CREATION AND FURTHERANCE OF ARBORETUMS ACT
Act No. 10977, Jul. 28, 2011
Act No. 6446, Mar. 28, 2001
Amended by Act No. 6841, Dec. 30, 2002
Act No. 7167, Feb. 9, 2004
Act No. 7276, Dec. 31, 2004
Act No. 7437, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 8014, Sep. 27, 2006
Act No. 8180, Jan. 3, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9661, May 8, 2009
Act No. 9763, Jun. 9, 2009
Act No. 10942, Jul. 25, 2011
Act No. 10977, Jul. 28, 2011
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe matters necessary forthe creation, operation and furtherance of arboretums to contribute to the improvement of the quality of life for citizens and the development of the national economy by promoting the conservation and exploitation of forest genetic resources of national importance. <Amended by Act No. 8180, Jan. 3, 2007; Act No. 9661, May 8, 2009>
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. | The term "arboretum" means any institution primarily engaged in gathering, proliferating, conserving, managing and exhibiting the genetic resources of forest trees and in conducting scientific and industrial research, etc. on the exploitation of such resources with the following facilities secured in compliance with the standards prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries: |
| (a) | Facilities for proliferating and cultivating forest genetic resources; |
| (b) | Facilities for managing forest genetic resources; |
| (c) | Flower gardens, native botanic gardens and other facilities for exhibiting forest genetic resources prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries; |
| (d) | Other facilities necessary for managing and operating such arboretum; |
| 2. | The term "forest genetic resources" means any genetic resources of scientific and industrial value that include forest plants, such as trees (including both native and cultivated plants), the seeds, tissue, cells, pollens and spores thereof, and the genes thereof; |
| 3. | The term "arboretum expert" means any person who has completed an arboretum expert training program referred to in Article 18-2 (2) in order to systematically disseminate knowledge about forest genetic resources and to effectively create and manage arboretums with the conservation and display of the holdings thereof; |
| 4. | The term "rare plant" meansany plant, the population and natural habitats of which are reducing, therefore requiring special preservation and management, which are prescribedby Ministerial Decree for Food, Agriculture, Forestry and Fisheries; |
| 5. | The term "special plant" meansany plant inhabiting only in the Republic of Korea, which are prescribedbyMinisterial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
| (1) | An arboretum shall perform the following work: Provided, That the work described in subparagraphs 10 through 13 shall be carried out by the Korea National Arboretum provided for in Article 5: |
| 1. | Gathering, proliferation, conservation, restoration, management and exhibition of forest genetic resources; |
| 2. | Use, breeding and dissemination of forest genetic resources; |
| 3. | Scientific and industrial research and study on forest genetic resources; |
| 4. | Building and operation of databases on forest genetic resources; |
| 5. | Production and distribution of a variety of publications related to forest genetic resources; |
| 6. | Conduct of field education on forest genetic resources and the holding of related events; |
| 7. | Exchange of forest genetic resources and related information and other organic collaboration between domestic and overseas arboretums; |
| 8. | Preservation of rare and special plants in places other than their habitats, and monitoring the status of such preservation; |
| 9. | Gathering, manufacture, keeping and administration of various plant specimens; |
| 10. | Classification, denomination and registration of forest genetic resources; |
| 11. | Preparation of a list of forest genetic resources; |
| 12. | Provision of technical guidance and assistance to and business cooperation with other domestic arboretums; |
| 13. | Other work necessary to function as national arboretum. |
| (2) | Necessary matters regarding standards, procedures and methods for the preparation of lists of forest genetic resources, the administration of such lists, etc. under paragraph (1) 11 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 4 (Classification of Arboretums) |
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Arboretums shall be classified as follows according to the nature of the entities that create and manage them:
| 1. | Korea National Arboretum: an arboretum created and managed by the Administrator of the Korea Forest Service; |
| 2. | Public arboretums: arboretums created and managed by local governments; |
| 3. | Private arboretums: arboretums created and managed by legal entities, organizations or individuals; |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 5 (the Korea National Arboretum, etc.) |
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| (1) | The Korea National Arboretum shall be established as a national arboretum under the jurisdiction of the Administrator of the Korea Forest Service. |
| (2) | Necessary matters regarding the organization, operation, etc. of the Korea National Arboretum shall be prescribed by Presidential Decree. |
| (3) | Necessary matters regarding the operation, etc. of public arboretums shall be prescribed by ordinances of related local governments so that such arboretums may be managed to facilitate the conservation of local forest genetic resources. |
| (4) | The State and local governments shall support and foster private arboretums in order that they may function as infrastructure to increase forestry income through the conservation, exhibition, utilization, etc. of forest genetic resources. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 6 (Establishment of Master Plans for Promotion of Arboretums) |
