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ACT ON THE SUSTAINABLE MANAGEMENT AND RESTORATION OF TIDAL FLATS (GAETBEOL) AND ADJACENT AREAS THEREOF

Act No. 16276, Jan. 15, 2019

Amended by Act No. 17063, Feb. 18, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to maintain tidal flats in a productive and healthy manner by prescribing matters necessary for the conservation, management, and restoration of tidal flats for the sustainable use of tidal flats and adjacent areas thereof.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "tidal flats" (gaetbeol) means flat areas formed naturally of mud, sand, gravel, etc., located from the boundaries between the land and the surface of water at high tide to boundaries between the land and the surface of water at low tide;
2. The term "adjacent areas" means the seashore (the space between the coastline and the land registered in the cadastral records as defined in the Article 6 (1) 4 of the Act on the Establishment, Management, etc. of Spatial Data) and the sea areas with depth of up to six meters based on Article 6 (1) 3 of the Act on the Establishment, Management, etc. of Spatial Data;
3. The term "tidal flat ecosystem" means a biological community and material system or functional system combined with the inorganic or organic environments surrounding such community in the tidal flats and their adjacent area (hereinafter referred to as "tidal flats, etc.");
4. The term "clean tidal flats" means tidal flats, etc. as designated by the Minister of Oceans and Fisheries under Article 14, for the health of the tidal flat ecosystems and the safe production of fisheries resources in the tidal flats, etc.;
5. The term "restoration of tidal flats" means restoring and enhancing tidal flats, etc. that have been damaged due to the impact of development project etc. to their original physical form and ecological function, with the aim of enhancing the biodiversity in the tidal flats;
6. The term "ecotourism on tidal flats" means nature-friendly tourism whereby the importance of tidal flats, etc. can be learned through experiencing the conservation and sustainable and effective use of marine assets, which takes place in areas with excellent tidal flat ecosystems or having beautiful tidal flats and surrounding landscape;
7. The term "ecological village around tidal flats" means a village that has excellent tidal flat ecosystems and beautiful scenery, has the capacity to conserve and use them in a sustainable manner, and has been designated as such by the Minister of Oceans and Fisheries or the head of a local government under Article 28;
8. The term "ecosystem services provided by tidal flats" means the benefits from tidal flats, etc., contributing to the survival of organisms including humans, such as fisheries resources production, pollutants purification, carbon sequestration, disaster prevention, and cultural benefits including ecotourism and nature-based recreation.
 Article 3 (Relationship with Other Acts)
Unless provided otherwise in other statutes, the management and utilization of tidal flats, etc. shall be governed by this Act.
 Article 4 (Principles of Management and Utilization of Tidal Flats, etc.)
The following principles shall apply when managing and utilizing tidal flats, etc.:
1. As marine assets shared by all citizens, tidal flats, etc. shall be conserved and managed for the public interest in a sustainable manner;
2. Tidal flats, etc. shall be utilized in balance and harmony with the conservation and management of tidal flat ecosystems;
3. Ecologically important organisms on and in tidal flats shall be protected and biodiversity of the tidal flats, etc. shall be conserved;
4. The citizens shall be provided with more opportunities to participate in the management of tidal flats, etc., and to use the tidal flat ecosystems in a healthy and safe way;
5. When utilizing or developing the tidal flats, etc., the ecological balance shall not be destroyed; nor shall their values be degraded. In the event where the tidal flat ecosystems and scenic views are destroyed, damaged, or infringed, efforts shall be made for restoration;
6. International cooperation shall be promoted for the conservation and sustainable utilization of the tidal flats, etc.
 Article 5 (Obligations of State)
(1) The State or local governments shall establish and implement measures necessary for the management and utilization of tidal flats, etc.
(2) Anyone who utilizes tidal flats, etc. shall observe the following:
1. To give the foremost consideration to the impact on the tidal flat ecosystems and tidal flat biodiversity;
2. To take necessary measures in respect of the damage to the tidal flat ecosystems caused by utilization of tidal flats, etc., which may include voluntary restoration;
3. To participate in and cooperate on the measures to conserve tidal flats, etc. taken by the State and local governments under paragraph (1).
(3) All citizens shall make efforts to protect the tidal flat ecosystems, including actively cooperating on the measures of the State or a local government for the management and utilization of the tidal flats, etc.
(4) Anyone who intends to utilize tidal flats, etc. shall take necessary measures so as not to damage the tidal flat ecosystems.
 Article 6 (Promoting Awareness on Tidal Flats)
(1) The State and local governments shall establish and implement measures necessary for providing opportunities for all citizens to participate in activities involving tidal flats and to improve knowledge and understanding of tidal flats, etc.
(2) The State and local governments may support the activities of private organizations and agencies related to conservation and utilization of tidal flats, etc. such as ecotourism on tidal flats or environmental education.
