ACT ON CONSERVATION AND UTILIZATION OF THE MARINE ENVIRONMENT

Article 1(Purpose) #

The purpose of this Act is to prescribe matters concerning basic direction-setting for policies to conserve and utilize the marine environment and concerning the establishment and implementation system for such policies, so as to manage the sea in a systematic and sustainable manner, thereby improving marine health and contributing to the enhancement of quality of life of citizens as well as to continuous national development.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended by Act No. 16519, Aug. 20, 2019>

1. The term "marine environment" means the natural and living conditions at sea, including organisms inhabiting the sea, abiological environments surrounding the organisms, such as seawater, land at sea, and marine atmosphere, and human behavioral patterns at sea;

2. The term "conservation and utilization of the marine environment" means acts of preserving, managing and utilizing the sea, while maintaining marine health by preventing marine pollution and deterioration of marine ecosystems, improving polluted or deteriorating sea and restoring and maintaining its original state through the elimination, etc. of pollutants, and by appropriately utilizing and using spatial resources, bioresources, food resources, etc. in the marine environment;

3. The term "marine pollution" means a state in which substances or energy flowing into the sea or generated at sea adversely affects or is likely to adversely affect the marine environment;

4. The term "deterioration of marine ecosystems" means a state in which such activities as overfishing of marine organisms, etc., destruction of their habitats, and disturbance of marine order seriously damage the original functions of marine ecosystems;

5. The term "marine health" means a state of the marine environment contributing to the welfare of present and future generations and the national economy, which includes production of fishery products, marine tourism, job creation, pollution cleanup, response to abnormal weather and climate change, and coastal protection, as well as the sustainability of such state;

6. The term "marine environmental standards" means marine environmental levels which it is desirable for the State to achieve and meet in order to protect citizens' health and the marine environment;

7. The term "accuracy control of marine environment information" means management activities which pursue the appropriateness of production, management, utilization, etc. of data through marine environment surveys;

8. The term "sea area management authority" means any of the following administrative agencies that perform the duties of marine environment management, such as activities to improve the marine environment and prevent marine pollution for the waters under its jurisdiction:

(a) The competent Metropolitan City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), in cases of the territorial sea and internal waters specified in the Territorial Sea and Contiguous Zone Act and sea areas prescribed by Presidential Decree;

Article 3(Duty of State and Local Governments) #

(1) The State shall have the duty to formulate and implement plans and policies necessary to prevent marine pollution and deterioration of marine ecosystems and to properly conserve, manage and utilize the marine environment in consideration of the characteristics of the Korean marine environment, while observing international agreements on the marine environment.

(2) Each local government shall have the duty to formulate and implement plans and policies necessary to conserve and utilize the marine environment of the waters under its jurisdiction in consideration of the local characteristics and conditions, in accordance with national plans and policies necessary to conserve and utilize the marine environment.

Article 4(Responsibilities of Citizens and Business Entities) #

(1) All citizens shall endeavor to prevent marine pollution and deterioration of marine ecosystems in their daily lives, and cooperate with the State and local governments in their policies to preserve and utilize the marine environment.

(2) Any person who engages in an activity or a business which affects the marine environment, such as development or usage at sea, shall take measures necessary to minimize marine pollution and deterioration of marine ecosystems.

Article 5(Assessment of Marine Health) #

(1) The State and local governments shall control activities to use or develop the sea to ensure that such activities are performed to the extent not damaging marine health and are acceptable by the marine environment.

(2) The Minister of Oceans and Fisheries shall establish a marine health assessment system and reflect the results of assessments therefrom in the comprehensive plan for the marine environment referred to in Article 10, as prescribed by Presidential Decree.

Article 6(Conservation and Management of Marine Ecosystems) #

The State and local governments shall prevent deterioration of marine ecosystems in advance, improve systems for preserving marine biodiversity and sustainably using marine living resources; and shall formulate plans and policies to protect marine assets.

Article 7(Control of Flow, Discharge and Disposal of Pollutants into Sea) #

(1) The State and local governments shall prepare policies to prevent pollutants from flowing into the sea in advance, and to minimize impacts that discharge, disposal, etc. of pollutants into the sea will have on the marine environment.

