No. 20385
Promulgation Date 2024-03-19
Ministry of Climate, Energy and Environment
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 3 (Principle of good faith)
CHAPTER II ENVIRONMENTAL DISPUTE RESOLUTION AND DAMAGE RELIEF COMMISSION AND COMMITTEES
SECTION 1 Common provisions
Article 4 (Establishment of environmental dispute resolution and damage relief committees)
Article 5 (Business affairs under jurisdiction of Commission or committees)
Article 6 (Jurisdiction)
Article 7 (Transfer of business affairs under jurisdiction)
SECTION 2 Organization
Article 8 (Composition of Commission or committees)
Article 9 (Appointment and commissioning of members of Commission or committees)
Article 10 (Duties of chairpersons)
Article 11 (Grounds for disqualification)
Article 12 (Security of tenure)
Article 13 (Expert members)
Article 14 (Administrative body)
SECTION 3 Meetings
Article 15 (Composition of plenary session of National Commission)
Article 16 (Subcommittees)
Article 17 (Presiding members)
Article 18 (Service of resolution results)
Article 19 (Service by publication)
Article 20 (Reporting and hearing of opinions)
Article 21 (Nondisclosure of procedures)
Article 22 (Exclusion of, challenge to, or recusal of, members)
SECTION 4 Authority
Article 23 (Request for cooperation from relevant agencies)
Article 24 (Referral procedures)
Article 25 (Establishment of rules)
CHAPTER III INVESTIGATIONS INTO HEALTH DAMAGE
Article 26 (Investigation into health damage according to decision of chairperson)
Article 27 (Investigation into health damage upon petition)
Article 28 (Nonacceptance of petitions)
Article 29 (Financial and technical assistance)
CHAPTER IV ENVIRONMENTAL DISPUTE RESOLUTION
SECTION 1 Common provisions
Article 30 (Applications for resolution)
Article 31 (Recommendation for settlement)
Article 32 (Dismissal of applications without prejudice)
Article 33 (Selected representatives)
Article 34 (Participation)
Article 35 (Correction of respondents)
Article 36 (Agents)
Article 37 (Objection to interim decisions)
Article 38 (Delegation of resolution procedures)
Article 39 (Applications for resolution by environmental organizations)
Article 40 (Relationship to the State Compensation Act)
Article 41 (Resolution costs)
Article 42 (Provisions applicable mutatis mutandis)
SECTION 2 Facilitation
Article 43 (Designation of facilitators)
Article 44 (Duties of facilitators)
Article 45 (Discontinuation of facilitation)
SECTION 3 Mediation
Article 46 (Ex officio mediation)
Article 47 (Designation of mediators)
Article 48 (Investigative powers of mediation committees)
Article 49 (Request for appearance of parties)
Article 50 (Conclusion of mediation)
Article 51 (Mediation decisions)
Article 52 (Cases where mediation need not be conducted)
Article 53 (Termination of mediation)
Article 54 (Effect of mediation)
Article 55 (Application mutatis mutandis of the Judicial Conciliation of Civil Disputes Act)
SECTION 4 Adjudication
Article 56 (Types of adjudication)
Article 57 (Designation of adjudicators)
Article 58 (Hearings)
Article 59 (Investigative powers of adjudication committees)
Article 60 (Preservation of evidence)
Article 61 (Adjudication)
Article 62 (Restoration to original state)
Article 63 (Effect of adjudication)
Article 64 (Referral to mediation)
Article 65 (Withdrawal of applications for adjudication)
Article 66 (Interruption of prescription)
Article 67 (Relationship to lawsuits)
SECTION 5 Arbitration
Article 68 (Designation of arbitrators)
Article 69 (Hearings by arbitral tribunals)
Article 70 (Effect of arbitration)
Article 71 (Application mutatis mutandis of the Arbitration Act)
SECTION 6 Resolution of environmental dispute involving multiple persons
Article 72 (Applications for resolution of environmental disputes involving multiple persons)
Article 73 (Requirements for permission)
Article 74 (Concurrent applications)
Article 75 (Decision to grant permission)
Article 76 (Supervision of representative parties)
Article 77 (Public announcement)
Article 78 (Applications for participation)
Article 79 (Effect)
Article 80 (Prohibition of filing new resolution applications on same environmental dispute)
Article 81 (Application mutatis mutandis of resolution procedures)
Article 82 (Distribution)
Article 83 (Details to be stated in distribution plans)
Article 84 (Criteria for distribution)
Article 85 (Deduction)
Article 86 (Public announcement of distribution plans)
Article 87 (Modification of distribution plans)
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 88 (Delegation of authority)
Article 89 (Legal fiction as public officials for purposes of applying penalty provisions)
CHAPTER VI PENALTY PROVISIONS
Article 90 (Penalty provisions)
Article 91 (Joint penalty provisions)
Article 92 (Administrative fines)
ADDENDA <Act No. 20385, Mar. 19, 2024>