Key Details of the Amended Enforcement Decree and Enforcement Rules of the Natural Environment Conservation Act Concerning Private Participation in Ecological Restoration Projects

As explained in our previous newsletter (December 2025), the amended Natural Environment Conservation Act (Act No. 20821, promulgated on March 18, 2025; the “NECA”) came into effect on March 19, 2026. For the implementation of the amended NECA, the Enforcement Decree/Rules of the NECA have now been revised to stipulate specific matters in connection with the amended provisions.

In this newsletter, we will outline the key provisions of the amended Enforcement Decree/Rules, with a focus on private participation in ecological restoration projects.

Amended Enforcement Decree

Under the amended NECA dated March 18, 2025, Article 45-7 (Private Participation in Ecological Restoration Projects, etc.) and Article 45-8 (Certification of Excellent Ecological Restoration Projects) were newly introduced. Consequently, the Enforcement Decree was revised to set forth specific matters delegated by the amended NECA, including the procedures for private participation, accreditation of related performance, and certification of excellent ecological restoration projects.

(1)

Procedures for Private Participation (Articles 35-9, 35-10, and 35-11 of the Enforcement Decree)

Under the amended Enforcement Decree, private participation may proceed as follows:

Step 1

Submission of an application

A company that intends to participate by donating or rent-free leasing property/land is required to submit an application for participation, along with relevant documents (price, drawings, documents evidencing ownership, etc. of the subject property), to the Minister of Climate, Energy and Environment (“MCEE”).

Step 2

Review of the application

The MCEE will confirm whether the relevant (local) government is willing to accept the donation, etc. and notify the applicant of its result.
The head of the (local) government that intends to accept the donation, etc. will review the purpose of the donation, etc. and whether biodiversity would be enhanced by the applicant’s participation in ecological restoration.

※	If relevant matters are determined to be inappropriate during the review process, the donation or rent-free lease may not be accepted.

Step 3

Execution of the project

The property/land subject to donation, etc. should only be used for the purpose of the relevant ecological restoration project.
By the end of February each year, the head of the Ecological Restoration Support Center is required to check the history of donations and rent-free leases made in the preceding year, as well as their usage and management status, and submit the results to the MCEE.

Step 4

Accreditation of performance & certification

Companies’ participation in ecological restoration projects will be officially recognized and managed as activities contributing to the enhancement of biodiversity. Separate certification may be issued for excellent ecological restoration projects.

(2)

Performance Accreditation System (Article 35-10 of the Enforcement Decree)

The MCEE is required to keep a record of and retain the following matters in its logs to ensure that companies’ performance records of private participation in ecological restoration projects can be used for their activities contributing to the enhancement of biodiversity. Upon receipt of a request for performance accreditation from a participant, the MCEE must provide the participant with an access to the relevant logs, or documents on performance accreditation.

Items To Be Recorded and Retained	Details
Information on the Participant	Address and name of the participant that has participated by donating or rent-free leasing property/land
Details of Participation	Methods, details, scale, and quantity of participation
Activities Contributing to the Enhancement of Biodiversity	Carbon absorption; Enhancement of biodiversity and the ecosystem structure and function; Pollutant reduction; Contribution to providing education on natural environment conservation; Governance operation, etc.

※ As delegated by the amended NECA, the MCEE may separately set out any and all detailed matters for performance accreditation.

(3)

Certification of Excellent Ecological Restoration Projects (Article 35-11 of the Enforcement Decree)

Ecological restoration projects that are managed in an ecologically and environmentally excellent manner may be certified as “Excellent Ecological Restoration Projects,” and only those institutions designated as “Ecological Restoration Support Center” under the amended Enforcement Decree may be involved in the certification process.

(4)

Ecological Restoration Support Center (Articles 35-12 of the Enforcement Decree)

The amended Enforcement Decree prescribes the requirements and procedures for designating Ecological Restoration Support Centers that can serve as a channel for private participation in ecological restoration projects.

Classification	Details
Designation Targets	Organizations with expertise, such as the Korea Environment Institute, the National Nature Trust, and non-profit corporations/groups
Major Roles and Responsibilities	Receipt of applications for private participation; formation of a public-private consultative body; keeping a record and management of private participation; evaluation and certification of excellent ecological restoration projects; provision of education, execution of promotional activities, and training of manpower
Designation Process	An applicant submits its application for designation, along with statements of its facilities and manpower, documents evidencing its expertise, and its operation plan. → The MCEE designates the applicant as Ecological Restoration Support Center, following its review of the applicant’s expertise and competency.
Revocation of Designation	Designation may be revoked if the designee fails to meet the requirements for facilities and manpower, or fails to perform its roles and responsibilities for at least one year without any justifiable reason.

