ACT ON WATER MANAGEMENT AND RESIDENTS SUPPORT IN THE NAKDONG RIVER BASIN
Act No. 6606, Jan. 14, 2002
Amended by Act No. 6655, Feb. 4, 2002
Act No. 6656, Feb. 4, 2002
Act No. 6916, May 29, 2003
Act No. 7016, Dec. 30, 2003
Act No. 7292, Dec. 31, 2004
Act No. 7459, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 8010, Sep. 27, 2006
Act No. 8014, Sep. 27, 2006
Act No. 8351, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8466, May 17, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8807, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8970, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9310, Dec. 31, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9758, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10616, Apr. 28, 2011
Act No. 10893, Jul. 21, 2011
Act No. 11020, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11862, jun. 4, 2013
Act No. 11915, Jul. 16, 2013
Act No. 11979, Jul. 30, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12367, Jan. 28, 2014
Act No. 12457, Mar. 18, 2014
Act No. 12519, Mar. 24, 2014
Act No. 13603, Dec. 22, 2015
Act No. 13796, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
Act No. 13879, Jan. 27, 2016
Act No. 13873, Jan. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15095, Nov. 28, 2017
Act No. 17091, Mar. 24, 2020
Act No. 17814, Dec. 31, 2020
Act No. 18169, May 18, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve the water quality of the Nakdong River basin by properly managing and controlling water resources and sources of pollution in the Nakdong River basin and by efficiently promoting improvements of the water quality in the upper region of the water sources in the river basin and programs for supporting residents in that region.
[This Article Wholly Amended on Dec. 27, 2007]
The terms used in this Act are defined as follows: <Amended on Jul. 16, 2013; Jul. 30, 2013; Jan. 27, 2016; Jan. 17, 2017; May 18, 2021>
| 3. | The term "pollution load" means the volume of water pollutants and specific substances harmful to water quality defined in subparagraphs 7 and 8 of Article 2 of the Water Environment Conservation Act (hereinafter referred to as "pollutants"), expressed by weight; |
| 4. | The term "environmental infrastructure facilities" means the following facilities: |
| (b) | Public sewage treatment plants defined in subparagraph 9 of Article 2 of the Sewerage Act (hereinafter referred to as "public sewage treatment plants"); |
| (f) | Other facilities specified by Presidential Decree to prevent water pollution; |
| 5. | The term "water-source management area" means any of the following zones and areas: |
| (b) | Riparian zones designated and publicly notified under Article 4; |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to the Nakdong River basin and all areas outside the Nakdong River basin in which tap water drawn from the Nakdong River basin is used (hereafter referred to as "areas outside the river basin" in this paragraph): Provided, That the provisions of Chapters II through IV shall not apply to such areas outside the river basin. |
| (2) | The specific extent of the Nakdong River basin governed by this Act pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 27, 2007]
CHAPTER II DESIGNATION, MANAGEMENT, ETC. OF RIPARIAN ZONES
| Article 4 (Designation of Riparian Zones, Cancellation of such Designation, etc.) |
| (1) | In order to preserve the water quality of the Nakdong River basin, the Minister of Environment shall designate and publicly notify the areas deemed to significantly affect water quality as riparian areas, among the areas around the dams used as water sources (based on the planned flood water level) and the upper areas of such dams within a radius specified by Presidential Decree. |
| (2) | In designating an area as a riparian zone, the Minister of Environment shall designate an area within a 500-meter radius from a dam or the boundary of a river that flows into such a dam (excluding tributaries flowing into the river) and shall exclude any of the following areas from the riparian zone: <Amended on Apr. 14, 2011; Jan. 28, 2014> |
| 1. | A water-source protection area; |
| 7. | An area in which a rural village is naturally formed and meeting the criteria prescribed by Presidential Decree. |
| (3) | If a riparian zone designated and publicly notified pursuant to paragraph (1) (hereinafter referred to as "riparian zone") falls under any subparagraph of paragraph (2) 1 through 4, the Minister of Environment shall cancel the designation of the riparian zone pursuant to the procedures prescribed by Presidential Decree: Provided, That where an area designated as a riparian zone pursuant to paragraph (1) is included in the treatment-required area defined in subparagraph 15 of Article 2 of the Sewerage Act on either of the following grounds, the designation of the riparian zone shall not be cancelled, notwithstanding paragraph (2): <Amended on Jan. 28, 2014> |
| 1. | Where all or part of a public sewage treatment plant is installed as part of a resident support program under Article 23 (1); |
| 2. | Where the head of a local government has installed a public sewage treatment plant in some areas of a riparian zone on condition that the designation of the riparian zone shall not be cancelled to improve water quality, or for other reasons. |
| (4) | If the Minister of Environment intends to designate an area as a riparian zone, he or she shall organize a survey team comprised of public officials from related central administrative agencies and the competent local government, experts, and representatives of residents to conduct a field survey on the actual conditions of the area, and consult with the competent Metropolitan City Mayor or Do Governor (hereinafter referred to as the "Mayor/Do Governor"). |
| (5) | The Minister of Environment shall manage riparian zones appropriately, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 27, 2007]
[Title Amended on Jan. 28, 2014]
| Article 4-2 (Formulation and Implementation of Master Plans to Manage Riparian Zones) |
| (1) | The Minister of Environment shall formulate and implement a master plan to manage riparian zones designated pursuant to Article 4 (1) every five years (hereinafter referred to as "master plan to manage riparian zones"), which shall include the following matters, subject to prior deliberation thereon by the Nakdong River Basin Management Committee established under Article 37: |
| 1. | Medium and long-term plans to manage riparian zones; |
| 2. | A plan to develop riparian ecological belts, including riparian greenbelts; |
| 3. | The current status of, and a plan for, the purchase of land in riparian zones, and other matters specified by Ordinance of the Ministry of Environment. |
| (2) | Procedures for formulating master plans to manage riparian zones, the time period for formulating such plans, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 27, 2007]
| Article 4-3 (Formulation, Execution, etc. of Implementation Plans to Develop Riparian Ecological Belts) |
| (1) | Where the Minister of Environment intends to execute a project to develop a riparian ecological belt in accordance with the plan to develop riparian ecological belts referred to in Article 4-2 (1) 2, he or she shall formulate an implementation plan therefor, including the following matters (hereinafter referred to as "implementation plan to develop riparian ecological belts"): |
| 1. | Locations and sizes of the areas subject to development; |
| 2. | Period and schedule for development; |
| 3. | Types of facilities to be installed and methods of development; |
| 4. | Other matters prescribed by Presidential Decree regarding the implementation of projects to develop the riparian ecological belt. |
| (2) | The Minister of Environment shall hear opinions of the heads of the related central administration agencies and the Mayors/Do Governors or the heads of Sis/Guns/Gus (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the area subject to development, to formulate an implementation plan to develop riparian ecological belts. |
| (3) | Where the Minister of Environment formulates or amends an implementation plan to develop riparian ecological belts, he or she shall publicly notify the details thereof: Provided, That the same shall not apply to an amendment to minor matters prescribed by Presidential Decree. |
| (4) | Except as provided in paragraphs (1) through (3), procedures for formulating implementation plans to develop riparian ecological belts, the time period for formulating such plans, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 5 (Restrictions on Activities within Riparian Zones) |
| (1) | No one shall newly install (including altering the purpose of use; the same shall apply hereafter in this Article) any of the following facilities in any riparian zone: <Amended on Feb. 6, 2009; Jan. 28, 2014; Jan. 19, 2016; Jan. 17, 2017; May 18, 2021> |
| 3. | Facilities for operating any of the following businesses: |
| 6. | Any of the following facilities: |
| (2) | Notwithstanding paragraph (1), the Minister of Environment may permit the installation of any of the following facilities in a riparian zone, as prescribed by Presidential Decree if deemed that such facilities will not compromise the quality of water resources: Provided, That he or she may permit the installation of facilities referred to in subparagraphs 2 and 3 only in areas prescribed by Ordinance of the Ministry of Environment within the riparian zone: <Amended on Jan. 28, 2014> |
| 1. | A wastewater discharge facility temporarily installed to perform a tunnel construction project for constructing a road or railroad; |
| 3. | A facility referred to in any item of paragraph (1) 3 or any of subparagraphs 4 through 7 of paragraph (1) for treating wastewater to lower the biochemical oxygen demand and the suspended solids so as not to exceed ten milligrams per liter; |
| (3) | No head of any related administrative agency shall designate any area within a riparian zone as a new specific-use area or district which is likely to make development activities necessary, or deteriorate water quality or alter a specific-use area or district to that effect: Provided, That the foregoing shall not apply where necessary for military purposes or in exceptional circumstances prescribed by Presidential Decree for improving water quality, with the consent of the Minister of Environment. <Amended on Jan. 28, 2014> |
| (4) | The manager of a facility, etc. referred to in paragraph (1) 3 through 8 already installed as at the time a riparian zone is designated and publicly notified shall treat wastewater to lower the biochemical oxygen demand and the suspended solids so as not to exceed ten milligrams per liter, respectively, before discharging such wastewater, from the day following the third anniversary of such designation and public notice. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 6 (Control of Sources of Water Pollution in River Areas, etc.) |