CHAPTER II ESTABLISHMENT OF MASTER PLAN ON MANAGEMENT AND RESTORATION OF TIDAL FLATS
 Article 7 (Establishment of Master Plan on Management and Restoration of Tidal Flats, etc.)
(1) The Minister of Oceans and Fisheries shall establish a master plan on management and restoration of tidal flats, etc. (hereinafter referred to as "master plan") every five years, so as to manage the tidal flats, etc. in a comprehensive and systematic manner.
(2) In formulating the master plan, the Minister of Oceans and Fisheries shall have the master plan deliberated upon by the Marine Fishery Development Committee (hereinafter referred to as "Committee") under Article 7 of the Framework Act on Marine Fishery Development, after consulting with the head of a relevant central administrative agency, Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(3) The master plan shall include the following:
1. The current status of the tidal flat ecosystems;
2. The current status of how tidal flats, etc. are being used, including tidal flat fishing activities and fishing grounds;
3. Matters concerning the ecosystem services provided by tidal flats;
4. Basic principles and implementation directions for the management and utilization of tidal flats, etc.;
5. Matters concerning protection of habitats of tidal flat organisms;
6. Matters concerning designation and management of the tidal flat management areas;
7. Plans for revitalizing tidal flat fishing activities, etc.;
8. Goals and implementation directions of the restoration of tidal flats;
9. Phased restoration plans of tidal flats, etc. damaged by development projects;
10. Annual action plans of the project for restoration of tidal flats;
11. Matters concerning research and development of technologies for the management and utilization of tidal flats, etc.;
12. Education, publicity, and promoting cooperation with the private sector, with regard to the management and utilization of tidal flats, etc.;
13. International cooperation on the management and utilization of tidal flats, etc.;
14. Other matters concerning the management and utilization of tidal flats, etc. as prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries may request the head of a relevant central administrative agency and the Mayor/Do Governor to submit data necessary for establishing the master plan.
(5) Upon establishing the master plan, the Minister of Oceans and Fisheries shall notify the head of a relevant central administrative agency and the Mayor/Do Governor and shall issue a public notification.
(6) The Minister of Oceans and Fisheries may modify the master plan, when it is deemed necessary to respond to the changes in natural or social conditions. In such cases, the Minister shall consult with the head of a relevant central administrative agency and the Mayor/Do Governor in advance.
(7) When the master plan is modified under paragraph (6), Articles 2 through 5 shall apply mutatis mutandis: Provided, That the same shall not apply to any modifications to minor matters as prescribed by Presidential Decree.
 Article 8 (Tidal Flat Survey)
(1) The Minister of Oceans and Fisheries may survey each of the following for the tidal flats, etc. and also measure the levels and evaluate the value of the ecosystem services provided by tidal flats, every five years:
1. Size;
2. Current status of fishing activities and how fishing grounds are being used;
3. Current status of source of pollution and sedimentation;
4. Current status of tidal flat biodiversity;
5. Current status of the areas where the tidal flats are to be restored;
6. Other matters as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) The Minister of Oceans and Fisheries, Mayor/Do Governor, or the head of a Si/Gun/Gu (head of a Gu refers to the head of an autonomous Gu: hereinafter the same shall apply) may conduct surveys whenever deemed necessary for the designation of tidal flat management areas, selection of areas where the tidal flats are to be restored, etc.
(3) The results of the tidal flat survey shall be digitalized to the marine ecosystem information system under Article 7 (1) of the Conservation and Management of Marine Ecosystems Act.
(4) The Minister of Oceans and Fisheries may grade tidal flats and manage them accordingly, based on the results of the survey and evaluation under paragraphs (1) and (2).
(5) The standards for the grading and management of tidal flats under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 9 (Measures for Biodiversity Conservation on and in Tidal Flats)
(1) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall take the following measures to conserve the biodiversity of tidal flats, etc.:
1. Prevention of inflow of pollutants to tidal flats, etc. and collection and treatment of waste;
2. Survey and removal of organisms disturbing marine ecosystems and harmful marine organisms under Article 2 of the Conservation and Management of Marine Ecosystems Act;
3. Nurturing and management of biological resources in tidal flats, etc.;
4. Survey and removal of facilities such as fishing gear that are abandoned on tidal flats, etc.;
5. Other measures necessary with regard to the tidal flat biodiversity as specified by Ordinance of the Ministry of Oceans and Fisheries.
(2) The Minister of Oceans and Fisheries may survey the source of pollution as prescribed by Ordinance of the Ministry of Oceans and Fisheries, where deemed especially necessary, under paragraph (1) 1, for the prevention of inflow of pollutants and collection and treatment of waste to tidal flats, etc. In such cases, the Minister of Oceans and Fisheries may request the head of a related central administrative agency to join in the survey of the source of pollution and the facilities that discharge pollutants.
