Special Act On The Utilization Of Waterfronts


Published: 2011-07-21

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prevent ill-conceived development and to promote sustainable growth by creating and using areas in the vicinity of national rivers, and to contribute to the promotion of public welfare by utilizing gains therefrom in the improvement and management of rivers.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "national river" means a river designated pursuant to Article 7 (2) of the River Act:
2. The term "waterfront" means an area designated pursuant to Article 4, inclusive of an area within two kilometers of both banks from the boundaries of river basin of a national river more than the rate prescribed by Presidential Decree;
3. The term "waterfront development project" means a project for developing and managing a waterfront so that it may have residential, commercial, industrial, cultural, sightseeing, and leisure functions in harmony with a national river.
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 Article 3 (Relationship with Other Acts)   print
This Act shall apply to waterfronts and waterfront development projects in preference to other Acts: Provided, That where there are provisions in other Acts more relaxed than special cases on regulation in this Act, such Act shall apply thereto.
CHAPTER II DESIGNATION, ETC. OF WATERFRONTS
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 Article 4 (Designation, etc. of Waterfronts)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate as a waterfront an area deemed necessary for development and use as a sustainable waterfront in the adjacent areas where favorableconditions for waterfront are created by the improvement, restoration, etc. of a national river. In such cases, the area of a waterfront that he/she intends to designate shall exceed the area prescribed by Presidential Decree.
(2) Where the Minister of Land, Transport and Maritime Affairs intends to designate or change a waterfront pursuant to paragraph (1), he/she shall formulate a plan concerning a waterfront development project (hereinafter referred to as "development plan"): Provided, That where he/she designates a waterfront in an area prescribed by Presidential Decree, he/she may formulate the development plan after he/she has designated a waterfront.
(3) A person who falls under any of the subparagraphs of Article 12 (1) may formulate a development plan under paragraph (2) and propose designation of, change to or cancelling designation of a waterfront to the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
(4) Where the Minister of Land, Transport and Maritime Affairs intends to designate a waterfront and to formulate a development plan pursuant to paragraphs (1) and (2), he/she shall seek opinions from the relevant Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do Governor (hereinafter referred to as the "Mayor/Do Governor") and consult with the head of a related central administrative agency. In such cases, the Minister of Land, Transport and Maritime Affairs shall request the Mayor/Do Governor to conduct prior environmental review under Article 25 of the Framework Act on Environmental Policy and request the head of a related central administrative agency to consult about prior environmental review under Article 25-3 of the same Act.
(5) Where the Minister of Land, Transport and Maritime Affairs intends to designate or change a waterfront, he/she shall make consultation pursuant to paragraph (4) and seek opinions from residents, etc. under Article 7, and then undergo deliberation by the Waterfront Development Committee under Article 37: Provided, That this shall not apply to cases where he/she changes insignificant matters prescribed by Presidential Decree.
(6) Where the Minister of Land, Transport and Maritime Affairs intends to designate or to change a waterfront, he/she shall submit the issue to the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act for deliberation, in which case Articles 8 and 9 of the same Act shall not apply: Provided, That this shall not apply to cases where he/she changes insignificant matters prescribed by Presidential Decree.
(7) The period for submission of opinions and consultation under paragraph (4) shall not exceed 30 days, and where the Minister of Land, Transport and Maritime Affairs deems it necessary, such as cases where the head of a related central administrative agency or the competent Mayor/Do Governor makes a request, etc., he/she may extend such period only once by up to ten days: Provided, That where the head of a related central administrative agency or the competent Mayor /Do Governor fails to advance his/her opinion within the period for submission of opinions and consultation, he/she shall be deemed to have consulted on the details of a development plan without a dissenting opinion.
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 Article 5 (Basic Direction-Setting forDevelopment of Waterfronts)   print
Where the Minister of Land, Transport and Maritime Affairs intends to formulate a waterfront development plan, he/she shall satisfy the following:
1. Losses of lives and property damage on the waterfront shall be minimized in spite of flooding and destruction of the bank by an extraordinary flood;
2. Pollutant load shall be minimized after the waterfront development project is completed;
3. Thewaterfront development project shall have a minimum effect on river flow;
4. Thewaterfront development project shall be performed in harmony with the inherent ecological, historical, cultural and scenic value of a river;
5. Other matters prescribed by Presidential Decree.
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 Article 6 (Details of DevelopmentPlans)   print
A development plan shall include the following:
1. The name, location and the area of the waterfront;
2. The purpose of designation of the waterfront;
3. The project developer and the period of performance;
4. The method of undertaking the project;
5. A land use plan and a main infrastructure plan;
6. A plan for accommodating the population, traffic control and environment conservation;
7. A plan for raising funds;
8. Where there are land or buildings, other objects or rights to be expropriated or used, the detailed list thereof;
9. Matters concerning the receipt of an advance payment under Article 23;
10. Other matters prescribed by Presidential Decree.
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 Article 7 (Seeking Opinions from Residents, etc.)   print
(1) Where the Minister of Land, Transport and Maritime Affairs intends to designate a waterfront or to change important matters prescribed by Presidential Decree, he/she shall officially announce such designation or change and seek opinions from residents, related experts, etc: Provided, That this shall not apply to cases where he/she changes matters requiring confidentiality for national security.
