1.

Introduction of Differentiated Assessment Systems (In-Depth Assessment and Expedited Assessment) Considering Different Degrees of Environmental Impact

The previous version of the Act classified environmental impact assessments into (i) strategic environmental impact assessments, (ii) environmental impact assessments, and (iii) small-scale environmental impact assessments. However, the system has been criticized for lacking flexibility, as projects subject to the assessment are uniformly determined based on the type and scale of each project, without considering each project’s actual impact on nature and the living environment.

In this regard, the Amendment aims to enhance the efficiency and flexibility of the assessment system by differentiating the assessment and consultation procedures in accordance with the degree of impact that a project subject to environmental impact assessment may have on the natural environment and living environment. First, when determining evaluation factors for an environmental assessment, if a project is expected to have a significant impact on the natural or living environment of the target area, the head of the relevant agency or the Minister of Environment shall decide whether the project requires an in-depth assessment upon deliberation by the Environmental Impact Assessment Council. In principle, once a project is determined to be subject to an in-depth assessment, its operator shall hold a public hearing to gather opinions of residents, among others.

In contrast, if a project subject to a general environmental impact assessment or a small-scale environmental impact assessment is expected to have minor impacts on both the natural environment and the living environment, a project operator may request that the Minister of Environment determine whether the project can be subject to an expedited assessment. Upon receiving such request, the Minister of Environment will determine whether the project ought to be subject to an expedited assessment after gathering opinions from residents, among others, and following deliberation by the Environmental Impact Assessment Council. If the project is determined to be subject to an expedited assessment, the following may be omitted: (i) procedures for determining assessment items and scope, (ii) preparation of an initial draft of an environmental impact assessment report, (iii) gathering of opinions from residents, (iv) preparation of the environmental impact assessment report, and (v) request for consultation. In the case of a small-scale environmental impact assessment, procedures such as preparation of a small-scale environmental impact assessment report and request for consultation may be omitted. However, environmental conservation measures must still be prepared in accordance with the implementation of project plans.

Differentiated assessment systems will be implemented starting from October 23, 2025. However, the provisions on in-depth assessments will apply to cases when the Environmental Impact Assessment Council is formed to deliberate on assessment items and scope after the Amendment enters into force.
 

2.

Introduction of Objection System to Appeal Against Minister of Environment’s Request for Supplementation of Assessment Reports

The previous version of the Act provided that the Minister of Environment may, if necessary, request a project operator or head of the relevant agency to supplement or modify environmental impact assessment reports or project plans in the course of its review. However, it was pointed out that neither the project operator nor head of the relevant agency had any grounds or procedures for appealing the Minister of Environment’s decision, and therefore, the system did not provide sufficient opportunities for procedural justice and left little room to accommodate what has been discussed.

To address this issue, the Amendment establishes a legal basis for raising objections, which allows project operators or the head of the relevant agency to appeal the Minister of Environment’s decision to request supplementation or modification of environmental impact assessment reports or project plans. This process is analogous to the procedure for appealing the Minister of Environment’s decision to request a project operator or head of the relevant agency to re-examine the scope, details and implementation date of the project in question.

The system for raising objections went into effect on October 22, 2024, and will apply when the Minister of Environment requests supplementation or modification.
 

3.

Establishment of Grounds for Omitting Request for Re-Consultation in Cases Where Changes in Surroundings are Minor

The previous Act mandated a re-consultation procedure if construction has not commenced within five years from the date of project approval. Where conditions/circumstances surrounding the project have only changed slightly despite the passage of five years, the Act stipulates that the re-consultation procedure may be omitted upon consultation with the Minister of Environment. However, in cases where construction has not commenced within five years from the date of project approval due to cancellation, lapse of validity of approval, or delayed approval/finalization after receipt of a notice from the Minister of Environment (which is similar to the case described above where construction has not commenced within five years from the date of project approval), the Act has been criticized for not providing a flexible or reasonable ground for omitting the re-consultation procedure based on the degree of change in the surrounding circumstances.

In response to such criticism, the Amendment establishes the legal grounds for the head of the relevant agency to omit the re-consultation procedure (in consultation with the Minister of Environment) in cases where (i) a project subject to environmental impact assessment is canceled or invalidated after being finalized through consultation with the Minister of Environment, or (ii) the approval or finalization of a project subject to environmental impact assessment is delayed after consultation with the Minister of Environment, provided that a certain period of time has elapsed since the head of the relevant agency was notified of the details of the consultation and that changes in the surrounding circumstances are minor.

A request for omitting the re-consultation procedure can be made starting from February 21, 2025, and will be effective upon the occurrence of any of the events set forth above after the effective date.
 

4.

Miscellaneous

In addition, the Amendment includes the establishment of (i) a provision that prohibits any person who is not an environmental impact assessment engineer from participating in the preparation of an environmental impact assessment report, and (ii) the obligation to comply with the standards for calculating service fees as notified by the Minister of Environment when a contracting authority retains an agent and executes a services agreement for the preparation of an environmental impact assessment report on its behalf.