| (2) | In order to ascertain compliance with the standards referred to in paragraph (1), and to prevent water pollution in river areas and water-source management areas, a Metropolitan City Mayor, a Do Governor, or the head of a Si/Gun (including the head of a Gun within the jurisdiction of a Metropolitan City) or Gu may engage in activities prescribed by Ordinance of the Ministry of Environment, such as investigating and regulating the use of pesticides and fertilizers. <Newly Inserted on Jan. 28, 2014> |
| (3) | The head of a related administrative agency shall attach a condition that a facility for removing or reducing pollutants be installed or a greenbelt be created, when granting approval or a permit for any of the following activities in a river adjacent area within a radius specified by Presidential Decree from the boundary of the main stream of Nakdong River or a tributary flowing directly into the river: <Amended on Aug. 4, 2011; Jan. 28, 2014; May 18, 2021> |
| 4. | Construction of a building or facility of at least the size specified by Presidential Decree. |
| (4) | Standards for the installation of facilities for removing or reducing pollutants or for creating greenbelts under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 28, 2014> |
| (5) | No head of any related administrative agency shall grant any of the following approval, etc. to a person who has obtained approval, a permit, etc. pursuant to paragraph (3) if the person fails to fulfill any of the conditions attached thereto: <Amended on Mar. 21, 2008; Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 7 (Designation of Water-Source Protection Areas, etc.) |
| (1) | Where the annual average water quality of raw water taken from a water intake facility (referring only to a water intake facility for wide-area waterworks or local waterworks defined in subparagraph 7 or 8 of the Water Supply and Waterworks Installation Act; the same shall apply hereafter in this Article) falls below the standards prescribed by Presidential Decree, the competent Mayor/Do Governor shall designate an area that meets the designation criteria prescribed by Ordinance of the Ministry of Environment in a watershed (referring to public waters defined in subparagraph 9 of Article 2 of the Water Environment Conservation Act for rain catchment surrounded by a series of encompassing ridges; the same shall apply hereinafter) upstream of the water intake facility as a water-source protection area, notwithstanding Article 7 of the Water Supply and Waterworks Installation Act: Provided, That the forgoing shall not apply to any watershed in a river (referring to a tributary that flows directly into the river or the lake and marsh at which a water intake facility is installed) with its annual average water quality exceeding the water quality of the raw water taken from a water intake facility. <Amended on Jan. 17, 2017> |
| (2) | The method of measuring the annual average water quality under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | When the Mayor/Do Governor designates or alters a water-source protection area pursuant to paragraph (1), he or she shall publicly announce such without delay, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 8 (Purchase of Land, etc.) |
| (1) | Where the owner of a parcel of land in a water-source management area or other area specified by Ordinance of the Ministry of Environment deemed to significantly affect the quality of water sources, or any fixture thereon (hereinafter referred to as "land, etc.") intends to sell the land, etc. to the State, the State may purchase it from the Nakdong River Basin Management Fund established under Article 33 (hereinafter referred to as the "Fund") and utilize it to improve the water quality of the Nakdong River basin, such as by developing riparian ecological belts. <Amended on Jan. 28, 2014> |
| (2) | The purchase price as at the time the State purchases land, etc. pursuant to paragraph (1) shall be an amount appraised on the basis of the officially announced land value under the Act on the Public Announcement of Real Estate Values, taking into consideration the location, form, environs, and current status of use, of the land: Provided, That the State may determine the purchase price on the basis of the compensation for land or business losses, etc. under the Act on Acquisition of and Compensation for Land for Public Works Projects if: <Amended on Jan. 28, 2014; Jan. 19, 2016> |
| 1. | the State intends to purchase land, etc. in the area for which a plan to develop riparian ecological belts has been formulated under Article 4-2 (1) 2; |
| 2. | the State intends to purchase any adjacent land, etc. located within a 200-meter radius from the boundary of a river or lake and marsh and to be sold jointly by many persons, as prescribed by Presidential Decree. |
| (3) | The State shall not sell any land, etc. purchased pursuant to paragraph (1) or alter the use of the land to any specific-use, other than woodland or greenbelts: Provided, That the foregoing shall not apply where the State has reached prior agreement with the Nakdong River Basin Management Committee provided for under Article 37. |
| (4) | The State shall deposit the revenue accruing from the land, etc. purchased pursuant to paragraph (1) into the Fund. |
| (5) | The procedure for purchasing land, etc. pursuant to paragraphs (1) and (2), determination of the order of priority in purchasing such land, etc., the method of, and timing for, calculating purchase prices, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
CHAPTER III ENFORCEMENT OF TOTAL POLLUTION LOAD CONTROL SYSTEM
| Article 9 (Formulation, etc. of Basic Policy to Control Total Pollution Load) |
| (1) | The Minister of Environment shall determine and publicly notify the target water quality of each section of the Nakdong River basin, based on the current status of the use of the river basin and the current conditions of water quality, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to an area for which the competent Mayor/Do Governor publicly announces the target water quality of each section of the river basin within the jurisdiction of a Metropolitan City/Do with approval from the Minister of Environment, as prescribed by Presidential Decree, in order to achieve the target water quality on the boundary between Metropolitan Cities/ Dos determined and publicly notified by the Minister of Environment. |
| (2) | In order to use land in an environmentally friendly manner and achieve and maintain the target water quality under paragraph (1), the Minister of Environment shall formulate a basic policy to control the total pollution load (hereinafter referred to as "basic policy to control the total pollution load"), subject to prior consultation with the Nakdong River Basin Management Committee provided for under Article 37, and notify the related Mayors/Do Governors of the basic policy. |
| (3) | The basic policy to control the total pollution load shall include: <Amended on Jan. 27, 2016> |
| 1. | Goals of total pollution load control; |
| 2. | Types of pollutants subject to total pollution load control; |
| 3. | The period of a master plan for total pollution load control formulated under Article 10 and the period of an enforcement plan for total pollution load control formulated under Article 11; |
| 3-2. | The following matters: |
| (a) | The type of a regional development plan necessary to formulate and manage a master plan for total pollution load control under Article 10 and procedures for review; |
| (b) | The type of a regional development plan necessary to formulate and manage an enforcement plan for total pollution load control under Article 11 and procedures for review; |
| 4. | The method of calculating the pollution load. |
| (4) | The Minister of Environment may request the heads of related agencies and institutions, such as related central administrative agencies, local governments, public institutions, and government-funded institutions, to submit data necessary for establishing an information system with which data necessary for implementing the total pollution load control system can be utilized efficiently. In such cases, the head of each agency or institution shall comply with the request, unless there is a compelling reason not to do so. |
| (5) | The Minister of Environment or the Mayor/Do Governor may organize and operate a survey and research team with appropriate experts, etc. in order to conduct reviews, surveys, and research on the adjustment of the pollutants subject to the total pollution load control and the target water quality of each section of the river basin, and the implementation of the total pollution load control system. <Amended on Jan. 28, 2014> |
| (6) | Matters necessary for the composition and operation of the survey and research team under paragraph (5) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 10 (Formulation, etc. of Master Plans for Total Pollution Load Control) |
| (1) | The Mayor/Do Governor shall formulate a master plan for total pollution load control, which includes the following matters, in accordance with the basic policy to control the total pollution load, and shall obtain approval thereof from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, and the same shall apply where he or she intends to amend the master plan for total pollution load control: Provided, That the foregoing shall not apply to an amendment to minor matters specified by Ordinance of the Ministry of Environment: |
| 1. | Details of the regional development plan; |
| 2. | Apportionment of the pollution load to each local government and each section of the river basin; |
| 3. | The total pollution load discharged from his or her jurisdiction and a plan for reducing the total pollution load; |
| 4. | The pollution load discharged additionally pursuant to the applicable regional development plan and a plan for reducing the pollution load. |
| (2) | The Mayor/Do Governor may hear opinions of local residents, interested persons, related experts, etc. by holding a public hearing when he or she intends to formulate or amend a master plan for total pollution load control under paragraph (1). <Newly Inserted on Jan. 28, 2014> |
| (3) | Standards for approving master plans for total pollution load control formulated under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 11 (Formulation, Implementation, etc. of Enforcement Plans for Total Pollution Load Control) |