(2) Matters necessary for seeking opinions from residents, related experts, etc. under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 8 (Official Announcement, etc. of Designation of Waterfronts)   print
(1) Where the Minister of Land, Transport and Maritime Affairs designates, changes or cancels designation of a waterfront, or formulates or changes a development plan, he/she shall officially announce the details thereof in the Official Gazette, as prescribed by Presidential Decree, and notify the head of the competentSi/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) of such details. In such cases, the Minister shall make an official announcement of topographic drawings in accordance with the Framework Act on the Regulation of Land Use.
(2) The head of the competent Si/Gun/Gu who has received related documents pursuant to paragraph (1) shall take necessary measures to make the general public access such documents.
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 Article 9 (Restrictions on Acts, etc.)   print
(1) A person who intends to do acts prescribed by Presidential Decree, such as constructing a building or structure, changing the form and quality of land, collecting soil and stones, partitioning or combining land, piling articles, felling or planting bamboo and trees, in an area where there is an official announcement for seeking opinions from residents, etc. concerning designation and change of a waterfront pursuant to Article 7 (1) shall obtain a permit from the head of the competent Si/Gun/Gu. The same shall also apply to cases where he/she intends to change any permitted matters.
(2) Notwithstanding the provisions of paragraph (1), a person may engage in any of the following activities without obtaining a permit:
1. An act for emergency measures necessary for disaster relief or disaster control;
2. Other acts prescribed by Presidential Decree.
(3) Regarding an act for which a person has already obtained a permit in accordance with the related Acts and subordinate statutes as at the time of an official announcement of designation of a waterfront as an act for which a person should obtain a permit pursuant to paragraph (1), or an act for which a person needs not to obtain a permit, a person who has commenced such construction works or project may perform such construction work or project continuously after he/she reports to the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
(4) The head of a Si/Gun/Gu may order a person who violates paragraph (1) to reinstate the relevant area. In such cases, where a person who was so ordered fails to perform his/her duty, the head of the competentSi/Gun/Gu may do reinstatement works on his/her behalf in accordance with the Administrative Vicarious Execution Act.
(5) Where a person has obtained a permit under paragraph (1), he/she shall be deemed to have obtained a permit under Article 56 of the National Land Planning and Utilization Act.
(6) Except as prescribed by this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permits under paragraph (1).
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 Article 10 (Effects, etc. of Designation of Waterfronts)   print
(1) Where the Minister of Land, Transport and Maritime Affairs has designated and publicly announced a waterfront pursuant to Articles 4 and 8, with regard to matters on which he/she has consulted in advance with the head of a related administrative agency concerning the following subparagraphs and which have undergone deliberation by the Central Urban Planning Committee (limited to cases under subparagraph 1), such shall be deemed to have been designated, formulated and approved:
1. The formulation or confirmation ofamendment to a metropolitan city plan under Article 16 of the National Land Planning and Utilization Act;
2. The formulation or confirmation ofamendment to an urban master plan and approval from the Do Governor under Articles 18, 22 and 22-2 of the National Land Planning and Utilization Act;
3. Designation of a district unit planning area under Article 51 of the National Land Planning and Utilization Act.
(2) Where the Minister of Land, Transport and Maritime Affairs has publicly announced a waterfront designated or changed, the head of the competent local government shall reflect such designation or change in a plan for the control of the total amount of pollutants under Article 8 of the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System, and a master plan for the control of the total amount of pollutants and an action plan for the control of the total amount of pollutants under Articles 10 and 11 of the Act on Water Management and Resident Support in the Geum River Basin, the Act on Water Management and Resident Support in the Nakdong River Basin and the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins.
(3) Where the Minister of Land, Transport and Maritime Affairs has publicly announced a waterfront designated or changed, the head of the competent local government shall preferentially reflect such designation or change in a master plan for the improvement of sewerage under Articles 5 and 6 of the Sewerage Act. In such cases, where the Minister of Environment intends to approve a master plan for the improvement of sewerage pursuant to Article 6 (1) of the Sewerage Act, he/she shall approve such master plan within 40 days from the date he/she receives a request for approval of such master plan from the head of the competent local government, unless there is a compelling reason to do otherwise.
(4) Where the Minister of Environment has approved a master plan for the improvement of sewerage pursuant to paragraph (3), he/she shall be deemed to have cancelled the designation of an area alongside a body of water under Article 4 of the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System, the Act on Water Management and Resident Support in the Geum River Basin, the Act on Water Management and Resident Support in the Nakdong River Basin and the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins.
