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WETLAND CONSERVATION ACT

[Enforcement Date: Jun. 22, 2008] [Act No. 8958, Mar. 21, 2008, Partial Amendment] Ministry of Environment (Nature Policy Division)

Tel.: 02-2100-6735

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to promote the conservation of wetlands and diversity of life forms therein and to reflect the purpose of the international convention on the wetlands, and thereby to contribute to the promotion of international cooperation by prescribing matters necessary for efficient conservation and management of wetlands. Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "wetlands" means the area of which the surface is covered permanently or temporarily by freshwater, estuary water, or saltwater, and refers to inland wetlands and coastal wetlands;

2. The term "inland wetlands" refers to the area such as lakes, marshes, and estuaries in land or in islands;

3. The term "coastal wetlands" refers to the area from the border where the water level touches the land at high tides to the border where the water level touches the land at low tides; and

4. The term "damage to wetlands" refers to the alteration of the original forms and quality of wetlands by means of drainage, reclamation or dredging, or using wetlands for purposes other than conservation by means of installing facilities or structures in the wetland.

Article 3 (Duties to Conserve Wetlands)

(1) The State, Special Metropolitan City, Metropolitan Cities, Dos, and the Special Self- Governing Do (hereinafter referred to as the City/Do) shall be vested with the duties to conserve wetlands.

(2) The Minister of Environment (hereinafter referred to as the "Minister") shall exercise overall control of the matters concerning the survey for wetlands and the National Wetland Management Plan as prescribed in Articles 4 and 5. (3) The Minister shall establish and implement the policies for designation and conservation of the wetland protection area, control area adjacent to the wetlands, or wetland area to be improved (hereinafter referred to as "wetland protection area, etc.") as prescribed in Article 8 pertaining to inland wetlands; and the Minister of Land, Transport and Maritime Affairs shall establish and implement the policies for designation and conservation of the wetland protection area, etc. as prescribed in Article 8 pertaining to coastal wetlands.

(4) The Special Metropolitan City Mayor, Metropolitan City Mayors, Do governors, or the Special Self-Governing Do governor (hereinafter referred to as the Mayor/Do governor) shall cooperate with the implementation of the policies as prescribed in section (3).

Article 4 (Survey for Wetlands)

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor shall conduct a basic survey for the socioeconomic status of wetlands such as the current status of ecological systems and pollution of wetlands, and the actual situation of land usage of the impact area around wetlands every five years.

(2) Where the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor deems it necessary for conservation and improvement of wetlands or fulfillment of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (hereinafter referred to as the "Convention"), he/she may separately conduct in-depth survey other than the basic survey as prescribed in section (1) for the relevant wetlands.

(3) In the event that that the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor deems that the change of the condition of wetlands is clear, he/she may conduct a supplementary survey for the basic survey as prescribed in section (1) for the relevant wetlands.

Article 5 (Establishment of National Wetland Management Plan) (1) The Minister or the Minister of Land, Transport and Maritime Affairs shall both establish the fundamental plan for conservation of wetlands (hereinafter referred to as the "fundamental plan") every five years on the basis of the outcomes of the surveys of wetlands as prescribed in Article 4 (hereinafter referred to as "wetland survey"), and the Minister shall establish the National Wetland Management Plan (hereinafter referred to as the "basic plan") on the basis of the fundamental plan through consultation with the Minister of Land, Transport and Maritime Affairs. In this case, the plans related to conservation of wetlands established under other Acts shall be respected as much as possible.

(2) The basic plan shall contain the following matters:

1. Policy direction in respect to conservation of wetlands;

2. Matters concerning wetland survey;

3. Matters concerning distribution and size of wetlands, and current status of diversity of life forms;

4. Matters concerning adjustments with the basic plans of other countries related to wetlands;

5. Matters concerning international cooperation for conservation of wetlands; and

6. Other matters on conservation of wetlands as prescribed by Presidential Decree. (3) Where the Minister or the Minister of Land, Transport and Maritime Affairs establishes the fundamental plan or the basic plan, he/she shall consult with the heads of the administrative agencies concerned, and, where necessary, he/she may request the heads of the central administrative agencies or the Mayor/Do governor to submit the related data. The same shall apply when intending to change the fundamental plan or the basic plan.

