formulate or revise a
master plan for landscape policies, he/she shall consult with the heads of
related central administrative agencies, such as the Minister of Environment,
and undergo deliberation by the Landscape Committee established under the
control of the Minister of Land, Infrastructure and Transport pursuant to
Article 29 (1) after gathering opinions through public hearings, etc.
(5) Where the
Minister of Land, Infrastructure and Transport formulates a master plan for
landscape policies, he/she shall officially announce it on the Official Gazette
or the Internet homepage of the Ministry of Land, Infrastructure and Transport,
and inform the heads of related central administrative agencies and any of the
following persons thereof:
1. The Mayor of each Special Metropolitan City, the Mayor of each
Metropolitan City, the Mayor of each Special Self-governing City, the Governor
of each Do and the Governor of each Special Self-governing Province
(hereinafter referred to as the "Mayor/Do Governor");
2. The head of each Si [excluding the head of
each administrative Si (hereinafter referred to as the "head of an
administrative Si) under Article 10 (2) of the Special Act on the Establishment
of Jeju Special Self-Governing Province and the Development of Free
International City; hereinafter the same shall apply]/Gun (excluding the head
of a Gun located in the jurisdiction of a Metropolitan City; hereinafter the
same shall apply);
3. The head of each administrative Si;
4. The head of each Gu (referring to the head of an autonomous Gu;
hereinafter the same shall apply) and the head of each Gun in the jurisdiction
of each Metropolitan City (hereinafter referred to as the head of a Gu,
etc.");
5. The head of an administrative organization (hereinafter referred
to as "free economic zone authority") established pursuant to Article
27-2 (1) of the Special Act on Designation and Management of Free Economic
Zones (hereinafter referred to as "head of a free economic zone
authority").
Article 7 (Persons with Authority to Formulate Landscape Plans and
Areas Subject to Landscape Plans)
(1) Each of the
following persons shall formulate a plan for the conservation, management and
creation of landscapes (hereinafter referred to as "landscape plan")
of an area over which he/she has jurisdiction:
1. Mayors/Do Governors;
2. The head of a Si with a population of more than 100,000
(excluding an administrative Si (hereinafter referred to as
"administrative Si") under Article 10 (2) of the Special Act on the
Establishment of Jeju Special Self-Governing Province and the Development of
Free International City; hereinafter the same shall apply);
3. The head of a Gun with a population of more than 100,000
(excluding a Gun in the jurisdiction of a Metropolitan City; hereinafter the
same shall apply in paragraphs (2) and (4) of this Article).
(2) The head of a
Si/Gun with a population of not more than 100,000, the head of an
administrative Si, the head of a Gu, etc. or the head of a free economic zone
authority may formulate a landscape plan for an area over which he/she has
jurisdiction.
(3) The Mayor of
a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a
Special Self-governing City, the Governor of a Do, the head of a Si/Gun, the
head of an administrative Si, the head of a Gu, etc. or the head of a free
economic zone authority may jointly formulate a landscape plan for an area
extending over the jurisdiction of at least two Special Metropolitan cities,
Metropolitan Cities, Special Self-governing Cities, Dos, Sis/Guns/Gus
(referring to autonomous Gus; hereinafter the same shall apply), administrative
Sis or free economic zones.
(4) Where the
head of a Si/Gun makes a request or the Governor of a Do deems it necessary,
he/she may formulate a landscape plan for an area extending over the jurisdiction
of at least two Sis or Guns.
Article 8 (Proposal for Formulation of Landscape Plans)
(1) Any resident
(including an interested person due to the formulation of a landscape plan) may
propose that a person who may formulate a landscape plan pursuant to Article 7
should formulate the landscape plan along with his/her propositions.
(2) Any person
who receives a proposal that he/she should formulate a landscape plan pursuant
to paragraph (1) shall inform a person who has made the proposal of the
outcomes of his/her dealing with the proposal.
(3) In addition
to matters provided for in paragraphs (1) and (2), matters necessary for a
proposal of a landscape plan, dealing with the proposal, etc. shall be
prescribed by Presidential Decree.
