Public-Waters Occupancy Permit: Project

Article 8 (Permission to Occupy or Use of Public Waters)

제8조(공유수면의 점용ㆍ사용허가)

KWI translation. The Korean text of this Article changed after the official English translation; KWI amended the official English to match.

(1) A person who intends to perform any of the following acts shall obtain permission to occupy or use of public waters (hereinafter referred to as "occupancy or use") from the management agency of public waters (hereinafter referred to as "permission to occupy or use") as prescribed by Presidential Decree:

• 1. Newly constructing, renovating, extending, altering, or removing a wharf, a breakwater, a bridge, a floodgate, new and renewable energy facilities (referring to renewable energy facilities referred to in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of Renewable Energy, fuel cells, etc. referred to in subparagraph 6 of Article 2 of the Hydrogen Economy Promotion and Hydrogen Safety Management Act, and hydrogen energy facilities referred to in subparagraph 12 of Article 2 of that Act; hereafter in this Chapter the same shall apply), a building (referring to a building provided for in Article 2 (1) 2 of the Building Act which is installed without developing land on the pubic waters; hereafter in this Chapter the same shall apply), or other artificial structure on any public waters;
• 2. Excavating any land contiguous to public waters below the surface of the public waters;
• 3. Dredging or excavating the bottom of public waters;

Further text omitted.

Article 12 (Standards for Permission to Occupy or Use)

제12조(점용ㆍ사용허가 등의 기준)

(1) Where the management agency of public waters grants permission to occupy or use, or has a consultation on or gives approval for occupancy or use pursuant to Article 8 or 10, it shall take the following matters into account: <Newly Inserted on Dec. 27, 2022>1. Appropriateness of the area, period, method, etc. of occupancy or use of public waters;

• 2. Whether such permission, consultation, or approval conforms to a marine spatial plan under the Act on Marine Spatial Planning and Management;
• 3. Impacts on the marine environment, the marine ecosystem, natural landscape, marine traffic safety, the management and operation of public waters, national security, etc.;
• 4. Impacts on fisheries, such as fishing activities;

Further text omitted.