(4) When the Minister has established the basic plan, he/she shall notify such basic plan to the heads of the central administrative agencies concerned and the Mayor/Do governor. The same shall apply at the time of changing the basic plan. (5) The Minister or the Minister of Land, Transport and Maritime Affairs may, where it is necessary for the implementation of the basic plan, request the relevant heads of the central administrative agencies or the Mayor/Do governor to take necessary measures. In this case, the relevant heads of the central administrative agencies and the Mayor/Do governor comply with such request unless there is any special reason not to.

(6) Matters necessary for the establishment of the fundamental plan and the basic plan shall be prescribed by Presidential Decree.

(7) The Mayor/Do governor shall establish the action plans for conservation of wetlands to conserve the wetlands in his/her jurisdictional area. In this case, the provisions of sections (1) through (6) shall apply mutatis mutandis, and the terms "heads of the central administrative agencies concerned" and "Mayor/Do governor" shall be deemed as "heads of the administrative agencies concerned" and "head of the city/Gun/Gu" respectively.

Article 5-2 (Establishment, etc. of National Wetland Review Committee) The National Wetland Review Committee (hereinafter referred to as the "Committee" in this Article) shall be established under the jurisdiction of the Minister in order to deliberate on the following matters concerning conservation of wetlands:

1. Establishment and alteration of the basic plan;

2. Enforcement of resolution statements and recommended matters resolved by the general meeting of the countries concerned with the Convention; and

3. Other matters concerning the important policies for conservation of wetlands, referred to a deliberation by the Minister or the Minister of Land, Transport and Maritime Affairs. (2) The Committee shall be composed of not more than 30 members including one chairperson and two vice-chairpersons.

(3) The chairperson of the Committee shall be the Vice-Minister of Environment, and the vice-chairpersons of the Committee shall be the public official in charge of overall control of the wetland policies of the Ministry of Environment affairs who belongs to high-ranking public officials group, and the public official in charge of overall control of the coastal wetland policies of the Ministry of Land, Transport and Maritime Affairs who belongs to high-ranking public officials group. (4) The members of the committee shall be appointed or commissioned by the Minister among the persons applicable to any of the following subsections. In this case, the public officials nominated by the heads of the Ministry of National Defense, Ministry of Culture, Sports and Tourism, Ministry for Food, Agriculture, Forestry and Fisheries, Ministry of Environment, Ministry of Land, Transport and Maritime Affairs, and Korea Forest Service shall be ex officio members:

1. Public officials belonging to high-ranking public officials group, who are appointed by the heads of the central administrative agencies concerned;

2. Grade 2 or 3 public officials or public officials equivalent thereto appointed by the Mayor/Do governor who exercises jurisdiction over the wetlands; and

3. Persons having profound academic knowledge and experiences in wetlands, recommended by the Minister or the Minister of Land, Transport and Maritime Affairs. (5) Matters necessary for the organization and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 8291, Jan. 26, 2007] Article 6 (Wetland Investigator)

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may, where necessary, commission the wetland investigators (hereinafter referred to as "investigators") during the period of such survey for the implementation of the wetland survey. (2) Matters necessary for the qualification of the investigators and the procedures for commission, etc. shall be prescribed by th joint Ordinance of the Ministry of Environment and the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as the "Joint Ordinance"). Article 7 (Entry, etc. into Private Land (Property)) (1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may, where it is necessary for wetland surveys, have the relevant public officials or investigators enter another's land, or change or remove standing trees, earth and rocks, and other obstacles.

