ENFORCEMENT DECREE OF THE NATURAL ENVIRONMENT CONSERVATION ACT
Wholly Amended by Presidential Decree No. 19245, Dec. 30, 2005
Amended by Presidential Decree No. 20386, Nov. 15, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 20791, May 26, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21185, Dec. 24, 2008
Presidential Decree No. 21445, Apr. 21, 2009
Presidential Decree No. 21629, Jul. 16, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 22073, Mar. 9, 2010
Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 22556, Dec. 28, 2010
Presidential Decree No. 22560, Dec. 29, 2010
Presidential Decree No. 22736, Mar. 29, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23529, Jan. 25, 2012
Presidential Decree No. 23559, Jan. 26, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 23967, Jul. 20, 2012
Presidential Decree No. 24001, Jul. 31, 2012
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 24762, Sep. 23, 2013
Presidential Decree No. 24997, Dec. 11, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25273, Mar. 24, 2014
Presidential Decree No. 25339, Apr. 29, 2014
Presidential Decree No. 25448, Jul. 7, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25713, Nov. 11, 2014
Presidential Decree No. 25837, Dec. 9, 2014
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28896, May 21, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29310, Nov. 27, 2018
Presidential Decree No. 29360, Dec. 11, 2018
Presidential Decree No. 29617, Mar. 12, 2019
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 31872, Jul. 6, 2021
Presidential Decree No. 32327, Jan. 6, 2022
| Article 2 (Targets of Natural Environment Restoration Projects) |
| 3. | Projects to restore the rivers in the preservation district and the restoration district referred to in Article 45 of the River Act; |
| 4. | Projects determined and publicly notified by the Minister of Environment as deemed necessary to implement the natural environment restoration project in consideration of the necessity of the restoration of the natural environment and ecosystem, restoration effects, etc. |
[This Article Newly Inserted on Jan. 6, 2022]
[Previous Article 2 moved to Article 2-2 <Jan. 6, 2022>]
| Article 2-2 (Matters to Be Included in Basic Guidelines for Natural Environmental Conservation) |
"Matters ... prescribed by Presidential Decree" in Article 6 (2) 8 of the Act means the following matters: <Amended on Jan. 6, 2022> | 1. | Development of specialized manpower and expansion of the research institutes and survey institutions for the conservation of the natural environment; |
| 2. | Implementation of projects for the conservation of the natural environment and fund-raising therefor. |
[Moved from Article 2 <Jan. 6, 2022>]
| Article 3 (Consultation on Principal Policy) |
Principal policies or plans directly related to natural environment conservation on which the head of a central administrative agency has to consult with the Minister of Environment pursuant to Article 7 (3) of the Act shall be as follows: <Amended on Aug. 4, 2006; Apr. 4, 2007; Aug. 17, 2007; Sep. 10, 2007; Dec. 29, 2010> | 2. | The designation as free trade zones referred to in Article 4 of the Act on the Designation of Free Trade Zone; |
| Article 4 (Minor Modifications to Basic Plan for Conservation of Natural Environment) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 8 (5) of the Act means those matters, exclusive of the matters in the following subparagraphs: | 1. | Matters regarding the setting of the basic direction and establishment of objectives for the conservation of the natural environment; |
| 2. | Matters regarding major promotional tasks for the conservation of the natural environment; |
| 3. | Matters regarding principal policies on nature conservation to be promoted by each local government; |
| 4. | Matters regarding crucial conservation and management of natural scenery; |
| 5. | Matters regarding the construction and promotion of ecological axis; |
| 6. | Matters regarding major projects for the restoration of ecosystems, such as the construction of ecological corridors, the restoration of damaged land; |
| 7. | Where 30/100 or more of the total amount is modified from among the matters regarding the calculation of expenses and plans for raising funds; |
| 8. | Matters regarding the construction and operation of the comprehensive geographic information system for natural environment pursuant to the provisions of Article 11 of the Act. |
| Article 5 (Matters to be Included in Basic Plan of Conservation of Natural Environment) |
"Matters prescribed by Presidential Decree" in subparagraph 10 of Article 9 of the Act means the matters in the following subparagraphs: | 1. | Matters regarding the promotion of campaigns for nature protection; |
| 2. | Matters regarding international cooperation for the conservation of the natural environment. |
| Article 6 (Entrusting Specialized Organization with Construction and Operation of Information Network on Natural Environment) |
| Article 7 (Scope and Standards for Designation as Ecological and Scenery Conservation Areas) |
| (1) | "Area prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means an area recommended by the head of the relevant administrative agency, Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") to be in need of special conservation because of its splendid scenery. <Amended on May 21, 2018> |
| (2) | In designating as an ecological and scenery conservation area pursuant to the provisions of Article 12 (1) of the Act, the Minister of Environment may lay down detailed standards for designation after consultation with the head of the relevant central administrative agency if necessary for the designation as an area highly worth conserving when viewed objectively. |
| Article 8 (Topographic Map Used for Designation as Ecological and Scenery Conservation Areas) |
"Topographical map prescribed by Presidential Decree" in the main clause of Article 13 (1) of the Act and the main clause of Article 24 (1) of the Act refers to a topographic map with a scale of 1:5,000 or larger indicating the scope and size by zone of the relevant ecological and scenery conservation areas, which also indicates a cadastral map or upon which a cadastral map is drawn.
| Article 9 (Minor Modifications to Ecological and Scenery Conservation Area) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 13 (1) of the Act means matters excluding the cases listed in the following subparagraphs: | 1. | Where the whole area of an ecological and scenery conservation area is enlarged or reduced; |
| 2. | Where a transition area for ecological and scenery conservation (hereinafter referred to as a "transition area") is adjusted to a core area for ecological and scenery conservation (hereinafter referred to as a "core area") or to a buffer area for ecological and scenery conservation (hereinafter referred to as a "buffer area"); |
| 3. | Where a buffer area is adjusted to a core area; |
| 4. | Where the adjusted area of a core area, buffer area or transition area is 10/100 or more of the total area (excluding cases falling under subparagraph 2 or 3). |
| Article 10 (Matters to be Included in Basic Plan for Management of Ecological and Scenery Conservation Area) |
"Matters ... prescribed by Presidential Decree" in subparagraph 4 of Article 14 of the Act means the matters contained in the following subparagraphs: | 1. | Matters regarding the observation of changes in the ecosystem and natural scenery within an ecological and scenery conservation area; |
| 2. | Matters regarding the disposal plan for sewage and waste water within an ecological and scenery conservation area and an assistance plan for the disposal of sewage and waste water pursuant to the provisions of Article 20 (2) of the Act; |
| 3. | Matters regarding the calculation of expenses needed for the execution of business included in a basic plan of management of an ecological and scenery conservation (hereinafter referred to as a "basic management plan") and plan for raising money therefor; |
| 4. | Matters regarding an assistance plan for increasing inhabitants' income and promoting their welfare, such as environmentally friendly farming, the promotion of ecological tourism pursuant to the provisions of Article 41 of the Act. |
| Article 11 (Acts Harmful to Conservation of Natural Environment) |
| 1. | The covering over and reclamation of the surface of water; |
| Article 12 (Scope of Disaster) |
| 1. | Where injury to human life or property loss has occurred due to collapse, explosion, etc. of a building, structure, etc.; |
| 2. | Where a fire has broken out; |
| 3. | Where it is necessary in order to rescue human life from other extant dangers. |
| Article 13 (Exclusion of Limitation on Activities) |
| (1) | "Act prescribed by Presidential Decree" in Article 15 (2) 3 of the Act means activities of residents residing in an ecological and scenery conservation area or the vicinity thereof, or the owners, occupants or administrators of land or public waters within an ecological and scenery conservation area, namely, farming, fishing, collecting fisheries products, mushrooms, wild greens, etc. or other acts corresponding thereto that are deemed as ecologically sustainable. |