(3) The Minister of Oceans and Fisheries may request the head of a related central administrative agency or the head of a Si/Gun/Gu to take measures necessary for prevention of inflow of pollutants to tidal flats, etc. and collection and treatment of waste under paragraph (1) 1 and survey and removal of organisms disturbing marine ecosystems and harmful marine organisms under paragraph (1) 2. In such cases, the head of a related central administrative agency or the head of a Si/Gun/Gu shall comply with such request, except in extenuating circumstances.
(4) Matters necessary for the procedure, methods, etc. regarding the measures for biodiversity conservation on and in tidal flats shall be determined by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER III DESIGNATION AND MANAGEMENT OF TIDAL FLAT MANAGEMENT AREA
 Article 10 (Designation of Tidal Flat Management Area)
(1) The Minister of Oceans and Fisheries may designate any of the following areas of tidal flats, etc. as a tidal flat management area (hereinafter referred to as "management area"):
1. Where the area has scenic views or ecosystems representative of Korean tidal flats;
2. Where the tidal flats need to be kept clean and healthy;
3. Other special cases designated for the sustainable utilization and conservation of tidal flats under Presidential Decree.
(2) The management area may be designated and managed as categorized in the following, based on the characteristics of the tidal flats, etc.:
1. Tidal flat conservation area: An Area that requires priority conservation and management due to having excellent tidal flat ecosystems and high tidal flat biodiversity;
2. Tidal flat safety management area: An area that requires priority safety measures to prevent any accidents, due to having high risk of safety accidents at the tidal flats, etc.;
3. Tidal flat rest area: An area that requires rest for the protection and recovery of the tidal flat ecosystems;
4. Tidal flat production area: An area that may take precedence for measures to increase production of biological resources, including release of fisheries seedlings and formulating breeding grounds;
5. Tidal flat experience area: An area where ecotourism on tidal flats can be operated or facilities for the tourist activity can be set up.
(3) When intending to designate or alter a management area, the Minister of Oceans and Fisheries shall formulate a written plan on designation containing the details listed below; listen to the opinions of the relevant local residents, interested persons, and the head of the competent local government; consult with the head of a relevant central administrative agency; and then have the plan deliberated upon by the Committee: Provided, That where the alteration is made to minor matters as prescribed by Presidential Decree, the foregoing shall not apply:
1. Grounds and purposes of the designation or alteration;
2. Current status and characteristics of the ecosystems of major tidal flats;
3. Current status of the zoning of the designated land and the adjacent land and how they are being used;
4. Current status of how the fishing rights, mining rights, etc. are being used;
5. Current status of areas regulated under statutes.
(4) The head of a Si/Gun/Gu may request the Minister of Oceans and Fisheries to designate a management area in areas under their jurisdiction. Should the requested area extend over jurisdictions of two or more heads of Si/Gun/Gu, the request shall be made in conjunction with the head of the competent metropolitan municipality.
(5) Upon receipt of a request for opinions or consultations under paragraph (1), the head of a local government or the head of a relevant central administrative agency shall present his or her opinions to the Minister of Oceans and Fisheries within 30 days after the date of the receipt of the request, unless there is a compelling reason not to do so.
(6) The Minister of Oceans and Fisheries may revoke the designation of a management area in any of the following cases:
1. Where it is unavoidable for military purposes or public interest as defined under Presidential Decree;
2. Where an area cannot be used as a management area, due to natural disasters or other causes;
3. Where an area cannot be managed as a management area, not being able to satisfy its original designation purposes, due to natural changes of environment, etc.;
4. Other matters prescribed by Presidential Decree.
(7) When designating, altering, or revoking a management area, the Minister of Oceans and Fisheries shall publish the details of the designation, alteration, or revocation in the official gazette, without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 11 (Establishment of Management Plan)
(1) The Minister of Oceans and Fisheries shall establish a management plan for each management area (hereinafter referred to as "management plan") for the designated management areas, under Article 10, every five years.
(2) Before establishing the management plan, the Minister of Oceans and Fisheries shall consult with the relevant head of a local government and the head of a related administrative agency, after hearing opinions of the local residents, relevant experts, etc.
(3) When altering the management plan, the Minister of Oceans and Fisheries shall apply provisions in paragraph (2) mutatis mutandis: Provided, That the same shall not apply to any alterations to minor matters as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) When a management plan has been established under paragraph (1) or altered under paragraph (3), the Minister of Oceans and Fisheries shall publicly announce the details thereof.
(5) Matters necessary for the establishment, alteration, etc. of a management plan shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 12 (Contents of Management Plan)
The management plan shall include the following:
1. Matters concerning the range of the tidal flats under management;
2. Matters concerning the management directions of the management area;
3. Matters necessary for the implementation of the management plan;
4. Matters concerning measures for biodiversity conservation on and in tidal flats under Article 9;
5. Other matters necessary for managing the management area as determined by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Tasks at Management Area)
(1) The Minister of Oceans and Fisheries may perform the following tasks for a systematic management of the management area:
1. Matters concerning the conservation and management of biodiversity in a tidal flat conservation area;
2. Matters concerning the prevention of safety accidents, including setting up entry signs and posts and life-saving facilities in a tidal flat safety management area;
3. Matters concerning the protection and recovery of ecosystems in a tidal flat rest area, including the signing of a contract on the management of marine biological diversity under Article 41 of the Conservation and Management of Marine Ecosystems Act;
4. Matters concerning increase of production of biological resources in a tidal flat production area, including release of fisheries seedlings and formulation of breeding grounds;
5. Matters concerning setting up experience facilities such as education and tourism facilities in a tidal flat experience area;
(2) Types, procedure, and methods of tasks under paragraph (1) shall be prescribed by Presidential Decree.
