|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 22
ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON ENVIRONMENTAL POLICY
Presidential Decree No. 13303, Feb. 2, 1991
Amended by Presidential Decree No. 13462, Sep. 7, 1991 Presidential Decree No. 13699, Jul. 21, 1992
Presidential Decree No. 13715, Aug. 22, 1992
Presidential Decree No. 13724, Aug. 31, 1992
Presidential Decree No. 13889, May 26, 1993
Presidential Decree No. 13914, Jun. 24, 1993
Presidential Decree No. 14018, Dec. 11, 1993
Presidential Decree No. 14069, Dec. 31, 1993
Presidential Decree No. 14255, May 4, 1994
Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 14637, Apr. 28, 1995
Presidential Decree No. 14657, Jun. 1, 1995
Presidential Decree No. 15082, Jun. 29, 1996
Presidential Decree No. 16954, Aug. 17, 2000
Presidential Decree No. 17516, Feb. 9, 2002
Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 18041, Jun. 30, 2003
Presidential Decree No. 18108, Sep. 29, 2003
Presidential Decree No. 18428, Jun. 11, 2004
Presidential Decree No. 18457, Jun. 29, 2004
Presidential Decree No. 18605, Dec. 18, 2004
Presidential Decree No. 18693, Jan. 31, 2005
Presidential Decree No. 18818, Apr. 30, 2005
Presidential Decree No. 18953, Jul. 22, 2005
Presidential Decree No. 19038, Sep. 8, 2005
Presidential Decree No. 19073, Sep. 30, 2005
Presidential Decree No. 19162, Dec. 1, 2005
Presidential Decree No. 19373, Mar. 8, 2006
Presidential Decree No. 19497, May 30, 2006
Presidential Decree No. 19713, Oct. 26, 2006
Presidential Decree No. 19745, Dec. 4, 2006
Presidential Decree No. 19883, Feb. 12, 2007
Presidential Decree No. 20077, Jun. 1, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 20975, Aug. 26, 2008
Presidential Decree No. 21037, Sep. 25, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide matters delegated by the Framework Act on Environmental
Policy (hereinafter referred to
as the "Act") and matters necessary for the enforcement thereof.
Article 2 (Environmental Standards)
The environmental standards as prescribed in Article 10 (2) of the Act shall be as provided in the
attached Table 1.
Article 3 (Alteration of Minor Matters of Comprehensive Plan for National Environment)
The term "case of altering minor matters
prescribed by Presidential Decree" in the proviso to Article
12 (3) of the Act means the case falling under each of the following
subparagraphs:
1. Case where the matters set out in the provisions of subparagraphs 1 through 4 and 6 of Article
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
23
13 of the Act are altered partly within the scope of not greatly affecting the original comprehensive
plan for national environment;
and
2. Case where the cost required under subparagraph 5 of Article 13 of the Act is altered within
the scope of not more than 30/100
thereof.
[This Article Wholly Amended by Presidential Decree No. 18041, Jun. 30, 2003]
Articles 4 and 4-2 Deleted.
(1) The mid-term comprehensive plan for environmental preservation provided for in Article 14-2
(1) of the Act (hereinafter referred
to as "mid-term plan") shall contain the matters set out in
the following subparagraphs: 1. Matters provided for in each subparagraph of Article 13 of the Act; and
2. Other matters necessary for environmental improvement projects.
(2) The Minister of Environment may, in case where deemed necessary
for devising the mid-term
plans, request the head of related central administrative agency, the Special Metropolitan City Mayor,
Metropolitan City Mayor, Do governor (hereinafter referred to as the "Mayor/Do governor") or the
heads of related agencies or organizations
to furnish the data that are required for devising the mid-term
plans.
(3) The mid-term plans shall be devised in such manners as the area and size of projects, etc. are
definitely specified by year,
and by the Special Metropolitan City, Metropolitan City, Do (hereinafter
referred to as the "City/Do") for the efficient control
of the mid-term plans, and by environmental
management area under Article 6.
[This Article Newly Inserted by Presidential Decree No. 16954, Aug. 17, 2000]
Article 4-4 (Submission of Implementation Plans by
Year)
(1) The head of central administrative agency concerned and the Mayor/ Do governor shall, under
Article 14-2 (4) of the Act,
each work out a plan for implementing the mid-term plan of the relevant
year and submit such plan to the Minister of Environment
by the end of January every year.
(2) The implementation plans for the following year under paragraph (1) shall contain new projects concerning
the environment improvement
and major continuing projects.
[This Article Newly Inserted by Presidential Decree No. 16954, Aug. 17, 2000]
Article 4-5 (Submission
of Record of Implementation Plans)
(1) The head of related central administrative agency and the Mayor/ Do governor shall, under
Article
14-2 (4) of the Act, submit the record of the implementation plans during the previous year to the
Minister of Environment
by the end of January every year.
(2) The head of related central administrative agency and the Mayor/Do governor shall, in case where
there exist any projects that
fall short of the implementation plans by year, include the matters concerning
its causes and measures in the records under paragraph
(1).