Article 9 (Details of Landscape Plans)
(1) The following
matters shall be included in a landscape plan: Provided, That matters referred
to in subparagraphs 4 through 11 may be omitted in a landscape plan formulated
by a Do Governor, and matters referred to in subparagraphs 5 through 9 and 11
may be omitted in a landscape plan formulated by the Mayor of a Special Metropolitan
City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing
City, the Governor of a Special Self-governing Province, the head of a Si/Gun,
the head of an administrative Si, the head of a Gu, etc. or the head of a free
economic zone authority:
1. Matters concerning the basic directions and objectives of the
landscape plan;
2. Matters concerning the survey and evaluation of landscape
resources;
3. Matters concerning the establishment of landscape structure;
4. Matters concerning the management of an area requiring the
focused conservation, management and creation of landscapes (hereinafter
referred to as "focused landscape management area");
5. Matters concerning the management and operation of landscape
districts under Article 37 (1) 1 of the National Land Planning and Utilization
Act (hereinafter referred to as "landscape district");
6. Matters concerning the promotion of landscape projects under
Article 16;
7. Matters concerning the management and operation of landscape
agreements under Article 19;
8. Matters concerning an administration system of the management of
landscapes and an action plan therefor;
9. Matters concerning the management of specific landscape elements,
such as specific types of landscapes including natural landscapes, cityscapes,
agricultural, fishing and mountainous village landscapes, buildings, streets,
parks and green spaces;
10. Matters concerning the raising of financial resources for the
implementation of the landscape plan and the gradual promotion of the landscape
plan;
11. Other matters necessary for the conservation, management and
creation of landscapes, which are prescribed by Municipal Ordinance of the
relevant local government.
(2) A landscape
plan of a Si/Gun/Gu, administrative Si or free economic zone authority
formulated in the jurisdiction of a Special Metropolitan City, Metropolitan
City, Special Self-governing City, Do or Special Self-governing Province
(hereinafter referred to as "City/Do") where a landscape plan has
already been formulated shall correspond to the landscape plan of the relevant
City/Do, and where the details of the landscape plan of the Si/Gun/Gu,
administrative Si or free economic zone authority are different from those of
the City/Do, the landscape plan of the City/Do shall take precedence over that
of the Si/Gun/Gu, administrative Si or free economic zone authority.
(3) Where the
Mayor/Do Governor, the head of a Si/Gun, the head of an administrative Si, the
head of a Gu, etc. or the head of a free economic zone authority (hereinafter
referred to as the "Mayor/Do Governor, etc.") formulates a landscape
plan, he/she shall formulate it so that it may correspond to a
landscape-related plan already formulated pursuant to other Acts, and where
he/she formulates a landscape-related plan pursuant to other Acts after he/she
has formulated the landscape plan, he/she shall formulate it so that it may
correspond to the landscape plan already formulated.
(4) A landscape
plan shall correspond to a Si/Gun master plan (referring to a Si/Gun master
plan under subparagraph 3 of Article 2 of the National Land Planning and
Utilization Act; hereinafter the same shall apply), and where the details of
the landscape plan are different from those of the City/Do master plan, the
details of City/Do master plan shall take precedence over the details of the
landscape plan.
(5) The Minister
of Land, Infrastructure and Transport shall jointly prescribe and announce
criteria, etc. for the formulation of landscape plans with the heads of related
central administrative agencies, as prescribed by Presidential Decree.
Article 10 (Basic Surveys for Formulation or Revision of Landscape
Plans)
Where the Mayor/Do
Governor, etc. intends to formulate or revise a landscape plan, he/she shall
survey matters necessary for the formulation or revision of the landscape plan,
as prescribed by Presidential Decree: Provided, That where there are the
outcomes of surveys conducted pursuant to other Acts and subordinate statutes
on matters necessary for the formulation or revision of the landscape plan,
he/she may utilize the outcomes of such surveys.