(2) A person who intends to enter another's land, or change or remove the obstacles pursuant to the provisions of section (1) shall give a notice of such intention to the owner, occupant, or manager thereof (hereinafter referred to as the "owner, etc."). (3) No one shall enter another's land surrounded by walls or hedges, before sunrise or after sunset without the consent of the owner, etc. of the relevant land. (4) An owner, etc. of land shall not refuse, interfere, or evade the activities of investigation as prescribed in section (1) without justifiable reasons. (5) Any person intending to enter another's land pursuant to the provisions of section (1) shall carry a certificate indicating his/her authority, and show it to the related persons as provided by the Joint Ordinance.

CHAPTER II CONSERVATION AND MAINTENANCE OF WETLANDS Article 8 (Designation, etc. of Wetland Area)

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may designate areas having special values to conserve, applicable to one of the following subsections among the wetlands, as wetland conservation areas, and the surrounding areas thereof as the control areas adjacent to wetlands:

1. Areas which maintain the primitive state of nature or having highly diverse life forms;

2. Areas where rare or endangered wild animals and plants inhabit or migrate; and

3. Areas having extraordinary scenic, topographic, or geological values. (2) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may designate the wetland areas applicable to one of the following subsections as the wetland area to be improved:

1. Areas where the damage to wetlands has been intensified or may potentially intensify among the wetland protection areas; and

2. Areas having values to improve through the management by human works among the areas where the state of conservation of the wetland ecosystem is poor. (3) In the event that the Minister or the Minister of Land, Transport and Maritime Affairs designates a wetland protection area, etc. pursuant to the provisions of section (1) or (2), he/she shall listen to the opinions of the Mayor/Do governor and local residents, and consult with the heads of the central administrative agencies concerned.

(4) In the event that the Mayor/Do governor designates a wetland protection area, etc. pursuant to section (1) or (2), he/she shall listen to the opinions of the head of the city/Gun/Gu and local residents, and consult with the administrative agencies concerned.

(5) When the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor has designated a wetland protection area, etc., he/she shall publicly announce the name, location and size of the relevant area, and other matters prescribed by the Joint Ordinance.

(6) Matters necessary for designation of wetland protection areas, etc. shall be prescribed by Presidential Decree

Article 9 (Implementation of Convention)

(1) Where the Government intends to report the wetlands registered under the Convention to the executive office of Convention to fulfill the Convention, the Minister or the Minister of Land, Transport and Maritime Affairs shall determine the wetlands to be notified among the wetland protection areas or wetlands which have not been designated as wetland protection area while having values equivalent thereto, after consultation with the heads of the central administrative agencies concerned. (2) In the event that the Government revokes the wetlands registered under the Convention notified pursuant to the provisions of section (1) or reduces the size thereof, it shall make efforts to prepare for the policies for conservation of wetlands corresponding thereto. (3) The Government shall sincerely perform the matters prescribed in the Convention such as conservation and management of the wetlands registered under the Convention, joint researches with other participating countries, and exchange of data. Article 10 (Revocation of Designation or Alteration of Wetland Protection Area, etc.) (1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may revoke the designation or alter such area by reduction for the area applicable to inevitable cases of public interest or military affairs as prescribed by Presidential Decree, or the area which has lost its value as a wetland protection area, or where there is no need to for conservation as wetland protection area due to natural disaster and calamity, and other reasons, among the wetland protection areas, etc.

(2) The provisions of Article 8 (3) through (6) shall apply mutatis mutandis to the revocation of designation or alteration of the wetland protection area, etc. as prescribed in section.

Article 11 (Formulation and Implementation of Conservation Plan) (1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor shall formulate and implement the conservation plan for the wetland protection areas, etc. (hereinafter referred to as the "conservation plan") upon consultation with the heads of the administrative agencies concerned:

(2) The conservation plan shall contain the following matters:

1. Basic matters concerning conservation of wetlands;

2. Matters concerning installation of facilities for the conservation and usage of wetlands pursuant to the provisions of Article 12; and

3. Matters concerning conservation, use and management of wetlands. (3) Matters necessary for the method and procedures of formulation of the conservation plan shall be prescribed by Presidential Decree.