 Article 14 (Designation of Clean Tidal Flats)
(1) The head of a local government may request the Minister of Oceans and Fisheries to designate a clean tidal flat among tidal flat production areas under Article 10 (2) 4.
(2) The Minister of Oceans and Fisheries may designate the tidal flat production area requested under paragraph (1) as a clean tidal flat if the requested area satisfies the standards prescribed in paragraph (3).
(3) Necessary matters concerning the standards, surveys, procedures, markings, etc. for the designation of a clean tidal flat shall be prescribed by Presidential Decree.
 Article 15 (Preferential Purchase of Fishery Products from Clean Tidal Flats)
(1) For the purpose of promoting preferential purchase of fishery products from the clean tidal flats designated under Article 14, the Minister of Oceans and Fisheries or the head of a local government may request a preferential purchase of such products from the following institutions or organizations:
1. The State or local governments;
2. Public institutions under Article 4 of the Act on Management of Public Institutions;
3. Local public enterprises under the Local Public Enterprises Act;
4. Fisheries industry-related organizations.
(2) The State or a local government may provide necessary support including financial support within budgetary limits, to the institutions and organizations that make the preferential purchase under paragraph (1) to promote consumption of biological resources produced in the clean tidal flats.
 Article 16 (Restriction of Conduct)
(1) No one shall commit any of the following acts in the management area: Provided, That where wetland protection areas designated under Article 8 of the Wetlands Conservation Act, park districts designated under Article 4 of the Natural Parks Act, or cultural heritage under Article 25 of the Cultural Heritage Protection Act (including protected facilities, protection zone, and historic and cultural environment conservation areas) are included in the management area, the Wetlands Conservation Act, the Natural Parks Act, or the Cultural Heritage Protection Act shall apply:
1. New construction or extension of a building or other artificial structures;
2. Altering the structures or bringing about an increase or decrease in the level or volume of the sea water in the management area;
3. Collecting soil, rock, or minerals in the management area.
(2) Paragraph (1) shall not apply in any of the following cases:
1. Where it is necessary for military purposes;
2. Where it is necessary to take emergency measures due to a natural disaster or any other force majeure circumstances prescribed by Presidential Decree;
3. Other cases specified by Presidential Decree including where the conduct is necessary for maintaining or improving the indigenous lifestyle of local residents living adjacent to the management area or where the conduct is necessary for maintaining the management of the fishery industry in practice;
4. Where the activities or related facilities are for the purpose of academic research and survey of tidal flats and are approved by the Minister of Oceans and Fisheries under Ordinance of the Ministry of Oceans and Fisheries as not impeding the conservation of the relevant management area;
5. Where it is to implement matters under Article 11 of the management plan, under a comprehensive fishing village development project or the fishery harbor development project under Article 2 of the Fishing Village and Fishery Harbors Act;
6. Where the Minister of Oceans and Fisheries performs a conduct or installs a facility prescribed by Presidential Decree to protect and manage the management area.
 Article 17 (Restriction of Entry)
(1) The Minister of Oceans and Fisheries may restrict the entry into the tidal flat management area under Article 10 (2) 2, and into the tidal flat rest area under subparagraph 3 of the same paragraph, for the prevention of safety accidents and recovery of tidal flat ecosystems, except in the following cases:
1. Entry for military purposes;
2. Entry for activities and relief for the prevention, emergency measures, recovery, etc. of natural disasters under subparagraph 2 of Article 2 of the Countermeasures against Natural Disasters Act;
3. Entry for the removal or survey of harmful marine organisms under subparagraph 13 of Article 2 of the Conservation and Management of Marine Ecosystems Act;
4. Entry for other activities prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), local residents may enter the tidal flat safety management area for their daily livelihood.
 Article 18 (Orders for Suspension)
The Minister of Oceans and Fisheries may order any person who commits a conduct in violation of Article 16 (1) in management areas to take measures as determined by Ordinance of the Ministry of Oceans and Fisheries, such as stopping such conduct and restoring the management areas.