| (1) | Each Metropolitan City Mayor and the head of each Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City; the same shall apply hereinafter) shall formulate and implement an enforcement plan for total pollution load control, which includes the following matters, in accordance with the relevant master plan for total pollution load control formulated under Article 10, as prescribed by Ordinance of the Ministry of Environment: Provided, That the foregoing shall not apply to an area in which the Minister of Environment recognizes that the target water quality under Article 9 (1) has been achieved and maintained, as prescribed by Ordinance of the Ministry of Environment: <Amended on Jan. 28, 2014; Jan. 27, 2016> |
| 1. | An annual regional development plan; |
| 2. | Apportionment of the annual pollution load to each local government and each section of the river basin; |
| 3. | An annual plan for reducing the pollution load; |
| 4. | Other matters necessary for implementing the total pollution load control system. |
| (2) | A Metropolitan City Mayor, the head of a Si/Gun may hear opinions of related experts and local residents if necessary for formulating an enforcement plan for total pollution load control under paragraph (1). <Newly Inserted on Jan. 28, 2014> |
| (3) | In order to formulate an enforcement plan for total pollution load control under paragraph (1), each Metropolitan City Mayor shall obtain approval from the head of the competent regional environmental office, as prescribed by Ordinance of the Ministry of Environment, while the head of each Si/Gun shall obtain approval as follows, pursuant to Ordinance of the Ministry of Environment, and the same shall apply to an amendment to the enforcement plan for total pollution load control: Provided, That the foregoing shall not apply to an amendment to minor matters specified by Ordinance of the Ministry of Environment: <Amended on Jan. 28, 2014> |
| 1. | For an area for which the target water quality of each section of the river basin has been publicly notified pursuant to the main clause of Article 9 (1): Approval from the head of the competent regional environmental office through the competent Do Governor; |
| 2. | For an area for which the target water quality of each section of the river basin has been publicly announced pursuant to the proviso of Article 9 (1): Approval from the competent Do Governor, subject to prior consultation with the head of the competent regional environmental office. |
| (4) | Each Metropolitan City Mayor and the head of each Si/Gun shall prepare a report evaluating the implementation of the enforcement plan for total pollution load control under paragraph (1), for the previous year (hereinafter referred to as "evaluation report") and shall submit the report to the head of the competent regional environmental office and the Nakdong River Basin Management Committee established under Article 37, as prescribed by Ordinance of the Ministry of Environment. In such cases, the head of each Si/Gun shall submit the evaluation report through the competent Do Governor. <Amended on Jan. 28, 2014> |
| (5) | Notwithstanding paragraph (4), the competent Do Governor may prepare and submit an evaluation report for a Si or Gun which exceeds the annually apportioned pollution load. <Newly Inserted on Jan. 28, 2014> |
| (6) | The head of each regional environmental office may request the head of a local government who prepared the relevant reports to prepare and take necessary measures or actions, if deemed necessary for efficiently implementing the enforcement plan for total pollution load control after reviewing the evaluation reports submitted pursuant to paragraphs (4) and (5). In such cases, the head of a local government in receipt of such request shall comply with the request, unless there is a compelling reason not to do so. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 12 (Apportionment of Pollution Load to Business Establishments, etc.) |
| (1) | If deemed necessary for achieving and maintaining the target water quality under Article 9 (1), the Minister of Environment (limited to business establishments specified by Presidential Decree; the same shall apply hereafter in this Article and Articles 13, 14, and 18) or a Metropolitan City Mayor or the head of a Si/Gun (excluding business establishments specified by Presidential Decree; the same shall apply hereafter in this Article and Articles 13, 14, and 18) may apportion a pollution load to each person specified by Ordinance of the Ministry of Environment, among persons bound to meet the following standards for discharged water quality, standards for permissible discharge or permissible discharge limits, for each final discharge outlet or for each unit period, or determine the discharge load permissible to each such person, as prescribed by Ordinance of the Ministry of Environment. In such cases, the Minister of Environment or the Metropolitan City Mayor or the head of the Si/Gun shall take measures necessary for informing interested parties of the details thereof in advance: <Amended on Dec. 22, 2015; Jan. 27, 2016; Jan. 17, 2017> |
| (2) | If the Minister of Environment intends to apportion a pollution load or determine a permissible discharge load pursuant to paragraph (1), the Minister shall consult in advance with a Metropolitan City Mayor or the head of a Si/Gun. |
| (3) | If the Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun intends to apportion a pollution load or determine a permissible discharge load pursuant to paragraph (1), he or she shall hear opinions of interested parties in advance. |
| (4) | A person to whom a pollution load or permissible discharge load has been apportioned or determined under paragraph (1) shall install and operate instruments for measuring the pollution load and discharge load in his or her business establishment, as prescribed by Ordinance of the Ministry of Environment, and shall keep and preserve the records of measurement readings conscientiously. |
| (5) | If deemed necessary to ascertain whether the apportioned pollution load or determined discharge load under paragraph (1) is observed, the Minister of Environment, a Metropolitan City Mayor, the head of a Si/Gun may require a person to whom a pollution load or discharge load has been apportioned or determined to submit a necessary report or data, and require a related public official to collect pollutants or inspect related documents, facilities, equipment, etc. upon entering the relevant facilities or business place. In such cases, the public official who enters facilities or conducts inspections shall carry a certificate of identification indicating his or her authority and present it to related persons. <Newly Inserted on Jan. 28, 2014> |
| (6) | The Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun may order a business entity to improve a pollution prevention facility or take other necessary measures, if the business entity discharges pollutants in excess of the apportioned pollution load or determined permissible discharge load under paragraph (1). <Amended on Jan. 28, 2014> |
| (7) | A person to whom an order to take measures was issued pursuant to paragraph (6) shall submit an improvement plan to the Minister of Environment or a Metropolitan City Mayor or the head of a Si/Gun, as prescribed by Ordinance of the Ministry of Environment, and shall report his or her performance to the Minister of Environment or the Metropolitan City Mayor or the head of the Si/Gun without delay upon having taken the measures as ordered. <Amended on Jan. 28, 2014> |
| (8) | Where a person to whom an order to take measures has been issued pursuant to paragraph (6) fails to take such measures as ordered, or has taken measures within the given period but it is found, as a result of an inspection, that the person continues discharging pollutants in excess of the apportioned pollution load or determined permissible discharge load under paragraph (1), the Minister of Environment or the Metropolitan City Mayor or the head of the Si/Gun may order the person to completely or partially suspend the operation of the relevant facility for a period not exceeding six months or to close the relevant facility. In such cases, an order to close a facility shall be issued only where it is found impossible to lower pollutants to the apportioned pollution load or determined permissible discharge load, even by improving or supplementing the facility. <Amended on Jan. 28, 2014> |
| (9) | The criteria for issuing orders to suspend the operation of a facility or close a facility pursuant to paragraph (8) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 13 (Penalty Surcharges for Exceeding Total Pollution Load) |
| (1) | The Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun shall levy and collect a penalty surcharge with respect to a person who has discharged pollutants in excess of the apportioned pollution load or determined permissible discharge load pursuant to Article 12 (1) (hereinafter referred to as "penalty surcharge for exceeding the total pollution load"). <Amended on Jan. 27, 2016> |
| (2) | When an effluent charge referred to in Article 15 (1) of the Act on the Integrated Control of Pollutant-Discharging Facilities or Article 41 of the Water Environment Conservation Act or a penalty surcharge referred to in Article 12 of the Act on Control and Aggravated Punishment of Environmental Offenses (referring only to a penalty surcharge levied relating to water quality) has already been levied on the relevant pollutants when levying a penalty surcharge for exceeding the total pollution load pursuant to paragraph (1), the penalty surcharge for exceeding the total pollution load shall be reduced by an amount equivalent to the effluent charge or the penalty surcharge. <Amended on Apr. 28, 2011; Jan. 28, 2014; Dec. 22, 2015; Jan. 27, 2016; Jan. 17, 2017> |
| (3) | A penalty surcharge for exceeding the total pollution load referred to in paragraph (1) shall be calculated by multiplying the benefit from the excess discharge (referring to the disposal cost saved by discharging pollutants in excess of the apportioned pollution load or determined permissible discharge load) by the levying factor applicable to each excess rate, the levying factor applicable to each region, and the levying factor applicable to the frequency of violations; and the specific method of calculation, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
| (4) | If a person obligated to pay a penalty surcharge for exceeding the total pollution load under paragraph (1) fails to do so by the payment due date, additional charges shall be imposed. <Amended on Jan. 27, 2016> |
| (5) | Article 47-4 of the Framework Act on National Taxes shall apply mutatis mutandis to additional charges imposed under paragraph (4). In such cases, "national tax" shall be construed as "penalty surcharge for exceeding the total pollution load." <Amended on Jan. 27, 2016; May 18, 2021> |
