MARINE USE IMPACT ASSESSMENT ACT

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MARINE USE IMPACT ASSESSMENT ACT — 법갈피

Article 6(Assessment fields and items of marine use impact assessments) #

(1) A marine use impact assessment, etc. shall be conducted in the assessment fields of marine use appropriateness and environmental impact (hereinafter referred to as "marine use impact assessment fields") for a marine use and development project.

(2) An assessment in the field of marine use appropriateness shall be conducted with full consideration of the following matters:

1. The purpose and feasibility of a marine use and development project;

2. Compatibility with marine use activities in neighboring sea areas, including fisheries, leisure, tourism, and navigation;

3. Consistency with regulation prescribed by other statutes or regulations, such as protected areas;

4. Acceptance by interested parties, including right holders related to the occupancy or use of public waters under Article 12 (2) of the Public Waters Management and Reclamation Act;

5. The reasonableness of establishing and analyzing alternatives and the appropriateness of facility scale;

6. Other matters that the Minister of Oceans and Fisheries deems necessary to consider for ensuring the appropriateness of marine use.

(3) An assessment in the field of environmental assessment for marine use shall be conducted with full consideration of the following:

1. Rationality of determining the target area and scope of impact for marine use impact assessments, etc.;

2. Regional characteristics of the marine environment and ecosystem for each sea area;

3. Changes in the physical and chemical marine environment caused by marine use; the prediction of environmental hazards; and the rationality of the assessment of impacts on the marine ecosystem;

4. Appropriateness of mitigation measures to minimize the impacts on the marine ecosystem;

5. Other matters that the Minister of Oceans and Fisheries deems necessary to consider due to their impacts on the marine environment.

(4) The detailed assessment items and methods for each field under paragraph (1) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 9(Projects subject to consultation on marine use) #

(1) The head of the competent authority shall consult with the Minister of Oceans and Fisheries on marine use before granting a license, etc., to a project operator intending to conduct a marine use and development project that requires any of the following licenses, etc. (hereinafter referred to as "project subject to consultation"):

1. Designation of prospective areas for extraction of aggregate under Article 21-2 of the Aggregate Extraction Act;

2. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act;

3. Consultation on, or approval for, the occupancy or use of public waters under Article 10 of the Public Waters Management and Reclamation Act;

4. A reclamation license under Article 28 of the Public Waters Management and Reclamation Act;

5. Consultation on, or approval for, the reclamation of public waters under Article 35 or 36 of the Public Waters Management and Reclamation Act;

6. A license for fishery business under Article 7 of the Fisheries Act or a license for aquaculture business under Article 10 of the Aquaculture Industry Development Act; provided, this shall apply only to licenses for fishery business or aquaculture business in sea areas prescribed by Presidential Decree.

(2) In applying paragraph (1) 2 through 5, if a single project subject to consultation involves at least 2 cases of the occupancy or use of public waters, the Minister of Oceans and Fisheries may conduct a collective consultation on marine use.

(3) Even if other statutes provide that any license, etc., specified in paragraph (1) 2 through 5 of are deemed to have been granted, consultation on marine use shall be conducted.

(4) Notwithstanding paragraphs (1) and (3), if a project subject to consultation falls under any of the following categories, it shall be excluded from the scope of projects subject to consultation on marine use:

1. A project for emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;

2. A project that the Minister of National Defense deems to require the protection of military confidential information or to be necessary for the urgent performance of military operations, and on which the Minister consults with the Minister of Oceans and Fisheries;

3. A project that the Director of the National Intelligence Service deems to require a high degree of protection of confidential information for national security, and on which the Director consults with the Minister of Oceans and Fisheries;

4. A project prescribed by Presidential Decree as an act for the conservation of the marine environment and the safety of marine traffic;

5. A project subject to marine use impact assessment under Article 13.

(5) The specific types and scope of projects subject to consultation shall be prescribed by Presidential Decree.

Article 12(Review of written consultation) #

(1) Upon receipt of a request for consultation under Article 11 (1), the Minister of Oceans and Fisheries shall review whether the project is subject to consultation, the validity of the details of the written consultation, and other relevant matters.