(3) The Minister of Environment shall make a comprehensive analysis of the records of implementation
plans during the previous
year, which are submitted under paragraph (1), and notify the head of central
administrative agency concerned and the Mayor/Do governor
of the findings of such comprehensive
analysis by the end of March every year.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
24
agencies concerned and the heads of local governments, etc. shall comply with the request unless
the special grounds exist that
make it impossible for them to do so.
(2) The Minister of Environment may support local governments with techniques, etc. to help
them
efficiently maintain and manage the researching, monitoring, measuring, testing and analyzing system
which is needed to properly
carry out the survey and evaluation of environmental state in accordance
with Article 15 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 18041, Jun. 30, 2003]
Article 4-7 (Methods of Developing Environment-Friendly
Planning Techniques, etc. and Their Contents)
The heads of central administrative agencies in charge of Acts and subordinate statutes
governing
the relevant administrative plans and
development projects shall develop environment-friendly planning techniques, etc. provided for in Article
15-2 (1) of the Act taking
into account types of the administrative plans and development projects as
well as the features of location, etc., and the matters
falling each of the following subparagraphs shall
be included therein. In this case, the heads of central administrative agencies
in charge of such Acts
and subordinate statutes shall consult with the Minister of Environment thereabout in advance and
may publish
matters concerning the environment-friendly planning techniques, etc. in conjunction with
the Minister of Environment: 1. Matters concerning environment-friendly indicators;
2. Matters concerning standards and techniques for environment-friendly planning;
3. Matters concerning standards for utilizing and managing environment-friendly land; and
4. Other matters necessary to develop and implement the administrative plans and development projects
sustainedly.
[This Article Newly Inserted by Presidential Decree No. 18041, Jun. 30, 2003]
Article 4-8 (Creation and Operation of Environmental
Information Network, etc.)
(1) The environmental information subject to the creation and operation of the environmental information
network provided for in Article 15-3 (2) of the Act shall be as follows:
1. The survey and evaluation of the current state of environment provided for in Article 15 (1) of
the Act;
2. Findings of the surveys of the current state of environment by specialized institutions provided
for in Article 15-3 (4) of the
Act;
3. Environmental information necessary to shape and implement environmental policies;
4. Geographic information on environment, including maps, etc., which show the current state of
natural environment and ecosystem;
5. Environmental information useful for the people; and
6. Other environmental information necessary to preserve and manage environment.
(2) The Minister of Environment may, pursuant to
the provisions of Article 15-3 (4) of the Act, commission
or entrust the survey of the current state of environment and the creation
and operation of the environmental
information network to or with specialized institutions falling under each of the following subparagraphs:
1. The National Institute of Environmental Research;
2. The Public Health and Environment Research Institute of the City/ Do each established pursuant
to the Public Health and Environment
Research Institute Act;
3. Government-invested research institutions established pursuant to the Act on the Establishment,
Operation and Fosterage of Government-Invested
Research Institutions or Act on the Establishment,
Operation and Fosterage of Government-Invested Research Institutions of Science
and Technology;
4. The Korea Environment and Resources Corporation established pursuant to the Korea Environment
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
25
and Resources Corporation Act;
5. The Environmental Management Corporation established pursuant to the Environmental Management
Corporation Act;
6. The Korea Water Resources Corporation established pursuant to the Korea Water Resources Corporation
Act;
7. Specific research institutions established pursuant to the Support of Specific Research Institutions
Act; and
8. Other institutions and organizations designated and published by the Minister of Environment.
(3) Detailed matters concerning
the creation and operation of the environmental information network
and other necessary matters concerning fees on the provision
of environmental information through
the environmental information network, etc. other than matters prescribed in this Decree shall
be prescribed
by the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 18041, Jun. 30, 2003]
Article 5 (Restriction on Utilization, etc. of Land
in Special Measures Areas)
(1) The Minister of Environment may restrict any utilization of land and installation of facilities in
a
special measures area under Article 22 (2) of the Act, in case where falling under any of the following
subparagraphs: 1. Where it is deemed that it exceeds the environmental standards as provided for in Article 10 (1)
or (3) of the Act, and it might
cause any grave danger and injury to the health and property
of residents or the growth of any kind of life;
2. Where it is deemed that the natural ecosystem might be destroyed severely; and
3. Where the soil or water is contaminated heavily by specified noxious substances.
(2) If the Minister of Environment desires to
restrict the utilization of land and installation of facilities
in a special measures area for any reason falling under any subparagraph
of paragraph (1), he shall
determine and give public notice of the object, details, period, method, etc., of such restriction. The
same shall also apply in cases of a modification.
Article 6 (Designation of Environment Control Area Classified by Affected Zone)
If necessary for controlling the environment by
affected zone under Article 23 of the Act, the Minister
of Environment may designate each environmental control area classified
(hereinafter referred to as
the "control zone") by zones affected by air pollution, the water system area affected by water pollution
and ecological zones, etc. respectively. In this case, the control zones may be designated by dividing
them into a middle region
and a large region.
