(1) Reasons for Proposal

The Environmental Impact Assessment Act was amended (promulgated by Act No. 15106, Nov. 28, 2017 and promulgated by Act. No. 15662, Jun. 12, 2018). Accordingly, this Amendment aims to determine matters legally delegated and things necessary for the enforcement thereof such as the imposition of a penalty surcharge, consultations on an amendment to small-scale environment impact assessment, imposition of an administrative fine, and disclosure of findings of follow-up survey of environmental impact and a notice of commencement of a project and to form the False and Poor Assessment Review-Specialized Committee under the jurisdiction of the Environmental Impact Assessment Council to enhance the objectivity and expertise of environment impact assessment reports, thereby resolving some inadequacies arising in the process of operating the current system.

(2) Major Provisions

A. Supplement matters subject to deliberation by the Environmental Impact Assessment Council (Article 3)

Supplement matters subject to deliberation by the Environmental Impact Assessment Council by adding matters concerning false or poor review on assessments

B. Prepare grounds for forming the False and Poor Assessment Review-Specialized Committee under the jurisdiction of the Environmental Impact Assessment Council (Article 4-2)

Prescribe matters with regard to forming and operating the False and Poor Assessment Review-Specialized Committee to intensively deliberate the judgment of false and poor preparation of environmental impact assessment reports

C. Disclose the review on findings of follow-up surveys of environmental impact (Article 55-2)

Require the Minister of Environment, upon completion of the review on findings of follow-up survey of environmental impacts, to post them on the information support system for environmental impact assessment within seven (7) days

D. Disclose content of a notice of commencement of a project (Article 55-4)

Require the head of the approving agency, upon receipt of a notice of commencement, etc., of a project, to post the content on the information and communication network of a Si, Gun or Gu having jurisdiction over an area subject to environmental impact assessment within seven (7) days

E. Prescribe guidelines for imposing a penalty surcharge (Article 56-2 and attached Table 3-2)

Prescribe guidelines for imposing a penalty surcharge, which is within the range of three (3) percent of or less than the total construction cost, based on the type and extent of an offense in lieu of restoration to the original state

F. Specify grounds for consultation on changes in small-scale environment impact assessment reports (Article 63-2)

Prescribe grounds for consultation on changes in small-scale environment impact assessment reports in cases where the guidelines for consultations are amended, or where the scale of a project increases by at least 30 percent from the original scale which has been reflected in the agreed terms and conditions

G. Prescribe guidelines for imposing an administrative fine (Article 78, attached Table 10)

Prescribe guidelines for imposing an administrative fine by the number of violations of an order to take corrective measures

(3) Amendment Details
Partial Amendment to the Enforcement Decree of the Environmental Impact Assessment Act

