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Enforcement Decree Of The Environmental Impact Assessment Act


Published: 2010-10-14

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Environmental Impact Assessment Act and matters necessary for the enforcement thereof.
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 Article 2 (Establishment of Consultation Standards)   print
The term "cases prescribed by Presidential Decree" in the part other than the items of subparagraph 3 of Article 2 of the Environmental Impact Assessment Act (hereinafter referred to as the "Act") means cases falling under any of the following subparagraphs:
1. In cases where a business operator presents higher effluent and emission concentration of pollutants than the standards under the following items taking a target of environment conservation under Article 7 of the Act into consideration:
(a) A permissible standard of emission under Article 16 of the Clean Air Conservation Act;
(b) A water quality standard of effluent water under Article 12 (3) of the Water Quality and Ecosystem Conservation Act;
(c) A permissible standard of effluent under Article 32 of the Water Quality and Ecosystem Conservation Act;
(d) A water quality standard of effluent water under Article 7 of the Sewerage Act;
(e) A control standard of waste disposal facilities under Article 31 (1) of the Wastes Control Act;
(f) A water quality standard of effluent water under Article 13 of the Act on the Management and Use of Livestock Excreta;
(g) Effluent and emission standards of pollutants prescribed by other related Acts for environment conservation;
2. In cases where it is recognized that it is difficult to maintain the standards of natural environment under Article 10 of the Framework Act on Environmental Policy or that deterioration of environment cannot be prevented in the areas to be affected by implementation of projects subject to environmental impact assessment under Article 4 of the Act (hereinafter referred to as "projects subject to environmental impact assessment") with the standards under the items of subparagraph 1.
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 Article 3 (Projects Subject to Environmental Impact Assessment and Scope thereof)   print
(1) The term "facilities prescribed by Presidential Decree" in Article 4 (1) 18 of the Act means disposal facilities under subparagraph 8 of Article 2 or public disposal facilities under subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta.
(2) The specific extent of projects subject to environmental impact assessment under Article 4 (3) of the Act shall be as the attached Table 1.
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 Article 4 (Scope of Projects Subject to Environmental Impact Assessment under Municipal Ordinance of City/Do)   print
The term "scope prescribed by Presidential Decree" in Article 5 (1) of the Act means a project under any of the following subparagraphs:
1. A project a scale of which is not less than 50 percent and less than 100 percent of a project subject to environmental impact assessment under the attached Table 1;
2. A project within the scope consulted with the Minister of Environment in advance by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, the Governor of a Special Self-Governing Province or the Mayor of a Si which has a population of over a half million (hereinafter referred to as "Mayor/Do Governor") as a project a scale of which is less than 50 percent of a project subject to environmental impact assessment under the attached Table 1 or as a project other than projects subject to environmental impact assessment under the attached Table 1.
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 Article 5 (Detailed Items of Environmental Impact Assessment by Field)   print
Detailed items of environmental impact assessment by field (hereinafter referred to as "items to be assessed") under Article 8 of the Act shall be as in the attached Table 2.
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 Article 6 (Preparation of Written Plan for Assessment)   print
(1) A written plan for environmental impact assessment to be prepared pursuant to Article 10 (1) of the Act (hereinafter referred to as "written plan for assessment") shall include matters under the following subparagraphs:
1. Objects and a summary of a project subject to environmental impact assessment;
2. Areas subject to environmental impact assessment;
3. Items to be assessed and methods of assessment;
4. Whether a project falls under a project subject to procedures for simplified assessment under Article 30 (1) of the Act (only applicable to cases where it is intended to collect opinions and consult on a written simplified assessment simultaneously pursuant to Article 31 of the Act);
5. Whether collection of opinions under Article 33 (3) of the Act is to be substituted [only applicable to cases where it is intended to omit procedures for collection of opinions on a draft of a written assessment under Article 14 (5) of the Act (hereinafter referred to as "draft of a written assessment")].
(2) Matters necessary for items to be entered in a written assessment and methods of preparation thereof shall be determined and announced by the Minister of Environment.
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 Article 7 (Period for Deliberation of Written Assessment)   print
The term "period prescribed by Presidential Decree" in Article 10 (5) of the Act means 30 days. In such cases, the period that a business operator complements a written assessment and holidays shall not be included in the period for deliberation.
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 Article 8 (Organization of Deliberative Committee of Written Plans for Environmental Impact Assessment)   print
(1) The chairperson of the deliberative committee of written plans for environmental impact assessment (hereinafter referred to as the "chairperson of the deliberative committee of written plans for assessment") under Article 12 (1) of the Act (hereinafter referred to as the "deliberative committee of written plans for assessment") shall be appointed by the head of a consulting agency or the head of an approving agency from among public officials belonging to a consulting agency (hereinafter referred to as a "consulting agency") or an approving agency (including a business operator who needs not obtain approval, etc. under Article 10 (3) of the Act; hereafter the same shall apply in this Article) of a written environmental impact assessment (hereinafter referred to as "written assessment") under Article 13 (1) of the Act.
(2) The members of the deliberative committee of written plans for assessment shall be as the following subparagraphs:
1. One public official or more belonging to and appointed by the head of an approving agency;
2. One public official or more belonging to and appointed by the head of a consulting agency;
3. One person or more commissioned by the chairperson of the deliberative committee of written plans for assessment from among persons who have much knowledge and experience in connection with the relevant project or environmental impact assessment;
4. One person or more appointed or commissioned by the chairperson of the deliberative committee of written plans for assessment from among specialists and public officials belonging to and recommended by the head of a local government having jurisdiction over the relevant project area or the head of the related central administrative agency.