| (2) | "Where the Minister of Environment performs an act and installs the necessary facility prescribed by Presidential Decree" in Article 15 (2) 8 of the Act means the following cases: |
| 1. | Where the facilities, etc. included in the basic management plan pursuant to the provisions of Article 14 of the Act are installed; |
| 2. | Periodic surveys of the situation and scientific research on the ecosystem and natural scenery of ecological and scenery conservation areas, or where the facilities, etc. for observation necessary for the execution thereof are installed; |
| 3. | Where the facilities, etc. deemed necessary for the protection of ecological and scenery conservation areas and the prevention of damage to the natural environment from trespassing by outside persons are installed. |
| Article 14 (Acts Allowed within Buffer Areas) |
| (1) | "Building, etc. prescribed by Presidential Decree" in Article 15 (3) 1 of the Act means any of the following facilities (including the auxiliary facilities and attached parking lots), which are below the scale prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 24, 2014> |
| 1. | Those falling under any of the following prescribed in the attached Table 1 (hereafter referred to as the "same attached Table" in this paragraph) of the Enforcement Decree of the Building Act: |
| (a) | A detached house in subparagraph 1 (a) of the same attached Table; |
| (b) | A retail shop selling daily necessities, etc. in subparagraph 3 (a) of the same attached Table; |
| (c) | A resting restaurant in subparagraph 3 (b) of the same attached Table; |
| 2. | The facilities for keeping, storing or selling the agricultural, forestry or fisheries products. |
| (2) | "Facility prescribed by Presidential Decree" in Article 15 (3) 2 of the Act means any of the following facilities, from among the facilities which are reflected in a basic management plan: |
| 1. | The facilities for the education, public relations or research on the natural environment, such as a center for learning about nature, an ecology museum, forest museum, arboretum, botanical garden, ecological forest, center for experiencing ecology, ecological research institution, etc.; |
| Article 15 (Acts Allowed within Transition Areas) |
| (1) | "Building, etc. prescribed by Presidential Decree" in Article 15 (4) 2 of the Act means any of the following buildings: <Amended on May 26, 2008; Oct. 29, 2008; Jul. 16, 2009> |
| 1. | Residential buildings below the scale prescribed by Ordinance of the Ministry of Environment; |
| 2. | Buildings below the scale prescribed by Ordinance of the Ministry of Environment, which falls under any of the following (limited to new construction, extension or remodeling): |
| (a) | First class neighborhood living facilities (excluding resting restaurants, bakeries and bath houses) in subparagraph 3 of the attached Table 1 (referred to as the "same attached Table" in this paragraph and paragraph (2)) of the Enforcement Decree of the Building Act; |
| (b) | Second class neighborhood living facilities (excluding general restaurants, resting restaurants, bakeries, indoor angling spots, golf driving ranges, firearms shops, bars and massage parlors) in subparagraph 4 of the same attached Table; |
| (c) | Hospitals in subparagraph 9 (a) of the same attached Table; |
| (d) | Animal sheds or crop farming sheds in subparagraph 21 (a) and (e) of the same attached Table; |
| (e) | Charnel houses (limited to those for local residents) in subparagraph 26 (b) of the same attached Table; |
| (2) | "Facilities for food, lodging or shopping prescribed by Presidential Decree" in Article 15 (4) 3 of the Act means any of the following facilities, which are below the scale prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 24, 2014> |
| 1. | Resting restaurants and bakeries in subparagraph 3 (b) of the same attached Table; |
| 2. | Resting restaurants and bakeries in subparagraph 4 (h) of the same attached Table; |
| 3. | General restaurants in subparagraph 4 (i) of the same attached Table; |
| 4. | Facilities for training in subparagraph 12 of the same attached Table. |
| (3) | "Public facilities and facilities for convenient livelihood prescribed by Presidential Decree" in Article 15 (4) 4 of the Act means any of the following facilities: |
| 1. | Transportation facilities, such as roads (including exploratory routes), parking lots, etc.; |
| 2. | Public facilities, such as waterworks, sewerage, power poles, etc., or amenities for regional residents, which are installed by the State, local governments, etc. |
| Article 16 (Restriction on Development Projects) |
| (1) | "Development projects prescribed by Presidential Decree" in Article 15 (5) of the Act means the following projects: <Amended on Aug. 4, 2006; Apr. 3, 2008; Oct. 14, 2010> |
| 6. | Projects subject to permission for aggregate picking referred to in Article 22 of the Aggregate Picking Act. |
| (2) | Where the Minister of Environment intends to impose restrictions on development projects or farming activities pursuant to Article 15 (5) of the Act, he or she shall consult with the head of a relevant central administrative agency and the Mayor/Do Governor. <Amended on Apr. 4, 2007> |
| (3) | Where the Minister of Environment imposes restrictions on development projects or farming activities referred to in Article 15 (5) of the Act, he or she shall announce the types of projects subject to restrictions, the locations and areas of restricted zones, the reasons for restrictions and other necessary matters to the public. <Amended on Apr. 4, 2007> |
| Article 17 (Prohibited Acts) |
"Acts ... prescribed by Presidential Decree" in subparagraph 4 of Article 16 of the Act means an act falling under any of the following subparagraphs: <Amended on Apr. 4, 2007> | 1. | Driving away wild animals by emitting sound, light, smoke, foul odor, etc.; |
| 2. | Damaging nests or habitats of wild fauna and flora; |
| 3. | Collecting, lumbering, withering to death grass, standing trees, or bamboo within buffer or transition areas, or sprinkling or injecting poisonous substances or agricultural chemicals so as to poison to death: Provided, That cultural properties pursuant to the Cultural Heritage Protection Act and activities within the protection areas thereof shall be governed by the Cultural Heritage Protection Act, and cases that fall under any of the following items and do not fall under the objects of restriction on acts pursuant to the provisions of Article 15 of the Act shall be excluded: |
| 4. | Grazing domestic animals; |
| 5. | Hunting animals or collecting eggs within buffer or transition areas, or installing explosives, snares, traps, nets, pitfalls, etc.: Provided, That cultural properties and activities within the protection zones thereof pursuant to the Cultural Heritage Protection Act shall be governed by the Cultural Heritage Protection Act; |
| 6. | Grazing animals: Provided, That this shall not apply where animals in distress are kept loose in the same area after they are rescued and given medical treatment, or the head of the relevant administrative agency keeps animals loose after consulting with the Minister of Environment for the restoration of wild fauna and flora. |
| Article 17-2 (Exceptions to Limited Access) |
"Act determined by Presidential Decree" in Article 16-2 (2) 7 of the Act means scientific survey and research recognized by the Minister of Environment. [This Article Newly Inserted on Sep. 23, 2013]
| Article 18 (Selection of Land subject to Administrative Conversion) |
| (1) | Where the Minister of Environment intends to qualify for an administrative conversion pursuant to the main clause of Article 18 (1) of the Act, he or she shall request the administrative conversion to the head of the relevant central administrative agency along with the documents stating the location and size of the relevant area, ecological and scenic value, etc. <Amended on Jul. 27, 2009> |
| (2) | Where it is necessary to ascertain state-owned land, buildings or other items attached to the land (hereafter referred to as "land, etc." in this Article) for which he or she intends to request an administrative conversion, the Minister of Environment may request cooperation in the matters in the following subparagraphs from the head of the relevant central administrative agency, such as the Minister of National Defense: <Amended on Jul. 27, 2009> |
| 1. | Perusal or lending of data on the location, size, usage, etc. of state-owned land, etc. located in the area pursuant to the provisions of Article 18 (1) of the Act; |
| 2. | Access to the limited area where necessary for a field survey. |
[This Article Wholly Amended on Jul. 27, 2009]
| Article 19 (Assistance for Residents in Ecological and Scenery Conservation Area) |
| (1) | Assistance for residents pursuant to Article 20 (1) of the Act shall be offered for the cases where purification facilities for filtering filthy water or excreta are installed due to construction, remodeling, or extension of a house (excluding apartment buildings and tenement houses referred to in subparagraph 2 (a) and (b) of attached Table 1 of the Enforcement Decree of the Building Act) within an ecological and scenery conservation area or the vicinity thereof. <Amended on Jan. 6, 2022> |