| (6) | Penalty surcharges for exceeding the total pollution load prescribed in paragraph (1) and additional charges collected under paragraph (4) shall be accounted for as revenues for the special accounts for environmental improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; Jan. 27, 2016> |
| (7) | The Minister of Environment may spend some of the penalty surcharges for exceeding the total pollution load and additional charges levied and collected by each Metropolitan City Mayor and the head of each Si/Gun, on collection expenses, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
| (8) | If a person obligated to pay penalty surcharges for exceeding the total pollution load or additional charges fails to do so by the payment due date, the Minister of Environment, the Metropolitan City Mayor, or the head of the Si/Gun shall collect the charges in the same manner as delinquent national taxes are collected, or as prescribed by the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Jan. 27, 2016; Mar. 24, 2020> |
[This Article Wholly Amended on Dec. 27, 2007]
[Title Amended on Jan. 27, 2016]
| Article 14 (Penalty Surcharges) |
| (1) | Where the Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun intends to order a person to suspend operation of his or her business under Article 12 (8), he or she may levy a penalty surcharge not exceeding 300 million won on the person, in lieu of such suspension of business in any of the following cases: Provided, That no penalty surcharge shall be levied in lieu of suspension of business in cases specified by Ordinance of the Ministry of Environment: <Amended on Jan. 28, 2014> |
| 1. | Where he or she deems that the suspension of business is highly likely to hinder the livelihood of the relevant local residents; |
| 2. | Where the Minister of Environment deems that the suspension of business would have a substantial adverse impact on the national economy, including employment and prices of commodities; |
| 3. | Where deemed necessary for public interests, by the Minister of Environment. |
| (2) | The amount of penalty surcharges to be levied depending on the severity of the respective offenses pursuant to paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun may increase or decrease a penalty surcharge by up to half the amount of the penalty surcharge levied under paragraph (2), taking into consideration the size of the business establishment, the details of business activities, the severity and frequency of offenses, etc. In such cases, the total amount of the penalty surcharge as increased shall not exceed 300 million won. |
| (4) | If a person obligated to pay a penalty surcharge under paragraph (1) fails to do so by the payment due date, additional charges shall be imposed. |
| (6) | Article 13 (6) through (8) shall apply mutatis mutandis to the procedures for collecting penalty surcharges and additional charges referred to in paragraphs (1) and (4). In such cases, "penalty surcharge for exceeding the total pollution load" shall be construed as "penalty surcharge." <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 15 (Restrictions on Permission) |
| (1) | The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun (including the head of a Gun within the jurisdiction of a Metropolitan City; the same shall apply hereafter in this Article) or Gu may, if pollution is found to exceed the annually apportioned pollution load as a result of reviewing an evaluation report submitted under Article 11 (4) and (5), not permit the construction of a new building, a wastewater discharge facility, or a waste-generating facility, notwithstanding Article 11 of the Building Act, Article 6 of the Act on the Integrated Control of Pollutant-Discharging Facilities, Article 33 of the Water Environment Conservation Act, and Article 11 of the Act on the Management and Use of Livestock Excreta. <Amended on Jan. 28, 2014; Dec. 22, 2015; Jan. 17, 2017> |
| (2) | When the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu decides not to grant permission pursuant to paragraph (1), he or she shall publicly notify the area, period, and activities subject to restrictions on permission, as prescribed by Ordinance of the Ministry of Environment. Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to public notice in such cases. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
[Title Amended on Jan. 28, 2014]
| Article 16 (Sanctions for Non-Performance of Total Pollution Load Control, etc.) |
| (1) | Where a Metropolitan City/Do or Si/Gun (excluding a Gun within the jurisdiction of a Metropolitan City; the same shall apply hereinafter) has discharged pollutants in excess of the pollution load apportioned under Article 10 (1) 2 or fails to formulate or implement a master plan or an enforcement plan for total pollution load control under Articles 10 and 11 in the absence of exceptional circumstances, the head of the related administrative agency shall not grant approval or permission to the Metropolitan City/Do, or Si/Gun for any of the following activities: <Amended on Jan. 28, 2014> |
| 4. | Construction of a building or facility of at least the size specified by Presidential Decree. |
| (2) | If the head of a related administrative agency violates paragraph (1), or the head of a local government fails to comply with a request made under Article 11 (6), the Minister of Environment or the head of the related administrative agency may take any of the following measures: <Amended on Jan. 28, 2014> |
| 1. | Suspension or curtailment of financial support or other necessary measures; |
| 2. | Restriction on the installation or alteration of a wastewater discharge facility. |
| (3) | Where the Minister of Environment imposes a restriction pursuant to paragraph (2) 2, he or she shall provide public notice of the facilities and areas subject to the restriction. Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to such public notice in such cases. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 17 (Preferential Subsidization of Costs and Expenses for Total Pollution Load Control) |
The Nakdong River Basin Management Committee established under Article 37 may partially subsidize Metropolitan Cities, Dos, and Sis/Guns that formulate and implement a master plan for total pollution load control and an enforcement plan for total pollution load control pursuant to Articles 10 and 11, for costs and expenses incurred in such total pollution load control specified by Presidential Decree, in preference to other local governments. In such cases, a subsidy may be granted to Metropolitan Cities, and Sis/Guns having jurisdiction over dam environs under Article 41 of the Act on Construction of Dams and Assistance, etc. to Their Environs (hereinafter referred to as "dam environs"), in preference to other local governments. <Amended on Jan. 28, 2014> [This Article Wholly Amended on Dec. 27, 2007]
CHAPTER IV STRENGTHENING OF CONTROL OVER WASTEWATER DISCHARGE FACILITIES, ETC.
| Article 18 (Installation and Management of Facilities for Blocking Leakage of Water, Facilities for Collecting Water, etc.) |
| (1) | Deleted. <Mar. 24, 2014> |
| (2) | A person specified by Ordinance of the Ministry of Environment, among the following persons, shall install facilities for blocking the leakage of rainwater, sewage, wastewater, and fire-fighting water discharged from his or her business establishment, facilities for collecting such water, and other facilities for preventing water pollution accidents: Provided, That the foregoing shall not apply to persons who have buffer storage facilities provided for in Article 21-4 (1) of the Water Environment Ecosystem Conservation Act into which such water flows: <Amended on Jun. 4, 2013; Mar. 24, 2014; Jan. 17, 2017> |
| 1. | A person permitted to engage in a poisonous substance business under Article 28 of the Chemicals Control Act; |
| 4. | A person who manufactures, keeps, stores, and/or uses substances harmful to water quality specified and publicly notified by the Minister of Environment among the substances harmful to water quality equivalent to those referred to in subparagraphs 1 through 3. |
| (3) | Deleted. <Mar. 24, 2014> |
| (4) | A person who installs and operates facilities for blocking water leakage, facilities for collecting water, etc. under paragraph (2) shall comply with the relevant standards for installation and operation prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014> |
| (5) | The Minister of Environment, the Metropolitan City Mayor, or the head of the Si/Gun may order a person who fails to install facilities referred to in the main clause of paragraph (2) or fails to comply with any of the standards for installation and operation under paragraph (4) to install or improve such facility within a given period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014> |
| (6) | Article 12 (7) through (9) shall apply mutatis mutandis to a person to whom an order for improvement is issued pursuant to paragraph (5). <Amended on Jan. 28, 2014> |
| (7) | Deleted. <Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
[Title Amended on Mar. 24, 2014]
| Article 19 Deleted. <Nov. 28, 2017> |
| Article 20 (Management of Culverts, etc.) |
| (1) | A person who installs and operates drainage conduits under Article 51 of the Water Environment Conservation Act (hereafter referred to as "project owner" in this Article) shall inspect the culverts or conduits on a regular basis, as prescribed by Ordinance of the Ministry of Environment. In such cases, if any problem is found in the culverts or conduits, he or she shall take necessary measures to repair or replace them so that the culverts or conduits can function normally, and record and keep the details of the measures taken, for 10 years from the date of the last entry of the records. <Amended on Jul. 16, 2013; Jan. 27, 2016; Jan. 17, 2017> |
| (2) | If requested by the Minister of Environment to submit a report on the results of an inspection conducted, and measures taken pursuant to paragraph (1), a project owner shall submit such report to the Minister of Environment without delay. |
| (3) | The Minister of Environment may order a project owner who fails to take necessary measures under paragraph (1) to improve the relevant facility or to take other necessary measures. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 21 (Area subject to Restriction on Installation of Waste Landfill Facilities) |
No head of any related administrative agency shall permit or approve the installation of a landfill facility, among waste disposal facilities defined in subparagraph 8 of Article 2 of the Wastes Control Act, in an area specified under Article 6 (3). <Amended on Jan. 28, 2014> [This Article Wholly Amended on Dec. 27, 2007]
| Article 22 Deleted. <Jan. 27, 2016> |
CHAPTER V IMPLEMENTATION OF PROGRAMS FOR SUPPORT OF RESIDENTS, ETC.