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 Article 11 (Cancellation of Designation of Waterfronts)   print
(1) Where a project developer fails to apply for approval of an action plan under Article 13 on all or any part of a waterfront within three years from the date it is designated and announced as a waterfront, designation of the relevant waterfront shall be deemed cancelled on the date after such period expires.(2) Where designation of a waterfront is cancelled pursuant to paragraph (1) andthere is designation, formulation or approval under any subparagraph of Article 10 (1), cancellation under paragraph (4) of the same Article, or approval or permission under Article 15, the relevant waterfront shall be deemed returned to the state before designation or terminated.
(3) Where designation of a waterfront is cancelled pursuant to paragraph (1), the Minister of Land, Transport and Maritime Affairs shall publicly announce such cancellation and notify the head of a related administrative Agency of such cancellation, as prescribed by Presidential Decree.
CHAPTER III WATERFRONT DEVELOPMENT PROJECTS
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 Article 12 (Project Developers)   print
(1) Any of the following persons designated by the Minister of Land, Transport and Maritime Affairs shall undertake a waterfront development project:
1. The State or a local government;
2. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
3. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation:
4. A local corporation established under the Local Public Enterprises Act.
(2) The Minister of Land, Transport and Maritime Affairs may preferentially designate a person under paragraph (1) 2 as a project developer for a waterfront development project .
(3) Where a project developer fails to commence a waterfront development project within three years after it has obtained approval of an action plan pursuant to Article 13 (1), or is deemed to be unable to complete or impossible to complete a waterfront development project within the period fixed in the action plan, the Minister of Land, Transport and Maritime Affairs may replace the project developer with another person and have such another person undertake the relevant waterfront development project.
(4) Where the Minister of Land, Transport and Maritime Affairs deems it necessary for the efficient performance of a waterfront development project, a project developer may partially entrust a third party with the waterfront development project or have a person scheduled to purchase the prepared site undertake the project on its behalf.
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 Article 13 (Action Plans for Waterfront Development Projects)   print
(1) Where a project developer under Article 12 (1) intends to undertake a waterfront development project, it shall prepare an action plan for a waterfront development project (hereinafter referred to as "action plan") and obtain approval from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree. The same shall also apply to cases where it amends the action plan.
(2) Where the Minister of Land, Transport and Maritime Affairs intends to approve an action plan pursuant to paragraph (1), he/she shall consult with the competent Mayor/Do Governor and the head of a related central administrative agency, and then undergo deliberation by the Waterfront Development Committee pursuant to Article 37: Provided, That this shall not apply to cases where it changes insignificant matters prescribed by Presidential Decree.
(3) Where a project developer intends to obtain approval of an action plan pursuant to paragraph (1), it shall carry out environment impact assessment under Articles 22 and 42 of the Environmental Impact Assessment Act in advance. <Amended by Ac No. 10892, Jul. 21, 2011>
(4) An action plan shall include the following:
1. The name, location and size of the area intended to be designated as a waterfront;
2. The name (in cases of a corporation, the name of the corporation and the name of its representative) and domicile of the project developer;
3. The period of performance of the project;
4. A ground plan and drawings and specifications of thedevelopment plan;
5. A land use plan;
6. An environment management plan;
7. An infrastructure building plan;
8. A plan for raising funds and an annual investment plan;
9. A plan for supply and disposition of developed land and apartment houses;
10. A plan to implement matters under the subparagraphs of Article 5;
11. Other matters prescribed by Presidential Decree.
(5) Where the Minister of Land, Transport and Maritime Affairs has approved an action plan or any amendment thereto pursuant to paragraph (1), he/she shall publicly announce matters prescribed by Presidential Decree in the Official Gazette and send a copy of related documents to the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu.
(6) The head of a Si/Gun/Gu who receives a copy of related documents pursuant to paragraph (5) shall take the necessary measures to make the general public access such documents.
(7) Where matters determinedon an urban management plan are included in related documents, the head of theSi/Gun/Gu who receives a copy of the related documents pursuant to paragraph (5) shall take necessary measures for preparation of topographic drawings pursuant to Article 32 of the National Land Planning and Utilization Act. In such cases, a project developer shall submit documents necessary for publication of topographic drawings to the head of the competentSi/Gun/Gu.
(8) With regard to matters approved and announced pursuant to paragraphs (1) and (5), notwithstanding the provisions of Article 32 of the National Land Planning and Utilization Act, the head of the competentSi/Gun/Gu may publish topographic drawings regarding an urban management plan under Article 32 of the same Act during the period of performance of the project under paragraph (4) 3.