(2) The State and local governments shall prepare measures necessary to control the creation of contaminated sediments, waste, other substances, etc. in the sea, to promptly restore and recover damage to the marine environment, to improve the marine environment, and to perform environmentally-friendly control of pollutants.

Article 8(Polluter-Pays Principle) #

A person whose use or development of sea results in marine pollution or deterioration of marine ecosystems (hereinafter referred to as "polluter"), shall be liable to prevent such pollution or deterioration and restore the polluted or deteriorating marine environment, and in principle, shall bear expenses incurred in restoring the marine environment and rectifying damage caused by such pollution or deterioration.

Article 9(Relationship with other Acts) #

(1) Any other Acts relating to the conservation and utilization of the marine environment shall be enacted or amended in compliance with this Act.

(2) Except as otherwise expressly provided for in other Acts, this Act shall apply to the conservation and utilization of the marine environment.

Article 10(Formulation of Comprehensive Plans for Marine Environment) #

(1) The Minister of Oceans and Fisheries shall formulate and implement a comprehensive plan for conservation and utilization of the marine environment (hereinafter referred to as "comprehensive plan for the marine environment") every ten years, as prescribed by Presidential Decree.

(2) Where the Minister of Oceans and Fisheries intends to formulate or amend a comprehensive plan for the marine environment, he/she shall consult with the heads of relevant central administrative agencies after hearing the opinions of Mayors/Do Governors; and shall finalize the plan after deliberation by the Maritime Affairs and Fisheries Development Committee established under Article 7 of the Framework Act on Marine Fishery Development: Provided, That the same shall not apply to any amendment of minor matters prescribed by Presidential Decree.

(3) Where deemed necessary to formulate or amend a comprehensive plan for the marine environment, the Minister of Oceans and Fisheries may hold a hearing, etc. to gather consensus from citizens, relevant experts, etc.

(4) Where the Minister of Oceans and Fisheries formulates or amends a comprehensive plan for the marine environment, he/she may request the heads of relevant central administrative agencies or the Mayors/Do Governors to submit necessary data.

Article 11(Details of Comprehensive Plans for Marine Environment) #

Each comprehensive plan for the marine environment shall include the following: <Amended by Act No. 16519, Aug. 20, 2019>

1. Current status of the marine environment and changes in conditions;

2. Target-setting and step-by-step strategies for conserving and utilizing the marine environment;

3. Assessment of marine health and marine environmental quality, and the marine environmental standards;

4. Comprehensive space management for the marine environment;

5. Managing the marine environment to respond to abnormal weather and climate change;

6. Promoting and supporting marine environmental education;

7. Promoting marine environmental technology and the marine environmental industry;

8. International cooperation for conservation and utilization of the marine environment;

9. Securing finances for conservation and utilization of the marine environment;

10. Other matters relating to conservation and utilization of the marine environment.

Article 12(Implementation of Comprehensive Plans for Marine Environment, etc.) #

(1) Where a comprehensive plan for the marine environment is formulated or amended under Article 10, the Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies and the Mayors/Do Governors thereof.

(2) Upon receipt of the notification under paragraph (1), the heads of relevant central administrative agencies and the Mayors/Do Governors shall take measures necessary to implement the comprehensive plan for the marine environment.

Article 13(Establishment of Marine Environmental Standards) #

(1) After hearing opinions of the heads of relevant central administrative agencies, the Minister of Oceans and Fisheries shall establish and publicly notify marine environmental standards by sea area and purpose of use, which are required to implement policies for preserving the marine environment and marine ecosystems under Articles 13 and 14 of the Framework Act on Marine Fishery Development, taking into account the environmental standards referred to in Article 12 of the Framework Act on Environmental Policy; and shall ensure that the appropriateness of such marine environmental standards is maintained according to changes in the marine environment.

