SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON NATURAL ENVIRONMENT CONSERVATION
- Enactment No. 3580, Mar. 20, 1999
- Partial Amendment No. 4151, Nov. 05, 2003
- Partial Amendment No. 4287, Jun. 16, 2005
- Whole Amendment No. 4461, Jan. 02, 2007
- Amendment of Other Laws No. 4480, Mar. 08, 2007
- Partial Amendment No. 4693, Sep. 30, 2008
- Amendment of Other Laws No. 4817, Jul. 30, 2009
- Partial Amendment No. 4851, Sep. 29, 2009
- Amendment of Other Laws No. 5208, Dec. 29, 2011
- Amendment of Other Laws No. 5930, May. 14, 2015
- Partial Amendment No. 5938, May. 14, 2015
- Partial Amendment No. 6070, Jan. 07, 2016
- Amendment of Other Laws No. 6386, Jan. 05, 2017
- Partial Amendment No. 6781, Jan. 04, 2018
- Amendment of Other Laws No. 6961, Jan. 03, 2019
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7597, May. 19, 2020
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 7864, Jan. 07, 2021
- Partial Amendment No. 8301, Dec. 30, 2021
Amendment of Other Laws No. 4480, Mar. 08, 2007 | Partial Amendment No. 4693, Sep. 30, 2008 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to contribute to the healthy living of the citizens in the pleasant environment through the systematic conservation and management of the natural environment by prescribing matters authorized under the Natural Environment Conservation Act and the Protection of Wild Fauna and Flora Act and matters necessary for the enforcement thereof. <Amended by Ordinance No. 4693, Sep. 30, 2008>
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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 (Basic Principles of Natural Environment Conservation and Utilization)
The natural environment shall be conserved and managed systematically for the sustainable utilization in accordance with basic principles referred to in the subparagraphs of Article 3 of the Act and Article 3 (1) through (3) of the Protection of Wild Fauna and Flora Act. <Amended by Ordinance No. 4693, Sep. 30, 2008>
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Article 4 (Obligations of Mayor)
(1) The Mayor shall formulate and execute measures for conservation of the natural environment suitable to the local circumstances.
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Article 5 (Obligations of Citizens)
(1) The citizens (including corporations, organizations and institutions; hereinafter the same shall apply) shall endeavor to prevent pollution and damage to the natural environment owing to daily life, business activities, etc.
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Article 6 (Formulation of Action Plan for Natural Environment Conservation)
The Mayor shall formulate an action plan for conservation of the natural environment pursuant to Article 6 (4) of the Act every ten years and collect opinions of the citizens, related experts or the heads of Gus, etc. <Amended by Ordinance No. 4693, Sep. 30, 2008>
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CHAPTER Ⅱ DESIGNATION AND MANAGEMENT OF ECOLOGICAL AND LANDSCAPE CONSERVATION AREA
Article 7 (Designation of Ecological and Landscape Conservation Areas)
(1) An ecological and landscape conservation area shall be an area falling under any of the following subparagraphs and designated by the Mayor because he/she deems that the special conservation of such an area is necessary in accordance with the provisions of Article 23 (1) of the Act:
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Article 8 (Procedures for Designation or Change of Ecological and Landscape Conservation Area)
(1) Where the Mayor designates or changes an ecological and landscape conservation area (hereinafter in this Article referred to as "area") in accordance with the main sentence of Article 24 (1) of the Act, he/she may collect opinions of related experts.
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Article 9 (Plan for Management of Ecological and Landscape Conservation Area)
(1) The Mayor shall formulate a plan for management of an ecological and landscape conservation area (hereinafter referred to as "plan for management") pursuant to Article 25 of the Act based on the result of observing changes in an ecology system and natural landscape, and collect opinions of the head of a Gu who has jurisdiction over the relevant district or related experts, etc.
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Article 10 (Restrictions on Acts in Ecological and Landscape Conservation Area)
(1) No one shall do any act falling under any of the following subparagraphs in an ecological and landscape conservation area: Provided, That where a park area designated in accordance with the Natural Parks Act or a cultural heritage (including a protective zone for a cultural heritage) under the Cultural Heritage Protection Act is included in the ecological and landscape conservation area, the Natural Parks Act or the Cultural Heritage Protection Act shall apply thereto:
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Article 11 (Orders to Cease)
The Mayor may order a person who violates Article 10 (1) to cease such an act or to restore damage, etc. caused by the relevant act: Provided, That where the restoration to the original state is difficult, the Mayor may order him/her to take measures corresponding thereto.