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| (1) | The Administrator of the Korea Forest Service shall establish and implement a master plan for the promotion of arboretums, every five years, to expand arboretums and promote the performance of arboretum-related work under Article 3. |
| (2) | The Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the Director General of the Korea National Arboretum shall establish and carry out an implementation plan for the promotion of arboretums according to the relevant master plan for the promotion of arboretums under paragraph (1). |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 6-2 (Designation, Cancellation of Designation, etc. of Arboretum Development Project Areas) |
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| (1) | When the Administrator of the Korea Forest Service or the head of a local government seeks to develop the Korea National Arboretum or a public arboretum, he/she may designate an area for the development of such arboretum (hereinafter referred to as "arboretum development project area"), as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. In such cases, he/she shall hear opinions of the relevant residents in advance and consult with the head of the competent administrative agency thereabout, as prescribed by Presidential Decree. |
| (2) | When the head of a local government seeks to designate an arboretum development project area, he/she shall obtain approval therefor in advance from the Administrator of the Korea Forest Service, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
| (3) | A period for which an arboretum development project area is designated shall not be more than five years: Provided, That if there is any ground prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, such period may be extended only once by three years. |
| (4) | The Administrator of the Korea Forest Service or the head of a local government may change or cancel the designation of an arboretum development project area in whole or in part if any of the following grounds arises with respect to such project area: |
| 1. | Where the size, etc. of the relevant land falls short of the standards provided for in subparagraph 1 of Article 2 due to damage caused by any natural disaster, etc.; |
| 2. | Where the relevant area is to be used as a site for military installations or other facilities for official or public use prescribed by Presidential Decree. |
| 3. | Where it is deemed inevitable to change or cancel the designated zone to achieve any public or designated purpose. |
| (5) | The Administrator of the Korea Forest Service or the head of a local government shall, upon designation of an arboretum development project area or change or cancellation of such designation pursuant to paragraphs (1) and (4), inform the relevant land owners and the head of the competent administrative agency thereof and announce the name, lot number, category and size of such area and other necessary matters. In such cases, the announcement of the topographic map, etc. shall be made in accordance with Article 8 of the Framework Act on the Regulation of Land Use. |
| (6) | None of the following activities shall be done within an arboretum development project area which is designated or the designation of which is changed pursuant to paragraph (1) or (4): Provided, That the same shall not apply in cases where permission therefor is obtained from the Administrator of the Korea Forest Service or the head of the relevant local government, as prescribed by Presidential Decree: |
| 1. | Conversion of forest land or farmland; |
| 2. | Deforestation or extraction or gathering of earth, stone and other forest products; |
| 3. | Construction of buildings; |
| 4. | Installation of structures. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 6-3 (Establishment of Plan for Creation of Korea National Arboretum) |
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| (1) | When the Administrator of the Korea Forest Service seeks to create the Korea National Arboretum, he/she shall establish a plan for the creation of the Korea National Arboretum and publish the details thereof in the Official Gazette in accordance with the standards established by Presidential Decree. The same shall also apply to any modifications to the plan for the creation of the Korea National Arboretum. |
| (2) | When the Administrator of the Korea Forest Service seeks to establish or change a plan for the creation of the Korea National Arboretum pursuant to paragraph (1), he/she shall hear opinions of the relevant residents in advance and consult with the head of the competent administrative agency thereabout: Provided, That the hearing of opinions of the relevant residents may be omitted if their opinions are already reflected in designating the arboretum development project area pursuant to Article 6-2 (1). |
[This Article Added by Act No. 9661, May 8, 2009]
CHAPTER II CREATION OF ARBORETUMS
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| Article 7 (Approval, etc. of Plan for Creation of Arboretums) |
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| (1) | A Mayor/Do Governor may, in receipt of an application by a person seeking to create an arboretum (excluding the Korea National Arboretum; hereafter the same shall apply in this Article), approve a plan for the creation of such arboretum, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
| (2) | Where a person who has obtained approval under paragraph (1) intends to make any modification to any matter prescribed by Presidential Decree with respect to the plan for the creation of arboretum, he/she shall obtain approval for such modification from the Mayor/Do Governor. |
