Law Viewer

Back Home

SPECIAL ACT ON ENVIRONMENT-FRIENDLY CONSERVATION AND USE OF DAM ENVIRONS

Act No. 15674, jun. 13, 2019

Amended by Act No. 16902, Jan. 29, 2020

Act No. 17599, Dec. 8, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to a balanced regional development and sustainable national land development by systematically conserving and managing the natural environment of dams and their environs, such as their water quality and ecosystem, and by boosting the economy of dam environs.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
2. The term "dam management agency" means a person entrusted with managing a dam under Article 15 of the Act on Construction of Dams and Assistance to Their Environs;
3. The term "dam environs" means an area designated by Presidential Decree, among the environs of a dam subject to the Act on Construction of Dams and Assistance to Their Environs or the Act on Assistance to Electric Power Plants-Neighboring Areas (including the area economically and environmentally affected by the construction, operation, maintenance, etc. of a dam);
4. The term "plan for an environment-friendly use of a dam and its environs" means a plan formulated and finalized pursuant to Article 4 in order to conserve and manage the natural environment of a dam and its environs and to boost the economy of the dam environs;
5. The term "zone for an environment-friendly use of a dam and its environs" means an area designated and publicly notified under Article 7 to implement projects reflected in a plan for an environment-friendly use of a dam and its environs;
6. The term "project for an environment-friendly use of a dam and its environs" means any of the following projects implemented to conserve and manage the natural environment of a dam and its environs and boost the economy of the dam environs with the aim of sustainable development:
(a) Projects for enhancing the utility of a dam under subparagraph 2 of Article 18-2 of the Act on Construction of Dams and Assistance to Their Environs; projects for improving dam environs under Article 41 of the same Act, and projects for supporting dam environs under Article 43 of the same Act;
(b) Establishing and operating facilities for the conservation and use of the natural environment under Article 38 of the Natural Environment Conservation Act;
(c) Creating natural recreation forests under Article 14 of the Forestry Culture and Recreation Act; developing forest paths under Article 23 of the same Act, etc.;
(e) Projects for developing tourist destinations and tourism complexes under the Tourism Promotion Act;
(f) Assistance in the production, distribution and export of environment-friendly agricultural and fishery products, etc. under Article 16 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods.
 Article 3 (Relationship to Other Acts)
The special exceptions to the regulation under this Act, applicable to projects for an environment-friendly use of a dam and its environs (herein after referred to as "project for an environment-friendly use of a dam")"), shall take precedence over other statutes: Provided, That if any Actstatute has provisions more lenient than the special exceptions to the regulation under this Act, the more lenient provisions of such statute shall apply.
CHAPTER II FORMULATION OF PLANS FOR ENVIRONMENT-FRIENDLY USE OF DAMS AND THEIR ENVIRONS
 Article 4 (Formulation of Plan for Environment-Friendly Use of Dams and Their Environs)
(1) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head a Si or a Gun or an autonomous Gu (hereinafter referred to as "the head of a Si/Gun/Gu"), having jurisdiction over certain dam environs, or a dam management agency intends to implement a project pursuant to this Act as the implementer of a project for an environment-friendly use of a dam and its environs (hereinafter referred to as "project implementer"), he or she shall formulate a plan for an environment-friendly use of the dam and its environs (hereinafter referred to as "plan for an environment-friendly use of the dam") and shall obtain approval therefor from the Minister of Environment. <Amended on Dec. 8, 2020>
(2) The subject areas and standards for the area in formulating a plan for an environment-friendly use of a dam shall be prescribed by Presidential Decree: Provided, That the water-source protection zone under Article 7 of the Water Supply and Waterworks Installation Act shall be excluded from the areas subject to projects for an environment-friendly use of a dam. <Amended on Dec. 8, 2020>"
(3) A plan for an environment-friendly use of a dam shall include:
1. The name of the project for an environment-friendly use of a dam;
2. The area subject to the project for an environment-friendly use of a dam and its location and size;
3. Basic direction-setting and overview of the project for an environment-friendly use of a dam;
4. The name and address of the project implementer;
5. A plan to establish urban/Gun planning facilities, public facilities and infrastructure under the National Land Planning and Utilization Act;
