Article 1(Purpose) #
The purpose of this Decree is to stipulate matters mandated by the National Heritage Impact Assessment Act and matters necessary for its enforcement.
Article 2(Subject of prior impact consultations) #
(1) "Cases ... prescribed by Presidential Decree" in Article 7(1)3 of the National Heritage Impact Assessment Act (hereinafter referred to as the "Act") means any of the following cases:
1. In the case of a development plan for land, where the area of the development plan site is 30,000 square meters or more;
2. In the case of a development plan for inland waters under subparagraph 1 of Article 2 of the Inland Waters Fisheries Act, where the area of the development plan site is 30,000 square meters or more;
3. In the case of a coastal development plan under subparagraph 1 of Article 2 of the Coastal Management Act, where the area of the development plan site is 30,000 square meters or more.
(2) "Modifications of any minor matters prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 7(1) of the Act means any of the following modifications to the development plan site under the development plan initially agreed upon in accordance with Article 7(1) of the Act:
1. Where the area decreases without changing the location of the development plan site;
2. Where the total floor area or building area of each planned building or facility is reduced without any change to its location or increase in its height;
3. Where the purpose of use of a building or facility is changed without changing the location of the building or facility scheduled to be constructed, or without increasing the height, total floor area, or building area.
(3) The specific types of development plans subject to prior impact consultation under Article 7(1) of the Act are as per Appendix 1.
Article 3(Procedures for prior impact consultation) #
(1) Where the head of an administrative agency who intends to formulate a development plan (hereinafter referred to as "head of a planning agency") intends to request a prior impact consultation under Article 7(1) of the Act, they shall submit a written request for prior impact consultation prescribed by Decree of the Ministry of Culture, Sports and Tourism, attached with the documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service.
(2) The Administrator of the Korea Heritage Service shall, within 14 days from the date of receiving the request for prior impact consultation pursuant to paragraph (1), notify the head of the planning agency who requested the prior impact consultation of the results of examination of matters specified in each subparagraph in Article 8(1) of the Act.
(3) Where any subparagraph of Article 8(2) of the Act is applicable as a result of the examination under paragraph (1) of that Article, the Administrator of the Korea Heritage Service shall request the head of the planning agency to re-examine the development plan. In such cases, the following periods shall not be included in the period referred to in paragraph (2):
1. Where the Administrator of the Korea Heritage Service requests the head of the planning agency that requested the prior impact consultation to supplement the written request for prior impact consultation under paragraph (1), the period required for such supplementation (including the date the written request for supplementation is sent and the date the supplemented document arrives);
2. When the Administrator of the Korea Heritage Service hears the opinions of relevant experts for the purpose of reviewing the prior impact consultation, the period required to hear such opinions (which shall be limited to a maximum of 30 days);
3. Saturdays, Sundays, public holidays as defined in Article 2 of the Act on Public Holidays, and substitute public holidays as defined in Article 3 of that Act.
(4) Except as otherwise provided in paragraphs (1) through (3), necessary matters regarding the procedures for prior impact consultations shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 4(Criteria for prior impact consultations) #
(1) The criteria for examination of preliminary impact consultations under Article 8(1) of the Act shall be as follows:
1. Negative impacts of the development plan on the preservation of buried heritage or State-designated heritage, such as environmental pollution, noise, and alteration of landform;
2. Whether measures to eliminate or mitigate the negative impacts under subparagraph 1 is examined when the relevant development plan is formulated, and the appropriateness of the relevant plan;
3. Whether protective measures for historic and cultural environment preservation zones were examined when formulating the relevant development plan, and the appropriateness of the relevant protection measures;
4. Whether preservation measures for the area of buried heritage are examined when formulating the relevant development plan, and the appropriateness of the relevant protective measures.
(2) "Cases prescribed by Presidential Decree" in Article 8(2)3 of the Act means cases where there is a risk of damage to buried heritage or the historic and cultural environments due to changes in water systems or quantity or water pollution.