[This Article Wholly Amended by Presidential Decree No. 13715, Aug. 22, 1992]
Article 6-2 (Establishment of Environmental Control
Plan and Countermeasures Classified by Affected Zone)
(1) When a control zone of a middle region is designated under Article 6,
the head of basin environmental
office or of regional environmental office shall establish an environmental control plan and
countermeasures
consistent with the characteristics of the middle region under his jurisdiction (hereinafter
referred to as the "middle region control
plan"), and shall confirm this by obtaining the approval
of the Minister of Environment through the deliberation and coordination
of the Middle Region
Environmental Control Committee as provided for in Article 6-4.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
26
(3) When the head of basin environmental office or of regional environmental office or the Minister
of Environment intends to establish
the middle or large region control plan, he shall consult in advance
with the heads of related agencies and organizations.
(3) The members of the Middle Region Committee shall be commissioned or appointed by the head
of basin environmental office or of
regional environmental office from among the following persons:
1. Public officials of related administrative agencies;
2. Members of the local council;
3. Officers and employees of institutions relevant to the water resources;
4. Representatives of relevant economic and social organizations, such as trade and industrial organizations;
5. Other persons who are of ample learning and experience in the preservation of environment or
land and urban planning; and
6. Persons recommended by civil organizations (referring to nonprofit non-governmental organization
under Article 2 of the Assistance
for Nonprofit Non-Governmental Organizations Act).
[This Article Newly Inserted by Presidential Decree No. 13715, Aug. 22, 1992]
Article 6-5 (Function, etc. of Middle Region Committee)
(1) The Middle Region Committee shall deliberate and coordinate the following
matters related to the
environmental control in the area under its control:
1. Matters concerning the priority of investment in the environment preservation countermeasure
projects;
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
27
2. Matters concerning the sharing of expenses for driving forward the environment preservation counter-
measure projects among the
State, local governments, and industrial enterprises;
3. Matters concerning the adjustment of interest between local governments, or residents and industrial
enterprises;
4. Matters concerning the adjustment of discharge permission standard of the environmental pollution
source, and the regulation of
the total quantity; and
5. Other matters as deemed necessary in particular for establishing environmental control plans and
countermeasures.
(2) Matters necessary for the operation of the Middle Region Committee shall be determined by the
Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 13715, Aug. 22, 1992]
Article 7 (Subjects of Advance Examination of Environmental
Impact and Time for Asking for Consultations thereabout)
(1) The administrative plans, the type and scale of the development projects
and the scope of area
that is necessary to be preserved, which are subjects of the advance examination of the environmental
impact
(hereinafter referred to as "subjects of the advance examination of the environmental impact")
provided for in the provisions of
Article 25-2 (2) of the Act and the specific time for asking for the
consultations about the advance examination of the environmental
impact (hereinafter referred to as
"time for asking for the consultations") provided for in the provisions of Article 25-3 (2) of
the Act
shall be shown in the attached Table 2.
(2) The heads of central administrative agencies concerned, the Mayors/ Do governors and the heads
of Sis/Guns/Gus (hereinafter
referred to as the "heads of administrative agencies concerned") may
not repeatedly examine the administrative plans and the development
projects that are shown in the
attached Table 2 in case where their examination items have been already examined in other administrative
plans (referring to the examination items provided for in the provisions of Article 8 (2)).
(3) Notwithstanding the provisions
of paragraph (1), the administrative plan or the development project
that falls under any of the following subparagraphs shall be
excluded from the subjects of the advance
examination of the environmental impact:
1. The development project that is subject to the environmental impact assessment provided for in
the provisions of Article 4 (3)
of the Act on Assessment of Impacts of Works on Environment,
Traffic, Disaster, etc. (including the environmental impact assessment
that is performed by the
City/Do pursuant to the provisions of Article 4 (4) of the same Act);
1-2. Administrative plan whose area
of project plan is less than 10,000 square meters;
1-3. Development plan within an area designated in the advance examination of
environmental impact,
assessment of environmental impact or the administrative plan [applicable only to the case of
administrative
plan with sites and refers to the district-unit planning in the case of designation
and change of district-unit planning area or
urban management planning regarding district-unit
planning under subparagraph 4 (e) of Article 2 of the National Land Planning and
Utilization Act]
with the character of execution plan of the lowest level fixed through consultation with the Ministry
of Environment
or the head of regional environmental office (hereinafter "head of consultative
agency") as prescribed in other Acts and subordinate
statutes;
2. Deleted; 3. The project undertaken for emergency measures provided for in the provisions of Article 37 of
the Framework Act on the Management
of Disasters and Safety;
4. The administrative plan or the development project about which the Minister of National Defense
Reproduced from statutes of Republic
of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
28
has consulted with the head of consultative agency after recognizing urgent needs to protect highly
classified military secrets
from being leaked out and to conduct military operations;
4-2. Administrative plan or development plan acknowledged as in need of
protection of national secret
of high degree by the head of consultative agency after consultation with the head of relevant
agency;
or
5. The administrative plan or the development project for which the advance examination of the environ-
mental impact is made pursuant
to other Acts and subordinate statutes.