6. A plan for environmental conservation;
7. A plan for landscaping and disaster prevention;
8. A plan to conserve and improve water quality;
9. A land use plan, a traffic management plan, and a park and green area plan;
10. A land use plan, a traffic management plan, and a park and green area plan;
11. A financing plan and annual investment plans;
12. Estimated profits and a plan for raising funds for maintenance and management;
13. Other matters specified by Presidential Decree to attain the purpose of this Act.
(4) When the Minister of Environment deems necessary for formulating a plan for an environment-friendly use of a dam, he or she may establish guidelines or standards, in consultation with the heads of relevant administrative agencies. <Amended on Dec. 8, 2020>
 Article 5 (Approval of Plans for Environment-Friendly Use of Dams)
(1) In order for the Minister of Environment to approve a plan for an environment-friendly use of a dam under Article 4, he or she shall hear residents' opinions and then consult with the heads of relevant central administrative agencies and the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree; and if a plan for an environment-friendly use of a dam includes a development project for which a master plan for reclamation of public waters shall be formulated or amended pursuant to Article 22 or 27 of the Public Waters Management and Reclamation Act, the Minister of Environment shall request the Minister of Oceans and Fisheries to ensure that such plan is reflected in the master plan for reclamation of public waters pursuant to Article 23 or 27 of the same Act. <Amended on Dec. 8, 2020>
(2) ) The Minister of Environment shall, when he/she approves a project plan pursuant to paragraph (1), request the Mayor/Do Governor or the head of a Si/Gun/Gu to make a decision on the city/Gun management plan under Article 30 of the National Land Planning and Utilization Act, and the Mayor/Do Governor or the head of a Si/Gun/Gu shall, upon receiving the request to make a decision on the urban management plan, make the decision within 60 days, subject to deliberation by the local urban planning committee under Article 113 of the aforesaid Act, and shall notify the Minister of Agriculture, Food and Rural Affairs of results thereof. <Amended on Dec. 8, 2020>
(3) When a plan for an environment-friendly use of a dam is approved under paragraph (1), the project implementer shall be deemed to be designated as an implementer or a project owner prescribed in any of the following subparagraphs:
1. The implementer of a project for enhancing the utility of a dam under subparagraph 2 of Article 18-2 of the Act on Construction of Dams and Assistance to Their Environs, a project for improving dam environs under Article 41 of the same Act or a project for supporting dam environs under Article 43 of the same Act;
2. The implementer of a project for establishing and operating facilities for the conservation and use of the natural environment under Article 38 of the Natural Environment Conservation Act;
3. The implementer of a project for creating a natural recreation forest under Article 14 of the Forestry Culture and Recreation Act or developing forest paths under Article 23 of the same Act;
4. The implementer of an assistance program under the Act on Assistance to Electric Power Plants-Neighboring Areas;
5. The implementer of a project for developing a tourist destination or tourism complex under the Tourism Promotion Act.
(4) Matters necessary for the approval of a plan for an environment-friendly use of a dam under paragraph (1) and the standards, procedures, etc. for the approval shall be prescribed by Presidential Decree.
 Article 6 (Amendment of Plans for Environment-Friendly Use of Dams)
In amending a plan for an environment-friendly use of a dam, the project implementer shall comply with Articles 4 and 5: Provided, That the same shall not apply to the minor matters specified by Presidential Decree.
