SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ENVIRONMENTAL IMPACT ASSESSMENT
- Enactment No. 3985, Mar. 20, 2002
- Amendment of Other Laws No. 4131, Jul. 25, 2003
- Partial Amendment No. 4227, Sep. 24, 2004
- Partial Amendment No. 4313, Sep. 30, 2005
- Amendment of Other Laws No. 4593, Dec. 26, 2007
- Amendment of Other Laws No. 4616, Apr. 03, 2008
- Whole Amendment No. 4780, May. 28, 2009
- Partial Amendment No. 4883, Nov. 11, 2009
- Amendment of Other Laws No. 5208, Dec. 29, 2011
- Amendment of Other Laws No. 5308, Jul. 26, 2012
- Partial Amendment No. 5541, Aug. 01, 2013
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Amendment of Other Laws No. 6961, Jan. 03, 2019
- Partial Amendment No. 6984, Jan. 03, 2019
- Partial Amendment No. 7068, Mar. 28, 2019
- Partial Amendment No. 7542, Mar. 26, 2020
- Partial Amendment No. 7728, Oct. 05, 2020
- Partial Amendment No. 7947, Mar. 25, 2021
- Amendment of Other Laws No. 8235, Dec. 30, 2021
- Partial Amendment No. 8392, Apr. 28, 2022
Partial Amendment No. 4883, Nov. 11, 2009 | Amendment of Other Laws No. 5208, Dec. 29, 2011 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to contribute to the creation of a pleasant and sustainable city by prescribing the extent of projects subject to environmental impact assessment and matters necessary for the execution of such projects in consideration of unique characteristics of Seoul Special Metropolitan City pursuant to Article 5 of the Environmental Impact Assessment Act.
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Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be as follows:
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Article 3 (Obligations of the Mayor, etc.)
(1) Where the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") and the head of a Gu intends to formulate and execute various policies or business plans, he/she shall consider the possible impact of such policy or plan on the environment from the early stages and take measures against such impact.
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Article 4 (Projects Subject to Environmental Impact Assessment)
(1) The extent of projects subject to environmental impact assessment shall be as set out in Table 1.
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Article 5 (Basic Principles of Environmental Impact Assessment)
Environmental impact assessment shall be conducted according to the following basic principles:
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Article 6 (Setting Objectives for Environmental Preservation, etc.)
(1) Where a business operator intends to conduct environmental impact assessment on a target project, he/she may conduct environmental impact assessment after setting objectives of the project for environmental preservation considering the environmental impacts caused by the execution of the project, and scientific knowledge, economic circumstances, etc, at the time of assessment.
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CHAPTER Ⅱ PREPARATION, ETC. OF ENVIRONMENTAL IMPACT STATEMENT
Article 7 (Preparation of Statement)
(1) Where a business operator intends to execute a target project, he/she shall prepare documents concerning environmental impact assessment (hereinafter referred to as "statement"), as prescribed by the Enforcement Rule.
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Article 8 (Seeking Opinions, etc.)
(1) Each business operator shall hold a presentation or public hearing, etc., as prescribed by the Enforcement Rule, to seek opinions from residents of an area to be affected by the execution of a target project (hereinafter referred to as "residents") in the preparation of a statement, and include their opinions in the statement. In such cases, he/she shall hold a hearing if residents within the extent prescribed by the Enforcement Rule so request. (2) When a business operator intends to seek opinions from residents pursuant to paragraph (1), he/she shall submit a summary of a draft of the statement prepared as prescribed by the Enforcement Rule and a draft of the statement prepared in electronic format determined and publicized by the head of the related administrative agency to the head of the Gu having jurisdiction over the area of the target project. In such cases, the area of a project falls across not less than two Gus, the business operator shall submit the said summaries to the head of the Gu having jurisdiction over an area in which the largest portion of the target project is included.
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Article 9 (Re-Preparation of Draft of Statement, etc.)
Where a ground prescribed by the Enforcement Rule accrues due to alteration, etc. of a business plan for a target project before a business operator submits a statement to the head of an approval agency or the Mayor pursuant to Article 13 after he/she has passed through due formalities for seeking opinions under Article 8, the business operator shall re-prepare a draft of a statement and seek further opinions pursuant to Article 8.