[Enforcement Date: Jul. 22, 2012]
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 Article 14 (Access, etc. to Land)   print
(1) Where a person who intends to propose designation of a waterfront or a project developer intends to make an investigation or survey for the preparation of a development plan, he/she may have access to land of others or temporarily use land of others as a material yard, passage or temporary road, and change or remove bamboo and trees, soil and stones, and other obstacles.
(2) Articles 130 (2) through (9), 131, 144 (1) 2 and 3 and (3) of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases under paragraph (1). In such cases, a "developer of an urban planning infrastructure project" shall be deemed a "project developer" under this Act.
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 Article 15 (Legal Fiction as Approval or Permission under Other Acts)   print
(1) Where the Minister of Land, Transport and Maritime Affairs approves an action plan under Article 13, with regard to matters on which he/she has consulted in advance with the head of a related administrative agency pursuant to paragraph (2) regarding permission, approval, report, determination, designation, license, consultation, consent, cancellation, deliberation, etc. (hereinafter referred to as "approval, permit, etc.") under the following subparagraphs, the relevant approval, permit, etc. shall be deemed to have been obtained, and where approval or an announcement of an action plan is given or made, an announcement or official announcement of approval, permit, etc. shall be deemed to have been made under the following Acts:
1. A building permit under Article 11 of the Building Act, a report on building under Article 14 of the same Act, a change to permitted or reported matters under Article 16 of the same Act, a permit for or report on a temporary building under Article 20 of the same Act and consultation on building under Article 29 of the same Act;
2. The formulation of a master plan for reclamation under Article 22 of the Public Waters Management and Reclamation Act, a reclamation license under Article 28 of the same Act, an announcement under Article 33 of the same Act, approval or an announcement of an action plan for reclamation under Article 38 of the same Act and consultation or approval under Article 35 of the same Act;
3. The discontinuation of use of administrative property under Article 11 of the Public Property and Commodity Management Act, and a permit to use or make a profit under Article 20 of the same Act;
4. Registration of tourism under Article 4 of the Tourism Promotion Act, approval of a development plan under Article 15 of the same Act, designation of a tourist resort and tourist complex under Article 52 of the same Act, approval of a tourist resort or tourist complex development plan under Article 54 of the same Act, and a permit to undertake a development project under Article 55 of the same Act;
5. A permit to use administrative property under Article 30 of the State Property Act and the discontinuation of use of administrative property under Article 40 of the same Act;
6. Determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act, a permit for development activities under Article 56 of the same Act, designation of a developer of an urban planning infrastructure project under Article 86 of the same Act, approval of an action plan under Article 88 of the same Act, and a permit regarding a contract for land transaction under Article 118 of the same Act;
7. Approval to use agricultural production infrastructure for a purpose other than the intended purpose under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
8. Change to or cancellation of an agriculture promotion area, etc. under Article 31 of the Farmland Act and apermit or consultation to convert farmland under Article 34 of the same Act;
10. Consultation with or approval from a road management agency under Article 5 of the Road Act, a permit to undertake road construction under Article 34 of the same Act and a permit to occupy and use a road under Article 38 of the same Act;
11. Designation of a project developer under Article 11 of the Urban Development Act and approval of an action plan for an urban development project under Article 17 of the same Act;
13. Apermit to fell, etc. under Article 14 of the Work against Land Erosion or Collapse Act and cancellation of designation of an erosion control area under Article 20 of the same Act;
14. A permit to fell, or report on felling, standing trees, etc. under Article 36 (1) and (4) of the Forest Resources Creation and Management Act, permit for, or report onacts in a forest reserve under Article 45 (1) and (2) of the same Act, and consultation on the cancellation of designation of a forest reserve under Article 46 (1) of the same Act;
15. Approval of an action plan for the development of a national industrial complex under Article 17 of the Industrial Sites and Development Act, approval of an action plan for the development of a general industrial complex under Article 18 of the same Act, approval of an action plan for the development of an advanced urban industrial complex under Article 18-2 of the same Act, and designation of a project developer under Article 16 of the same Act;
16. Change or cancellation of a conserved mountainous district under Article 6 of the Management of Mountainous Districts Act, and a permit to convert mountainous districts under Article 14 of the same Act and a report on converting mountainous districts under Article 15 of the same Act;
18. The formulation and approval of a master plan for the improvement of small rivers under Article 6 of the Small River Maintenance Act, the formulation of a performance plan for the improvement of a small river under Article 8 of the same Act, a permit to undertake a small river conservation works under Article 10 of the same Act, and a permit for or report on occupation and use of a small river, etc. under Article 14 of the same Act;
19. Approval of general waterworks under Article 17 of the Water Supply and Waterworks Installation Act, approval of waterworks for industrial purposes under Articles 49 and 50 of the same Act, approval of exclusive waterworks under Article 52 of the same Act and approval of exclusive waterworks for industrial purposes under Article 54 of the same Act;
20. Amendment to an integrated coast management plan and a regional coast management plan under Article 12 of the Coast Management Act;
21. Registration of the establishment of a large-scale shop under Article 8 of the Distribution Industry Development Act, designation of a common collection and delivery center under Article 29 of the same Act, and designation of a common collection and delivery center development promotion district under Article 34 of the same Act;
22. Change to and cancellation of designation of a forestry promotion area under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
23. A report on opening of a grave under Article 8 of the Act on Funeral Services, etc. and a permit to open a neglected grave under Article 27 (1) of the same Act;
24. Registration of a housing construction business operator, etc. under Article 9 of the Housing Act and approval of a development plan under Article 16 of the same Act;
26. Designation of a developer of a housing site development project under Article 7 of the Housing Site Development Promotion Act and approval of an action plan for a housing site development project under Article 9 of the same Act;
27. Approval for or a report on the establishment of waste disposal facilities under Article 29 of the Wastes Control Act;
28. A permit to perform public sewerage works under Article 16 of the Sewerage Act and a permit to occupy and use public sewerage under Article 24 of the same Act;
29. Consultation with or approval from a river management agency under Article 6 of the River Act, amendment to a master plan of rivers under Article 25 of the same Act, a permit to perform river conservation works or approval of an action plan for river conservation works under Article 30 of the same Act, a permit to occupy and use a river under Article 33 of the same Act and a permit to use river water under Article 50 of the same Act.