Article 11 (Public Hearings and Hearing Opinions of Local Council)
(1) Where the
Mayor/Do Governor, etc. intends to formulate or revise a landscape plan, he/she
shall hold public hearings in advance to hear opinions of residents, related
experts, etc., and when he/she deems opinions presented in the public hearings
reasonable, he/she shall reflect such opinions in the landscape plan.
(2) Matters
necessary for holding public hearings under paragraph (1) shall be prescribed
by Municipal Ordinance of the relevant local government, as prescribed by
Presidential Decree.
(3) Where the
Mayor/Do Governor, etc. intends to formulate or revise a landscape plan, he/she
shall hear the opinion of the relevant local council (in cases of an
administrative Si or a free economic zone authority, referring to the council
of a local government to which the administrative Si or free economic zone
authority belongs; hereinafter the same shall apply in this paragraph). In such
cases, except in extenuating circumstances, the local council shall present its
opinion within 30 days, and if it fails to submit its opinion, it shall be
deemed to have no opinion.
(4) Where a Do
Governor intends to formulate or revise a landscape plan pursuant to Article 7
(4), he/she shall send a draft landscape plan to the heads of related Sis/Guns
to hear their opinions, specifying a deadline therefor.
(5) The head of a
Si/Gun that receives a draft landscape plan pursuant to paragraph (4) shall
submit his/her opinion on such draft landscape plan to a Do Governor by a
specified deadline, and if he/she fails to submit his/her opinion by the
deadline, he/she shall be deemed to have no opinion.
Article 12 (Procedures for Formulating Landscape Plans)
(1) Where the
Mayor/Do Governor or the head of a Si/Gun formulates or revises a landscape
plan, he/she shall undergo deliberation by a landscape committee established
under the authority of the relevant Mayor/Do Governor or the head of the
relevant Si/Gun pursuant to Article 29 (1) after he/she reaches an agreement
with the heads of related administrative agencies, such as the Minister of
Environment, in advance.
(2) The head of a
related administrative agency requested to reach an agreement pursuant to
paragraph (1) shall submit his/her opinion within 30 days from the date he/she
receives such request, except in extenuating circumstances, and if he/she fails
to submit his/her opinion within such period, the agreement shall be deemed
reached.
(3) Where the
Mayor/Do Governor or the head of a Si/Gun formulates or revises a landscape
plan, he/she shall send related documents to the heads of related
administrative agencies, make an official announcement, and offer them for
perusal of residents, as prescribed by Presidential Decree.
Article 13 (Approval for Landscape Plans)
(1) Where the
head of an administrative Si, the head of a Gu, etc. or the head of a free
economic zone authority intends to formulate or revise a landscape plan
pursuant to Article 7 (2), he/she shall obtain approval from the competent
Mayor/Do Governor, as prescribed by Presidential Decree.
(2) Where the
Mayor/Do Governor intends to approve a landscape plan pursuant to paragraph
(1), he/she shall undergo deliberation by a landscape committee established
under the authority of the relevant Mayor/Do Governor pursuant to Article 29
(1) after he/she reaches an agreement with the heads of related administrative
agencies, such as the Minister of Environment, in advance.
(3) Where the
Mayor/Do Governor approves a landscape plan, he/she shall send related
documents to the heads of related administrative agencies, the head of the
relevant administrative Si, the head of the relevant Gu, etc. or the head of
the relevant free economic zone authority, and the head of the administrative
Si, the head of the Gu, etc. or the head of the free economic zone authority
who receives related documents shall publicly announce them and offer them for
perusal of residents, as prescribed by Presidential Decree.
(4) Article 12
(2) shall apply mutatis mutandis to an agreement under paragraph (2).
Article 14 (Designation and Management of Landscape Districts)
(1) The Mayor/Do
Governor, etc. may designate or request the designation of landscape districts
in accordance with a landscape plan. In such cases, Article 37 of the National
Land Planning and Utilization Act shall apply to procedures, etc. for
designating landscape districts.
(2) The Mayor/Do
Governor, etc. who has formulated a landscape plan shall manage landscape
districts in accordance with the landscape plan.
Article 15 (Readjustment of Landscape Plans)
Any person who has
formulated a landscape plan pursuant to Article 7 shall review the validity of
the landscape plan under the aforesaid Article and readjust it every five
years.