 Article 7 (Designation of Zones for Environment-Friendly Use of Dams and Their Environs)
(1) Where the Minister of Environment has approved a plan for an environment-friendly use of a dam or an amendment to such plan under Article 5 or 6, he or she shall designate a zone for environment-friendly use of a dam and its environs (hereinafter referred to as "zone for an environment-friendly use of a dam") or amend the designation of such zone. <Amended on Dec. 8, 2020>
(2) Where a zone for an environment-friendly use of a dam designated under paragraph (1) falls under any of the following subparagraphs, the Minister of Environment may cancel its designation: Provided, That the designation must be cancelled in cases of subparagraph 3: <Amended on Dec. 8, 2020>
1. Where a project implementer fails to apply for approval of an implementation plan under Article 9 within three years from the date a plan for an environment-friendly use of a dam is approved;
2. Where a project implementer fails to commence a project for an environment-friendly use of a dam within three years from the date an implementation plan under Article 10 (1) is approved;
3. Where the approval of a plan for an environment-friendly use of a dam is revoked.
(3) When the Minister of Environment designates a zone for an environment-friendly use of a dam or amends the designation of such zone under paragraph (1) or cancels the designation of such zone under paragraph (2), he or she shall publicly notify the designation, amendment or cancellation in the Official Gazette, as prescribed by Presidential Decree. In such cases, seeking public opinions, publicly notifying topographic drawings and other activities shall be performed as prescribed in Article 8 of the Framework Act on the Regulation of Land Use. <Amended on Dec. 8, 2020>
 Article 8 (Restrictions on Acts)
(1) Any person who intends to conduct any of the activities specified by Presidential Decree, such as constructing a building, installing a structure, altering the form and quality of land, extracting soil, rock, gravel and sand, subdividing land, storing things, capturing or culturing of aquatic flora and fauna, and cultivating plants, in a zone for an environment-friendly use of a dam publicly notified under Article 7 shall obtain permission from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. The same shall apply to changing any permitted matters.
(2) Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to permit any activity or change of permitted matters under paragraph (1), he or she shall seek opinions from the Minister of Environment when the relevant activity falls under any such activities that are likely to cause a serious hindrance to a project for an environment-friendly use of a dam as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
(3) Notwithstanding paragraph (1), no permission is required for:
1. Activities for an emergency measure necessary for restoration or recovery from a disaster;
2. Other activities specified by Presidential Decree.
(4) Any person who already commenced construction works or a project in relation to an activity required to be permitted under paragraph (1) under relevant statutes or regulations and already permitted at the time the relevant zone for an environment-friendly use of a dam is designated and publicly notified or an activity not requiring permission under relevant statutes or regulations may continue to implement such works or project after filing a report to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree.
(5) A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who violated paragraph (1) to restore the area to its original state. In such cases, the Mayor/Do Governor or the head of the Si/Gun/Gu may execute works for the restoration vicariously pursuant to the Administrative Vicarious Execution Act, if the person who was so ordered fails to comply with the order.
(6) Except as provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the permission under paragraph (1).
(7) Permission obtained under paragraph (1) shall be deemed permission obtained under Article 56 of the National Land Planning and Utilization Act.
CHAPTER III IMPLEMENTATION PLANS FOR PROJECTS FOR ENVIRONMENT-FRIENDLY USE OF DAMS
 Article 9 (Formulation of Implementation Plans and Application for Approval)
(1) When a project implementer intends to implement a project for an environment-friendly use of a dam, he or she shall formulate an implementation plan for the project for an environment-friendly use of a dam (hereinafter referred to as "implementation plan") and shall apply for approval thereof to the Minister of Environment. <Amended on Dec. 8, 2020>
(2) An implementation plan shall be prepared by reflecting the content of the relevant plan for an environment-friendly use of the dam under Article 4 (3) (including amendments thereto, if any) therein and shall be accompanied by the documents specified by Presidential Decree.