| (2) | The bounds of the vicinity pursuant to the provisions of paragraph (1) shall be determined and publicly notified by the Minister of Environment upon taking consideration of the source of pollution and volume of water pollutants, self-purification capability of rivers, etc. |
| (3) | The standards for calculation of assistance with expenses pursuant to the provisions of Article 20 (1) of the Act shall be determined and publicly notified by the Minister of Environment in consideration of the kinds and scale of purification facility, location of the area to install, etc. |
| (4) | Those who intend to receive assistance pursuant to Article 20 (1) of the Act shall make an application to the Mayor/Do Governor along with the documents prescribed by Ordinance of the Ministry of Environment. |
| (5) | The Mayor/Do Governor shall formulate a plan for assistance for residents containing the matters in the following subparagraphs in accordance with the application for assistance pursuant to the provisions of paragraph (4) and submit it to the Minister of Environment by not later than the end of April each year: |
| 2. | The area and number of households subject to assistance; |
| 3. | Plans for the promotion of assistance; |
| 4. | Total amount of assistance; |
| 5. | Other matters necessary for the promotion of assistance. |
| Article 20 (Object of Consultation and Examination of Impact on Natural Scenery) |
| (2) | "Development project, etc. ... prescribed by Presidential Decree" in Article 28 (1) 2 of the Act shall be as specified in attached Table 2. |
| (3) | "Cases prescribed by Presidential Decree" in the proviso of Article 28 (3) of the Act means the following cases: <Amended on May 21, 2018> |
| Article 21 (Composition of Natural Scenery Deliberation Committee) |
| (1) | The Natural Scenery Deliberation Committee (hereinafter referred to as the "Deliberation Committee") pursuant to the provisions of Article 29 (2) of the Act shall consist of 15 or less members, including one chairperson. |
| (2) | The chairperson shall be appointed by the head of the local environmental management office from among the public officials in charge of dealing with affairs related to natural scenery under his or her jurisdiction. The members shall be commissioned by the head of the local environmental management office from among the persons who have abundant knowledge and experience in the conservation, management, evaluation, etc. of natural scenery, such as landscape, urban planning, construction, environment, agriculture, forestry, forest resources, ecology, etc. |
| (3) | The term of office for the members shall be two years and may be extended for a further term. |
| (4) | The Deliberation Committee shall deliberate upon the matters in the following subparagraphs: |
| 1. | Deliberation upon the impact on natural scenery caused by development projects, etc. for which a request for a consultation has been made pursuant to Article 28 (1) of the Act; |
| 2. | Other matters for which the head of the local environmental management office makes a request for deliberation, in cases where they are deemed to have a substantial influence on the natural scenery. |
| (5) | The Deliberation Committee shall examine the matters in the following subparagraphs in deliberating upon the impact on natural scenery in paragraph (4) 1: |
| 1. | The current status of natural scenery resources (including the area for projects and surrounding areas thereof); |
| 2. | View axis linking major view points and major scenic attractions; |
| 3. | Whether or not natural scenery that deserves conservation has been damaged; |
| 4. | Suitability to surrounding natural scenery; |
| 5. | Plans to reduce impact on the scenery; |
| 6. | The prediction and evaluation of changes in scenery. |
| Article 22 (Operation of Deliberation Committee) |
| (1) | The chairperson shall call and preside over meetings. |
| (2) | The meetings of the Deliberation Committee shall consist of the chairperson and five or more members designated by the chairperson for each meeting. |
| (3) | The meetings of the Deliberation Committee shall convene with a majority of the constituent members present pursuant to the provisions of paragraph (2), and shall pass resolutions by a majority vote of the members present. |
| (4) | The chairperson may hear the opinions of interested persons where it is deemed necessary for the matters of deliberation of the Deliberation Committee. |
| (5) | Allowances and travel expenses within the extent of budget may be paid to those members present at the Deliberation Committee: Provided, That this shall not apply where a member who is a public official attends the Deliberation Committee upon business directly connected with his or her duty. |
| (6) | Except as provided in this Decree, matters necessary for the operation of the Deliberation Committee shall be prescribed separately by the Minister of Environment. |
| Article 23 (Details and Method of Survey into Natural Environment) |
| (1) | The details of the survey on natural environmental conditions pursuant to the provisions of Article 30 (5) of the Act shall be as listed in the following subparagraphs: <Amended on Apr. 4, 2007> |
| 1. | The present status and distribution of biodiversity components, such as mountains, rivers, islands; |
| 2. | The peculiarity of geographical features, geological features and natural scenery; |
| 3. | The diversity and status of distribution of wild fauna and flora; |
| 4. | The grade of green area according to the methods of investigation and the standards for classification prescribed by the Minister of Environment; |
| 5. | The status of plant community; |
| 6. | The status quo of habitation of endangered wild fauna and flora, and indigenous living organisms in Korea; |
| 7. | The status quo of habitation of living species useful for economic or medical purposes; |
| 8. | The status quo of habitation of wild species genetically similar to agricultural products and livestock, etc.; |
| 10. | Other matters recognized by the Minister of Environment as requiring a special survey for the conservation of the natural environment. |
| (2) | The survey on the natural environment pursuant to the provisions of Article 30 (5) of the Act shall be made based on field surveys by natural environment surveyors pursuant to the provisions of Article 32 of the Act in principle. However, remote sensing via aircraft, artificial satellites, etc., or indirect methods of survey through hearings, data, documents, etc. may be employed. |
| (3) | Where a natural environment surveyor conducts field surveys pursuant to paragraph (2), the Minister of Environment or the Mayor/Do Governor may request the head of the relevant administrative agency to cooperate in dealing with the matters falling under any of the following subparagraphs. In such cases, the head of the relevant administrative agency shall comply with such request unless any special ground exists otherwise: <Amended on Apr. 4, 2007> |
| 1. | Access to off-limits sites under his or her jurisdiction; |
| 2. | Perusal or lending of survey-related materials. |
| (4) | The Minister of Environment shall formulate a plan for the survey of natural environment containing matters prescribed by Ordinance of the Ministry of Environment by not later than 10 days before the commencement date of survey, and notify the head of the relevant administrative agency and the Mayor/Do Governor thereof. <Amended on Apr. 4, 2007> |
| Article 24 (Areas Included in First Grade Zones of Ecology and Nature) |
"Areas ... which meet standards prescribed by Presidential Decree" in Article 34 (1) 1 (e) of the Act means any of the following areas: <Amended on Apr. 4, 2007> | 1. | Natural virgin forests, forests close thereto, or alpine meadows; |
| 2. | Rivers, lakes and marshes, or estuaries in their natural state or a state close thereto. |
| Article 25 (Separately Managed Zones) |
"Area prescribed by Presidential Decree" in Article 34 (1) 4 of the Act means any of the following areas: <Amended on Aug. 4, 2006; Apr. 4, 2007; Mar. 9, 2010; Dec. 29, 2010; Jul. 31, 2012>
| Article 26 (Request for Cooperation in Provision of Data) |
Pursuant to Article 34 (3) of the Act, the Minister of Environment may request the following data from the head of the relevant central administrative agency and the head of the relevant local government: <Amended on Apr. 4, 2007> | 1. | Data regarding the natural environment, liberal arts or social sciences possessed by a relevant central administrative agency or a local government; |
| 2. | Ecology and nature maps drawn up by a local government, and the basic data thereon. |
| Article 27 (Methods of Drawing Ecology and Nature Maps) |
| (1) | The Minister of Environment shall lay down guidelines for drawing up ecology and nature maps in consultation with the head of the relevant central administrative agency and the Mayor/Do Governor under Article 34 (4) of the Act and draw up ecology and nature maps in accordance with the guidelines. <Amended on Apr. 4, 2007> |