(2) When reviewing a written consultation under paragraph (1), the Minister of Oceans and Fisheries shall seek the opinions of an institution with expertise in the marine use impact assessment fields, which is prescribed by Presidential Decree (hereinafter referred to as “marine use impact review agency”); provided, this shall not apply to a project subject to consultation that has minor impacts on the marine environment and that is prescribed by Decree of the Ministry of Oceans and Fisheries.

(3) The Minister of Oceans and Fisheries may request a project operator or the head of the competent authority to submit relevant materials for reviewing the written consultation and may, if necessary, seek the opinions of relevant experts or request on-site investigations.

(4) If the results of the review of a written consultation under paragraph (1) fall under any of the following categories, the Minister of Oceans and Fisheries may request the head of the competent authority to supplement or adjust the written consultation or project plan. In such cases, such requests for supplementation or adjustment may be made only twice, and the head of the competent authority in receipt of the requests shall comply therewith unless there is a compelling reason not to do so:

1. If the surveys on the current status of the marine environment and the analysis of relevant data are insufficient;

2. If the analysis of the impact on the marine environment is omitted or insufficient;

3. If the prediction or assessment of the impact on the marine environment and the measures to mitigate adverse impacts are inappropriate;

4. Where it is deemed necessary to supplement or adjust the project plan in terms of the appropriateness of marine use.

(5) The Minister of Oceans and Fisheries may return a written consultation, in any of the following cases:

1. Where the relevant project is not classified as a project subject to consultation;

2. Where it is deemed impracticable to proceed with consultations because the written consultation or the relevant project plan is not properly prepared, such as omitting requested important details, despite a request for supplementation or adjustment under paragraph (4);

3. Where the written consultation is deemed to have been prepared with false details.

(6) Matters necessary for the details and methods of reviewing written consultations under paragraph (1), the supplementation and adjustment of written consultations under paragraph (4), the return of written consultations under paragraph (5), and other relevant measures shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 13(Projects subject to marine use impact assessment) #

(1) A project operator intending to undertake any of the following marine use and development projects (hereinafter referred to as "projects subject to assessment") shall conduct a marine use impact assessment before obtaining a license, etc. from the head of the competent authority; provided, projects prescribed by Presidential Decree, among those subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act, shall be excluded:

1. A marine aggregate extraction project among aggregate extraction projects under Article 22 of the Aggregate Extraction Act, or a project requiring designation of marine aggregate extraction complexes under Article 34 of that Act;

2. A project requiring permission for the occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act, or a project requiring consultation on, or approval for, such occupancy or use under Article 10 of that Act;

3. A project requiring a reclamation license for public waters under Article 28 of the Public Waters Management and Reclamation Act or a project requiring consultation on, or approval for, the reclamation of public waters under Article 35 of that Act;

4. A project involving the extraction of minerals defined in subparagraph 1 of Article 3 of the Mining Industry Act from public waters;

5. A project involving the installation of new energy and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy on public waters;

6. A project using or developing deep sea water defined in subparagraph 1 of Article 2 of the Development and Management of Deep Sea Water Act;

7. A project involving the disposal of wastes through isolation under Article 9 (1) 2 of the Management of Marine Wastes and Contaminated Marine Sediment Act, or a project involving the storage of carbon dioxide streams in marine geological structures under Article 10 (1) of that Act; 8. A project involving the extraction of submarine minerals defined in subparagraph 1 of Article 2 of the Submarine Mineral Resources Development Act;

9. Other projects prescribed by Presidential Decree that have an impact on the marine environment.

(2) Article 9 (4) 1 through 4 shall apply mutatis mutandis to projects excluded from marine use impact assessment.

(3) The specific types and scope of projects subject to assessment shall be prescribed by Presidential Decree.

Article 23(Incorporation of consultation opinions) #

(1) When a project operator or the head of the competent authority receives the consultation opinions under Article 21 (including cases where an objection filed under Article 22 has been processed), they shall take necessary measures to incorporate such opinions into the relevant project plan, etc.

(2) The head of the competent authority shall verify whether the consultation opinions have been incorporated into the relevant project plan, etc., before granting a license, etc. for the project. In such cases, if the consultation opinions have not been incorporated into the project plan, etc., the head shall ensure that such opinions are incorporated.