[This Article Wholly Amended by Presidential Decree No. 19497, May 30, 2006]
Article 7-2
(Procedures, etc. for Asking for Advance Consultations about Examination of Environmental Impact)
(1) The heads of administrative
agencies concerned shall ask the heads of consultative agencies falling
under each of the following subparagraphs for consultations
about the advance examination of the
environmental impact (hereinafter referred to as "advance examination of the environmental
impact")
pursuant to the provisions of Article 25-3 (1) of the Act:
1. In case where the head of the central administrative agency concerned develops or determines
the administrative plan or permits,
approves, permission, licenses, determines and designates the
administrative plan or the development project (hereinafter referred
to as the "permission, etc."):
The Minister of Environment; and
2. In case where the head of lower administrative agency that belongs to the central administrative
agency concerned, the Mayor/Do
governor or the head of Si/Gun/Gu develops, determines or permits
the administrative plan or the development project: The head of
local environmental agency.
(2) The head of administrative agency concerned shall, in case where he asks for the consultation
about
the advance examination of the environmental impact pursuant to the provisions of Article 25-3
(1) of the Act, submit 30 copies
of the written advance examination of the environ mental impact
(hereinafter referred to as "written examination") provided for
in the provisions of Article 25-4 of
the Act and one computer memory device, including diskettes or CD-ROM, in which the contents
of such advance examination of the environmental impact are entered to the heads of consultative
agencies.
[This Article Newly Inserted by Presidential Decree No. 19497, May 30, 2006]
Article 8 (Ways to Prepare Written Examination and
Its Contents, etc.)
(1) The written examination that is prepared by the head of administrative agency concerned or anyone
who undertakes
the development project pursuant to the provisions of Article 25-4 (1) of the Act
shall contain the contents falling under each
of the following subparagraphs: 1. Details of the program for the administrative plan or the development project, including the objectives
and need of the program,
the background of undertaking the program, the process of undertaking
the program (details required to be contained in the program
in accordance with relevant Acts
and subordinate statutes shall be included);
2. The current use of land, including the classification of the use of the area subject to the advance
consultations (excluding the
case where it is impossible to identify the area subject to the advance
consultations or the area subject to the advance consultations
is so extensive that it is impossible
to describe the current use of the land);
3. The current distribution of the area, district and zone falling under the provisions of subparagraph
2 of the attached Table 2,
including the ecology and scenery preservation area in the area subject
to the advance consultations (excluding the case where it
is impossible to identify the area subject
to the advance consultations);
4. The current state of the matters falling under each of the following items, which the Minister
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
29
of Environment publishes after consulting with the heads of central administrative agencies concerned
taking into account the types,
scales and characteristics of the relevant administrative plan and
the relevant development project, and whether they are subject
to the assessment of environmental
impact under the Act on Assessment of Impacts of Works on Environment, Traffic and Disasters,
etc. from among detailed drawings: Provided, That in case where it is impossible to determine
the area subject to the consultations
or its surrounding area or the two areas are so extensive
that it is impossible to determine them, the items other than item (c)
may not be prepared:
(a) Material on ecological characteristics, including the vegetation in the area subject to the advance
consultations
and the development activities in surrounding areas;
(b) The current pollution and the current source of pollution in the area subject
to the advance
consultations;
(c) Alternatives, the result of the examination of the environmental impact and ways to reduce
the environmental impact (in the
case of the development project, the result of the examination
of the environment impact for the project plan and ways to reduce
the environmental impact);
(d) The location map drawn on a scale of 1/25,000 of the area subject to the advance consultations;
(e) The land-use planning map drawn on a scale of 1/3,000 through 25,000; and
(f) The characteristics of the relevant area, which
are necessary for the advance examination
of environmental impact; and
5. The result of the hearing of opinions that is conducted pursuant to the provisions of Article 25-5
(1) of the Act and the details
of such opinions, which are reflected (limited to the case of the
administrative plan).
(2) The heads of administrative agencies concerned shall, when they examine the environmental impact
pursuant to the provisions
of paragraph (1) 4 (c), each examine the contents of the item falling under
each of the following subparagraphs (hereinafter referred
to "examination item"):
1. The appropriateness of the plan (limited to the administrative plan):
(a) The conformity of the plan with the environmental goals;
(b) The soundness and durability of the plan; and
(c) The consistence, etc. of the plan; and
2. The feasibility of the location (limited to a case where a specific location plan is included);
(a) The impact on the natural
environment; and
(b) The impact on the living environment, etc.
(3) The Minister of Environment may publish matters concerning specifically detailed items that are
needed to be intensively examined
accord ing to the types and classifications of the administrative
plans and development projects taking into account their characteristics,
etc. and ways to make the
examination, etc. from among the examination items referred to in the provisions of paragraph (2).
In
this case, the Minister of Environment shall consult with the heads of central administrative agencies
concerned thereabout in advance.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
30
(6) In the case of the administrative plans that are shown in the attached Table 3, the heads of central
administrative agencies
concerned may each determine and publish detailed items that are needed
to be intensively examined, ways to make the examination,
specific contents that have to be included
in the written examination and ways to prepare the written examination, notwithstanding
the provisions
of paragraphs (3) and (5).
