Busan is good

Busan Metropolitan City Ordinance on Environmental Impact Assessment

Attachments

• ordinance2018_5.pdf (File Size: 211 KB, Downloads: 157) Preview

내용

Busan Metropolitan City Ordinance on Environmental Impact Assessment

Wholly Amended by Ordinance No. 5199, Aug. 12, 2015

• Article 1 (Purpose)
• The purpose of this Ordinance is to prescribe the scope of projects subject to environmental impact assessment based upon the characteristics of Busan Metropolitan City pursuant to Article 42 of the Environmental Impact Assessment Act; and other matters necessary for environmental impact assessment.

• Article 2 (Projects Subject to Environmental Impact Assessment, etc.) (1) Types and scope of projects for which environmental impact assessment must be conducted in accordance with this Ordinance (hereinafter referred to as "project subject to environmental impact assessment) are prescribed in attached Table 1.
• (2) Detailed items of environmental impact assessment by area for projects subject to environmental impact assessment prescribed in paragraph (1), are prescribed in attached Table 2.
• (3) Periods for ex post facto environmental impact survey for projects subject to environmental impact assessment prescribed in paragraph (1), are prescribed in attached Table 3.

• Article 3 (Environmental Impact Assessment Deliberation Committee)(1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall establish the Environmental Impact Assessment Deliberation Committee of the Busan Metropolitan City (hereinafter referred to as the "Committee") to deliberate and advise on the following matters:
• • 1. Matters concerning environmental impact assessment reports submitted pursuant to Article 27 (1) of the Environmental Impact Assessment Act (hereinafter referred to as the "Act");
  • 2. Matters concerning requests for coordination prescribed in Article 31 (1) of the Act;
  • 3. Matters concerning improving the environmental impact assessment system;
  • 4. Other matters the Chairperson of the Committee deems necessary to be referred to meetings.
• (2) The Committee shall be comprised of at least 20 but not more than 30 members, including one chairperson and one vice-chairperson.
• (3) The Director-General of the Climate and Environment Bureau shall become the Chairperson of the Committee and the Vice-Chairperson shall be elected from among the members of the Committee, and the Mayor shall appoint or commission members of the Committee, from among the following persons in consideration of gender:
  • 1. Public officials of at least grade IV of the Busan Metropolitan City;
  • 2. Persons recommended by the Busan Metropolitan Council;
  • 3. Person recommended by non-governmental organizations (referring to non-profit, non-governmental organizations prescribed in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
  • 4. Other persons with abundant knowledge and experience in environmental impact assessment.
• (4) The term of office of commissioned members shall be two years, and they may be re-appointed only once: Provided, That the term of office of members filling a vacancy shall be the remaining term of office of his/her predecessor.

• Article 4 (Operation of Committee)(1) The Chairperson of the Committee shall represent the Committee and administer overall affairs of the Committee; and where the Chairperson is unable to conduct his/her duties due to extenuating circumstances, the Vice-Chairperson shall act on behalf of the Chairperson.
• (2) Meetings of the Committee shall be held with a majority of registered members present and adopt resolutions by a majority vote of members present.
• (3) The Committee shall have one secretary to process administrative affairs of the Committee, on condition that the head of the environment impact assessment division shall become the secretary.
• (4) If necessary for matters subject to deliberation by the Committee, the Chairperson of the Committee may request the heads of approving agencies, etc. prescribed in Article 27 (1) of the Act to submit materials, or listen to the opinions of interested persons or relevant experts.
• (5) Where convening a meeting, the Chairperson of the Committee shall notify each Committee member of the time, date and venue for the meeting and items on the agenda to be referred to the meeting in writing at least 14 days prior to the date of the meeting: Provided, That the same shall not apply where urgent.
• (6) Allowances may be paid and travel expenses reimbursed to commissioned members, relevant experts, etc. within budgetary limits.
• (7) The Chairperson of the Committee shall determine matters necessary for operating the Committee other than those provided for in this Ordinance.

• Article 5 (Exclusion, Challenge and Refrainment of Members)(1) Where a Committee member falls into any of the following cases, he/she shall be excluded from deliberation and resolution by the Committee:
• • 1. Where a member or his/her current or former spouse becomes a party to the relevant item on the agenda or a joint right holder or a joint obliger with a party to such item on the agenda;
  • 2. Where a member is or was a relative of a party to the relevant item on the agenda;
  • 3. Where a member has provided or conducted consulting, research or services regarding the relevant item on the agenda;
  • 4. Where a member, or a corporation, organization, etc. to which a member belongs is or was a proxy of a party to the relevant agenda item.
• (2) Where any party finds it impracticable to expect a fair deliberation or resolution from a Committee member, he/she may file a request for challenge with the Committee and the Committee shall determine the application by resolution. In such cases, the member who is the object of the request for challenge shall not participate in the resolution.
• (3) Where a member falls into the grounds for exclusion prescribed in the subparagraphs of paragraph (1), he/she shall refrain himself/herself from deliberation or resolution on the relevant item on the agenda.

• Article 6 (Special Cases concerning Procedures for Consultation on Environmental Impact Assessment)(1) The Mayor may pre-determine matters subject to assessment based on the characteristics of projects subject to environmental impact assessment among the detailed matters subject to environmental impact assessment by area in attached Table 2. In such cases, he/she shall determine and publish standards for deliberation on the matters subject to assessment.
• (2) Where matters subject to assessment are published pursuant to paragraph (1), the procedure for determining matters subject to environmental impact assessment, etc. prescribed in Article 24 of the Act need not be undergone. In such cases, consultation may take place by undergoing simplified procedures prescribed in Article 51 (1) of the Act.