Article 11-2 (Observance of Wetland Conservation Plan) In the event that the heads of the administrative agencies concerned intends to perform the activities pertaining to conservation, use, or management of wetlands in the wetland protection areas, etc., he/she shall be in compliance with the basic plan and conservation plan.

[This Article Newly Inserted by Act No. 6825, Dec. 26, 2002] Article 12 (Facilities for Conservation and Use of Wetland )

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, the heads of the central administrative agencies, or the head of a local government may install and operate the following facilities for conservation and use of wetlands (hereinafter referred to as the "facilities for conservation and use of wetlands").

1. Protective facilities to protect wetlands;

2. Research facilities for research on wetlands;

3. Facilities which do not interfere the conservation of wetlands such as wooden bridges, educational public relations facilities, and information and management facilities; and

4. Other facilities for conservation of wetlands, which are prescribed by Presidential Decree.

(2) When the head of a local government intends to install and operate facilities for conservation and use of wetlands in the wetland protection areas, etc. designated pursuant to the provisions of Article 8 by the Minister or the Minister of Land, Transport and Maritime Affairs, he/she shall obtain in advance the approval from the Minister or the Minister of Land, Transport and Maritime Affairs: Provided, that the same shall not apply in the event that the facilities pursuant to the provisions of each subsection of section (1) are in accordance with the project plan as prescribed in other laws and regulations.

(3) Matters necessary for installation and use, operation and management, etc. of the facilities pursuant to the provisions of each subsection of section (1) shall be prescribed by Presidential Decree. Article 13 (Activity Restriction)

(1) No person shall perform activities applicable to any of the following subsections in the wetland protection areas pursuant to the provisions of Article 8 (1) (hereinafter referred to as "wetland protection areas"): Provided, that the same shall not apply to the cases where it is necessary for the maintenance and management of the agricultural production infrastructure pursuant to the provisions of subsection 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act and the cases of performing the activities applicable to subsections 1 through 3 to use the relevant facilities for agricultural purposes, the cases of performing the activities applicable to subsections 2 or 3 to take emergency measures under Article 37 of the Framework Act on the Management of Disaster and Safety, and the cases prescribed by Presidential Decree within the minimum extent for military purposes such as positioning military troops, operational activities, etc.:

1. New construction or extension of building or other structure (limited to the case where the total floor area of the relevant building or other structure becomes not less than twice the original total floor area) and alteration of forms and quality of land;

2. Activities causing increase or decrease of the water level or water quantity of wetlands;

3. Collection of earth, sand, gravel, or rocks;

4. Exploitation of minerals; and

5. Artificial introduction of animals and plants, farming, capture, or collecting (excluding the cases of farming, capture, or collecting which have been continuously performed by the relevant local residents as means of livelihood or leisure activities for not less than the period prescribed by the Joint Ordinance).

(2) No person shall perform the activities of letting loose wild animals or planting vegetation that disturbs the ecosystem as prescribed in subsection 4 of Article 2 of the Protection of Wild Fauna and Flora Act, or the wild animals and plants disturbing the marine ecosystem as prescribed in subsection 12 of Article 2 of the Conservation and Management of Marine Ecosystem Act within the control area adjacent to wetlands or wetland areas to be improved.

(3) Any person who intends to start a reclamation project or public water reclamation project of not less than a specified scale, or to perform other activities which may be impede upon the protection of wetlands in the control area adjacent to wetlands as prescribed in Article 8 (1) shall obtain approval from the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor, and in the case that such person is the head of the central administrative agency concerned, he/she shall consult with the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor. (4) Activities subject to the approval or consultation, the scale of project as prescribed in section (3), and other necessary matters shall be prescribed by Presidential Decree. (5) The provisions of sections (1) and (2) shall not apply to the cases applicable to any of the following subsections where the approval of the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor has been obtained (referring to the cases where the head of the central administrative agency concerned has consulted with the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor, in the case of the head of the central administrative agency concerned).