Partially amend the Enforcement Decree of the Environment Impact Assessment as follows:
Change Article 3, paragraph (2) to Article 3, paragraph (3) and newly insert paragraph (2) in the same Article as follows:
  2. Matters concerning the judgment of false and poor preparation of environmental impact assessment reports, etc., under Article 53, paragraph (5), subparagraph 2 or Article 56, paragraph 1, subparagraph 2 of the Act;
Newly insert Article 4-2 as follows:
Article 4-2 (Specialized Committee Under Jurisdiction of Environmental Impact Assessment Council) (1) The head of the consulting agency prescribed in Article 4, paragraph (1) may form the False and Poor Assessment Review-Specialized Committee (hereinafter referred to as the “False and Poor Assessment Review Committee”) under the jurisdiction of the Environmental Impact Assessment Council to intensively deliberate matters concerning Article 3, paragraph (2).
  (2) The False and Poor Assessment Review-Specialized Committee formed under paragraph (1) shall be composed of around ten (10) committee members including one (1) chairperson.
  (3) The False and Poor Assessment Review-Specialized Committee members shall be appointed or commissioned by the head of the consulting agency from among persons falling under any of the following subparagraphs, and the chairperson shall be designated by the head of the consulting agency from the members falling under the following subparagraph b or c.
    a. Officials of grade 5 or higher, or grade equivalent thereto in the central administrative agency involved in environmental impact assessment affairs;
    b. Private experts who have abundant knowledge and experience in laws, administrative dispositions and environmental impact assessment; and
    c. Executives and employees of environment-related associations, organizations, public corporations and research institutes.
  (4) The False and Poor Assessment Review-Specialized Committee shall have one (1) administrative secretary for its effective operation, who is appointed by the head of the consulting agency, from among officials in charge of environmental impact assessment.
  (5) Matters that have been deliberated by the False and Poor Assessment Review-Specialized Committee shall be deemed to have been deliberated by the Environmental Impact Assessment Council.
  (6) A quorum of the meeting of the False and Poor Assessment Review-Specialized Committee shall duly be constituted with the attendance of a majority of its members under paragraph 2 and resolutions shall be adopted by affirmative votes of a majority of the members present at the meeting.
  (7) Article 5, paragraph (4), Article 6 and Article 6-2 shall apply mutatis mutandis to matters concerning the payment of allowances and travel expenses, and matters concerning exclusion, challenge, abstention, withdrawal of designation, removal, dismissal of members, other than matters referred to in paragraphs (1) through (6).
Amend the phrase “a period during which ....amends ... and holidays” in the latter part of Article 9 to read “a period during which ...amends ..., holidays and Saturdays”
Amend the phrase “area subject to ...” in Article 12 paragraph (1), subparagraph 2 to read “area subject to strategic environmental impact assessments under the master development plan (hereinafter referred to as the “area subject to assessment under ...”), amend the phrase “area subject to ...” in the same paragraph, subparagraph 3 and the same Article, paragraph (2), subparagraphs 3 through 5 to read “area subject to assessment under ...,” and newly insert the following in the latter part of the same Article, paragraph 3
  In this case, holidays and Saturdays shall be excluded from the notice period.
Amend the phrase “area subject to ...” in the former part of Article 13 other than subparagraphs to read “area subject to assessment under ...,” amend “holidays” in the latter part of the same paragraph other than subparagraphs to read “holidays and Saturdays,” amend the phrase “area subject to ...” in the same Article, paragraph (2), subparagraph 1 to read “area subject to assessment under ...,” amend the phrase “area subject to ...” in the same Article, paragraph to read “area subject to assessment under ...,” and amend the phrase “area subject to ...” to read “a Si, Gun or Gu with jurisdiction over an area subject to assessment under ..., respectively”
Amend the phrase “area subject to ...” in the main sentence of Article 15, paragraph (2) to read “area subject to assessment under ...”
Amend the phrase “area subject to ...” in the Article 16, paragraph 4 to read “area subject to assessment under ...”
Amend the phrase “area subject to ...” in Article 18 paragraph (2), subparagraph 1, item (b) and the same Article, paragraph (3) to read “area subject to assessments under ..., respectively”
Amend the phrase “area subject to ...” in the Article 18 to read “area subject to assessment under ...”
Amend the phrase “a period during which ... amends .... and holidays” in the latter part of Article 25 to read “a period during which ... amends ...., holidays and Saturdays”
Amend the phrase “a period during which ... amends ... and holidays” in the latter part of Article 32, paragraph (2) to read “a period during which ... amends ..., holidays and Saturdays”
Amend the phrase “holidays” in the latter part of Article 36, paragraph (1) other than subparagraphs to read “holidays and Saturdays”
Newly insert the latter part of Article 38, paragraph (2) as follows:
  In this case, holidays and Saturdays shall be excluded from the notice period.
Amend the phrase “sewage treatment plant” in Article 45, paragraphs (3) to read “public sewage treatment plant”
