<unofficially translated>

WETLAND CONSERVATION ACT



REPUBLIC OF KOREA

ACT No. 5866, FEB. 8, 1999


 
 


CHARTER 1

GENERAL PROVISION



Article 1 (Purpose)

The purpose of this Act is to conserve wetland and its biological diversity by prescribing basic matters on efficient conservation and management, and to contribute international cooperation by reflecting the purpose of international convention on Wetlands.
 
  Article 2 (Definition)

For the purpose of this Act,

1. The term "wetland" means the area covered permanently or temporary with fresh water, blackish water or salt water. It includes inland wetland and coastal wetland.

2. The term "inland wetland" means the one located at land or island, such as lake, marsh, and estuary, etc.

3. The term "coastal wetland" means the area located between high tide water line and low tide water line.

4. The term "damage of wetland" means to make change in original form of wetland by drainage, reclamation or dredging.
 
 

 Article 3 (Responsibility of Conserving Wetland) (1) The State shall be responsible for conserving wetland.

(2) The Minister of Environment generalizes the matters on survey of wetland and the establishment of basic plans for conservation of wetland under the provisions of Article 4 and Article 5.

(3) The Minister of Environment shall formulate and implement planning related with designation and conservation of wetland protected area, wetland circumference management area, wetland improvement area (hereinafter referred to as the "wetland protected area, etc.") involving inland wetland, whereas The Minister of Maritime Affairs and Fisheries shall do that involving coastal wetland.

(4) The Special Metropolitan City Mayor, Metropolitan City Mayor or Do governors (hereinafter referred to as "Mayor/Do governor") shall cooperate in implementation of planning under the provisions of paragraph (3).
 
 

 Article 4 (Survey of Wetland) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries shall conduct a basic survey of wetland on the state of ecosystem and pollution, socioeconomic situation such as the state of utilization of land every 5 years.

(2) Where he deems it necessary in order to conserve and improve wetland and to implement the Convention on Wetland of International Importance Especially as a Waterfowl Habitat (hereinafter referred to as "Convention"), the Minister of Environment or the Minister of Maritime Affairs and Fisheries may make In-depth survey of the wetland concerned besides of a basic survey under the provisions of paragraph (1).

(3) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may make supplemental surveys of areas in which conspicuous changes are made in condition of wetland from among areas subject to a basic survey under the provisions of paragraph (1).
 
 

 Article 5 (Formulation of Basic Plans for Conservation of Wetland) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries shall draw up the draft plans for conservation of wetland (hereinafter referred to as "DPCW") every 5 years, based on surveys of wetland under the provisions of Article 4 and Article 5(hereinafter referred to as "survey of wetland)"), and the Minister of Environment shall draw up the basic plans for conservation of wetland (hereinafter referred to as "BPCW") through consultation with the Minister of Maritime Affairs and Fisheries, based on DPCW. In this case, the plans related with conservation of wetland formulated under the provisions of any other act shall be considered as much as possible.

(2) The matters falling under each of the following subparagraphs shall be contained in the BPCW:

1. The direction of plans regarding conservation of wetland

2. The matter concerning survey of wetland

3. The matter concerning distribution and extent of wetland, and the state of biological diversity

4. The matter concerning coordination with other national basic plans related with wetland

5. The matter concerning international cooperation for conservation of wetland

6. Other matters on conservation of wetland, as prescribed by the Presidential Decree

 (3) The Minister of Environment or the Minister of Maritime Affairs and Fisheries shall draw up or amend DPCW or BPCW through consultation with the head of the competent central administrative agency. And he may request the related data to the head of the competent central administrative agency and Mayor/Do governor, if he deems it necessary for formulation or its amendment of DPCW or BPCW.

(4) Where the Minister of Environment draws up or amends BPCW, he shall give notice of that fact to the head of the competent central administrative agency and Mayor/Do governor.

(5) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may request the head of the competent central administrative agency and Mayor/Do governor to take necessary measures if he deems necessary for implementation of BPCW. In this case, the latter shall do so without any special reason.

(6) Other matters related with formulation of DCPW and BPCW shall be as prescribed by the Presidential Decree.
 
 

 Article 6 (Survey Personnel of Wetland) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries, if necessary for the performance of survey of wetland, may commission wetland survey personnel during period of survey (hereinafter referred to as "survey personnel").

(2) Qualifications or commission procedures for survey personnel and other necessary matters shall be as prescribed by the Ordinance of the Ministry of Environment and the Ministry of Maritime Affairs and Fisheries (hereinafter referred to as "Joint Ordinance").
 
 

 Article 7 (Entry, etc. into Land owned by Other Persons) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may authorize public officials or survey personnel under his control to enter lands owned by other persons or to alter or remove trees, soils, rocks, or other obstacles, if necessary to conduct survey of wetland.

