Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Marine Use Impact Assessment Act and matters necessary for the enforcement thereof.
Article 2(Projects subject to consultation on marine use) #
(1) The types and scope of projects subject to consultation (hereinafter referred to as "projects subject to consultation") under the provisions, with the exception of the subparagraphs, of Article 9 (1) of the Marine Use Impact Assessment Act (hereinafter referred to as the "Act") shall be as specified in Appendix 1.
(2) "Sea areas prescribed by Presidential Decree" in the proviso of Article 9 (1) 6 of the Act means special management sea areas under Article 15 (1) 2 of the Marine Environment Management Act.
(3) "Projects prescribed by Presidential Decree" in Article 9 (4) 4 of the Act means the following projects:
1. Projects to install facilities for preventing the inflow and spread of pollutants, such as marine oil pollution containment booms (oil fences) and water pollution prevention barriers;
2. Projects to install aids to navigation defined in subparagraph 1 of Article 2 of the Aids to Navigation Act, such as floating light buoys;
3. Other projects publicly notified by the Minister of Oceans and Fisheries as necessary for the conservation of the marine environment or the safety of maritime traffic.
Article 3(Request for consultation on marine use consultation) #
The head of a competent authority (referring to a competent authority under subparagraph 4 of Article 2 of the Act; hereinafter the same shall apply) shall file a request for consultation with the Minister of Oceans and Fisheries under Article 11 (1) of the Act within 10 days from the day following the date of receipt of a written consultation on marine use (hereinafter referred to as "written consultation") submitted by a project operator (referring to a project operator under Article 3 (1) of the Act; hereinafter the same shall apply) under Article 10 (1) of the Act.
Article 4(Marine use impact review agency) #
"Institution ... prescribed by Presidential Decree" in the main clause of Article 12 (2) of the Act means the National Institute of Fisheries Science.
Article 5(Projects subject to marine use impact assessment) #
(1) The types and scope of projects subject to assessment under the main clause, with the exception of the subparagraphs, of Article 13 (1) of the Act (hereinafter referred to as "projects subject to assessment") shall be as specified in Appendix 2.
(2) "Projects prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 13 (1) of the Act means projects subject to environmental impact assessment under Appendix 3 of the Enforcement Decree of the Environmental Impact Assessment Act.
(3) "Projects prescribed by Presidential Decree" in Article 13 (1) 9 of the Act means any of the following projects:
1. A project to install offshore wind farms among electric power source development projects under subparagraph 2 of Article 2 of the Electric Power Source Development Promotion Act, or a project to install offshore wind farms among electrical installations under subparagraph 16 of Article 2 of the Electric Utility Act;
2. A project to install harbor protective structures (excluding revetments) under subparagraph 5 a 2) of Article 2 of the Harbor Act or harbor protective structures (excluding revetments) under subparagraph 5 a 1) of Article 2 of Article 2 of the Fishing Villages and Fishery Harbors Act, among coastal maintenance projects under subparagraph 4 of Article 2 of the Coast Management Act.
Article 6(Deliberation procedures for determining assessment items and scope) #
(1) The Minister of Oceans and Fisheries may organize and operate a Marine Use Impact Assessment Council (hereinafter referred to as the "Assessment Council") to deliberate, in accordance with Article 14 (3) of the Act, on matters regarding the assessment items, etc. under paragraph (1) of that Article (hereinafter referred to as "assessment items, etc.").
(2) The Assessment Council shall consist of up to 10 members, including 1 chairperson.
(3) The chairperson of the Assessment Council shall be appointed by the Minister of Oceans and Fisheries from among public officials of Grade IV or higher belonging to the Ministry of Oceans and Fisheries (including public officials in general service belonging to the Senior Executive Service).
(4) Members of the Assessment Council shall be the following persons appointed or commissioned by the Minister of Oceans and Fisheries:
1. At least 1 public official of the Ministry of Oceans and Fisheries who performs business affairs regarding marine use impact assessments;
2. At least 1 public official of a competent authority recommended by its head;
3. At least 1 person with extensive knowledge of and experience in marine use impact assessments;
4. At least 2 persons recommended by the head of the competent local government from among the interested parties under Article 3 (3) of the Act (hereinafter referred to as "interested parties");
5. At least 1 person recommended by a civic group (referring to a nonprofit, nongovernmental organization defined in Article 2 of the Assistance for Nonprofit, Nongovernmental Organizations Act) related to marine environmental conservation.
