Act on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL Act No. 4534, Dec. 8, 1992 Amended by Act No. 4714, Jan. 5, 1994 Act No. 5391, Aug. 28, 1997 Act No. 5453, Dec. 13, 1997 Act No. 5529, Feb. 28, 1998 Act No. 5872, Feb. 8, 1999 Act No. 6361, Jan. 16, 2001 Act No. 8260, Jan. 19, 2007 Act No. 8470, May 17, 2007 Act No. 8852, Feb. 29, 2008 Act No. 10153, Mar. 22, 2010 Act No. 10893, Jul. 21, 2011 Act No. 10911, Jul. 25, 2011 Act No. 11690, Mar. 23, 2013 Act No. 11980, Jul. 30, 2013 Act No. 12465, Mar. 18, 2014 Act No. 13887, Jan. 27, 2016 Article 1 (Purpose) The purpose of this Act is to prevent any environmental pollution caused by the transboundary movement of wastes and to promote international cooperation by controlling the export, import, and inland transit of wastes for the purposes of implementing the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and bilateral, multilateral, or regional agreements based on the same Convention. Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1. The term "wastes" means wastes referred to in the Annexes, etc. of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention") and substances which are determined as necessary for the regulation of export and import by bilateral, multilateral, or regional agreements referred to in Article 11 of the Convention, which are prescribed by Presidential Decree; 2. The term "parties to the Convention" means countries or international organizations which have acceded to the Convention; 3. The term "movement documents" means any document specifying information to be included in the notification prescribed in the Annexes to the Convention. Article 3 (Scope of Application) (1) This Act shall not apply to radioactive substances prescribed in subparagraph 5 of Article 2 of the Nuclear Safety Act and substances contaminated thereby. (2) This Act shall not apply to wastes discharged in sea areas pursuant to the Marine Environment Management Act, and wastes discharged as a result of the navigation of ships. Article 4 (Obligations of State) (1) The State shall recognize the risk of harm to human health and the environment caused by transboundary movement of wastes, and adopt a proper policy to control and manage the export, import, and inland transit (hereinafter referred to as "export, import, etc.") of wastes for the protection of health of citizens and the prevention of environmental pollution. (2) The State shall cooperate with parties to the Convention, etc. to develop technology, to collect, utilize, and disseminate information, and to establish a management system, etc. for the proper control of wastes. (3) The State shall provide assistance to the development and transfer, etc. of technology related to wastes. Article 5 (Obligations of Exporters, Importers, etc. of Wastes) (1) No person who exports, imports, transports, or disposes of wastes shall cause any danger or harm to the environment and human health due to the export, import, etc. of wastes, and such person shall, in order to prevent such danger or harm, make positive efforts for the development of technology and mutual exchange of information. (2) If any danger or harm to the environment and human health is caused by the export, import, etc. of wastes, the person who exports, imports, transports, or disposes of wastes, shall take all measures necessary for the removal thereof. Article 6 (Permission for Exports of Wastes) (1) Any person who desires to export wastes shall obtain permission from the Minister of Environment as prescribed by Presidential Decree. The same shall also apply to cases where he/she desires to amend permitted matters. (2) The Minister of Environment may, if he/she receives an application for permission for the export of wastes referred to in paragraph (1) or application for amendment of permitted matters, grant permission thereon only where such case falls under any of the following subparagraphs: 1. Where no technology or facility is available domestically to treat the relevant wastes in a sound and proper manner; 2. Where the relevant wastes are needed as raw materials for recycling industries of the State of import. (3) If the Minister of Environment intends to grant an export permit referred to in paragraph (2), he/she shall obtain the consent of the State of import and the State of transit of wastes which he/she desires to export: Provided, That where prescribed by Presidential Decree, he/she may grant permission without obtaining such consent. (4) In granting the permission under paragraph (2), the Minister of Environment may attach any condition necessary to such permission. (5) Where wastes of the same physical and chemical properties are exported to the same person through the same domestic customshouse and the same customshouse of the State of import, the Minister of Environment may permit such export by fixing a period within the limit of 12 months. Article 7 (Preparation, etc. of Export Movement Documents) (1) A person who is granted permission for the export of wastes (including permission for amendments; hereinafter the same shall apply) under Article 6 (1) shall formulate movement documents with respect to the export wastes (hereinafter referred to as "export movement documents") as prescribed by Presidential Decree. The same shall also apply to an amendment to the details of such export movement documents. (2) Where a person who is granted permission for the export of wastes ceases to export the relevant wastes, he/she shall report to the Minister of Environment along with the relevant export movement documents as prescribed by Presidential Decree. Article 8 (Transportation of Export Wastes) (1) A person who transports export wastes shall carry the export movement documents with respect to the relevant wastes, and in cases where he/she