ENFORCEMENT DECREE OF THE NATURAL ENVIRONMENT CONSERVATION ACT
Presidential Decree No. / 13724, / Aug. / 31, / 1992Amended by Presidential Decree No. / 14255, / May. / 4, / 1994
Presidential Decree No. / 14450, / Dec. / 23, / 1994
Presidential Decree No. / 14564, / Apr. / 1, / 1995
Presidential Decree No. / 15098, / Jun. / 29, / 1996
Article 1 (Purpose)
The purpose of this Decree is to provide the matters as prescribed by the Natural Environment Conservation Act
Natural Environment Conservation Act
(hereinafter referred to as the “Act”) and the necessary measures concerning the enforcement of such matters.
Article 2 (Consultation on Important Measures, etc.)
Measures or plans directly related to the natural environment conservation which the head of the central government agency concerned has to consult with the Minister of Environment under the provisions of Article 10 of the Act
Natural Environment Conservation Act
are as follows:<Amended by Presidential Decree No. 14450, Dec. 23, 1994
1. / Plans on national capital region readjustment as prescribed in subparagraph 2 of Article 2 of the Seoul Metropolitan Area Readjustment planning Act
Seoul Metropolitan Area Readjustment planning Act
;
2. / Plans on designating a region to induce factory construction as prescribed in Article 23 of the Industrial placement and Factory Construction Act
Industrial placement and Factory Construction Act
;
3. / Plans concerning a mining development plan and a year-by-year implementation plan as prescribed in Article 101 of the Mining Industry Act
Mining Industry Act
;
4. / Designation of protection water level as prescribed in Article 67 of the Fisheries Act
Fisheries Act
;
5. / Plans on building a forest city as prescribed in Article10-4 (2) of the Forestry Act
Forestry Act
, and designating a natural recreation forest as prescribed in Article 31 of the same Act
Forestry Act
;
6. / Basic plans on supplying aggregate as prescribed in Article 5 of the Aggregate Picking Act
Aggregate Picking Act
;
7. / Basic plans on readjusting rivers as prescribed in Article 15 of the River Act
River Act
;
8. / Plans on designating a inland-water development area as prescribed in Article 5 of the Inland-Water Fisheries Development Promotion Act, and designating a protection water level as prescribed in Article 33 of the Decree of the same Act;
9. / Designation of a free export zone as prescribed in Article 3 of the Act on the Establishment of Free Export Zones
Act on the Establishment of Free Export Zones
; and
10. / Designation of a fee export zone as prescribed in Article 4 of the Fishery Harbors Act.
Article 3 (Matters to be Included in Basic Natural Environment Conservation Plan)
The term “other matters necessary for the conservation of the natural environment, which are prescribed by the Presidential Decree” referred to Article 11 (2) 5 of the Act
Natural Environment Conservation Act
means the following matters:
1. / Matters concerning the designation of a natural environment improvement area;
2. / Matters concerning the execution of a natural environment conservation campaign and education ;
3. / Matters concerning the fostering of a natural environment conservation related group; and
4. / Matters concerning international cooperation in relation to natural environment conservation.
Article 4 (Hearing of Opinions on Basic Plans)
(1) The Minister of Environment shall establish a basic natural environment conservation plan (hereinafter referred to as the “basic plan”), and when he consults with the head of central government agency concerned, he shall listen to the opinions of the Seoul Special Metropolitan City Mayor/Metropolitan City Mayor, or a Do governor (hereinafter referred to as the “Mayor/Do governor”), under the provisions of Article 11 (1) of the Act
Natural Environment Conservation Act
. <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 14564, Apr. 1, 1995
(2) When a basic plan is established as prescribed in Article 11 (1) of the Act
Natural Environment Conservation Act
, the Minister of Environment shall immediately notify it to the head of the administrative agency concerned, and the same head of the administrative agency concerned shall take necessary measures for the implementation of the basic plan. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 5 (Contents of Natural Environment Survey)
(1) The contents of natural environment survey as prescribed in Article 12 (4) of the Act
Natural Environment Conservation Act
are as follows: <Amended by Presidential Decree No. 14450, Dec. 23, 1994
1. / Natural ecosystem of a mountain, river, coast, ocean, or island, etc.;
2. / Topographical, geological and landscape characteristics;
3. / Variety, distribution, habitat of wild animal/plant;
4. / Special plant community and natural green land map determined by the method of survey on natural green land map and classification standards determined by the Minister of Environment;
5. / Kinds of rare wild animal/plant, or of endangered wild animal/plant, and their habitat;
6.Biological species found in Korea uniquely, and their habitat;
7. / Wild roots of livestock and crops, and their habitat;
8. / Biological species valuable in terms of economy, medical science and culture, their habitat and place of natural growth;
9. / Pollution/fertility degrees of the soil, and state of distribution of microorganisms; and
10. / Other matters deemed necessary to survey especially for the conservation of natural environment.
