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Exporting and Importing Wastes Portal System

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Home > Law > Wastes Control Act

1. Overview

  • The current domestic laws of waste management are the "Wastes Control Act," "Act on the Control of Transboundary Movement of Hazardous Wastes," "Act on the Promotion of Saving and Recycling of Resources" and "Promotion of Installation of Waste Disposal Facilities Act".
  • Among them, the existing provisions of the domestic "Waste Control Act" are the basic law for waste control.

2. Wastes Control Act

  • History
    • The Waste Control Act was enacted Mar. 8, 1991 and has been amended more than ten times, with the most recent amendment on amended Aug 3, 2007.
  • Purpose
    • The Waste Control Act is the parent law for all waste laws, and the purpose of this act is to contribute to environmental conservation and the enhancement of the quality of life for people by minimizing the production of wastes and properly disposing of wastes generated.
  • Contents
    • This law is composed of seven chapters, 68 articles and supplementary provisions and is divided into five content areas: General Provisions, Discharge and Management of Wastes, Waste Management Businesses, Guidance For and Supervision over Waste Management Business Operators and Supplementary Provisions.
    • Wastes Contents of statute
      Wastes Control Act Contents of statute
      Chapter 1 Purpose and definition of the law, obligation of each authority and total was management plan
      Chapter 2 Regulations about generation and disposal of wastes
      Chapter 3 Deleted. <by Act No. 8613, Aug. 3, 2007 >
      Chapter 4 Installation, inspection, management and transfer of obligations of waste disposal facilities
      Chapter 5 Guidance for and supervision over waste management business operators
      Chapter 6 Electronic processing, recycling reports and follow-up management of waste disposal facilities
      Chapter 7 Penal provisions about punishment and fees
  • Introduction of statutes about export and import of wastes
    • Article 24-2 (Report on Waste Import or Export)
    • ① A person who intends to import or export waste specified and publicly announced by the Minister of the Environment shall, as prescribed by Ordinance of the Ministry of the Environment, report it to the Minister of the Environment along with documents stating matters prescribed by Ordinance of the Ministry of the Environment, such as the types and quantity of wastes, plans for disposal, etc. (skip)
    • Article 24-3 (Disposal of Imported Waste)
    • ① A person who has filed an import report under Article 24-2 (1) or a person who has obtained permission for import under the Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal shall dispose of such imported wastes (hereafter referred to as “imported wastes”) by himself/herself or shall commission the disposal of such waste to a person falling under any of the following subparagraphs: (skip)
    • ② A person who has filed an import report under Article 24-2 (1) or who transports and disposes of such imported wastes shall transmit matters concerning the delivery and receipt of wastes into the electronic information processing program under Article 45 (2), as prescribed by the Ordinance of the Ministry of the Environment, whenever he/she has imported, discharged, transported or disposed of such wastes. (skip)
    • ③ No imported wastes may be exported in the same state or condition as they were imported.
  • Recent legislation amendments
    • Transfer procedure for the discharge, transportation and disposal of wastes (Article 18)
    • In the cases of commercial wastes specified by Ordinance of the Ministry of the Environment, a person shall transmit matters into the electronic information processing program instead of writing out the wastes delivery document, and in cases of medical waste, such matters shall be transmitted into the electronic information processing program.
    • Report on Waste Import or Export and Disposal of Imported Waste (Article 24-2 and Article 24-3)
    • A person who intends to import or export waste specified and publicly announced by the Minister of the Environment shall report it to the Minister of the Environment, and a person who transports, stores or disposes of imported wastes shall transport, store or dispose of them in accordance with the standards and methods of commercial wastes, and no imported wastes may be exported in the same state or condition as they were imported.
    • Concretize consideration of waste management plan (Para. 2 of Article 25)
    • When examining the acceptability of a waste management plan, acceptance is pursuant to whether a person who has submitted such a plan (including an officer, in cases of a corporation) has reasons for disqualification, whether the locations of the waste disposal facilities violate other Acts or whether facilities, equipment or technical capability according to a waste management plan meets the criteria for permission.
    • Subject of Administrative Dispositions (Article 27)
    • Cancellation or suspension of waste disposal business permits shall be determined when he/she has conducted business that exceeds the extent of types or details of business, violated conditions, etc. and can reduce or clearly define the scope of administrative agencies.
    • Administrative disposition criteria for the waste recycling reporter (Para. 7, Article 46 is newly inserted)
    • If the waste recycling reporters fail to conform to the rules, do not comply with the standards for waste disposal, and neglect measures to prevent the disposal of abandoned waste, the relevant Mayor/Do governor may order to close they recycling facilities or to suspend the whole or part of the recycling business.