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ACT ON MARINE SPATIAL PLANNING AND MANAGEMENT

Act No. 15607, Apr. 17, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote public welfare and establish a prosperous environment for the ocean by prescribing matters necessary for formulating, implementing, etc. of a plan for the sustainable use, development and conservation of marine space.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “marine space” means the inland waters and territorial sea prescribed in the Territorial Sea and Contiguous Zone Act, the exclusive economic zone and continental shelf prescribed in the Act on the Exclusive Economic Zone and Continental Shelf, and the space from the coastline referred to in Article 6 (1) 4 of the Act on the Establishment and Management of Spatial Data to the area registered in the cadastral records;
2. The term “marine spatial plans” means marine spatial master plans formulated under Article 5 by the Minister of Oceans and Fisheries and marine spatial management plans formulated under Article 7 by the Minister of Oceans and Fisheries, a Metropolitan City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to comprehensively manage marine activities of humans and marine resources;
3. The term “marine spatial data” means location information of natural or artificial objects in marine space and spatial recognition related thereto, and information necessary for decision-making, such as determining the authority for or regulations on use of the ocean;
4. The term “marine resources” means marine fishery resources defined in subparagraph 2 of Article 3 of the Framework Act on Marine Fishery Development;
5. The term “marine use zone” means a zone designated pursuant to Article 12 (1) to reasonably distribute and manage the activities for using, developing and conserving marine space;
6. The term “evaluation of marine spatial characteristics” means evaluation necessary to induce and determine the direction of sustainable use, development and conservation of marine space.
 Article 3 (Basic Principles)
Marine space shall be managed and used according to the following basic principles:
1. To use, develop and conserve marine space from a comprehensive and future-oriented perspective so as to ensure the coexistence of ecological, cultural and economic values;
2. To give priority to public demand, such as national defense safety and maritime traffic safety;
3. To ensure the participation of the public in policies for marine spatial management and sound use of marine space;
4. To promote international cooperation and inter-Korean cooperation to realize the integrated management of marine space.
 Article 4 (Duties of the State)
(1) The State and local governments shall formulate policies necessary for the sustainable use, development and conservation of marine space.
(2) The State and local governments shall disclose information on the formulation, etc. of marine spatial plans and pursue appropriate means for ensuring public participation.
(3) The public shall proactively cooperate with policies of the State and local governments prescribed in paragraph (1).
CHAPTER II FORMULATION OF MARINE SPATIAL PLANS
 Article 5 (Formulation of Marine Spatial Master Plans)
(1) The Minister of Oceans and Fisheries shall formulate a master plan on marine space (hereinafter referred to as “master plan”) including the following matters, every 10 years after undergoing deliberation by the Maritime Affairs and Fisheries Development Committee prescribed in Article 7 of the Framework Act on Marine Fishery Development:
1. Basic direction-setting for policies on marine space;
2. Direction-setting for marine spatial management planning;
3. Matters concerning collection, management and utilization of marine spatial data;
4. Matters concerning evaluation of marine spatial characteristics;
5. Matters concerning research and development and international cooperation necessary for marine spatial management;
6. Other matters prescribed by Presidential Decree.
(2) Where the Minister of Oceans and Fisheries formulates a master plan, he or she shall hear opinions of Mayors/Do Governors and consult with the heads of the relevant central administrative agencies.
(3) Where the Minister of Oceans and Fisheries formulates a master plan, he or she may request the heads of the relevant administrative agencies and public institutions to submit necessary data. In such cases, the heads of the relevant administrative agencies and public institutions in receipt of such request shall comply therewith unless there is a compelling reason not to do so.
(4) The Minister of Oceans and Fisheries may review the appropriateness of a formulated and publicly notified master plan every five years and amend such plan. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis.
 Article 6 (Public Notice of Master Plan)
(1) Where the Minister of Oceans and Fisheries formulates or amends a master plan, he or she shall publicly notify the plan in the Official Gazette without delay and notify it to the heads of the relevant central administrative agencies and Mayors/Do Governors.
(2) The Mayors/Do Governors (excluding the Special Self-Governing Province Governor) notified under paragraph (1) shall, without delay, have the heads of Sis/Guns/Gus permit public perusal of the master plan: Provided, That the Special Self-Governing Province Governor notified under paragraph (1) shall directly permit public perusal of the master plan.
