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  • [환경] Partial Amendment to the Enforcement Decree of the Environmental Impact Assessment Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2019-07-11
    • Opinion Submission Deadline : 2019-08-20


(1) Reasons for Proposal
This amendment is to improve and complement a number of weaknesses that have emerged in the operation of the current system like below:
In the past, if new pollutants had been discharged after consultation with an environmental impact assessment, the case would be the object of an amendment consultation, that is, it should have heard the opinions of the Minister of Environment regardless of the concentration of the pollutant, whereas, in the future, such case shall hear the opinions of the Minister of the Environment when the concentration discharged is more than 30%; the starting date of mandatory employment of an environmental impact assessor among the technical personnel that Class-I environmental impact assessment business shall hire is suspended from January 1, 2020 to July 1, 2022; and the deliberation of the Environmental Impact Assessment Council and the review of the falsity or inadequateness review expert committee during the notification period of the contents of the consultation is not included in the notification period.

 

(2) Major Provisions
A. Provide grounds for omitting the deliberation of the Environmental Impact Assessment Council when determining the falsity or inadequateness of an environmental impact assessment report, etc. (Article 3, subparagraph 2) The amendment allows omitting the deliberation when a project implementer or an environmental impact assessment agent acknowledges the false or inadequate preparation of an environmental impact report, etc., and when an environmental impact report, etc., are revealed to be false or inadequate by a review by the falsity or inadequateness review expert committee or objective data.
B. Add non-including period during notification period of the contents of the consultation (Article 25, Article 50, and Article 62 (2))
The period consumed for the deliberation of the Environmental Impact Assessment Council under subparagraph 2 of Article 3 and the review of the falsity or inadequateness review expert committee under paragraph 1 of Article 6-3 shall not be included in the notification period of the contents of the consultation.
C. Adjust the object of an environmental impact assessment amendment consultation, which should hear the opinions of the Minister of Environment (Article 55)
In the past, if new pollutants had been discharged after consultation with an environmental impact assessment, the case would be the object of an amendment consultation, that is, it should have heard the opinions of the Minister of Environment regardless of the concentration of the pollutant, whereas, in the future, such case shall hear the opinions of the Minister of the Environment when the concentration discharged is more than 30%.
D. Complement the object of a small-scale environmental impact assessment amendment consultation, which should hear the opinions of the Minister of Environment (Article 63-2)
Among reasons for amendment consultation which should hear the opinions of the Minister of Environment after the consultation of a small-scale environmental impact assessment, if a case is that the increased area is at least the area subject to a small-scale environmental impact assessment, it is included in the objects of amendment consultation.
E. Suspend the starting date of mandatory employment of an environmental impact assessor by Class-I environmental impact assessment business (attached Table 5)
The starting date of mandatory employment of an environmental impact assessor among the technical personnel that Class-I environmental impact assessment business shall hire is changed from the current January 1, 2020 to July 1, 2022.


Regulatory effect assessment
  • (규제영향분석서) 환경영향평가법 시행령 - 소규모 환경영향평가 변경협의.hwp [download]
Legislative proposal (draft)
  • (입법예고안) 환경영향평가법 시행령 일부개정령안.hwp [download]