(2) The method of natural environment survey under the provisions of Article 12 (4) of the Act
Natural Environment Conservation Act
requires in principle a field survey by a natural environment survey personnel in person under the conditions as prescribed in Article 12 (4) of the Act
Natural Environment Conservation Act
,; the survey may be conducted through a remote probe by means of an airplane or earth satellite.
(3) In a case where natural environment survey personnel performs the field survey in person as prescribed in paragraph (2), the head of the administrative agency concerned shall assist the survey personnel, if there is no particular reason not to:
1. / Access to a district off limits under the jurisdiction;
2. / Reading and borrowing of survey related sources;
3. / Support of survey personnel and equipment; and
4. / Other matters requested by the natural environment survey personnel with respect to the survey in question.
(4) The Minister of Environment shall make a natural environment survey plan containing the matters as prescribed by the Ordinance of the Ministry of Environment and notify to the head of the administrative agency concerned 10 days prior to the beginning of the survey. In this case, the natural environment survey plan shall pass the deliberation of the Natural Environment Sectional Committee within the Central Environment Preservation Advisory Committee (hereinafter referred to as the “natural environment sectional committee”) as prescribed in Article 19 (1) of the Enforcement Decree of the on Environmental Policy. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 6 (Natural Environment Survey Personnel)
(1) The natural environment survey personnel as referred to in Article 13 (1) of the Act
Natural Environment Conservation Act
Framework Act (hereinafter referred to as the “survey personnel”) is classified as professional natural environment survey personnel (hereinafter referred to as the “professional survey personnel”) and general natural environment survey personnel (hereinafter referred to as the “general survey personnel”).
(2) The survey personnel shall establish a professional survey team in each field of natural green land map, dietary life, soil, amphibian and reptiles, mammals, and insects, etc. to conduct the survey thereof; public officials concerned or professional survey personnel designated by the Minister of Environment shall supervise the task of each corresponding survey team. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(3) The survey personnel may be paid such expense as a stipend and travel expenses, etc. necessary for the survey, within the scope of the budget.
Article 7 (Qualification and Designation of Survey Personnel)
(1) The Minister of Environment shall designate as a professional survey personnel among those who have one of the following qualifications: <Amended by Presidential Decree No. 14450, Dec. 23, 1994
1. / Any full-time instructor or any higher position educator in natural environment related fields at a university as prescribed by the Education Act
Education Act
;
2. / Any holder of a doctoral degree or a degree corresponding to it employed by a natural environment related research institution;
3. / Any holder of a master’s degree who has served more than 3 years in a natural environment related research institution; and
4. / Any person who has worked more than 3 years for natural environment conservation and is considered as capable as much as, or more than, those as enumerated in the subparagraphs 1, 2 and 3.
(2) The Minister of Environment shall designate general survey personnel among those who have one of the following qualifications: <Amended by Presidential Decree No. 14450, Dec. 23, 1994
1. / Any person who has acquired a bachelor’s degree in natural environment related areas as prescribed by the Education Act
Education Act
or by the Act on the Acquisition of Academic Degrees through Self-Education;
2. / Any person who has acquired a bachelor’s degree in natural environment related areas overseas and is considered as capable of conducting natural environment survey; and
3. / Any person who has worked for natural environment conservation more than 1 year and less than 3 years, and is considered as capable of conducting natural environment survey.
