Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Marine Spatial Planning and Management and matters necessary for the enforcement thereof.
Article 2(Matters to be included in marine spatial master plans) #
"Matters prescribed by Presidential Decree" in Article 5 (1) 6 of the Act on Marine Spatial Planning and Management (hereinafter referred to as the "Act") means the following:
1. Matters regarding education and public relations for marine spatial management;
2. Matters regarding policies for the standardization of marine spatial data;
3. Matters regarding the development of human resources necessary for marine spatial management;
4. Matters regarding a budget plan necessary for marine spatial management.
Article 3(Notification and inspection of marine spatial master plans) #
(1) Upon receipt notification of a master plan for marine space under Article 5 (1) of the Act (hereinafter referred to as "master plan") in accordance with Article 6 (1) of the Act, a Metropolitan City Mayor or Do Governor shall notify the head of a Si/Gun/Gu of the plan without delay.
(2) When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu allows the general public to inspect a master plan under Article 6 (2) of the Act, the period of inspection shall be at least 20 days.
Article 4(Marine space for which Minister of Oceans and Fisheries shall formulate marine spatial management plans) #
“ Marine space prescribed by Presidential Decree” in Article 7 (1) 1 of the Act means a harbor zone defined in subparagraph 4 of Article 2 of the Harbor Act.
Article 5(Formulation of marine spatial management plans) #
(1) If consultation with the relevant Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereafter in this Article through Article 22 referred to as "Mayor/Do Governor") has not been completed under the proviso of Article 7 (2) of the Act, the Minister of Oceans and Fisheries may recommend the relevant Mayor/Do Governor to conduct consultation again within a fixed period; and if consultation is not completed by the deadline, the Minister may directly formulate a marine spatial management plan under Article 7 (1) of the Act (hereinafter referred to as "management plan"). In such cases, the Minister shall notify the relevant Mayor/Do Governor in advance of the intention to directly formulate the management plan.
(2) If the Minister of Oceans and Fisheries or a Mayor/Do Governor includes matters regarding the designation and management of marine use zones under Article 7 (3) 6 of the Act in a management plan, the Minister or the Mayor/Do Governor shall prepare a marine spatial management plan map and explanatory document, in which the location, scope, and area of the marine use zones are indicated on drawings among marine information publications defined in subparagraph 11 of Article 2 of the Act on Marine Research and the Use of Marine Information. <Amended on Jan. 5, 2021; Feb. 9, 2021>
(3) "Matters prescribed by Presidential Decree" in Article 7 (3) 7 of the Act means the following:
1. Matters necessary for the sustainable use, development, and conservation of marine space designated as a marine use zone in accordance with its intended purposes;
2. Matters regarding the monitoring of implementation of the management plan.
Article 6(Regional councils for marine spatial management) #
(1) A Mayor/Do Governor may organize and operate a regional council for marine spatial management (hereinafter referred to as "regional council") composed of local residents, civic groups, interested parties, relevant experts, and other related persons, to facilitate the efficient formulation and modification of a management plan.
(2) A regional council may present its opinions in the process of formulating or modifying a management plan.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the organization, operation, business affairs, and other relevant details of a regional council shall be prescribed by ordinance of the relevant Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do").
Article 7(Consultation on management plans by Minister of Oceans and Fisheries) #
(1) If the Minister of Oceans and Fisheries intends to hear opinions of a Mayor/Do Governor or consult with the head of a relevant administrative agency under the main clause of Article 7 (5) of the Act, the Minister shall send a draft management plan to the Mayor/Do Governor or the head of the relevant administrative agency.
(2) Upon receipt of a request for the submission of opinions or consultation under paragraph (1), a Mayor/Do Governor or the head of a relevant administrative agency shall reply within 30 days from the date of receipt of such request.