(3) When the head of the competent authority notifies the Minister of Oceans and Fisheries of the details of the license, etc. for the relevant project under Article 21 (4), the notification shall include the results of the incorporation of the consultation opinions.

(4) If the consultation opinions are not incorporated into the results notified under paragraph (3), the Minister of Oceans and Fisheries may request the head of the competent authority to ensure such incorporation. In such cases, the head of the competent authority shall comply with the request unless there is a compelling reason not to do so.

(5) If a project operator conducts construction work without undergoing a marine use impact assessment, etc. (including consultation following modification of the relevant project plan under Article 24; hereafter in this Article the same shall apply) or without incorporating the opinions from the assessment, etc., the head of the competent authority shall revoke the relevant license, etc. or order the operator to suspend the project, dismantle or suspend the operation of artificial structures, restore the relevant site to its original state, or take measures to prevent damage to the surrounding marine environment or safety-related accidents, and shall notify the Minister of Oceans and Fisheries of such actions without delay.

(6) If the head of the competent authority grants a license, etc. without undergoing a marine use impact assessment, etc. or without incorporating the opinions from the assessment, etc., the Minister of Oceans and Fisheries may request the head to revoke the license, etc. or to order the relevant project operator to suspend the project, dismantle or suspend the operation of artificial structures, restore the relevant site to its original state, or take measures to prevent damage to the surrounding marine environment or safety-related accidents. In such cases, the head of the competent authority shall comply with the request unless there is a compelling reason not to do so.

Article 24(Consultation following modification of project plans) #

(1) In any of the following cases where a project operator modifies the relevant project plan, etc., after receiving notification of consultation opinions under Article 21, the operator shall request reconsultation with the Minister of Oceans and Fisheries:

1. Where the operator fails to implement the relevant project within the period prescribed by Presidential Decree from the date of receiving notification of consultation opinions under Article 21; provided, this shall not apply where changes in the surrounding conditions during the period of non-implementation are minor and the head of the competent authority has consulted with the Minister of Oceans and Fisheries;

2. Where the area, length, or other aspects of the project subject to marine use impact assessment, etc. have increased to at least the scale prescribed by Presidential Decree;

3. Where it is inappropriate to implement a project plan, etc. in accordance with consultation opinions due to reasons prescribed by Presidential Decree, such as changes in project conditions.

(2) Articles 10 through 12 and 14 through 23 shall apply mutatis mutandis to reconsultation under paragraph (1).

(3) If a project operator intends to modify a consulted project plan, etc. but the relevant case does not fall under any category specified in the subparagraphs of paragraph (1), the operator shall undergo consultation on modification. In such cases, the operator shall prepare marine environment conservation measures following the modification of the project plan, etc. and incorporate such measures into the modified project plan, etc., and shall notify the head of the competent authority and the Minister of Oceans and Fisheries of the details thereof.

(4) A project operator shall undergo prior review of the marine environment conservation measures under paragraph (3) by the head of the competent authority; provided, this shall not apply to a minor modification prescribed by Presidential Decree.

(5) When reviewing marine environment conservation measures under paragraph (4), the head of the competent authority shall seek the opinion of the Minister of Oceans and Fisheries if grounds prescribed by Presidential Decree exist.

(6) Article 23 (2) through (4) shall apply mutatis mutandis to the verification and notification as to whether marine environment conservation measures under paragraph (3) have been incorporated. In such cases, "consultation opinions" shall be construed as "marine environment conservation measures".

Article 25(Prohibition of construction work before completion of consultation) #

(1) No project operator shall conduct construction work for the relevant project subject to marine use impact assessment, etc. without undergoing the procedures for consultation or reconsultation on, or consultation on modification of, such assessment, etc. under Articles 10 through 12 and 14 through 24, or before the procedures are completed; provided, this shall not apply in any of the following cases:

1. Where the operator obtains a license, etc. after receiving notification of consultation opinions under Article 21 and conducts any act not related to the details subject to reconsultation or consultation on modification under Article 24;

2. Where the project operator conducts any act involving minor matters prescribed by Decree of the Ministry of Oceans and Fisheries, which are necessary for preparing to commence construction work or for fulfilling obligations under other statutes or regulations.

