(1) Reasons for Proposal

The Amendment aims to establish a national-provincial-regional hierarchy for ecological axes; to develop a control system for the ecological axes of the Korean Peninsula by prescribing such matters as the establishment, management entity, conservation duties, etc., of ecological axes; to prevent damages to or reduction of natural assets caused by development projects by prescribing the duties of the State, etc. to formulate and implement measures to manage the total volume of natural assets in development project areas, urban areas, and other specified areas; to ensure the fairness of imposition of the Cooperation Charge for Ecosystem Conservation by deleting the area criteria requiring the said charge to be imposed on any project of not less than 30,000 square meters that is subject to small-scale or strategic environmental impact assessment; to streamline the imposition method by introducing regional coefficients that reflect ecological value; and to strengthen the investigation system for ecological corridors, thereby addressing and improving upon a number of weaknesses that have emerged from the operation of the current system.

(2) Major Provisions

A. Newly insert a definition of “natural assets” and clarify its relationship with natural resources (Article 2, subparagraphs 15 and 16)

Define “natural assets” as all living creatures and inanimate things, whether material or immaterial, in their natural condition, and define “natural resources” as the assessed value of all natural assets.

B. Prescribe additional duties for the State, local governments, and enterprisers (Article 4, subparagraph 4)

Prescribe a duty to formulate and implement measures to manage the total volume of natural assets within development project areas and specified areas to minimize damage to natural assets caused by development and to create a sustainable natural environment

C. Clarify the obligations to establish, conserve, and restore ecological axes (Article 7-2, Article 7-3)

Establish a control system for ecological axes at each level of the national-provincial-regional hierarchy. Require the Minister of Environment to establish ecological axes at the national level, and the heads of local governments at the provincial and regional levels given local conditions. Prescribe that the Minister of Environment shall investigate and assess provincial and regional ecological axes and, where a region is found to be in need of restoration, shall request the head of the local government to carry out the restoration or take other actions; and that the request shall be fulfilled unless under special circumstances

D. Manage the total volume of natural assets (Article 29-2)

Prescribe that where an authorization, permission, etc., is to be issued for a development project, etc., subject to a strategic environmental impact assessment, environmental impact assessment, or small-scale environmental impact assessment pursuant to the Environmental Impact Assessment Act, the total volume of natural assets shall be calculated and assessed, and a corresponding management plan shall be included in the content of assessment consultation and discussed with the head of the consulting agency

E. Strengthen control over the installation of ecological corridors (Article 45, Article 45-2)

Require any person who intends to install an ecological corridor to discuss the appropriateness of the location of the ecological corridor, facility size, etc., with the Minister of Environment, making any ecological corridor installed in accordance with Article 45 (2) of the Act subject to the standards for installation set forth in the Enforcement Decree, and require the Ministry of Environment to conduct all investigations of ecological corridors for which 3 years have elapsed since they were created, thereby improving the efficiency of control

F. Streamline the Cooperation Charge for Ecosystem Conservation (Articles 46 through 48)

Increase the scope of the Charge to cover all projects instead of only those projects of not less than 30,000 square meters that are subject to strategic or small-scale environmental impact assessment; reflect ecological value in regional coefficients such that the Charge may be imposed on a progressive scale even within the same special-purpose area; and, instead of imposing an additional due for late payments regardless of the number of days overdue, improve the provision such that the additional due shall be in proportion to the number of days overdue within a limit of 3 percent.

