Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal

Enacted in 1992 and amended most recently in 2021, The Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal seeks to prevent environmental pollution caused by the transboundary movement of wastes and implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

Under its provisions, ‘wastes subject to export or import restrictions’ include wastes provided for in the Annexures of the Basel Convention and those stipulated in an agreement under Article 11 thereof. The export, import and transit of such wastes is prohibited unless prior written approval is obtained from a competent authority. Prior to obtaining such approval, an importer or exporter is also required to deposit security money and purchase an insurance policy.

The Act also empowers the Ministry of Environment to limit or ban the export and import of specific wastes if necessary for the protection of human health and environment.

In addition, in terms of the Enforcement Decree of the Act on the Control of Transboundary Movement of Hazardous Wastes, wastes are prohibited from being exported to any nation, with the exception of member nations of the OECD, the European Union, and Liechtenstein and signatories to bilateral, multilateral, or regional agreements or arrangements under Article 11 of the Basel Convention.

Key amendments made in 2021:
1. Qualification Flexibility:

• The Minister of Environment gained new authority to determine and publicly notify alternative qualifications for exporters and importers
• This applies specifically to wastes deemed to have lower risk and less likelihood of causing environmental pollution

2. Inspection Expenses:

• Added new provisions regarding inspection costs in bonded areas: 
  • Generally, inspection expenses must be borne by the business entity being inspected
  • Special provision for small and medium entrepreneurs: 
    • If their waste inspections comply with relevant laws
    • The State may subsidise their inspection expenses
    • Subsidies are subject to budget availability
    • Specific subsidy amounts are determined by the Minister of Environment

3. Administrative Fine of KRW 2 million maximum

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