(2) A person wishing to enter lands owned by other persons or to alter or remove obstacles in accordance with paragraph (1) shall notify the owner, possessor, or manager of the lands (hereinafter referred to as "owner, etc.").

(3) From sunset until sunrise public officials or survey personnel may not enter lands owned by other persons without owner, est.’s permission.

(4) The owner, etc. may not refuse, interrupt or avoid surveying practices pursuant to paragraph (1) without reasonable grounds.

(5) A person wishing to enter lands owned by other persons in accordance with paragraph (1) shall show credentials indicating his authority to interested persons, as prescribed by Joint Ordinance.

 
CHARTER 2

CONSERVATION AND MANAGEMENT OF WETLAND


 
 

Article 8 (Designation of Wetland Area)

(1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may designate the areas valuable enough to conserve among which fall under each of the following subparagraphs as wetland protected area, and do its circumference area as wetland circumference management area. 1. Areas whose natural surroundings have indigenous characteristics, or which are abundant of biological diversity

2. Areas where rare or endangered wild fauna and flora inhabit or migrate

3. Areas which have unique scenic views, geographical or geological value

 (2) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may designate the areas which fall under each of the following subparagraphs among wetland as wetland improvement area. 1. Areas where the damage and harmness to wetland is deepened or threatened deepening among wetland protected areas

2. Areas which are valuable to improve by artificial management, and do its circumference area as circumference management area

 (3) Where he designates wetland protected area, etc. under the provisions of paragraph (1) and paragraph (2), the Minister of Environment or the Minister of Maritime Affairs and Fisheries shall consult with the head of the competent central administrative agency, after obtaining views presented by Mayor/Do governor and residents in that area.

(4) The Minister of Environment or the Minister of Maritime Affairs and Fisheries shall give public notice on the title, location, extent of the area concerned, and other matters as prescribed by the Joint Ordinance.

(5) The matter necessary for the designation of wetland protected area, etc. shall be prescribed by the Presidential Decree.

  Article 9 (Fulfillment of Convention) Where the Government wishes to give notice of Ramsar site to the Convention Bureau in order to carry out the Convention, the Minister of Environment or the Minister of Maritime Affairs and Fisheries shall choose the above among wetland protected area or the wetland deserving to be designated wetland protected area through consultation with the head of the competent central administrative agency.
 
  Article 10 (Designation Removal or Changing of Wetland Protected Area) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may remove designation of wetland protected area or change extent of the area in the direction of reduction in a case of where is absolutely necessary for such military purposes or public interest as prescribed by the Presidential Decree, or where natural disasters or other causes have rendered wetland protected area valueless or unnecessary to conserve.

(2) The provisions of Article 8(3) through 8(5) shall apply mutatis mutandis to the matters of remove designation of wetland protected area, etc. under the provision of paragraph (1).
 
 

 Article 11 (Formulation and Implementation of the Plan for Conservation) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries shall draw up and implement the plan for conservation of wetland protected area, etc. (hereinafter referred to as "the plan for conservation") through consultation with the head of the competent central administrative agency.

(2) The plan for conservation shall contain the matters falling under each of the following subparagraphs.

1. The basic matter concerning conservation of wetland

2. The matter concerning installation of facilities for conservation of wetland

3. The matter concerning conservation, use and management of wetland

 (3) Necessary matters concerning formulation methods procedures of the plan for conservation shall be prescribed by the Presidential Decree.
 
  Article 12 (Facilities for Conservation of Wetland) (1) The Minister of Environment, the Minister of Maritime Affairs and Fisheries, the head of the competent central administrative agency, Mayor/Do governor may install the facilities falling under each of the following subparagraphs in spite of the provision of Article 13(1). 1. The facilities for protection of wetland

2. The facilities for research of wetland

3. The facilities which does not cause to disturb conservation of wetland, such as wooden bridge, facilities for education or public relation, facilities for proving information

 (2) In a case where Mayor/Do governor wishes to install the facilities under the provisions of each subparagraphs of paragraph (1) shall obtain approval from the Minister of Environment or the Minister of Maritime Affairs and Fisheries. Provided, That this shall not apply in cases where he installs the facilities under the provision of paragraph (1) by the plan of project under other acts and subordinate statutes.

(3) Necessary matters concerning use, operation, and management, etc. of the facilities under each subparagraphs of paragraph (1) shall be prescribed by the Presidential Decree.
 
