Article 23(Conversion of use of grassland) #
(1) Conversion of the use of grassland created pursuant to this Act shall be limited to any of the following cases: <Amended on Jul. 24, 2015; Dec. 28, 2021>
1. Where its use is converted to a use for a site of important industrial facilities, public interest facilities, residential facilities, or tourist facilities;
2. Where its use is converted to a use for housing to be built by a farmer under subparagraph 2 of Article 2 of the Farmland Act;
3. Where its use is converted to a use for a facility for treating, processing or storing agricultural or marine products, or an agricultural or fisheries facility;
4. Where its use is converted to a use for farmland to cultivate crops; provided, where its use is converted to a use for a site other than orchard, conversion of the grassland with a gradient of 15 degrees or less shall be allowed only;
5. Where its use is converted to a use for Jeju Investment Promotion Zone to be designated pursuant to Article 162 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
6. Where its use is converted to a use for a free economic zone to be designated pursuant to Article 4 of the Special Act on Designation and Management of Free Economic Zones;
7. Where its use is converted to a use for a special economic zone to be designated pursuant to Article 9 (1) of the Act on Special Cases concerning the Regulation of the Special Economic Zones for Specialized Regional Development;
8. Where its use is converted in order to start up a business under subparagraph 2 of Article 2 of the Support for Small and Medium Enterprise Establishment Act;
9. Where its use is converted to a use for a facility deemed to be particularly necessary by the head of a Si/Gun/Gu (excluding the Mayor of a Special Self-Governing City and the Governor of a Special Self-Governing Province) after holding consultations with the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor, or to a use for facilities deemed to be particularly necessary by the Mayor of a Special Self-Governing City or Governor of a Special Self-Governing Province.
(2) A person who intends to convert the use of grassland to another use pursuant to paragraph (1) shall obtain permission from the head of a Si/Gun/Gu. The same shall also apply where he or she intends to alter important matters prescribed by Presidential Decree, such as the size, boundary of grassland, for which conversion of use has been permitted, etc.
(3) Notwithstanding the provisions of paragraph (2), a person who intends to convert the use of grassland after 25 years pass from the date on which the creation of grassland was completed, shall make a report to the head of a Si/Gun/Gu. The same shall also apply where any alteration to such report is intended.
(4) Where the State or a local government intends to convert the use of grassland in order to use it as a site for a facility for official purposes or public purposes, it shall consult with the head of a Si/Gun/Gu in place of the permission or reports under paragraph (2) or (3). The same shall also apply where any alteration to such consultation is intended.
(5) Notwithstanding the provisions of paragraphs (2) and (3), a person who intends to use grassland created pursuant to this Act as a site for livestock pens (excluding livestock pens under subparagraph 1 of Article 2 of this Act) to raise livestock under subparagraph 1 of Article 2 of the Livestock Industry Act may convert the use of grassland without obtaining permission for conversion of the use of grassland or making a report thereon.
(6) The head of a Si/Gun/Gu shall notify an applicant of whether to grant permission or accept a report within 35 days from the date an application for permission or a report under paragraph (2) or (3) is received. <Added on Dec. 19, 2017>
(7) Where the head of a Si/Gun/Gu fails to notify an applicant of whether to grant permission or accept a report or of the extension of the processing period in accordance with the statutes related to civil petition services within the period prescribed in paragraph (6), permission or a report shall be deemed to be granted or accepted the following day after the end of such period (where the processing period was extended or re-extended in accordance with the statutes related to civil petition services, referring to the relevant processing period). <Added on Dec. 19, 2017>
(8) Costs incurred in creating substitute grassland shall be imposed and collected by the head of a Si/Gun/Gu, and a person who intends to convert the use of grassland after obtaining permission, making a report, or holding consultations under paragraphs (2) through (4) (including cases where permission, report, or consultation is deemed obtained, made, or held pursuant to other Acts) shall pay costs incurred in creating substitute grassland to the Livestock Development Fund under Article 43 of the Livestock Industry Act; provided, where any of subparagraphs 5 through 8 of paragraph (1) is applicable or any of the following subparagraphs is applicable, the costs incurred in creating substitute grassland may be reduced or exempted: <Amended on Jan. 20, 2015; Jul. 24, 2015; Dec. 19, 2017>
1. Where its use is converted to a use for an important industrial facility prescribed by Presidential Decree;
2. Where the State or a local government converts its use to a use for official purposes or public purposes;
3. Where its use is converted to a use for a site necessary for agriculture, livestock industry, forestry or fisheries;
4. Where its use is converted to a use for a site necessary for golf course business belonging to sports facility business requiring registration under Article 10 (1) 1 of the Installation and Utilization of Sports Facilities Act among development projects, for which approval for implementation has been obtained pursuant to Article 147 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
5. Other cases of minor conversion of the use of grassland prescribed by Presidential Decree.
(9) A standard payment amount of costs incurred in creating substitute grassland shall be the amount aggregating a unit cost for creating grassland under subparagraph 5 of Article 2 (which shall be based on ploughed grassland) and grassland management costs spent for three years after creation of grassland. <Added on Jan. 20, 2015; Dec. 19, 2017>
(10) The Minister of Agriculture, Food and Rural Affairs shall publicly notify the standard payment amount of costs incurred in creating substitute grassland under paragraph (9) every year. <Added on Jan. 20, 2015; Dec. 19, 2017>
(11) The criteria for reduction of and exemption from costs incurred in creating substitute grassland shall be prescribed by Presidential Decree, in consideration of matters such as the purposes of and public interests in converting the use of grassland. <Added on Jan. 20, 2015; Dec. 19, 2017>
(12) Where the costs incurred in creating substitute grassland under paragraph (8) to be imposed exceeds the level prescribed by Presidential Decree, the head of a Si/Gun/Gu may allow such amount to be paid in installments, as prescribed by Presidential Decree. <Added on Dec. 10, 2019>
(13) Where the head of a Si/Gun/Gu intends to allow the installment payments of costs incurred in creating substitute grassland under paragraph (12), he or she shall have a person who intends to pay the costs in installments deposit in advance the insurance certificate of payment guarantee, etc. for the costs incurred in creating substitute grassland to be paid in installments, as prescribed by Presidential Decree; provided, the same shall not apply where a person who intends to pay the farmland preservation charges in installments is the State, a local government, or any other person prescribed by Presidential Decree. <Added on Dec. 10, 2019>
(14) Matters concerning procedures for permission for, reports on or consultation on the conversion of the use of grassland under paragraphs (2) through (4) and procedures, etc. for the payment of costs incurred in creating substitute grassland under paragraph (8) shall be prescribed by Presidential Decree. <Amended on Jan. 20, 2015; Dec. 19, 2017; Dec. 10, 2019>
[This Article Wholly Amended on Apr. 5, 2013]