| Article 23 (Programs for Supporting Residents) |
| (1) | The head of a Si, Gun (including the head of a Gun under the jurisdiction of a Metropolitan City), or Gu shall establish a plan for supporting any of the following residents or areas (hereinafter referred to as "resident support programs"). Such resident support programs shall be subject to deliberation by the Nakdong River Basin Management Committee under Article 37: <Amended on Dec. 31, 2008; Jan. 28, 2014> |
| 1. | A water-source management area or the residents thereof; |
| 1-2. | Residents who own land, a building, or other property in a water-source management area and reside in the Si, Gun, or autonomous Gu (hereafter referred to as "Si/Gun/Gu" in this Article) having jurisdiction over the water-source management area and the village in which such residents reside; |
| 2. | Dam environs specified by Ordinance of the Ministry of Environment and the residents thereof; |
| 3. | An area recognized by the Minister of Environment where the annual average water quality has been maintained within the standards prescribed by Presidential Decree by the residents’ voluntary endeavor for a period specified by Ordinance of the Ministry of Environment; |
| 4. | An area meeting the standards specified by Ordinance of the Ministry of Environment in terms of the area, resident population, etc. of a water-source management area among the areas within the Si/Gun/Gu having jurisdiction over the water-source management area; |
| 5. | An area meeting the standards specified by Ordinance of the Ministry of Environment among the areas within the Si/Gun/Gu having jurisdiction over dam environs. |
| (2) | Types of resident support programs are: <Amended on Dec. 31, 2008> |
| 1. | A program to increase income, such as assistance in installing facilities related to agriculture, forestry, or the livestock industry and organic farming; |
| 2. | A program to improve welfare, such as assistance in installing waterworks; |
| 3. | A program supporting the supply of equipment and materials for education; |
| 4. | A program for assisting in the installation and maintenance of facilities for removing pollutants, and of sewerage systems; |
| 5. | Assistance in the resettlement or occupational transit people who face hardship in maintaining their livelihood with their trade, such as fishing and business activities with a ship, in a water-source management area due to prohibition of, or restriction on, such activities as a result of the designation of the water-source management area; |
| 6. | Other direct or indirect support programs specified by Presidential Decree. |
| (3) | Procedures for formulating and implementing plans for resident support programs, the detailed contents of such plans, the guidelines for allocation of financial resources, and the scope of residents or areas eligible for benefitting from the resident support programs, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2008; Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 23-2 (Management of Real Estate Acquired by Resident Support Programs) |
| (1) | No resident community, such as a village council prescribed by Presidential Decree, shall transfer real estate, such as land acquired by resident support programs, or create any limited real right thereon without the consent of the head of the competent Si/Gun (including the head of a Gun under the jurisdiction of a Metropolitan City; hereafter the same shall apply in this Article) or Gu. |
| (2) | A resident community referred to in paragraph (1) shall apply for registration, in addition to the registration of ownership in real estate, such as land acquired by resident support programs, that it is property barred from transfer, over which a limited real right cannot be established, or which cannot become subject-matter of attachment, provisional attachment, provisional disposition, etc. without the consent of the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | An application for additional registration under paragraph (2) shall be filed simultaneously with registration to preserve ownership or registration of ownership transfer. |
| (4) | A contract made, disposition taken, and other conduct in violation of any of the details of additional registration, once completed, shall become invalid. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 23-3 (Request and Processing of Data) |
| (1) | The Nakdong River Basin Management Committee under Article 37 and the head of a Si/Gun (including the head of a Gu of a metropolitan city; hereafter the same shall apply in this Article) or the head of a Gu may request the head of a relevant agency to provide the following data or information in order to confirm whether the resident support project is supported. In such cases, the head of the relevant agency who has been requested to provide data or information shall comply with the request unless there is any special reason: |
| 4. | Building register data or information under the Building Act; |
| (2) | The Nakdong River Basin Management Committee under Article 37 and the head of a Si/Gun/Gu may process data or information provided under paragraph (1) for the smooth execution of resident support projects. |
[This Article Newly Inserted on May 18, 2021]
| Article 24 (Technical and Financial Support, etc.) |
The Minister of Environment and the heads of related central administrative agencies may provide business establishments in an area under Article 23 (1) 1 or 2 with technical and financial support necessary for the installation, operation, and management of facilities to prevent pollution, as prescribed by Presidential Decree. <Amended on Dec. 31, 2008> [This Article Wholly Amended on Dec. 27, 2007]
| Article 25 (Support for Operation of Water Pollution Prevention Facilities) |
The Nakdong River Basin Management Committee established under Article 37 may grant subsidies to persons who install and operate wastewater discharge facilities or public wastewater treatment facilities specified by Ordinance of the Ministry of Environment discharges wastewater, to cover the expenses incurred in operating water pollution prevention facilities, as prescribed by Presidential Decree, if they discharge wastewater meeting the standards prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 27, 2016> [This Article Wholly Amended on Dec. 27, 2007]
CHAPTER VI FACILITATION OF ENVIRONMENTAL INFRASTRUCTURE FACILITIES INSTALLATION
| Article 26 (Projects for Improvement of Water Quality) |
| (1) | Each Metropolitan City Mayor and the head of each Si/Gun shall establish and implement a plan for projects for improving water quality (hereinafter referred to as "water quality improvement project plan"), which shall include the following matters. In such cases, each Metropolitan City Mayor shall obtain approval from the Minister of Environment with respect to the plan, while the head of each Si/Gun shall consult with the competent Do Governor about such a plan before obtaining approval thereof from the Minister of Environment: |
| 1. | A detailed plan for the implementation of a comprehensive plan for the curtailment of pollutants under Article 37 (1) 1; |
| 2. | A plan for the installation, operation, and management of environmental infrastructure facilities; |
| 3. | A plan for securing financial resources, including expenses to be borne by the local government; |
| 4. | Other matters specified by Ordinance of the Ministry of Environment for the improvement of the quality of water sources. |
| (2) | A Metropolitan City or Si/Gun that establishes and implements an enforcement plan for the total pollution load control pursuant to Article 11 shall be deemed to implement a water quality improvement project plan. |
| (3) | Except as provided for in paragraphs (1) and (2), necessary matters concerning the time period for establishing a water quality improvement project plan shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 27 (Expropriation, etc. of Land, Goods, or Rights) |
| (1) | A person who implements a project to develop a riparian ecological belt under Article 4-3 or a water quality improvement project pursuant to Article 26 (hereinafter referred to as "project implementer") may expropriate or use land, goods, or rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects. In such cases, if the Minister of Environment has publicly notified an implementation plan to develop the riparian ecological belt pursuant to Article 4-3 or has approved the plan for the water quality improvement project pursuant to Article 26, the project shall be deemed approved and public notice thereof shall be deemed made pursuant to Articles 20 (1) and 22 of the Act on Acquisition of Land for Public Works Projects, and a petition for ruling may be filed within the period specified for implementing the project in the project plan, notwithstanding Articles 23 (1) and 28 (1) of the aforesaid Act. <Amended on Jan. 28, 2014> |
| (2) | In any of the following cases, the Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun shall, without delay, notify the relevant person of the details classified as follows, as prescribed by Presidential Decree: <Amended on Jan. 28, 2014> |
| 1. | Where the Minister of Environment publicly notifies an implementation plan to develop a riparian ecological belt pursuant to Article 4-3, the details thereof; |
| 2. | A Metropolitan City Mayor or the head of a Si/Gun: the details of a plan for a water quality improvement project approved by the Minister of Environment pursuant to Article 26. |
| (3) | The Central Land Tribunal shall have jurisdiction over ruling on the expropriation of land, goods, or rights under paragraph (1). <Amended on Jan. 28, 2014> |
| (4) | Except as provided in this Act, the Act on the Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to expropriation or use under paragraph (1). |
[This Article Wholly Amended on Dec. 27, 2007]
[Title Amended on Jan. 28, 2014]
| Article 28 (Authorization, Permission, etc. Deemed Granted) |
| (1) | Where the Minister of Environment publishes an implementation plan for riparian ecological belts or the Minister of Environment approves a plan for water quality improvement project, the project implementer shall be deemed to have received the permission, designation, approval, authorization, cancellation, etc. (hereinafter referred to as "authorization or permission") as follows: <Amended on Dec. 27, 2007; Mar. 21, 2008; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Jan. 14, 2014; Jan. 28, 2014; Dec. 27, 2016> |
| 15. | Permission to relocate an abandoned grave built on a third person's land under Article 27 (1) of the Funeral Service Act; |
| 17. | Deleted. <Apr. 15, 2010> |
| (2) | When the Minister of Environment publicly notifies an implementation plan to develop a riparian ecological belt under Article 4-3 or approves a plan for a water quality improvement project under Article 26, he or she shall consult the heads of related administrative agencies in advance, where the plan includes any matter prescribed in any of the subparagraphs of paragraph (1). <Amended on Jan. 28, 2014> |
| (3) | The head of a related administrative agency in receipt of a request for consultation under paragraph (2) shall submit his or her opinion within 20 days from the date of the request; and he or she shall be deemed to have no opinion, if he or she fails to submit his or her opinion within such period. <Newly Inserted on Jan. 28, 2014> |
| (4) | When the head of a related central administrative agency in charge of any matter referred to in the subparagraphs of paragraph (1) establishes guidelines and procedures for processing the matter, he or she shall, without delay, notify the Minister of Environment of such guidelines and procedures. <Amended on Jan. 28, 2014> |
| (5) | Upon receipt of notification of guidelines and procedures for processing any matter under paragraph (4), the Minister of Environment shall consolidate such guidelines and procedures and give public notice thereof. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
CHAPTER VII SECURING AND MANAGING FINANCIAL RESOURCES
| Article 29 (Establishment of Special Account for Improvement of Water Quality) |
In order to raise project funds required for water quality improvement projects and resident support programs, a Metropolitan City/Do or Si/Gun may establish a special account for the improvement of water quality (hereinafter referred to as "special account").