(3) Upon receipt of a request for re-examination under Article 8(2) of the Act, the head of a planning agency shall submit a re-examined development plan (which, in the case of modifications of the development plan, shall include the contents of the modified plan) to the Administrator of the Korea Heritage Service, along with detailed materials, such as a comparison chart, etc. regarding the modified details of the development plan.
(4) Except as otherwise provided in paragraphs (1) through (3), matters necessary for the criteria for prior impact consultation and the re-examination of development plans shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 5(Projects subject to impact assessment) #
(1) "Construction projects of a scale prescribed by Presidential Decree" in Article 9(1)1 of the Act means the following construction projects. In such cases, a construction project, the total area of which reaches at least the scale specified in subparagraphs 1 through 3 as a result of developing the relevant area successively in divisions or developing the adjoining areas for an identical purpose shall be included:
1. In the cases of construction projects carried out on land, the project area (excluding an area corresponding to each of the following items; hereafter the same shall apply in this Article, and Articles 6 and 14(2)) of which is 30,000 square meters or more:
a. The area of buried heritage;
b. An area where the State or the head of a local government has conducted a surface survey under Article 6-2 of the Act on Protection and Investigation of Buried Heritage and Article 5-2 of the Enforcement Decree of that Act;
2. Construction projects implemented on inland waters defined in subparagraph 1 of Article 2 of the Inland Water Fisheries Act, where the project area is at least 30,000 square meters; provided, if the project is for extracting aggregate from inland waters, the project area shall be at least 150,000 square meters;
3. Construction projects implemented in the coast as defined in subparagraph 1 of Article 2 of the Coast Management Act, of which the project area is at least 30,000 square meters; provided, if the project is for extracting aggregate from the coast, the project area shall be at least 150,000 square meters.
(2) "Cases prescribed by Presidential Decree" in Article 9(1)3 of the Act means construction projects implemented in a zone determined and publicly notified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu) having jurisdiction over an area where the relevant construction projects are implemented, which is less than the project area specified in each subparagraph of paragraph (1) and is highly likely to have national heritage buried, such as an area where buried heritage was excavated or discovered in the past.
Article 6(Minor modifications of construction project plans) #
"Modifications of any minor matters prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 9(1) of the Act means any of the following modifications to a construction site under a construction plan for which an impact assessment has been conducted under Article 9(1) of the Act:
1. When the project area is reduced without changing the location of the construction site;
2. Where the project plan is modified in a region other than the area of buried heritage or a historic and cultural environment preservation zone.
Article 7(Subsidy for impact assessment costs) #
"Construction project prescribed by Presidential Decree" in the proviso of Article 10(2) of the Act means construction projects other than those implemented by any of the following entities:
1. The State;
2. A local government;
3. A public institution under the Act on the Management of Public Institutions;
4. A local public enterprise under the Local Public Enterprises Act;
5. A corporation in which a local government-invested public corporation under the Local Public Enterprises Act has invested one-half or more of its capital within the limit of investment prescribed in Article 47-2 of the Enforcement Decree of that Act;
6. The Korean Broadcasting System under the Broadcasting Act;
7. The Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act.
Article 8(Submission of assessment report) #
"Matters prescribed by Presidential Decree" in Article 11(2)4 of the Act means matters regarding whether a construction project exceeds the scope of specific standards of conduct, in cases where the construction project is carried out in a historic and cultural environment preservation zone for which specific standards of conduct have been publicly notified under Article 13(5) of the Act on Conservation and Utilization of Cultural Heritage or Article 10(4) of the Act on Conservation and Utilization of Natural Heritage.
Article 9(Examination of assessment report) #
"Institutions prescribed by Presidential Decree" in the latter part of Article 11(3) of the Act means the National Research Institute of Cultural Heritage and the National Research Institute of Maritime Heritage.