(3) Amendment Details

Partial Amendment to the Natural Environment Conservation Act

Partially amend the Natural Environment Conservation Act as follows.
Change Article 2, subparagraphs 15 through 18 to subparagraphs 16 through 19, respectively, and newly insert subparagraph 15 as follows.
  15. The term “natural assets” means all living creatures and inanimate things, whether material or immaterial, in their natural condition.
In Article 2, subparagraph 16 (formerly subparagraph 15), change “이라 함은” to “이란”, and change “all living creatures and inanimate things in their natural condition that have material or immaterial value” to “the assessed value of all natural assets.”
In Article 4 (1), change subparagraphs 4 through 9 to subparagraphs 5 to 10, respectively, and newly insert subparagraph 4 as follows.
  4. Formulation and implementation of measures to manage the total volume of natural assets within development project areas and specified areas so as to minimize damage to natural assets caused by development and create a sustainable natural environment;
Newly insert Articles 7-2, 7-3, and 29-2 as follows.
Article 7-2 (Establishment of Ecological Axes) ① The Minister of Environment shall, through discussions with the heads of the relevant central administrative agencies, establish and announce a national ecological axis that provides the framework for ecological axes inside the national territory.
  ② Mayors and Do Governors shall establish provincial ecological axes networked with the national ecological axis pursuant to paragraph 1. In such cases, the exact spatial scope shall be determined through discussions with the Minister of Environment and the Mayors and Do Governors of adjacent provinces.
  ③ Heads of Si/Gun/Gu shall establish regional ecological axes networked with the provincial ecological axes pursuant to paragraph 2. In such cases, the exact spatial scope shall be determined through discussions with the Mayor or Do Governor and the heads of adjacent Si/Gun/Gu areas.
  ④ The Minister of Environment may request a Mayor, Do Governor, or head of Si/Gun/Gu to establish a provincial or regional ecological axis for regions in need in terms of such factors as connectivity to the national ecological axis. In such cases, the Mayor, Do Governor, or head of Si/Gun/Gu shall comply with the request unless under special circumstances.
  ⑤ The necessary matters concerning the establishment of ecological axes in accordance with paragraphs 1 through 3 shall be as prescribed by an Ordinance of the Ministry of Environment.
Article 7-3 (Conservation and Restoration of Ecological Axes) ① Heads of the relevant central administrative agencies and local governments shall prioritize efforts to conserve ecological axes and restore damaged ecological axes.
  ② The Minister of Environment shall investigate and assess provincial and regional ecological axes and, where a region is found to be in need of restoration, shall request the Mayor, Do Governor, or head of the Si/Gun/Gu to carry out the restoration or take other such action. In such cases, the Mayor, Do Governor, or head of Si/Gun/Gu shall comply with the request unless under special circumstances.
  ③ The necessary matters concerning investigations and assessments pursuant to paragraph 2 shall be as prescribed by an Ordinance of the Ministry of Environment.
  ④ Heads of local governments may prescribe the necessary matters concerning the conservation and restoration of ecological axes in a municipal ordinance.
  ⑤ The Minister of Environment may prepare guidelines necessary for the conservation and restoration of ecological axes, and notify the heads of the relevant administrative agencies and local governments.
Article 29-2 (Total Volume Management of Natural Assets) ① Where the head of a relevant administrative agency or local government intends to give authorization or permission for a plan subject to strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act, a project subject to environmental impact assessment under Article 22 of the same Act, or a development project that is subject to small-scale environmental impact assessment under Article 43 of the same Act, he or she shall calculate and assess the total volume of natural assets for their continuation and perpetuation, and discuss a corresponding management plan with the Minister of Environment or head of the local environmental management office by including it in the discussion of the strategic environmental impact assessment, environmental impact assessment, or small-scale environmental impact assessment.
  ② The calculation method, assessment items, procedures, and other specific matters concerning the total volume of natural assets pursuant to paragraph 1 shall be as prescribed by Presidential Decree.
Newly insert the latter part of Article 34-2, paragraph 4 as follows.
  Where a submitted urban ecological map is deemed by the Minister of Environment to be non-compliant with the drawing methods, etc., pursuant to paragraph 6, he or she may request a correction or supplementation from the head of the local government that prepared the map.
Change Article 45, paragraph 4 to paragraph 5, and newly insert paragraph 4 as follows.
  ④ A person who intends to install an ecological corridor in accordance with paragraph 1 and the latter part of paragraph 2 shall discuss the appropriateness of the location of the ecological corridor, facility size, etc., with the Minister of Environment; provided that this shall exclude cases that have undergone an environmental impact assessment pursuant to Article 2, subparagraph 4 of the Environmental Impact Assessment Act.