CHAPTER III LANDSCAPE PROJECTS
Article 16 (Objects, etc. of Landscape Projects)
(1) The head of a
central administrative agency or the Mayor/Do Governor, etc. may execute the
following projects (hereinafter referred to as "landscape project")
in areas for which a landscape plan has been formulated to improve the landscapes
of the area and raise awareness of landscapes:
1. Project for the readjustment and improvement of street
environments;
2. Project related to afforestation in the area;
3. Project for the creation and improvement of nightscapes;
4. Project to revitalize landscapes featuring regional historic and
cultural characteristics;
5. Project to improve natural landscapes and living environments of
agricultural, mountainous and fishing villages;
6. Other projects for the conservation, management and creation of
landscapes, which are prescribed by Municipal Ordinance of the relevant local
government.
(2) Any person,
other than a person who may execute a landscape project pursuant to paragraph
(1), may execute a landscape project in an area for which a landscape plan has
been formulated by obtaining approval from the heads of related central
administrative agencies or the Mayor/Do Governor, etc. who has formulated such
landscape plan. In such cases, a person who intends to obtain approval for the
execution of a landscape project shall submit a project plan to the head of a
central administrative agency or the Mayor/Do Governor, etc., as prescribed by
Presidential Decree.
(3) The head of a
central administrative agency that receives an application for approval under
paragraph (2) shall undergo deliberation by the Landscape Committee established
under the authority of the Minister of Land, Infrastructure and Transport or a
committee related to landscape established under the authority of the head of
the central administrative agency that receives an application for approval
pursuant to Article 29 (1) before he/she approves the execution of a landscape
project, and where the Mayor/Do Governor, etc. receives an application for
approval for a landscape project, he/she shall undergo deliberation by a
landscape committee established under the authority of the relevant Mayor/Do
Governor, etc. pursuant to Article 29 (1) before he/she approves the execution
of a landscape project.
Article 17 (Landscape Project Promotion Council)
(1) Where
necessary to promote a landscape project smoothly, the head of a central
administrative agency or the Mayor/Do Governor, etc. may establish a landscape
project promotion council comprised of local residents, non-governmental
organizations, related experts, etc.
(2) A landscape
project promotion council shall participate in all stages of a landscape
project, such as the formulation of a plan for the landscape project, the
promotion and post management of the landscape project, and endeavor to
maintain the consistency of the landscape project.
(3) Matters
necessary for the organization, operation, tasks, etc. of a landscape project
promotion council shall be prescribed by Presidential Decree.
Article 18 (Financial Support, etc. for Landscape Projects)
(1) The State and
local governments may provide subsidies or loans for all or some of expenses
incurred in implementing landscape projects under Article 16 (1) and (2), and
provide technical support necessary for landscape projects.
(2) When the head
of a central administrative agency or the Mayor/Do Governor, etc. deems it
necessary, he/she may order a person who executes a landscape project to make a
report or submit data necessary for supervision.
CHAPTER IV LANDSCAPE AGREEMENT
Article 19 (Conclusion of Landscape Agreements)
(1) Landowners
and other persons prescribed by Presidential Decree (hereinafter referred to as
"landowner, etc.") may conclude an agreement for the creation of a
pleasant environment and beautiful landscape (hereinafter referred to as
"landscape agreement") by unanimous agreement. In such cases, a
landscape agreement shall only come into effect on landowners, etc. who have
entered into the landscape agreement.
(2) Even in cases
where an owner of a tract of land or a piece of land is one person, the owner
of such land may determine a landscape agreement making an area on the relevant
land the area subject to the landscape agreement. In such cases, such one
landowner shall be deemed a person who has entered into the landscape
agreement.
(3) Where a
landowner, etc. enters into a landscape agreement pursuant to paragraph (1)
(including cases where one landowner determines a landscape agreement pursuant
to paragraph (2); hereinafter the same shall apply), he/she shall comply with
the following matters:
1. Not to violate this Act and related Acts and subordinate
statutes;
2. Not to include details restricting a site for infrastructure
under subparagraph 6 of Article 2 of the National Land Planning and Utilization
Act.