 Article 10 (Approval of Implementation Plans)
(1) The Minister of Environment shall, upon receiving an application for approval of an implementation plan under Article 9, make a decision on whether to approve it and shall notify the decision thereof to the project implementor. <Amended on Dec. 8, 2020>
(2) The Minister of Environment shall, when he/she approves an implementation pursuant to paragraph (1), give public notice thereof through the Official Gazette, as prescribed by Presidential Decree, and forward a copy of each relevant document to the Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended on Dec. 8, 2020>
(3) Where a relevant document includes any matter relating to the determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu in receipt of copies of relevant documents under paragraph (2) shall take measures necessary for, among other purposes, publicly notifying topographic drawings under Article 32 of the same Act. In such cases, the project implementer shall send documents necessary for publicly notifying topographic drawings and other purposes to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
 Article 11 (Alteration of Action Plans)
In amending an implementation plan, a project implementer shall comply with Articles 9 and 10: Provided, That the same shall not apply to any of the minor matters specified by Presidential Decree.
 Article 12 (Environmental Impact Assessment)
If a plan subject to a strategic environmental impact assessment, an environmental impact assessment or a mini environmental impact assessment under the Environmental Impact Assessment Act (hereinafter referred to as "environmental impact assessment") is included in a plan or implementation plan for an environment-friendly use of a dam, consultations shall be held regarding, among other things, the environmental impact assessment under the Environmental Impact Assessment Act.
 Article 13 (Entry to Other Person's Land)
(1) If necessary to conduct an inspection or a land survey for preparing an implementation plan, etc. or to implement a project for an environment-friendly use of a dam, the project implementer may enter the land owned or possessed by another person, or may temporarily use the land owned or possessed by another person as a storage yard for materials or as a temporary passage or road; and may relocate or remove trees, earth, stone and other obstacles where especially necessary. In such cases, the owner or possessor of the land shall not interfere with or refuse such activities, without good cause.
(2) When a project implementer intends to enter another's land under paragraph (1), he or she shall give prior notice thereof to the owner or possessor of the land; and when he or she intends to temporarily use the land, or alter or remove obstacles, he or she shall obtain consent of the owner or possessor of the land: Provided, That if the project implementer is unable to obtain consent on account of the absence or unknown whereabouts of the owner or possessor of the land, etc., the project implementer who is an administrative agency shall notify the head of the relevant Si/Gun/Gu of such fact; whereas a project implementer who is not an administrative agency shall obtain permission from the relevant Si/Gun/Gu before entering the land.
(3) No person may enter any housing site or another's walled land without consent of the owner or possessor of the land before sunrise or after sunset.
(4) A person who intends to enter any land of a third party pursuant to paragraph (1) shall carry a document indicating his/her authority under Ordinance of the Ministry of Environment and present such document to interested persons. <Amended on Dec. 8, 2020>
(5) When a project implementer obtains approval of an implementation plan under Article 10, he or she may enter or temporarily use public waters on which it is planned to implement a project for an environment-friendly use of a dam. In such cases, the project implementer shall obtain consent of the persons who have a right to the public waters under other statutes such as the Fisheries Act and other Acts; and the persons who have such right shall neither interfere with, nor refuse the project implementer's entry onto or temporary use of the public waters, without good cause.
 Article 14 (Compensation for Losses Incurred by Entry to Land)
(1) Where any person has suffered a loss incurred by acts referred to in Article 13, the project implementer shall indemnify him/her for such loss.
(2) The compensation for a loss under paragraph (1) shall be settled by an agreement between the project implementer and the person who has sustained the loss.
(3) If a project implementer and a person who has sustained a loss fail to, or are unable to, reach an agreement under paragraph (2), either of them may file a petition for adjudication with the competent land tribunal regarding the land, things, etc. In such cases, a petition for adjudication may be filed during the period of implementation of the relevant project for an environment-friendly use of a dam, notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects.
(4) Notwithstanding paragraph (3), the compensation provisions stipulated in Articles 81 through 87 of the Fisheries Act shall apply to the rights to a licensed fishery business under Article 8 of the same Act, a permitted fishery business under Article 41 of the same Act or a reported fishery business under Article 47 of the same Act.