(2) The head of the competent authority must not grant a license, etc., for the relevant project (including modification of the details of the previously obtained license, etc.) before completing the procedures for consultation, reconsultation, or consultation on modification under Articles 10 through 12 and Articles 14 through 24.

(3) If a project operator conducts construction work in violation of paragraph (1), the head of the competent authority shall order the operator to suspend all or part of such work, restore the relevant site to its original state, or take measures to prevent damage to the surrounding marine environment or safety-related accidents, and shall notify the Minister of Oceans and Fisheries thereof without delay.

(4) If a project operator conducts construction work in violation of paragraph (1), the Minister of Oceans and Fisheries may request the head of the competent authority to order the operator to suspend construction work, restore the relevant site to its original state, or take measures to prevent damage to the surrounding marine environment or safety-related accidents. In such cases, the head of the competent authority shall comply with the request unless there is a compelling reason not to do so.

Article 31(Agency services for preparation of marine use impact assessment reports) #

(1) When a project operator prepares the following documents (hereinafter referred to as "marine use impact assessment report, etc."), the operator may engage a person registered to act as an agency for the preparation of a marine use impact assessment report, etc. under Article 33 (hereinafter referred to as "assessment agency") to prepare such report, etc.:

1. A written consultation on marine use;

2. A draft marine use impact assessment report and a marine use impact assessment report;

3. Marine environment conservation measures under Article 24 (3);

4. A marine environmental impact survey report under Article 29 (1).

(2) If a project operator concludes a contract to engage agency services for the preparation of a marine utilization impact assessment report, etc., under paragraph (1), such contract shall be separate from any other contracts related to the design or other matters regarding the construction work for the relevant project.

(3) If a project operator engages agency services for the preparation of a marine environmental impact survey report under paragraph (1) 4 for a project prescribed by Presidential Decree, such as a project with a significant impact on the marine environment, the operator shall engage a person other than the one who provided agency services for the preparation of a document specified in paragraph (1) 1 or 2, to act as an agency.

(4) If the head of any of the following institutions or organizations intends to engage an agency to prepare a marine use impact assessment report, etc., under paragraph (1), the head shall evaluate the project performance capabilities of an assessment agency wishing to participate, including its technical and managerial capabilities:

1. A State agency or a local government;

2. A public enterprise or quasi-governmental institution under Article 5 of the Act on the Management of Public Institutions;

3. A local government-invested public corporation or local public agency under Local Public Enterprises Act;

4. Other institutions and organizations prescribed by Presidential Decree.

(5) Necessary matters regarding the agencies subject to project performance capability evaluation, and the criteria, procedures, and other details for such evaluation under paragraph (4) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 35(Compliance requirements for project operators and assessment agencies) #

(1) A project operator shall comply with the following requirements when preparing a marine use impact assessment report, etc.:

1. The operator must not prepare a marine use impact assessment report, etc., by copying the details of any other such report, etc.;

2. The operator must not prepare a marine use impact assessment report, etc. and the underlying data for its preparation, with false or deficient details;

3. The operator shall register a marine use impact assessment report, etc. and the underlying data for its preparation in the information support system under Article 45 (2) as prescribed by the Decree of the Ministry of Oceans and Fisheries;

4. When an assessment agency provides agency services for the preparation of a marine use impact assessment report, etc. under Article 31 or 32 (hereinafter referred to as "agency services"), the operator shall provide the agency with sufficient information and data regarding the relevant project subject to assessment;

5. When concluding a contract with an assessment agency, the operator shall provide reasonable compensation in accordance with the cost calculation standards under Article 42 to ensure the proper performance of the agency services;

6. The operator must not require an assessment agency to prepare a marine use impact assessment report etc. and the underlying data for its preparation, with false or deficient details;

7. The operator must not offer to or accept from an assessment agency any unjust solicitation, money, valuables, or entertainment in connection with the agency services.