Amend the phrase “a period during which ... amends ... and holidays” in the latter part of Article 50 to read “a period during which ... amends ..., holidays and Saturdays”
Amend the phrase “a period during which ... amends ... and holidays” in the latter part of Article 53 to read “a period during which ... amends ..., holidays and Saturdays”
Change Article 55-2 to Article 55-3 and newly insert Article 55-2, Article 55-4 and Article 56-2, respectively as follows:
Article 55-2 (Disclosure of Review on Findings of Follow-up Environmental Impact Assessment) The phrase "the method specified by Presidential Decree" in Article 36, paragraph (3) of the Act means posting the review on findings of follow-up surveys of environmental impact on the information support system for environmental impact assessment, etc. prescribed in Article 70 paragraph (3). In this case, the Minister of Environment shall complete the review on findings of follow-up surveys of environmental impact and measures against the findings and post the review within seven (7) days.
Article 55-4 (Disclosure of Notice of Commencement etc. of a Project) The phrase "the method specified by Presidential Decree" in Article 37, paragraph (2) of the Act means posting the contents of the notice of commencement of a project on the information and communication network and official gazette of a Si, Gun or Gu having jurisdiction over the area subject to assessment. In this case, the head of the consulting agency shall post the contents within seven (7) days after being informed thereof in cooperation with the head of a Si, Gun or Gu having jurisdiction over the area subject to assessments.
Article 56-2 (Guidelines for Imposition of Penalty Surcharges) The guidelines for imposing a penalty surcharge based on the type and extent of an offense in violation of Article 40-2, paragraph (2) shall be as shown in attached Table 3-2.
Amend the phrase “a period during which ... amends ... and holidays” in Article 62, paragraph (2) to read “a period during which ... amends ..., holidays and Saturdays”
Newly insert Article 63-2 as follows:
Article 63-2 (Consultations on Amendment of Small-Scale Environmental Impact Assessment Reports) (1) The phrase “circumstances specified by Presidential Decree” referred to in Article 46-2, paragraph (1) of the Act means a case falling under any of the following subparagraphs:
  1. Where the guidelines for consultations are amended;
  2. Where the scale of a project is increased by at least 30 percent from the original scale  reflected in the agreed terms and conditions under Article 45 paragraph (1) of the Act (including where the scale increased by accumulated changes is at least 30 percent of the scale  reflected in the agreed terms and conditions under Article 45, paragraph (1) of the Act and the terms and conditions agreed by consultation on an amendment under Article 46-2, paragraph (1) of the Act);
  3. Where a land use plan is amended with respect to at least 30 percent of the area of the building site included in the agreed terms and conditions under Article 45, paragraph (1) of the Act (referring to the whole area of the building site reflected in the final consultation, where a project has undergone consultation on an amendment under Article 46-2, paragraph (1) of the Act). If a land use plan has been amended multiple times with respect to less than 30 percent of the area of the building site finally determined by the relevant consultation under Article 45, paragraph (1) of the Act, or consultation on an amendment under Article 46-2 paragraph (3) of the Act, the area amended by the land use plan shall be determined by accumulating the areas amended successively;
  4. Where a land use plan is amended with respect to at least five (5) percent of the area specified as the area that shall be conserved in its original state or that shall be excluded from the plan according to the agreed terms and conditions under Article 45, paragraph (1) of the Act, (including where the increase in the area to be developed by accumulated changes exceeds five (5) percent of the scale  reflected in the agreed terms and conditions under Article 45, paragraph (1) of the Act);
  5. Where a project fails to commence within at least five (5) years after approving or finalizing the project plan: Provided, that the foregoing shall not apply where the environmental condition of environs changes insignificantly during the period before the commencement of a project plan and the head of the approving agency consults with the Minister of Environment.
  (2) A person who intends to receive a review of a plan for environmental conservation in accordance with Article 46-2, paragraph (2) of the Act shall submit documents describing the following matters to the head of the approving agency:
  1. Details of the amendment to the project plan, etc.;
  2. Outcomes of the survey, forecasting, and assessment of the environmental impact ensuing from the amendment to the project plan, etc.; and
  3. Details of the plan for environmental conservation following the amendment to the project plan, etc.
  (3) When the head of the approving agency intends to seek an opinion in accordance with Article 4-26, paragraph (3) of the Act, he/she shall submit documents describing the matters referred to in paragraph (2) to the head of the consulting agency.
Amend the word “holidays” in the latter part of Article 67, paragraph (1) to read “holidays and Saturdays”
Amend the word “subcontract” in Article 68, paragraph (4) to read “re-entrust”
Amend subparagraph 1, item (d), 5) to read as follows:

