1. Reasons for Amendment
The Creation and Management of Forest Resources Act was amended (Act No. 19117; promulgated on December 27, 2022; to be enforced on June 28, 2023) to prescribe support for environmentally friendly felling, preliminary feasibility studies for felling standing timber, outsourcing of the management of forest projects, and a newly inserted penalty surcharge in lieu of business suspension. Accordingly, this Amendment prescribes matters delegated by the Act and matters necessary for the enforcement thereof. It also stipulates provisions concerning applications to postpone reports on felling standing timber, specifies the method used to calculate import profits collected from importers of forest products, and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.
2. Major Provisions
A. Specify necessary matters concerning the collection of penalty surcharges from seeds and seedlings growers (Article 15-2, Article 15-3 newly inserted)
Prescribe the form and procedure necessary for penalty surcharge payments, and the application form necessary for penalty surcharge payment extensions and installment payments.
B. Specify detailed matters on the outsourcing of the management of forest projects (Article 25-5, Article 25-6 newly inserted)
Prescribe standards on management service fee limits and amounts, and eligibility requirements and designation procedures for management service providers, etc.
C. Prescribe forms, regulations, etc. concerning support for environmentally friendly felling (Article 44-2, attached Table 3 newly inserted, Article 47 amended)
Prescribe application forms and other documents, modify regulations on area limits, separation distances, etc. for felling zones to promote environmentally friendly felling, stipulate restrictions on arbitrary felling, etc.
D. Prescribe an application form and investigation criteria for preliminary feasibility studies for felling standing timber, etc. (Article 45-3 newly inserted)
Prescribe an application form for preliminary feasibility studies for felling standing timber, etc., and investigation criteria necessary for specialized agencies to conduct preliminary feasibility studies.
E. Improve provisions on applications to postpone reports on felling standing timber (Article 45 (5) newly inserted)
Address weaknesses in the law regarding the permission and reporting of felling standing timber by newly inserting provisions on applications for postponement.
F. Prescribe in detail the method used to calculate import profits collected from forest product importers (Article 49 (3) 2 amended)
Specify that import profits for quota auctions shall be an amount agreed to be paid up to a maximum of the difference between the domestic price and the imported price.