(2) Where the Minister of Land, Transport and Maritime Affairs intends to approve an action plan which includes matters falling under any of the subparagraphs of paragraph (1), he/she shall consult in advance with the head of a related administrative agency, along with related documents submitted by a project developer. In such cases, the head of a related administrative agency shall advance his/her opinion within 30 days from the date he/she receives a request for consultation, and where he/she fails to advance his/her opinion within the same period, he/she shall be deemed to have no opinion.
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 Article 16 (Special Cases on Application of Special Act on the Management of Metropolitan Transport in Metropolitan Areas)   print
(1) Where a waterfront development project constitutes a large-scale development project under Article 7-2 (1) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas, notwithstanding the provisions of the same paragraph, the Minister of Land, Transport and Maritime Affairs may devise measures for the improvement of metropolitan transport. In such cases, a project developer shall prepare measures for the improvement of metropolitan transport and submit the same to the Minister of Land, Transport and Maritime Affairs.
(2) Where the Minister of Land, Transport and Maritime Affairs devises measures for the improvement of metropolitan transport under paragraph (1), notwithstanding the provisions of Article 7-2 (3) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas, he/she shall seek opinions from the competent Mayor/Do Governor and notify the Mayor/Do Governor of measures for the improvement of metropolitan transport after he/she has determined the same after deliberation by the Waterfront Development Committee under Article 37.
(3) The Mayor/Do Governor shall advance his/her opinion within 30 days from the date he/she is requested to advance his/her opinion under paragraph (2), and where he/she fails to advance his/her opinion within the same period, he/she shall be deemed to have no opinion.
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 Article 17 (Special Cases concerning Housing Supply)   print
(1) Where necessary to achieve the purpose of a waterfront development project, notwithstanding the provisions of Article 38 of the Housing Act, the Minister of Land, Transport and Maritime Affairs may separately set standards for supplying housing, as prescribed by Presidential Decree.
(2) The Minister of Land, Transport and Maritime Affairs may limit the methods of supplying housing under paragraph (1) on a speculation-prone area prescribed by Presidential Decree.
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 Article 18 (Construction of Infrastructure and Repayment of Expenses)   print
Where a project developer undertakes a waterfront development project, Article 23 of the Housing Act shall apply mutatis mutandis to construction of infrastructure and repayment of expenses incurred in construction.
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 Article 19 (Expropriation or Use of Land, etc.)   print
(1) A project developer may expropriate or use land, etc. where necessary for a waterfront development project.
(2) Where the Minister of Land, Transport and Maritime Affairs designates and publicly announces a waterfront, thewaterfront development project shall be deemed approved under Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works, and approval of the project shall be deemed announced publicly under Article 22 of the same Act.
(3) Notwithstanding the provisions of Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works, a project developer may make an application for decision on the expropriation or use of land, etc. under paragraph (1) within the period for undertaking the waterfront development project fixed in an action plan.
(4) The land expropriation committee responsible for rendering decisions on the expropriation or use of land, etc. under paragraph (1) shall be the Central Land Expropriation Committee.
(5) Except as provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply to the expropriation or use of land, etc. under paragraph (1).
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 Article 20 (Inspection of Completion)   print
(1) Where a project developer has completed all or any part of a waterfront development project, he/she shall submit a report on completion of construction works to the Minister of Land, Transport and Maritime Affairs without delay and undergo an inspection of completion, as prescribed by Presidential Decree.