• Article 7 (Administrative Fines)(1) A person who fails to perform an order for suspending construction works prescribed in Article 34 (3) and (4) of the Act which applies mutatis mutandis in Article 8 shall be punished by an administrative fine not exceeding ten million won.
• (2) A person who falls into any of the following persons shall be punished by an administrative fine not exceeding seven million won:
  • 1. A person who conducts construction works for a project subject to environmental impact assessment prescribed in Article 2 (1) without undergoing environmental impact assessment;
  • 2. A person who conducts construction works before completing procedures for consultation for change, in violation of Article 34 (1) of the Act which applies mutatis mutandis in Article 8;
  • 3. A person who is subject to an order for taking measures prescribed in Article 40 (1) and (3) of the Act which applies mutatis mutandis in Article 8 but fails to perform the order;
  • 4. A person who fails to perform an order for taking measures prescribed in Article 41 (3) of the Act which applies mutatis mutandis in Article 8.
• (3) A person who falls into any of the following persons shall be punished by an administrative fine not exceeding five million won:
  • 1. A person who fails to fully conduct an ex post facto environmental impact survey in violation of Article 36 (1) of the Act which applies mutatis mutandis in Article 8;
  • 2. A person who fails to give notice or take necessary measures in violation of Article 36 (2) of the Act which applies mutatis mutandis in Article 8;
  • 3. A person who prepares an environmental impact assessment report unconscientiously in violation of Article 53 (2) 4 or 56 (1) 2 of the Act which applies mutatis mutandis pursuant in Article 8;
  • 4. A person who fails to conclude a contract for vicariously preparing an environmental impact assessment report separately from design, etc. for the construction works of the relevant project, in violation of Article 53 (2) 4 of the Act which applies mutatis mutandis in Article 8.
• (4) Any of the following persons shall be punished by an administrative fine not exceeding two million won:
  • 1. A person who fails to keep a management register or fails to record the status of performance of details of consultation, in violation of Article 35 (2) of the Act which applies mutatis mutandis in Article 8;
  • 2. A person who fails to designate a person to be in charge of management or fails to give notice of the fact of designating a person to be in charge of management in violation of Article 35 (3) of the Act which applies mutatis mutandis in Article 8;
  • 3. A person who fails to conduct part of an ex post facto environmental impact survey or fails to give notice of the results thereof in violation of Article 36 (1) which applies mutatis mutandis in Article 8;
  • 4. A person who fails to give notice of commencement, completion or suspension of construction of a project in violation of Article 37 which applies mutatis mutandis in Article 8;
  • 5. A person who fails to give notice of the status of performance of details of consultation, grounds of succession, etc. in violation of Article 38 (2) of the Act which applies mutatis mutandis in Article 8;
  • 6. A person who fails to keep environmental impact assessment reports and materials forming the bases for preparing the same in violation of Article 53 (2) 3 or 56 (1) 3 of the Act which applies mutatis mutandis in Article 8.
• (5) The Mayor shall impose and collect administrative fines prescribed in paragraphs (1) through (4) in accordance with attached Table 4.
• (6) Procedures for imposing and collecting administrative fines prescribed in paragraph (5) shall be governed by the Act on the Regulation of Violations of Public Order.

• Article 8 (Application mutatis mutandis)
• Where conducing environmental impact assessment pursuant to Article 2, Articles 8, 22 through 41, 51, 52, 56, 60 and 66 of the Act, Articles 3 through 6 and 31 through 57 of the Enforcement Decree of the Environmental Impact Assessment Act; and Articles 8 through 22 of the Enforcement Regulation of the Environmental Impact Assessment Act shall apply mutatis mutandis to preparing environmental impact assessment reports and to gathering consensus, consultation on environmental impact assessment reports and procedures for managing the details of consultation, etc. In such cases, "Minister of Environment" shall be construed as as "Mayor."

• Article 9 (Delegation of Authority)
• The Mayor shall delegate administrative affairs concerning environmental impact assessment, etc. prescribed in subparagraph 3 of Article 27 of the Special Act on Designation and Management of Free Economic Zones to the Commissioner of the Busan-Jinhae Free Economic Zone Authority.

• ADDENDA

• Article 1 (Enforcement Date)
• This Ordinance shall enter into force one month after its promulgation: Provided, That the amended provisions of Article 7 shall enter into force on January 1, 2016.

• Article 2 (Applicability to Administrative Fines)
• The amended provisions of Article 7 (2) 1 shall apply, beginning from the first project for which authorization, permission, etc. are obtained after January 1, 2016.

• Article 3 (Transitional Measures concerning Environmental Impact Assessment Reports)
• Any environmental impact assessment report for which preparation or consultation is requested or procedures for re-consultation are pending regarding environmental impact assessment pursuant to the former provisions as at the time this Ordinance enters into force shall be deemed an environmental impact assessment report for which preparation or consultation is requested or procedures for re-consultation are pending in accordance with this Ordinance.

• [Tables]
• Table 1 Types and scope of projects subject to environmental impact assessment
• Table 2 Detailed matters subject to environmental impact assessment by area
• Table 3 Projects subject to ex post facto environmental impact survey and the periods thereof
• Table 4 Standards for imposing administrative fines by type of offense