(2) An assessment agency shall comply with the following requirements when providing agency services:

1. The agency must not prepare a marine use impact assessment report, etc., by copying the details of any other such report, etc.;

2. The agency must not prepare a marine use impact assessment report, etc. and the underlying data for its preparation, with false or deficient details;

3. The agency shall register a marine use impact assessment report, etc. and the underlying data for its preparation in the information support system under Article 45 (2) as prescribed by the Decree of the Ministry of Oceans and Fisheries;

4. The agency must not lend its registration certificate or name to another person;

5. The agency must not subcontract its services to another person; provided, this shall not apply if the agency obtains approval from the contracting party, as prescribed by the Decree of the Ministry of Oceans and Fisheries;

6. The agency must not offer to or accept from the relevant project operator any unjust solicitation, money, valuables, or entertainment in connection with the agency services.

(3) The detailed criteria for determining preparation with false or deficient details under paragraphs (1) 2 and 6 and (2) 2 shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 41(Reporting of agency service performance) #

(1) An assessment agency shall report to the Minister of Oceans and Fisheries its agency service performance prescribed by Decree of the Ministry of Oceans and Fisheries, including the conclusion of agency service contracts, within 30 days from the date of such conclusion or other relevant events, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(2) The Minister of Oceans and Fisheries shall manage the current status of assessment agencies and the agency service performance reported under paragraph (1).

(3) The Minister of Oceans and Fisheries shall publicly announce the agency service performance and the details of administrative dispositions at least once every year, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(4) If an assessment agency fails to file a report under paragraph (1), or if it is necessary to verify whether the marine use impact assessment services are being properly performed, the Minister of Oceans and Fisheries may require the agency to submit necessary materials or authorize a public official under his or her control to enter the place of business for inspection. In such cases, the agency must not refuse to submit materials or refuse or interfere with the inspection, without good cause.

(5) Article 28 (4) and (5) shall apply mutatis mutandis to an inspection under paragraph (4).

(6) If a person performing agency services intends to obtain recognition of agency service performance, the person shall file an application therefor with the Minister of Oceans and Fisheries, along with information regarding his or her workplace, career experience, and other relevant details; and if the Minister recognizes the details of such application, he or she may issue a certificate of such performance. In such cases, if necessary to verify the details of the application, the Minister may request the head of a relevant agency, such as a central administrative agency, a local government, or an institution or enterprise to which the person currently belongs or previously belonged, to submit relevant materials.

(7) Matters necessary for the application for the recognition of agency service performance and the issuance of certificates under paragraph (6) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 46(Training of professional human resources) #

(1) The Minister of Oceans and Fisheries may designate an institution or organization that meets the requirements for appropriate personnel, facilities, and other relevant conditions as an institution for training professional human resources, as prescribed by Presidential Decree, to enhance the expertise of human resources conducting marine use impact assessments, etc. and to strengthen the competitiveness thereof.

(2) An institution for training professional human resources shall conduct the following projects:

1. Analysis of the supply of, and demand for, professional human resources and the development of human resources;

2. Development and operation of assessment methodologies and educational programs for professional human resources;

3. Cooperation with academia, industry, and public institutions for training professional human resources;

4. Other projects necessary for training and educating professional human resources for marine use impact assessments, etc.

(3) The Minister of Oceans and Fisheries may fully or partially subsidize a designated institution for training professional human resources to cover the expenses incurred in training such human resources, within the budget.

(4) If an institution for training professional human resources falls under any of the following categories, the Minister of Oceans and Fisheries may revoke its designation or order it to suspend its business operations for a fixed period of up to 6 months; provided, in the case of subparagraph (1), the Minister shall revoke the designation:

1. If the institution has obtained the designation by fraud or other improper means;

2. If the institution no longer meets the designation requirements under paragraph (1);

3. If the institution fails to commence or delays the training of professional human resources, without good cause;

4. If the institution fails to train professional human resources for a consecutive period of at least 1 year, without good cause.

(5) The specific designation requirements for an institution for training professional human resources under paragraph (1), the detailed criteria and procedures for dispositions under paragraph (4), and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 52(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for up to 5 years or by a fine not exceeding 50 million won:

1. A project operator that fails to comply with an order to suspend the relevant project, dismantle or suspend the operation of artificial structures, or restore the relevant site to its original state under Article 23 (5) or (6);

2. A project operator that fails to comply with an order to suspend the relevant construction work or restore the relevant site to its original state under Article 25 (3) or 30 (2);

3. A project operator that fails to comply with an order to suspend the relevant construction work or restore the relevant site to its original state under Article 25 (4) or 30 (3).

