Article 10-2(Authorization and permission deemed granted under other statutes) #
(1) When a managing authority publicly announces the formulation or revision of an action plan pursuant to Article 8 (2) or (5), or when a person, other than a managing authority, obtains permission for the maintenance of a small river, etc. pursuant to Article 10 (1) and (2), he or she or it shall be deemed to have obtained any of the following permission, authorization, licenses, or approval, decision; or designation to have filed a report; or to have undergone consultation, etc. (hereafter referred to in this Article as "authorization, permission, etc.") if the managing authority consults with the head of a related administrative agency pursuant to paragraph (3); or he or she or it shall be deemed to have publicly announced or publicly notified the relevant authorization, permission, etc. if the managing authority publicly announces an action plan pursuant to Article 8 (2) or (5) or publicly notifies the granting of permission for the maintenance of a small river, etc. pursuant to Article 10 (5): <Amended on Apr. 15, 2010; May 31, 2010; Jan. 14, 2014; Jan. 27, 2016; Dec. 10, 2019; Dec. 27, 2022; Jan. 16, 2024>
1. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; permission to engage in development activities under Article 56 of the same Act; designation of an implementer of an urban planning facility project under Article 86 of the same Act; or formulation and authorization of an implementation plan under Article 88 of the same Act;
2. Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act, reporting of the diversion of farmland under Article 35 of the same Act, and permission for temporary use of farmland under Article 36 of the same Act;
3. Permission for, reporting of, or consultation on the conversion of grassland under Article 23 of the Grassland Act;
4. Permission to change land shape or quality under Article 111 of the Agricultural and Fishing Villages Improvement Act;
5. Permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act and reporting of the conversion of mountainous districts under Article 15 of the same Act, permission for, or reporting of temporary use of mountainous districts under Article 15-2 of the same Act, and permission for, or reporting of felling standing timber, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
6. Permission to engage in activities under Article 9 (2) 1 of the Forest Protection Act, or reporting of activities in a forest conservation zone (excluding a forest genetic resources protection zone) under subparagraph 2 of the same paragraph;
7. Permission for felling, etc. under Article 14 of the Erosion Control Work Act;
8. Authorization for private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act, and authorization for private-use industrial waterworks under Article 54 of the same Act;
9. Permission to execute public sewerage works under Article 16 of the Sewerage Act, and permission to occupy and use public sewerage under Article 24 of the same Act;
10. Permission for the development and utilization of groundwater under Article 7 of the Groundwater Act;
11. Permission to engage in activities in a park area under Article 23 of the Natural Parks Act;
12. Permission to rebury a grave under Article 27 of the Act on Funeral Services, Etc.;
13. Determination of a road zone under Article 25 of the Road Act, permission for a person, other than a road management authority, to conduct road works under Article 36 of the same Act, permission to occupy and use a road under Article 61 of the same Act, and consultation with or approval from a road management authority under Article 107 of the same Act;
14. Building permission for a private road under Article 4 of the Private Road Act;
15. Permission to extract aggregates under Article 22 of the Aggregate Extraction Act;
16. Permission to occupy and use, or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of an implementation plan for occupancy and use or use under Article 17 of the same Act, the formulation of a basic plan for reclamation under Article 22 of the same Act, a modification of a basic plan for reclamation under Article 27 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation about or approval for reclamation conducted by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
17. Deleted. <Apr. 15, 2010>
(2) Where a person, other than a managing authority, intends to obtain authorization, permission, etc. deemed granted under paragraph (1), he or she shall submit the documents prescribed by relevant statutes when applying for permission for the maintenance of a small river, etc. under Article 10. <Added on Jan. 27, 2016>
(3) Where a managing authority intends to formulate or revise an action plan pursuant to Article 8 or grants permission for the maintenance of a small river, etc. to a person, other than a managing authority, pursuant to Article 10, it shall have a prior consultation with the head of a related administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included therein. <Amended on Jan. 27, 2016>
(4) In receipt of a request for consultation under paragraph (3), the head of a related administrative agency shall submit his or her opinions within 30 days from receiving such request. <Added on Dec. 10, 2019>
[This Article Wholly Amended on Mar. 31, 2010]