CHAPTER IV PROJECT FOR RESTORATION OF TIDAL FLATS
 Article 19 (Basic Principles of Project for Restoration of Tidal Flats)
Anyone who intends to implement a project for restoration of tidal flats shall implement the project according to the following principles:
1. Promote health of tidal flat ecosystems and secure ecological connectivity between inland and coastal areas;
2. Reflect scientific monitoring results in the entire process of the restoration project;
3. Encourage participation of the interested parties from the stage of formulating a plan for the project;
4. Make endeavors to increase the income of local residents.
 Article 20 (Implementation of Project for Restoration of Tidal Flats)
(1) The Minister of Oceans and Fisheries may implement the project for restoration of tidal flats in any of the cases listed below: Provided, That as for the areas specified in paragraphs (2) and (3) that also fall under subparagraph 4, the Minister of Oceans and Fisheries may implement the project for restoration of tidal flats:
1. Protected marine areas designated and publicly notified by the Minister of Oceans and Fisheries under Article 25 of the Conservation and Management of Marine Ecosystems Act;
2. Wetland protection areas designated and publicly notified by the Minister of Oceans and Fisheries under Article 8 of the Wetlands Conservation Act;
3. Management areas designated and publicly notified by the Minister of Oceans and Fisheries under Article 10;
4. Projects the scale of which are equal to or greater than the one specified by Presidential Decree, projects which require sophisticated technology, or projects that need to be implemented across two or more Metropolitan Cities or Do.
(2) The Mayor/Do Governor may implement a project for restoration of tidal flats in any of the following cases:
1. City/Do protected marine areas designated and publicly notified by the Mayor/Do Governor under Article 36 of the Conservation and Management of Marine Ecosystems Act;
2. Wetland protection area designated and publicly notified by the Mayor/Do Governor under Article 8 of the Wetlands Conservation Act;
3. Projects that require implementation across two or more Si/Gun/Gu.
(3) The head of a Si/Gun/Gu may implement a project for restoration of tidal flats in areas other than the areas where the Minister of Oceans and Fisheries and the Mayor/Do Governor are implementing such projects under paragraphs (1) and (2).
(4) The Minister of Oceans and Fisheries shall consult the Mayor/Do Governor or the head of a Si/Gun/Gu before implementing a project for restoration of tidal flats under the proviso of paragraph (1), and the Mayor/Do Governor shall consult with the head of a Si/Gun/Gu before implementing a project for restoration of tidal flats under paragraph (2) 3.
(5) Where cultural heritage prescribed in Article 25 of the Cultural Heritage Protection Act (including protected facility and protection zone and historic and cultural environment conservation areas) is included in a project for restoration of tidal flats under paragraphs (1) through (4), matters shall be governed by the Cultural Heritage Protection Act.
 Article 21 (Formulation and Modification of Plan for Project for Restoration of Tidal Flats)
(1) When intending to implement the project for restoration of tidal flats under Article 20, the implementer shall formulate a plan for the project for restoration of tidal flats after consulting with the head of a related agency. Where it is the Mayor/Do Governor or the head of a Si/Gun/Gu who intends to carry out a project for restoration of tidal flats, he or she shall formulate a plan for the project for restoration of tidal flats and shall obtain approval from the Minister of Oceans and Fisheries.
(2) Where the plan for the project for restoration of tidal flats formulated under paragraph (1) is to be modified, the procedures prescribed in paragraph (1) shall apply mutatis mutandis: Provided, That the same shall not apply in any modifications to minor matters as prescribed by Presidential Decree.
(3) A plan for the project for restoration of tidal flats under paragraph (1) shall include the following:
1. Matters concerning the goal and scope of the restoration of tidal flats;
2. Matters concerning the natural, social, and economic environment, etc. of the target of recovery;
3. Matters concerning the methods, annual action plans, etc. of the restoration project;
4. Matters concerning the protection and increase of biodiversity in damaged tidal flat ecosystems;
5. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Matters necessary for the approval or approval for modification to the plan for the project for restoration of tidal flats under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 22 (Formulation and Modification of Implementation Plan for Project for Restoration of Tidal Flats)
(1) The implementer who formulated or obtained approval of the plan for the project for restoration of tidal flats under Article 21 (hereinafter referred to as "implementer") shall establish an implementation plan for the project for restoration of tidal flats (hereinafter referred to as "implementation plan") within the scope of the plan for the project for restoration of tidal flats as prescribed by Presidential Decree.
(2) When establishing an implementation plan, the implementer shall consult with the head of a related central administrative agency.
(3) Upon establishing an implementation plan, the implementer shall publish the plan in the official gazette without delay, and also notify the head of a related central administrative agency thereof.
(4) Where the implementer makes modifications to the implementation plan, paragraphs (2) and (3) shall apply mutatis mutandis: Provided, That the same shall not apply in any modifications in urgent circumstances or to minor matters as prescribed by Presidential Decree.