(3) When the Minister of Environment designates a professional survey personnel or a general survey personnel under the conditions as prescribed in paragraphs (1) and (2), he shall issue a natural environment survey personnel identification card. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 8 (Designation of Buffer Area)
(1) When the Minister of Environment desires to designate a buffer area as prescribed in Article 15 (2) of the Act
Natural Environment Conservation Act
, he shall consult with the head of central government agency concerned. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(2) The designated size of a buffer area shall not exceed the designated size of each of the natural ecosystem conservation area (hereinafter referred to as the “conservation zone”) as prescribed in Article 15 (1) of the Act
Natural Environment Conservation Act
.
(3) When the Minister of Environment has designated a buffer area, he shall announce publicly the name, location and size of the buffer area concerned., and the date of designation. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 9 (Development Project within GreenLand Conservation Area under Consultation)
Under the provisions of Article 16 (3), the head of administrative agency concerned shall approve or permit, after consulting with the Minister of Environment, such development projects within a green land conservation area as enumerated in the following subparagraphs: Provided, That a development project which has gone through the consultation with the Minister of Environment under the provisions of the Natural Parks Act
Natural Parks Act
shall be excluded: <Amended by Presidential Decree No. 14450, Dec. 23, 1994
1. / The installation of a facility (public facilities excluded) with a building site larger than 1,000㎡ or with a total floor area larger than 2,000㎡ which requires the alteration to the form and nature of a landsite; and
2. / The installation of a public facility with a building site larger than 2,500㎡ or with a total floor area larger than 5,000㎡which requires the alteration to the form and nature of a landsite.
Article 10 (Standard for Designation of GreenLand Conservation Area)
The standards for the designation of a green land conservation area under the provisions of Article 16 (4) of the Act
Natural Environment Conservation Act
are as follows:
1. / Any forest, similar to a natural primitive forest, which has trees of average 20-50 years old;
2. / Any natural primitive forest which has trees older than 50 years; and
3. / Any alpine meadow of an altitude of 1,000 meters or above.
Article 11 (Procedures, etc. of Designation of Natural Ecosystem Protected Area)
When the Minister of Environment desires to designate a natural ecosystem protected area as prescribed in Article 17 (1) or (2) of the Act
Natural Environment Conservation Act
, he shall go through the consideration of the Natural Environment Sectional Committee. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(2) When the Mayor/Do governor desires to request the designation of a natural ecosystem protected area under the provisions of Article 17 (2) of the Act
Natural Environment Conservation Act
, he shall present an application for the designation of a natural ecosystem protected area attached with a map indicating the corresponding area. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(3) When the Minister of Environment designates and publicly announces a natural ecosystem protected area, he shall install a bulletin to inform the content of designation in a place where the people can see. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(4) The Minister of Environment shall determine the size, content and other necessary matters of a sign board as prescribed in paragraph (3). <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 12 (Standard for Designation of Specified Wild Animals and Plants Protected Area)
The standards for the designation of specified wild animals and plants protected area under the provisions of Article 18 (4) of the Act
Natural Environment Conservation Act
are as follows:
1. / Any region which is deemed valuable enough for the conservation, for it is inhabited by a large number of specified wild animals and plants;
2. / Any region which is inhabited by such specified wild animals and plants as are facing a crisis of extinction of species or in the process of diminution in number, and as are threatened of the extinction unless a special protection measure be taken; and
3. / Any region which is valuable for academic research, as it is inhabited by such rare specified wild animals and plants as found in Korea only.
Article 13 (Procedures, etc. of Designation of Specified Wild Animals and Plants Protected Area)
With respect to the procedures, etc. of the designation of a specified wild animals and plants protected area as prescribed in Article 18 (4) of the Act
Natural Environment Conservation Act
, the provisions of Article 11 shall be applicable mutatis mutandis.
