1. Reason for proposal
With the amendment of the Natural Environment Conservation Act to implement natural environment restoration projects (promulgation on January 5, 2021, enforcement on January 6, 2022), the aim is to decide the matters delegated to the Enforcement Decree such as procedure and standards for selection, execution, assessment, follow-up management, etc. of the subjects of natural environment restoration projects and to improve and supplement some insufficiencies found during the operation of the system.
2. Main content
A. In relation to natural environment restoration projects:
1) The subjects are decided as the projects for restoring the habitat of endangered species, projects for restoring international protection areas, and projects notified by the Minister of Environment considering the urgency and restoration effect depending on the results of natural environment surveys (Establishment of Article 35-3 of the draft);
2) Surveys on the status of wildlife habitat and surveys on the preparation of urban ecosystem maps are used for the subjects to be surveyed to prepare the candidate list of natural environment restoration projects (Establishment of Article 35-4(1) of the draft);
3) The status and priorities of subject areas of natural environment restoration are assessed, and the candidate list is prepared (Establishment of Articles 35-4(2) and 35-4(3) of the draft);
4) Natural environment restoration project operators shall report the execution performance of restoration projects according to the natural environment restoration project plans, and the Minister of Environment may assess such performance and unequally support them in the costs based on the reflection of assessment results (Establishment of Article 35-5(1) of the draft); and
5) Natural environment restoration projects shall be maintained, managed, and checked so that the goal of restoration may be continuously maintained after completion of the natural environment restoration projects (Article 35-6 of the draft).
B. Improvement of ecosystem conservation charge system
1) As the current ecosystem conservation charges do not reflect the natural and ecological situation of the subjects to be developed, and the Act was consequently amended to reflect the ecological and natural maps, the territorial parameters of ecological and natural maps are decided (Article 38(2) and Attached Table 2-5 of the draft).
2) The interest of repaid persons is protected with payment of not only the principal but also the interest when repaying ecosystem conservation charges to the operators (Establishment of latter part of Article 42(1) of the draft).
3) Operators’ convenience is improved by increasing the amount of repayment when part of the cooperation charge is repaid to the persons approved for the repayment of ecosystem conservation cooperation charges or agencies of such repayment before the completion of the projects (Article 46(8)1 of the draft).
* (Currently) 50% of project budget → (Revised) 70% of project budget
4) Terms are corrected, i.e., change of the term “ecosystem conservation cooperation charge” to “ecosystem conservation charge,” with the amendment of the Act (Articles 39 through 41, Articles 42-2 and 43 through 46, etc. of the draft).
C. Clarification of aggregate disposition with fine for negligence
1) The right to be protected is expanded by clarifying the period for application of times of violation to be accumulated in case of aggregate dispositions depending on the accumulated repetition of legal violation (Attached Table 4 of the draft).