delivers them, he/she shall enter the date of delivery and other matters prescribed by Presidential Decree into such documents and sign thereon. (2) A person who transports export wastes shall observe the details described in the export movement document: Provided, That the same shall not apply to cases where he/she ships them in according to an order to ship in under Article 20 (1). Article 9 Deleted. <by Act No. 5872, Feb. 8, 1999> Article 10 (Permission for Import of Wastes) (1) Any person who desires to import wastes shall obtain permission from the Minister of Environment as prescribed by Presidential Decree. The same shall also apply where he/she desires to amend permitted matters. (2) The Minister of Environment may, if he/she receives an application for permission for the import of wastes referred to in paragraph (1) or application for amendment to permitted matters, grant permission thereon only where such case falls under any of the following subparagraphs: 1. Where the technology and facilities necessary to treat the relevant wastes in a sound and proper manner are available; 2. Where the relevant wastes are used as raw materials for recycling industries. (3) In granting permission for import as referred to in paragraph (2), the Minister of Environment shall not grant such permission for import unless the competent authority of the State of export makes any request for the consent to the import of wastes: Provided, That the same shall not apply where they are not provided for as wastes subject to control of transboundary movements pursuant to statutes of the State of export. (4) When the competent authority of the State of export has made a request for consent to the import of wastes, the Minister of Environment shall decide whether to consent to the import of wastes and notify the State of export therof. (5) The Minister of Environment may, in granting permission under paragraph (2), attach necessary conditions thereto. (6) Where wastes of the same physical and chemical properties are imported to the same person through the same customshouse of the State of export and the same domestic customshouse, the Minister of Environment may permit such import by fixing a period within the limit of 12 months. Article 11 (Preparation of Import Movement Documents) Any person who has obtained permission for the import of wastes (including permission for amendments; hereinafter the same shall apply) under Article 10 (1) shall, if he/she imports the relevant wastes, prepare movement documents with respect to the relevant import wastes (hereinafter referred to as "import movement documents") as prescribed by Presidential Decree. The same shall also apply to an amendment to the details of import movement documents. Article 11-2 (Handover, Takeover, etc. of Import Wastes) (1) Any person who has obtained permission for the import of wastes under Article 10 (1) or transports or disposes of import wastes under Article 12 (1) shall enter the matters concerning handover and takeover of the relevant import wastes into an electronic information processing program as referred to in the Article 11-3 whenever the wastes are imported, transported, or disposed of. (2) Necessary matters concerning the details, method, timing, etc. of entry of data into the electronic information processing program under paragraph (1) shall be prescribed by Presidential Decree. Article 11-3 (Electronic Processing of Handover and Takeover, etc. of Import Wastes) (1) The Minister of Environment shall set up and operate an electronic information processing program capable of computerizing information on the handover and takeover, etc. of import wastes (hereinafter referred to as "electronic information processing program"). (2) The Minister of Environment may collect all or part of the cost for the use of the program from the user of the electronic information processing program. (3) Where a person, etc. who intends to import wastes enters details of his/her duties, such as reporting, etc. prescribed by Presidential Decree, by using the electronic information processing program, he/she shall be deemed to have fulfilled the relevant duties. (4) The Minister of Environment shall keep the details of handover and takeover of the import wastes entered into the electronic information processing program for three years. Article 12 (Transportation or Disposal of Import Wastes) (1) Any person who transports or disposes of import wastes shall carry with him/her import movement documents and movement documents issued in accordance with the statutes of the State of export (applicable only to cases where such import wastes are prescribed by the statutes of the State of export as wastes subject to the control of transboundary movement; hereinafter referred to as "movement documents issued by the State of export") and printed documents related to the details of handover and takeover as referred to in Article 11-2 (1), and where he/she delivers the import wastes, he/she shall enter the date of delivery and other matters prescribed by Presidential Decree in the import movement documents and sign thereon. (2) Any person who transports or disposes of import wastes shall observe the details described in the relevant import movement documents: Provided, That this shall not apply where they are shipped out according to an order to ship out under Article 20 (1). Article 13 Deleted. <by Act No. 11980, Jul. 30, 2013> Article 14 (Notice of Treatment Results, etc. of Import Wastes) Any person who has completed the treatment of import wastes shall send, without delay, documents describing the receipt of the relevant wastes and the results of their treatment to the competent authority of the State of export and the exporter, and submit the copy thereof to the Minister of Environment, as