(3) Matters necessary for public notice, notification, and perusal under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 7 (Formulation of Marine Spatial Management Plans)
(1) The Minister of Oceans and Fisheries and Mayors/Do Governors shall formulate a marine spatial management plan (hereinafter referred to as “management plan”) according to the following classification:
1. The exclusive economic zone, continental shelf, and other marine space prescribed by Presidential Decree: The Minister of Oceans and Fisheries;
2. Marine space excluding space prescribed in subparagraph 1: Mayors/Do Governors.
(2) Notwithstanding paragraph (1), the relevant Mayors/Do Governors may jointly formulate a management plan through consultation with respect to an area where it is deemed necessary to formulate a management plan covering at least two Cities/Dos: Provided, That where a request is made by the relevant Mayors/Do Governors or consultation is not undertaken, the Minister of Oceans and Fisheries may directly formulate a management plan.
(3) The Minister of Oceans and Fisheries and Mayors/Do Governors shall include the following matters when formulating a management plan:
1. The sea areas subject to planning;
2. The policy direction-setting for managing sea areas under jurisdiction;
3. The characteristics and status of marine space;
4. Matters concerning conservation of marine space, and the demand for use or development of marine space;
5. Matters concerning the spatial structure of sea areas under jurisdiction, and functional allocation therein;
6. Matters concerning designation and management of marine use zones;
7. Other matters prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries may prepare guidelines necessary to systematically formulate a management plan (hereinafter referred to as “guidelines for formulating management plans”) and notify such guidelines to Mayors/Do Governors.
(5) Where the Minister of Oceans and Fisheries formulates a management plan, he or she shall hear opinions of Mayors/Do Governors, consult with the heads of the relevant administrative agencies, and undergo deliberation by the Maritime Affairs and Fisheries Development Committee prescribed in Article 7 of the Framework Act on Marine Fishery Development, as prescribed by Presidential Decree: Provided, That where a management plan is formulated pursuant to the proviso of paragraph (2), a public hearing under paragraph (6) shall be held.
(6) Where a Mayor/Do Governor formulates a management plan, he or she shall hold a public hearing in advance to hear opinions of local residents, consult with the heads of the relevant administrative agencies, and obtain approval from the Minister of Oceans and Fisheries after undergoing deliberation by a regional committee on marine spatial management referred to in Article 9. In such cases, the Minister of Oceans and Fisheries shall undergo deliberation by the Maritime Affairs and Fisheries Development Committee referred to in Article 7 of the Framework Act on Marine Fishery Development.
(7) Where deemed necessary regarding a management plan formulated and publicly notified, the Minister of Oceans and Fisheries and Mayors/Do Governors may review the appropriateness of such plan and amend it. In such cases, paragraphs (1) through (6) shall apply mutatis mutandis: Provided, That this shall not apply when amending minor matters prescribed by Presidential Decree.
 Article 8 (Public Notice of Management Plans)
(1) Where the Minister of Oceans and Fisheries formulates or amends a management plan pursuant to Article 7 (1) or (7), he or she shall publicly notify such plan in the Official Gazette without delay, notify it to the heads of the relevant administrative agencies, and make it available for public perusal.
(2) Where a Mayor/Do Governor formulates or amends a management plan pursuant to Article 7 (1) or (7), he or she shall publicly notify such plan in the official report without delay and notify it to the heads of the relevant administrative agencies. In such cases, the relevant Mayor/Do Governor (excluding the Special Self-Governing Province Governor) shall notify the formulation or amendment of the management plan to the heads of Sis/Guns/Gus without delay.
(3) The heads of Sis/Guns/Gus notified under the latter part of paragraph (2) shall make the management plan available for public perusal without delay: Provided, That the Special Self-Governing Province Governor shall directly permit public perusal of the management plan.
(4) The Minister of Oceans and Fisheries may subsidize necessary expenses incurred in formulating and implementing the management plans within the budget.
 Article 9 (Regional Committees on Marine Spatial Management)
(1) A regional committee on marine spatial management (hereinafter referred to as "regional committee") shall be established under the jurisdiction of a Mayor/Do Governor to deliberate on formulating and amending a management plan formulated by a Mayor/Do Governor and other important matters pertaining to managing marine space.
(2) Matters necessary for the function, composition, operation, etc. of regional committees under paragraph (1) shall be prescribed by ordinance of the relevant local government, within the scope prescribed by Presidential Decree.