(4) A landscape
agreement may include the following matters:
1. Matters concerning the design, colors and outdoor advertisements
(referring to outdoor advertisements under subparagraph 1 of Article 2 of the
Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor
Advertisement Industry) of buildings;
2. Matters concerning the location of structures [referring to structures built after reporting to the
Governor of a Special Self-governing Province or the head of a Si/Gun
(including the head of a Gun in the jurisdiction of a Metropolitan City;
hereinafter the same shall apply in Articles 27 (4) and 28 (3))/Gu pursuant to
Article 83 (1) of the Building Act; hereinafter the same shall apply] and
construction facilities (referring to construction facilities under Article 2
(1) 4 of the Building Act);
3. Matters concerning external space of buildings, structures, etc.;
4. Matters concerning the preservation and use of land;
5. Matters concerning the management and creation of historic and
cultural landscapes;
6. Other matters prescribed by Presidential Decree.
(5) Where a
landowner, etc. enters into a landscape agreement, he/she shall prepare a
written landscape agreement and the following matters shall be specified in the
landscape agreement:
1. Title of the landscape agreement;
2. Location and the limits of an area subject to the landscape
agreement;
3. Objectives of the landscape agreement;
4. Details of the landscape agreement;
5. Name, title and domicile of a person who enters into the
landscape agreement (hereinafter referred to as "person who enters into
the agreement") pursuant to paragraph (1) and a landscape agreement
steering committee under Article 20 (1);
6. Period of validity of the landscape agreement;
7. Matters concerning sanctions when one party to the landscape
agreement violates the landscape agreement;
8. Other matters prescribed by Municipal Ordinance of the relevant
local government, which are necessary for the landscape agreement.
Article 20 (Establishment of Landscape Agreement Steering Committee)
(1) Where
necessary for the preparation of a written landscape agreement and the
management of the landscape agreement, any person who enters into the agreement
may establish a steering committee (hereinafter referred to as "landscape
agreement steering committee") as an autonomous organization among persons
who enter into the agreement.
(2) Where persons
who enter into an agreement intend to establish a landscape agreement steering
committee, they shall appoint the representative and members of the landscape
agreement steering committee with the consent of a majority of persons who
enter into the agreement and make a report to the relevant Mayor/Do Governor,
etc., as prescribed by Presidential Decree.
Article 21 (Approval for Landscape Agreements)
(1) Any person
who enters into an agreement or the representative of the landscape agreement
steering committee shall prepare a written landscape agreement and obtain
approval from the relevant Mayor/Do Governor, etc., as prescribed by
Presidential Decree. In such cases, the Mayor/Do Governor, etc. who receives an
application for approval shall undergo deliberation by a landscape committee
established under the authority of the relevant Mayor/Do Governor, etc.
pursuant to Article 29 (1) before he/she grants approval.
(2) When the
Mayor/Do Governor, etc. has granted approval for a landscape agreement pursuant
to paragraph (1), he/she shall officially announce the details thereof and
offer them for perusal of residents, as prescribed by Presidential Decree.
Article 22 (Revision to Landscape Agreements)
@Articles 19 and 21
shall apply mutatis mutandis to revision to a landscape agreement: Provided,
That the foregoing shall not apply to cases where any insignificant matter
prescribed by Presidential Decree is revised.
Article 23 (Rescission of Landscape Agreements)
(1) Where any
person who enters into an agreement or the representative of a landscape
agreement steering committee intends to rescind the landscape agreement, he/she
shall obtain approval from the relevant Mayor/Do Governor, etc. with the
consent of a majority of persons who enter into the agreement, as prescribed by
Presidential Decree.
(2) Article 21
(2) shall apply mutatis mutandis to the rescission of a landscape agreement.
Article 24 (Observation of and Succession to Landscape Agreements)
(1) Any person
who has entered into an agreement and intends to perform an act falling under
matters under the subparagraphs of Article 19 (4) in an area subject to the
landscape agreement shall observe the details of the landscape agreement
approved pursuant to Articles 21 and 22.