prescribed by Presidential Decree. Article 15 (Revocation of Permission for Export or Import of Wastes) Where a person who has obtained permission for the export or import of wastes falls under any of the following subparagraphs, the Minister of Environment may revoke his/her permission: 1. Where he/she obtains permission by fraud or other improper means; 2. Where he/she fails to fulfill any condition provided for in Article 6 (4) or 10 (5); 3. Where new information reveals that the wastes of which export or import is permitted cause any environmental pollution not anticipated at the time the permission was granted; 4. Where he/she fails to prepare an export movement document (including amendments to the details entered in such document), in violation of Article 7 (1), or prepares such document in a false manner; 5. Where he/she fails to observe the details described in an export movement document, in violation of Article 8 (2); 6. Where he/she fails to prepare an import movement document (including amendments to the details entered in such document), in violation of Article 11 or prepares such document in a false manner; 7. Where he/she fails to observe the details described in an import movement document, in violation of Article 12 (2); 8. Where he/she violates the restrictions referred to in Article 18 (1) or (2); 9. Where he/she violates an order to ship in, etc. under Article 20 (1); 10. When he/she refuses, obstructs, or evades access and inspection referred to in Article 22 (1). Article 16 (Agreements, etc. on Transit of Wastes) (1) Where the competent authority of the State of export makes a request for consent to transit export wastes through Korea, the Minister of Environment shall determine whether he/she consents to it and notify the State of export therof. (2) Where a person who desires to export wastes to another country passing through Korea does not obtain the consent referred to in paragraph (1), he/she may not pass the wastes through Korea. Article 17 (Control over Export or Import Wastes) (1) Any person who desires to export or import wastes shall pack the wastes or apply marks, etc. to such wastes, as prescribed by Presidential Decree. (2) Except as otherwise provided for in this Act, the Wastes Control Act or the Act on the Promotion of Saving and Recycling of Resources shall apply to the transportation, keeping, disposal, recycling, etc. of export or import wastes. Article 18 (Designation of Export or Import Port, etc.) (1) In granting permission for the export or import of wastes, the Minister of Environment may designate any port for the shipment or loading and unloading or restrict any zone for the shipment or loading and unloading after consulting with the Minister of Oceans and Fisheries. (2) In giving his/her consent to any transit of wastes through Korea, the Minister of Environment may restrict the transit port or transit area, after consulting with the Minister of Oceans and Fisheries. Article 19 (Prohibition on Export and Import) (1) Where there arises any of the following causes to take emergency measure for the protection of human health and conservation of environment, the Minister of Environment may ban or limit export or import of wastes by fixing a period, as prescribed by Presidential Decree: <Amended by Act No. 13887, Jan. 27, 2016> 1. Where it is intended to import wastes from areas, import from which is banned or restricted by the Minister of Environment, including areas where nuclear accidents occurred; 2. Where the wastes contain toxic substances specified by Presidential Decree, the level of which is equal to or higher than the standards announced by the Minister of Environment. (2) Any wastes that are feared to pose risks to human health and the environment shall be prohibited from being exported or imported. (3) Any wastes shall be prohibited from being exported to any nation that lacks proper capacity to treat such wastes. (4) The wastes subject to prohibition of import or export under paragraph (2) and the nations subject to prohibition of export under paragraph (3) shall be prescribed by Presidential Decree. Article 20 (Order to Ship in, etc.) (1) Where a person who has exported or import wastes falls under any of the following subparagraphs, the Minister of Environment may order him/her to ship in or out the relevant wastes for a fixed period of time, or order him/her to manage them by proper means: <Amended by Act No. 13887, Jan. 27, 2016> 1. Where he/she exports or imports such wastes without obtaining permission provided for in Article 6 (1) or 10 (1); 2. Where he/she exports or imports such wastes without fulfilling the conditions provided for in Article 6 (4) or 10 (5); 3. Where the contents of the request for consent to import by the State of export under Article 10 (4) do not agree with the details of the movement documents issued by the State of export; 4. Where it is deemed that the export or import wastes are remarkably dangerous enough to cause any environmental pollution not anticipated at the time permission was granted; 5. Where it is found in the inspections under Article 22 (1) that the toxic substances under Article 19 (1) 2 are contained in levels equal to or higher than the standards. (2) Where the head of an administrative agency concerned finds that a person who has exported or import wastes falls under any subparagraph of paragraph (1), he/she may request the Minister of Environment to take any necessary measures, such as issuance of an order to ship in or out such wastes. (3) The Minister of Environment shall, upon receiving a request referred to in paragraph (2), take proper measures thereon and notify the head of the relevant administrative agency of the outcome of such measures. Article 21 (Vicarious Execution) Where a person who has received