| (3) | In approving a plan for the creation of an arboretum or any modification to such plan pursuant to paragraphs (1) and (2), a Mayor/Do Governor shall grant such approval only where the standards established by Presidential Decree are met in terms of the concreteness and feasibility of the relevant business plan, the conditions of location, the security of a site, etc. |
| (4) | In approving a plan for the creation of an arboretum or any modification to such plan pursuant to paragraphs (1) and (2), the Mayor/Do Governor shall consult in advance with the head of the competent administrative agency about the matters described in subparagraphs of Article 8. |
| (5) | If a person who has obtained approval pursuant to paragraph (1) falls under any of the following subparagraphs, aMayor/Do Governor may revoke that approval. In such cases, the Mayor/Do Governor shall give the person an opportunity to take necessary corrective measures within a fixed period prior to such revocation: |
| 1. | Where a person fails to commence a project to create an arboretum within one year from the date he/she has obtained approval pursuant to paragraph (1) or suspends a project for one year or longer, without any reasonable ground; |
| 2. | Where it is found impractical for a person to implement a plan for the creation of arboretum because of unsound management, etc. of the relevant project. |
| (6) | A Mayor/Do Governor may, upon revocation of a plan for the creation of an arboretum pursuant to paragraph (5), order a person who has obtained approval of such plan to reinstate the relevant forest within a fixed period. |
| (7) | A Mayor/Do Governor shall, upon approval of a plan for the creation of an arboretum, approval of any modification to such plan, or revocation of such approval pursuant to paragraphs (1), (2) and (5), notify such fact to the agency subject to consultation under paragraph (4) and other interested persons and announce it, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 8 (Relationship with other Acts) |
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Where a plan for the creation of the Korea National Arboretum is announced pursuant to Article 6-3 (1) or approval of a plan for the creation of an arboretum or approval for modifications to such plan is granted under Article 7 (1) or (2), any of the following permission, authorization, reporting, etc. shall be deemed granted or made: [This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 8-2 (Expropriation of Land, etc.) |
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| (1) | The State or a local government may expropriate or exercise its ownership or other rights to the land concerned and fixtures on the land if necessary for creating arboretums. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
CHAPTER III REGISTRATION, OPERATION, ETC. OF ARBORETUMS
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| Article 9 (Registration) |
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| (1) | Any person who operates an arboretum (excluding the Korea National Arboretum) may register the following matters with the Mayor/Do Governor, as prescribed by Presidential Decree, after securing professional administrators, forest genetic resources, and facilities for the proliferation, cultivation, management, exhibition, etc. of forest genetic resources necessary to attain the purposes of establishment thereof: |
| 1. | Name of the arboretum; |
| 2. | Location of the arboretum; |
| 3. | Name and address of the arboretum operator; |
| 4. | Facility specifications of the arboretum; |
| 5. | List of forest genetic resources held by the arboretum; |
| 6. | Other matters deemed necessary by the Mayor/Do Governor. |
| (2) | Where a person who has filed for registration under paragraph (1) modifies any registered matter, he/she shall register such modification: Provided, That this shall not apply with respect to the list of forest genetic resources under paragraph (1) 5. |
| (3) | Qualifications for professional administrators and requirements for registration of both forest genetic resources and facilities for the proliferation, etc. of forest genetic resources under paragraph (1), and other necessary matters regarding registration and the registration of modifications to registered matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 10 (Issuance of Certificates of Registration) |
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A Mayor/Do Governor shall, upon completion of registration under Article 9 (1), issue to the applicant a certificate of arboretum registration. [This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 11 (Entrance Fees, etc.) |
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| (1) | The operator of an arboretum may collect entrance fees and facility usage fees from visitors to the arboretum. |
| (2) | Standards for collection of entrance fees and facility usage fees under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, and for public arboretums such standards shall be specified by ordinances of local governments in compliance with the standards prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 12 (Opening and Temporary Closure of Arboretums) |
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| (1) | Any arboretum registered pursuant to Article 9 (1) (hereinafter referred to as "registered arboretum") shall be open to the public for at least the number of days per year prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
| (2) | Any person who seeks to close his/her registered arboretum for six or more consecutive months shall report it to the Mayor/Do Governor, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 13 (Cancellation of Registration) |
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| (1) | A Mayor/Do Governor may cancel the registration of an arboretum if it falls under any of the following subparagraphs: |