 Article 10 (Relationship to Other Plans)
(1) A marine spatial plan shall be formulated and amended in connection with the following:
1. Basic plans for reclamation of public water prescribed in Article 22 of the Public Waters Management and Reclamation Act;
2. Urban or Gun master plans prescribed in Articles 22 and 22-2 of the National Land Planning and Utilization Act and urban or Gun management plans prescribed in Articles 30 of the same Act;
3. Comprehensive management plans for uninhabited islands prescribed in Article 6 of the Act on the Conservation and Management of Uninhabited Islands;
4. Master plans for the management of fishery resources prescribed in Article 7 of the Fishery Resources Management Act;
5. Master plans for wetland conservation prescribed in Article 5 of the Wetlands Conservation Act;
6. Master plans for managing fishing grounds prescribed in Article 3 of the Fishing Ground Management Act;
7. Basic park planning prescribed in Article 11 of the Natural Parks Act;
8. Basic plans on the conservation and management of maritime ecosystems referred to in Article 9 of the Conservation and Management of Marine Ecosystems Act;
9. Comprehensive plans for the marine environment referred to in Article 10 of the Act on Conservation and Utilization of the Marine Environment;
10. Comprehensive national environment plans referred to in Article 14 of the Framework Act on Environmental Policy, and mid-term comprehensive plans for environmental preservation referred to in Article 17 of the same Act.
(2) Where necessary for conservation of the marine environment and sustainable development of marine space, the Minister of Oceans and Fisheries may request amendments to plans formulated under other statutes or regulations or changes of areas, districts, zones, etc. designated under other statutes or regulations.
 Article 11 (Compliance with Marine Spatial Plans)
(1) Where the heads of the relevant administrative agencies intend to conduct any act related to use, development and conservation in marine space, he or she shall do so in compliance with a marine spatial plan.
(2) A marine spatial plan shall serve as a basis of plans for using, developing and conserving marine space to be formulated under other statutes.
CHAPTER III DESIGNATION AND MANAGEMENT OF MARINE USE ZONES
 Article 12 (Designation of Marine Use Zones)
(1) The Minister of Oceans and Fisheries and Mayors/Do Governors may designate or amend marine use zones according to the following classification, in consideration of the guidelines for formulating management plans referred to in Article 7 (4), the results of the evaluation of marine spatial characteristics referred to in Article 13, etc.:
1. Fishery activity protection zones: Zones necessary for the protection and promotion of fishery activities, such as licensed fishery and permitted fishery, and for the sustainable production of fishery products;
2. Aggregate and mineral resource development zones: Zones necessary for the efficient and stable supply of aggregate and mineral resources from the sea;
3. Energy development zones: Zones necessary to develop and produce marine energy;
4. Marine tourism zones: Zones requiring maintenance and development of marine tourism functions;
5. Environment and ecosystem management zones: Zones requiring the conservation and management of the marine environment, ecosystem and landscape;
6. Research and education conservation zones: Zones necessary for marine fisheries research and education activities;
7. Port and navigation zones: Zones necessary for maintaining port functions, safe operation of ships, etc.;
8. Military action zones: Zones necessary to protect national defense and military activities;
9. Safety management zones: Zones necessary to protect marine installations and for marine safety.
(2) Where different uses among the uses prescribed in the subparagraphs of paragraph (1) overlap within a certain marine use zone, the Minister of Oceans and Fisheries and the relevant Mayors/Do Governors shall determine the priorities of management in consideration of the natural environment, the socioeconomic conditions, the use and conservation status of its neighboring sea areas, etc.
 Article 13 (Evaluation of Marine Spatial Characteristics)
(1) To designate or change any marine use zone referred to in Article 12 (1), the Minister of Oceans and Fisheries and Mayors/Do Governors shall evaluate marine spatial characteristics with respect to the natural characteristics, location, availability, etc. of marine spaces: Provided, That this shall not apply when changing minor matters prescribed by Presidential Decree.
(2) Matters necessary for the details, procedures, etc. of the evaluation of marine spatial characteristics under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 14 (Management of Marine Use Zones)
(1) The Minister of Oceans and Fisheries may determine and publicly notify guidelines for efficiently managing marine use zones designated under Article 12 (hereinafter referred to as "guidelines for managing marine use zones"). In such cases, the Minister of Oceans and Fisheries shall hear opinions of the heads of the relevant administrative agencies in advance.