In Article 45, paragraph 5 (formerly paragraph 4), change “paragraph 1” to “paragraphs 1 and 2.”
Change Article 45-2, paragraphs 2 and 3 to paragraphs 3 and 4, respectively, and newly insert paragraph 2 as follows.
  ② The Minister of Environment shall formulate an ecological corridor investigation plan and conduct investigations of facilities for which an investigation has been completed in accordance with paragraph 1.
In the first sentence of Article 45-2, paragraph 4 (formerly paragraph 3), change “materials referred to in paragraph 2” to “results of the investigation referred to in paragraph 2 and materials specified in the subparagraphs of paragraph 3,” and newly insert paragraph 5 as follows.
  ⑤ Where an ecological corridor installed in accordance with Article 45, paragraph 1 and the latter part of paragraph 2 has lost its function due to a change in circumstances, etc., the investigations specified in paragraphs 1 and 2 may not be conducted.
In Article 46 (2) 1, change “with a development area of at least 30,000 square meters prescribed by Presidential Decree” to “prescribed by Presidential Decree”; in subparagraph 2 of the same paragraph, change “환경영향평가대상사업” to “환경영향평가 대상사업”; in subparagraph 4 of the same paragraph, change “project subject to small-scale environmental impact assessment referred to in Article 43 of the Environmental Impact Assessment Act the development area of which is at least 30,000 square meters” to “project subject to small-scale environmental impact assessment referred to in Article 43 of the Environmental Impact Assessment Act”; in the main sentence of paragraph 3 of the same Article, change “Cooperation Charge for the Ecosystem Conservation referred to in paragraph 1” to “Cooperation Charge for Ecosystem Conservation” and change “regional coefficient” to “regional coefficient reflecting ecological value”; in paragraph 4 of the same Article, change “Cooperation Charge for the Ecosystem Conservation referred to in paragraph 1 and the additional dues referred to in Article 48 (1)” to “Cooperation Charge for Ecosystem Conservation and the additional dues referred to in Article 48 (1) (hereinafter “additional dues”)”; in the first sentence of paragraph 5 of the same Article, change “pursuant to Article 61 (1)” to “in accordance with Article 61 (1)” and change “가산금중” to “가산금 중”; and in the first sentence of paragraph 6 of the same Article, change “regional coefficients” to “regional coefficients reflecting ecological value” and in the latter part of the same paragraph, change “and the regional coefficient” to “ecological value shall be based on the ecological and natural map classification pursuant to Article 34, and the regional coefficient.”
In the first sentence of Article 48 (1), change “pursuant to Article 46” to “in accordance with Article 46,” and change the latter part of the same paragraph as follows.
  In such cases, an additional due corresponding to the period from the day following the payment deadline to the day before the date of payment shall be imposed within a limit of 3 percent of the amount of the Cooperation Charge for Ecosystem Conservation in arrears; and the rate of the additional due shall be as prescribed by Presidential Decree.
In Article 48 (2), change “pursuant to paragraph 1” to “in accordance with paragraph 1.”
Newly insert Article 48-2 as follows.
Article 48-2 (Write-off of Cooperation Charge for Ecosystem Conservation) Where a payer in arrears falls under any one of the following, the Minister of Environment may write off his or her Cooperation Charge for Ecosystem Conservation; provided that in the cases of subparagraphs of 1, 3, and 4, where any seizable property is found after the Charge has been written off, the write-off shall be canceled immediately and treated as a default.
  1. Where the default period has expired and the amount of distributions appropriated to the amount in arrears falls short thereof;
  2. Where the right to collect the Cooperative Charge for Ecosystem Conservation has become extinct by prescription;
  3. Where the estimated value of total assets seizable on default does not have a positive balance after making up for the cost of the default;
  4. Where the payer in arrears has died, is missing, or the Charge is deemed otherwise uncollectible due to reasons specified by Presidential Decree.
Addenda
Article 1 (Enforcement Date) This Decree shall enter into force as of the date 6 months after promulgation; provided that the amended provisions of Articles 7-2; Article 7-3; Article 46, paragraphs 2, 3, and 6; Article 46-2; Article 47; Article 48, paragraph 1; and Article 48-2, subparagraph 4 shall enter into force as of the date 1 year after promulgation, and the amended provisions of Article 29-2 shall enter into force as of January 1, 2021.
Article 2 (Applicable Cases concerning Compulsory Collection of the Cooperative Charge for Ecosystem Conservation) The amended provisions of Article 48 (1) shall apply to individuals for whom 30 days have not elapsed since the payment deadline at the time of enforcement of this Act.
Article 3 (Transitional Measures concerning the Imposition and Payment of the Cooperative Charge for Ecosystem Conservation) Notwithstanding the amended provisions of Article 46, paragraphs 2, 3, and 6; Article 46-2; and Article 47; where an application for an authorization, permission, etc. has been filed for a project prior to the enforcement of this Act, the former provisions shall apply.