| (2) | The head of the relevant central administrative agency and the Mayor/Do Governor may request the Minister of Environment to correct or supplement zone classifications for ecology and nature maps drawn up in accordance with paragraph (1). In such cases, the details of actual field confirmation or objective data, etc. shall be attached. <Amended on Apr. 4, 2007> |
| (3) | In drawing ecology and nature maps, the Minister of Environment may make green area nature maps showing the natural conditions, artificial changes, etc. in the green areas, etc. in order to utilize it as basic data. |
| (4) | Any necessary matters for the preparation of green area nature maps pursuant to the provisions of paragraph (3) shall be laid down by the Minister of Environment. |
| Article 28 (Objects of Utilization of Ecological and Natural Maps) |
| (1) | The objects of utilization of the ecological and natural maps referred to in Article 34 (4) of the Act shall be as follows: <Amended on Dec. 24, 2008; Jul. 20, 2012; Jul. 6, 2021> |
| 3. | Projects subject to environmental impact assessment referred to in Article 22 of the Environment Impact Assessment Act; |
| 4. | Development plans that are especially feared to cause adverse effects on the ecosystems among the development plans formulated by the head of a central administrative agency or the head of a local government. |
| (2) | Where the Minister of Environment, the head of a relevant central administrative agency or the head of a local government intends to draw up a plan referred to in subparagraphs of paragraph (1) or to hold a consultation about development projects, he or she shall consider the following standard for each classification zone in ecology and nature maps, and the Minister of Environment shall provide them with ecology and nature maps for this purpose: |
| 1. | First grade zones: Conservation and restoration of the natural environment; |
| 2. | Second grade zones: Minimization of the damage inflicted by the conservation, development and utilization of the natural environment; |
| 3. | Third grade zones: Systematic development and utilization. |
| Article 29 Deleted. <Oct. 20, 2008> |
| Article 30 Deleted. <May 21, 2018> |
| Article 31 (Survey on Biodiversity Components) |
| (1) | The objects of surveys pursuant to the provisions of Article 36 (2) of the Act shall be as listed in the following subparagraphs: |
| 1. | The present status on analysis, distribution and usage of domestic biodiversity components; |
| 2. | The ecological characteristics and role of living species; |
| 3. | The aspects of changes in the ecosystems following natural or artificial disturbances; |
| 4. | The development activities likely to cause adverse effects to the conservation of biodiversity and the sustainable use of the biodiversity components; |
| 5. | The condition of habitation and ecological characteristics of indigenous species and alien species; |
| 6. | Traditional knowledge on the utilization of biodiversity and the current condition of the habitation of living species utilized; |
| 7. | Other matters deemed necessary to survey for the conservation of biodiversity and the sustainable use of the biodiversity components. |
| (2) | Any survey pursuant to the provisions of paragraph (1) shall be executed by the Minister of Environment. <Amended on Apr. 4, 2007> |
| (3) | In making a survey pursuant to the provisions of paragraph (2), the Minister of Environment may have the relevant expert prescribed by Ordinance of the Ministry of Environment carry out the relevant survey as proxy if it is necessary to have such expert carry out the said survey. <Amended on Apr. 4, 2007> |
| (4) | Where any person who has been requested to carry out a survey as proxy pursuant to the provisions of paragraph (3) intends to carry it out as proxy, he or she shall formulate a plan containing matters prescribed by Ordinance of the Ministry of Environment and submit it to the Minister of Environment. <Amended on Apr. 4, 2007> |
| Article 32 Deleted. <May 21, 2018> |
| Article 33 Deleted. <May 21, 2018> |
| Article 34 (Designation of Natural Repose Area) |
| (1) | Where the head of a local government intends to designate a natural repose area under Article 39 (1) of the Act, he or she shall formulate a management plan for a natural repose area including matters in the following subparagraphs; |
| 1. | The name, location, and area of the natural repose area; |
| 2. | The purpose of designation; |
| 3. | The ecological and scenic value of the relevant area; |
| 4. | A plan for the installation of facilities for the conservation and utilization of the natural environment; |
| 5. | A plan for the management and utilization of the natural repose area; |
| 6. | Other matters necessary for the conservation and sound utilization of the natural repose area. |
| (2) | Where a zone for which designation as a natural repose area is intended extends over another zone under the jurisdiction of another local government, it shall undertake a consultation with the head of the relevant local government. |
| (3) | When the head of a local government designates a natural repose area, he or she shall publicly notify the matters in the following subparagraphs without delay: |
| 1. | The name, location, area, and scope of the natural repose area; |
| 2. | The purpose and grounds for designation of the natural repose area, and the date of such designation; |
| 3. | The name and location of the principal natural assets within the natural repose area; |
| 4. | The name of the local government which manages the natural repose area. |
| (4) | Where necessary, the Minister of Environment or the Mayor/Do Governor may recommend the Mayor/Do Governor or the head of Si/Gun/Gu to take measures for the appropriate maintenance and management of the natural repose area. |
| Article 35 (Criteria for Restricting Lumbering of Standing Trees) |
"Cases that ... satisfy the standards prescribed by Presidential Decree" in subparagraph 3 of Article 40 of the Act means those falling under any of the following subparagraphs: | 1. | Where the ecological value of the natural repose area is lost or serious impact is made on study on the natural conditions or ecological education by causing damage to forests or towering trees in the natural repose area; |
| 2. | Where standing trees are in harmony with the surrounding natural scenery, such as traditional temples, historic remains, traditional or ecological village, or they are highly worthwhile to preserve in terms of the sentiment of local residents; |
| 3. | Where the head of a local government deems it necessary to preserve an area containing the beautiful natural scenery, such as rocks, cliffs, waterfalls, coastlines. |
| Article 35-2 (Survey on Ecological Characteristics and Inhabitation Conditions, etc. of Wild Fauna and Flora) |
| (1) | The survey on the ecological characteristics, inhabitation conditions, etc. of wild fauna and flora referred to in Article 45 (2) of the Act shall be conducted in accordance with the method of preliminary survey using an information network on the natural environment referred to in Article 11 (1) of the Act, hearings, materials, documents, etc. and the method of in-depth surveys conducted on-site by relevant experts. |
| (2) | Investigation into the ecological characteristics, inhabitation conditions, etc. of wild fauna and flora referred to in Article 45 (2) of the Act shall include the following matters: |
| 1. | The actual conditions of inhabitation and vegetation of species of wild fauna and flora the mobility and ecological continuity of which are likely to be severed; |
| 2. | Ecological characteristics of wild animal species the mobility of which is likely to be severed, such as feed, breeding characteristics, a place to eat, a place to sleep, a place to hide, a migratory route; |
| 3. | Major factors threatening the survival of wild animal species the mobility of which is likely to be severed; |
| 4. | Environmental factors, such as geographical features, geological features and soil, which relate to inhabitation or vegetation of wild fauna and flora and to the structure or design of ecological corridors; |
| 5. | Areas where accidents, such as car accidents involving wild animals, occur frequently and wild animal species which suffer accidents; |
| 6. | Connection with a major ecological axis, such as Baekdudaegan referred to in subparagraph 1 of Article 2 of the Baekdudaegan Protection Act. |
| (3) | The details necessary for survey on the ecological characteristics, inhabitation conditions, etc. of wild fauna and flora, other than those prescribed by paragraphs (1) and (2), shall be determined by the Minister of Environment. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 35-3 (Implementation of Natural Environment Restoration Projects) |
| (1) | "Survey on the natural environment prescribed by Presidential Decree" in Article 45-3 (1) 5 of the Act means the survey specified in the following subparagraphs: |
| (2) | The Minister of Environment shall evaluate the priority according to the criteria specified in attached Table 2-2 and prepare a list of candidate areas in need of restoration of the natural environment pursuant to Article 45-3 (1) of the Act. |
| (3) | If necessary for preparing a candidate list under paragraph (2), the Minister of Environment may seek expert opinions. |
[This Article Newly Inserted on Jan. 6, 2022]