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Article 12 (Purchase of Land)
Where it is necessary for the conservation of an ecosystem in an ecological and landscape conservation area, the Mayor may purchase land, etc. in the ecological and landscape conservation area in consultation with the owner of such land.
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Article 13 (Conservation of Natural Landscape)
The Mayor shall endeavor to conserve the natural landscape of a forest, hill, river, marsh, etc. of which ecological or scenic value is high.<Amended by Ordinance No. 4693, Sep. 30, 2008>
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Article 14 (Examination of Impact on Natural Landscape)
(1) Where the Mayor intends to grant authorization, permission, etc. on a development project, etc. falling under any of the following subparagraphs, which is not a project subject to examination of the impact on the natural landscape by a related central administrative agency pursuant to Article 28 (1) of the Act, he/she shall examine the impact of the relevant project, etc. on the natural landscape and a plan for conservation thereof, etc.: Provided, That this shall not apply to cases where such project undergoes deliberation of the Urban Planning Committee of the Seoul Metropolitan Government or the Building Committee of the Seoul Metropolitan Government:
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CHAPTER Ⅲ PROTECTION OF WILD ANIMALS AND PLANTS
Article 15 (Designation of Protected Wild Animals or Plants)
(1) A protected wild animal or plant shall be a species falling under any of the following subparagraphs, designated by the Mayor pursuant to Article 26 (1) of the Protection of Wild Fauna and Flora Act:
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Article 16 (Measures for Protection of Protected Wild Animals or Plants)
(1) Where the Mayor intends to designate a protected wild animal or plant, he/she shall formulate and take measures for the protection thereof, as prescribed by Rule.
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Article 17 (Restrictions on Acts on Protected Wild Animals or Plants)
(1) No one shall do any act falling under any of the following subparagraphs involving the protected wild animals or plants:
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Article 18 (Cancellation of Permit)
(1) Where a person who obtains a permit in accordance with the proviso to Article 17 (2) falls under subparagraph 1, the Mayor shall cancel such permit, and where he/she falls under subparagraphs 2 and 3, the Mayor may cancel such permit:
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Article 19 (Designation of Wildlife Sanctuary)
(1) A wildlife sanctuary (hereinafter referred to as "sanctuary") shall be an area falling under any of the following subparagraphs and designated by the Mayor because he/she deems it necessary to protect the same:
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Article 20 (Plans for Protection of Wildlife Sanctuaries)
(1) The Mayor shall formulate and execute a plan for protection of a wildlife sanctuary by hearing opinions of the head of the Gu who has jurisdiction over the relevant district or related experts, etc. for the conservation of the sanctuary.
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Article 21 (Restrictions on Acts in Wildlife Sanctuary)
(1) No one shall do any act falling under any of the following subparagraphs in a sanctuary: Provided, That a cultural heritage (including a protected area for a cultural heritage) pursuant to Article 2 of the Cultural Heritage Protection Act shall be as prescribed by the Cultural Heritage Act:
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Article 22 (Restrictions on Access)
(1) Where the Mayor deems it necessary for the protection of wild animals or plants, he/she may restrict or prohibit access to all or part of a sanctuary for a certain period: Provided, That this shall not apply to cases where a person has access to a sanctuary for an act falling under any of the following subparagraphs:
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Article 23 (Order to Cease)
The Mayor may order a person who violates the provisions of Article 21 (1) to cease such act or to restore damage, etc. caused by the relevant act: Provided, That where the restoration to the original state is difficult, the Mayor may order him/her to take measures corresponding thereto. <Amended by Ordinance No. 4693, Sep. 30, 2008>
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Article 24 (Purchase of Land)
(1) Where the Mayor deems it necessary for the protection of wild animals or plants in a sanctuary, he/she may purchase land, etc. in a sanctuary in consultation with the owner thereof.
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Article 25 (Protection of Migratory Bird Sanctuaries and Habitats of Wild Animals or Plants)
(1) The Mayor may designate a collective habitat for migratory birds, the special protection of which he/she deems necessary, among the habitats for migratory birds as a migratory bird sanctuary and take necessary measures.
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CHAPTER Ⅳ MANAGEMENT AND UTILIZATION OF INFORMATION ON NATURAL ENVIRONMENT
Article 26 (Natural Environment Investigation)
(1) The Mayor shall conduct a comprehensive natural environment investigation every ten years for the efficient management of natural assets pursuant to Article 30 (3) of the Act, and may conduct a natural environment investigation every five years for the main forests, rivers and other necessary areas.