1. Where it is necessary for the activities for prevention and restoration of natural and relief thereof under subsection 2 of Article 2 of the Countermeasures against Natural Disasters Act;

2. Where it is necessary for conservation of wetland protection areas, etc. or operation of agriculture, forestry, and fisheries business in the wetland protection areas, etc.; and

3. Other cases prescribed by Presidential Decree where it is inevitable for the sake of public interest.

(6) Matters necessary for the procedures, approval or consultation as prescribed in section (5) and its requirement shall be prescribed by Presidential Decree.

Article 14 (Suspension Order)

The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may order suspension of the activities for the person who has performed the activities in violation of the provisions of Article 13 (1) within the wetland protection area, or order restoration to the original state by specifying a reasonable period; and in the event that the restoration to the original state is difficult to conduct, he/she may order the relevant person to take measures corresponding thereto.

Article 15 (Restriction on Access)

(1) In the event that the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor deems it especially necessary for the protection and management of wetland protection areas or wetland areas to be improved, he/she may restrict or prohibit all access to such area by designating a specific period for the whole or a part of the relevant area: Provided, that the same shall not apply to the cases applicable to the following subsections.

1. Where the relevant local residents have access thereto to manage their livelihood such as their daily business of agriculture, forestry, and fisheries business;

2. Where having access thereto for projects to conserve the wetlands;

3. Where having access thereto for military purposes;

4. Where having access thereto to take measures necessary for the activities for prevention, emergency measures, and restoration of the disasters from the natural disasters and relief thereof under subsection 2 of Article 2 of the Countermeasures against Natural Disasters Act; and

5. Where having access thereto to perform other activities prescribed by Presidential Decree, which do not interfere with the conservation and management of wetland protection areas.

(2) In the event that the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor intends to restrict or prohibit the access pursuant to the provisions of section (1), he/she shall publicly announce the location, size, the period of restriction or prohibition of access of the relevant area, and other matters prescribed by the Joint Ordinance.. (3) In the event that the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor deems that the reasons for restriction or prohibition of the access have vanished, he/she shall lift such restriction or prohibition without delay, and publicly announce such fact.

Article 16 (Relations with Other Acts)

(1) Excluding the cases prescribed by Presidential Decree where it is necessary the public interests or military affairs, establishment of the basic plan for reclamation as prescribed in Article 4 of the Public Waters Reclamation Act, change in the basic plan for reclamation as prescribed in Article 8 of the same Act, the license for reclamation of public waters as prescribed in Article 9 of the same Act, and the permission for collecting aggregate as prescribed in Article 22 of the Aggregate Collection Act shall be prohibited in the wetlands designated as wetland protection areas or wetland areas to be improved. (2) In the event that the heads of the administrative agencies concerned designates an area or a district related to conservation and use of wetlands, he/she shall consult with the Minister or the Minister of Land, Transport and Maritime Affairs: Provided, that in the event that there are procedures for consultation under other Act, such Act shall govern therefor. Article 17 (Management of Damaged Wetlands)

(1) Where the State, a local government, or a business operator has damaged wetlands of a size not less than the percentage prescribed by Presidential Decree of the wetland protection areas or wetland areas to be improved, the Government shall ensure that the wetlands of the size corresponding to the percentage prescribed by the Joint Ordinance of the relevant wetland protection areas or wetland areas to be improved are retained.

(2) The Government shall monitor the conditions of changes in the ecosystem of the retained wetlands pursuant to the provisions of section (1) for a period prescribed by the Joint Ordinance, and ensure that such results are to be utilized for conservation of ecosystem surrounding the damaged area.