| Article 35-4 (Reporting and Evaluation of Performance Records of Natural Environment Restoration Projects) |
| (1) | The implementer of a natural environment restoration project under Article 45-3 (3) of the Act (hereinafter referred to as "implementer of a natural environment restoration project") shall report the performance records of the natural environment restoration project to the Minister of Environment pursuant to Article 45-5 (1) of the Act, according to the following classifications: |
| 1. | Where the natural environment restoration project is being implemented as of the end of the first quarter of each year: Within one month after the end of the first quarter of each year; |
| 2. | Where the implementation of the natural environment restoration project is completed: Within one month after the completion of implementation. |
| (2) | The Minister of Environment upon receipt of a report on the performance records under paragraph (1) shall evaluate the performance records in accordance with the evaluation criteria specified in attached Table 2-3 within one month from the date of receipt, and shall notify the evaluation results to the implementer of the natural environment restoration project. |
[This Article Newly Inserted on Jan. 6, 2022]
| Article 35-5 (Maintenance and Management of Natural Environment Restoration Projects) |
| (1) | The Minister of Environment and the implementer of a natural environment restoration project shall inspect the current status of maintenance and management of the natural environment restoration project including the following matters, at least once a year after completion of the natural environment restoration project pursuant to Article 45-6 (1) of the Act: |
| 1. | Degree of achievement of the restoration objectives: Whether the restoration objectives verified in the evaluation of performance records of the natural environment restoration project are being maintained continuously; |
| 2. | Appropriateness of implementation of maintenance and management: Whether the cycle, method, and execution of financial resources of inspections for maintenance and management are appropriate; |
[This Article Newly Inserted on Jan. 6, 2022]
| Article 36 (Projects Subject to Ecosystem Conservation Charge) |
| (1) | "Project ... prescribed by Presidential Decree" in Article 46 (2) 1 of the Act means a project which is included in a master plan for development under Article 9 (2) 2 of the Environmental Impact Assessment Act among plans subject to strategic environmental impact assessment under Article 9 (1) of the same Act and which is executed without consultation procedures for strategic environmental impact assessment or small-scale environmental impact assessment thereon, such as omission of or exemption from environmental impact assessment thereon under the Acts related to environmental impact assessment or other individual Acts after the relevant plan is established and confirmed. <Newly Inserted on Sep. 23, 2013> |
| (2) | "Opencut exploration or mining business, the scale of which is larger than that prescribed by Presidential Decree" in Article 46 (2) 3 of the Act means a business, for which an area approved in a mining plan referred to in Article 42 of the Mining Industry Act is at least 100,000 square meters, and the area (where permission, etc. referred to in subparagraphs of Article 43 (1) of the same Act is obtained after a mining plan is approved, referring to the area adding up the permitted area) deemed granted permission, etc. pursuant to Article 43 of the same Act is at least 5,000 square meters. <Amended on Dec. 28, 2010; Sep. 23, 2013> |
[This Article Wholly Amended on Nov. 15, 2007]
[Title Amended on Jan. 6, 2022]
| Article 37 (Calculation of Damaged Area of Ecosystem) |
| (1) | The damaged area of an ecosystem pursuant to the main clause of Article 46 (3) of the Act means the area of a district where any of the following damage occurs: <Amended on Apr. 4, 2007; Nov. 15, 2007> |
| 1. | Making changes in the characteristic form and quality of land by removing, excavating or banking up the topsoil of earth; |
| 2. | Removing or destroying the area of habitation where plant communities are formed; |
| 3. | Cultivating, dredging, filling-up, or reclaiming by drainage, an area with abundant biodiversity, such as wetlands. |
| (2) | Notwithstanding paragraph (1), any of the following areas shall be excluded from the damaged area of ecosystem: <Amended on Dec. 14, 2009; Jun. 1, 2015; Jan. 6, 2022> |
| 1. | Where the land category under the Act on the Establishment, Management of Spatial Data falls under buildings, factories, schools, roads, railways, gymnasiums or recreation parks, its area of land; |
| 3. | The area of land which is not specified in subparagraphs 1 and 2, which has the facilities installed in it. |
| Article 38 (Imposition and Collection of Ecosystem Conservation Charge) |
| (1) | Where the ecosystem conservation charge referred to in Article 46 (1) of the Act (hereinafter referred to as "ecosystem conservation charge") is imposed, the amount to be imposed per unit area for the ecosystem conservation charge pursuant to the main clause of paragraph (3) of the same Article shall be 300 won per square meter. <Amended on Dec. 9, 2014; May 21, 2018; Jan. 6, 2022> |
| (2) | The regional coefficient under the main clause of Article 46 (3) of the Act shall be as specified in attached Table 2-4. <Amended on Jan. 6, 2022> |
| (3) | Where the Minister of Environment intends to impose the ecosystem conservation charge, the Minister shall issue a written notice no later than five days prior to the commencement of payment, for a specified payment period not exceeding one month. <Amended on Nov. 15, 2007; Jan. 6, 2022> |
| (4) | Where it is deemed that a person obliged to pay the ecosystem conservation charge faces difficulty in paying such charge which exceeds 10 million won in a lump sum due to any of the following reasons, the Minister of Environment may allow the charge to be paid in installments for a specified period not exceeding three years: Provided, That the period of payment in installments shall not exceed the period of the project: <Amended on Nov. 15, 2007; Jan. 6, 2022> |
| 1. | Where serious damage is inflicted on the property due to disasters, thefts, etc.; |
| 2. | Where the business faces a serious crisis as the business conditions worsen; |
| 3. | Where obvious difficulty has occurred to the cash flow due to disease or serious injury to the person obliged to pay or to his or her live-in family members; |
| 4. | Where any grounds exist corresponding to those prescribed in subparagraphs 1 through 3. |
| (5) | Necessary matters regarding the number of installment payments, the deadline for payment, and procedure therefor, etc. referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Environment. |
[Title Amended on Jan. 6, 2022]
| Article 39 (Reduction of and Exemption from Ecosystem Conservation Charge) |
Projects eligible for the reduction of or exemption from the ecosystem conservation charge under the proviso of Article 46 (3) of the Act and the reduction rate shall be as specified in attached Table 2-5. <Amended on Jan. 6, 2022> [This Article Wholly Amended on May 21, 2018]
[Title Amended on Jan. 6, 2022]
| Article 40 (Recalculation of Ecosystem Conservation Charge) |
| (1) | Where the ecosystem conservation charge imposed or collected pursuant to Article 38 falls under any of the following subparagraphs, the Minister of Environment shall recalculate and correct the levy of the ecosystem conservation charge, and if the amount already paid differs from the recalculated amount, the Minister shall reimpose or refund the balance: <Amended on Jan. 6, 2022> |
| 1. | Where any error is made in deciding the targets subject to the ecosystem conservation charge, or a person liable to pay the charge; |
| 2. | Where the ecosystem conservation charge is miscalculated; |
| 3. | Where the damaged area of the ecosystem of the relevant zone or complex is calculated by mistake or by fraudulent means. |
| (2) | Where the Minister of Environment intends to reimpose or refund the ecosystem conservation charge pursuant to paragraph (1), the Minister shall issue a notice thereof in writing. <Amended on Jan. 6, 2022> |
[Title Amended on Jan. 6, 2022]
| Article 41 (Application for Recalculation of Ecosystem Conservation Charge) |
| (1) | Where a person who receives a notice of payment of the ecosystem conservation charge pursuant to Article 38 (3) falls under any of the subparagraphs of Article 40 (1), the person may apply for the recalculation of the relevant ecosystem conservation charge within 30 days from the date of receipt of such notice. <Amended on Jan. 6, 2022> |
| (2) | Where an application for recalculation pursuant to the provisions of paragraph (1) is filed, the Minister of Environment shall notify the applicant of the result of disposition within 30 days. |
[Title Amended on Jan. 6, 2022]
| Article 42 (Settlement of Ecosystem Conservation Charge) |