(5) The chairperson of the Assessment Council shall convene and preside over its meetings.
(6) If the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on behalf of the chairperson.
(7) A majority of the members of the Assessment Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(8) The Minister of Oceans and Fisheries may dissolve the Assessment Council if it is deemed that the purpose of its organization has been achieved.
Article 7(Heads of Relevant Administrative Agencies) #
"Heads of relevant administrative agencies prescribed by Presidential Decree" in Article 15 (2) 4 of the Act means the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), and the head of a Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) who have jurisdiction over target areas for marine use impact assessment.
Article 8(Public announcement and public inspection of draft marine use impact assessment reports) #
(1) The head of a competent authority shall, in accordance with Article 16 (1) of the Act, publicly announce the following matters at least once in a general daily newspaper registered under Article 9 (1) of the Act on the Promotion of Newspapers with nationwide distribution (hereinafter referred to as "daily newspaper"), in a general daily newspaper with its main distribution area in a marine use impact assessment target area (hereinafter referred to as "local newspaper"), and on the website of the competent authority, respectively, within 10 days from the day following the date of receipt of a draft marine use impact assessment report (hereinafter referred to as "draft assessment report") submitted by a project operator and shall make them available for public inspection by interested parties for a period of at least 20 days but not more than 60 days; in such cases, public holidays and Saturdays shall not be included in the public inspection period:
1. An overview of the project subject to assessment;
2. The period and place of public inspection of the draft assessment report;
3. The timing and method of submitting opinions on the draft assessment report (including opinions on whether to hold a public hearing).
(2) When the head of a competent authority intends to make a public announcement under paragraph (1), the head may seek the opinion of the head of a Si/Gun/Gu having jurisdiction over the marine use impact assessment target area regarding the period and place of public inspection under subparagraph 2 of that paragraph.
(3) The interested parties may submit their opinions on the anticipated impacts on the marine environment from the implementation of the project subject to assessment, conservation measures, requests for a public hearing, and other relevant matters, to the head of a competent authority within 7 days from the end of the public inspection period for the draft report, starting from the commencement date of the public inspection.
Article 9(Holding of briefing sessions and public hearings) #
(1) If a project operator intends to hold a briefing session or public hearing (hereinafter referred to as "briefing session, etc.") under Article 16 (2) of the Act, the operator shall publicly announce the overview of the project subject to assessment, the date, time, and place of the briefing session, etc., and other relevant matters at least once in a daily newspaper, in a local newspaper, and on the website of the competent authority, respectively, no later than 7 days before the briefing session, etc.
(2) "Cases prescribed by Presidential Decree" in the proviso of Article 16 (2) of the Act means any of the following cases:
1. Where at least 30 residents have submitted opinions that a public hearing needs to be held under Article 8 (3);
2. Where at least 5 but less than 30 residents have submitted opinions that a public hearing needs to be held under Article 8 (3), and the number of residents who have submitted opinions on the draft assessment report accounts for at least 50/100 of the total number of residents;
3. Where the relevant project falls under the category of a project subject to assessment specified in Article 13 (1) 1 of the Act.
(3) A project operator who has held a public hearing under the proviso of Article 16 (2) of the Act shall notify the head of the competent authority of the results of the public hearing as prescribed by Decree of the Ministry of Oceans and Fisheries.
(4) Except as provided in paragraphs (1) through (3), matters necessary for holding briefing sessions, etc. shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 10(Omission of briefing sessions) #
(1) Briefing sessions, etc. need not be held under the former part of Article 16 (3) of the Act where such sessions, etc. have not been held at least twice due to reasons not attributable to the project operator, or where, even if held, they did not proceed normally.
(2) A project operator who fails to hold a briefing session, etc. under the former part of Article 16 (3) of the Act shall seek the opinions of the interested parties by the following methods under the latter part of that paragraph:
1. Publicly announcing matters regarding the reasons for omitting a briefing session, etc., an overview of the project subject to assessment, the method of inspecting explanatory materials for such project, the methods and timing for submitting opinions, and other relevant details, at least once in a daily newspaper and in a local newspaper, respectively;
2. Posting matters regarding the reasons for omitting a briefing, etc., an overview of the project subject to assessment, explanatory materials for such project, the methods and timing for submitting opinions, and other relevant details, on the website of the competent authority and on the information support system for marine use impact assessments, etc. under Article 45 (2) of the Act (hereinafter referred to as "information support system"), respectively.