 

 Article 13 (Restricted Practices) (1) No one may perform practices falling under each of the following subparagraphs within wetland protected area under the provision of Article 8(1)(hereinafter referred to as "wetland protected area"). Provided, That this shall not apply in cases where they are necessary to maintain or manage basic facilities for agricultural production under the provision of subparagraph 4 of Article 2 of Farming and Fishing Village Improvement Act, where the practices in subparagraph 1 through subparagraph 3-1 are done to use for agriculture, and where the practices in subparagraph 2 or 3 are done for emergency measures of disaster under the provision of Article 36 of Natural Disaster Measure Act. 1. Construction or expansion of building or other structures (limited to cases where the total building space is expanded two times or more than that of existing building) and alteration of form and materials of lands

2. Practices resulting decreasing or increasing water level or volume of wetland

3. Gathering of soils, sands, or rocks; or

4. The act of mining minerals

5. Artificial introduction, cultivation, hunting or capturing (cultivation, hunting or capturing for living or leisure which the residents of adjoining area continued to do more than the period as prescribed by the Joint Ordinance shall not apply)

 (2) No one may perform practices exposing or setting out the foreign fauna or flora harmful to ecosystem, which is designated and notified under the provision of subparagraph 18 of Article 2 of Natural Environment Conservation Act within wetland circumference management area or wetland improvement area.

(3) A person wishing to perform reclamation more than provided scale, reclaiming work on public waters and the practices which may be harmful to wetland conservation shall obtain approval from the Minister of Environment or the Minister of Maritime Affairs and Fisheries, and in cases that he is the head of the competent central administrative agency, he shall consult with the Minister of Environment or the Minister of Maritime Affairs and Fisheries.

(4) The practices needed approval or consultation under the provision of paragraph (3), the scale of work, Necessary matters, etc. shall be prescribed by the Presidential Decree.

(5) The provisions of paragraph (1) and (2) shall not apply to cases that a person may obtain the approval of the Minister of Environment or the Minister of Maritime Affairs and Fisheries (consultation, if he is the head of the competent central administrative agency) about the cases falling under each of the following subparagraphs.

1. Where they are necessary for practices or relief, etc. for precaution and recovery of disaster under the provision of Article 2 of Natural Disaster Measure Act

2. Where they are necessary for conservation of wetland or maintenance of agriculture, forestry, fishing within wetland protected area, etc.

3. Where they are necessary for public interest or military purposes, etc.
 
 

 Article 14 (Order for Discontinuance, etc.)

The Minister of Environment or the Minister of Maritime Affairs and Fisheries may order a person performing practices in violation of Article 13(1) within wetland protected area to discontinue them or to make restoration with a considerable period fixed: Where it is impossible to restore, that orders may be made to take equivalent measures.
 
 

Article 15 (Restriction of Entry)

(1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may restrict entry into an area for a limited period of time with respect to all or part of the area concerned, where he deems it necessary for the protection and management of an wetland protected area: Provided, That this shall not apply where entry is made for the performance of practices falling under each of the following subparagraphs. 1. Where the residents in the area concerned enter for the continuance of lifestyles of residents such as maintenance of agriculture, forestry, fishing, etc.

2. Where they enter for the work for conservation of wetland

3. Where they enter for military purposes

4. Where they enter for necessary measures on practices or relief etc. for precaution and recovery of disaster under the provision of Article 2 of Natural Disaster Measure Act

5. Where they enter for the performance of practices as prescribed by the Presidential Decree because they are not deemed to cause disturbances to the conservation and management of wetland protected area

 (2) Where the Minister of Environment or the Minister of Maritime Affairs and Fisheries wishes to restrict or prohibit entry in accordance with the provision of paragraph (1), he shall give public notice of the location and extent of the area concerned, the period during which entries are restricted or prohibited, and other matters as prescribed by Joint Ordinance.

(3) Where the Minister of Environment or the Minister of Maritime Affairs and Fisheries deems that the grounds on which entry is restricted or prohibited are removed, he shall lift, without delay, restriction or prohibition of entry, and give public notice of that fact.
 
 

 Article 16 (Relationship with Other Acts) (1) The State shall not make establishment of basic plan for reclamation under provision of article 3-2 of Public Waters Reclamation Act, permit on reclamation of public waters under provision of article 3-2 of the same Act within wetland protected area, unless they are prescribed by the Presidential Decree, being necessary for public interest or military purposes.
 
  Article 17 (Management of Damaged Wetland) (1) Where the State, local government or enterprisers damage the wetland which comes under the extent of more than the ratio as prescribed by the Presidential Decree within wetland protected area, the Government shall let the wetland remained which come under the extent of the ratio as prescribed by the Joint Ordinance.

(2) After the Government observes the contents of change in ecosystem of the wetland which is maintained under the provision of paragraph (1) during the period as prescribed by Joint Ordinance.
 
 

 Article 18 (Recommendation for Production·Management of Artificial Wetland) The Minister of Environment or the Minister of Maritime Affairs and Fisheries recommends the head of the competent central administrative agency or that of local government to create artificial wetland, and he shall maintain or conserve possibly the wetland which is made up naturally owing to variation of an ocean current or a sand dune around the damaged wetland.
 