(2) Where the Minister of Land, Transport and Maritime Affairs deems that a project developer has performed construction worksas approved after he/she conducts an inspection of completion under paragraph (1), he/she shall issue a certificate of completion to such a project developer, and where a project developer has failed to perform construction works in accordance with an action plan, he/she shall order such a project developer to take necessary measures, such as additional works, etc., without delay. In such cases, he/she shall in advance consult on an inspection of completion on approval, permit, etc. under the subparagraphs of Article 15 (1) with the head of a related administrative agency.
(3) Where a project developer has received a certificate of completion under paragraph (2), it shall be deemed to have undergone an inspection of completion or obtained approval of completion, etc. according to approval, permit, etc. under the subparagraphs of Article 15 (1).
(4) In order for a project developer to use land developed and facilities built by a waterfront development project before it receives a certificate of completion under paragraph (2), it shall obtain a permit to use before completion.
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 Article 21 (Official Announcement of Completion of Construction Works)   print
When the Minister of Land, Transport and Maritime Affairs has issued a certificate of completion to a project developer pursuant to Article 20 (2), he/she shall make an official announcement of the completion of construction work.
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 Article 22 (Supply of Developed Land, etc.)   print
Where a project developer intends to supply land, a building or structure, etc. created by a waterfront development project (hereinafter referred to as "developed land, etc."), it shall obtain approval from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
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 Article 23 (Advance Payment)   print
A project developer may receive all or some of the relevant consideration in advance from a person who intends to acquire or to use developed land, etc., as prescribed by Presidential Decree.
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 Article 24 (Reversion of Public facilities, etc.)   print
(1) Where a project developer has built public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act or facilities replacing the existing public facilities by undertaking a waterfront development project, Article 65 of the same Act shall apply to reversion thereof. In such cases, a "person who is not an administrative agency" shall be deemed a "project developer" under this Act.
(2) In registration of public facilities and property under paragraph (1), a development plan, approval of an action plan and a certificate of completion may replace documents that prove the grounds for registration under the Registration of Real Estate Act.
(3) In applying the National Land Planning and Utilization Act mutatis mutandis pursuant to paragraph (1), for property a management agency of which is ambiguous, the Minister of Land, Transport and Maritime Affairs shall be deemed a management agency of roads, rivers, ditches, etc., and the Minister of Strategy and Finance shall be deemed a management agency of other property.
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 Article 25 (Restrictions on Disposition, etc. of State-Owned Land and Public Land)   print
(1) The State or a local government shall not dispose of waterfront land owned by the State or a local government necessary for a waterfront development project, such as sale for a purpose other than the purpose designated by a waterfront development project, etc.
(2) Notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act, the State or a local government may sell waterfront property owned by the State or a local government necessary for a waterfront development project by private contract.
(3) Notwithstanding the provisions of other Acts and subordinate statutes, the Minister of Strategy and Finance shall manage and dispose of State property the management agency of which is unknown, out of property to be transferred to a project developer pursuant to paragraph (2).
(4) Where the State or a local government sells State property or public property on a waterfront to a project developer, it may partially relax the conditions of sale, such as long-term payment in installments, etc., in consideration of the development conditions, as prescribed by Presidential Decree.
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 Article 26 (Application Mutatis Mutandis to Projects Outside Waterfronts)   print
Where the State or a local government undertakes a project directly related to a waterfront development project, such as a road, waterworks and sewerage, electric installations, etc., in an area adjacent to the waterfront, some of the provisions of this Act shall apply mutatis mutandis to the relevant project, as prescribed by Presidential Decree.
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 Article 27 (Cancellation of Designation, etc. of Project Developers)   print
(1) Where a project developer falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may cancel designation of the project developer, approval or a permit under this Act, or order it to suspend or change other related construction works, to rebuild, change or remove facilities or objects:
1. Where the project developer obtains designation, a permit or approval under this Act by fraudulent or other unlawful means;
2. Where the project developer is considerably behind the scheduled progress for reasons imputable to it;
3. Where it is impossible for the project developer to perform a waterfront development project continuously due to a natural disaster or change in the circumstances of other necessity for the important public interest, etc;
4. Where a project developer violates an order to take necessary measures, such as additional works, under Article 20 (2);
5. Where a project developer violates an order to make a report or submit materials under Article 29 (1).
(2) Where the Minister of Land, Transport and Maritime Affairs has issued a disposition or order under paragraph (1), he/she shall publicly announce such disposition or order, as prescribed by Presidential Decree.
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 Article 28 (Hearings)   print
Where the Minister of Land, Transport and Maritime Affairs intends to cancel designation or approval under this Act, he/she shall hold a hearing.
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 Article 29 (Report, Inspection, etc.)   print
(1) Where the Minister of Land, Transport and Maritime Affairs deems it necessary in connection with the performance of a waterfront development project, he/she may order the project developer to make a necessary report or submit materials, and have a public official under his/her jurisdiction inspect matters concerning the business affairs and accounting regarding the waterfront development project.
