해양환경관리법에 대한 고찰

Abstract

The Oil Pollution Prevention Act is enacted to control discharge from the ships and offshore facilities. The Marine Environment Management Act("MEMA"), Which is newly established to replace the Oil Pollution Prevention Act, included several provisions for the comprehensive management concerning marine environmental conservation as well as provisions for the oil pollution prevention from ships and offshore facilities. This article deals with new provisions of the MEMA, such as Quality Assurance and Quality Control aimed at improving precision and authenticity of measurements and materials(data) producted by educational institutions or research institutions, National contingency plan for response oil or HNS(hazard and noxious substance) spill from ships or offshore facilities, Total Maximum Daily Loads (TMDLs) Program for preventing pollution in special management area, Ocean Environment Impact Assessment for sea use. the Marine Environment Management Act is enacted several provisions to enforce International Environment Conventions. But some of new provisions introduced in Marine Environment Management Act didn't study enough for legislation. In particular, the important provisions of the MEMA which cause lots of problems are as follows : (ⅰ) the definition of waste is somewhat incomplete and rather miss leading, (ⅱ) The dumping of dredged material is easy under the Oil Pollution Prevention Act, But now It has passed the process of EIA and Assessments at the designated areas under the Marine Environment Management Act, (ⅲ) the research for Marine Environment Impact should review in connection with compensation of environment damage, (ⅳ) the provisions for Ocean Environment Impact Assessment for sea use are amended in order to consider the character of the business.