Article 11(Methods of disclosure of results of seeking opinions of interested parties and whether to incorporate opinions) #
"Method prescribed by Presidential Decree" in Article 16 (4) of the Act means the method of posting the relevant information on the information support system for at least 14 days.
Article 12(Cases subject to reseeking of opinions of interested parties) #
"If ... intends to modify important matters prescribed by Presidential Decree, such as changes in the project scale" in Article 17 (1) of the Act means any of the following cases:
1. Where the scale of the project subject to assessment increases to at least the minimum scale subject to marine use impact assessment under Appendix 2;
2. Where, due to a change in the project subject to assessment, the scope of any of the following zones, areas, or waters included in the project area increases by at least 10 percent, or any of the following zones, areas, or waters is newly included in the project area:
a. Fishery-resource protection zones under Article 40 of the National Land Planning and Utilization Act;
b. Wetland protection areas under Article 8 (1) of the Wetlands Conservation Act;
c. Protected marine areas defined in subparagraph 14 of Article 2 of the Conservation and Management of Marine Ecosystems Act;
d. Environmental management sea areas under Article 15 of the Marine Environment Management Act.
Article 13(Request for consultation on marine use impact assessments) #
The head of a competent authority shall request a consultation with the Minister of Oceans and Fisheries under Article 19 (1) of the Act, within 10 days from the day following the date of receipt of a marine use impact assessment report (hereinafter referred to as "assessment report") submitted by a project operator under Article 18 (1) of the Act.
Article 14(Agencies subject to additional seeking of opinions on assessment reports) #
"Agencies ... prescribed by Presidential Decree" in Article 20 (2) of the Act means any of the following agencies:
1. The National Marine Biodiversity Institute of Korea established under the Act on the Establishment and Operation of the National Marine Biodiversity Institute of Korea;
2. The Korea Maritime Institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
3. The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act;
4. The Korea Marine Environment Management Corporation established under Article 96 of the Marine Environment Management Act (hereinafter referred to as the "Korea Marine Environment Management Corporation");
5. Other agencies with the expertise necessary for marine use impact assessments, determined and publicly notified by the Minister of Oceans and Fisheries.
Article 15(Period for notification of consultation opinions) #
"Period prescribed by Presidential Decree" in the main clause of Article 21 (1) of the Act means the period classified in the following subparagraphs; in such cases, the period required for supplementation or adjustment following a request for supplementation or adjustment under Article 12 (4) or Article 20 (4) of the Act, as well as public holidays and Saturdays, shall not be included in the period specified in the relevant subparagraph:
1. In cases of receipt of a request for consultation under Article 11 (1) of the Act: 30 days; provided, in cases of a request for consultation for the restoration of natural disasters defined in subparagraph 1 a of Article 3 of the Framework Act on the Management of Disasters and Safety, the period shall be 15 days;
2. In cases of receipt of a request for consultation under Article 19 (1) of the Act: 45 days.
Article 16(Methods of filing objections) #
(1) A project operator or the head of a competent authority who intends to file an objection under Article 22 (1) of the Act shall, within 90 days from the date of receipt of the notification of the relevant consultation opinion, submit to the Minister of Oceans and Fisheries an application for objection, containing the following:
1. The details of, and the reasons for, the objection;
2. The details intended to be changed in the notified opinion;
3. An analysis of the impacts from changes to the notified opinion.
(2) The Minister of Oceans and Fisheries shall, within 30 days from the date of receipt of the application for objection under paragraph (1), notify the results of the review of the details of the objection, containing the following:
1. Whether to agree with the details of the objection;
2. Results of analyzing the validity of the details and reasons for the objection;
3. Presentation of additional environmental pollution reduction measures following changes to the notified opinions.
Article 17(Cases subject to reconsultation) #
(1) "Period prescribed by Presidential Decree" in the main cause of Article 24 (1) 1 of the Act means 5 years.
(2) Reconsultation shall be requested under Article 24 (1) 2 of the Act if the scale of a project subject to assessment, such as the area or length of the project, increases by at least 30 percent. In such cases, if the scale of the project is changed multiple times, the changed scales shall be cumulatively calculated.
(3) Reconsultation shall be requested under Article 24 (1) 3 of the Act if a project subject to consultation or a project subject to assessment has been suspended for at least 7 years and then resumed.