 Article 15 (Related Authorization and Permission Deemed Granted)
(1) Where the Minister of Environment approves an implementation plan or an amendment to an implementation plan under Article 10 or 11, the permission, authorization, decision, licensing, consultation, consent, approval, reporting or cancellation under the following Acts regarding the implementation plan (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, or obtained regarding the matters on which the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies pursuant to paragraph (3); and when an implementation plan is publicly notified pursuant to Article 10 (2), the public notification or public announcement of such authorization, permission, etc. under the following Acts shall be deemed given or made: <Amended on Jan. 29, 2020; Dec. 8, 2020>
1. Deliberation by the Construction Technology Deliberative Committee under Article 5 of the Construction Technology Promotion Act;
2. Deliberation by the competent building committee under Article 4 of the Building Act, a building permit under Article 11 of the aforesaid Act, a building report under Article 14 of the aforesaid Act, revision to permitted or reported matters under Article 16 of the aforesaid Act, a permit for, or report on, construction of a temporary building under Article 20 of the aforesaid Act, consultation about building works under Article 29 of the aforesaid Act;
3. Permits to extract aggregate under Article 22 of the Aggregate Extraction Act;
4. A permit to occupy or use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan for occupation or use prescribed in Article 10 of the same Act, a license to reclaim public waters prescribed in Article 17 of the same Act, consultation on or approval of reclamation prescribed in Article 28 of the same Act, or approval of a public water reclamation implementation plan prescribed in Article 38 of the same Act;
5. Approval of business plans pursuant to Article 15 of the Tourism Promotion Act, designation of tourist destinations and tourism complexes pursuant to Article 52 of the same Act, approval of development plans for tourist destinations and tourism complexes pursuant to Article 54 of the same Act and permission for implementation of development plans pursuant to Article 55 of the same Act;
6. Denial of permission under Article 21, 22, or 24 of the Mining Industry Act or the cancellation of mining rights under Article 35 of the aforesaid Act;
7. Permission to use any State property under Article 30 of the State Property Act;
8. A decision on an city/Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the aforesaid Act, designation of a project implementer for planned urban facilities under Article 86 of the aforesaid Act, or authorization for an implementation plan for planned city/Gun facilities under Article 88 of the aforesaid Act;
9. The permission for, or the consultation on, the diversion of farmland under Article 34 of the Farmland Act;
10. The consultation with the road management authority or the approval by the road management authority under Article 107 of the Road Act (limited to matters relating to the public notification of determination of a road route under Article 19 of the Road Act; the determination of a road zone under Article 25 of the same Act; the permission to implement road works by any person other than the road management authority under Article 36 of the same Act; the designation of a road clearance zone under Article 40 of the same Act; and the permission to occupy and use a road under Article 61 of the same Act) and the permission or consultation under Article 6 or 8 of the Toll Road Act;
11. The establishment or modification of an urban development project plan under Article 4 of the Urban Development Act, the hearing of opinions from residents and others under Article 7 of the aforesaid Act, the designation of a project implementer of an urban development project under Article 11 of the aforesaid Act, or authorization for an implementation plan for an urban development project under Article 17 of the aforesaid Act;
12. Permission to open a private road prescribed in Article 4 of the Private Road Act;
13. The permission for felling trees, collecting soil and stone, etc. under Article 14 of the Erosion Control Work Act and the cancellation of the designation of an erosion control area under Article 20 of the same Act;
14. Permission for, or a report on, cutting standing trees under Article 36 (1) or (4) of the Creation and Management of Forest Resources Act or permission for, a report on, activities inside a reserved forest (excluding a gene resources reserve forest) under Article 9 (1) or (2) 1 or 2 of the Forest Protection Act, or the cancellation of designation of a reserved forest under Article 11 (1) 1 of the aforesaid Act;
15. Permission for conversion of mountainous districts referred to in Article 14 of the Mountainous Districts Management Act, report on conversion of mountainous districts referred to in Article 15 of the said Act, and permission for or reporting on temporary use of mountainous districts referred to in Article 15-2 of said Act;