(2) A public official who inspects the business affairs or accounting pursuant to paragraph (1) shall carry an identification card indicating his/her authority and produce it to the persons concerned.
(3) Necessary matters concerning an identification card under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) Where a public official conducts an inspection under paragraph (1), he/she shall inform the relevant project developer of the inspection plan, such as the date and time of inspection, reasons for inspection and the details of inspection, etc., seven days prior to the inspection: Provided, That this shall not apply to cases of emergency or cases where he/she deems that he/she will not be able to achieve the purpose of inspection due to destruction of evidence, etc. if he/she informs the inspection plan in advance.
CHAPTER IV RIVER MANAGEMENT FUND
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 Article 30 (Establishment of River Management Fund)   print
The Government shall establish the River Management Fund (hereinafter referred to as the "Fund") in order to secure funds necessary for river conservation works and river maintenance and repair to secure water and prevent flood, etc. in preparation for climate change.
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 Article 31 (Recapture, etc. of Development Gains)   print
(1) The State shall recapture some of increases in the value of land in excess of normal increases in land prices due to a waterfront development project (hereinafter referred to as "waterfront development gains") in accordance with this Act. In such cases, it shall not collect development charges under the Restitution of Development Gains Act.
(2) Waterfront development gains under paragraph (1) shall be the remainder after subtracting any of the following amounts from the value of land subject to imposition at the time of completion of imposition:
1. The value of land subject to imposition at the time of commencement of imposition;
2. Normal increases in land prices during the period of imposition;
3. Development costs attendant upon the waterfront development project;
4. Optimum gains prescribed by Presidential Decree;
5. Some of the expenses incurred in river conservation works announced pursuant to subparagraph 2 of Article 33.
(3) Waterfront development gains recaptured pursuant to paragraphs (1) and (2) shall be reverted to the Fund.
(4) Articles 9 through 12, 14, 15, 17 through 26, 28 and 29 of the Restitution of Development Gains Act shall apply mutatis mutandis to the imposition and recapture of waterfront development gains under paragraph (1). In such cases, "development charges" shall be deemed "waterfront development gains."
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 Article 32 (Raising of Fund)   print
The Fund shall be raised with the following financial resources:
1. Waterfront development gains under Article 31;
2. Money transferred from general accounts and other special accounts;
3. Money transferred from other Funds and deposits received;
4. Earnings from the management of the Fund;
5. Other income prescribed by Presidential Decree.
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 Article 33 (Uses of Fund)   print
The Fund shall be managed for the following uses:
1. River conservation works and river maintenance and repair under subparagraphs 5 and 6 of Article 2 of the River Act;
2. Compensating for expenses incurred in river conservation works approved and announced by the Minister of Land, Transport and Maritime Affairs, among river conservation worksfor national rivers performed at the expense of a person other than the Minister of Land, Transport and Maritime Affairs;
3. Disbursement of expenses incurred in the operation and management of the Fund;
4. Other matters prescribed by Presidential Decree in connection with river conservation works and management.
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 Article 34 (Operation and Management of Fund)   print
(1) The Minister of Land, Transport and Maritime Affairs shall operate and manage the Fund.
(2) Matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree.
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 Article 35 (Accounting Agency of Fund)   print
The Minister of Land, Transport and Maritime Affairs shall appoint a Fund Earnings Collection Officer, a Fund Finance Officer, a Fund Disbursement Officer and a public official in charge of receipts and disbursements of the Fund, from among public officials under his/her jurisdiction, in order to conduct business concerning receipts and expenses of the Fund.
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 Article 36 (Handling Profits and Losses of Fund)   print
(1) Where the Fund makes a profit in the settlement of accounts, it shall reserve the total amount thereof.
(2) Where the Fund accrues a loss in the settlement of accounts, it shall make up the loss with reserves under paragraph (1).
CHAPTER V WATERFRONT DEVELOPMENT COMMITTEE
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 Article 37 (Waterfront Development Committee)   print
(1) The Waterfront Development Committee shall be established in the Ministry of Land, Transport and Maritime Affairs in order to review and deliberate on the following matters concerning waterfronts:
1. Matters concerning designation and change to a waterfront under Article 4;
2. Matters concerning the formulation and amendment to an action plan under Article 13;
3. Matters necessary for undertaking a waterfront development project;
4. Matters concerning the management of the Fund under Article 30;
5. Main policies concerning the utilization of waterfronts;
6. Other matters prescribed by Presidential Decree.
(2) The Waterfront Development Committee shall be comprised of not more than 25 members prescribed by Presidential Decree, including the chairperson, and the Minister of Land, Transport and Maritime Affairs shall be the chairperson of the Waterfront Development Committee.