(3) The deliberative committee of written plans for assessment shall be comprised of members of ten or so, including the chairperson of the deliberative committee of written plans for assessment, appointed or commissioned by the chairperson of the deliberative committee of written plans for assessment at every meeting taking characteristics, etc. of the relevant project into consideration.
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 Article 9 (Functions of Deliberative Committee of Written Plans for Assessment)   print
The deliberative committee of written plans for assessment shall deliberate matters under the following subparagraphs:
1. Areas subject to environmental impact assessment of the relevant project;
2. Items to be assessed and the extent of assessment applicable to the relevant project;
3. Methods of investigation, forecast and assessment classified by assessment items to be selected pursuant to subparagraph 2;
4. Whether a project is subject to procedures for simplified assessment under Article 30 (1) of the Act;
5. Whether it is possible to substitute collection of opinions under Article 33 (3) of the Act;
6. Other matters recognized as necessary by the chairperson of the deliberative committee of written plans for assessment for environmental impact assessment on the relevant project.
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 Article 10 (Duties of Chairperson of Deliberative Committee of Written Plans for Assessment)   print
(1) The chairperson of the deliberative committee of written plans for assessment shall represent the deliberative committee of written plans for assessment and have overall control over affairs of the committee.
(2) When the chairperson of the deliberative committee of written plans for assessment cannot exercise the duties of his/her office by unavoidable reasons, a member whom the chairperson of the deliberative committee of written plans for assessment appoints in advance shall take the chairperson's duties.
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 Article 11 (Operation of Deliberative Committee of Written Plans for Assessment)   print
(1) The chairperson of the deliberative committee of written plans for assessment shall call a meeting of the deliberative committee of written plans for assessment.
(2) A meeting of the deliberative committee of written plans for assessment shall be held by attendance of a majority of the constituent members under Article 8 (3) and shall make a decision by consent of a majority of members attended.
(3) In cases where the relevant project falls under any of the following subparagraphs, notwithstanding paragraphs (1) and (2), the chairperson of the deliberative committee of written plans for assessment may deliberate a written plan for assessment in writing without calling a meeting:
1. In cases where he/she judges that environmental impact due to the relevant project is insignificant;
2. In cases where a draft of a written assessment or a written assessment of a project similar to the relevant project has repeatedly been presented and has already been deliberated;
3. A project which is judged that environmental impact due to the relevant project is only on a specific field.
(4) Allowances and travelling expenses may be paid to members of the deliberative committee of written plans for assessment within the extent of budget: Provided, That in cases where a member who is a public official attends a meeting of the committee in direct connection with affairs under his/her control, the same shall not apply.
(5) Matters necessary for operation of the deliberative committee of written plans for assessment other than matters prescribed by paragraphs (1) through (4) shall be determined by the Minister of Environment.
CHAPTER II PREPARATION OF WRITTEN ENVIRONMENTAL IMPACT ASSESSMENT AND COLLECTION OF OPINIONS
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 Article 12 (Preparation of Written Environmental Impact Assessment)   print
(1) A written assessment shall include matters under the following subparagraphs:
1. A summary;
2. An outline of a project;
3. The present environmental condition on the area where a project subject to environmental impact assessment is implemented and its surrounding area;
4. In cases where consultation on prior environmental review under Article 25 of the Framework Act on Environmental Policy has been made, whether the details of such consultation are reflected;
5. Details decided on items to be assessed and the extent of assessment under Article 10 (3) and (5) of the Act and measures taken by a business operator for them;
6. Opinions of residents and the related administrative agency on a draft of a written assessment and a business operator's opinion of examination on them;
7. Results of environmental impact assessment:
(a) Results of investigation, forecast and assessment classified by items to be assessed;
(b) Measures for environment conservation;
(c) Unavoidable environmental impacts and countermeasures for them;
(d) Establishment of an alternative plan and assessment;
(e) Overall assessment and conclusion;
(f) A plan for investigation of environmental impact after the fact;
8. Appendix:
(a) Referenced materials at the time of preparation of a written assessment;
(b) Personal matters of persons who have participated in preparation of a written assessment;
(c) Explanation of terminology, etc.
(2) Methods of preparation concerning matters under the subparagraphs of paragraph (1) and other matters necessary for preparation of a written assessment shall be determined and announced by the Minister of Environment.
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 Article 13 (Presentation of Draft of Written Assessment)   print
(1) In cases where a business operator intends to collect opinions of residents of the area (hereinafter referred to as "residents") who are to be affected by implementation of a project subject to environmental impact assessment pursuant to Article 14 (1) and (4) of the Act and the related administrative agency, he/she shall present a draft of a written assessment prepared pursuant to Article 21 to the head of administrative agencies under the following subparagraphs:
1. The head of a Si (in case of Jeju Special Self-Governing Province, referring to the Administrative Mayor under Article 17 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the project area of a project subject to environmental impact assessment. In cases where the relevant project area is extended over two Sis/Guns/Gus or more, referring to the head of a Si/Gun/Gu having jurisdiction over the area where the largest area or length of the relevant project area is included;
2. The head of a Si/Gun/Gu having jurisdiction over the area subject to environmental impact assessment (hereinafter referred to as the "head of related Si/Gun/Gu") other than the head of a Si/Gun/Gu under subparagraph 1 (hereinafter referred to as the "head of competent Si/Gun/Gu");
3. The head of an approving agency under Article 16 (1) of the Act;
4. The head of a consulting agency;
5. The head of a basin environmental office or the head of a regional environmental office having jurisdiction over the project area of the project subject to environmental impact assessment;
6. The Mayor/Do Governor having jurisdiction over the project area of the project subject to environmental impact assessment.