(2) Any of the following persons shall be punished by imprisonment with labor for up to 2 years or by a fine not exceeding 20 million won:

1. A project operator that fails to conduct a marine environmental impact survey under Article 29 (1);

2. An assessment agency that provides agency services for the preparation of a marine use impact assessment report, etc. without filing for registration under Article 33 (1);

3. An assessment agency that has filed for registration under Article 33 (1) by fraud or other improper means;

4. A person who prepares a marine use impact assessment report, etc., by copying the details of any other such report, etc., in violation of Article 35 (1) 1 or (2) 1;

5. A person who prepares a marine use impact assessment report, etc. with false details, in violation of Article 35 (1) 2 or (2) 2;

6. A person who requires an assessment agency to prepare a marine use impact assessment report etc. and the underlying data for its preparation, with false or deficient details, in violation of Article 35 (1) 6; provided, this shall not apply where a project subject to consultation is subject to an environmental impact assessment under Article 22 of the Environmental Impact Assessment Act or a small-scale environmental impact assessment under Article 43 of that Act;

7. A person who offers to or accepts from an assessment agency any unjust solicitation, money, valuables, or entertainment in connection with the relevant agency services, in violation of Article 35 (1) 7;

8. A person who offers to or accepts from a project operator any unjust solicitation, money, valuables, or entertainment in connection with the performance of the relevant agency services, in violation of Article 35 (2) 6;

9. An assessment agency that concludes a new contract for agency services following the revocation of its registration or during a business suspension period, in violation of Article 39 (3).

(3) Any of the following persons shall be punished by imprisonment with labor for up to 1 year or by a fine not exceeding 10 million won:

1. A project operator that commences construction work without undergoing the consultation or reconsultation process or before its completion, in violation of Article 25 (1);

2. A person who refuses to submit materials or refuses or interferes with entry or inspection without good cause, in violation of the latter part of Article 28 (3) or the latter part of Article 41 (4);

3. A project operator that fails to submit materials without good cause, in violation of the latter part of Article 29 (5);

4. An assessment agency that lends its certificate of registration or name to another person, in violation of Article 35 (2) 4;

5. An assessment agency that subcontracts its agency services to another person, in violation of Article 35 (2) 5;

6. A person who discloses or misappropriates confidential information, in violation of Article 48.

Article 54(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 50 million won:

1. A project operator that fails to implement measures to prevent damage to the surrounding marine environment or safety-related accidents under Article 23 (5) or (6);

2. A project operator that fails to implement measures to prevent damage to the surrounding marine environment or safety-related accidents under Article 25 (3) or (4);

3. A project operator that fails to comply with an order to take measures for damage mitigation under Article 29 (3);

4. A project operator that fails to comply with an order to take measures under Article 30 (1);

5. A project operator that fails to implement measures to prevent damage to the surrounding marine environment or safety-related accidents under Article 30 (2) or (3).

(2) An administrative fine not exceeding 20 million won shall be imposed on a project operator that commences construction work without undergoing the consultation or reconsultation process or before its completion, in violation of Article 25 (1); provided, this shall not apply where a project subject to consultation is subject to an environmental impact assessment under Article 22 of the Environmental Impact Assessment Act or a small-scale environmental impact assessment under Article 43 of that Act.

(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:

1. A project operator that fails to notify marine environment conservation measures following the modification of the relevant project plan, etc. in violation of the latter part of Article 24 (3);

2. A project operator that fails to conduct part of a marine environmental impact survey, in violation of Article 29 (1);

3. A project operator that fails to take necessary measures or give notification, in violation of Article 29 (2); provided, this shall not apply where a project subject to consultation is subject to an environmental impact assessment under Article 22 of the Environmental Impact Assessment Act or a small-scale environmental impact assessment under Article 43 of that Act;

4. A project operator that fails to conclude a separate contract for the agency services for the preparation of a marine use impact assessment report, etc., independent of other contracts, in violation of Article 31 (2);

5. A project operator that engages a person who has provided agency services for preparation under Article 31 (1) 1 or 2 to also provide agency services for the preparation of a marine environmental impact survey report, in violation of paragraph (3) of that Article;

6. A person who prepares a marine use impact assessment report, etc. with deficient details, in violation of Article 35 (1) 2 or (2) 2;

7. A person who fails to register a marine use impact assessment report, etc., and underlying data for its preparation in the information support system, in violation of Article 35 (1) 3 or (2) 3.