(2) The heads of administrative agencies concerned shall, when they each prepare the draft examination
paper under paragraph (1),
hear beforehand the opinion of the Environmental Impact Examination
Consultative Council provided for in the provisions of Article
8-3 with respect to the matters falling
under each of the following subparagraphs: Provided, That the case of administrative plan
whose
area of project plan is less than 60,000 square meters may be made an exception:
1. The kinds of alternatives;
2. The detailed contents of the examination items and detailed ways to make the examination; and
3. The matters that are deemed necessary by the heads of administrative agencies concerned.
(3) The heads of administrative agencies
concerned shall each offer the draft examination paper for
the perusal of residents and hold an explanation meeting with residents.
In this case, the heads of
central administration agencies concerned shall each publish the draft examination paper, the place
where the draft examination paper is offered for the perusal of residents, the period during which
the draft examination paper is
offered for the perusal of residents, the place where the explanation
meeting is held, the date on which the explanation meeting
is held, the period during which the opinions
of residents are submitted and ways to submit their opinions, etc. both in newspapers
with nationwide
circulation and in local newspapers that are issued in areas subject to the administrative plans for
not less than
once and the public perusal period shall be longer than 20 days.
(4) The heads of administrative agencies concerned may each hold
a public hearing and a debate,
etc. (hereinafter referred to as "public hearing, etc.") with respect to the draft examination paper.
In
this case, the heads of administrative agencies concerned shall each publish the draft examination
paper, the place where the
public hearing, etc. is held as well as the date and time on which and
when the public hearing, etc. is held both in newspapers
with nationwide circulation and in local newspapers
that are issued in areas subject to the administrative plans once or more not
later than 14 days before
the date on which the public hearing, etc. is scheduled to be held.
(5) The heads of administrative agencies
concerned may not publish part of the draft examination
paper in the case falling under any of the following subparagraphs when
they each intend to offer
the draft examination paper for the perusal of residents and to hold an explanation meeting with residents
or a public hearing, etc. pursuant to the provisions of paragraphs (3) and (4):
1. Where it is necessary to keep military secrets from being leaking out and to ensure the national
security;
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
31
2. Where their publications are restricted pursuant to Acts and subordinate statutes; and
3. Where their publications result in greatly impeding the attainment of administrative objectives.
(6) The heads of central administrative
agencies concerned shall, in case where they do not publish
part of the draft examination paper pursuant to the provisions of paragraph
(5), enter the grounds
thereof in the written examination.
(7) In the case of the administrative plans that are shown in the attached Table 3, the heads of central
administrative agencies
concerned may determine and publish separately ways to hear public opinions,
notwithstanding the provisions of paragraphs (3) and
(4).
[This Article Newly Inserted by Presidential Decree No. 19497, May 30, 2006]
Article 8-3 (Composition and Operation, etc.
of Environmental Impact Examination Consultative Council)
(1) The heads of administrative agencies concerned shall each compose
and operate the Environmental
Impact Examination Consultative Councils in order to properly make the advance examination of the
environmental impact on their administrative plans.
(2) The chairmen of the Environmental Impact Examination Consultative Councils
referred to in the
provisions of paragraph (1) shall be designated by each of the heads of administrative agencies concerned
from
among the public officials who work for their administrative agencies.
(3) Each Environmental Impact Examination Consultative Council
shall be composed of not more than
10 members who are nominated by the head of each administrative agency concerned from among
the persons falling under each of the following subparagraphs:
1. Persons of profound knowledge and experience in the relevant administrative plan;
2. Public officials who are recommended by the heads of consultative agencies from among the public
officials who work for their
consultative agencies;
3. Public officials who are recommended by the heads of administrative agencies concerned from
among the public officials who work
for their administrative agencies; and
4. Other persons who are deemed necessary by the heads of administrative agencies concerned.
(4) The Environmental Impact Examination
Consultative Council's meetings shall be called by the
chairman and pass a resolution with the attendance of a majority of the total
members and with the
concurrent vote of a majority of those present.
(5) In cases where any committee that is established and operated pursuant to other Acts and subordinate
statutes and is composed
of those who fall under each subparagraph of paragraph (3) as its members,
such committee may be deemed the Environmental Impact
Examination Consultative Council referred
to in the provisions of paragraph (1).
(6) Necessary matters concerning the composition and operation of the Environmental Impact Examination
Consultative Councils shall
be published by the Minister of Environment after consulting thereabout
with the heads of administrative agencies concerned.
(7)
In cases of the administrative plans that are shown in the attached Table 3, the heads of central
administrative agencies concerned
may separately determine and publish the composition and operation
of the Environmental Impact Examination Consultative Councils,
notwithstanding the provisions of
paragraphs (3) through (6).
[This Article Newly Inserted by Presidential Decree No. 19497, May 30, 2006]
Article 9 (Notification, etc. of Opinions of Consultations)
(1) The heads of consultative agencies shall, upon receiving requests for consultations pursuant to
the provisions of Article 25-6
(1) of the Act, notify the heads of administrative agencies concerned
of their opinions of the advance consultations about the examination
of environmental impact (hereinafter
referred to as "opinions of consultations") within 30 days from the date on which they receive
the
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
32
requests for the consultations: Provided, That the period of 30 days may be extended within the scope
of 10 days on the grounds
of inevitability.