(2) The number of copies of and methods of presentation of a draft of a written assessment under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
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 Article 14 (Public Announcement and Public Perusal of Draft of Written Assessment)   print
(1) The head of the competent Si/Gun/Gu shall, if there are no special reasons, such as natural disasters, etc., publicly announce matters under the following subparagraphs on one daily newspaper or more published for distribution all over the country and one daily newspaper or more published mainly for distribution in the relevant area one time or more respectively within ten days from the date when a draft of a written assessment has been received pursuant to Article 13 (1) and offer them to the public perusal of residents, etc. of the area (hereinafter referred to as "residents") to be affected by implementation of the relevant project for at least 20 days up to 60 days:
1. A summary of a project;
2. A period and a place of the public perusal on a draft of a written assessment;
3. Time and methods of presentation of opinions (including opinions as to whether a public hearing is to be held) on a draft of a written assessment.
(2) If the head of the competent Si/Gun/Gu intends to make a public announcement under paragraph (1), he/she shall hear opinions of the head of the related Si/Gun/Gu on a period and a place of the public perusal, etc. in advance to decide the details thereof, and shall arrange so that at least one place of the public perusal may be included in the area over which the head of the related Si/Gun/Gu has jurisdiction.
(3) In cases where the head of an approving agency, etc. (hereinafter referred to as the "head of an approving agency, etc.") under Article 16 (2) of the Act requests the head of the competent Si/Gun/Gu to exclude a part of a draft of a written assessment or omit procedures for a public announcement and the public perusal by a reason falling under any of the following subparagraphs, the latter may exclude a part of a draft of a written assessment from objects of a public announcement and the public perusal or omit the procedures. In such cases, the head of the competent Si/Gun/Gu shall notify the head of a consulting agency of such fact:
1. When necessary for the national security, such as protection of military secrecy, etc.;
2. When opening to the public is limited by Acts and subordinate statutes.
(4) When a public announcement and the public perusal have been made pursuant to paragraph (1), the head of the competent Si/Gun/Gu shall put up the fact that the public announcement and the public perusal have been made and a draft of a written assessment prepared by electronic document on the information and communications network of the relevant Si/Gun/Gu and the information supporting system (hereinafter referred to as "information supporting system for environmental impact assessment") in connection with environmental impact assessment under Article 48 (2) of the Act.
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 Article 15 (Vicarious Execution of Procedures for Public Announcement and Public Perusal by Head of Approving Agency, etc.)   print
(1) In cases where the head of the competent Si/Gun/Gu has failed to make a public announcement and the public perusal of a draft of a written assessment within 20 days from the receipt date of a draft of a written assessment without natural disasters or other special reasons, the head of an approving agency, etc. may make a public announcement pursuant to Article 14 and offer a draft of a written assessment to the public perusal of the residents on behalf of the head of the competent Si/Gun/Gu.
(2) The head of an approving agency, etc. shall, if he/she intends to make a public announcement and the public perusal on behalf of the head of the competent Si/Gun/Gu pursuant to paragraph (1), notify the latter of such fact.
(3) In cases where the head of an approving agency, etc. makes a public announcement and the public perusal on behalf of the head of the competent Si/Gun/Gu pursuant to paragraph (1), the "head of the competent Si/Gun/Gu" shall be deemed the "head of an approving agency, etc." in application of Articles 14 and 16 through 18.
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 Article 16 (Presentation of Opinions of Residents)   print
(1) Residents may present opinions on the expected environmental impact by implementation of the relevant project, a plan of environment conservation and whether a public hearing is to be held or such to the head of the competent Si/Gun/Gu or the head of the related Si/Gun/Gu from the beginning date of the period for the public perusal of a draft of a written assessment and within seven days after the expiration of the period for the public perusal of a draft of a written assessment. In such cases, the head of the related Si/Gun/Gu having been presented opinions by residents shall notify the head of the competent Si/Gun/Gu of the opinions of residents within ten days from the expiration date of the period for the public perusal of a draft of a written assessment.
(2) The heads of administrative agencies under Article 13 (1) 2 through 6 may notify the head of the competent Si/Gun/Gu of opinions on the expected environmental impact by implementation of the relevant project and a plan of environment conservation or such within 30 days from the receipt date of a draft of a written assessment.
(3) In cases where the head of the competent Si/Gun/Gu has been presented opinions pursuant to paragraph (1) or has been notified of opinions pursuant to paragraph (2), he/she shall notify a business operator of opinions presented or notified to him/her and whether a public hearing is to be held within 14 days from the expiration date of the period for the public perusal. In such cases, if he/she has an opinion on a draft of a written assessment, he/she may notify the opinion together.
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 Article 17 (Holding of Explanatory Meeting)   print
(1) A business operator shall hold an explanatory meeting under Article 14 (1) of the Act within ten days from the beginning date of the period for the public perusal of a draft of a written assessment.
