1. Reasons for Proposal

This amendment aims to improve and supplement a number of weaknesses that have emerged in the operation of the current system and mitigate regulations on mountainous districts by supporting the scale-up of management by expanding the cultivation area of ornamental trees through the temporary use of mountainous districts by farmers, foresters, fishermen, etc., and including ‘those who have registered as agricultural business entities for forest land’ under the Act on Fostering and Supporting Agricultural and Fisheries Business Entities in the scope of foresters subject to reporting the conversion of mountainous districts, and supporting smooth forestry management activities.

2. Major Provisions

A. Stipulate forest for forest management experience as permitted acts of mountainous districts for forestry use and subjects to reporting the conversion of mountainous districts (Article 12 (2) 1, Article 17 (2) 3, and Attached Table 3)

Stipulate the permitted acts of mountainous districts and the subjects of reporting the conversion of mountainous districts when applying the Mountainous Districts Management Act and its Enforcement Decree as the Forest Management Experience Forest System is to be introduced through the revision of the Forestry Culture and Recreation Act (on Jun. 10, 2022; to be enforced on Jun. 11, 2023).

B. Expand the cultivation area of ornamental trees by reporting the temporary use of mountainous districts (Article 12 (13) 5 through 7 and Attached Table 3-3)

Allow the cultivation area for ornamental trees up to 50,000 square meters, the same as the cultivation area for general forest products, to support the scale-up of management by farmers, foresters, fishermen, etc., reporting temporary use of mountainous districts.

C. Extend the period of permission for temporary use of mountainous districts for wind power facilities (Articles 18-4, 27, 29-2, 30-2, and 31-2)

Allow extending the period of permission for temporary use of mountainous districts for wind power facilities from the current maximum of 20 years to within 30 years including the initial permit period where it is reasonable to extend the period of permission for temporary use of mountainous districts after deliberation by the Mountainous District Management Committee.

D. Ease the subjects of the evaluation of economic effects of stone collection when changing and designating a stone collection complex (Article 39 (5))

Rationally operate the subjects to the evaluation of economic effects of stone collection due to changes in the designated area of a stone collection complex by mitigating it from the current 10/100 or more of the area designated as a stone collection complex to 20/100 or more of the area designated as a stone collection complex, same as the permission to collect earth or stone.

E. Mitigate standards such as zoning agreements for pumping-up power generation facilities (Attached Tables 2, 4, and 4-2)

Apply exceptions to the average slope, standing tree accumulation per hectare, the area ratio of preserved mountainous districts, and permitted area when zoning consultations and granting permission for the conversion of mountain districts considering the characteristics of pumping-up power generation facilities that need to secure a head drop.

F. Expand the scope of foresters in the reporting, etc., of the conversion of mountainous districts (Article 12 (1) 2 and Attached Tables 3 and 3-3)

Support smooth forestry management by including ‘those who have registered as agricultural business entities for forest land’ under Article 4 (1) 1 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities in the scope of foresters subject to reporting the conversion of mountainous districts (Attached Table 3) and temporary use of mountainous districts (Attached Table 3-3).

G. Clarify subjects to the reduction or exemption of expenses incurred in creating forest replacement resources and their areas (Attached Table 5)

1) Ensure that the definition of “agriculture, forestry, and fishermen” in Remark 5 applies the same to Remark 3, and include ‘those who have registered as agricultural business entities for forest land’ in accordance with Article 4 (1) 1 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities.

2) Newly insert Remark No. 8 to clearly stipulate that the area subject to the reduction or exemption of expenses incurred in creating forest replacement resources is the area of the mountainous district where the target facilities are installed.