Article 18(Review of marine environment conservation measures) #
(1) "Minor modification prescribed by Presidential Decree" in the proviso of Article 24 (4) of the Act means any of the following cases:
1. Where there is no additional damage to the marine environment or discharge of pollutants affecting the marine environment, despite changes to the project plan, etc.;
2. Where a facility to prevent the inflow and spread of pollutants is installed at a scale or capacity equal to or greater than that originally planned;
3. Where the project area increases due to a cadastral confirmation survey under subparagraph 4-2 of Article 2 of the Act on the Establishment and Management of Spatial Data.
(2) "Grounds prescribed by Presidential Decree" in Article 24 (5) of the Act means the increase in the scale of a project subject to consultation or a project subject to assessment, classified as follows:
1. For a project subject to consultation: An increase of at least 30 percent in the scale of the project, such as its area or length; in such cases, if the scale of the project is changed multiple times, the changed scales shall be cumulatively calculated;
2. For a project subject to assessment: An increase of at least 10 percent but not more than 30 percent in the scale of the project, such as its area or length; in such cases, if the scale of the project is changed multiple times, the changed scales shall be cumulatively calculated.
Article 19(Projects exempt from preparation of management ledger for implementation status of consultation opinions) #
"Project prescribed by Presidential Decree" in the proviso of Article 27 (2) of the Act means a project subject to simplified consultation on marine use under subparagraph 3 of Appendix 1.
Article 20(Agency services to prepare marine environmental impact survey reports) #
"Project prescribed by Presidential Decree, such as a project with a significant impact on the marine environment" Article 31 (3) of the Act means a marine use and development project involving the reclamation of public waters defined in subparagraph 4 of Article 2 of the Public Waters Management and Reclamation Act, with an area of at least 15,000 square meters.
Article 21(Institutions and organizations subject to evaluation of project performance capabilities) #
"Institutions and organizations prescribed by Presidential Decree" in 31 (4) 4 of the Act means any of the following institutions and organizations:
1. An institution funded by the State or a local government;
2. The implementer of a project entrusted by the State, a local government, or a public enterprise or quasi-governmental institution under Article 5 of the Act on the Management of Public Institutions;
3. A concessionaire defined in subparagraph 8 of Article 2 of the Act on Public-Private Partnerships in Infrastructure or a person entrusted by such concessionaire with the implementation of the relevant project.
Article 22(Projects subject to selection of assessment agencies) #
(1) "Project ... prescribed by Presidential Decree" in Article 32 (1) of the Act means any of the following projects:
1. A project subject to assessment under Article 13 (1) 1 of the Act;
2. A project subject to assessment under Article 13 (1) 5 of the Act;
3. A project subject to assessment under Article 5 (3) 1 of the Act.
(2) "Institution ... prescribed by Presidential Decree" in Article 32 (1) of the Act means the Korea Marine Environment Management Corporation (hereafter in this Article referred to as "institution for selecting assessment agencies").
(3) A project operator who intends to request the selection of an assessment agency (referring to an assessment agency under Article 31 (1) of the Act; hereinafter the same shall apply) under Article 32 (1) of the Act shall submit an application in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with documents prescribed by such Decree, including the plan of the relevant project subject to assessment, to the institution for selecting assessment agencies.
(4) Except as provided in paragraphs (1) through (3), the details necessary for the selection of assessment agencies shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 23(Establishment and operation of information support system) #
(1) The Minister of Oceans and Fisheries may request the head of a relevant central administrative agency, the head of a local government, or the head of a related public institution or organization to provide materials or information necessary for the establishment and operation of the information support system under Article 45 (2) of the Act.
(2) "Institution prescribed by Presidential Decree" in Article 45 (3) of the Act means any of the following institutions:
1. The Association under Article 47 (1) of the Act;
2. The Korea Marine Environment Management Corporation;
3. A government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
4. A nonprofit corporation established with permission from the Minister of Oceans and Fisheries under Article 32 of the Civil Act.
(3) When the Minister of Oceans and Fisheries entrusts tasks under Article 45 (3) of the Act, the Minister shall publicly notify the entrusted institution and the details of the entrusted tasks.
Article 24(Designation of institutions for training professional human resources) #
(1) A person who intends to be designated as an institution for training professional human resources under Article 46 (1) of the Act shall submit an application for designation in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with documents prescribed by such Decree, including an operational plan containing the curriculum and educational content.
