A Study on the Public Land Law for Carbon Neutrality: Focusing on CCUS legislation

Abstract

The whole world is proclaiming carbon neutrality to prevent climate crisis. Korea itself announced of ‘2050 Carbon Neutrality Proclaim’ on October 28, 2020 and following this, ‘2050 Carbon Neutrality Vision’ on December 10. The carbon neutrality scenario is classified into emission, absorption and removal and as per absorption and removal, we may say CCUS is the key. Currently, individual acts such as Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis, Wastes Control Act, Management of Marine Garbage and Contaminated Marine Sediment Act, Act on Promotion of Technologies for Coping with Climate Change, Restriction of Special Taxation Act, etc. stipulate about CCUS. Therefore, we have discussed about how to make an unified act in order to control carbon dioxide efficiently and rationally. In the process of the discussion, we studied about the problem of the aspects of public land law. For example, there are typical problems such as; 1) determining the public interest about carbon dioxide, 2) determining the obligation of securing land for carbon capture process and establishment of direct air capture, and, and 3) evaluation of environment influence and accommodation of storage. CCUS is not the one and only technology but a variety of technologies by each phase of capture, transportation, storage, and utilization. Also, there are many related government departments including Ministry of Science and ICT, Ministry of Trade, Industry and Energy, Ministry of Environment, and Ministry of Oceans and Fisheries. This makes it a consolidated system issue. Therefore, an unified act is required to link all the problems together. Current proposal of the bill includes the way to solve the public land law aspect as; 1) stipulating the obligation of the person in charge of the capture to secure land, 2) expanding the scope of capture that will enable to capture carbon dioxide in everyday lives, 3) introducing reduction of charges for occupying and using public water surfaces, 4) preparing rules and regulations on safety control, 5) resident accommodations, etc.