(3) If the Minister of Oceans and Fisheries intends to hold a public hearing under the proviso of Article 7 (5) of the Act, the Minister shall publicly announce the following in a daily newspaper with primary circulation nationwide or in the relevant region and on the website of the Ministry of Oceans and Fisheries, no later than 14 days before the scheduled date of the public hearing:
1. The purpose of the public hearing;
2. The date, time, and place of the public hearing;
3. An overview of the draft management plan;
4. Matters regarding an application for the presentation of opinions;
5. Other matters necessary for holding the public hearing.
(4) If the Minister of Oceans and Fisheries intends to hear opinions of residents on the management plan, in addition to holding a public hearing under paragraph (3), the Minister shall publicly announce the following in at least 2 daily newspapers with primary circulation nationwide or in the relevant region and on the website of the Ministry of Oceans and Fisheries and shall allow the general public to inspect the draft management plan for at least 20 days:
1. An overview of the draft management plan;
2. The period and place for the inspection of the draft management plan;
3. The methods and period for presenting opinions on the draft management plan.
(5) If opinions submitted at the public hearing under paragraph (3) and opinions submitted under paragraph (4) are deemed reasonable, the Minister of Oceans and Fisheries shall incorporate those opinions into the management plan.
Article 8(Consultation on management plans by Mayors/Do Governors) #
(1) If a Mayor/Do Governor intends to consult with the head of a relevant administrative agency under Article 7 (6) of the Act, the Mayor/Do Governor shall send a draft management plan to the head of a relevant administrative agency.
(2) Upon receipt of a request for consultation under paragraph (1), the head of a relevant administrative agency shall submit his or her opinion within 30 days from the date of receipt of such request.
(3) Article 7 (3) through (5) shall apply mutatis mutandis to cases where a Mayor/Do Governor intends to hold a public hearing or hear opinions of residents under Article 7 (6) of the Act. In such cases, "Minister of Oceans and Fisheries" shall be construed as "Mayor/Do Governor", and "website of the Ministry of Oceans and Fisheries" as "website of the relevant City/Do".
Article 9(Modification of minor matters in management plans) #
"Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 7 (7) of the Act means the following:
1. Revocation of the designation of a marine use zone due to the reduction of a plan for the use and development of marine space;
2. Correction of miscalculations, clerical errors, omissions, or other similar evident errors.
Article 10(Public notice of management plans) #
(1) If the Minister of Oceans and Fisheries or a Mayor/Do Governor publicly notifies the formulation or modification of a management plan under Article 8 (1) and (2) of the Act, such public notice shall include the following:
1. Marine space subject to the formulation or modification of the management plan;
2. The reason for the formulation or modification of the management plan;
3. The characteristics of the relevant marine space;
4. A marine spatial management plan map and explanatory document under Article 5 (2);
5. Matters regarding the management of marine use zones.
(2) When the Minister of Oceans and Fisheries, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to allow the general public to inspect a management plan under Article 8 (1) and (3) of the Act, the period of inspection shall be at least 30 days, and electronic inspection shall also be made available.
Article 11(Regional committees on marine spatial management) #
(1) A regional committee for marine spatial management under Article 9 (1) of the Act (hereinafter referred to as "regional committee") shall deliberate on the following:
1. The formulation or modification of management plans and other important matters regarding marine spatial management;
2. Matters on which a Mayor/Do Governor seeks advice in relation to a management plan;
3. Other matters necessary for the marine spatial management of the relevant City/Do that are subject to deliberation by a regional committee as prescribed by ordinance of the relevant City/Do.
(2) A regional committee shall be composed of at least 10 but not more than 20 members, including 1 chairperson, taking into account gender equality.
(3) The relevant Mayor/Do Governor shall serve as the chairperson of a regional committee, and its members shall be appointed or commissioned by the Mayor/Do Governor from among the following persons; in such cases, the number of members falling under the category specified in subparagraph 3 shall be at least 1/2 of the total number of members:
1. Public officials of the relevant City/Do or Si/Gun/Gu;
2. Public officials of relevant administrative agencies related to marine spatial planning;
3. Persons with extensive knowledge of and experience in fields related to marine spatial planning, such as environment, ecology, culture, resources, maritime traffic, safety, and fisheries.