(3) The heads of consultative agencies shall, in cases where the areas subject to the administrative
plans or the development projects
include any coastal areas provided for in the provisions of subparagraph
3 of Article 2 of the Coast Management Act, hear the opinions
of the Minister of Land, Transport
and Maritime Affairs before they notify the opinions of consultations pursuant to the provisions
of
Article 25-6 (1) of the Act: Provided, That the same shall not apply to a case where the Minister
of Land, Transport and Maritime
Affairs develops and determines the administrative plans or the
development projects or grants permission, etc.
The heads of consultative agencies may, in case where they hear the opinions of the experts concerned
or ask them to conduct the
field survey pursuant to the provisions of Article 25-6 (2) of the Act,
pay allowances and travel expenses as well as actual expenses
needed to conduct their field survey
to such experts within limits of budget.
[This Article Newly Inserted by Presidential Decree No. 19497, May 30, 2006]
Article 10 (Management and Supervision of Implementation
of Advance Consultations about Examination of
Environmental Impact, etc.)
(1) The head of any administrative agency concerned shall notify the head of consultative agency
of the results of measures taken
or a plan for taking measures within 30 days from the date on which
he is notified of the opinion of consultations under Article
26 (1) of the Act.
(2) In the case where the head of any administrative agency concerned finds it difficult to reflect
the opinion
of consultations, of which he has been notified under Article 26 (1) of the Act, on the
grounds of inevitability, he shall promptly
notify the head of consultative agency of such fact and
grounds of inevitability.
(3) In the case where the head of consultative agency finds it necessary to confirm the results of
measures taken or whether a plan
for taking measures is implemented according to the opinion of
consultations under
Article 26 (1) of the Act (hereinafter referred to as "contents of consultations"), he may ask the head
of any administrative agency
concerned or any business operator to confirm whether the contents of consultations
are implemented and the progress in the implementation
of the contents of consultations.
(4) In the case where the contents of consultations are found not to have been implemented as
a
result of the confirmation referred to in paragraph (3), the head of consultative agency may ask the
head of any administrative
agency concerned to take measures necessary to implement the contents
of consultations.
(5) Where the head of relevant administrative agency intends to modify the contents of consultation
in accordance with the modification,
etc. of project plan, he shall hear opinions of the head of consultative
agency in advance; Provided, That they are subject to repeated
consultation under Article 26-2 of
the Act or to consultation of changed contents, the procedures shall be followed.
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
33
[This Article Newly Inserted by Presidential Decree No. 18041, Jun. 30, 2003]
Article 11 (Repeated Advance Consultations, etc. about
Examination of Environmental Impact)
(1) The subject of the repeated consultations provided for in the provisions of Article 26-2
(1) 1 of
the Act shall be the administrative plan that is expanded by not less than 30/100 in terms of the
project scale (referring
to the project area, length, size, density, volume and capacity, etc.; hereinafter
the same shall apply) about which consultations
are first held. In this case, the area to be enlarged
in the urban management planning under subparagraph 4 of Article 2 of the
National Land Planning
and Utilization Act shall be larger than the area subject to the minimum advance examination of
environmental
impact of the relevant urban management planning.
(2) The subject that has to be beforehand consulted with the head of any consultative agency about
the contents of change pursuant
to the provisions of Article 26-2 (2) of the Act shall be the administrative
plan that is expanded by not less than 10/100 but not
more than 30/100 in terms of the project scale
about which consultations are first held: Provided, That the urban management planning
under subpara-
graph 4 of Article 2 of the National Land Planning and Utilization Act shall include the cases where
the area enlarged
as the scale of project is enlarged by 30/100 or more than that originally consulted
is less than the area subject to the minimum
advance examination of environmental impact of the
relevant urban management planning.
(4) Where the consultation on the modified contents is omitted as referred to in paragraph (3), the
head of relevant administrative
agency shall notify the head of consultative agency of the result of
measures according to the reflection, etc. of project plan
after the completion of consultation on environmental
impact assessment within 30 days from the day when the project plan is approved
or fixed.
Where an administrative plan formulated and fixed without performing advance examination of
environmental impact because it was
not subject to the advance examination of environmental impact
has become subject to the advance examination of environmental impact
due to the amendment of
Acts and subordinate statutes, the advance examination of environmental impact shall be conducted
by applying
mutatis mutandis the procedures of consultation on the repeated consultation under Article
26-2 of the Act or on the modified contents
only in cases where the area enlarged as the scale of
project is enlarged by 10/100 or more. The same shall apply in cases where
it has become subject
to the advance examination of environmental impact because the project area is enlarged due to the
modification
of project plan.
[This Article Newly Inserted by Presidential Decree No. 20975, Aug. 26, 2008]
Articles 13 through 15 Deleted.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
34
than 200 members, including one chairman and not more than 10 vice chairmen.
(2) The chairman shall be the Vice Minister of Environment, and the vice chairmen shall be appointed
by the chairman from among
members with the expertise by field of environmental control, including
environmental policy, the preservation of nature, the preservation
of atmosphere, the preservation of
water quality, the tap-water and sewage systems, the recycling of wastes into resources, the
preservation
of global environment.
