Sejong, November 7 - On October 27, 2022, the Ministry of Environment (Minister Han Wha-jin) made a pre-announcement of legislation to revise the "Enforcement Decree of the Environmental Impact Assessment Act." The legislation will update the procedures and projects subject to the environmental impact assessment (EIA) and clarify ambiguous regulations of EIA. The revision is one of the follow-up measures for environmental deregulation announced on August 26, 2022. The revision includes the legal recommendations from the Ministry of Government Legislation while improving the weaknesses of the current system.   

The highlights of the amendment are as follows.

Projects subject to small-scale environmental impact assessments will be updated more reasonably. 

(Projects subject to small-scale environment impact assessments) 

Small-scale environmental impact assessments will be implemented for installing underground facilities in rural and fishing villages or projects in already-developed areas. A plan or a project, such as storehouses for yards and pilings, playgrounds, and parking lots, in which the environmental impact is deemed insignificant, will be exempted from small-scale environmental impact assessments. 

(Categories of projects subject to small-scale environmental impact assessment) 

The actual size of developed areas should be considered when determining whether a project for a forest campsite or a forest leisure sports facility is subject to small-scale environmental impact assessment. 

Natural recreation forests, forest bathing areas, and healing forests (spaces where people can experience healing programs in the forest) are assessed similarly.

Cases subject to re-consultation will be updated. 

Currently, where the scale is increased by at least 30 percent of the scale reflected in agreed terms and conditions, it is required to conduct an environmental impact assessment again. The issue of fairness between large-and small-scale projects has been raised.  

When determining if cases are subject to re-consultation, the identical standard of area should be applied to resolve equity issues. The statutes will be improved in a way to prevent re-consultation from occurring due to the increase in small-scale projects.

Ambiguous regulations will be clarified. 

It is clearly stipulated that a project amendment should be determined by accumulating agreed terms and conditions in the final consultation when determining whether a project is subject to consultation on the strategic environmental impact assessment amendment. 

By setting the scale of a project related to designating a quarry complex for minimum environmental impact assessment under the Mountainous Districts Management Act, if the project scale is amended after consultation, it should be clearly determined whether the project is subject to consult on an amendment or re-consultation. 

An expert committee for conciliation and review will be established. 

Currently, the Environmental Impact Assessment Council conciliates after deliberation when a project implementer and consulting agency raise an objection to agreed terms and conditions. However, there have been concerns over the council's neutrality and expertise. Therefore, an expert committee for conciliation and review will be established. Before the deliberation of the Environmental Impact Assessment Council, the dispute will go through the expert committee. The committee's neutral and professional review on the dispute will be expected.

The flexibility of the system will be increased. 

(Relevant consultations will be held simultaneously) When there are consultations on environmental impact assessments and small-scale environmental impact assessments, which also require consultation on strategic environmental impact assessment, relevant consultations will be held simultaneously.    

(Virtual presentation will be allowed) It is allowed to hold a virtual presentation when it is difficult to hold due to infectious crisis protocols such as COVID-19.

(Penalty surcharges will be differentiated) The penalty surcharge is differentially applied according to the related severity (damage rate) of the violation when a penalty surcharge is imposed in lieu of restoration (less than 3% of the total construction cost).

(Projects subject to the summary process of environmental impact assessment will be expanded) The summary process will be applied to projects whose scale subject to re-consultation is less than 200% of the minimum scale for assessment. 

The Ministry of Environment will collect stakeholders' opinions during the pre-announcement of legislation. The ministry plans to implement the amendment in March 2023 after a regulatory review, Ministry of Government Legislation review, and Cabinet meeting. Details of the amendment can be found on the websites of the Ministry of Environment (me.go.kr) and the National Participatory Lawmaking Center (opinion.lawmaking.go.kr).

Kim Jong-ryul, Director-General of the Nature Conservation Bureau, said, "The Ministry of Environment expects that the amendment will improve the scope of projects subject to environmental impact assessment and its procedure. We also expect the revision to increase the system's effectiveness." He added, "We will keep improving the assessment for it to play a role in balancing development and conservation."

Contact: Lee Jin-hee, Deputy Director

Environment Assessment Policy Division / +82-(0)44-201-7271

Foreign Media Contact: Chun Minjo(Rachel)

+82-(0)44-201-6055 / rachelmchun@korea.kr