Article 12(Modification of minor matters regarding marine use zones) #
"Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 13 (1) of the Act means the correction of miscalculations, clerical errors, omissions, or other similar evident errors.
Article 13(Consultation on compatibility of marine space) #
(1) If the head of a central administrative agency or the head of a local government intends, in accordance with Article 15 (1) of the Act, to approve, formulate, or modify a plan for the use and development of marine space specified in any of the subparagraphs of that paragraph, or to designate a district or zone, etc. or modify such designation, such head shall have a prior consultation with the Minister of Oceans and Fisheries (hereinafter referred to as “marine spatial compatibility consultation”).
(2) The types of plans, districts or zones, etc. subject to marine spatial compatibility consultation and the timing for consultation requests shall be as specified in Appendix; provided, if any of the following consultation or evaluation shall be requested in relation to the approval, formulation, or modification of the relevant plan or the designation of a district or zone, etc. or the modification of such designation, marine spatial compatibility consultation shall be requested before such consultation or evaluation:
1. Consultation on the utilization of sea areas under Article 84 (1) of the Marine Environment Management Act;
2. Sea area utilization impact assessment under Article 85 (1) of the Marine Environment Management Act.
Article 14(Submission of results of review of maritime spatial compatibility) #
(1) The results of review of marine spatial compatibility under Article 16 (1) of the Act shall include the following:
1. An overview of the use and development plan or the district or zone, etc.;
2. The current usage and environmental characteristics of the relevant marine space;
3. Management directions for the relevant marine space and marine use zones in accordance with the marine spatial plan;
4. An optimal plan for the use of marine space suited to its characteristics;
5. Review of conflicts between marine environment conditions and the use of marine space.
(2) Except as provided in paragraph (1), details necessary for the submission of the results of the review of marine spatial compatibility shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 15(Review of maritime spatial compatibility) #
(1) When reviewing the compatibility of marine space under Article 16 (2) of the Act, the Minister of Oceans and Fisheries shall specifically consider the following:
1. Conformity with policy directions in accordance with the marine spatial plan;
2. Comprehensive characteristics of marine space, including current usage and demand forecasts;
3. Conformity with marine use zones and the management details of each zone;
4. Appropriateness of the conditions and location of the marine space and its surrounding environment subject to use and development plans or the designation of districts or zones, etc.
(2) When reviewing marine spatial compatibility under paragraph (1), if all or part of the content of the results of marine spatial compatibility review under Article 14 is missing or the content is significantly insufficient, the Minister of Oceans and Fisheries may request the head of the relevant central administrative agency or local government to supplement the content and, if necessary, may conduct a field survey. <Amended on Jan. 5, 2021>
Article 16(Notification of opinions on review of marine spatial compatibility) #
(1) The Minister of Oceans and Fisheries shall notify the review opinions under Article 16 (2) of the Act within 45 days from the date of receipt of the request for marine spatial compatibility consultation.
(2) The period required for the head of the relevant central administrative agency or the head of a local government to supplement the results of the review on marine spatial compatibility under Article 15 (2), as well as public holidays and Saturdays, must not be included in the period of notification under paragraph (1).
(3) Except as provided in paragraphs (1) and (2), details necessary for the notification of opinions on the review of marine spatial compatibility shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 17(Request for consultation when incorporating consultation content is impracticable) #
(1) When there are special reasons making it impracticable to incorporate the consultation content into the relevant plan under Article 17 (2) of the Act, the head of the relevant central administrative agency or local government shall submit a request for consultation to the Minister of Oceans and Fisheries, attaching documents including the following:
1. Location and extent of the relevant marine space;
2. Special reasons that make it impracticable to incorporate the consultation content into the plan;
3. Expected time when the special reasons under subparagraph 2 cease to exist;
4. Other matters necessary for the consultation.
(2) The Minister of Oceans and Fisheries shall notify the opinions within 20 days from the date of receipt of the request for consultation under paragraph (1).