| 1. | Where the operator of a registered arboretum reports its closure; |
| 2. | Where the operator of a registered arboretum files an application for cancellation of the registration thereof. |
| (2) | Necessary matters regarding reporting on the closure of registered arboretums and the application for cancellation of the registration of arboretums under paragraph (1) shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 14 (Exchange of Forest Genetic Resources) |
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| (1) | Arboretums may exchange forest genetic resources and other related information with each other. |
| (2) | The State or a local government may preferentially provide registered arboretums with its own forest genetic resources at or free of charge, in accordance with the State Property Act, the Commodity Management Act or the Public Property and Commodity Management Act. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 15 (Exchange of Forest Genetic Resources with Foreign Countries) |
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| (1) | An arboretum shall file a report with the Administrator of the Korea Forest Service if it seeks to exchange forest genetic resources with a foreign arboretum or other related institution, etc.: Provided, That where forest genetic resources are moved from the territory of the Republic of Korea into foreign countries pursuant to the Wildlife Protection and Management Act, it shall be governed by the provisions of the Wildlife Protection and Management Act. <Amended by Act No. 10977, Jul. 28, 2011> |
| (2) | Matters necessary for the exchange of forest genetic resources with foreign arboretums, etc. shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 16 (Assistance to Promote Exchange of Information, etc.) |
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In order to promote the efficient exchange, management and use of forest genetic resources among or by arboretums as well as mutual cooperation among various arboretums, the Administrator of the Korea Forest Service or the heads of local governments may assist registered arboretums in their work described in each of the following subparagraphs:
| 1. | Adjustment of forest genetic resources and standardization of data processing, etc.; |
| 2. | Building of integrated databases on forest genetic resources; |
| 3. | Exchange of information and data on forest genetic resources through information and communications networks; |
| 4. | Other matters regarding the mutual exchange of information among arboretums prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 17 (Demand for Correction) |
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| (1) | A Mayor/Do Governor may demand that the operator of an arboretum make necessary corrections within a fixed period not exceeding six months, if any facility, management or operation of the arboretum falls under any of the following subparagraphs: Provided, That the Administrator of the Korea Forest Service shall demand for such correction in cases falling under subparagraph 4: |
| 1. | Where the operator fails to register any modification to the registered matters under Article 9 (2); |
| 2. | Where the operator fails to open the arboretum for a prescribed number of days under Article 12 (1); |
| 3. | Where the operator fails to report a temporary closure of the arboretum under Article 12 (2); |
| 4. | Where the operator fails to report the exchange of forest genetic resources under Article 15 (1). |
| (2) | The operator of an arboretum in receipt of a demand for correction under paragraph (1) shall comply with such demand unless any justifiable ground exists. |
| (3) | When the Administrator of the Korea Forest Service or the Mayor/Do Governor deems it necessary to make a demand for correction under paragraph (1), he/she may have the relevant arboretum operator submit data relating to the facilities, management and operation of the arboretum. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 17-2 (Prohibited Acts Inside Arboretum) |
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No person shall do any of the following acts inside the Korea National Arboretum or public arboretums:
| 1. | Damaging or withering a plant by inserting foreign body; |
| 2. | Gathering of the flowers or fruits of a plant without authorization; |
| 3. | Other acts prescribed by Presidential Decree which substantially hinder the operation and management of an arboretum. |
[This Article Added by Act No. 10942, Jul. 25, 2011]
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| Article 18 (Revocation of Registration) |
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| (1) | A Mayor/Do Governor may revoke the registration of a registered arboretum if it falls under any of the following subparagraphs: Provided, That if any registered arboretum falls under subparagraph 1, the registration shall be revoked, and if any registered arboretum falls under subparagraph 3 due to any natural disaster or other unavoidable cause but the ground for revocation is ceased within six months, the above main sentence shall not apply: |
| 1. | Where the arboretum is registered by fraudulent or other unlawful means; |
| 2. | Where it is deemed impractical for the arboretum to perform the work described in Article 3 for its failure to satisfy the registration requirements under Article 9 (3); |
| 3. | Where the arboretum fails to comply with a demand for correction under Article 17 (1). |
| (2) | When the Mayor/Do Governor seeks to revoke the registration of an arboretum designated as an ex-habitat conservation agency by the Minister of Environment pursuant to Article 7 of the Wildlife Protection and Management Act, he/she shall hold a prior consultation with the Minister of Environment thereabout. <Amended by Act No. 10977, Jul. 28, 2011> |