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Article 10 (Vicarious Execution of Environmental Impact Assessment)
(1) Where a business operator intends to prepare a statement pursuant to Article 7, a draft of a statement pursuant to Article 8 (2), a plan for environmental preservation pursuant to Article 18 (1), the results of investigation of environmental impacts pursuant to Article 19 (4) and a plan for preparation of a statement pursuant to Article 25 (1) (hereinafter referred to as "statement, etc."), he/she may have an agent for environmental impact assessment pursuant to Article 11 (hereinafter referred to as "assessment agent") prepare the statement, etc. for and on behalf of him/her.
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Article 11 (Report of Agent for Environmental Impact Assessment)
(1) Each assessment agent whose domicile registered with the Han River Basin Environmental Office of the Ministry of Environment pursuant to Article 35 of the Environmental Impact Assessment Act (hereinafter referred to as the "Act") is Seoul Special Metropolitan City and who intends to prepare a statement, etc. pursuant to Article 10 (1) for and on behalf of his/her client, shall report to the Mayor within 20 days from the date of contract for agency.
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Article 12 (Matters to be Complied with by Business Operators and Assessment Agents)
(1) Each business operator and assessment agent shall keep a statement, etc. and materials which serve as a basis of the preparation thereof for a period prescribed by the Enforcement Rule: Provided, That this shall not apply to cases where they have disclosed a statement, etc. through the information and communications network, etc. of the Seoul Metropolitan Government.
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CHAPTER Ⅲ CONSULTATION ON ENVIRONMENTAL IMPACT STATEMENT, ETC.
Article 13 (Request for Consultation on Statement)
(1) Where a business operator is required to obtain approval, etc. on a target project or a business plan thereof (hereinafter referred to as "business plan, etc."), he/she shall submit a statement to the head of an approval agency.
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Article 14 (Examination of Statement and Supplementation thereto)
(1) Where the Mayor deems that a business plan, etc. needs to be supplemented because a statement submitted for consultation pursuant to Article 13 (2) has not been prepared in accordance with Article 7 or it is likely to cause any harmful effects to the environment due to the execution of a target project, he/she may request the head of an approval agency, etc. to supplement such business plan, etc.
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Article 15 (Notification of Details of Consultation)
(1) When the Mayor has completed the examination of a statement, he/she shall notify the head of an approval agency, etc. of the result thereof (including details of the examination and supplementation thereto requested pursuant to Article 14 (1); hereinafter referred to as "details of consultation") within 28 days from the date he/she receives the statement pursuant to Article 13 (2), and the period for which the business operator supplements the statement shall not be included therein: Provided, That when any inevitable cause prescribed by the Enforcement Rule accrues, the period may be extended only once.
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Article 16 (Filing Objections)
(1) Where the head of an approval agency, etc. has an objection to any details of consultation notified pursuant to Article 15 (1), he/she may file an objection with the Mayor, as prescribed by the Enforcement Rule, within 90 days from the date he/she is notified of such details of consultation. In such cases, a business operator subject to approval, etc. shall file an objection through the head of an approval agency.
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Article 17 (Re-Preparation of and Re-consultation on Statement, etc.)
(1) Where a business operator notified of details of consultation pursuant to Article 15 falls under any of the following, he/she shall re-prepare a statement, and a business operator subject to approval, etc. shall submit a statement re-prepared to the head of an approval agency:
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Article 18 (Examination, etc. of Plan for Environmental Preservation Suited to Changes in Business Plan, etc.)
(1) Where details of consultation are changed due to a change in a business plan, etc., but such change is not subject to re-preparation of or re-consultation on a statement pursuant to Article 17, the business operator shall formulate a plan for environmental preservation suited to the change in a business plan, etc. and reflect such plan in the business plan, etc. to be changed.
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Article 19 (Obligations of Business Operators)
(1) In implementing a target project, a business operator shall confirm the target project by reflecting details of consultation notified pursuant to Articles 15 and 17 in a business plan and execute such details of consultation in good faith.