Article 18(Collection of marine spatial data) #
“ Materials and data prescribed by Presidential Decree” in Article 18 (1) 4 of the Act means materials and data regarding marine space that are produced or managed in accordance with statutes and regulations by the heads of central administrative agencies other than the Minister of Oceans and Fisheries, the heads of local governments, or public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions).
Article 19(Designation of specialized institutions for evaluation of marine spatial plans) #
(1) The Minister of Oceans and Fisheries may designate an institution that meets all of the following requirements as a specialized institution for the evaluation of marine spatial plans (hereinafter referred to as the “specialized institution”) under Article 20 (1) of the Act:
1. The institution shall have human resources and operational systems necessary for the integrated management of marine spatial data and marine spatial management;
2. The institution shall have a record of performance in business affairs regarding the collection, analysis, and management of marine spatial data;
3. The institution shall have a record of performance in business affairs such as specialized surveys, research, and education regarding marine spatial management.
(2) A person seeking designation as a specialized institution shall submit an application for designation in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with documents evidencing that the requirements under the subparagraphs of paragraph (1) are satisfied.
(3) Upon designation of a specialized institution, the Minister of Oceans and Fisheries shall issue a certificate of designation to the relevant institution, as prescribed by Decree of the Ministry of Oceans and Fisheries, and shall publicly notify such fact in the Official Gazette and on the website of the Ministry of Oceans and Fisheries.
(4) Except as provided in paragraphs (1) through (3), detailed requirements, procedures, and other relevant details necessary for the designation of specialized institutions shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 20(Business affairs of specialized institutions) #
(1) A specialized institution shall perform the following business affairs:
1. Support for the formulation and modification of a master plan and a management plan;
2. Support for the evaluation of marine spatial characteristics under Article 13 of the Act;
3. Support for the review of marine spatial compatibility under Article 16 (2) of the Act;
4. Support for the establishment and operation of the marine spatial data system under Article 19 of the Act;
5. Support for research and development projects, etc. under Article 21 of the Act;
6. Support for international cooperation and inter-Korean cooperation under Article 22 of the Act;
7. Matters regarding the publication and distribution of various statistics and publications regarding marine spatial management;
8. Other business affairs entrusted by the State or local governments.
(2) Except as provided in paragraph (1), matters necessary for the operation and management, etc. of specialized institutions shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 21(Revocation of designation of specialized institutions) #
(1) The Minister of Oceans and Fisheries may revoke the designation of a specialized institution in any of the following cases; provided, in the case of subparagraph 1, such designation shall be revoked:
1. If the institution obtains designation by fraud or other improper means;
2. If the institution ceases to meet the designation requirements under Article 19 (1);
3. If the institution fails to properly perform its business affairs under Article 20 (1) or its performed business affairs are deemed to deviate from the purpose of designation.
(2) If the Minister of Oceans and Fisheries intends to revoke the designation of a specialized institution under paragraph (1), the Minister shall hold a hearing.
(3) If the Minister of Oceans and Fisheries revokes the designation of a specialized institution under paragraph (1), the Minister shall notify the relevant institution without delay and publicly notify such fact in the Official Gazette and on the website of the Ministry of Oceans and Fisheries.
Article 22(Promotion of international cooperation) #
The Minister of Oceans and Fisheries may conduct the following projects to promote international cooperation on marine spatial management and inter-Korean cooperation and exchanges under Article 22 (1) and (2) of the Act:
1. Exchange projects for technology and personnel related to marine spatial management;
2. Support projects for international joint research, inter-Korean joint research, other relevant research related to marine spatial management;
3. Other projects related to international cooperation and inter-Korean cooperation for marine spatial management.