| (1) | Where a discrepancy occurs between the current ecosystem conservation charge and the one already paid because the damaged ecosystem areas within the relevant zone or complex are changed after receiving an inspection, report, etc. upon completion of the construction (hereinafter referred to as "inspection, etc. upon completion of construction") of the project subject to the ecosystem conservation charge, the Minister of Environment shall impose or refund the balance by settling the ecosystem conservation charge. <Amended on Jan. 6, 2022> |
| (2) | A person who intends to receive the refund of the ecosystem conservation charge pursuant to paragraph (1) shall file an application for the refund with the Minister of Environment along with the documents prescribed by Ordinance of the Ministry of Environment within 90 days after receiving an inspection, etc. upon completion of construction. <Amended on Jan. 6, 2022> |
| (3) | Where the Minister of Environment intends to impose or refund the ecosystem conservation charge by settling such charge pursuant to paragraph (1), he or she shall give a written notice thereof. <Amended on Jan. 6, 2022> |
[Title Amended on Jan. 6, 2022]
| Article 42-2 (Payment of Ecosystem Conservation Charge by Credit Cards) |
| (1) | The ecosystem conservation charge and an additional due referred to in Article 48 (1) of the Act (hereinafter referred to as "additional due“) may be paid by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.”) through the following institutions (hereafter referred to as "accredited payment agency" in this Article): <Amended on Jan. 6, 2022> |
| 1. | The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission pursuant to Article 32 of the Civil Act; |
| 2. | Agencies designated by the Minister of Environment as accredited payment agencies among the agencies providing payment service by credit card, etc. using an information and communications network, taking into consideration their facilities, business performance capacity, capital size, etc. |
| (2) | Where the ecosystem conservation charge or an additional due is paid by credit card, etc. pursuant to paragraph (1), the approval date of the accredited payment agency shall be deemed the payment date. <Amended on Jan. 6, 2022> |
| (3) | An accredited payment agency may receive a payment service commission from each obligor for payment in the amount not exceeding 10/1,000 of the relevant payment amount, in return for providing payment service of the ecosystem conservation charge and additional dues. <Amended on Jan. 6, 2022> |
| (4) | Necessary matters concerning the designation, operation, commission, etc. of payment service providers shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on May 21, 2018]
[Title Amended on Jan. 6, 2022]
| Article 43 (Grant of Imposition and Collection Expenses for Ecosystem Conservation Charge) |
| (1) | "Amount prescribed by Presidential Decree" in the former part of Article 46 (5) of the Act means an amount calculated by multiplying the amount under subparagraph 1 by the ratio under subparagraph 2: <Amended on Sep. 23, 2013; Jan. 6, 2022> |
| 1. | The collected amount of the ecosystem conservation charge and its additional dues; |
| 2. | The ratio determined and publicly notified by the Minister of Environment within the range from 40/100 to 60/100, taking into account the collection rates of the ecosystem conservation charge and its additional dues. |
| (2) | Where the Mayor/Do Governor uses the grant of the ecosystem conservation charge to cover the expenses incurred in imposing and collecting the ecosystem conservation charge pursuant to the latter part of Article 46 (5) of the Act, he or she shall use it within 10/100 of the collected ecosystem conservation charge and its additional dues. <Amended on Jan. 6, 2022> |
[Title Amended on Jan. 6, 2022]
| Article 44 (Details of Authorization and Permission for Projects to Be Notified) |
"Other content of authorization and permission prescribed by Presidential Decree" in Article 47 (1) of the Act means any of the following: <Amended on Jan. 6, 2022> | 1. | The damaged area of an ecosystem, which serves as the basis for the calculation of the ecosystem conservation charge; |
[Title Amended on Jan. 6, 2022]
| Article 45 (Other Usages of Ecosystem Conservation Charge) |
"Projects ... prescribed by Presidential Decree" in subparagraph 14 of Article 49 of the Act means any of the following projects: <Amended on Nov. 15, 2007; Sep. 23, 2013; May 21, 2018> | 1. | Deleted; <Sep. 23, 2013> |
| 2. | Survey or conservation projects of the natural assets of the specific islands and remote areas; |
| 3. | Projects to restore a damaged or severed ecological axis; |
[Title Amended on Jan. 6, 2022]
| Article 46 (Scope of Natural Environment Conservation Projects and Refund of Ecosystem Conservation Charge) |
| (1) | "Natural environment conservation project, such as creation of alternative nature and restoration of the ecosystem, prescribed by Presidential Decree" in the main clause of Article 50 (1) of the Act means any of the following projects: Provided, That the same shall not apply to any project implemented as part of a project subject to ecosystem conservation charge referred to in Article 46 (2) of the Act: <Amended on Jan. 6, 2022> |
| 1. | Projects for the creation of sub-ecosystems referred to in subparagraph 6 of Article 2 of the Act; |
| 2. | Projects for the creation of ecological corridors referred to in subparagraph 9 of Article 2 of the Act; |
| 3. | Projects for the creation of alternative nature referred to in subparagraph 11 of Article 2 of the Act; |
| 4. | Projects for the installation of facilities for the conservation and utilization of the natural environment referred to in Article 38 of the Act; |
| 5. | Other projects for the restoration of a damaged ecosystem. |
| (2) | A person who intends to obtain approval from the Minister of Environment in accordance with Article 50 (1) of the Act shall file an application for approval with the Minister of Environment along with documents prescribed by Ordinance of the Ministry of Environment. |
| (3) | The qualifications for the agent of a natural environment conservation project referred to in Article 50 (1) of the Act (hereinafter referred to as "agent of a natural environment conservation project") shall be listed in the attached Table 3. <Newly Inserted on Nov. 15, 2007> |
| (4) | Where an application for approval is filed pursuant to paragraph (2), the Minister of Environment shall decide on whether to grant such approval and notify the applicant thereof within 30 days. <Amended on Nov. 15, 2007> |
| (5) | Where a project for which an application for approval is filed in accordance with paragraph (2) is deemed to lack any effects and validity for the project's implementation as it causes damage to natural ecosystems, or yields an insignificant contribution to the restoration, the Minister of Environment may not grant approval thereto. <Amended on Nov. 15, 2007> |
| (6) | Where a business operator or the agent of a natural environment conservation project who has obtained approval pursuant to paragraph (4) intends to receive the refund of the ecosystem conservation charge pursuant to Article 50 (1) of the Act, he or she shall file an application with the Minister of Environment therefor along with documents prescribed by Ordinance of the Ministry of Environment, after commencing the project for which approval has been granted: Provided, That where he or she files an application for the refund before completing the relevant project, the following requirements shall be satisfied: <Amended on Nov. 15, 2007; Oct. 29, 2012; May 21, 2018; Jan. 6, 2022> |
| 1. | He or she shall submit a surety insurance policy issue by an insurance company defined in subparagraph 6 of Article 2 of the Insurance Business Act that guarantees the execution of the amount, an application for the refund of which is filed; |
| 2. | The refunds are received less than twice. |
| (7) | Where an application referred to in paragraph (6) is filed, the Minister of Environment shall notify the applicant of the results thereof within 30 days. <Amended on Nov. 15, 2007> |
| (8) | The amount of the ecosystem conservation charge, which is refundable to a business operator or the agent of a natural environment conservation project who has obtained approval pursuant to paragraph (4), shall be classified as follows: Provided, That such amount shall not exceed 50/100 of the ecosystem conservation charge paid pursuant to Article 46 (3) of the Act: <Amended on Nov. 15, 2007; Oct. 29, 2012; May 21, 2018; Jan. 6, 2022> |
| 1. | Before completion of the approved project: The amount, the refund of which is applied pursuant to paragraph (6) within the range of 70/100 of the approved project expense; |
| 2. | After completion of the approved project: The amount invested in the approved project (if there is any ecosystem conservation charge refunded pursuant to subparagraph 1 in relation to the relevant project, the relevant amount shall be excluded herefrom). |
| (9) | The Minister of Environment shall check whether a project, approval for which has been granted pursuant to paragraph (4), is appropriately executed, and if the approval conditions are not satisfied, he or she may take necessary measures, such as a partial reduction in the amount calculated under paragraph (8) in accordance with the standards prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 15, 2007; Sep. 23, 2013> |