| (3) | Where registration is revoked under paragraph (1), the operator of the relevant arboretum shall return the certificate of arboretum registration to the relevant Mayor/Do Governor within seven days from the date of such revocation. |
| (4) | Where the registration of an arboretum is revoked under paragraph (1), the same matters as those so revoked may not be re-registered within two years from the date of such revocation. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
CHAPTER IV CERTIFICATION, ETC. OF TRAINING PROGRAMS
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| Article 18-2 (Certification, etc. of Arboretum Expert Training Programs) |
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| (1) | Any person who intends to establish and operate an arboretum expert training program may make an application for the certification thereof to the Administrator of the Korea Forest Service, or the Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | The Administrator of the Korea Forest Service, or the Mayor/Do Governor shall certify an arboretum expert training program applied for under paragraph (1) only when the training program meets the standards for certification prescribed by Presidential Decree in terms of the hours of education, curricula, educational facilities, etc. |
| (3) | Any certified person pursuant to paragraph (2) may place a certification mark with respect to the pertinent arboretum expert training program, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
| (4) | No person who fails to obtain certification referred to in paragraph (2) shall place a certification mark or other similar mark with respect to an arboretum expert training program. |
| (5) | The period of validity of certification under paragraph (2) shall be three years from the date of certification. |
| (6) | The period of validity of certification under paragraph (5) may be extended for up to two additional years, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
| (7) | Application procedures for the certification of arboretum expert training programs and other necessary matters shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 18-3 (Revocation, etc. of Certification) |
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| (1) | The Administrator of the Korea Forest Service or the Mayor/Do Governor may demand that a person granted certification make necessary corrections within a fixed period not exceeding six months, if such person fails to satisfy the standards for certification under Article 18-2 (2). |
| (2) | The Administrator of the Korea Forest Service or the Mayor/Do Governor may revoke the certification of an arboretum expert training program granted under Article 18-2 (1) and (2) if it falls under any of the following subparagraphs: Provided, That if it falls under subparagraph 1, the certification shall be revoked: |
| 1. | Where the certification is granted by fraudulent or other unlawful means; |
| 2. | Where a demand for correction under paragraph (1) is not complied with. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 18-4 (Utilization of Arboretum Experts) |
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The Administrator of the Korea Forest Service or the heads of local governments may directly select and utilize arboretum experts or require the operators of arboretums to utilize arboretum experts.
[This Article Added by Act No. 8180, Jan. 3, 2007]
CHAPTER V SUPPLEMENTARY PROVISIONS
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| Article 19 (Designation and Cancellation of Buffer Zones for Korea National Arboretum) |
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| (1) | If deemed necessary to protect forest genetic resources in the Korea National Arboretum, the Administrator of the Korea Forest Service may designate an area adjacent to the Korea National Arboretum as a buffer zone for the Korea National Arboretum (hereinafter referred to as "buffer zone") in accordance with the standards prescribed by Presidential Decree. In such cases, the Administrator of the Korea Forest Service shall consult in advance with the Mayor/Do Governor and the heads of relevant administrative agencies. |
| (2) | The Administrator of the Korea Forest Service may change or cancel the designation of a buffer zone if a ground for change or cancellation arises that makes it impossible to attain the purposes of that designation, as prescribed by Presidential Decree. In such cases, the Administrator of the Korea Forest Service shall consult in advance with the Mayor/ Do Governor and the heads of relevant administrative agencies. |
| (3) | The Administrator of the Korea Forest Service shall, upon designation, change or cancellation of a buffer zone under paragraph (1) or (2), notify the competent Mayor/Do Governor or the heads of relevant administrative agencies thereof In such cases, such fact shall be announced, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 19-2 (Purchase of Land, etc. within Buffer Zones) |
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| (1) | The Administrator of the Korea Forest Service may, if necessary to preserve a buffer zone, purchase land, buildings and other fixtures on the land (hereinafter referred to as "land, etc.") located within the buffer zone in consultation with the owners thereof. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 19-3 (Requests for Purchase of Land, etc.) |
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| (1) | Where a buffer zone is designated and announced under Article 19, the owners of land, etc. located within the buffer zone may request the Administrator of the Korea Forest Service to purchase the land, etc. |
| (2) | The Administrator of the Korea Forest Service shall, upon receipt of a request for the purchase of land, etc. under paragraph (1), purchase such land, etc. within budget limits. |