17. Permission for the implementation of a small river project under Article 10 of the Small River Maintenance Act or permission for the occupation and use of a small river under Article 14 of the aforesaid Act;
18. Authorization for a general waterworks project under Article 17 (1) of the Water Supply and Waterworks Installation Act, authorization for an industrial waterworks project under Article 49 of the aforesaid Act, authorization for the installation of an exclusive potable water supply system under Article 52 of the aforesaid Actor, or authorization for the installation of an exclusive industrial water supply system under Article 54 of the aforesaid Act;
19. Consultation about a plan for use of energy under Article 10 of the Energy Use Rationalization Act;
20. Approval of a project plan under Article 15 of the Housing Act;
21. The publication of maps, etc. by using the results, etc. of fundamental surveys under Article 15 of the Act on the Establishment, Management, etc. of Spatial Data and reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the same Act;
22. Consultation about the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
23. Approval for a business plan prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act;
24. Permission for the development of grassland under Article 5 of the Grassland Act, permission for a change of the form and quality of land under Article 21-2 of the aforesaid Act, or permission for the diversion of grassland under Article 23 of the aforesaid Act;
25. Permission for the implementation of a public sewerage project under Article 16 of the Sewerage Act or permission for the occupation and use of a public sewerage system under Article 24 of the aforesaid Act;
26. The consultation with the management authority or the approval by the management authority under Article 6 of the River Act (limited to matters relating to the permission to implement a river project under Article 30 of the same Act and the permission to occupy and use a river under Article 33 of the same Act);
27. Permission to execute a harbor development project under Article 9 (2) of the Harbor Act; or approval for an implementation plan for a harbor development project under Article 10 (2) of the same Act.
(2) A project implementer who desires to be entitled to the constructive authorization or permission shall submit relevant documents specified by relevant Acts and subordinate statutes together, when it files an application for approval of an implementation plan or a revision thereto.
(3) The Minister of Environment shall, when he/she intends to approve an implementation plan or a revision thereto pursuant to Article 10 or 11, consult in advance with heads of appropriate administrative agencies, if a matter falling under any subparagraph of paragraph (1) is included in the plan or revision. <Amended on Dec. 8, 2020>
(4) The head of an appropriate administrative agency shall, upon receiving a request for consultation from the Minister of Environment pursuant to paragraph (3), present his/her opinion thereon within 30 days from the date on which such request for consultation was received. <Amended on Dec. 8, 2020>
 Article 16 (Special Cases concerning the National Land Planning and Utilization Act)
(1) If additional conservation measures prescribed by Presidential Decree are established, where the land suitability assessment under Article 27 (3) of the National Land Planning and Utilization Act is necessary in formulating a plan for an environment-friendly use of a dam, different indicators and standards may be applied to such assessment.
(2) Notwithstanding Article 76 of the National Land Planning and Utilization Act, different restrictions, etc. on the construction of buildings in a control area may be established, as prescribed by Presidential Decree: Provided, That the special exception to restriction on the construction of buildings shall be applicable only where a plan for an environment-friendly use of a dam includes a measure of installing facilities for reducing water contamination.
 Article 17 (Completion Inspection)
(1) When a project implementer completes all or part of a project for an environment-friendly use of a dam, he or she shall undergo a completion inspection conducted by the Minister of Environment, as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
(2) When a project implementer has successfully passed the completion inspection under paragraph (1), it shall be deemed to have successfully passed the final inspection on the project or have received approval for completion of the project in regard to the authorization and permission specified in each subparagraph of Article 15 (1). In such cases the Minister of Environment shall consult with the head of each appropriate administrative agency in advance on the completion inspection. <Amended on Dec. 8, 2020>
(3) If necessary to efficiently implement a project for an environment-friendly use of a dam, a project implementer may apply for a completion inspection by phase or by facility within the scope of the implementation plan.