(2) Matters necessary for the details, public notice, etc. of the guidelines for managing marine use zones shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Consultation on Suitability of Marine Space)
(1) Where the head of a central administrative agency or the head of a local government intends to approve, formulate, or amend any of the following marine space use and development plans, or to designate or change any district, zone, etc. in marine space, he or she shall, in advance, have consultation with the Minister of Oceans and Fisheries or obtain approval from the Minister of Oceans and Fisheries (hereinafter referred to as "consultation, etc. on marine space suitability"), as prescribed by Presidential Decree:
1. Plans for developing a marine tourism complex;
2. Plans for extracting oil (including natural pitch and flammable natural gas) in marine space;
3. Plans for extracting minerals, aggregate, etc. in marine space;
4. Plans for developing ports and fishery harbors;
5. Plans for developing water resources in marine space;
6. Plans for developing marine energy;
7. Plans for developing fishing grounds;
8. Other plans for using and developing marine resources.
(2) The plans and the types of districts, zones, etc. subject to consultation, etc. on marine space suitability under paragraph (1) and the timing for consultation shall be prescribed by Presidential Decree.
 Article 16 (Procedures for Consultation)
(1) Where the head of a central administrative agency or the head of a local government requests consultation, etc. on marine space suitability with the Minister of Oceans and Fisheries pursuant to Article 15 (1), he or she shall submit the results of reviewing the suitability of the marine space prescribed by Presidential Decree.
(2) Upon receipt of a request for consultation, etc. on marine space suitability under paragraph (1), the Minister of Oceans and Fisheries shall review the suitability of the marine space in consideration of the marine spatial plan referred to in Articles 5 and 7, the results of the evaluation of marine spatial characteristics referred to in Article 13, and the guidelines for managing marine use zones referred to in Article 14, and notify his or her opinions from the review as prescribed by Presidential Decree.
 Article 17 (Implementation of Consulted Matters)
(1) The head of the relevant central administrative agency and the head of the relevant local government shall take necessary measures to reflect the review opinions notified under Article 16 (2) in approving, formulating, or amending the relevant plan or in designating or changing districts, zone, etc.; and the plan for such measures and the results of taking such measures shall be notified to the Minister of Oceans and Fisheries.
(2) Where the head of the relevant central administrative agency or the head of the relevant local government has any special reason that makes it difficult to reflect the consulted matters in the relevant plan, he or she shall formulate the relevant plan or designate the relevant district, zone, etc. after consulting with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
CHAPTER IV MANAGEMENT OF MARINE SPATIAL DATA
 Article 18 (Collection and Investigation of Data)
(1) The Minister of Oceans and Fisheries or Mayors/Do Governors may collect the following marine spatial data necessary to formulate a marine spatial plan, to evaluate marine spatial characteristics, etc.:
1. Data and information produced and managed pursuant to the statutes or regulations under the jurisdiction of the Minister of Oceans and Fisheries;
2. Data and information produced and managed by public institutions upon entrustment by the State or local governments;
3. Data and information produced and managed by private organizations (including profit-making corporations) subsidized by the State or local governments for their relevant budget;
4. Other data and information prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries or Mayors/Do Governors may request the head of an institution or organization, or the head of a relevant central administrative agency producing and managing the relevant data and information pursuant to the subparagraphs of paragraph (1) to submit necessary data. In such cases, the head of the relevant institution, organization or central administrative agency shall comply with such request unless there is a compelling reason not to do so.
(3) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries or Mayors/Do Governors may, if deemed necessary, conduct an investigation or entrust it to a specialized institution prescribed by Ordinance of the Ministry of Oceans and Fisheries for additional evaluation of marine spatial characteristics.
 Article 19 (Establishment of Marine Spatial Data System)
(1) The Minister of Oceans and Fisheries may establish and operate a marine spatial data system for integrated management of marine spatial data necessary to formulate marine spatial plans, evaluate marine spatial characteristics, etc.
(2) Matters necessary for establishing and operating a marine spatial data system referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 20 (Designation of Specialized Institutions for Evaluating Marine Spatial Plans)
(1) The Minister of Oceans and Fisheries may designate a specialized institution to comprehensively manage marine spatial data and to efficiently perform duties related to marine spatial management; and the Minister of Oceans and Fisheries may subsidize expenses necessary for such specialized institution to perform its duties within the budget.
(2) Matters necessary for designating and operating specialized institutions shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 21 (Promotion of Research and Development Projects)
(1) The Government may conduct the following duties to efficiently perform research and technology development projects necessary for systematic management of marine space:
1. Matters concerning establishment, management and use of the integrated marine spatial system;
2. Matters concerning research and development, etc. of the evaluation of marine spatial characteristics, etc.;
3. Matters concerning systematic management of marine use zones;
4. Nurture and training of professional personnel in marine space;
5. International technological cooperation and exchange related to marine space.
(2) The Government may fully or partially subsidize expenses incurred in conducting the duties prescribed in the subparagraphs of paragraph (1) within the budget.