[Title Amended on Jan. 6, 2022]
| Article 47 (Matters of Cooperation by Relevant Agencies) |
"Matters prescribed by Presidential Decree" in the main clause of Article 51 (1) of the Act means the following: <Amended on Feb. 29, 2008; Dec. 29, 2010; Mar. 23, 2013; Jul. 2, 2019> | 1. | Conservation of important habitats and prevention of habitat fragmentation, or the construction of ecological corridors or sub-ecosystems for the restoration of ecosystems already extinct or apprehended to be on the verge of extinction; |
| 2. | Full recovery of nature in the first grade zone on an ecology and nature map, which is being severely damaged or faces potential damage; |
| 3. | Conservation and promotion of biodiversity in natural parks and urban parks, or measures for the reasonable use of the nature; |
| 6. | Prevention of damage to and conservation of natural scenery in an area of ecological and scenic value; |
| 7. | Promotion of biodiversity in the management of rivers, roads, and cities, and the utilization of ecosystem technology; |
| 8. | Prevention of the influx of foreign fauna and flora which cause damage to the domestic ecosystem in the course of importing seeds, timbers, etc. from abroad; |
| 9. | Development and application of biological pesticides, reduction in the use of agrichemicals, and the development of highly productive environmental farming methods; |
| 10. | Development of nature-friendly methods for the destruction of vermin; |
| 11. | Designation of green areas and scenic zones; |
| 12. | Matters concerning dredging in public waters, such as changes in a plan for picking aggregate; |
| 13. | Betterment of the natural environment deteriorated due to environmental pollution and the installation of various kinds of facilities; |
| 14. | Revocation of permission to occupy and use rivers, suspension or alteration of river construction, or transfer or removal of structures; |
| 15. | Revocation of permission to occupy and use public waters, suspension of or restriction on the use of public waters, and reconstruction or removal of facilities, etc.; |
| 16. | Other matters requested by the Minister of Environment or the Minister of Land, Infrastructure and Transport for the conservation and sustainable use of the natural environment. |
| Article 48 (Claim for Compensation for Loss) |
| (1) | Any person who intends to claim compensation for loss pursuant to Article 53 (1) of the Act shall submit to the Minister of Environment or the Mayor/Do Governor a written claim for compensation for loss specifying the matters in the following subparagraphs along with documentary evidence concerning the loss cost filing: <Amended on Apr. 4, 2007> |
| 1. | The name and address of the claimant; |
| 2. | The time and place of loss; |
| 4. | The amount and details of loss, and the method of calculation. |
| (2) | Upon receiving a claim for compensation for loss pursuant to paragraph (2), the Minister of Environment or the Mayor/ Do Governor shall notify the claimant of the matters in the following subparagraphs: <Amended on Apr. 4, 2007> |
| 1. | The period and method of negotiations; |
| 2. | The time, method and procedures for compensation. |
| Article 49 (Application for Adjudication on Compensation for Loss) |
Any person who intends to apply for adjudication to the Land Expropriation Committee pursuant to Article 53 (3) of the Act shall submit to the competent Land Expropriation Committee a written application for adjudication in which the matters of the following subparagraphs are stated as prescribed by Ordinance of the Ministry of Environment: <Amended on Apr. 4, 2007> | 1. | The name and address of the applicant for adjudication; |
| 3. | The fact on the occurrence of the loss; |
| 4. | The amount and details of the loss; |
| 5. | The details of negotiation. |
| Article 50 (Honorary Instructors of Conservation of Natural Environment) |
| (1) | The term of office for an honorary instructor of conservation of the natural environment (hereinafter referred to as an "honorary instructor") pursuant to the provisions of Article 58 of the Act shall be two years. |
| (2) | The Minister of Environment or the head of a local government shall commission honorary instructors upon applications of persons who intend to be honorary instructors pursuant to Article 58 of the Act or upon recommendations of the Korean Association for Conservation of Nature pursuant to Article 55 of the Act. <Amended on Apr. 4, 2007> |
| (3) | The scope of activities of honorary instructors shall be as contained in the following subparagraphs: |
| 1. | Publicity and directions for the conservation of the natural environment; |
| 2. | Guidance on the activities damaging the natural environment and reporting them to the relevant agencies; |
| 3. | Suggestions for the operation of facilities for the conservation and use of the natural environment, and of natural repose area. |
| (4) | The Minister of Environment or the head of a local government may help support the expenses incurred in the activities of honorary instructors within budgetary limits. <Amended on Apr. 4, 2007> |
| Article 51 Deleted. <Jan 26, 2012> |
| Article 52 (Delegation of Authority) |
| (1) | The Minister of Environment shall delegate the following authority to the Mayor/Do Governor pursuant to Article 61 of the Act: <Amended on Sep. 23, 2013; Jan. 6, 2022> |
| 1. | The purchase of land, etc. located in ecological and scenery conservation areas, etc. referred to in Article 19 of the Act; |
| 3. | Receipt of notification on the details of authorization, permission, etc. under Article 47 (1) of the Act, and issuance of notification of the imposition amount, payment deadline, etc. of the ecosystem conservation charge under Article 47 (2); |
| (2) | The Minister of Environment shall delegate the following authority to the head of a watershed environmental management office or the head of a regional environmental management office (hereinafter referred to as "head of a regional environmental management agency") pursuant to Article 61 (1) of the Act: <Amended on Jan. 26, 2012; Sep. 23, 2013; May 21, 2018; Jan. 6, 2022> |
| 1. | Consultations on major policies or plans referred to in Article 7 of the Act (limited to matters which the head of the relevant central administrative agency has delegated to the head of a local government or the head of a regional branch under the control of the relevant agency); |
| 2. | Formulation and execution of a basic plan for management of ecological and scenery conservation areas referred to in Article 14 of the Act; |
| 5. | Orders, such as the suspension of activities, restoration to the original state within an ecological and scenery conservation area, or the creation of alternation nature referred to in Article 17 of the Act; |
| 7. | Deleted; <May 21, 2018> |
| 9. | Formulation and implementation of measures for the protection and restoration of the ecosystem referred to in Article 44 of the Act; |
| 10. | Appointment of honorary instructors for conservation of the natural environment referred to in Article 58 of the Act; |
| 11. | Employment and utilization of guides on the natural environment referred to in Article 59 of the Act; |
| 13. | Confirmation on whether a project under Article 46 (9) is executed appropriately. |
| (3) | Deleted. <Apr. 4, 2007> |
| Article 52-2 (Entrustment of Business) |
The Minister of Environment shall entrust the following business to the National Institute of Ecology under the Act on the Establishment and Management of the National Institute of Ecology, pursuant to Article 61 (2) of the Act: <Amended on May 21, 2018> [This Article Newly Inserted on Dec. 11, 2013]
Where the Mayor/Do Governor or the head of a regional environmental management agency has managed affairs delegated pursuant to Article 52, he or she shall report the details thereof to the Minister of Environment as prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 4, 2007; May 21, 2018; Jan. 6, 2022>
| Article 53-2 (Processing of Personally Identifiable Information) |
| 1. | Business affairs regarding permission for an act in an ecological and scenery conservation area referred to in Article 15 (2) 4 of the Act; |
| 3. | Business affairs regarding support for the installation of private sewage treatment facility and night soil treatment facility referred to in Article 20 (1) of the Act; |
| 4. | Deleted; <May 21, 2018> |
| 5. | Business affairs regarding the imposition and collection of the ecosystem conservation charge referred to in Article 46 of the Act; |
| 6. | Business affairs regarding notification of authorization and permission, etc. for projects subject to the ecosystem conservation charge referred to in Article 47 of the Act; |
| 7. | Business affairs regarding approval of projects subject to the return of the ecosystem conservation charge (including consent on the return of the ecosystem conservation charge) and business affairs regarding assistance to the return of the ecosystem conservation charge referred to in Article 50 of the Act; |