(2) In cases where a project subject to environmental impact assessment is extended over two Sis(in case of Jeju Special Self-Governing Province, referring to the administrative Si under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Guns/Gus or more, a business operator shall hold an explanatory meeting in each Si/Gun/Gu: Provided, That in cases where a business operator has consulted with the head of each Si/Gun/Gu, he/she may hold a consolidated explanatory meeting.
(3) In cases where a business operator intends to hold an explanatory meeting under paragraphs (1) and (2), he/she shall publicly announce an outline of a project, time and a place of an explanatory meeting on one central daily newspaper or more and a daily newspaper mainly intended for distribution in the relevant area one time or more respectively no later than seven days before holding of an explanatory meeting.
(4) A business operator may request the head of the competent Si/Gun/Gu to make a public announcement including matters to be announced publicly under paragraph (3) in matters to be announced publicly of a draft of a written assessment under Article 14 (1), and the head of the competent Si/Gun/Gu shall comply with such a request unless there is any special reason. In such cases, when the head of the competent Si/Gun/Gu has made a public announcement under Article 14 (1), it shall be deemed that a business operator has made a public announcement under paragraph (3).
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 Article 18 (Holding of Public Hearing)   print
(1) The term "request of residents within the extent prescribed by Presidential Decree" in the latter part of Article 14 (1) of the Act means a request of residents within the extent falling under any of the following subparagraphs:
1. In cases where the number of residents who have presented an opinion that holding of a public hearing is necessary pursuant to Article 16 (1) is 30 persons or more;
2. In cases where the number of residents who have presented an opinion that holding of a public hearing is necessary pursuant to Article 16 (1) is five persons or more and is over 50 percent of the total number of residents who have presented opinions on a draft of a written assessment.
(2) In cases where a business operator intends to hold a public hearing pursuant to the latter part of Article 14 (1) of the Act, he/she shall make a public announcement of matters under the following subpargarphs on one daily newspaper published for distribution all over the country or more and a daily newspaper published mainly for distribution in the relevant area one time or more respectively 14 days before holding of a public hearing after he/she has consulted on time and a place or such of a public hearing with the head of the competent Si/Gun/Gu in advance:
1. An outline of a project;
2. Time and a place of a public hearing;
3. The presider of a public hearing;
4. Other necessary matters.
(3) A business operator shall notify the head of the competent Si/Gun/Gu and the head of the related Si/Gun/Gu of the results of a public hearing held as prescribed by Ordinance of the Ministry of Environment within seven days after the completion of the public hearing.
(4) In cases where a business operator deems it necessary to widely collect opinions of specialists and residents after the expiration of the period for the public perusal of a draft of a written assessment as cases not falling under the latter part of Article 14 (1), he/she may hold a public hearing in consultation with the head of the competent Si/Gun/Gu. In such cases, paragraphs (2), (3) and (5) shall apply mutatis mutandis to methods of and procedures for holding of the public hearing.
(5) Matters necessary for holding of a public hearing, such as recommendation of persons who are stating opinions at a public hearing, selection of the presider of a public hearing or such, shall be prescribed by Ordinance of the Ministry of Environment.
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 Article 19 (Omission of Explanatory Meeting or Public Hearing)   print
(1) The term "cases falling under reasons prescribed by Presidential Decree, such as normal process has been hindered by a reason for which a business operator cannot be held responsible" in Article 14 (2) of the Act means cases falling under any of the following subparagraphs:
1. In cases where an explanatory meeting has not been held by reasons, such as interference or such of residents, etc. with holding the meeting or has not proceeded normally even if the meeting was held;
2. In cases where a public hearing has not been held by reasons, such as interference or such of residents, etc. with holding the public hearing twice or more, or has not proceeded normally even if the public hearing was held.
(2) In cases where a business operator has omitted an explanatory meeting or a public hearing pursuant to Article 14 (2) of the Act, he/she shall take measures under the following subparagraphs and, in addition, make efforts to explain the relevant project to residents or to hear opinions of residents:
1. In cases where an explanatory meeting has been omitted:
(a) He/she shall make a public announcement of reasons, etc. why an explanatory meeting has been omitted on a daily newspaper published for distribution all over the country and a daily newspaper published mainly for distribution in the relevant area one time or more respectively;
(b) He/she shall put up explanatory materials on the information and communications network of the relevant Si/Gun/Gu or on the information supporting system for environmental impact assessment;
2. In cases where a public hearing has been omitted: He/she shall make a public announcement of reasons, etc. why a public hearing has been omitted, time and methods of presentation of opinions, etc. on a daily newspaper published for distribution all over the country and a daily newspaper published mainly for distribution in the relevant area one time or more respectively.
(3) In cases where a business operator intends to make a public announcement under paragraph (2) 2, he/she shall consult on time and methods of presentation of opinions with the head of the competent Si/Gun/Gu.
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 Article 20 (Extension of Extent of Collection of Opinions)   print
(1) The term "areas prescribed by Presidential Decree" in Article 14 (3) of the Act means the areas under the following subparagraphs:
1. Natural environment conservation areas under subparagraph 4 of Article 6 of the National Land Planning and Utilization Act;
2. Natural parks under subparagraph 1 of Article 2 of the Natural Parks Act;
3. Wetland conservation areas and controlling areas surrounding wetland under Article 8 (1) of the Conservation of Wetlands Act;
4. Areas for special measures under Article 22 of the Framework Act on Environmental Policy.
(2) Article 14 through 19 shall apply mutatis mutandis to procedures for collection of opinions in the areas under paragraph (1). In such cases, "residents" shall be deemed "residents and persons other than residents, such as specialists, etc.".