Article 14 (Standards for Designation of Oceanic Ecosystem Protected Area)
The standards for the designation of an oceanic ecosystem protected area are as follows:
1. / Any sea area, such as a natural coast or a tidal land which is inhabited by a variety of oceanic animals and plants, and which is excellent with the conservation of an oceanic ecosystem;
2. / Any islands which need to be partially or entirely protected for the maintenance of a unique island oceanic ecosystem;
3. / Any area which keeps an excellent oceanic ecosystem, inhabited by all kinds of fish, shell and seaweeds;
4. / Any area which needs a protection to promote academic research or seascape on its unique topography or its extraordinary soil;
5. / Any area which is inhabited by such oceanic animals and plants as are facing a crisis of extinction of species or in the process of diminution in number, and as are threatened of the extinction unless a special protection measure be taken; and
6. / Any area which is valuable for an academic research, as it is inhabited by such rare oceanic animals and plants as found in Korea only.
Article 15 (Procedures, etc. of Designation of Oceanic Ecosystem Protected Area)
With respect to the designation of an oceanic ecosystem protected area as prescribed in Article 19 (3) of the Act
Natural Environment Conservation Act
, the provisions of Article 11 (1), (3) and (4) shall be applicable mutatis mutandis.
Article 16 (Release or Change of Designation of Conservation or Buffer Area)
(1) The term “an inevitable case due to any public interests or military purposes as prescribed by the Presidential Decree, or a case where a conservation or buffer area has lost the cause of its designation as such, or has become no longer necessary to maintain its status as such, due to any natural disaster, terrestrial upheaval or other causes” referred to in Article 20 (1) of the Act
Natural Environment Conservation Act
means one of the following cases: <Amended by Presidential Decree No. 14564, Apr. 1, 1995
1. / Where a military act or facility and the protection of confidential matters of the military make it inevitable;
2. / Where a project, inaugurated by law, on electricity generation, railroad, communication, broadcasting, weather forecasting, agricultural irrigation, harbor, or aviation makes it inevitable;
3. / Where the development of resources greatly affecting the national economy makes it necessary; and
4. / Where an existing preservation or buffer area is damaged by an earthquake, flood, landslide, forest fire, or any similar natural disaster or terrestrial upheaval it is almost important to restore it to its original state.
(2) If any of the cases as enumerated in paragraph (1) takes place, the head of the administrative agency concerned may request to the Minister of Environment a release or change of the designation of the corresponding conservation or buffer area, explaining the case. <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 14564, Apr. 1, 1995
Article 17 (Insignificant Matters to be Exempted from Consultation)
The insignificant matters to be exempted from the consultation with the head of the central government agency concerned under the provisions of Article 20 (2) of the Act
Natural Environment Conservation Act
are as follows: <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 14564, Apr. 1, 1995
1. / The arbitration of a conservation or buffer area less than 10/100 of the unalterable entire size of the corresponding region;
2. / The reduction of a conservation or buffer area less than 10/100 of the entire size of the corresponding region; and
3. / The change of the name of a conservation or buffer area.
Article 18 (Procedures, etc. of Preservation Plan)
(1) When the Minister of Environment desires to make a conservation plan concerning a conservation area under the provisions of Article 21 (1) of the Act
Natural Environment Conservation Act
, he shall do it after consulting with the Natural Environment Sectional Committee. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(2) The Minister of Environment, upon making a conservation plan, shall notify it to the Mayor/Do governor who administers the conservation area concerned, and the Mayor/Do governor, upon receiving the notification, shall take measures necessary for the implementation of the conservation plan. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
Article 19 (Other Natural Environment Preservation Facilities)
The term “other facilities as determined by the Presidential Decree” referred to in Article 22 (1) 6 means the following facilities:
1. / Facilities to restore dietary life;
2. / Food and provisions facilities;
3. / Artificial Habitats; and
4. / Migration routes of wild animals.
Article 20 (Operation and Management of Conservation Facilities)
(1) A natural environment conservation facility (hereinafter referred to as “conservation facility”) as prescribed in Article 22 (3) of the Act
Natural Environment Conservation Act
shall be operated and managed by the Minister of Environment or the Mayor/Do governor who has established the facility concerned. <Amended by Presidential Decree No. 14450, Dec. 23, 1994
(2) The Mayor/Do governor shall operate and manage the conservation facilities according to the regulations on the operation and management of conservation facilities as provided by the Minister of Environment. <Amended by Presidential Decree No. 14450, Dec. 23, 1994