(3) Members shall be commissioned or appointed by the Minister of Environment from among those
falling under any of the following
subparagraphs: 1. Persons of ample learning and experience in the field of environmental preservation or land and
urban planning;
2. Public officials of the related central administrative agency; and
3. Persons recommended by civil organizations (referring to nonprofit non-governmental organization
under Article 2 of the Assistance
for Nonprofit Non-Governmental Organizations Act).
(4) The tenure of members shall be two years: Provided, That the tenure of members
who are public
officials shall be the period in which they hold the office, and that of a supplementary member shall
be the remaining
tenure of his predecessor.
Article 17 (Functions of Central Advisory Committee)
The Central Advisory Committee shall deliberate on the matters of the following
subparagraphs:
1. Matters concerning the comprehensive national environmental plan provided for in Article 12 of
the Act and the development and
alteration of the mid-term plan provided for in Article 14-2
of the Act;
2. Matters concerning the development and alteration of the basic plan for the environmental preservation
by field of environmental
control, including environmental policy, the preservation of nature, the
preservation of atmosphere, the preservation of water quality,
the tap-water and sewage systems,
the recycling of wastes into resources and the preservation of global environment;
3. Matters concerning environmental standards, standards for permitting the discharge of pollutants
and standards for the quality
of water discharged, etc.;
4. Matters concerning the designation of any area for which special measures are required to be
taken, and the establishment of special
comprehensive measures under Article 22 of the Act; and
5. Other matters, on which the Minister of Environment asks for deliberation in connection with
the preservation of environment and
the chairman deems it necessary for the Central Advisory
Committee to deliberate.
[This Article Wholly Amended by Presidential Decree No. 18041, Jun. 30, 2003]
Article 18 (Duties of Chairman)
(1) The chairman shall represent the Central Advisory Committee and exercise overall control of the
works of the Central Advisory
Committee.
Article 19 Deleted.
2. Enforcement Decree of the Framework Act on Environmental Policy
35
of the Minister of Environment, or when the chairman deems it necessary to do so; the chairman
and not less than 5 members designated
by the chairman shall constitute a quorum of every meeting
of the Central Advisory Committee, which is presided over by the chairman.
Members, etc. of the Central Advisory Committee may be paid allowances and travel expenses within
the limits of budget: Provided,
That this shall not apply to case where a member who is a public
official attends the Committee directly in connection with his
duties.
Article 23 (Detailed Rules Governing Operation)
Except those matters prescribed in this Decree, necessary matters concerning the composition and operation
of the Central Advisory
Committee and detailed matters subject to the deliberation of the Central Advisory
Committee shall be prescribed by the Minister
of Environment.
[This Article Wholly Amended by Presidential Decree No. 18041, Jun. 30, 2003]
Article 24 Deleted.
1. Person who carries on as an industry the disposal of environmental pollutants and wastes, or
the design, manufacturing, and work
execution of facilities for such disposal;
2. Person who carries on as an industry manufacturing and selling of machines, instruments, chemicals,
etc., related to the prevention
of environmental pollution; and
3. Other persons who participate positively in the preservation of environment.
Article 26 (Operational Plan, etc.)
The Environmental Preservation Association shall prepare each year the operational plan and the budget
of revenue and expenditure,
and submit them to the Minister of Environment to obtain approval not
later than one month before the fiscal year begins. The same
shall also apply in case of a modification.
The Environmental Preservation Association shall submit to the Minister of Environment a report on
actual operational results and
the settlement of accounts with a balance sheet within two months after
the fiscal year expires.
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2, 1991.
Article 2 (Application Example concerning Preparation of Environmental Impact
Assessment Statement and Convergence
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
36
of Residents' Opinions)
Matters concerning the convergence of residents' opinions under Article 8 for an enterpriser of targeted
projects of environmental
impact assessment as provided for in Table 1 of the previous Enforcement
Decree of the Environment Preservation Act, and the preparation
of the environmental impact assessment
statement for other enterprisers of targeted projects of environmental impact assessment
as provided
for in Table 2, at the time this Decree enters into force, shall be applicable on August 1, 1991.
Article 3 (Repealed
Acts and Subordinate Statutes)
The Enforcement Decree of the Environment Preservation Act shall hereby be repealed.
Article 5 Omitted.
Article 6 (Relation with Other Acts and Subordinate Statutes)
In case where the provisions of the previous Enforcement Decree of
the Environment Preservation
Act are cited in other Acts and subordinate statutes at the time this Decree enters into force, if
this
Decree includes the corresponding provisions, this Decree or the corresponding provisions of this
Decree shall be considered
to have been cited in lieu of the previous provisions.
ADDENDA
This Decree shall enter into force on September 9, 1991.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Environmental Impact
Assessment)
Notwithstanding the revised provisions of Article 33, the measures provided in the right column of
the following Table
for the projects provided in the left column of the following Table from among
the targeted projects of environmental impact assessment
as prescribed in Table 3, at the time when
this Decree enters into force, shall be taken by the Minister of Environment.