| 8. | Business affairs regarding compensation for losses and adjudication referred to in Article 53 of the Act. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 53-3 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the amount to be imposed per unit area for the ecosystem conservation charge and the regional coefficient under Article 38 (1) and (2) every two years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every second year), and shall take measures, such as making improvements. <Amended on Jan. 6, 2022> [This Article Wholly Amended on Dec. 30, 2016]
| Article 54 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Mar. 29, 2011]
ADDENDUM <Presidential Decree No. 19245, Dec. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 2006. |
| (3) | (Relationship with other Acts and Subordinate Statutes) Where the former Enforcement Decree of the Natural Environment Conservation Act or the provisions thereof have been cited in other Acts and subordinate statutes at the time this Decree enters into force, the corresponding clause of this Decree, which such provision exists herein, shall be deemed to have been cited. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19991, Apr. 4, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 5, 2007.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20256, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20386, Nov. 15, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2007.
Article 2 (Applicability concerning Imposition and Collection of Cooperation Charge for Ecosystem Conservation)
The amended provisions of Article 38 (3) and (4) shall apply beginning with the project on which it is imposed for the first time after this Decree enters into force.
Article 3 (Transitional Measures concerning Projects Subject to Imposition of Cooperation Charge for Ecosystem Conservation for Opencut Prospecting or Mining Business)
Notwithstanding the amended provisions of Article 36, the former provisions shall apply to a business which has obtained approval of mining plans under Article 42 of the Mining Industry Act or to a business which has obtained permission, etc. under Article 43 of the same Act at the time when this Decree enters into force.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20763, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall come into effect on November 1, 2008, Articles 24 through 26 shall take effect on January 1, 2010, Article 29 shall go into effect on July 1, 2009, and Article 48 shall become effective on January 1, 2013.
Article 2 (Transitional Measures Following Amendment to Decree on Disciplinary Punishment of Public Officials)
| (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee under the former Decree on the Disciplinary Punishment of Public Officials before the amendment commences at the time this Decree enters into force shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | Any request for the resolution of disciplinary punishment received by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the former Decree on the Disciplinary Punishment of Public Officials before the amendment commences at the time this Decree enters into force shall be deemed to have been received by the Central Disciplinary Committee under this Decree. |
| (3) | Any resolution passed by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the former Decree on the Disciplinary Punishment of Public Officials before the amendment commences at the time this Decree enters into force shall be deemed a resolution passed by the Central Disciplinary Committee under this Decree. |
| (4) | Any member of the Second Central Disciplinary Committee under the former Decree on the Disciplinary Punishment of Public Officials before the amendment commences at the time this Decree enters into force shall be deemed to have been appointed or commissioned as a member of the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures Following Amendment to Enforcement Decree of the Framework Act on Logistics Policies)
Matters conducted by the Minister of Land, Transport and Maritime Affairs by going through deliberations and resolutions by the Examination Board for Distribution Administrators pursuant to the former Enforcement Decree of the Framework Act on Logistics Policies before the amendment commences at the time this Decree enters into force shall be deemed to have been conducted by the Minister of Land, Transport and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22073, Mar. 9, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 10, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22556, Dec. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Feb. 5, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22736, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Where the criteria for the imposition of administrative fines apply to an offense committed before this Decree enters into force, the previous examples shall apply, notwithstanding the amended provisions of the attached Table 4. |
| (2) | The disposition of the imposition of an administrative fine for an offense committed before this Decree enters into force shall be included in the calculation of the number of offenses referred to in the amended provisions of the attached Table 4. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23559, Jan. 26, 2012>
This Decree shall enter into force on January 29, 2012.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23967, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24001, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24762, Sep. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition of Cooperation Charges for Ecosystem Conservation)
The amended provisions of Article 36 (1) shall apply, starting with the first project to which authorization, permission, etc. is granted or the first project a plan for which is established or confirmed (limited to projects which are not required to obtain authorization, permission, etc.) after this Decree enters into force.
Article 3 (Applicability to Grant, etc. of Expenses for Imposition and Collection of Cooperation Charges for Ecosystem Conservation)
| (1) | The amended provisions of Article 43 (1) shall apply, starting with the amount to be granted in 2014. |
| (2) | The amended provisions of Article 43 (2) shall apply, starting with the first use of the amount granted in 2014. |
ADDENDUM <Presidential Decree No. 24997, Dec. 11, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25273, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25713, Nov. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25837, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015: Provided, That the amended provisions of subparagraph 2 of attached Table 4 shall enter into force on the date of promulgation.
Article 2 (Applicability to Imposition of Cooperation Charges for Ecosystem Conservation)
The amended provisions of Article 38 (1) shall apply, starting with the first project to which authorization, permission, etc. is granted or the first project a plan for which is established or confirmed (limited to projects which are not required to obtain authorization, permission, etc.) after this Decree enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
The disposition of an administrative fine imposed for a violation committed before this Presidential Decree enters into force shall be included in calculation of the number of violations pursuant to the amended provisions of item (b) of subparagraph 2 of attached Table 4.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2014.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28896, May 21, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 29, 2018.
Article 2 (Transitional Measures concerning Refund of Cooperation Charge for Ecosystem Conservation)
Notwithstanding the amended provisions of Article 46 (6) and (8), the former provisions shall apply where an application for the refund of the Cooperation Charge for the Ecosystem Conservation is filed before this Decree enters into force.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 29310, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31872, Jul. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2021.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 32327, Jan. 6, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 6, 2022.
Article 2 (Applicability Following Change of Regional Coefficient of Ecosystem Conservation Charge)
The amended provisions of Article 38 (2) and attached Table 2-4 shall begin to apply where a business operator conducting business subject to the ecosystem conservation charge under Article 46 (1) and (2) of the Act requests a consultation, re-consultation, or consultation on modification of, a strategic environmental impact assessment, environmental impact assessment, or small-scale environmental impact assessment under the Environmental Impact Assessment Act, or obtains authorization for an extraction plan under Article 42 of the Mining Industry Act or permission, etc. under Article 43 (1) of the same Act, after this Decree enters into force.
Article 3 (Applicability to Increased Ratio of Refund of Ecosystem Conservation Charge)
The amended provisions of Article 46 (8) 1 shall begin to apply where any grounds for the refund of the ecosystem conservation charge under Article 50 (1) of the Act arise after this Decree enters into force.