Article 94(Delegation of Authority) #
(1) Deleted. <Nov. 19, 2014>
(2) The Minister of Oceans and Fisheries shall entrust the authority as to the following matters to the chief of a relevant coast guard station pursuant to Article 123 (1) of the Act: <Amended on Nov. 7, 2023>
1. Imposition and collection of charges under Article 19 (1) 2 of the Act;
2. Orders for entrance for inspection of, and reports on, the ships falling under each of the following under Article 115 (1) of the Act:
(a) Ships of the Republic of Korea, which serve domestic routes;
(b) Ships of the Republic of Korea, which serve international routes and for which the administrator of a regional office of oceans and fisheries has not performed an on-site inspection pursuant to Article 94 (4) 19;
3. Provision of monetary rewards under Article 119-2 of the Act.
(3) The Minister of Oceans and Fisheries shall delegate the following authority to the President of the National Institute of Fisheries Science pursuant to Article 123 (1) of the Act: <Added on Dec. 29, 2020>
1. Organization of marine environmental measuring networks under Article 9 (1) of the Act;
2. Determination and public notification of the Korean standard method of examination for the marine environment under Article 10 of the Act.
(4) The Minister of Oceans and Fisheries shall delegate the authority over the matters specified in the following subparagraphs to the head of a regional office of oceans and fisheries pursuant to Article 123 (1) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2009; Sep. 22, 2011; Nov. 27, 2012; Mar. 23, 2013; Apr. 22, 2013; Sep. 24, 2014; Nov. 19, 2014; Dec. 16, 2014; Jan. 6, 2015; Dec. 30, 2016; Jun. 27, 2017; Apr. 30, 2018; Jul. 2, 2019; Dec. 1, 2020; Dec. 29, 2020; Nov. 15, 2022; Nov. 7, 2023; Apr. 16, 2024>
1. Marine environmental improvement measures under Article 18 (1) of the Act (only applicable to environmental management sea areas and the national trade ports under Article 3 (2) 1 of the Harbor Act);
1-2. Examination of the sources of pollution in the marine environment Article 18 (3) of the Act;
1-3. Imposition and collection of charges under Article 19 (1) of the Act (excluding imposition and collection of charges under subparagraph 2 of that paragraph);
1-4. Approval of the rate of discharge under Article 22-2 (1) of the Act;
1-5. Issuance of an approval seal for an operation plan stating the method of transferring oil cargoes between oil tankers on the sea (hereinafter referred as to "ship-to-ship") under Article 32-2 (1) of the Act;
1-6. Receipt of a list of persons in charge of a ship-to-ship operation and a report on a ship-to-ship operation plan under Article 32-2 (3) of the Act;
2. Receipt of reports on marine facilities (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf) and receipt of reports on changes thereof under Article 33 (1) of the Act;
2-2. Safety inspections of marine facilities under Article 36-2 (2) and (4) of the Act (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf);
2-3. Acceptance of a notification of the installation and operation of a pollutant storage facility or a notification of change thereof under Article 38 (3) of the Act;
2-4. Issuance of an order to improve pollutant storage facilities, to suspend the operation thereof, or to close the facilities under Article 38-3 (1) of the Act;
2-5. Review of the ship energy efficiency management plan and issuing a confirmation of compliance of ship energy efficiency plan under Article 41-3 (3) of the Act;
2-6. Receipt of reporting of and verification of the ship fuel oil consumption, etc., and the issuance of a statement of compliance regarding ship fuel oil consumption, etc. under Article 41-4 (1) through (3) of the Act;
2-7. Designation and public notice of a company or organization to which equipment containing ozone depleting substances are delivered from ships prescribed in Article 42 (3) of the Act;
2-8. Recognition of the use of fuel oil which fails to meet the sulfur contents standards under Article 44 (1) 2 of the Act;
2-9. Issuance of an approval seal for a management plan which includes matters necessary to minimize the emission of volatile organic compounds in loading or unloading cargoes on or from oil tankers, or at sea under Article 47-2 (1) of the Act;
3. Marine pollution prevention survey or preliminary survey under Articles 49 through 54 of the Act;
