Laws :Air & Transportation

Noise Regulation Law :Cabinet Order For Implementation Of The Noise Regulation Law

Cabinet Order For Implementation Of The Noise Regulation Law

Cabinet order No. 324 of 1968
Latest Amendment by Cabinet Order No .8 of 1996

The Government establishes this order for the purpose of implementing the Noise Regulation Law (No. 98, 1968), pursuant to Article 2, Paragraphs 1 and 3, Article 16 and Article 25 of said Law.

Article 1
(Specified Facilities)

Facilities determined by the Cabinet Order, as provided for in Article 2, Paragraph 1, of the Noise Regulation Law (hereinafter referred to as the "Law") shall be those listed in Appendix I.

Article 2
(Specified Construction Work)

Construction work determined by the Cabinet Order, as provided for in Article 2, Paragraph 3, of the Law shall be those listed in Appendix II, except when said work is to be completed within the day of its commencement.

Article 3
(Reporting and Inspection)

  1. The prefectural governor may request the parties responsible for specified facilities, pursuant to Article 20. Paragraph 1, of the Law, to report on the status and operational mode of the specified facilities, as well as on the methods of noise abatement. The prefectural governor may also authorize his personnel to enter the specified factories and inspect specified and other facilities which emit noise, facilities installed for noise abatement, and books and records relating to such facilities.
    With regard to those parties responsible for the specified facilities provided for in Article 21, Paragraph 1, of the Law, the prefectural governor shall take said action only when he finds it necessary to exercise his authority pursuant to Paragraph 3 of the same Article.
  2. The prefectural governor may request the parties responsible for construction projects that include specified construction work, pursuant to Article 20, Paragraph 1, of the Law, to report on the progress of said construction work and on the methods of noise abatement. The prefectural governor may also authorize his personnel to enter the site of said construction project and to inspect the machinery used for specified construction work, the facilities used for noise abatement and the books and records relating to said machinery and facilities.

Article 4
(Delegating Administrative Rights and Duties)

  1. Among the administrative functions entrusted to the prefectural governors as provided for in the Law, the following shall be delegated to the mayors of municipalities (excluding the mayors as designated in the next Paragraph).
    • (1) Receiving reports pursuant to the provisions of Article 6, Paragraph 1; Article 7, Paragraph 1; Article 8, Paragraph 1; Article 10; Article 11, Paragraph 3; and Article 14, Paragraphs 1 and 2; of the Law.
    • (2) Issuing recommendations pursuant to the provisions of Article 9; Article 12, Paragraph 1; and Article 15. Paragraph 1; of the Law.
    • (3) Issuing orders pursuant to the provisions of Article 12, Paragraph 2, and Article 15, Paragraph 2, of the Law.
    • (4) Making requests pursuant to the provisions of Article 17, Paragraph 1 and Article 21, Paragraph 3, of the Law.
    • (5) Expressing opinions pursuant to the provisions of Article 17, Paragraph 2, of the Law.
    • (6) Collecting reports and authorizing inspection pursuant to the provisions of Article 20, Paragraph 1, of the Law.
    • (7) Receiving notifications pursuant to the provisions of Article 21, Paragraph 2 and 4, of the Law.
    • (8) Implementing monitoring pursuant to the provisions of Article 21-2 of the Law.
  2. Among the administrative functions of the preceding paragraph and other administrative functions entrusted to the prefectural governors under the Law, that relating to the designation of areas pursuant to the provisions in Article
  3. Paragraph 1, of the Law, that relating to the public notice to be given under Article 3, Paragraph 3, of the Law and that relating to the establishment of regulation standards under Article 4, Paragraph 1, of the Law shall be delegated to the mayors of the designated cities provided for in Article 252-19, Paragraph 1, of the Local Government Law (Law. No. 67 of 1947).

SUPPLEMENTARY PROVISIONS

  1. This Order shall come into force on the day of the enforcement of the Law (December 1, 1968).
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