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Article 20 (Management and Supervision of Details of Consultation)
(1) When the head of an approval agency intends to grant approval, etc. on a business plan, etc., he/she shall ascertain whether details of consultation have been reflected; and when the details of consultation have not been reflected, he/she shall order the business operator to take necessary measures to reflect such details in the business plan, etc.
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Article 21 (Prohibition on Prior Execution of Work)
(1) No business operator shall execute work related to a target project before procedures for consultation or re-consultation pursuant to Articles 13 through 18 or procedures for change of a business plan, etc. not subject to re-consultation are completed: Provided, That this shall not apply to any change of a business plan, etc. subject to re-consultation pursuant to Article 17 or not subject to re-consultation pursuant to Article 18 and cases of work on the part that does not cause any change in details of consultation.
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CHAPTER Ⅳ DELIBERATION OF ENVIRONMENTAL IMPACT ASSESSMENT
Article 22 (Environmental Impact Assessment Deliberative Committee of Seoul Metropolitan Government)
(1) The Committee shall be comprised of not less than 45 members but not more than 60 members, including one chairperson and one vice chairperson.
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Article 23 (Subcommittees)
(1) The Committee may establish and operate subcommittees where necessary for the efficient performance of deliberation by the Committee.
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Article 24 (Decommissioning of Members)
Where a commissioned member of the Committee pursuant to Article 22 falls under any of the following, the Mayor may decommission him/her:
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CHAPTER Ⅴ SPECIAL CASES ON ENVIRONMENTAL IMPACT ASSESSMENT
Article 25 (Submission of Plan for Preparation of Environmental Impact Statement)
(1) Each business operator shall prepare a plan for preparation of environmental impact statement (hereinafter referred to as "preparation plan") and submit the same to the head of a Gu in charge before he/she prepares a draft of a statement for a target project set out in Table 1 (excluding a project for which items of assessment and deliberation standards by target project set out in Table 1 have been publicized).
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Article 26 (Examination, etc. of Plan for Preparation of Environmental Impact Assessment Statement)
(1) The Mayor shall examine a preparation plan submitted pursuant to Article 25 (2) and notify the head of the Gu in charge of the results of examination.
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Article 27 (Examination, etc. of Draft of Statement)
(1) Where the results of examination of a draft of a statement submitted pursuant to Article 8 (3) fall under any of the following, the Mayor may exempt the relevant business operator from procedures for consultation on environmental impact assessment following the deliberation of the Committee. In such cases, the Mayor may seek opinions from a professional organization:
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Article 28 (Obligations of Business Operators Subject to Exemption from Procedures for Consultation)
(1) Even in cases of a project subject to exemption from procedures for consultation on environmental impact assessment pursuant to Article 27 (1), the relevant business operator shall prepare a statement reflecting opinions presented in the process of seeking opinions under Article 8 and implement such opinions in good faith.
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Article 29 (Fields, Items, etc. of Environmental Impact Assessment)
(1) Environmental impact assessment shall be conducted on the air environment, water environment, land environment, natural ecological environment, living environment, and social and economic fields to be affected by the execution of a project, and items of assessment by field shall be as set out in Table 2.
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CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
Article 30 (Confidentiality)
An assessment agent, expert, or a current or past executive or employee of a professional organization who has participated in the process of environmental impact assessment under this Ordinance shall neither disclose nor steal any confidential information he/she has learned in the course of duty.
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Article 31 (Reimbursement of Allowances, etc.)
The Mayor may reimburse any of the following persons for allowances and other necessary expenses within budgetary limits:
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Article 32 (Disclosure of Statement)
(1) Except in cases where disclosure of a statement is restricted in accordance with other Acts and subordinate statutes, the Mayor may disclose a statement, etc. for residents' inspection via an information service system related to environmental impact assessment.
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Article 33 (Application Mutatis Mutandis)
Related Acts and subordinate statutes shall apply mutatis mutandis to matters not prescribed by this Ordinance.
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CHAPTER Ⅶ PENAL PROVISIONS
Article 34 (Fines for Negligence)
(1) A person who falls under any of the following shall be levied a fine for negligence not exceeding ten million won:
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ADDENDA <Ordinance No. 4780, May. 28, 2009> |
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