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Article 27 (Close or Supplementary Investigation and Observation of Changes in Ecosystem)
(1) Where the Mayor deems it necessary as a result of investigation of the natural environment pursuant to Article 26, he/she may conduct a close or supplementary investigation and observation of changes in an ecosystem pursuant to Article 31 (4) of the Act.
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Article 28 (Natural Environment Investigators)
(1) A natural environment investigator pursuant to Article 32 of the Act shall be a person who is appointed or commissioned by the Mayor from among the related public officials and those who have expert knowledge of and broad experience in a field related to investigation of the natural environment.
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Article 29 (Preparation of Map of Ecology and Nature)
(1) The Mayor may prepare a map of the ecology and nature of Seoul Metropolitan City (hereinafter referred to as "map of the ecology and nature") by making use of related materials, such as the results of investigation and the present status of the utilization of land pursuant to Articles 26 and 27, so that it may be utilized for the formulation and execution of various development projects, etc.
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Article 30 (Systematic Management of Information on Natural Environment)
The Mayor shall manage systematically the results of investigation of the natural environment, the present status of designation of the protected wild animals or plants and the ecological and landscape conservation areas, details of preparation of a map of the ecology and nature, and other information related to the natural environment for the reasonable management and utilization of information on the natural environment.
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CHAPTER Ⅴ MANAGEMENT OF NATURAL ASSETS
Article 31 (Designation and Management of Natural Resting Area)
(1) Where the Mayor designates a natural resting area pursuant to Article 39 of the Act, he/she shall formulate and execute a plan so that the citizens may utilize a natural resting area healthily, while conserving a natural ecosystem therein.
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Article 32 (Maintenance of Natural River)
(1) An agency which manages a river under the River Act or small river under the Small River Maintenance Act (hereinafter referred to as "river") shall maintain a river in consideration of the natural characteristics of the river to the extent this does not hinder the utilization of water and the regulation of water, and create natural landscape and environment suitable for the inhabitation of wild animals or plants and as a resting area of the citizens.
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Article 33 (Restoration of Natural Ecosystem)
(1) The Mayor shall investigate an area which requires the restoration of a natural ecosystem from among ecological and landscape conservation areas, sanctuaries, migratory bird sanctuaries, etc. and green belts or rivers rich in biodiversity because it falls under any of the following subparagraphs, and endeavor to restore it:
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Article 34 (Creation of Ecological City)
(1) The Mayor shall endeavor to create an ecological city by the formulation and execution of a necessary plan, such as securing of an ecological axis, ecological passage, etc., to improve the ecological healthiness of Seoul Metropolitan City.
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CHAPTER Ⅵ CITIZENS' PARTICIPATION
Article 35 (Protection and Management of Natural Environment by Citizens)
(1) To protect ecosystems of mountains, rivers, and ecological and landscape conservation areas proactively, the Mayor may designate a corporation, organization or agency under his/her control, etc. that is deemed to have the management capacity, and have it protect and manage such ecosystems.
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Article 36 (Support to Natural Environment Conservation Organizations)
(1) To promote private citizens' proactive participation in the natural environment conservation, the Mayor may give necessary support to private natural environment conservation organizations conducting activities falling under any of the following subparagraphs:
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Article 37 (Education and Publicity of Natural Environment Conservation)
(1) The Mayor shall endeavor to produce and distribute materials concerning the natural environment conservation and to revitalize activities, such as education, publicity, etc., in cooperation with Gus, educational institutions, natural environment conservation organizations and other related institutions.
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CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 38 (Delegation of authority)
The Mayor shall delegate his/her authority concerning the following matters to the head of the competent Gu: Provided, That he/she shall delegate his/her authority concerning the ecological and landscape conservation areas, sanctuaries and migratory bird sanctuaries under the jurisdiction of the Hangang Management Headquarters of the Seoul Metropolitan Government and the Central Green City Management Office of the Seoul Metropolitan Government to the Director General of Hangang Management Headquarters and the head of Central Green City Management Office respectively: <Amended by Ordinance No. 4693, Sep. 30, 2008; Ordinance No. 4817, Jul. 30, 2009>
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Article 39 (Imposition and Collection of Fines for Negligence)
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence of not more than two million won:
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ADDENDA <Ordinance No. 4461, Jan. 2, 2007> |