Reasons for Proposal
The livestock industry, as a food industry which supplies high-quality proteins to the public, has become a major industry in rural areas given that it takes up about 42% of the entire agricultural industry based on the volume of output and its related industries worth about 75.5 trillion won.
To have a stable supply of livestock products, along with the increase in national income, the government has pursued various livestock promotion policy measures such as improvement and propagation of livestock, the structural improvement of the livestock industry, control of the supply and demand and price stabilization of livestock and livestock products, and improvement of the distribution system.
Despite the growth of the livestock industry and support from the government, however, the self-sufficiency rate of livestock continues to fall as livestock diseases become indigenous and the extent of market liberalization increases, while the supply and demand of the international crop market remains unstable, such that the Korean livestock industry is in a serious crisis.
In particular, due to the March 24, 2014 amendment to the Act on the Management and Use of Livestock Excreta, the grace period of administrative regulations on specific livestock pens has arrived such that execution plans for legalization of unpermitted livestock pens should have been submitted by September 27, 2018; however, due to complex administrative procedures and continued occurrence of livestock infectious diseases such as avian influenza, foot-and-mouth disease, bovine spongiform encephalopathy, and African swine fever, a significant number of livestock farms which possess specific livestock pens failed to make a report, and it is unclear whether usage approvals will be granted even for farms which submitted legalization execution plans.
Also, there is a need to clarify the responsibilities of the State, local governments, and livestock farms for the progress of a sustainable livestock industry and resource-circulating agriculture, improvement in livestock pen environment, and conservation of the living environment around livestock pens.
Therefore, this Act aims to prevent livestock farms from leaving the industry by postponing administrative regulations on specific livestock pens, etc., to protect the production base of the livestock industry, to vitalize the small farm cycling system of agriculture, and to promote the creation of a sustainable, environment-friendly livestock ecosystem.
Details
A. Define a small farm cycling system agriculture as an industry where livestock excreta generated from livestock farms are manufactured and/or used as fertilizer under Article 2 (1) of the Fertilizer Control Act in producing agricultural and forestry products (Article 2 (1) 3)
B. Prescribe that a specific livestock pen shall be a building that has de facto been completed as of February 20, 2013 including i) waste-generating facilities without permission or report under Article 11 of the Act on the Management and Use of Livestock Excreta, ii) waste-generating facilities revised without revision permission or report, and iii) waste-generating facilities equal to or less than the scale (including extended and/or major repairs of parts without usage approvals) prescribed by Presidential Decree (Article 2 (1) 4) that a livestock farm business operator permitted (reported) under Article 22 of the Livestock Industry Act has installed
C. Prescribe that a livestock farm business operator shall have a responsibility to comply with laws regarding livestock excreta and prevention of malodor and not to pollute the surrounding environment with livestock excreta (Article 5)
D. Establish a specific livestock support center under the head of a Si, Gun or Gu to support and counsel reporting, usage approvals, etc., regarding specific livestock pens and factual surveys, etc., on the status quo, etc., of specific livestock pens (Article 6)
E. Prescribe that a Metropolitan City Mayor or Do governor shall establish and implement basic plans on: i) policy goals and basic direction for growth of small farm cycling system agriculture, ii) installation and expansion of common resource recovery facilities in consideration of the generation amount and status quo treatment of livestock excreta, strengthening of resource recovery and public nature of livestock excreta, and excreta treatment amount by region, iii) improvement in the quality of manure and expanded use by farms, and iv) designation and operation of small farm cycling system agriculture districts, etc., to vitalize small farm cycling system agriculture and provide a basis for the State and/or local government to provide technical and/or financial support. Prescribe also that a head of a Si, Gun or Gu shall appropriately treat livestock excreta generated in his/her jurisdiction and have such excreta be managed in consideration of: i) the collection, transport, and resource recovery of livestock excreta, ii) connection with crop farming households, iii) cooperation with nearby local entities, etc. (Article 7)
F. Prescribe that when a building owner or possessor of a specific livestock pen complies with the obligations on treatment of livestock excreta under Article 10 of the Act on the Management and Use of Livestock Excreta, has appropriate livestock excreta treatment facilities under Article 12 of the Act on the Management and Use of Livestock Excreta, and satisfies the standards on emission level of malodors under Article 7 of the Malodor Prevention Act, an order for suspension of use, etc., under Article 18 of the Livestock Excreta Act shall not be issued; however, when the standards prescribed by an Ordinance of the Ministry of Environment are not met, an order for cancellation of permission, etc., under Article 18 of the Livestock Excreta Act may be issued. Provided; that it shall be prescribed that when an order for cancellation of permission, etc., is issued, just compensation according to Presidential Decree shall be made (Article 8)