| Article 30 (Revenue and Expenditure of Special Account) |
| (1) | Revenues for the special account consist of: <Amended on Jan. 27, 2016> |
| 1. | Subsidies from the State or the competent Metropolitan City/Do; |
| 2. | Funds transferred from general accounts and other special accounts; |
| 3. | Funds transferred from the Nakdong River Basin Management Fund established under Article 33; |
| 5. | Gains accrued from the management of the funds referred to in subparagraphs 1 through 4. |
| (2) | Expenditures from the special account shall consist of: <Amended on Jan. 28, 2014> |
| 1. | Costs and expenses incurred in executing projects referred to in the subparagraphs of Article 35 (excluding subparagraphs 3, 11 and 14 of the aforesaid Article); |
| 2. | Other costs and expenses incurred in executing projects specified by Presidential Decree for improving water quality. |
| (3) | Matters necessary for budgeting, settlement, and management of the special account shall be prescribed by an ordinance of the competent local government. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 31 (Special Measures for Financing) |
| (1) | The State may increase financial support to local governments that implement an enforcement plan for the total pollution load control under Article 11 and a water quality improvement project plan under Article 26, if necessary for the efficient implementation of the enforcement plan for the total pollution load control and the water quality improvement project plan. |
| (2) | The State may grant subsidies or loans or provide other support to a local government having jurisdiction over an area under Article 23 (1) 1, 2, or 3 for costs and expenses required for a water quality improvement project, prior to other areas. <Amended on Dec. 31, 2008> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 32 (Levying and Collection of Water Use Charges) |
| (1) | In order to raise funds for resident support programs and water quality improvement projects, a waterworks business entity shall levy and collect a charge in proportion to water consumption (hereinafter referred to as "water use charge") from each end user supplied with raw water taken from public waters specified by Presidential Decree as is or as purified and shall deposit the charge into the Fund: Provided, That the foregoing shall not apply where such water is used for maintaining the water levels on rivers. |
| (2) | When either of the following persons draws water from public waters specified by Presidential Decree, he or she shall deposit a water use charge directly into the Fund in proportion to the volume of raw water that he or she draws, as prescribed by Presidential Decree: |
| (3) | Notwithstanding paragraph (2) 2, the following persons shall be exempt from a water use charge: |
| 2. | A person who uses water from a river for agriculture. |
| (4) | Each waterworks business entity shall submit data necessary for calculating and forecasting the water use charge, such as intake volume, supplied volume, and loss rate, to the Nakdong River Basin Management Committee established under Article 37, as prescribed by Presidential Decree. |
| (5) | No water use charge referred to in paragraphs (1) and (2) shall be levied on any water-source management areas, dam environs, or other areas specified by Presidential Decree. |
| (6) | Methods for calculation, levying, and collection of the water use charge under paragraphs (1) and (2), payment procedures, and other necessary matters, shall be prescribed by Presidential Decree. |
| (7) | A person who uses water from a river under paragraph (2) 2 is eligible for an exemption or reduction of the water use charge, as prescribed by Presidential Decree. |
| (8) | Delinquent water use charges may be collected in the same manner as delinquent national or local taxes are collected. |
| (9) | Where a waterworks business entity referred to in paragraph (1) is not a local government, the collection of delinquent water use charges under paragraph (8) may be entrusted to the head of the local government having jurisdiction over the area, as prescribed by Presidential Decree. |
| (10) | The Minister of Environment shall deposit the water use charges collected pursuant to paragraph (8) into the Fund. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 33 (Establishment of Nakdong River Basin Management Fund) |
In order to manage water use charges efficiently, the Nakdong River Basin Management Fund shall be established under the Nakdong River Basin Management Committee under Article 37. [This Article Wholly Amended on Dec. 27, 2007]
| Article 34 (Financial Sources of Fund) |
The Fund may be raised from the following financial sources:
| 1. | Water use charges and additional charges; |
| 2. | Cash, goods, and other property contributed by a person other than the State; |
| 4. | Income accrued from land, etc. purchased and sale prices of land, etc.; |
| 5. | Gains from the management of the Fund. |
[This Article Wholly Amended on Dec. 27, 2007]
The Fund may be used only for the following purposes: <Amended on Jan. 28, 2014; Jan. 27, 2016>
| 1. | Compensation for losses sustained by farmers due to restrictions under Article 6 (1); |
| 2. | Assistance in establishing facilities or greenbelts for reducing or curtailing pollutants under Article 6 (3); |
| 4. | Subsidies for surveys and research under Article 9 (5); |
| 5. | Subsidies for expenses incurred in relation to total pollution load control under Article 17; |
| 6. | Deleted; <Jan. 27, 2016> |
| 7. | Resident support programs implemented under Article 23; |
| 8. | Assistance in the operation of facilities for preventing water pollution under Article 25; |
| 9. | Assistance in the establishment and operation of environmental infrastructure facilities under Article 26 (1) 2; |
| 10. | Funds transferred to the special account; |
| 11. | Subsidies for expenses incurred in levying and collecting water use charges; |
| 12. | Operation of the Nakdong River Basin Management Committee established under Article 37; |
| 13. | Assistance in the preservation and surveillance of water quality under Article 39; |
| 14. | Subsidies for expenses incurred in performing a request for improvement under Article 41 (1); |
| 15. | Support for environmentally friendly clean industries recognized by the Nakdong River Basin Management Committee established under Article 37; |
| 16. | Other projects specified by Presidential Decree for improving the water quality of the Nakdong River. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 36 (Operation and Management of Fund) |
| (1) | The Fund shall be operated and managed by the Nakdong River Basin Management Committee established under Article 37. <Amended on Jan. 28, 2014> |
| (2) | The Nakdong River Basin Management Committee shall formulate and implement a Fund management plan which includes the following matters, on a five-yearly basis, to efficiently operate and manage the Fund: <Newly Inserted on Jan. 28, 2014> |
| 1. | Matters concerning the forecast for revenue, expenditure and operation of the Fund in which the water quality improvement plan has been reflected; |
| 2. | Matters concerning the imposition and collection of water use charges and a funding plan by financial source of the Fund referred to in subparagraphs of Article 34; |
| 3. | Other matters determined by the Nakdong River Basin Management Committee to efficiently operate and manage the Fund. |
| (3) | The Nakdong River Basin Management Committee shall evaluate the outcome of the operation of the Fund and reflect such outcomes in the operation of the Fund. <Newly Inserted on Jan. 28, 2014> |
| (4) | Except as provided in paragraphs (1) through (3), the operation and management of the Fund, and other necessary matters, shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 37 (Establishment of Committee for Management of Nakdong River Basin) |
| (1) | A Nakdong River Basin Management Committee (hereinafter referred to as the "Committee") shall be established to discuss and coordinate the following matters for the quality control of water sources in the Nakdong River basin: |
| 1. | A comprehensive plan to curtail pollutants for improving water quality of the Nakdong River basin; |
| 2. | Matters concerning the formulation of a master plan to manage riparian zones; |
| 3. | Matters concerning the levying and collection of water use charges; |
| 4. | Matters concerning the operation and management of the Fund; |
| 5. | Matters concerning water for maintaining the water levels on rivers; |
| 6. | Other matters specified by Presidential Decree. |
| (2) | The Committee shall be a legal entity. |
| (3) | The Committee shall be chaired by the Vice Minister of Environment, and Committee members shall consist of the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Persons in charge of river management, who shall be appointed by the Minister of Land, Infrastructure and Transport, from among public officials in general service who are members of the Senior Executive Service in the Ministry of Land, Infrastructure and Transport; |
| 2. | Persons in charge of the development of forest resources, who shall be appointed by the Minister of the Korea Forest Service, from among public officials in general service who are members of the Senior Executive Service in the Korea Forest Service; |
| 3. | The Deputy Mayor or Deputy Governor of Busan Metropolitan City, Daegu Metropolitan City, Ulsan Metropolitan City, Gyeongsangbuk-do, Gyeongsangnam-do, or Gangwon-do (referring to a person appointed by the relevant Mayor/Do Governor, if the local government has two Deputy Mayors or Deputy Governors); |
| (4) | The chairperson shall represent the Committee and shall exercise overall control over the administrative affairs of the Committee. |
| (5) | The Committee shall establish an advisory committee to ensure efficient discussion and coordination as well as provisions of expert advice. |
| (6) | Local governments that have interests in the Nakdong River basin shall abide by decisions made by the Committee. |
| (7) | The Committee may establish a secretariat to assist the Committee in performing its affairs, as prescribed by Presidential Decree. |
| (8) | Matters to be reported as to registration for establishment of the Committee shall be as follows: |
| 3. | Location of the Committee's office; |
| 4. | Date of establishment; |
| 5. | Name and resident registration number of the chairperson. |
| (9) | Except as provided in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to registration for the Committee. |
| (10) | Matters necessary for operating the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 37 (Establishment of Committee for Management of Nakdong River Basin) |
| (1) | A Nakdong River Basin Management Committee (hereinafter referred to as the "Committee") shall be established to discuss and coordinate the following matters for the quality control of water sources in the Nakdong River basin: |