(2) Among persons
to whom a right is transferred or for whom a right is established by a
landowner, etc. who is a person who enters into the agreement in an area
subject to the landscape agreement after the landscape agreement has been
officially announced pursuant to Article 21 (2), any person prescribed by
Presidential Decree shall succeed to the position of a person who enters into
the agreement: Provided, That where the landscape agreement provides otherwise,
the landscape agreement shall apply to such person.
Article 25 (Support for Landscape Agreements)
(1) The Mayor/Do
Governor, etc. may provide technical and financial support for landscape
agreements, such as providing advice and suggestions on the preparation of
written landscape agreements.
(2) Where any
person who enters into an agreement or the representative of a landscape
agreement steering committee intends to receive subsidies for expenses incurred
in relation to the landscape agreement, etc., he/she shall submit a project
plan to the relevant Mayor/Do Governor, etc., as prescribed by Presidential
Decree.
CHAPTER V DELIBERATION ON LANDSCAPES OF
INFRASTRUCTURE PROJECTS, ETC.
Article 26 (Deliberation on Landscapes of Infrastructure Projects)
(1) Where an
agency which is a project owner under subparagraph 6 of Article 2 of the
Construction Technology Promotion Act (hereinafter referred to as "project
owner") intends to implement a project exceeding the scale prescribed by
Presidential Decree, which is an infrastructure project under the following
subparagraphs, it shall undergo deliberation by a landscape committee under
Article 29 (1) (hereinafter referred to as "landscape committee" in
this Chapter), as prescribed by Presidential Decree:
1. Road under the Road Act;
2. Railroad facilities under the Act on Railroad Construction and
Railroad Facilities Management;
3. Urban railroad facilities under the Urban Railroad Act;
4. River facilities under the River Act;
5. Other facilities prescribed by Municipal Ordinance of a local
government.
(2) The Minister
of Land, Infrastructure and Transport shall announce criteria for deliberation
of a landscape committee under paragraph (1) after he/she holds consultations
with the Minister of Environment about such criteria so that the criteria may
not overlap with environmental assessment under Acts related to environment.
(3)
Notwithstanding the provisions of paragraph (1), where a project owner has gone
through deliberation by a committee related to landscape it organized, as
prescribed by Presidential Decree, it shall not undergo deliberation by a
landscape committee. In such cases, the project owner shall submit the outcomes
of deliberation to the relevant landscape committee within 15 days.
Article 27 (Deliberation on Landscapes of Development Projects)
(1) Any person
who intends to execute a development project prescribed by Presidential Decree,
such as an urban development project under Article 2 (1) 2 of the Urban
Development Act, shall undergo deliberation by a landscape committee, as
prescribed by Presidential Decree, before he/she obtains designation of a
district or approval for a project plan due to a development project.
(2) The Minister
of Land, Infrastructure and Transport shall announce criteria for deliberation
of a landscape committee under paragraph (1) after he/she holds consultations
with the Minister of Environment about such criteria so that the criteria may
not overlap with environmental assessment under Acts related to environment.
(3) Any person
who intends to execute a development project of at least the scale prescribed
by Presidential Decree among development projects under paragraph (1) shall
undergo deliberation by a landscape committee after he/she formulates a preliminary
landscape plan including the following matters, as prescribed by Presidential
Decree: Provided, That where the following matters are included in a
development project plan, he/she shall be deemed to have formulated a
preliminary landscape plan:
1. Matters concerning the basic directions and objectives of the
landscape plan;
2. Matters concerning the current status of landscapes of
surrounding areas;
3. Matters concerning the establishment of landscape structure;
4. Matters concerning the three-dimensional basic design of urban
space structure through major landscape elements, such as buildings, streets,
parks and green spaces.
(4) Where
necessary to create excellent landscapes, any person who intends to undergo
deliberation by a landscape committee after he/she formulates a preliminary
landscape plan pursuant to paragraph (3) (including cases where he/she is
deemed to have formulated a preliminary landscape plan pursuant to proviso to
the aforesaid paragraph) may file an application for designation of a special
building zone under Article 71 (1) of the Building Act with the Mayor/Do
Governor or the head of a Si/Gun/Gu. In such cases, the Mayor/Do Governor or
the head of a Si/Gun/Gu requested to designate a special building zone shall
comply with such request, except in extenuating circumstances.