 Article 18 (Public Announcement of Completion of Construction Work)
If it is found during a completion inspection under Article 17 (1) that a project for an environment-friendly use of a dam is completed in compliance with the implementation plan, the Minister of Environment shall publicly announce the completion of construction works; whereas if the completed project does not conform to the implementation plan, the Minister shall issue an order to take necessary measures, such as supplemental construction, without delay. <Amended on Dec. 8, 2020>
 Article 19 (Restrictions on Disposal of State or Public Land)
(1) The land owned by the State or a local government, which is located in a zone for an environment-friendly use of a dam and needed for a project for an environment-friendly use of a dam, shall not be disposed of for any purpose other than as specified in the relevant implementation plan.
(2) The land subject to the restriction on disposal under paragraph (1) shall be determined through prior consultation with the management authority in charge of the relevant State-owned or public land.
CHAPTER IV ASSISTANCE IN PROJECTS FOR ENVIRONMENT-FRIENDLY USE OF DAMS
 Article 20 (Promotion of Project for Environment-Friendly Use of Dams)
The State shall ensure that projects for an environment-friendly use of dams achieve harmony and balance with projects for supporting residents or the like under the following statutes to enhance environmental management and conservation of dams and their environs and to boost the regional economy:
2. The Act on Assistance to Electric Power Plants-Neighboring Areas
3. The Act on Water Management and Resident Support in the Geum River Basin;
4. The Act on Water Management and Resident Support in the Nakdong River Basin;
5. The Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins;
6. The Act on the Improvement of Water Quality and Support for Residents of the Han River Basin.
 Article 21 (Bearing of Expenses)
(1) The costs of implementing a project for an environment-friendly use of a dam shall be borne by the project implementer.
(2) The State may fully or partially subsidize the cost of installing the infrastructure used for implementing a project for an environment-friendly use of a dam, within budgetary limits, as prescribed by Presidential Decree.
(3) The cost of installing facilities for electricity, telecommunications, gas supply and a district heating system out of infrastructure shall be borne by the persons who provide electricity, telecommunications, gas supply and heating services: Provided, That where electric arterial facilities are installed underground at the request of a project implementer or another person, the installation costs shall be shared half-and-half between the person who supply electricity and the person who requests to install them underground.
(4) The types of the infrastructure under paragraphs (2) and (3), other matters necessary for its installation, etc. shall be prescribed by Presidential Decree.
 Article 22 (Reduction of or Exemption from Charges)
If necessary to implement a project for an environment-friendly use of a dam, the State or a local government may exempt a project implementer from development charges, charges for the occupancy and use of a river, and rents, as provided by the Restitution of Development Gains Act and the River Act.
 Article 23 (Appropriation and Management of Maintenance and Management Funds)
(1) A project implementer shall appropriate profits from a project for an environment-friendly use of a dam for maintenance and management funds, as prescribed by Presidential Decree.
(2) The maintenance and management funds raised under paragraph (1) shall be managed by the project implementer and may be used to cover the following costs:
1. The cost of maintaining and managing the project for an environment-friendly use of a dam;
2. The cost of protecting the dam from contamination and improving water quality;
3. Other costs necessary for the project for an environment-friendly use of a dam.
(3) Matters necessary for, among other things, the standards for appropriating maintenance and management funds under paragraph (1) and calculating such funds shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 24 (Guidance and Supervision)
(1) The Minister of Environment shall guide and supervise every project implementer in regard to matters related to its performance. <Amended on Dec. 8, 2020>
(2) The Minister of Environment may, if he/she considers if necessary for the guidance and supervision under paragraph (1), demand to make a report on its business or submit relevant data. <Amended on Dec. 8, 2020>
 Article 25 (Administrative Measures)
(1) The Minister of Environment may, if a project implementer falls under any of the following subparagraphs, revoke permission or approval under this Act or issue an order to suspend or alter works included in the project, rebuild, alter, or relocate a building, an obstacle, etc., or make other disposition or take other measures, as may be necessary: Provided, That permission or approval shall be revoked in cases under subparagraph 1: <Amended on Dec. 8, 2020>
1. Where any permission or approval under this Act is obtained by fraud or other improper means;
2. Where it is impossible to continue to implement a project for an environment-friendly use of a dam due to a natural disaster, the bankruptcy of the project implementer or any other reason specified by Presidential Decree;
3. Where a project implementer implements a project without approval for an implementation plan or for an amendment to an implementation plan;
4. Where a project implementer fails to apply for approval of an implementation plan within three years from the date a plan for an environment-friendly use of the dam was approved;
5. Where a project implementer fails to commence a project within three years from the date a plan for an environment-friendly use of the dam was approved.