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
37
Targeted projects Measures
Targeted projects of environmental impact
assessment for which a draft of assessment
statement is submitted, and the examination of
its contents is in progress
Notification of opinion under
Article 8 (4)
Targeted projects of environmental impact
assessment for which the statement of
environmental impact assessment is submitted,
and the examination of its contents is in progress
Notification of the contents of
consultation under Article 11,
acceptance of fulfillment scheme,
and acceptance of objection
under Article 12(1)
Targeted projects of environmental impact
assessment for which the examination of contents
is in progress by a request for reconsultation
Reconsultation as provided for
in Article 12 (2)
ADDENDA
This Decree shall enter into force on September 1, 1992.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on May 26, 1993.
Article 2 Omitted.
ADDENDA
(2) through (4) Omitted.
ADDENDA
This Decree shall enter into force on December 12, 1993.
Articles 2 through 5 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
38
ADDENDA
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on June 30, 1996.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to
subparagraphs 1 and 3 (d) of
the attached Table 1 shall enter into force on January 1, 2001.
Article 2 (Application Example concerning Prior Consultation on
Development Projects)
With respect to a prior consultation on development projects under the amendments to Article 3 and
subparagraph
2 of the attached Table 2 shall be applicable from the application for authorization
or permit first made after the enforcement
of this Decree.
Article 3 (Transitional Measures, etc. on Prior Consultation)
(1) In case where a prior consultation is made under
the previous provisions of Article 3 at the time
of enforcement of this Decree, such a prior consultation shall be considered to
have been made under
this Decree.
(2) Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc. under the provisions
of Articles 3 (1) 1 and
4 (2) shall be considered the Environmental Impact Assessment Act until December
31, 2000.
Article 4 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA
2. Enforcement Decree of the Framework Act on Environmental Policy
39
of Administrative Plan and Development Project) The amended provisions of subparagraphs 1 (b) ()
and () and (e), and 2 (h) and (i)
of the attached Table 2 and subparagraph 6 of the reference column
of the same Table shall apply, starting with any development
project or any plan, which is first established,
or for each of which an application is first filed for permission or approval,
etc. after the enforcement
of this Decree.
ADDENDA
This Decree shall enter into force on October 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2004.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
basic design or implementation design is drawn up on and after the date of enforcement of this Decree.
ADDENDUM
This Decree shall enter into force on May 1, 2005.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
40
1, 2005.
ADDENDA
This Decree shall enter into force on October 1, 2005. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on March 9, 2006. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA 2006.
(2) (Application Example concerning Documents, etc. That are Submitted When Advance Consultations
about Examination of Environmental
Impact are Held) The amended provisions of Articles 7-2 (2) and
(8) and 8-2 (2) shall apply to the administrative plan and the development
project for which the advance
examination of environmental impact is made on or after the
. General
2. Enforcement Decree of the Framework Act on Environmental Policy
41
date when this Decree enters into force.
(3) (Application Example concerning Administrative Plan or Development Project That Newly becomes
Subject to Advance Examination
of Environmental Impact) The administrative plan or the development
project that newly becomes subject to the advance examination
of environmental impact according to
the amended provisions of the attached Table 2 shall start with the administrative plan that
is developed
on or after the date when this Decree enters into force and the development project for which an application
is filed
for its permission on or after this Decree enters into force.
ADDENDA
ADDENDA
This Decree shall enter into force on January 1, 2007: Provided, That the amended provisions of subparagraph
2 (a) () of the attached
Table 2 shall enter into force on the date of its promulgation; the amended
provisions related to diethyl hexyl phthalateto (DEHP)
and antimon under subparagraph 3 (a)
() and (b) () of the attached Table 1 shall enter into force on January 1, 2009; the amended
provisions related to benzene under subparagraph 1 of the attached Table 1 shall enter into force
on January 1, 2010.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on February 12, 2007.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability Concerning Notification of Results
of Measures following Omission of Consultation on Modification)
The amended provision of Article 11 (4) shall apply beginning with
the portion for which project plan
is approved or fixed after this Decree enters into force.
Article 3 (Applicability Concerning
Cases where Fixed Administrative Plans Becomes Subject to Advance Examination
of Environmental Impact)
The amended provision of Article 12 shall apply even to the administrative plans that have been already
formulated and fixed at
the time when this Decree enters into force.
Article 4 (Applicability Concerning Administrative Plans and Development Plans Newly
Becoming Subject to Advance
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
42
Examination of Environmental Impact)
The administrative plan and development plan that newly become subject to advance examination
of environmental impact according
to the amended provision of Table 2 shall apply beginning with
the administrative plan being formulated and the development plan
for which application for permission,
etc. is filed after this Decree enters into force.
Article 5 (Transitional Measures following
Modification of Subject to Repeated Consultation on Advance Examination
of Environmental Impact)
Notwithstanding amended provision of proviso to Article 11 (2), the former provisions shall apply
to the administrative plan for
which the procedures of repeated consultation are in progress according
to the former provisions at the time when this Decree enters
into force.
ADDENDA
This Decree shall enter into force on September 29, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/edotfaoep562