4. Issuance of convention certificate pursuant to Article 55 (1) of the Act;
5. Orders to take measures against and suspension of navigation on noncompliant ships under Article 58 (1) and (2) of the Act;
6. Port state control for marine pollution prevention under Article 59 (1) of the Act;
7. Re-inspections under Article 60 of the Act;
8. Deleted; <Dec. 1, 2020>
8-2. Deleted; <Dec. 1, 2020>
8-3. Deleted; <Dec. 1, 2020>
9. Deleted; <Dec. 1, 2020>
10. Deleted; <Dec. 1, 2020>
10-2. Deleted; <Dec. 1, 2020>
11. Consultations on the utilization of sea areas under Article 84 (1) of the Act; provided, any of the following cases shall be excluded:
(a) Where the license-granting agency is the head of a central administrative agency;
(b) Where the consultations on the utilization of sea areas are held for a designation or permission under Article 84 (1) 4 through 6 of the Act;
(c) Where the consultations on the utilization of sea areas are held for the installation of an offshore wind power plant, as part of an electric power source development project under Article 61 and subparagraph 1 (c) of Appendix 15 of the Electric Power Source Development Promotion Act and relevant statutes or regulations or from among electric installations under the Electric Utility Act and relevant statutes or regulations;
12. Sea area utilization impact assessment under Article 85 (1) of the Act; provided, any of the following cases shall be excluded:
(a) Where the license-granting agency is the head of a central administrative agency;
(b) Where a sea area utilization impact assessment is conducted of the activities prescribed in Article 85 (1) 7, 8 and 8-2 of the Act;
13. Registration of assessment agents under Article 86 (1) of the Act;
13-2. Acceptance of notification of closure of assessment agents' business under Article 86 (2) of the Act;
14. Revocation of registration of assessment agents and orders to suspend business under Article 89 (1) of the Act;
14-2. Receipt of notification of a license, permission, or designation under Article 91 (4) of the Act;
14-3. Post-management, such as a request for revocation of a license, under the former part of Article 93 (1) and (3) of the Act;
14-4. Receipt of notification of the results of a marine environmental impact survey under Article 95 (1) of the Act;
14-5. Requests for measures under Article 95 (2) of the Act;
15. Type approval for equipment subject to type approval under the main clause of Article 110 (3) of the Act;
15-2. Exemption from type approval for the equipment subject to type approval which have been manufactured, produced or imported for testing, research or development purposes under the proviso of Article 110 (3) of the Act;
16. Performance tests for equipment subject to type approval under Article 110 (5) of the Act;
17. Inspection for equipment subject to type approval under Article 110 (6) of the Act;
18. Revocation of type approval for equipment subject to type approval and suspension of business under Article 110 (9) of the Act;
18-2. Receipt of a report referred to in Article 110-3 (2) of the Act submitted by a person who has obtained type approval prescribed in Article 110 (3) of the Act;
19. Entrance for inspection of ships (excluding ships of the Republic of Korea, which serve domestic routes) and reports under Article 115 (1) of the Act;
19-2. Submission of materials, reports, or entrance for inspection of marine facilities under Article 115 (2) of the Act (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf);
20. Designation of marine environmental guards under Article 116 (1) of the Act;
20-2. Appointment of honorary marine environmental guards and reimbursement of expenses under Article 116-2 (1) and (2) of the Act;
21. Orders for stopping, search and seizure of ships and prohibition against ships from entry into and departure from ports, etc. under Article 117 of the Act;
22. Holding of hearings for issuing an order to close pollutant storage facilities under subparagraph 1-2 of Article 120 of the Act
23. Holding of hearings for revoking registration of assessment agents under subparagraph 4 of Article 120 of the Act;
24. Holding of hearings for revoking type approval for facilities subject to type approval and suspension of business under subparagraph 5 of Article 120 of the Act;
25. Imposition and collection of administrative fines under Article 133 of the Act (excluding cases falling under paragraph (6) 4).