an order under Article 20 (1) fails to carry out such order for the prescribed period, the Minister of Environment shall execute it vicariously as prescribed by the Administrative Vicarious Execution Act, and may collect the expenses for such execution from the person who has exported or imported the relevant wastes. Article 21-2 (Recording and Preservation of Books) A person falling under any of the following subparagraphs shall prepare the books, as prescribed by Presidential Decree, record importation and exportation, transportation, disposal, etc. of wastes, and preserve them for three years: Provided, That this shall not apply where the relevant matters have been entered into the electronic information processing program: 1. A person who has obtained permission for export under Article 6 (1); 2. A person who has obtained permission for import under Article 10 (1); 3. A person who transports or disposes of import wastes under Article 12 (1). Article 22 (Reports, Inspections, etc.) (1) The Minister of Environment may require any of the following persons to file a report, or may request him/her to submit materials, or may have any related public official enter any office, business place, bonded area, etc. under Article 154 of the Customs Act in order to inspect the relevant documents, facilities, equipment, etc., as prescribed by Presidential Decree: 1. A person who has obtained permission for export under Article 6 (1); 2. A person who transports export wastes under Article 8 (1); 3. A person who has obtained permission for import under Article 10 (1); 4. A person who transports or disposes of import wastes under Article 12 (1); (2) Any public official who intends to conduct an inspection under paragraph (1) shall notify a business operator subject to the inspection of the inspection plan, including date and time, purpose of inspection, subject-matters to be inspected, etc., by not later than seven days before the inspection: Provided, That this shall not apply where it is deemed that the purpose of the inspection cannot be achieved if the notification is given in advance. (3) Any public official who enters to conduct an inspection under paragraph (1) shall carry a certificate indicating his/her authority and produce it to the related persons. Article 23 (Fees) (1) Any person who desires to obtain permission for export prescribed in Article 6 (1), or permission for import prescribed in Article 10 (1), shall pay a fee. (2) The methods of calculation and payment, and the procedure for payment, of the fee referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. (3) The fee collected under paragraph (1) shall be paid to the revenue of the special accounts on environment improvement under the Framework Act on Environmental Policy. Article 24 (Cooperation with Related Agency) Where it is deemed necessary for attaining the purpose of this Act, the Minister of Environment may request the head of any related administrative agency to furnish necessary materials. In such case, the head of the related administrative agency shall comply with such request unless there is a compelling reason not to do so. Article 25 (Designation of Competent Authority, etc.) For the purpose of fulfilling the contents of the Convention, the Government shall designate the competent authority and liaison officer, and notify the Secretariat of the Convention thereof. Article 26 Deleted. <by Act No. 5453, Dec. 13, 1997> Article 27 (Delegation and Consignment of Authority) (1) The authority of the Minister of Environment vested under this Act may be delegated partially to the head of any agency under his/her jurisdiction or to the head of any related administrative agency, or may be entrusted to any corporation or organization prescribed by Presidential Decree, as prescribed by Presidential Decree. (2) The Minister of Environment may order any person to whom authority is delegated or entrusted to make a necessary report with regard to the affairs delegated or entrusted under paragraph (1). Article 28 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 12465, Mar. 18, 2014> 1. A person who exports or imports wastes without obtaining permission under Article 6 (1) or 10 (1); 2. A person who violates any order issued under Article 20 (1). Article 29 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or a by fine not exceeding 30 million won: <Amended by Act No. 12465, Mar. 18, 2014> 1. A person who fails to prepare an export movement document (including amendments to the details entered into such documents) or prepares such document in a false manner, in violation of Article 7 (1); 2. A person who fails to observe the details described in the export movement document, in violation of Article 8 (2); 3. A person who fails to prepare an import movement document (including amending to the details entered into such documents) or prepares such document in a false manner, in violation of Article 11; 4. A person who fails to observe the details described in the import movement document, in violation of Article 12 (2). Article 30 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12465, Mar. 18, 2014> 1. A person who violates the restriction prescribed in Article 18 (1) or (2); 2. A person who refuses, interferes with, or avoids any access or inspection referred to in Article 22 (1). Article 31 (Joint Penalty Provisions) Where a representative of a corporation, or an agent, employee, or any other servant of a corporation or individual commits any offense under Articles 28 through 30 in connection with the business of the corporation or individual, in addition to the punishment of such offender, the corporation or individual shall be punished by a fine under each relevant provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense, this shall not apply. Article 