(2) Where deemed necessary based on the particular conditions of the waters under his/her jurisdiction, a Mayor/Do Governor may establish or amend separate local marine environmental standards, which are stricter than the marine environmental standards referred to in paragraph (1), and publicly notify the standards. In such cases, the Mayor/Do Governor shall obtain prior approval from the Minister of Oceans and Fisheries.

(3) Necessary matters, such as the methods of establishing or amending the marine environmental standards under paragraph (1) and the local marine environmental standards under paragraph (2), shall be prescribed by Presidential Decree.

Article 14(Meeting Marine Environmental Standards) #

Where the State or a local government formulates a plan, or executes a project, in relation to the marine environment, it shall take account of the following matters to meet the marine environmental standards referred to in Article 13:

1. Eliminating the causes of marine pollution or minimizing marine pollution;

2. Eliminating the causes of deterioration of the marine ecosystem and restoring the marine ecosystem;

3. Properly distributing finances for conservation and utilization of the marine environment.

Article 15(Comprehensive Space Management of Marine Environment) #

(1) To systematically manage and sustainably use the marine environment, the Minister of Oceans and Fisheries shall manage the marine environment by classifying it into spaces by zone and purpose of use.

(2) In order to manage spaces of the marine environment under paragraph (1), the Minister of Oceans and Fisheries shall prepare necessary measures, such as formulating a plan for ocean spaces.

(3) The space management of the marine environment under paragraph (1), formulation of a plan for ocean spaces under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree.

Article 16(Designation, etc. of Marine Environmental Management Sea Areas) #

The Minister of Oceans and Fisheries shall prepare policies to systematically preserve and manage the marine environment and to sustainably develop and use it by classifying the waters into a sea area which has a desirable marine environment and requires continuous conservation; a sea area in which it is impracticable to meet the marine environmental standards; or a sea area in which substantial problems have occurred or are likely to occur in relation to the preservation of the marine environment.

Article 17(Response to Marine Climate Change) #

(1) In order to respond to climate change defined in subparagraph 12 of Article 2 of the Framework Act on Low Carbon, Green Growth in the marine and fisheries sector, the State and local governments shall prepare policies necessary for matters prescribed by Presidential Decree, such as surveys on the sea, impact prediction, and adaptation.

(2) The Minister of Oceans and Fisheries may provide technical or administrative support for local governments, citizens, business entities, etc. in connection with their activities to respond to marine climate change.

Article 18(Comprehensive Marine Environmental Surveys) #

(1) The Minister of Oceans and Fisheries shall regularly conduct a comprehensive survey on the status of, and changes in, the marine environment.

(2) A Mayor/Do Governor may conduct a survey on the marine environment for the waters under his/her jurisdiction, and shall report plans for, and finding from, the survey to the Minister of Oceans and Fisheries.

(3) Matters concerning the surveys referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 19(Marine Environmental Quality Assessment) #

(1) To efficiently preserve the marine environment and use the sea in an environmentally friendly manner, the Minister of Oceans and Fisheries shall conduct an assessment of the environmental value of the sea (hereinafter referred to as "marine environmental quality assessment").

(2) The criteria and method for conducting marine environmental quality assessments and other necessary matters shall be prescribed by Presidential Decree.

(3) The Minister of Oceans and Fisheries shall ensure that the results of marine environmental quality assessments will be reflected in the marine and fisheries-related plans prescribed by Presidential Decree, in cooperation with the heads of relevant central administrative agencies.

Article 20(Sea Area Utilization Impact Assessment, etc.) #

Any person who intends to engage in activities to develop or use the sea shall consult with the Minister of Oceans and Fisheries as to the appropriateness, etc. of the use of the relevant sea area in order to ensure that such activities influencing the marine environment can be performed in an environmentally sustainable manner; and the Minister of Oceans and Fisheries may assess the impacts of developing or using the sea on the marine environment.

Article 21(Integrated Management of Marine Environment Information) #

(1) The Minister of Oceans and Fisheries shall prepare an integrated management system for marine environment information, such as building an integrated marine environmental information network, in order to disseminate knowledge and information about the marine environment, establish standards related to the marine environment, formulate relevant plans, and conduct assessments.