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 Article 21 (Preparation of Draft of Written Assessment)   print
(1) When a draft of a written assessment is prepared pursuant to Article 14 (5) of the Act, matters under Article 12 (1) 1 through 5, 7 and 8 shall be included in the draft.
(2) Matters necessary for methods of preparation of a draft of a written assessment shall be determined and publicly announced by the Minister of Environment.
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 Article 22 (Re-preparation of Draft of Written Assessment and Recollection of Opinions by Change of Project Plan)   print
The term "reasons prescribed by Presidential Decree, such as change, etc. of a project plan for a project subject to environmental impact assessment" in Article 15 of the Act means cases falling under any of the following subparagraphs:
1. In cases where a business operator intends to change a project subject to environmental impact assessment or its project plan to a greater scale than under the provisions of Article 31 (2) 1 through 3;
2. In cases where a business operator intends to newly install wastes incineration facilities or wastes reclamation facilities which are not less than 50 percent of a scale of the minimum project subject to environmental impact assessment under the attached Table 1;
3. In cases where a business operator has failed to present a written assessment pursuant to Article 16 of the Act within five years from the expiration date of the period for the public perusal of a draft of a written assessment.
CHAPTER III CONSULTATION ON WRITTEN ENVIRONMENTAL IMPACT ASSESSMENT
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 Article 23 (Presentation of Written Assessment and Time for Request for Consultation)   print
(1) Time for presentation of a written assessment under Article 16 (1) of the Act and time for request for consultation under paragraph (2) of the same Article shall be as in the attached Table 1.
(2) The head of an approving agency who has been presented a written assessment by a business operator shall request the Minister of Environment to consult on the written assessment within ten days from the receipt date of the written assessment.
(3) The number of copies of and methods of presentation of a written assessment under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.
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 Article 24 (Projects Subject to Environmental Impact Assessment which Require Hearing of Opinion of Minister of Land, Transport and Maritime Affairs)   print
The term "projects prescribed by Presidential Decree" in Article 17 (2) of the Act means projects under the following subparagraphs:
1. Construction projects at ports;
2. Reclamation of the foreshore and reclamation projects;
3. Projects implemented on the coast under subparagraph 1 of Article 2 under the Coast Management Act;
4. Other projects recognized by the Minister of Environment that they have important influence on the ocean environment.
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 Article 25 (Period for Consultation on Written Assessment)   print
The term "period prescribed by Presidential Decree" in the former part of Article 18 (1) of the Act means 45 days (60 days in cases where the head of a consulting agency has extended the period for consultation by an unavoidable reason). In such cases, the necessary period for a business operator to complement a written assessment and holidays shall not be included in the period for consultation.
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 Article 26 (Notification of Project Plan)   print
In cases where the head of an approving agency, etc. intends to notify the Minister of Environment of whether the details of consultation have been reflected and the details of reflection pursuant to Article 19 (2) of the Act, he/she shall notify them within 30 days from the date when he/she approves, authorizes, permits, licenses or decides (hereinafter referred to as "approval, etc.") or has decided a project subject to environmental impact assessment in which the details of consultation under Article 18 (1) of the Act have been reflected or its project plan (hereinafter referred to as "project plan, etc.").
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 Article 27 (Formal Objection)   print
A person who intends to file a protest against the details of consultation pursuant to Article 20 (1) of the Act shall present a statement of protest including matters under the following subparagraphs to the Minister of Environment within 90 days from the date when he/she has been notified of the details of consultation pursuant to Article 18 (1) of the Act:
1. Details and reasons of a formal objection;
2. Details of consultation which are intended to be changed;
3. Analysis on environmental impact by change of the details of consultation.
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 Article 28 (Organization of Deliberative Committee of Formal Objections)   print
(1) The deliberative committee of formal objections (hereinafter referred to as the "deliberative committee of formal objections") under Article 20 (2) of the Act shall be comprised of members of ten or so, including the chairperson of the deliberative committee of formal objections (hereinafter referred to as the "chairperson of the deliberative committee of formal objections"), appointed or commissioned by the chairperson of the deliberative committee of formal objections at every meeting taking characteristics, etc. of the relevant project into consideration.
(2) The director in charge of affairs of environmental impact assessment in the Ministry of Environment shall be the chairperson of the deliberative committee of formal objections and persons appointed or commissioned by the chairperson of the deliberative committee of formal objections from among persons under the following subparagraphs shall be members of the deliberative committee of formal objections:
1. Public officials in charge of affairs of environmental impact assessment;
2. Public officials of the related central administrative agency;
3. Persons who have much knowledge and experience in connection with environmental impact assessment;
4. Persons recommended by civil organizations, industrial circles, etc.
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 Article 29 (Operation of Deliberative Committee of Formal Objections)   print
(1) The chairperson of the deliberative committee of formal objections shall call a meeting of the deliberative committee of formal objections.
(2) A meeting of the deliberative committee of formal objections shall be held by attendance of a majority of the constituent members and shall make a decision by consent of a majority of members attended.
(3) Allowances and travelling expenses may be paid to members of the deliberative committee of formal objections within the extent of budget: Provided, That in cases where a member who is a public official attends a meeting of the deliberative committee in direct connection with matters under his/her control, the same shall not apply.