32 (Administrative Fines) (1) A person who fails to enter the matters regarding handover and takeover of import wastes into the electronic information processing program or enters such matters by false or other unlawful means, in violation of Article 11-2 (1), shall be punished by an administrative fine not exceeding three million won. (2) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding one million: 1. A person who fails to file a report, in violation of Article 7 (2); 2. A person who fails to carry with him/her an export movement document or to enter pertinent matters in the said document or sign thereon, in violation of Article 8 (1); 3. A person who fails to carry with him/her an import movement document or a movement document issued by the State of export or to enter the pertinent matters into the said document or sign thereon, in violation Article 12 (1); 4. A person who fails to send the document describing the receipt of import wastes and the results of their disposal to the competent authority of the State of export and the exporter of the said wastes, or to submit the copy thereof to the Minister of Environment; 5. A person who fails to pack the wastes or apply marks, etc. thereto in violation of Article 17 (1); 6. A person who fails to make a record of the books or keep them as prescribed in Article 21-2, or who makes a false record thereof; 7. A person who fails to file a report or present materials as prescribed in Article 22 (1), or who files a false report or presents false materials. (3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree. ADDENDA (1) (Enforcement Date) This Act shall enter into force on the day on which the Convention becomes effective in Korea. (2) (Transitional Measures) Any person who has obtained the approval for the Minister of Trade, Industry and Energy on the import of wastes pursuant to the provisions of the Foreign Trade Act at the time this Act enters into force, shall be considered to have obtained the import permit under this Act during the term for which the approval for import is valid. ADDENDA <Act No. 4714, Jan. 5, 1994> Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1995. Articles 2 and 3 Omitted. ADDENDUM <Act No. 5391, Aug. 28, 1997> This Act shall enter into force on January 1, 1998. ADDENDA <Act No. 5453, Dec. 13, 1997> Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1998. (Proviso Omitted.) Article 2 Omitted. ADDENDA <Act No. 5529, Feb. 28, 1998> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 7 Omitted. ADDENDA <Act No. 5872, Feb. 8, 1999> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures for Application of Administrative Fines) The application of administrative fines to offenses committed before this Act enters into force shall be governed by the previous provisions. ADDENDA <Act No. 6361, Jan. 16, 2001> (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Transitional Measures concerning Change in Authority for Export and Import Permits) A person who is granted a permit to export or import wastes by the Minister of Commerce, Industry and Energy under the previous provisions at the time this Act enters into force shall be deemed to have been granted a permit to export or import the relevant wastes by the Minister of Environment under this Act. (3) (Transitional Measures concerning Application of Administrative Fines) The application of administrative fines to any act conducted before this Act enters into force shall be governed by the previous provisions: Provided, that the imposition and collection of administrative fines shall be governed by the amended provisions. ADDENDA <Act No. 8260, Jan. 19, 2007> Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.) Articles 2 through 24 Omitted. ADDENDA <Act No. 8470, May 17, 2007> (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Transitional Measures concerning Period for Permission on Export and Import of Wastes) A person who had already obtained permission referred to in Article 6 (4) or 10 (6) at the time when this Act enters into force in accordance with the previous provisions shall be deemed to have obtained permission in accordance with the amended provisions of Article 6 (2) or 10 (2) only for such period of time. ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 7 Omitted. ADDENDA <Act No. 10153, Mar. 22, 2010> (1) (Enforcement Date) This Act shall enter into force shall enter into force six months after the date of its promulgation. (2) (Transitional Measures concerning Application of Penalty Provisions) The application of penalty provisions to offenses committed before this Act enters into force shall be governed by the previous provisions. ADDENDA <Act No. 10893, Jul. 21, 2011> Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. Articles 2 through 6 Omitted. ADDENDA <Act No. 10911, Jul. 25, 2011> Article 1 (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. Articles 2 through 5 Omitted. ADDENDA <Act No. 11690, Mar. 23, 2013> Article 1 (Enforcement Date) (1) This Act shall enter into force on the date of its promulgation. (2) Omitted. Articles 2 through 7 Omitted. ADDENDA <Act No. 11980, Jul. 30, 2013> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 21-2 shall enter into force six months after the date of its promulgation. Article 2 Omitted. Articles 3 (Relationship with other Statutes) Where any other statutes cite the previous Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal or any provisions thereof at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the previous provisions, if any provisions corresponding thereto exist in this Act. ADDENDUM <Act No. 12465, Mar. 18, 2014> This Act shall enter into force on the date of its promulgation. ADDENDUM <Act No. 13887, Jan. 27, 2016> This Act shall enter into force on the date of its promulgation.