(2) Detailed criteria for the cancelation of permission, designation or approval, suspension or change of works, reconstruction, alteration, or relocation of structures, obstacles, etc. other necessary dispositions or measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment in consideration of the types, causes, degrees of violation, etc. of offensive acts. <Amended on Dec. 8, 2020>
(3) When the Minister of Environment issues an order or disposition under paragraph (1), he/she shall publicly notify it as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
 Article 26 (Hearings)
Where the Minister of Environment intends to take an administrative disposition to revoke permission or approval in a case referred to in any subparagraph of Article 25 (1), he or she shall hold hearings in accordance with the Administrative Procedures Act. <Amended on Dec. 8, 2020>
 Article 27 (Delegation of Authority)
The Minister of Environment may delegate part of his or her authority vested under this Act to the head of an agency affiliated with him or her, as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
CHAPTER VI? PENALTY PROVISIONS
 Article 28 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who obtained approval of a plan for an environment-friendly use of a dam under Article 5 by fraud or other improper means;
2. A person who conducted such an activity as the construction of a building in a zone for an environment-friendly use of a dam without permission, or who obtained permission by fraud or other improper means, in violation of Article 8 (1);
3. A person who obtains approval of an implementation plan under Article 10 (1) by fraud or by other wrongful means;
4. A person who implemented a project without approval of an implementation plan under Article 10 (1).
 Article 29 (Penalty Provisions)
Any person who fails to comply with an order to suspend or alter construction works, to rebuild, alter or relocate a building or an obstacle or to take necessary dispositions or measures under Article 25 (1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
 Article 30 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or any other person employed, by the corporation or an individual commits any violation described in Article 28 or 29 in performing any work for the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the same Article: Provided, That the same shall not apply where the corporation or individual has not neglected exercising due care and supervising over the work to prevent such violation.
 Article 31 (Administrative Fines)
(1) Either of the following persons shall be subject to an administrative fine not exceeding two million won:
1. A person who interferes with or refuses a project implementer's entry onto land, temporary use of land or removal or alteration of obstacles, in violation of the latter part of Article 13 (1);
2. A person who interferes with or refuses a project implementer's entry onto public waters or temporary use of public waters, in violation of the latter part of Article 13 (5).
(2) Administrative fines under paragraph (1) shall be imposed and collected by a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA <Act No. 15674, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Validity Period)
This Act shall be valid and effective until December 31, 2027.
Article 3 (Transitional Measures concerning Projects in Progress at Expiration of Validity Period)
This Act shall apply to the projects for which an implementation plan is approved under Article 10 as at the time the validity period of this Act expires, until the time the completion of construction works is publicly announced under Article 18.
Article 4 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions to an act conducted before the validity period of this Act expires, the provisions in force as at the time the act is conducted shall apply.
Article 5 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17599, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Public Announcements, Dispositions, and Ongoing Acts under Former Provisions)
Any public notice, administrative disposition or other acts by the Minister of Land, Infrastructure and Transport, or any application to the Minister of Land, Infrastructure and Transport or other acts pursuant to the previous provisions before this Act enters into force shall be deemed acts by the Minister of Environment or acts toward the Minister of Environment, which shall succeed to the relevant affairs under the amended provisions of this Act.