(2) When the Minister of Oceans and Fisheries designates an institution for training professional human resources under Article 46 (1) of the Act, the Minister shall publicly announce such designation on the website of the Ministry of Oceans and Fisheries.
Article 25(Delegation of authority) #
(1) The Minister of Oceans and Fisheries shall delegate to the director generals of regional offices of oceans and fisheries the authority for the following in accordance with Article 50 (1) of the Act:
1. Receipt of written consultations under Article 11 (1) of the Act;
2. Review of whether consultation is required and the validity, etc. of the details of written consultations; seeking of opinions of the marine use impact review agency; request for the submission of materials; seeking of relevant experts and request for on-site investigations; request for the supplementation or adjustment of written consultations or project plans; and rejection of written consultations; as prescribed in Article 12 of the Act;
3. Receipt of request for deliberation; deliberation, determination, and notification of assessment items, etc.; disclosure of determined assessment items, etc.; and seeking of opinions of residents, etc.; as prescribed in Article 14 (1), (3), and (4) of the Act;
4. Receipt of draft assessment reports and submission of opinions on the reports, as prescribed in Article 15 (2) of the Act;
5. Receipt of assessment reports under Article 19 (1) of the Act;
6. Incorporation of the results of seeking of opinions of interested parties and review of the validity, etc. of assessment reports; seeking of opinions of the marine use impact review agency and additional opinions of specialized institutions; request for the submission of materials; seeking of opinions of relevant experts and request for on-site investigations; request for the supplementation or adjustment of assessment reports or project plans; and rejection of assessment reports; as prescribed in Article 20 of the Act;
7. Receipt of notification of consultation opinions, notification of the extension of the notification period for consultation opinions, and notification of the details of licenses, etc. (referring to licenses, etc. under subparagraph 4 of Article 2 of the Act; hereinafter the same shall apply), as prescribed in Article 21 (1), (2), and (4) of the Act;
8. Receipt of objections, review of the validity of the objections, and notification of the results of the review, as prescribed in Article 22 (1) and (2) of the Act;
9. Request for the incorporation of consultation opinions, receipt of notification of details such as license revocation, and request for orders such as license revocation, as prescribed in Articles 23 (4) through (6) of the Act;
Article 26(Entrustment of tasks) #
(1) The Minister of Oceans and Fisheries may entrust the management of the status of assessment agencies and the agency service performance under Article 41 (2) of the Act, as well as the public announcement of such performance and the details of administrative dispositions under paragraph (3) of that Article, to any of the following persons in accordance with Article 50 (2) of the Act:
1. The Association under Article 47 (1) of the Act;
2. The Korea Marine Environment Management Corporation;
3. A government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
4. A nonprofit corporation established with permission from the Minister of Oceans and Fisheries under Article 32 of the Civil Act.
(2) When the Minister of Oceans and Fisheries entrusts tasks under paragraph (1), the Minister shall publicly notify the entrusted person and the details of the entrusted tasks.
(3) A person entrusted with tasks under paragraphs (1) and (2) shall notify the Minister of Oceans and Fisheries of the results of the entrusted tasks by the end of the month following the end of each half-year period.
Article 27(Management of personally identifiable information) #
The Minister of Oceans and Fisheries (in cases of delegation or entrustment of the authority of the Minister, including persons to whom such authority has been delegated or entrusted) may manage data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is inevitable for performing the following business affairs:
1. Business affairs regarding registration and registration for modification of marine use impact assessment agency services under Article 33 of the Act;
2. Business affairs regarding verification of grounds for disqualification under Article 34 of the Act;
3. Business affairs regarding reports on succession of rights and obligations under Article 36 of the Act;
4. Business affairs regarding reports on the closure or suspension of business by assessment agencies under Article 37 of the Act;
5. Business affairs regarding the management of the status of assessment agencies and the agency service performance, as well as the issuance of certificates of such performance, as prescribed in Article 41 of the Act;
6. Business affairs regarding the establishment and operation of the information support system under Article 45 of the Act.
Article 28(Re-examination of regulation) #
The Minister of Oceans and Fisheries shall examine the appropriateness of the following matters every 3 years, counting from January 1, 2025 (referring to the period that ends on the day before the relevant base date of every third year) and take measures such as making improvements:
1. The types and scope of projects subject to consultation under Article 2 (1) and Appendix 1;
2. The types and scope of projects subject to assessment under Article 5 (1) and Appendix 2.
Article 29(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 54 (1) through (4) of the Act shall be as specified in Appendix 3.