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Research Project Report

Research Project Report 상세보기
A Study on the Improvement of the National Policy and Legislation to Ensure the Feasibility of Marine Environmental Impact Assessment
Report No. 2018-01 Research Manager Su Jin, Park
File

▸ The Marine Environmental Impact Assessment holds policy significance as the Prior Environmental Review System (PERS). Therefore, the Marine Environmental Impact Assessment enables administrative plans, programs and development programs (projects) targeting oceans to minimize its impact to the environment and promote the sustainable use of oceans.
- In this study, the Marine Environmental Impact Assessment includes the following assessments; (a) the Strategic Environmental Assessment for administrative plans relevant to oceans and fisheries under the Environmental Impact Assessment Act, (b) the Environmental Impact Assessment for a larger than certain size of marine use activities taking place at marine spaces, such as reclamation of public waters under the Environmental Impact Assessment Act, and (c) the Sea Area Utilization Consultation and the Sea Area Utilization Impact Assessment under the Marine Environment Management Act.
▸ The Sea Area Utilization Consultation and the Sea Area Utilization Impact Assessment of which the Ministry of Oceans and Fisheries take the responsibility are based on the Marine Environment Management Act. Therefore, the assessment is not based on the unit of plan such as Strategic Environmental Assessment. Instead, the assessment is based on a project such as Simple Sea Area Utilization Consultation projects, General Sea Area Utilization Consultation projects and Sea Area Utilization Impact Assessment projects and others.
- The subjects of Sea Area Utilization Consultation are divided into Simple Sea Area Utilization Consultation projects and General Sea Area Utilization Consultation projects. While the former is considered small projects with low impact to the environment, the latter requires attentive review and consultation for having high impact to the marine environment. Whereas the former does not have assessment criteria, the latter has the total of nine assessment criteria including marine physics and marine chemistry.
▸ The Ministry of Environment takes charge of the Strategic Environmental Assessment and the Environmental Impact Assessment in accordance with the Environmental Impact Assessment Act. While the assessment for the Strategic Environmental Assessment is based on the unit of plan, the Environmental Impact Assessment is based on each project.
- The assessment subjects for the Strategic Environmental Assessment are policy plans and basic development plans. To be specific, the assessment criteria for the former include the compliance with environmental conservation plans, connection and consistency of the plans and their appropriateness and sustainability. Also, the assessment criteria for the latter consist of the appropriateness of plans and the feasibility of location.
▸ Major countries including the US, the UK, Australia and Japan operate the Marine Environmental Impact Assessment based on the laws relevant to the Environmental Impact Assessment. Having arranged organizations befitting to the conditions of each country, however, countries vary in terms of assessment subjects and processes.
▸ The Marine Environmental Impact Assessment can be applied to various cases in the filed as follows; the installation of inner break water at ports, the installation of offshore wind power generation related facilities, the construction of roads entering into thermal power plants, the installation of facilities for bringing or draining sea water, the extraction of sea sand and the disposal of dredging soil into ocean.
- The analysis of actual cases was able to draw the following implications; unclear regulations under the law, the absence of specific investigation and assessment items and the method of writing consultation form, and the necessity to secure the reliability of assessment statements and increasing the social acceptance of residents.
▸ The smooth operation of the Marine Environmental Impact Assessment ultimately depends on how to interpret contentious laws and regulations in the field and order administrative measures. Therefore, it is essential to analyze the cases of administrative appeal as well as those of legal interpretation.
- This study provides policy implications to subjects, scope and legal characteristics of the Marine Environmental Impact Assessment. To be specific, it suggests implications to deliberation results of environmental impact assessment consultation meetings and its proceeding powers, the scope of sea area utilization consultation and relevant issues of sea area transportation. In addition, such implications also include the subjects of the Sea Area Utilization Impact Assessment, extraction projects of minerals, subjects of the Strategic Environmental Assessment and designation of urban development areas.