(4) Matters necessary for operation of the deliberative committee of formal objections, other than matters prescribed by paragraphs (1) through (3), shall be determined by the Minister of Environment.
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 Article 30 (Period for Notification of Results of Deliberation on Formal Objections)   print
The term "period prescribed by Presidential Decree" in Article 20 (3) of the Act means 30 days (40 days in cases where the period for settlement of a formal objection has been extended by an unavoidable reason). In such cases, the period for complementing a statement of protest and holidays shall not be included in the period for notification.
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 Article 31 (Objects of Re-preparation and Re-consultation of Written Assessment)   print
(1) The term "period prescribed by Presidential Decree" in Article 21 (1) 1 of the Act means the period from the date when the details of consultation have been notified pursuant to Article 18 (1) of the Act to the date when five years elapse.
(2) The term "reasons prescribed by Presidential Decree" in Article 21 (1) 2 of the Act means cases falling under any of the following subparagraphs:
1. Cases where not less than 30 percent of a scale of a project and facilities reflected in the details of consultation under Article 18 (1) of the Act is increased (including cases where not less than 30 percent is increased by several changes; hereinafter the same shall apply);
2. Cases where not less than a scale of the minimum project subject to environmental impact assessment under the attached Table 1 is increased: Provided, That in cases where there is no additional damage to the natural environment or effluent and emission of pollutants as cases where only the area of a factory site under the Industrial Cluster Development and Factory Establishment Act is increased, the same shall not apply;
3. Cases where construction is resumed after the suspension of construction not less than seven years.
(3) In cases where a business operator who has not prepared a written assessment again because he/she has fallen under the proviso to paragraph (2) 2 intends to cause damage to the natural environment or effluent and emission of pollutants at the site, he/she shall prepare a written assessment again pursuant to Article 21 of the Act in advance and present it to the head of an approval agency to go through procedures for reconsultation.
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 Article 32 (Documents to Be Prepared at Time of Examination of Plan for Environment Conservation)   print
(1) A person who intends to undergo an examination under Article 22 (2) of the Act shall present documents including matters under the following subparagraphs to the head of an approving agency:
1. Details of change in a project plan, etc.;
2. Results of investigation, forecast, assessment of environmental impact by change in a project plan, etc.;
3. Details of a plan for environment conservation by change in a project plan, etc.
(2) The term "reasons prescribed by Presidential Decree" in Article 22 (3) of the Act means cases falling under any of the following subparagraphs:
1. Cases where consultation standards are changed;
2. Cases where a scale of a project and facilities is increased by not less than ten percent of a scale of a project and facilities reflected in the details of consultation under Article 18 (1) of the Act;
3. Cases where a floor space or the gross building area of a building or other structure is increased by not less than 30 percent of a floor space or the gross building area reflected in the details of consultation under Article 18 (1) of the Act;
4. Cases where a land utilization plan on the area to be conserved in the original form is changed in the details of consultation under Article 18 (1) of the Act: Provided, That insignificant matters prescribed by Ordinance of the Ministry of Environment shall be excluded;
5. Cases where a land utilization plan on not less than 15 percent of a site area included in the details of consultation under Article 18 (1) of the Act is changed;
6. Cases where matters concerning a building and other structure (including a type of industry in cases of a project of development of location of industry and industrial complex) location of which has been limited in a place of business at the time of notification of the details of consultation under Article 18 (1) of the Act or matters on which an opinion of the head of a consulting agency shall be heard in advance at the time of change of other details of consultation are changed;
7. Cases where pollutants discharged or emitted (referring to pollutants a permissible emission standard has been established pursuant to Article 16 of the Clean Air Conservation Act and a permissible effluent standard has been established pursuant to Article 32 of the Water Quality and Ecosystem Conservation Act) is increased by not less than 30 percent by change of processes or methods of construction, etc. included in the details of consultation notified pursuant to Article 18 (1) of the Act or new pollutants are discharged or emitted.
(3) The head of an approving agency, etc. who intend to hear opinions under Article 22 (3) of the Act shall present documents including matters under the subparagraphs of paragraph (1) to the Minister of Environment.
CHAPTER IV MANAGEMENT OF DETAILS OF CONSULTATION
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 Article 33 (Investigation of Environmental Impact after Fact)   print
(1) The number of copies of and methods, etc. of presentation of the results of investigation of environmental impact after the fact which are to be presented by a business operator pursuant to Article 24 (1) of the Act (hereinafter referred to as "written investigation of environmental impact after the fact") shall be prescribed by Ordinance of the Ministry of Environment.
(2) Projects subject to investigation of environmental impact after the fact and the period for investigation under Article 24 (3) of the Act shall be as in the attached Table 3.
(3) Items of investigation of environmental impact after the fact under Article 24 (3) of the Act mean items falling under the following subparagraphs from among items to be assessed under the attached Table 2:
1. Items for which environmental standards under Article 10 of the Framework Act on Environmental Policy have been established;
2. Other items which require the head of a consulting agency to make investigation of environmental impact after the fact when notifying the details of consultation of a written assessment under Article 18 (1) of the Act.
(4) Details of investigation, methods of investigation, a cycle of investigation by project subject to investigation of environmental impact after the fact, and other necessary matters shall be determined and announced by the Minister of Environment.