Article 18 (Encouragement of Development and Management of Man-Made Wetlands) The Minister or the Minister of Land, Transport and Maritime Affairs shall encourage the heads of the central administrative agencies concerned or the heads of local governments to develop man-made wetlands for the conservation of the ecosystem and improvement of the wetland environment, etc., and ensure that the wetlands developed around the damaged wetlands due to changes in ocean currents, sand dunes, etc. are e maintained or conserved as much as possible. Article 18-2 (Use Fee)

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may collect use fees from the persons using the wetland protection areas, etc.: Provided that the wetland protection areas inside the park territory designated pursuant to the Natural Parks Act shall be in accordance with the conditions as prescribed by the Natural Parks Act.

(2) The Minister, the Minister of Land, Transport and Maritime Affairs, the heads of the central administrative agencies, or the heads of local governments may collect use fees from the persons using the facilities for conservation and use of wetlands: Provided, that the facilities for conservation or use of wetlands inside the park territory designated pursuant to the Natural Parks Act shall be in accordance with the conditions as prescribed by the Natural Parks Act. (3) In the event that the Minister or the Minister of Land, Transport and Maritime Affairs has delegated his/her authority to collect use fee as prescribed in section (1) to the Mayor/Do governor or the head of the city/Gun/Gu (referring to the head of the autonomous Gu, and the same shall apply hereinafter) pursuant to the provisions of Article 21 (1), such use fees shall be the revenues of the City/Do or the city/Gun/Gu which collected thereof.

(4) Matters necessary for the amount, procedures for collection, and exemption of use fees as prescribed in the texts of sections (1) and (2) shall be prescribed by the Ordinance of Environment. [This Article Newly Inserted by Act No. 6825, Dec. 26, 2002] CHAPTER III SUPPLEMENTARY PROVISIONS

Article 19 (Reward)

The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may pay a reward to a person who has reported or filed a complaint against another person who violated the provisions under Article 13 (1) or (2) to the administrative authority concerned or investigation agency, as provided by Presidential Decree. Article 20 (Damage Compensation)

(1) The State or the City/Do shall compensate the person who suffered any damage due to the survey of the wetlands for such as provided by Presidential Decree.

(2) A person who intends to be compensated pursuant to the provisions of section (1) shall request the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor for such compensation.

(3) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor shall, where there exists any request as prescribed in section (2), determine the amount of compensation through consultation with the claimant, and notify such amount to the claimant. (4) Where the consultation as prescribed in section (3) has not been effected, the Minister, the Minister of Land, Transport and Maritime Affairs, the Mayor/Do governor, or the claimant may file an application for the adjudication with the competent land expropriation committee. Article 20-2 (Purchase of Land, etc.)

(1) In the event that the owner of the land, buildings and other articles, and rights such as mining right and fishery right (hereinafter referred to as "land, etc.") in the areas which are needed for the conservation of the ecosystem of the wetland protection areas, etc. intends to sell the land, etc., the Minister or the Minister of Land, Transport and Maritime Affairs may purchase it. (2) The Minister or the Minister of Land, Transport and Maritime Affairs may, where it is deemed especially necessary for the purchase of the mining right as prescribed in section (1), purchase the mining right by dividing it through the consultation with the Minister of Knowledge Economy, notwithstanding the provisions of the Mining Industry Act. (3) The purchase price in the case where the Minister or the Minister of Land, Transport or Maritime Affairs purchases the land, etc. pursuant to the provisions of section (1) shall be based on the price computed pursuant to the provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

(4) Matters necessary for the purchase procedures of the land, etc. as prescribed in sections (1) through (3) shall be prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 6825, Dec. 26, 2002] Article 21 (Delegation and Entrustment of Authority) (1) The Minister or the Minister of Land, Transport and Maritime Affairs may delegate part of his/her authority under this Act to the heads of the subsidiary agencies of the Ministry of Environment, Ministry of Land, Transport and Maritime Affairs, the Mayor/Do governor, or the head of the city/Gun/Gu, as provided by Presidential Decree. (2) The Minister or the Minister of Land, Transport and Maritime Affairs may entrust part of his/her authority or affairs under this Act to the heads of the relevant central administrative agencies or specialized institutions, as provided by Presidential Decree.