| 1. | A comprehensive plan to curtail pollutants for improving water quality of the Nakdong River basin; |
| 2. | Matters concerning the formulation of a master plan to manage riparian zones; |
| 3. | Matters concerning the levying and collection of water use charges; |
| 4. | Matters concerning the operation and management of the Fund; |
| 5. | Matters concerning water for maintaining the water levels on rivers; |
| 6. | Other matters specified by Presidential Decree. |
| (2) | The Committee shall be a legal entity. |
| (3) | The Committee shall be chaired by the Vice Minister of Environment, and Committee members shall consist of the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2020> |
| 1. | Persons in charge of river management, who shall be appointed by the Minister of Environment, from among public officials in general service who are members of the Senior Executive Service in the Ministry of Land, Infrastructure and Transport; |
| 2. | Persons in charge of the development of forest resources, who shall be appointed by the Minister of the Korea Forest Service, from among public officials in general service who are members of the Senior Executive Service in the Korea Forest Service; |
| 3. | The Deputy Mayor or Deputy Governor of Busan Metropolitan City, Daegu Metropolitan City, Ulsan Metropolitan City, Gyeongsangbuk-do, Gyeongsangnam-do, or Gangwon-do (referring to a person appointed by the relevant Mayor/Do Governor, if the local government has two Deputy Mayors or Deputy Governors); |
| (4) | The chairperson shall represent the Committee and shall exercise overall control over the administrative affairs of the Committee. |
| (5) | The Committee shall establish an advisory committee to ensure efficient discussion and coordination as well as provisions of expert advice. |
| (6) | Local governments that have interests in the Nakdong River basin shall abide by decisions made by the Committee. |
| (7) | The Committee may establish a secretariat to assist the Committee in performing its affairs, as prescribed by Presidential Decree. |
| (8) | Matters to be reported as to registration for establishment of the Committee shall be as follows: |
| 3. | Location of the Committee's office; |
| 4. | Date of establishment; |
| 5. | Name and resident registration number of the chairperson. |
| (9) | Except as provided in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to registration for the Committee. |
| (10) | Matters necessary for operating the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
[Enforcement Date: Jan. 1, 2022] Article 37
| Article 38 (Authorities Responsible for Accounting of Fund) |
| (1) | The secretariat under Article 37 (7) may have an officer responsible for directing disbursements and receipts of the Fund and an officer responsible for executing disbursements and receipts of the Fund in order to carry out operations related to the revenue and expenditure of the Fund. |
| (2) | As to the officer responsible for directing disbursements and receipts of the Fund and the officer responsible for executing disbursements and receipts of the Fund under paragraph (1), the Act on Liability of Accounting Personnel, Etc. shall apply mutatis mutandis. |
[This Article Wholly Amended on Dec. 27, 2007]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 39 (Assistance in Activities for Surveillance of Water Quality, etc.) |
| (1) | The State and each local government may assist local experts and non-governmental organizations in their activities for the preservation of water quality or for the surveillance of water quality for the purpose of preservation of water quality in the Nakdong River basin. |
| (2) | Deleted. <Apr. 28, 2011> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 40 (Survey on Impact of Installation of Water Intake Facilities on Water Quality) |
| (1) | When a waterworks business entity installs a water intake facility, he or she shall conduct a survey on the impact that a decrease of water in lower areas may have on water quality, and shall prepare and take countermeasures to reduce the impact on water quality: Provided, That the foregoing shall not apply where a water intake facility is installed within the limitation of maintaining the water flow level required for maintaining a river, as publicly notified pursuant to Article 51 (1) of the River Act, under a prior agreement between the Minister of Land, Infrastructure and Transport and the Minister of Environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016> |
| (2) | When the river management agency referred to in Article 12 of the River Act grants a permit to a water intake facility for the occupancy and use of a river, it shall examine the adequacy of the survey of the impact on water quality and of countermeasures against the impact on water quality under paragraph (1) and consult with the Committee about such matters. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 40 (Survey on Impact of Installation of Water Intake Facilities on Water Quality) |
| (1) | When a waterworks business entity installs a water intake facility, he or she shall conduct a survey on the impact that a decrease of water in lower areas may have on water quality, and shall prepare and take countermeasures to reduce the impact on water quality: Provided, That this shall not apply where the Minister of Land, Infrastructure and Transport, in consultation with the Minister of Environment, installs water intake facilities within the scope of maintaining the river maintenance flow announced pursuant to Article 51 (1) of the River Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Dec. 31, 2020> |
| (2) | When the river management agency referred to in Article 12 of the River Act grants a permit to a water intake facility for the occupancy and use of a river, it shall examine the adequacy of the survey of the impact on water quality and of countermeasures against the impact on water quality under paragraph (1) and consult with the Committee about such matters. |
[This Article Wholly Amended on Dec. 27, 2007]
[Enforcement Date: Jan. 1, 2022] Article 40
| Article 41 (Request for Improvement, etc.) |
| (1) | If it is found that the quality of water sources has deteriorated or is likely to deteriorate due to inadequate rainfalls, an outbreak of algae or similar, the Minister of Environment may request any of the following persons to increase the volume of water discharged from a dam, dredge water sources, remove algae, clean the area around water sources and the surface of the water, etc. In such cases, the Minister of Environment may subsidize expenses necessary for the performance of such works within the budget: |
| 1. | The competent Mayor/Do Governor; |
| 2. | The head of the competent Si/Gun; |
| 3. | Waterworks business entities; |
| 6. | A person who has de facto control over the water as an owner or an occupant. |
| (2) | The Minister of Environment or the head of a related local government may request the head of a related administrative agency to take any of the following measures against a person who violates this Act or an order issued, or a disposition made pursuant to this Act: |
| 1. | Revocation of authorization, permission, or similar; |
| 2. | Suspension of construction works; |
| 3. | Improvement, relocation, or removal of a facility; |
| 4. | Other necessary measures. |
| (3) | Upon receiving a request under paragraph (1) or (2), a person under any subparagraph of paragraph (1) or the head of a related administrative agency shall comply with the request, unless there is a compelling reason not to do so: Provided, That the foregoing shall not apply where increasing the volume of water discharged from a dam causes a problem in water supply (excluding cases where it is difficult to draw water due to a water pollution accident or an outbreak of algae). |
[This Article Wholly Amended on Dec. 27, 2007]
When the Minister of Environment, a Metropolitan City Mayor, or the head of a Si/Gun intends to issue an order to close a facility pursuant to Article 12 (8) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 18 (6)), he or she shall hold a hearing. <Amended on Jan. 28, 2014> [This Article Wholly Amended on Dec. 27, 2007]
| Article 43 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may entrust part of his or her duties prescribed in this Act to a relevant specialized agency, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 27, 2016]
| Article 43-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | A Committee member specified in Article 37 (3), who is not a public official; |
| 2. | An executive officer or employee of the secretariat established under Article 37 (7), who is not a public official; |
| 3. | An executive officer or employee of a relevant specialized agency engaged in the duties entrusted under Article 43 (2). |
[This Article Wholly Amended on Jan. 27, 2016]
CHAPTER IX PENALTY PROVISIONS
| Article 44 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won: <Amended on Jan. 28, 2014; Mar. 18, 2014> |
| 1. | A person who violates any of the restrictions on activities under Article 5 (1); |
| 2. | A person who installs a facility without permission under Article 5 (2); |
| 3. | A person who violates an order to suspend business operation or close a facility under Article 12 (8) (including cases to which the aforesaid paragraph shall apply mutatis mutandis under Article 18 (6)). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who fails to comply with an order of installation or improvement under Article 18 (5); |
| 2. | Deleted; <Nov. 28, 2017> |
| 3. | A person who fails to comply with an order, etc. to improve a facility under Article 20 (3). |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 45 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, an employee, or a servant of a legal entity or a private individual commits an offense under Article 44 in the scope of the business of the legal entity or the private individual, not only shall such an offender be punished accordingly, but the legal entity or the private individual shall be punished by the fine prescribed in the applicable provisions: Provided, That the foregoing shall not apply where the legal entity or private individual has not neglected to take reasonable care and supervision of the business to prevent such an offense. [This Article Wholly Amended on Dec. 31, 2008]
| Article 46 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: |
| 1. | A person who uses a pesticide or fertilizer in violation of Article 6 (1); |
| 2. | A person who fails to install or operate a measuring instrument under Article 12 (4); |
| 3. | A person who fails to keep or preserve records of measurement readings under Article 12 (4) or who keeps or preserves false records of such measurement readings; |
| 4. | Deleted. <Jan. 27, 2016> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Jan. 28, 2014> |
| 1. | A person who fails to submit or report the data under Article 12 (7) or who submits or reports false data; |