(2) Matters necessary for the integrated management system for marine environment information referred to in paragraph (1), shall be prescribed by Presidential Decree.

Article 22(Accuracy Control of Marine Environment Information) #

To enhance the reliability and utilization of data, information, etc. gathered through comprehensive marine environmental surveys, etc., the Minister of Oceans and Fisheries shall determine the standards for acquisition, processing and management of the data, information, etc., and take measures necessary for the implementation thereof, such as technical guidance and ability certification.

Article 23(Development, etc. of Science and Technology related to Marine Environment) #

(1) The State and local governments shall promote research, technology development, and relevant industries necessary to prevent or respond to marine pollution and deterioration of marine ecosystems, to restore and improve the sea and marine ecosystems, or to enhance ship energy efficiency.

(2) In order to promote research, technology development, and relevant industries under paragraph (1), the Minister of Oceans and Fisheries shall prepare and implement policies necessary for nurturing professional manpower for marine environmental technology.

Article 24(Facilitating International Cooperation) #

(1) The State and local governments shall recognize the seriousness of impacts of climate change on the marine environment, such as rising sea levels and ocean acidification; engage in exchanges of marine environment information and relevant technology; nurture professional manpower through international cooperation; and cooperate with foreign governments and international bodies relating to the marine environment, such as mutual cooperation on conserving and managing the marine environment at a global level in relation to climate change, marine pollution, etc.

(2) In order to promote cooperation under paragraph (1), the Minister of Oceans and Fisheries may implement projects prescribed by Presidential Decree, such as joint surveys of the marine environment and the development of science and technology related to the marine environment, in cooperation with foreign governments, international bodies, etc. relating to the marine environment. In such cases, the Minister of Oceans and Fisheries may require relevant Korean research institutes, academic institutions, etc. to jointly participate in relevant projects; and may grant necessary subsidies thereto, within budgetary limits, as prescribed by Presidential Decree.

Article 25(Promotion of and Support for Marine Environmental Education) #

(1) The State and local governments shall formulate policies to promote marine environmental education in order to raise awareness of the significance of conserving and utilizing the marine environment and to cultivate knowledge, functions, attitudes, values, etc. necessary for the sustainable conservation, management and utilization of the marine environment.

(2) The Minister of Oceans and Fisheries shall formulate and implement a promotion plan for marine environmental education, which includes the following matters, every five years pursuant to paragraph (1):

1. Objectives and development strategies for marine environmental education;

2. Nurturing and supporting professional manpower for marine environmental education;

3. Developing and disseminating teaching materials and programs relating to the marine environment;

4. Measures to subsidize marine environmental education implemented by marine-related private institutions, organizations, etc.;

5. Any other matters necessary to promote marine environmental education.

(3) The Minister of Oceans and Fisheries may fully or partially subsidize, within budgetary limits, necessary expenses incurred by institutions, organizations, etc. in conducting marine environmental education.

Article 26(Marine Environment Preservation Association) #

(1) The Marine Environment Preservation Association (hereinafter referred to as the "Association") shall be established to conduct surveys, research, education, public relations, etc. for the conservation and utilization of the marine environment.

(2) The Association shall be a juristic person.

(3) The composition and operation of the Association and other necessary matters shall be prescribed by Presidential Decree.

(4) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.

Article 27(Promotion of and Support for Activities by Private Organizations) #

(1) The State and local governments shall prepare policies necessary to promote voluntary activities by private organizations for conservation of the marine environment.

(2) Where a private organization engages in such activities as surveys, improvements, education, public relations, etc. in relation to the marine environment, the Minister of Oceans and Fisheries may provide necessary administrative support for such organization.

Article 28(Delegation and Entrustment) #

(1) Part of the authority of the Minister of Oceans and Fisheries bestowed under this Act, may be delegated to a Mayor/Do Governor or the administrator of a regional office of oceans and fisheries, as prescribed by Presidential Decree.

(2) Part of the duties of the Minister of Oceans and Fisheries imposed under this Act, may be entrusted to the head of a relevant specialized institution or public institution, as prescribed by Presidential Decree.