 Article 22 (Promotion of International Cooperation)
(1) The Minister of Oceans and Fisheries shall proactively participate in international cooperation with the relevant international organizations and other nations with respect to duties necessary to achieve the purpose of this Act.
(2) The Minister of Oceans and Fisheries shall endeavor to promote cooperation and exchange on marine spatial management between the two Koreas.
(3) The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred in promoting cooperative projects referred to in paragraphs (1) and (2) within the budget.
(4) Matters necessary for the subject, methods, etc. of international cooperation and inter-Korean cooperation referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Consultation on Suitability of Marine Space)
Articles 15 through 17 shall begin to apply to where it is intended to approve, formulate or amend any use and development plan prescribed in the subparagraphs of Article 15 (1) or to designate or change the designation of a district, zone, etc. after this Act enters into force.
Article 3 (Transitional Measures concerning Functional Areas for Coastal Sea)
(1) Any functional area for coastal sea designated under Article 19 of the previous Coast Management Act before a marine spatial management plan referred to in Article 7 is formulated shall be deemed designated as a marine use zone referred to in Article 12 (1) according to the following classification:
1. Fishery activity protection zones: Fishing port areas and fishing ground areas;
2. Aggregate and mineral resource development zones: Mineral resources areas;
3. Energy development zones: Industrial facility areas;
4. Marine tourism zones: Leisure and tourism areas, marine culture facility areas, and beach areas;
5. Environment and ecosystem management zones: Marine water quality management areas, marine environment restoration areas, fishery resources protection areas, marine ecosystem protection areas, scenery protection areas, park areas, marine cultural resource conservation areas, and disaster management areas;
6. Research and education conservation zones: Marine research areas;
7. Port and navigation zones: Port areas and courses;
8. Military action zones: Military facility areas.
(2) The priorities of management determined for an overlapped functional areas for coastal sea designated under Article 19 (2) of the previous Coast Management Act as at the time this Act enters into force shall be deemed the priorities of management determined for marine use zones prescribed in Article 12 (2).
Article 4 (Transitional Measures concerning Marine Use Zones)
(1) The following zones, etc. as at the time this Act enters into force shall be deemed designated as aggregate and mineral resource development zones referred to in Article 12 (1) 2:
1. Zones where the extraction rights referred to in subparagraph 2 of Article 9-2 of the Mining Industry Act are established;
2. Prospective areas for the extraction of aggregate referred to in Article 21-2 (1) of the Aggregate Extraction Act, and aggregate extraction complexes referred to in Article 34 (1) of the same Act;
3. Zones where the extraction rights referred to in Article 5 of the Submarine Mineral Resources Development Act are established.
(2) The following zones, etc. as at the time this Act enters into force shall be deemed designated as environment and ecosystem management zones referred to in Article 12 (1) 5:
1. Protected marine areas referred to in Article 25 (1) of the Conservation and Management of Marine Ecosystems Act;
2. Wetland protection areas referred to in Article 8 (1) of the Wetlands Conservation Act.
(3) The following zones, etc. as at the time this Act enters into force shall be deemed designated as port and navigation zones referred to in Article 12 (1) 7:
1. Harbor zones defined in subparagraph 4 of Article 2 of the Harbor Act;
2. Areas prearranged for constructing a new harbor referred to in Article 5 (1) of the New Harbor Construction Promotion Act;
3. Anchorages defined in subparagraph 7 of Article 2 of the Act on the Arrival and Departure of Ships, and sea lanes defined in subparagraph 11 of the same Article;
4. Specific sea areas for traffic safety referred to in Article 10 (1) of the Maritime Safety Act, sea routes referred to in Article 31 (1) of the same Act, and traffic separation zones referred to in Article 68 (1) of the same Act.
(4) Military base and installation protection zones defined in subparagraph 6 of Article 2 of the Protection of Military Bases and Installations Act as at the time this Act enters into force shall be deemed designated as military action zones referred to in Article 12 (1) 8.
Article 5 (Transitional Measures concerning Formulating Marine Spatial Management Plans)
Notwithstanding Article 7, marine spatial management plans formulated under Article 7 after this Act enters into force shall be formulated by the Minister of Oceans and Fisheries in consultation with Mayors/Do Governors.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
Where the previous Coast Management Act or any provision thereof is cited by other statutes or regulations as at the time this Act enters into force, if any provision corresponding thereto exists herein, this Act or the relevant provision of this Act shall be deemed cited in lieu of such previous provision.