| 2. | A person who fails to meet any of the standards for installation and operation under Article 18 (4); |
| 3. | A person who fails to submit or report the data under Article 18 (6) or who submits or reports false data; |
| 4. | Deleted; <Nov. 28, 2017> |
| 5. | Deleted; <Nov. 28, 2017> |
| 6. | A person who fails to take a measure under Article 20 (1), who fails to preserve records, or who keeps false records; |
| 7. | A person who fails to submit the data under Article 20 (2), or who submits false data; |
| 8. | Deleted; <Jan. 27, 2016> |
| 9. | Deleted; <Jan. 27, 2016> |
| 10. | A person who fails to apply for additional registration under Article 23-3 (2), or who applies for additional registration by fraud or other improper means. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, a Metropolitan City Mayor, and the head of a Si/Gun, as prescribed by Presidential Decree. <Amended on Dec. 31, 2008> |
| (4) | Deleted. <Dec. 31, 2008> |
| (5) | Deleted. <Dec. 31, 2008> |
| (6) | Deleted. <Dec. 31, 2008> |
[This Article Wholly Amended on Dec. 27, 2007]
ADDENDA <Act No. 6606, Jan. 14, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 (Transitional Measures concerning Restriction on Activities within Riparian Zones)
| (1) | A person who has commenced construction works or a project with permission or similar under relevant statutes (including cases for which a permission or similar is not required pursuant to relevant statutes) for a facility under any subparagraph of Article 5 (1) before this Act enters into force shall receive a completion inspection, file for registration, or file a report (hereinafter referred to as "completion inspection") in accordance with any of the following subparagraphs, which is relevant, within six months after a riparian zone is designated and public notice of such is provided (two years for a facility under Article 5 (1) 4): |
| (2) | With respect to a facility that has not received a completion inspection within the period specified in paragraph (1), the permission or similar may be revoked. |
Article 3 (Transitional Measure concerning Designation of Water-Source Protection Areas)
The Mayor/Do Governor shall submit to the Minister of Environment a plan for the designation of water-source protection areas under Article 7 within two years after this Act is promulgated. Article 4 (Transitional Measure concerning Enforcement of Total Pollution Load Control System)
The Mayor/Do Governor shall prepare a basic plan for the total pollution load control under Article 10 and file an application for approval thereof with the Minister of Environment within one year and six months after this Act enters into force. Article 5 (Transitional Measure concerning Installation of Buffer Retention Facilities)
With respect to each industrial complex, preexisting or on sale in parcels as publicly announced before this Act enters into force, the Minister of Environment shall survey the conditions of the site, the characteristics of wastewater discharged for the industrial complex, the likelihood of the occurrence of a water pollution accident, etc. and determine and provide public notice of the industrial complexes that are required to install buffer retention facilities, notwithstanding Article 18 (1), and the Minister of Environment shall install such buffer retention facilities within five years from the date of the public notice, as prescribed by Presidential Decree. Article 6 (Transitional Measure concerning Installation of Facilities for Blocking Leakage, etc.)
A person who falls under any subparagraph of Article 18 (2) at the time this Act enters into force (excluding an industrial complex that is publicly notified as one that shall install buffer retention facilities pursuant to Article 18 (1) or Article 5 of the Addenda) shall install facilities for blocking the leakage, facilities for collecting water, and other facilities for preventing water pollution accidents under Article 18 (2) within two years and six months after this Act enters into force. Article 7 (Transitional Measure concerning Control of Specific Substances Harmful to Water Quality)
A person who operates a facility that discharges specific substances harmful to water quality at the time this Act enters into force shall submit the discharge reduction plan under Article 19 to the Minister of Environment within one year after this Act enters into force. Article 8 (Transitional Measure concerning Restriction on Installation of Waste Disposal Facilities)
Article 9 (Transitional Measures concerning Reuse of Wastewater from Industrial Complexes, etc.)
| (1) | A person who falls under Article 22 (1) at the time this Act enters into force shall establish a plan for the reuse of wastewater and submit the plan to the Minister of Environment within two years and six months after this Act enters into force. |
| (2) | A person who falls under Article 22 (2) at the time this Act enters into force shall establish a plan for the reuse of wastewater and submit the plan to the Minister of Environment within two years and six months after this Act enters into force. |
Article 10 Omitted.
ADDENDA <Act 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 7016, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7292, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8010, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8807, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Purchased Land)
The amended provisions of Article 8 shall apply to the parcels of land for which a purchase application is filed on or after the enforcement date of this Act. Article 3 (Transitional Measure concerning Designation of Riparian Zones)
An area designated as a riparian zone pursuant to former provisions shall be deemed to have been designated as a riparian area under this Act, if the area was designated as a control area pursuant to Article 36 (1) 2 of the National Land Planning and Utilization Act but has not been designated as a conservation and control area, a production control area, or a planned control area under an item of the aforesaid subparagraph before this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8970, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9310, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on date of its promulgation. (Proviso Omitted.) |
| (2) | (Special Exception for Buffer Retention Facilities in Existing Industrial Areas) With respect to the industrial areas for which an urban management plan has been established pursuant to Article 36 (1) of the National Land Planning and Utilization Act before this Act enters into force, the Minister of Environment shall survey the conditions of each site, the characteristics of wastewater discharged for each industrial area, the likelihood of the occurrence of a water pollution accident, etc. and determine and provide public notice of the industrial areas that are required to install buffer retention facilities, notwithstanding Article 18 (1), and the Minister of Environment shall install such buffer retention facilities within five years from the date of the public notice. |
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10616, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1. 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11915, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11979, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12367, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) 4 through 8 shall enter into force on January 1, 2016. Article 2 (Applicability to Restrictions on Permission)
Article 3 (Applicability to Submission of Opinions on Authorization, Permission, etc. Deemed Granted)
The amended provisions of Article 28 (3) shall apply, beginning from a plan on which the Minister of Environment requests consultation after this Act enters into force. Article 4 (Special Provisions on Restrictions on Activities within Riparian Zones)
Notwithstanding the amended provisions of Article 5 (4), the manager of any facility referred to in the amended provisions of Article 5 (1) 4 (limited to multi-unit houses among detached houses defined in Article 2 (2) 1 of the Building Act) through 8, among facilities subject to the application of the former provisions under Article 7 of the Addenda shall discharge wastewater after treating it to lower the biochemical oxygen demand and the suspended solids so as not to exceed ten milligrams per liter, respectively, from the date on which three years elapse after this Act enters into force. Article 5 (Special Provisions on Formulation of Fund Management Plans)
The Nakdong River Basin Management Committee shall formulate the first Fund management plan in accordance with the amended provisions of Article 36 (2) within six months after this Act enters into force. Article 6 (Transitional Measures concerning Real Estate Acquired by Resident Support Programs)
The resident community, such as a village council, which has acquired land or other real estate through a resident support program before this Act enters into force shall apply for additional registration under the amended provisions of Article 23-2 (2) within six months after this Act enters into force. Article 7 (Transitional Measures concerning Restrictions on Activities within Riparian Zones)
Notwithstanding the amended provisions of Article 5 (1) 4 through 8, the restriction on activities regarding facilities, etc. installed within a riparian zone or any application for permission, etc. therefor, or reporting thereon has been filed under the related statutes to install facilities, etc. as at the time this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 12457, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12519, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13603, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13873, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13, 14 (5) and (6), 43, and 43-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Charges for Exceeding Total Permissible Load)
Charges for exceeding the total permissible load levied under the previous Article 13 before the amended provisions of Article 13 enter into force shall be deemed penalty surcharges for exceeding the total pollution load levied under the same amended provisions. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Any act committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions and provisions regarding administrative fines.
Article 4 Omitted.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15095, Nov. 28, 2017>
This Act shall enter into force on January 18, 2018.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17814, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended pursuant to Article 4 of the Addenda, the amended parts of the acts which were promulgated before this Act enters into force but the enforcement date of which have not yet arrived shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 5 Omitted.
ADDENDA <Act No. 18169, May 18, 2021>
This Act shall enter into force on the date of its promulgation.