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 Article 34 (Notification of Results of Management after Fact, such as Confirmation on Implementation of Details of Consultation)   print
The head of an approving agency shall notify the Minister of Environment of the results of management after the fact, such as whether the details of consultation under Article 26 (1) of the Act have been implemented or such, as prescribed by Ordinance of the Ministry of Environment.
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 Article 35 (Notification of Results of Re-assessment of Environmental Impact)   print
The term "period prescribed by Presidential Decree" in Article 29 (2) of the Act means one year.
CHAPTER V SPECIAL CASES ON PROCEDURES FOR ENVIRONMENTAL IMPACT ASSESSMENT
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 Article 36 (Extent of Projects Subject to Procedures for Simplified Assessment)   print
The term "project prescribed by Presidential Decree" in the main sentence of Article 30 (1) of the Act means a project falling under all of the following subparagraphs:
1. A project which does not have much influence on environment as a project a scale of which is below 200 percent of the minimum scale of a project subject to environmental impact assessment under the attached Table 1;
2. A project which does not include an area falling under any of the following items having high value of conservation environmentally and ecologically in the project area:
(a) An area of the first class nature and ecology under Article 34 of the Natural Environment Conservation Act: Provided, That an area of the first class nature and ecology is conserved in the original form, it shall be excluded;
(b) An area of conservation of wetland and a controlling area surrounding wetland under Article 8 of the Wetlands Conservation Act;
(c) Natural parks under subparagraph 1 of Article 2 of the Natural parks Act;
(d) A special protection area of wild fauna and flora under Article 27 of the Protection of Wild Fauna and Flora Act and a protection area of wild fauna and flora under Article 33 of the same Act;
(h) A waterside area under Article 4 of the Act on the Management of Water and Support of Residents in the Yeongsan and Seomjin River Basins;
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 Article 37 (Period for Deliberation of Projects Subject to Procedures for Simplified Assessment)   print
The term "period prescribed by Presidential Decree" in Article 30 (2) of the Act means the period for deliberation of a written assessment under Article 7.
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 Article 38 (Preparation of Simplified Written Assessment)   print
(1) Matters under Article 12 (1) 1 through 5, 7 and 8 shall be included in a simplified written assessment under Article 31 (1) of the Act.
(2) Matters necessary for methods of preparation of a simplified written assessment under Article 31 (1) of the Act shall be determined and announced by the Minister of Environment.
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 Article 39 (Methods of Preparation of Written Assessment in Which Details of Collection of Opinions Have Been Reflected)   print
Article 12 shall apply mutatis mutandis to preparation of a written assessment under Article 32 (1) of the Act.
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 Article 40 (Relation with Prior Environmental Review)   print
(1) The term "reasons prescribed by Presidential Decree" in Article 33 (2) of the Act means cases falling under all of the following subparagraphs:
1. Cases where the head of the relevant administrative agency has presented items to be assessed and the extent of assessment or such applicable to the relevant project in a written prior environmental review under Article 25-4 of the Framework Act on Environmental Policy;
2. Cases where the head of a consulting agency has specifically notified items to be assessed and the extent of assessment or such applicable to the relevant project as an opinion of consultation on prior environmental review under Article 25-6 of the Framework Act on Environmental Policy.
(2) The term "reasons prescribed by Presidential Decree" in Article 33 (3) of the Act means cases falling under all of the following subparagraphs:
1. When a business operator goes through procedures for collection of opinions under Article 25-5 of the Framework Act on Environmental Policy, he/she shall go through procedures corresponding to procedures for collection of opinions under Articles 14, 16, 17, 18, 20 and 21;
2. Three years shall not have passed from the date when consultation on prior environmental review was completed under Article 25-6 of the Framework Act on Environmental Policy;
3. The scale of a project subject to environmental impact assessment shall not be increased by 30 percent or more compared to the scale at the time of consultation on prior environmental review, nor more than the minimum project scale subject to environmental impact assessment under the attached Table 1;
4. Location of facilities which have much influence on living environment of residents, such as wastes incineration facilities, wastes reclamation facilities, waste water disposal facilities or such, shall not be added.
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 Article 41 (Public Announcement of Actual Results of Vicarious Execution of Environmental Impact Assessment)   print
The Minister of Environment shall put up matters under the following subparagraphs on the information supporting system for environmental impact assessment by the end of March every year pursuant to Article 43 (2) of the Act:
1. Actual results of vicarious execution of environmental impact assessment including name of projects, expenses or such of vicarious execution of assessment classified by agent for assessment;
2. Specific details of administrative disposition including details and reasons of disposition classified by agent for assessment.
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 42 (Opening of Written Assessment to Public)   print
(1) In cases where the Minister of Environment intends to open a written assessment to the public pursuant to Article 45 (1) of the Act, he/she shall open it to the public by making use of the information supporting system for environmental impact assessment pursuant to classifications under the following subparagraphs: Provided, That in cases where a business operator or the head of an approving agency requests the time of opening of a written assessment or such to the public separately fixed, a written assessment or such may be opened to the public at another time:
1. A written assessment under Article 16 (1) of the Act and details of consultation under Article 18 (1) of the Act: within 30 days from the date when the head of a consulting agency has notified an opinion of consultation;
2. A written assessment for re-consultation under Article 21 of the Act: within 30 days from the date when the head of a consulting agency has notified an opinion of re-consultation;
3. A plan of environment conservation under Article 22 (1) of the Act and a review opinion (only applicable to cases where an opinion of the Minister of Environment shall be heard pursuant to paragraph (3) of the same Article: within 30 days from the date when the head of a consulting agency has notified a review opinion;
4. A written investigation of environmental impact after the fact under Article 24 (1) of the Act: within 30 days from the date when a written investigation of environmental impact after the fact has been received;
5. A written assessment in which the details, etc. of collection of opinions have been reflected pursuant to Article 32 of the Act: within 15 days from the date when a written assessment has been presented.