Research Project Report 상세보기
A Study on the Improvement of the National Policy and Legislation to Ensure the Feasibility of Marine Environmental Impact Assessment
Report No. 2018-01 Research Manager Su Jin, Park
File

▸ The Marine Environmental Impact Assessment holds policy significance as the Prior Environmental Review System (PERS). Therefore, the Marine Environmental Impact Assessment enables administrative plans, programs and development programs (projects) targeting oceans to minimize its impact to the environment and promote the sustainable use of oceans.
- In this study, the Marine Environmental Impact Assessment includes the following assessments; (a) the Strategic Environmental Assessment for administrative plans relevant to oceans and fisheries under the Environmental Impact Assessment Act, (b) the Environmental Impact Assessment for a larger than certain size of marine use activities taking place at marine spaces, such as reclamation of public waters under the Environmental Impact Assessment Act, and (c) the Sea Area Utilization Consultation and the Sea Area Utilization Impact Assessment under the Marine Environment Management Act.
▸ The Sea Area Utilization Consultation and the Sea Area Utilization Impact Assessment of which the Ministry of Oceans and Fisheries take the responsibility are based on the Marine Environment Management Act. Therefore, the assessment is not based on the unit of plan such as Strategic Environmental Assessment. Instead, the assessment is based on a project such as Simple Sea Area Utilization Consultation projects, General Sea Area Utilization Consultation projects and Sea Area Utilization Impact Assessment projects and others.
- The subjects of Sea Area Utilization Consultation are divided into Simple Sea Area Utilization Consultation projects and General Sea Area Utilization Consultation projects. While the former is considered small projects with low impact to the environment, the latter requires attentive review and consultation for having high impact to the marine environment. Whereas the former does not have assessment criteria, the latter has the total of nine assessment criteria including marine physics and marine chemistry.
▸ The Ministry of Environment takes charge of the Strategic Environmental Assessment and the Environmental Impact Assessment in accordance with the Environmental Impact Assessment Act. While the assessment for the Strategic Environmental Assessment is based on the unit of plan, the Environmental Impact Assessment is based on each project.
- The assessment subjects for the Strategic Environmental Assessment are policy plans and basic development plans. To be specific, the assessment criteria for the former include the compliance with environmental conservation plans, connection and consistency of the plans and their appropriateness and sustainability. Also, the assessment criteria for the latter consist of the appropriateness of plans and the feasibility of location.
▸ Major countries including the US, the UK, Australia and Japan operate the Marine Environmental Impact Assessment based on the laws relevant to the Environmental Impact Assessment. Having arranged organizations befitting to the conditions of each country, however, countries vary in terms of assessment subjects and processes.
▸ The Marine Environmental Impact Assessment can be applied to various cases in the filed as follows; the installation of inner break water at ports, the installation of offshore wind power generation related facilities, the construction of roads entering into thermal power plants, the installation of facilities for bringing or draining sea water, the extraction of sea sand and the disposal of dredging soil into ocean.
- The analysis of actual cases was able to draw the following implications; unclear regulations under the law, the absence of specific investigation and assessment items and the method of writing consultation form, and the necessity to secure the reliability of assessment statements and increasing the social acceptance of residents.
▸ The smooth operation of the Marine Environmental Impact Assessment ultimately depends on how to interpret contentious laws and regulations in the field and order administrative measures. Therefore, it is essential to analyze the cases of administrative appeal as well as those of legal interpretation.
- This study provides policy implications to subjects, scope and legal characteristics of the Marine Environmental Impact Assessment. To be specific, it suggests implications to deliberation results of environmental impact assessment consultation meetings and its proceeding powers, the scope of sea area utilization consultation and relevant issues of sea area transportation. In addition, such implications also include the subjects of the Sea Area Utilization Impact Assessment, extraction projects of minerals, subjects of the Strategic Environmental Assessment and designation of urban development areas.

이전글, 다음글 읽기
이전글 A Study on the Improvement of the Policy for Public Waters Reclamation
다음글 A Study on Necessity and Action Plan for Maintaining Port Function in Preparation for an Earthquake