(5) The Commissioner General of the Korea Coast Guard shall delegate the authority for the following matters to the chief of a coast guard station pursuant to Article 123 (1) of the Act: <Amended on Dec. 31, 2009; Sep. 22, 2011; Nov. 19, 2014; Jul. 26, 2017; Apr. 30, 2018; Jul. 2, 2019; Dec. 29, 2020; Apr. 16, 2024>
1. Approval seals for a marine facility pollution emergency plan under Article 35 (1) and (2) of the Act;
1-2. Acceptance of the report on appointment of a marine pollution prevention manager under Article 36 (2) of the Act;
1-3. Receipt of a pollutants management ledger submitted pursuant to the former part of Article 38 (4) of the Act;
2. Orders to take pollution response measures and measures for pollution response under Article 64 (3) and (4) of the Act;
3. Orders to prohibit ships from entering into and departing from ports or to suspend use of facilities under Article 67 (3) of the Act;
4. Orders to take measures for pollution response and measures for prevention of discharge under Article 67 (4) of the Act;
5. Pollution response measures and measures for cost bearing under Article 68 (1), (2) and (4) of the Act;
5-2. Organization and operation, provision of education and training, and payment of expenses and compensation of a volunteer marine pollution response brigade under Article 68-2 (1) through (4) of the Act;
6. Registration of marine pollution response business and oil hold cleaning business under Article 70 (1) 2 and 3 of the Act;
7. Receipt of statements on disposal results with respect to the removal, cleaning and collection of pollutants under Article 72 (1) of the Act;
8. Receipt of reports on the succession to rights and duties of marine pollution response business entities and oil hold cleaning business entities under Article 74 (3) of the Act;
9. Revocation of registration of marine pollution response business and oil hold cleaning business, and orders to suspend business under Article 75 (1) of the Act;
10. Receipt of reports on ship dismantling, and orders to make corrections under Article 111 (1) and (2) of the Act;
11. Requests for cooperation of relevant institutions under Article 114 (1) of the Act;
12. Orders for entrance for inspections, reports, etc. under Article 115 (3) and (4) of the Act;
13. Designation of marine environmental guards under Article 116 (1) of the Act;
13-2. Appointment of honorary marine environmental guards and reimbursement of expenses under Article 116-2 (1) and (2) of the Act;
14. Orders to stop, search and seize ships and prohibition against ships from entering into and departing from ports, etc. under Article 117 of the Act;
14-2. Provision of monetary rewards for reports under Article 119-2 of the Act;
15. Hearings for revocation of registration of marine pollution response business and oil hold cleaning business under subparagraph 2 of Article 120 of the Act;
16. Imposition and collection of administrative fines under Article 133 of the Act.
(6) The Minister of Oceans and Fisheries shall delegate the authority for the following matters to the Mayor/Do Governor pursuant to Article 123 (1) of the Act, and the Mayor/Do Governor may re-delegate part of the authority to the head of a Si/Gun/Gu after obtaining approval therefor from the Minister of Oceans and Fisheries: <Added on Dec. 31, 2009; Sep. 22, 2011; Mar. 23, 2013; Sep. 24, 2014; Jun. 27, 2017; Sep. 19, 2017; Apr. 30, 2018; Dec. 29, 2020>
1. Marine environmental improvement measures under Article 18 (1) of the Act (limited to the State-owned fishery harbors defined in subparagraph 3 (a) of Article 2 of the Fishing Villages and Fishery Harbors Act, coastal ports under Article 3 (1) 2 of the Harbor Act, and regional trade ports under paragraph (2) 2 of that Article);
2. Receipt of reports on marine facilities (limited to marine facilities in national coastal ports under Article 3 (3) 1 of the Harbor Act) and receipt of reports on changes thereof under Article 33 (1) of the Act;
2-2. Safety inspections of marine facilities under Article 36-2 (2) and (4) of the Act (excluding the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Exclusive Economic Zone Act);
3. Orders to submit materials or report on marine facilities under Article 115 (2) of the Act (excluding the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Exclusive Economic Zone Act), entrance for inspection, verification, and inspection;
4. Imposition and collection of administrative fines under Article 133 of the Act (limited to the cases falling under Articles 132 (2) 1 of the Act at the coastal ports under Article 3 (1) 2 of the Harbor Act and regional trade ports under paragraph (2) 2 of that Article, cases falling under Article 132 (2) 2 of the Act at the national coastal ports under Article 3 (3) 1 of the Harbor Act, and cases falling under Article 132 (2) 2-2 through 2-4 of the Act in areas other than the national trade ports under Article 3 (2) 1 of the Harbor Act and exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf).
(7) The Commissioner General of the Korea Coast Guard shall delegate the following authority to the chief of Korea Coast Guard Research Center pursuant to Article 123 (1) of the Act. <Added on Nov. 7, 2023>
1. Performance test of materials and chemicals under Article 110 (5) of the Act;
2. Inspection of materials and chemicals under Article 110 (6) of the Act.
[Title Amended on Jul. 26, 2017]