 Article 23 (Legal Fiction as Authorization and Permission)
(1) When the implementer has publicly notified an implementation plan under Article 22 (3) and (4), each of the following permission, authorization, decision, licence, consultation, consent, approval, report, cancellation, etc. (hereinafter referred to as "authorization, permission, etc." in this Article) shall be deemed granted; and the authorization, permission, etc. under each relevant Act shall be deemed publicly notified or announced:
1. Consent to building permission, etc. under Article 7 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-fighting Systems, report of installation of a fire-fighting system under Article 13 (1) of the Fire-fighting System Installation Business Act, and permission for construction of factories, etc. under Article 6 (1) of the Act on the Safety Control of Hazardous Substances;
2. Permission for use of agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
3. Permission to divert farmland under Article 34 of the Farmland Act;
4. Permission for lumbering standing trees, etc. in land for erosion control under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of the same Act;
5. Permission for and reporting on conversion of mountainous districts, permission for and reporting on temporary use of mountainous districts under Articles 14, 15, and 15-2 of the Mountainous Districts Management Act, permission for collecting earth and stone under Article 25 of the same Act, permission for and reporting on felling standing timber, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, permission for and reporting on activities in the forest conservation zone (excluding forest genetic resources protection zones) under Article 9 of the Forest Protection Act, and cancellation of designation of a forest conservation zone under Article 11 (1) 1 of the same Act;
6. Permission for altering the form and quality of land under Article 21-2 of the Grassland Act, and permission for, or reporting or consultations on, conversion of the use of grassland under Article 23 of the same Act;
7. Approval of commencement of a construction in the protected waters under Article 47 (2) of the Fisheries Resources Management Act;
8. Authorization of, or reporting on, plans for setting up electric installations for electric utility under Article 61 of the Electric Utility Act, and authorization of, or reporting on, plans for setting up electric installation for private use under Article 62 of the same Act;
9. Permission for development activities under Article 56 of the National Land Planning and Utilization Act, and designation of implementers of Si/Gun planning facility projects under Article 86 of the same Act, and authorization of implementation plans under Article 88 of the same Act;
10. Permission for installation of a facility or structure under Article 24 of the Sewerage Act;
11. Permission for road works by persons other than the road management authorities under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of the same Act, and consultation with, or approval from, the road management authorities under Article 107 of the same Act;
12. Building permit to build a private road or others under Article 4 of the Private Road Act;
13. Occupancy or use permit of public waters under Article 8 of the Act for Management and Reclamation of Public Waters, consultations on, or approval of, occupancy or use of public waters under Article 10 of the same Act, authorization or reporting of an implementation plan for occupancy or use of public waters under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation on or approval of reclamation by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
14. Permission for maintenance works of small rivers under Article 10 of the Small River Maintenance Act;
15. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
16. Reburial permission of graves under Article 27 (1) of the Act on Funeral Services, Etc.;
17. Consultation on permission, etc. by an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
18. Permission to occupy and use urban parks under Article 24 of the Act on Urban Parks, Green Areas, Etc.
(2) Where the implementer formulates or modifies an implementation plan that includes any of the above matters in paragraph (1), the implementer shall consult with the heads of related central administrative agencies in advance.
 Article 24 (Acquisition and Use of Land)
(1) The implementer may, if deemed necessary for implementing the project for restoration of tidal flats, acquire or use land, goods, and rights under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(2) Except as otherwise provided in paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the acquisition or utilization of land, goods and rights.
(3) When a public notification is made under Article 22 (3) or (4), a recognition and public notification of recognition of a project shall be deemed made under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; and a request for adjudication may be made during the implementation period of the project for restoration of tidal flats, notwithstanding Articles 23 (1) and 28 (1) of the same Act.
 Article 25 (Post-project Management for Restoration of Tidal Flats)
(1) The implementer shall conduct follow-up management regarding changes in the facilities or ecosystem of the areas where the project for restoration of tidal flats is implemented, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That a project for restoration of tidal flats implemented by the Minister of Oceans and Fisheries under Article 20 (1) or a project for restoration of tidal flats implemented by the Mayor/Do Governor under paragraph (2) 3 of the same Article shall be followed up by the head of a Si/Gun/Gu.
(2) The Minister of Oceans and Fisheries may inspect and evaluate the current status of follow-up management under paragraph (1).
(3) Matters necessary for the inspection and evaluation under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER V ECOTOURISM ON TIDAL FLATS
 Article 26 (Promotion of Ecotourism on Tidal Flats)
(1) The Minister of Oceans and Fisheries may support local governments, tourism business operators, local residents, or private organizations to develop ecotourism on tidal flats.
(2) The Minister of Oceans and Fisheries may cooperate with the Minister of Culture, Sports and Tourism and the heads of local governments to implement measures for conducting necessary education on ecotourism on tidal flats, survey and development of tourism resources, and sound utilization of tourism resources.
 Article 27 (Certification of Ecotourism on Tidal Flats)
(1) The Minister of Oceans and Fisheries, in consultation with the Minister of Culture, Sports and Tourism, may implement an ecotourism on tidal flats certificate system, to develop ecotourism on tidal flats, on tourism products, excursion programs and tourist facilities.