Article 28 (Deliberation on Landscapes of Buildings)
(1) Any person
who intends to build any of the following buildings shall undergo deliberation
by a landscape committee, as prescribed by Presidential Decree:
1. Buildings in a landscape district (excluding buildings prescribed
by Municipal Ordinance of the relevant local government);
2. Buildings prescribed by Municipal Ordinance of the relevant local
government, which are located in a focused landscape management area;
3. Buildings prescribed by Municipal Ordinance of the relevant local
government, which are built by the local government, public institutions under
the Act on the Management of Public Institutions or local public enterprises
under the Local Public Enterprises Act;
4. Other buildings prescribed by Municipal Ordinance of the relevant
local government, which are necessary for the management of landscapes in its
jurisdiction.
(2) The Minister
of Land, Infrastructure and Transport shall announce criteria for deliberation
of a landscape committee under paragraph (1) after he/she holds consultations
with the Minister of Environment so that such criteria may not overlap with
environmental assessment under Acts related to environment.
(3) Where
necessary to create excellent landscapes, any person who intends to build
buildings falling under paragraph (1) 1 and 2 may request the Mayor of a
Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a
Special Self-governing City, the Governor of a Special Self-governing Province
or the head of a Si/Gun/Gu (hereinafter referred to as "person who has the
authority to grant permission" in this Article) to apply lenient criteria
under Articles 42, 55, 58, 60 and 61 of the Building Act, as prescribed by
Presidential Decree.
(4) A person who
has the authority to grant permission under paragraph (3) shall determine
whether to apply leniency in the relevant criteria and the scope of application
following deliberations by a building committee under Article 4 of the Building
Act and inform an applicant of the outcomes thereof.
(5) Procedures
for requesting leniency in criteria and determination under paragraphs (3) and
(4) and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER VI LANDSCAPE COMMITTEE
Article 29 (Establishment of Landscape Committee)
(1) A landscape
committee shall be established under the authority of the Minister of Land,
Infrastructure and Transport or the Mayor/Do Governor, etc. for deliberation or
providing advice and suggestions on matters concerning landscapes: Provided,
That where it is difficult to establish and operate a landscape committee, a
landscape-related committee prescribed by Presidential Decree shall perform
functions of the landscape committee.
(2) The head of a
Si/Gun, the head of an administrative Si, the head of a Gu, etc. or the head of
a free economic zone authority may request the Mayor/Do Governor to deliberate
on matters by a landscape committee established in the City/Do to which the
relevant local government (including an administrative Si and a free economic
zone authority) belongs without organizing its landscape committee separately.
(3) Where it is
necessary to deliberate on matters relating to landscapes, the Minister of
Land, Infrastructure and Transport or the Mayor/Do Governor, etc. may undergo
joint deliberation by a committee established pursuant to other Acts and a
landscape committee under paragraph (1) (including a committee related to
landscape which performs functions of the landscape committee on its behalf
pursuant to proviso to the aforesaid paragraph; hereinafter the same shall
apply), as prescribed by Presidential Decree.
Article 30 (Functions of Landscape Committee)
(1) Matters that
should be deliberated by a landscape committee shall be as follows:
1. Formulation or revision of landscape plans under Article 12;
2. Approval for landscape plans under Article 13;
3. Approval for the execution of landscape projects under Article
16;
4. Approval for landscape agreements under Article 21;
5. Deliberation on landscapes of infrastructure projects under
Article 26;
6. Deliberation on landscapes of development projects under Article
27;
7. Deliberation on landscapes of buildings under Article 28;
8. Other matters prescribed by Presidential Decree, which have a
significant effect on landscapes.