 
 
 
CHARTER 3

SUPPLEMENT PROVISIONS



Article 19 (Reward Money)

The Minister of Environment or the Minister of Maritime Affairs and Fisheries may give a reward money to the person who report or prosecute the man who contravenes the provisions of Article 13(1) or 13(2) to the related office or the investigating authorities.
 
  Article 20 (Compensation for Loss) (1) The State shall compensate for the loss to the person suffering financial loss because of survey of wetland.

(2) The person wishing to receive the compensation under the provisions of paragraph (1) shall request for compensation before the Minister of Environment or the Minister of Maritime Affairs and Fisheries.

(3) Where a request is made in accordance with paragraph (2), the Minister of Environment or the Minister of Maritime Affairs and Fisheries shall make a determination on the amount of compensation for loss in consultation with the requesting person, and notify him of the amount.

(4) Unless consultation is successful in accordance with paragraph (3), the Minister of Environment, the Minister of Maritime Affairs and Fisheries or the requesting person may make a request for adjudication before the competent land expropriation committee.
 
 

 Article 21 (Delegation and Entrustment of Right) (1) Under the conditions as prescribed by the Presidential Decree, part of the right of the Minister of Environment or the Minister of Maritime Affairs and Fisheries, as stipulated in this Act, may be delegated to an organization under his jurisdiction or to the Mayor/Do-governor.

(2) Under the conditions as prescribed by the Presidential Decree, part of the right of the Minister of Environment or the Minister of Maritime Affairs and Fisheries, as stipulated in this Act, may be entrusted to the related specialized organization, or to the head of the competent central administrative agency.
 
 

 Article 22 (Report, Investigation, etc.) (1) The Minister of Environment or the Minister of Maritime Affairs and Fisheries may let the executer who works for damage or conservation·management of wetland make the needed report, or submit the data on possession·transaction·use or damage, and he may let the civil servant under control investigate that.

(2) The public officials making investigation in accordance with paragraph (1) shall show credentials indicating his authority to interested persons.

(3) Necessary matters concerning report, investigation, and credentials, etc. shall be prescribed by the Joint Ordinance.
 
 
 
 
CHARTER 4

PENAL PROVISIONS


 
 

Article 23 (Penal Provision)

A person who reclaims the wetland designated and notified as wetland protected area without permit of reclamation shall be punished by imprisonment for not more than three years, or by the fine not exceeding twenty million won.
 
  Article 24 (Penal Provision) A person falling under each of the following subparagraphs shall be punished by imprisonment for not more than two years, or by the fine not exceeding ten million won. 1. A person who contravenes the provisions of Article 13(1) or 13(2) (except the person who come under the provisions of Article 23)

2. A person who performs the work for filling up the sea and public waters reclamation, or danger and harmful practices without approval under the provision of Article 13(3)

3. A person who contravenes the orders of discontinuance·restoration or equivalent measures under the provisions of Article 14
 
 

 Article 25 (Penal Provision) A person who may not refuse, interrupt or avoid surveying practices without reasonable grounds in contravention of the provision of Article 7(4) shall be punished by imprisonment for not more than one year, or by the fine not exceeding five million won.
 
  Article 26 (Joint Penal Provision) Where a representative of a juridical person, an agent, servant or other employee of a juridical person or individual commits an offence as prescribed in Articles 23 through 25 in service of the juridical person or individual, the juridical person or individual shall be punished by a fine for negligence in addition to the punishment of the offender.
 
  Article 27 (Fine for Negligence) (1) A person falling under each of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won. 1. A person who enters areas into which restricted or prohibited entry in contravention of the provision of Article 15

2. A person who makes the report under the provision of Article 22(1) falsely or submits the false data

 (2) Fines for negligence under paragraph (1) shall be imposed or collected by the Minister of Environment or the Minister of Maritime Affairs and Fisheries (hereinafter referred to as the "the person who is authorized to make the disposition") under the conditions as prescribed by the Presidential Decree.

(3) A person who wishes to object to the disposition of a fine for negligence under paragraph (1) may raise objections before the person who is authorized to make the disposition within thirty days from the data of the receipt of notification of disposition.

(4) Where a person upon whom a fine for negligence was imposed under paragraph (1) has raised objections in accordance with paragraph (3), the person who is authorized to make the disposition shall give notice of that fact without delay to the competent court, and the notified court shall bring the case of fine for negligence to trial.

(5) Where objections are not made within the period of time referred to in paragraph (4) and fines for negligence are not paid, they shall be collected according to example of disposition on the national or local tax in arrears.


ADDENDA



Article 1 (Enforcement Date) This Act shall enter into force on August 9, 1999.

Article 2?Article 4: Omission