Article 10(Supplementation of assessment report) #
"Any other reasons prescribed by Presidential Decree" in the former part of Article 12(1) of the Act means any of the following cases:
1. Where any information required to be included in the assessment report under Article 11(1)1 of the Act (hereinafter referred to as "assessment report") is missing;
2. Where the assessment report is poorly prepared and thus it is difficult to determine whether the relevant construction project is likely to affect the preservation of the State-designated heritage or buried heritage;
3. Where the determination as to whether the implementation of a construction project is likely to affect the preservation of State-designated heritage or buried heritage is deemed inappropriate;
4. Where the measures taken to eliminate or mitigate the impact of the construction project on the preservation of State-designated heritage or buried heritage are not appropriate.
Article 11(Notification of examination results of assessment reports) #
"The period prescribed by Presidential Decree" in Article 13(1) of the Act means the period of 10 days from the date the Administrator of the Korea Heritage Service receives an assessment report under Article 11(1) of the Act (or, in the case of hearing opinions or requesting an on-site investigation under the latter part of Article 11(3) of the Act, 7 days from the date the relevant procedure is completed). In such cases, the periods specified in the following subparagraphs shall not be included in the period specified in the preceding paragraph:
1. When the Administrator of the Korea Heritage Service requests the implementer of a construction project who has submitted an assessment report to supplement the assessment report in accordance with Article 12(1) of the Act, the period required for supplementation (including the date of sending a written request for supplementation and the date on which the supplemented documents arrive);
2. Saturdays, Sundays, public holidays as defined in Article 2 of the Act on Public Holidays, and substitute public holidays as defined in Article 3 of that Act.
Article 12(Compliance requirements for preparation of assessment reports) #
Matters to be complied with by a national heritage impact assessment agency referred to in Article 20 of the Act (hereinafter referred to as "assessment agency") and the implementer of a construction project subject to impact assessment when preparing or submitting an assessment report under Article 21 of the Act shall be as specified in Appendix 2.
Article 13(Designation of professional training institutions) #
(1) The Administrator of the Korea Heritage Service may designate an institution or organization that satisfies all of the following requirements as a training institution for professional human resources under Article 24(1) of the Act:
1. It shall be any of the following institutions or organizations:
a. Schools under Article 2 of the Higher Education Act or a Korean Traditional Culture University or the Korean National University of Heritage under Article 2 of the Act on the Establishment of the Korea National University of Heritage that has a department or major related to national heritage, or a research institute affiliated with the university;
b. Public institutions that perform national heritage impact assessment-related affairs among public institutions under the Act on the Management of Public Institutions;
c. Non-profit corporations established for the purpose of enhancing expertise in impact assessment, etc. and strengthening competitiveness, among non-profit corporations established under Article 32 of the Civil Act;
d. Other institutions or organizations performing affairs related to the excavation, repair, restoration, etc. of national heritage, which are deemed as being capable of training and educating specialized human resources related to impact assessment, etc. and publicly notified by the Administrator of the Korea Heritage Service;
2. It shall meet the criteria for designating the training institutions for professionals under Article 24(4) of the Act.
(2) An institution or organization seeking designation as a professional training institution shall submit an application for designation in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism to the Administrator of the Korea Heritage Service.
(3) Upon designating a professional training institution under paragraph (1), the Administrator of the Korea Heritage Service shall issue a designation certificate in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, and post the fact on the website of the Korea Heritage Service.
Article 14(Delegation of authority) #
(1) In accordance with Article 25(1) of the Act, the Administrator of the Korea Heritage Service shall delegate the following authority over construction projects referred to in each subparagraph of paragraph (2) of this Article to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor:
1. Examination of the appropriateness of an assessment report under Article 11(3) of the Act;
2. Request for supplementation and rejection of an assessment report under Article 12 of the Act;
3. Notification of the results of examination of an assessment report under Article 13(1) of the Act;
4. Inspection of implementation progress and actions taken in accordance with Article 16 of the Act.
(2) Construction projects delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor under paragraph (1) shall be as follows:
1. Construction projects specified in Article 9(1)3 of the Act and Article 5(2) of this Decree;
2. Construction projects with a project area of less than 30,000 square meters, and where the area of the buried heritage included in the project area is 4,000 square meters or less.
Article 15(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 31(1) of the Act shall be as specified in Appendix 3.