(2) Anyone who intends to get a certificate for ecotourism on tidal flats shall apply for a certification with the Minister of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries and the Minister of Culture, Sports and Tourism shall jointly establish and publicly notify certification standards for the ecotourism on tidal flats, including each of the following:
1. Certification standards and procedure;
2. Methods of utilizing the certification marks;
3. Certification validation period;
4. Fees.
(4) Tourism products, excursion programs and tourist facilities that have not received certification for the ecotourism on tidal flats under paragraph (1), shall not use the ecotourism on tidal flats certification mark or any other similar marks.
(5) The Minister of Oceans and Fisheries may provide necessary support to any one who has acquired the certification under paragraph (1), to promote the ecotourism on tidal flats.
 Article 28 (Designation of Ecological Village around Tidal Flats)
(1) The Minister of Oceans and Fisheries or the head of a local government may designate any of the following areas as an ecological village around tidal flats:
1. Areas adjacent to the management areas designated and publicly notified under Article 10;
2. Areas adjacent to a project for restoration of tidal flats under Article 20;
3. Areas adjacent to the protected marine areas or City/Do protected marine areas designated and publicly notified under Article 25 or Article 36 of the Conservation and Management of Marine Ecosystems Act;
4. Areas adjacent to the wetland protection areas designated and publicly notified under Article 8 of the Wetlands Conservation Act;
5. Areas recognized as a wetland city under the Convention on Wetlands of International Importance especially as Waterfowl Habitat.
(2) The Minister of Oceans and Fisheries or the head of a local government, when designating a ecological village around tidal flats under paragraph (1), shall first seek and implement installation of convenience facilities, including public facilities, etc. and measures for increasing income for the relevant local residents.
(3) The Minister of Oceans and Fisheries or the head of a local government may revoke or modify the designation of an ecological village around tidal flats under paragraph (1), when the ecological functions and scenic views of the marine ecology village are severely damaged by a natural disaster or other force majeure circumstances.
(4) The Minister of Oceans and Fisheries or the head of a local government shall hold a hearing if a designation is to be revoked or modified under paragraph (3).
(5) Matters necessary for the designation standards, procedure, revocation, and modification of an ecological village around tidal flats under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 29 (Eco-Guide on Tidal Flats)
(1) The Minister of Oceans and Fisheries or the head of a local government may recruit and utilize or have others utilize persons who have completed training courses given at training institutions under Article 30 (1), as Eco-Guides on Tidal Flats, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) The Eco-Guide on Tidal Flats shall perform the following work in a professional manner for the people who experience or utilize tidal flats, etc. to enhance awareness on tidal flat conservation:
1. Explaining the tidal flat ecosystems;
2. Engaging in education and publicity for tidal flats;
3. Providing a guide to ecological excursions;
4. Other matters necessary to enhance awareness on tidal flat conservation.
(3) The Eco-Guide on Tidal Flats shall cooperate on necessary measures for the conservation and management of tidal flats including providing guidance on any damaging acts to the tidal flats, etc. and notifying any such acts to the relevant agencies.
(4) Necessary matters concerning the management of the Eco-Guides on Tidal Flats shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 30 (Designation and Revocation of Training Institution for Eco-Guides on Tidal Flats)
(1) The Minister of Oceans and Fisheries may designate a training institution for the Eco-Guides on Tidal Flats (hereinafter referred to as "training institution") to nurture the Eco-Guides on Tidal Flats.
(2) The Minister of Oceans and Fisheries may revoke the designation of training institutions or order to suspend their business affairs for a fixed period not exceeding one year: Provided, That he or she shall revoke the designation in cases of subparagraph (1):
1. Where they are designated by fraud or other wrongful means;
2. Where they fail to meet the requirements for the designation of training institutions or they fail to operate in full compliance to the purpose of the designation.
(3) The Minister of Oceans and Fisheries shall hold a hearing if he or she is to revoke a designation under paragraph (2).
(4) Necessary matters concerning designation, revocation, and suspension of business affairs of training institutions under paragraph (1) and (2) shall be prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 31 (Research and Technology Development)
(1) The Minister of Oceans and Fisheries shall promote projects that fall under each of the following in an effort to promote research and development of technology related to the conservation and utilization of tidal flats, etc.:
1. Research and technology development of enhance biodiversity at tidal flats, etc.;
2. Research and technology development of extermination of invasive marine organisms for the enhancement of sustainable production capacity of tidal flats, etc.;
3. Research and technology development for the recovery of tidal flat ecosystems;
4. Technology development through international exchange;
5. Other research and technology development necessary for conservation and utilization of tidal flats, etc.
(2) The Minister of Oceans and Fisheries may subsidize anyone who promotes businesses that fall under any of the cases in paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries shall utilize the research and technology development and their outcomes from the support under paragraph (2) for public interest purposes.
 Article 32 (International Cooperation)
The Minister of Oceans and Fisheries shall establish and implement necessary policies regarding exchange of information on tidal flat policies, exchange of human resource and technology on the tidal flat industry, participation in international organizations related to tidal flats, etc. to promote international cooperation on the management and restoration of tidal flats, etc.