(2) Matters necessary for opening of a written assessment, etc. to the public other than matters prescribed by paragraph (1) shall be determined by the Minister of Environment.
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 Article 43 (Delegation and Commission)   print
(1) The Minister of Environment shall delegate authority under the following subparagrphs to the head of a basin environmental office or the head a regional environmental office pursuant to Article 50 (1) of the Act:
1. Receipt of notification of designation of a person responsible for administration under Article 23 (3) of the Act;
2. Receipt of notification of the results, etc. of investigation of environmental impact after the fact under Article 24 (1) and (2) of the Act;
3. Receipt of notification of the implementation situation of the details of consultation under Article 25 (2) of the Act and reasons, etc. of succession;
4. Request for presentation of data under Article 26 (2) of the Act and access to and investigation of a place of business;
5. Measures and request for orders for measures under Article 26 (5) of the Act;
6. Notification on orders for measures or orders for suspension of works and receipt of notification of matters for which measures have been taken by a business operator under Article 26 (6) of the Act;
7. Confirmation on whether consultation standards are observed under Article 26 (7) of the Act and request for necessary measures;
8. Receipt of notification of commencement, completion, suspension of a project under Article 27 of the Act;
9. Necessary measures or request for orders for measures under Article 28 (4) of the Act;
10. Disposition, such as cancellation of registration and suspension of business or such under Article 39 of the Act;
11. Hearing under Article 40 of the Act;
12. Presentation of data, report, order, investigation under Article 42 of the Act;
13. Imposition and collection of a fine for negligence under Article 54 of the Act;
14. Authority under the following items on projects subject to environmental impact assessment prescribed by the attached Table 4:
(a) Receipt of a written plan of assessment under Article 10 (4) of the Act;
(b) Notification of the results of decision, such as items to be assessed, the extent of assessment or such under Article 10 (5) of the Act;
(c) Receipt of and consultation on a written assessment under Article 16 (2) of the Act;
(d) Request for examination, supplement, adjustment of a written assessment or a project plan under Article 17 (1) of the Act;
(e) Collection of opinions under Article 17 (2) and (3) of the Act;
(f) Request for presentation of related data or such under Article 17 (4) of the Act;
(g) Notification of the details of consultation under Article 18 (1) and (2) of the Act;
(h) Receipt of notification on whether the details of consultation have been reflected under Article 19 (2) of the Act;
(i) Receipt of request for re-consultation under Article 21 (2) of the Act;
(j) Presentation of an opinion on a plan for environment conservation under Article 22 (3) of the Act;
(k) Request for reassessment of environmental impact, receipt of notification of results of reassessment and request for orders for necessary measures under Article 29 of the Act;
(l) Decision on whether a project is subject to procedures for simplified assessment and notification thereof under Article 30 (1) and (2) of the Act;
(m) Opening of a written assessment, etc. to the public under Article 45 (1) of the Act;
(n) Receipt of request for non-opening of a written assessment, etc. to the public under Article 45 (2) of the Act;
15. Receipt of the result of administration after the fact under Article 34.
(2) The Minister of Environment shall commission matters under the following subparagraphs pursuant to Article 50 (2) of the Act to an association:
1. Registration and registration for modification of an agent for assessment under Article 35 of the Act;
2. Receipt of a declaration of discontinuance of business of affairs of an agent for environmental impact assessment under Article 38 of the Act;
3. Receipt of a report of the actual results of vicarious execution for environmental impact assessment under Article 43 (1) of the Act.
CHAPTER VII PENAL PROVISIONS
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 Article 44 (Imposition and Collection of Fine for Negligence)   print
The standards for imposition of a fine for negligence under Article 54 (1) through (3) of the Act shall be as the attached Table 5.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009: Provided, That the amended provisions of Article 43 (2) shall enter into force on April 4, 2009, the amended provisions of subparagraph 3 (d) (i) of the attached Table 1 shall enter into force six months after the enforcement of this Decree.
Article 2 (Applicability to Items to be Assessed)
The amended provisions (applicable to greenhouse gases only) of the attached Table 2 shall apply beginning with the first project a written plan of assessment of which is presented pursuant to Article 10 of the Act after January 1, 2010.
Article 3 (Transitional Measures concerning Disposition)
Announcements, administrative disposition and other acts in connection with environmental impact assessment conducted by administrative agencies pursuant to the previous Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc. at the time when this Decree enters into force, and applications, reports and other acts to administrative agencies shall be deemed acts by administrative agencies or acts to administrative agencies under this Decree corresponding to the previous Decree.
Article 4 Omitted.
Article 5 (Relation with other Acts and Subordinate Statutes)
In cases where the previous Enforcement Decree of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc. or its provisions have been cited by other Acts and subordinate statutes at the time when this Decree enters into force, if there are provisions corresponding to the previous Decree or its provisions in this Decree, it shall be deemed that this Decree or the relevant provisions of this Decree have been cited in lieu of the previous provisions.
ADDENDA<Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM<Presidential Decree No. 22017, Feb. 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 22448, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.