5) Long-term comprehensive water resource plans under Article 17, paragraph (1) of the Act on the Investigation, Planning, and Management of Water Resources
When the Minister of Land, Infrastructure and Transport consults with the head of relevant central administrative agency under Article 17, paragraph (3) of the Act on the Investigation, Planning, and Management of Water Resources

Amend the phrase “Article 7, paragraph (1) of the Act on the Promotion of Saving and Recycling of Resources” in 3) in the cell titled “Type of master development project” in subparagraph 2, item (o) of attached Table 2 to read “Article 11, paragraph (1) of the Framework Act on Resources Circulation,” amend the phrase “Article 7, paragraph (1) of the Act on the Promotion of Saving and Recycling of Resources” in the cell titled “Time to request consultations” in the same item (o) to read “Article 11, paragraph (1) of the Framework Act on Resources Circulation,” amend the phrase “with the head of ... and a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor” in the cell titled “Time to request consultation” in the same item (o) to read “with the head of ...,” and amend the phrase “other ... from among the plans that do not fall under attached Table 2” in the former part of 1) in the cell titled “Remarks” of the same subparagraph to read “other ...”
Amend the phrase “Article 16 of the Housing Act” in the cell titled “Type and scope of projects subject to environmental impact assessment” in subparagraph 1, item (d) of attached Table 3 to read “Article 15 of the Housing Act,” amend the phrase “Article 16 of the Housing Act” in the cell titled “The time to request consultations” in the same item to read “Article 15 of the Housing Act,” amend the phrase “Article 2 subparagraph 3, item (a) of the Special Act on Construction, etc. of Public Housing” in item (e) in the cell titled “Type and scope of projects subject to environmental impact assessment” in the same subparagraph to read “Article 2, subparagraph 3, item (a) of the Special Act on Public Housing,” amend the phrase “Article 17 of the Special Act on Construction, etc. of Public Housing” in the cell titled “Time to request consultations” in the same item to read “Article 17 of the Special Act of Public Housing,” amend the word “before ...” in the cell titled “Time to request consultations” in subparagraph 3, item (g) of the same Table to read “before ... or before permission of building storage facilities under Article 8 of the Safety Control and Business of Liquefied Petroleum Gas Act,” amend the phrase “Article 2, paragraph (2), subparagraph 1, items (b) and (f) of the Enforcement Decree of the National Land Planning and Utilization” in 1) in the cell titled “Type and scope of projects subject to Environmental Impact Assessment” of subparagraph 5 of the same attached Table to read “Article 2, paragraph (2), subparagraph 1, items (b) and (g) of the Enforcement Decree of the National Land Planning and Utilization,” amend the word “before ...” in a) in the cell titled “Time to request consultations” of subparagraph 15, item (a) of the same Table to read “before ... or before permission for amendment under Article 25, paragraph (11) of the Act,” amend the phrase “100m3” in the main sentence of item (b) in the cell titled “Type and scope of projects subject to Environmental Impact Assessment” in the same subparagraph to read “100 tons,” amend the phrase “time to submit an assessment report or ...” in subparagraph 2 in the cell titled “Remarks” of the same Table to read “...,” and amend “subparagraph 5, item 3)” in 3), subparagraph 7 of the same Table to subparagraph 5
Newly insert attached Table 3-2 as per the attachment
Amend the phrase “among the areas” in the former part of subparagraph 7 in the cell titled “Remarks” of attached Table 4 to read “among the areas (excluding item (a)),” amend the phrase “an area approved (including an area on which consultation on small-scale environmental impact assessment have been held)” in the main sentence of subparagraph 11 in the same cell to read “an area approved as a scale not subject to small-scale environmental impact assessment,” amend the word “amendment” in the same provision to read “additional approval or amendment.” and amend the phrase “lot (only falling under the case where a lot before being split includes the lot for which a project implementer obtained approval, etc.)” other than item (c), each subparagraph of the same attached Table to read “lot”.
Amend the phrase “intends to subcontract” in subcontract 3, item (a) 2) c) of attached Table 5 to read “intends to re-entrust”.
Newly insert attached Table 10 as per the attachment.

Addenda

This Enforcement Decree shall enter into force on November 29, 2018: Provided, that the amended provisions of Article 55-2 and Article 55-4 shall enter into force on December 13, 2018.