(4) Any of the following persons shall be subject to an administrative fine not exceeding 5 million won:

1. A project operator that fails to notify the commencement, completion, suspension, or resumption of a project, in violation of Article 26; provided, this shall not apply where a project subject to consultation is subject to an environmental impact assessment under Article 22 of the Environmental Impact Assessment Act or a small-scale environmental impact assessment under Article 43 of that Act;

2. A project operator that fails to designate a person in charge or to record and manage the status of compliance with the consultation opinions in a management ledger, in violation of Article 27 (2); provided, this shall not apply where a project subject to consultation is subject to an environmental impact assessment under Article 22 of the Environmental Impact Assessment Act or a small-scale environmental impact assessment under Article 43 of that Act;

3. A project operator that fails to notify the results of a marine environmental impact survey, in violation of Article 29 (1);

4. An assessment agency that modifies an important matter without filing for registration of such modification, in violation of Article 33 (2);

5. A person who fails to file a report on the succession of rights and obligations, in violation of Article 36 (2);

6. An assessment agency that fails to report its agency service performance, in violation of Article 41 (1).

(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.

MARINE USE IMPACT ASSESSMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State) #

Article 4(Basic principles) #

Article 5(Scope of application) #

Article 6(Assessment fields and items of marine use impact assessments) #

Article 7(Establishment of conservation objectives for each assessment item) #

Article 8(Relationship to marine spatial management plans) #

Article 9(Projects subject to consultation on marine use) #

Article 10(Preparation of written consultation on marine use) #

Article 11(Request for consultation) #

Article 12(Review of written consultation) #

Article 13(Projects subject to marine use impact assessment) #

Article 14(Determination of assessment items and scope) #

Article 15(Preparation of draft marine use impact assessment reports) #

Article 16(Seeking of opinions on draft assessment reports) #

Article 17(Reseeking of opinions) #

Article 18(Preparation of marine use impact assessment reports) #

Article 19(Request for consultation) #

Article 20(Review of assessment reports) #

Article 21(Notification of consultation opinions) #

Article 22(Filing objections) #

Article 23(Incorporation of consultation opinions) #

Article 24(Consultation following modification of project plans) #

Article 25(Prohibition of construction work before completion of consultation) #

Article 26(Notification of progress of projects) #

Article 27(Compliance with consultation opinions) #

Article 28(Verification of compliance with consultation opinions) #

Article 29(Marine environmental impact surveys) #

Article 30(Order for measures) #

Article 31(Agency services for preparation of marine use impact assessment reports) #

Article 32(Institutions for selecting assessment agencies) #

Article 33(Registration of marine use impact assessment agency services) #

Article 34(Grounds for disqualification) #

Article 35(Compliance requirements for project operators and assessment agencies) #

Article 36(Succession of rights and obligations) #

Article 37(Closure or suspension of business) #

Article 38(Revocation of registration or business suspension of assessment agencies) #

Article 39(Continuation of business by assessment agencies subject to registration revocation or business suspension) #

Article 40(Succession to effects of administrative dispositions) #

Article 41(Reporting of agency service performance) #

Article 42(Standards for calculating costs of agency services) #

Article 43(Implementation of international conventions and strengthening of international cooperation) #

Article 44(Research and surveys) #

Article 45(Establishment and operation of information support system) #

Article 46(Training of professional human resources) #

Article 47(Association on marine use impact assessments) #

Article 48(Duty of confidentiality) #

Article 49(Hearings) #

Article 50(Delegation and entrustment of authority) #

Article 51(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 52(Penalty provisions) #

Article 53(Joint penalty provisions) #

Article 54(Administrative fines) #