| (4) | With respect to the purchase of land, etc. under paragraph (2), the procedures for purchase and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 20 (Consultation about Permission, etc. for Activities within Buffer Zones) |
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[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
법령보기 화면
| Article 21 (Hearings) |
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The Administrator of the Korea Forest Service or the Mayor/Do Governor shall hold a hearing when he/she intends to make any of the following dispositions:
| 1. | Revocation of approval of a plan for the creation of an arboretum under Article 7 (5); |
| 2. | Revocation of the registration of a registered arboretum under Article 18 (1); |
| 3. | Revocation of the certification of an arboretum expert training program under Article 18-3. |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 22 (Provision of Subsidies to Cover Operating Expenses, etc.) |
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The State or a local government may, within its budget, provide a person who obtains approval of a plan for the creation of an arboretum under Article 7 (1) and a registered arboretum with subsidies to cover expenses incurred in creating such arboretum and operating such registered arboretum, respectively. [This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
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| Article 23 (Delegation of Authority) |
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Part of authority of the Administrator of the Korea Forest Service under this Act may be delegated to the Mayor/Do Governor or the Director General of the Korea National Arboretum, as prescribed by Presidential Decree.
CHAPTER VI PENAL PROVISIONS
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| Article 23-2 (Penal Provisions) |
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A person who does any act falling under any subparagraph of Article 6-2 (6) without obtaining permission in violation of Article 6-2 (6) shall be punished by imprisonment for not more than 1 year or by a fine not exceeding 20 million won. [This Article Added by Act No. 10942, Jul. 25, 2011]
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| Article 24 (Fines for Negligence) |
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| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won. |
| 1. | A person who damages or withers a plant by inserting foreign body in violation of subparagraph 1 of Article 17-2; |
| 2. | A person who places a certification mark or other similar mark with respect to an arboretum expert training program in violation of Article 18-2 (4). |
| (2) | A person who does the prohibited acts in violation of subparagraph 2 or 3 of Article 17-2 shall be punished by a fine for negligence not exceeding 100,000 won. |
| (3) | Fines for negligence under paragraph (1) and (2) shall be imposed and collected by the Administrator of the Korea Forest Service, a Mayor/Do Governor or the head of a Si, Gun or Gu (referring to the head of an autonomous Gu). |
[This Article Wholly Amended by Act No. 10942, Jul. 25, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Creation of Arboretums)
Approval of, or approval of a modification to, a plan for the creation of an arboretum granted by the Administrator of the Korea Forest Service under Article 34 of the former Forestry Act as at the time this Act enters into force shall be deemed granted pursuant to this Act. Article 3 Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 7167, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 30 Omitted.
ADDENDUM<Act No. 7276, Dec. 31, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 7437, Mar. 31, 2005>
This Act shall enter into force three months after the date of its promulgation.
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. 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.
ADDENDUM<Act No. 8180, Jan. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
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. 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. 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. 9661, May 8, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions) In the application of the penal provisions to any act done prior to the enforcement of this Act, the previous provisions shall prevail. |
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. 10942, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force after six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any approval, registration, consultation, and other acts granted, held, or done by the Administrator of the Korea Forest Service in accordance with previous provisions before this Act enters into force shall be deemed acts done by a Mayor/Do Governor in accordance with the amended provisions of this Act.
Article 3 (Transitional Measures concerning Transfer of Authority, etc.)
If a procedure falling under any of the following subparagraphs as at the time this Act enters into force is in progress, previous provisions shall govern, notwithstanding the amended provisions for the subparagraph concerned;
| 1. | Registration of arboretums and modifications of registration under Article 9 (1) or (2); |
| 2. | Issuance of certificates of arboretum registration under Article 10; |
| 3. | Cancellation of registration of a registered arboretum under Article 13 (1); |
| 4. | Revocation of registration of a registered arboretum, consultation with the Minister of Environment, and return of certificates of arboretum registration pursuant to Article 18; |
| 5. | Prior consultation for the authorization, permission or approval of the development activity under Article 20; |
ADDENDUM<Act No. 10977, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Act enters into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
Last updated : 2013-03-28