(3) Where the Waterfront Development Committee is constituted pursuant to paragraph (2), it shall include the following persons:
1. A person recommended by the chairperson of the National Transport Committee, from among the members of the same committee under the Special Act on the Management of Metropolitan Transport in Metropolitan Areas;
2. A person recommended by the chairperson of the Deliberative Committee on Traffic Impact Analysis and Measures for Improvement, from among the members of the same committee under the Ministry of Land, Transport and Maritime Affairs under the Urban Traffic Improvement Promotion Act;
3. A person recommended by the chairperson of the Mountainous District Management Committee, from among the members of the same committee who have the authority to deliberate on a plan for use of a mountainous district belonging to the relevant waterfront in accordance with the Management of Mountainous Districts Act.
(4) Where an action plan has passed through deliberation by the Waterfront Development Committee pursuant to Article 13 (2), it shall be deemed to have undergone review and deliberation by the following committees:
2. The Deliberative Committee on Traffic Impact Analysis and Measures for Improvement under the Urban Traffic Improvement Promotion Act;
3. The Mountainous District Management Committee under the Management of Mountainous Districts Act.
(5) Except as prescribed by this Act, the operation of the Waterfront Development Committee and other necessary matters shall be prescribed by Presidential Decree.
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 Article 38 (Establishment of Organization in Exclusive Charge)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish an organization in exclusive charge, in the Ministry of Land, Transport and Maritime Affairs in order to provide working-level assistance to the Waterfront Development Committee and support designation of a waterfront, management of a waterfront development project, and the management of the Fund, etc.
(2) Matters necessary for the establishment and operation of the organization in exclusive charge under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 39 (Measures for Stabilization of Real Estate Prices and Prevention of Ill-Conceived Development)   print
(1) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor, the head of a Si/Gun/Gu shall take necessary measures for the stabilization of the prices of waterfront real estate and areas adjacent thereto.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu shall request the head of a related central administrative agency or the relevant Mayor/Do Governor to take the following measures against an area where speculation in real estate or a sudden rise of real estate prices is apprehended due to a proposal for designation of a waterfront:
1. Designation of an area designated under Article 104-2 (1) of the Income Tax Act;
2. Designation of an overheated speculation district under Article 41 of the Housing Act;
3. Designation of an area subject to permission on a contract for land transaction under Article 117 of the National Land Planning and Utilization Act;
4. Other measures necessary for the stabilization of real estate prices.
(3) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor, the head of a Si/Gun/Gu shall take necessary measures, such as restrictions on building permits under Article 18 of the Building Act or restrictions on permits for development activities under Article 63 of the National Land Planning and Utilization Act, etc., in order to prevent the ill-planned development of a waterfront and areas adjacent thereto.
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 Article 40 (Reduction of and Exemption from Taxes and Charges)   print
(1) Where necessary for effectively undertaking a waterfront development project, the State and a local government may reduce or exempt from taxes, such as a corporate tax, income tax, customs, acquisition tax, registration and license tax and property tax, etc. for a projectdeveloper, as prescribed by the Restriction of Special Taxation Act, the Customs Act and the Restriction of Special Local Taxation Act.
(2) The State and a local government shall exempt the following charges in order to support a waterfront development project:
1. Costs for creating alternative forestry resources under Article 19 of the Management of Mountainous Districts Act;
2. Charges for conserving farmland under Article 38 of the Farmland Act;
3. Costs for creating alternative grassland under Article 23 of the Grassland Act;
4. Charges for creating traffic under Article 36 of the Urban Traffic Improvement Promotion Act.
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 Article 41 (Delegation of Authority)   print
The Minister of Land, Transport and Maritime Affairs may partly delegate his/her authority under this Act to a Mayor/Do Governor, the head of a Si/Gun/Gu or the head of an agency under his/her jurisdiction, as prescribed by Presidential Decree.
CHAPTER VII PENAL PROVISIONS
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 Article 42 (Penal Provisions)   print
(1) A person engaged in any activity, such as constructing a building, etc., without obtaining a permit or permit to change under Article 9 (1), or obtains a permit by fraudulent or other unlawful means shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
(2) A person who violates an order to suspend or change construction works under Article 27 (1) shall be punished by a fine not exceeding five million won.
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 Article 43 (Joint Penal Provisions)   print
If the representative of a corporation or an agent, an employee or any other worker of the corporation or an individual commits an offense under Article 42 regarding the business of the corporation or individual, not only the offender shall be punished but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply to cases where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation.
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 Article 44 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. A person who refuses or obstructs an act of a project developer under Article 14 (1) without a justifiable ground;
2. A person who fails to make a report or to submit materials under Article 29 (1) or makes a false report;
3. A person who refuses or obstructs an inspection under Article 29 (1).
(2) The Minister of Land, Transport and Maritime Affairs shall impose and collect fines for negligence under paragraph (1).
ADDENDA
(1) (Enforcement Date) This Act shall enter into force four months after the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.