Amended Enforcement Rules (Re Ecological Restoration Projects)

The amended Enforcement Rules prescribe, in detail, (i) the methods of private participation in ecological restoration projects, (ii) the certification procedures and standards for excellent ecological restoration projects, and (iii) the designation standards for Ecological Restoration Support Centers. The key provisions of the amended Enforcement Rule are summarized as follows:

(1)

Specific Methods of Private Participation (Article 28-4 of the Enforcement Rules)

The amended Enforcement Rules specify the following methods of private participation, as delegated by Article 45-7, Paragraph 1, Item 3 of the amended NECA:

Methods of Participation	Details
Rent-free Lease of Land/Property	A company may provide a rent-free lease of its land/property to the central or local government.
Direct Execution of a Project	A company may directly implement an ecological restoration project on its land, donated land, or the land it has provided for a rent-free lease.
Provision of Manpower and Technical Capabilities	A company may provide its professionals or technical capabilities (in the fields of design, construction, and post-maintenance/management) free of charge.
Others	A company may provide a rent-free lease of its property that the MCEE acknowledges as necessary for the enhancement of biodiversity.

(2)

Certification Procedures and Standards for Excellent Ecological Restoration Projects (Articles 28-5 and 28-6 of the Enforcement Rules)

The amended Enforcement Rules specify the following certification procedures and standards for excellent ecological restoration projects, as well as the certification revocation procedures:

Classification	Details
Application for Certification	An applicant submits its application for certification of excellent ecological restoration projects, along with an introduction of its business, and documents evidencing that it meets the certification standards, to the head of Ecological Restoration Support Center.
Certification Standards	Certification standards under Table 2-3: (i) the procedures for an ecological restoration project (e.g., consistency with the list of candidate areas in need of ecological restoration; compliance with the execution procedures, and collection of opinions from stakeholders), and (ii) the effects of the ecological restoration project (e.g., structural and functional restoration of the target area; and identification of quantitative changes).
Issuance of Certificate	A certificate is issued after the head of the specialized certification institution conducts a review of whether the applicant meets the certification standards. The certification is also posted on the websites of the MCEE/Ecological Restoration Support Center.
Revocation of Certification	Upon the occurrence of grounds to certification revocation, an advance notice is issued (to allow a period for submitting explanatory materials). → If no explanatory materials are submitted, a second advance notice will be issued. → If explanatory materials are still not submitted, or if there is no valid reason, the certification will be revoked. Thereafter, the certificate will have to be returned, and the revocation will be announced on the websites of the MCEE/Ecological Restoration Support Center.

(3)

Designation Standards for Ecological Restoration Support Centers (Article 28-7 and Table 2-4 of the Enforcement Rules)

Table 2-4 of the amended Enforcement Rules sets forth the standards for facilities and manpower that must be satisfied for the designation as an Ecological Restoration Support Center. In addition to the designation requirements stipulated in the amended Enforcement Decree (i.e., organizations, etc. with expertise), the amended Enforcement Rules further specify the standards for facilities and manpower.

Implications

With the implementation of the amended Enforcement Decree, specific procedures and requirements for private participation in ecological restoration projects have been established, thereby providing an institutional foundation for the private sector to practically participate in ecological restoration projects. Furthermore, through the amended Enforcement Rules, (i) the methods of private participation (e.g., provision of manpower or technical capabilities), (ii) specific procedures and standards for excellent ecological restoration projects, and (iii) the standards for Ecological Restoration Support Centers have been defined in greater detail. These changes hold the following significance:

As companies’ performance records on private participation are officially recorded and managed, a system will be established to allow companies to receive official accreditation for their contribution to biodiversity, thereby enabling them to use such contribution records for their ESG management.
As companies’ performance records are managed per contribution item (e.g., carbon absorption; enhancement of the ecosystem structure and function; and pollutant reduction), companies will likely use such records for their environment-related reports and disclosures.
Through the certification system for excellent ecological restoration projects, it will be possible to improve the quality of ecological restoration projects and contribute to enhancing the reputation of companies.
As the amended Enforcement Rules have allowed companies to participate in ecological restoration projects by providing their manpower or technical capabilities (in the fields of design, construction, and maintenance/management) free of charge, companies now have more ways to participate in ecological restoration projects, in lieu of only donating or rent-free leasing property/land.

[Korean Version]

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