 Article 33 (Entry into Land Owned by Other Persons)
(1) The Minister of Oceans and Fisheries or the head of a local government may order relevant public officials to enter land, a building, fishing grounds, etc. owned by other persons (hereinafter referred to as "land, etc.") or to change or remove trees, soil, stones or other obstacles, to perform affairs that fall under any of the following cases:
1. Tidal flat survey under Article 8;
2. Designation, modification, and revocation of a management area under Article 10;
3. Designation of clean tidal flats under Article 14;
4. Establishment and modification of the plan for the project for restoration of tidal flats under Article 21;
5. Establishment and modification of the implementation plan for the project for restoration of tidal flats under Article 22.
(2) No possessor, occupant or manager of land, etc. may obstruct the entrance or change to or removal of trees, soil, stones or other obstacles, under paragraph (1), without a good cause.
 Article 34 (Compensation for Loss)
(1) Anyone who suffers property loss under Articles 33 (1) may request compensation from the Minister of Oceans and Fisheries or the relevant head of a local government, as prescribed by Presidential Decree.
(2) Upon receipt of a request under the main clause of paragraph (1), the Minister of Oceans and Fisheries or the head of a local government shall determine the amount of compensation after consulting with an applicant within three months and notify the applicant of such amount.
(3) Where compensation under paragraph (1) is related with fishing activities, the compensation standards, payment methods, and other matters necessary for the compensation shall be governed by Article 81 of the Fisheries Act.
(4) Where a consensus is not reached under paragraph (2), in the case of land, the Minister of Oceans and Fisheries, the head of a local government or a requester may apply for adjudication with the competent Land Tribunal, as prescribed by Presidential Decree.
 Article 35 (Purchase of Land Following Consultation)
(1) The Minister of Oceans and Fisheries or the head of a local government may purchase the fishing right and mining right, land and objects attached to land in the tidal flats, etc., in consultation with their owners, where necessary for the utilization and management of tidal flats, etc. In the case of land, it can be exchanged with State-owned land or public land.
(2) Prices of land, etc. purchased under paragraph (1) shall be calculated mutatis mutandis under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) For the procedure, etc. for the exchange with State-owned land or public land, under paragraph (1), the provisions of the State Properties Act or Act of Management for Local Government’s Properties and Commodities shall be applied mutatis mutandis.
(4) The Minister of Oceans and Fisheries, may make partial purchases of the mining right in consultation with the Minister of Trade, Industry and Energy, for the acquisition of the mining right under paragraph (1), where deemed especially necessary, notwithstanding the Mining Industry Act.
 Article 36 (State Subsidies)
The State may subsidize all or part of the expenses for local governments or organizations which conduct the following projects associated with the conservation and utilization of the tidal flat ecosystems:
1. Awareness enhancement projects for tidal flats, etc. under Article 6;
2. Biodiversity conservation measures for tidal flats, etc. under Article 9;
3. Affairs in the management area under Article 13;
4. Projects for restoration of tidal flats under Article 20;
5. Ecotourism on tidal flats promotion projects under Article 26;
6. Projects for supporting management of the Eco-Guides on Tidal Flats and for operating the training institutions under Article 29 and Article 30;
7. International cooperation projects under Article 32.
 Article 37 (Entrustment or Delegation of Authority)
(1) Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the heads of institutions under the Ministry of Oceans and Fisheries, Mayors/Do Governors, or the heads of Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries, Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust some of his or her tasks under this Act to the relevant specialized institutions or organizations, as prescribed by Presidential Decree.
 Article 38 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers and employees of an institution or organization engaging in the business affairs entrusted under Article 37 (2) shall be deemed as public officials in applying Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
 Article 39 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment for not exceeding three years or by a fine not exceeding 30 million won:
1. Anyone who has violated restriction on acts in a management area under Article 16 (1);
2. Anyone who has violated a suspension or correction order under Article 18.
 Article 40 (Penalty Provisions)
Any person who obtains the designation for operation of the training institution for the Eco-Guides on Tidal Flats under Article 30 (2) 1 by fraudulent or other unlawful means shall be punished by imprisonment for not exceeding one year or by a fine not exceeding 10 million won.
 Article 41 (Joint Penalty Provisions)
Where a representative of a corporation, an agent or an employee of, or other persons employed by, a corporation or an individual commits any violations described in Article 39 or 40 in connection with the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
 Article 42 (Administrative Fine)
(1) Any person who falls under any of the following cases shall be punished by an administrative fine not exceeding two million won:
1. Anyone who violates the restriction on entry to a tidal flat safety management area or a tidal flat rest area under Article 17;
2. Anyone who obstructs the entrance or change to or removal of trees, soil, stones or other obstacles, under Article 33 (1), without a good cause.
(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries or the head of a local government, as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 17063, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.