BUSAN METROPOLITAN CITY ORDINANCE ON THE PRESERVATION AND MANAGEMENT OF NAKDONG ESTUARIES
- Article 1 (Purpose)
- The purpose of this Ordinance is to provide for the principles for preserving the Nakdong estuary neighborhood (hereinafter referred to as the "estuaries") and necessary matters for the systematic preservation and management of the estuaries.
- Article 2 (Scope of Application)
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The scope of application of this Ordinance shall be the areas falling under each of the following subparagraphs, from among the estuaries located within the Busan Metropolitan City's districts:
- 1. Areas designated as No. 179 of the State-designated natural monument under Article 6 of the Protection of Cultural Properties Act;
- 2. Areas of ecosystem preservation designated under Article 18 of the Preservation of Natural Environment Act;
- 3. Areas of wetlands protection designated under Article 8 of the Conservation of Wetlands Act;
- 4. Areas of natural environment conservation designated under Article 6 of the Act on the Utilization and Management of the National Territory; and
- 5. Other areas deemed necessary for preserving the natural ecology of the estuaries.
- Article 3 (Responsibilities of Mayor, etc.)
- The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") and the head of a Gu and Gun shall formulate and implement the policies necessary for preserving the ecosystem of the estuaries and the diversity of wild animals and plants, and create the foundations so as to make citizens to voluntarily participate and maintain or preserve the beautiful natural sceneries.
- Article 4 (Responsibilities of Citizens) (1) The citizens shall endeavor to preserve the natural sceneries of estuaries, and cooperate positively with the policies for maintaining and preserving the ecosystem.
- (2) Where making the business activities, etc. in the estuaries, the ecosystem and natural sceneries shall not be damaged.
- Article 5 (Basic Principles for Preservation of Estuaries)
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The estuaries shall be preserved pursuant to the basic principles falling under each of the following subparagraphs:
- 1. Matters relating to the ecosystem of the estuaries shall be managed by unifying them;
- 2. Preservation and development of the estuaries shall be achieved wisely and in a possible continuity, by taking account of not only the present generation but also the future generations as well; and
- 3. Projects and plans relating to the estuaries shall be implemented in such way that the participation of citizens, specialists and citizens' organizations are achieved from the drafting stage to the implementation and ex post facto management.
- Article 6 (Establishment of Plan for Practice of Preservation of Estuaries) (1) The Mayor shall establish and carry out a plan for the practice of preservation of estuaries every five years.
- (2) The Mayor shall analyze and evaluate the promotion state of a plan for the practice of preservation of estuaries every year and take necessary measures such as the reflection of the results of such analysis and evaluation in project plans in the next year.
- Article 7 (Investigation on Changes of Ecosystem) (1) The Mayor shall make continuous investigation on the estuaries for the details of changes of ecosystem due to natural or artificial factors.
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(2) Investigation under paragraph (1) shall contain the following contents:
- 1. Current status of the arrival and habitation of migratory birds;
- 2. Current status of fishes and marsh creatures;
- 3. Distribution of plants and their growing;
- 4. Topography and geology relating to marshes; and
- 5. Other matters necessary for preserving the ecosystem.
- Article 8 (Consultation on Major Policies and Projects)
- When each office, bureau, business office, and Gu and Gun of Busan Metropolitan City intends to formulate and implement the policies or project plans relating to the preservation of the estuaries, and to grant authorization, permission and approval for the projects, it shall, in advance, consult with the bureau director in charge of environmental affairs.
- Article 9 (Establishment, etc. of Estuary Management Council) (1) The Nakdong estuary management council of Busan Metropolitan City (hereinafter referred to as "council“) may be established for the purpose of hearing the opinions on the management of the estuaries, of examining the related affairs, and of performing the specialized functions.
- (2) The council shall consist of less than 20 members including one chairman.
- (3) The chairman shall be the administrative vice-mayor, and the vice- chairman shall be elected from among the members.
- (4) The members shall be commissioned by the Mayor from among those persons who have specialized knowledge and experience on the preservation of the estuaries, such as the specialists, citizens' organization, representatives of local residents, and public officials, etc.
- (5) The meeting shall be held in principle once in every quarter, but the chairman shall convene them when he deems it necessary, or when there exist a request therefor from not less than one third of the members.
- (6) Allowances and travel expenses may be paid to the members who are not the public officials attending the meeting.
- Article 10 (Fostering of and Support to Private Environment Organizations)
- The Mayor shall devise the financial measures necessary for preserving the estuaries and foster the private organizations, and may subsidize the required expenses to such an extent as the relevant budget permits.
- Article 11 (Education and Information Opening Relating to Preservation of Ecosystem)
- The Mayor and the head of a Gu shall conduct the publicity and education for citizens in order to preserve the ecosystem of the estuaries through the citizens' participation, and endeavor to open the related information to the public from the planning phase.
- ADDENDUM
- This Ordinance shall enter into force from the date of its promulgation.