Article 22 (Report and Inspection, etc.)

(1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor may order the executor of the project which damages, conserves or manages the wetlands to make necessary reports or to submit data concerning the possession, transaction, use, or damage, etc. of the wetlands, and have public officials under his/her authority inspect thereof. (2) The public official performing the investigation pursuant to the provisions of section (1) shall produce the voucher indicating his/her authority to the related persons. (3) Matters necessary for the report, investigation, and voucher, etc. as prescribed in sections (1) and (2) shall be prescribed by the Joint Ordinance. Article 22-2 (Government Subsidy)

The State may subsidize the local governments or other organizations executing the projects for conservation of wetlands such as installation of facilities for conservation and use of wetlands for the whole or part of expenses required for such projects within the limit of the budget.

[This Article Newly Inserted by Act No. 6825, Dec. 26, 2002] Article 22-3 (Honorary Guide for Wetland Ecology) (1) The Minister, the Minister of Land, Transport and Maritime Affairs, or the heads of local governments may, in the event that it is deemed necessary for the protective activities, etc. of wetlands, commission honorary guides for wetland ecology.

(2) For the honorary guides of wetland ecology, the certificate verifying their status shall be issued as provided by the Joint Ordinance.

(3) Matters necessary for the method of commission and scope of activities, etc. of the honorary guides for wetland ecology shall be prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 6825, Dec. 26, 2002] CHAPTER IV PENAL PROVISIONS

Article 23 (Penal Provisions)

Any person who has reclaimed the wetlands designated and publicly announced as the wetland protection area pursuant to the provisions of Article 8, without a license as prescribed in the Public Waters Reclamation Act shall be punished by imprisonment not exceeding three years or by a fine not exceeding twenty million won.

Article 24 (Penal Provisions)

Any person who applies to one of the following subsections shall be punished by imprisonment not exceeding two years or by a fine not exceeding ten million won:

1. Any person who has violated the provisions under Article 13 (1) or (2) (excluding persons who apply to the provisions of Article 23);

2. Any person who has executed reclamation projects or public waters reclamation project without obtaining the approval as prescribed in Article 13 (3), or has performed harmful activities; and

3. Any person who has violated the order of suspension, restoration to the original state, or measures as prescribed in Article 14.

Article 25 Article 26 (Joint Penal Provisions)

Where a representative of a juristic person or an agent, servant, or any other employee of a juristic person or individual has committed an offense applicable to Articles 23 through 25 in connection with the affairs of the juristic person or individual, the juristic person or individual shall be imposed a fine prescribed by each relevant Article, in addition to the punishment of the offender.

Article 27 (Fine for Negligence)

(1) A person who applies to any of the following subsections shall be punished by a fine for negligence not exceeding two million won:

1. A person who has had access to an area for which any access was restricted or prohibited in violation of the provisions of Article 15;

2. A person who has made a report as prescribed in Article 22 (1) falsely or has submitted false data; and

3. A person who has refused, interfered, or evaded the investigation activity without justifiable reasons in violation of Article 7 (4). (2) The fine for negligence as prescribed in section (1) shall be imposed and collected by the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor (hereinafter referred to as the "imposing person") as provided by Presidential Decree. (3) Any person who is dissatisfied with the disposition of a fine for negligence pursuant to section (1) may raise an objection to the imposing person within 30 days from receipt of notification of such disposition.

(4) In the case where a person who has been subjected to a disposition of a fine for negligence as prescribed in section (1) has raised an objection according to section (3), the imposing person shall inform such fact to the competent court without delay, and the informed court shall conduct a trial on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. (5) In the case where neither any objection has been raised within the specified period as prescribed in section (3) nor has the relevant person paid the fine for negligence, such fine for negligence shall be collected according to the examples of a disposition on default national or local taxes.

ADDENDUM

This Act shall enter into effect three months after the date of its promulgation.