(2) The Minister
of Land, Infrastructure and Transport or the Mayor/Do Governor, etc. should
seek advice on the following matters from a landscape committee: Provided, That
subparagraphs 3 and 4 shall be applicable to the Mayor/Do Governor, etc. only:
1. Matters concerning landscape plans;
2. Matters concerning the planning of landscape projects;
3. Matters concerning the enactment and amendment of municipal ordinances
concerning landscapes;
4. Other matters prescribed by Municipal Ordinance of the relevant
local government, which have a significant effect on landscapes.
Article 31 (Organization and Operation of Landscape Committee)
In addition to
matters provided for in this Act, matters concerning the organization and
operation of a landscape committee and other necessary matters shall be
prescribed by Presidential Decree.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 32 (Training of Human Resources and Support Therefor)
(1) The State and
local governments may train and educate professionals, discover excellent
landscapes and provide necessary support, such as giving rewards therefor, in
order to promote the conservation, management and creation of landscapes.
(2) Where the
State provides subsidies to local governments for expenses incurred in
executing regional development or improvement projects, it may preferentially
provide subsidies to local governments in which plans for the conservation,
management and creation of landscapes or the results thereof are excellent.
Article 33 (Building and Operation of Landscape Management
Information System)
(1) The Minister
of Land, Infrastructure and Transport or the Mayor/Do Governor, etc. may build
and operate a landscape management information system in order to efficiently
manage landscapes, such as the formulation of landscape plans and deliberation
on landscapes.
(2) The Minister
of Land, Infrastructure and Transport or the Mayor/Do Governor, etc. may
provide matters prescribed by Presidential Decree, such as the current status
of landscape resources and the details of landscape projects, to related
agencies and the general public via a landscape management information system.
(3) In addition
to matters provided for in paragraphs (1) and (2), matters necessary for
building and operating a landscape management information system shall be
prescribed by Presidential Decree.
Article 34 (Legal Fiction of Public Officials When Penal Provisions
Are Applied)
When the provisions
of Articles 129 through 132 of the Criminal Act are applied to a person who is
not a public official among the members of a landscape committee under Article
29 (1), he/she shall be deemed a public official.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Basic Surveys)
The
amended provision of proviso to Article 10 shall apply, beginning with cases
where the Mayor/Do Governor, etc. formulates or revises a landscape plan after
this Act enters into force.
Article 3 (Applicability to Deliberation on Landscapes of
Infrastructure Projects)
The
amended provisions of Article 26 shall apply, beginning with cases where a
project owner enters into a design services contract for an infrastructure
project after this Act enters into force.
Article 4 (Applicability to Deliberation on Landscapes of
Development Projects)
The
amended provisions of Article 27 shall apply, beginning with cases where a
person applies for designation of a district or approval for a project plan due
to a development project after this Act enters into force.
Article 5 (Applicability to Deliberation on Landscapes of Buildings)
The
amended provisions of Article 28 shall apply, beginning with cases where a
person applies for a building permit or reports construction after this Act
enters into force.
Article 6 (Transitional Measures concerning Formulation of Landscape
Plans)
A
landscape plan formulated before this Act enters into force shall be deemed a
landscape plan formulated pursuant to the amended provisions of Article 7.
Article 7 (Transitional Measures concerning Si/Gun Landscape Plans)
Notwithstanding
the amended provisions of Article 12, the former provisions shall apply to a
Si/Gun landscape plan for which an application for approval has been filed with
the Governor of a Do pursuant to the former Article 11 before this Act enters
into force.
Article 8 (Transitional Measures concerning Enforcement Date of
Construction Technology Promotion Act)
Of the
amended provision of Article 26 (1), "subparagraph 6 of Article 2 of the
Construction Technology Promotion Act" shall be deemed "subparagraph
5 of Article 2 of the Construction Technology Promotion Act" until May 22,
2014.
Article 9 Omitted.
Article 10 (Relationship with other Acts)
Where the
provisions of the former Landscape Act are cited by other Acts and subordinate
statutes as at the time this Act enters into force, the relevant provisions of
this Act shall be deemed cited, in lieu of the former provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 39 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 7 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 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
Last updated : 2020-06-17
[Source: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=52189&lang=ENG]