These regulations are prescribed in accordance with the third sentence Article 14 of Common Duct Act (The Act).
The competent authority shall identify by drawing the concluded air right space and boundary line on the plane, elevation, and section of the structure of Common Duct system. The surveyed elevation shall be indicated on the sections with the datum of average sea level as zero and being linked from the benchmark (BM).
While Common Duct works pass through over or under the public or private land, the competent authority shall identify by indicating air spaces and underground boundary lines and make public announcement with proper drawings and documentations and inform the land owners with written notice.
The aforementioned space boundary line shall not exceed 1.5 meters outside the outer edge of the structure of Common Duct works.
The aforementioned public announcement shall be set at proper places adjacent to the land being passed and posted at public board of announcement at local Village (Town, City, District) offices for the period of 30 days, and also inform the public on news paper the date and place of the announcements.
The competent authority shall place the documentation and drawings of the aforementioned space boundary lines at proper locations for public examination free of charge.
The competent authority shall erect, upon the expiration of the public announcement pursuant to the Articles 3 and 4, center line stacks or boundary stacks, calculated coordinates. Then submit the space boundary line documents and drawings, stack coordinates, stack locations diagram and related materials to the land administrative authority of local municipality or county (city) for land survey and registration.
While the aforementioned passing space boundary lines lie within urban area, the competent authority may survey and set urban planning’s stacks in accordance with the Regulations on Urban Planning Stack Survey and Management. The concerned regulations pursuant to Article 7 may be applied upon the submission of the related materials and survey results for examination and verification that conducted by the city surveying office.
The portion of the land, where Common Ducts system passing through, needs extra cost to maintain original functions, the said cost should be compensated. In case there are other ways to reduce or eliminate the losses, the compensation shall be reduced or eliminated accordingly.
The aforementioned compensation authority may entrust a real estate assessor for the assessment and then proceed a budget for this compensation.
The landowners, while filing of a requisition of land in accordance with the second sentence Article 14 of the Act, shall submit to the competent authority the application form stating the reasons of unfitting for proper use.
The competent authority may entrust or engage related sub-authority or other authority (or organization) to carryout the related matters regarding the passing through of Common Duct system.
These regulations shall become enforceable upon the date of promulgation.