Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 2 - Section 1

Chapter II Procedures Prior to Preparing a Draft Environmental Impact Statement

Section 1. Determinations regarding a Class-2 Project

Article 4

1. A person seeking to implement a Class-2 Project (in case of a project implemented by the national government, hereinafter the head of the administrative organization implementing the project [including local sub-branches], or, the in case of a consigned project, hereinafter the person seeking to consign the project), shall prepare a written report, according to the classification of the Class-2 Project hereunder, that shall contain the following information: the name and address of that person (in the case of a corporation, its name, the name of its representative, and the address of its head office), the type and scale of the Class-2 Project, the locality where the Class-2 Project will be implemented, and other general information concerning the Class-2 Project (all of the above information to be referred to hereinafter in this paragraph as "name, etc."). Such written report shall be submitted to the person(s) responsible for the particular type of project, in terms of the categories listed below, pursuant to regulations issued by competent ministries and agencies in accordance with the types of project referred to in (a) through (m) of Article 2 Paragraph 2, Item (1) above. If the proponent of a Class-2 Project referred to in Article 4, Paragraph 1, Item (4) or (5) is the competent cabinet minister as stipulated in said Item (4) or (5), that minister shall prepare a document stating the name, etc. in lieu of reporting to the competent cabinet minister.

(1)
A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (a): to the person who issues the license, special permit, permission, authorization or approval (hereinafter referred to as license or other required approval"), as referred to in that same Item 2 (a), and who receives a report as described in that same Item (2) (a) (hereinafter referred to as a "designated report").
(2)
A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (b): to the person who is authorized to decide whether to grant a national government subsidy as described in the provisions of that same Item (2) (b) (hereinafter referred to as "grant decision-maker").
(3)
A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (c): to the person who supervises the relevant project, as referred to in that same Item (2) (c), for the corporation in accordance with the provisions of the law referred to in that same Item (2) (c) (hereinafter referred to as "corporate supervisor").
(4)
A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (d): to the responsible minister who has control over the clerical work relating to implementation of that project.
(5)
A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (e): to the responsible minister who has control over the clerical work relating to implementation of that project, and to the person who issues the license, special permit, permission, authorization or approval, or to the person who receives a report as described in that same Item (2) (e).

2. The person(s) identified in Items (1) through (5) of the immediately preceding Paragraph 1 shall send a copy of the report prepared thereunder (including documents provided for in the latter half of the same Paragraph 1; hereinafter in this Article and in Article 29, Paragraph 1 referred to as "report(s)") to the prefectural governor(s) who has/have jurisdiction over the area in which the Class-2 Project will be undertaken, and shall ask the governor(s) to submit, after taking a minimum of 30 days to give consideration to the matter, his or her opinions, and the reasons therefor, as to whether an environmental impact assessment is necessary and whether other procedures must be followed pursuant to this law (excluding this Article).

3. The person(s) identified in each of the Items of Paragraph 1 of this Article, after giving due consideration to the opinions of the prefectural governor(s), submitted as prescribed in the immediately preceding Paragraph 2, shall prepare a determination concerning the Class-2 Project within 60 days of the receipt of such report, pursuant to ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2 Items (1) (a) through (m); and, if the degree of environmental impact is determined likely to be serious, the aforementioned person(s) shall take action pursuant to the following Item (1) ; if the degree of environmental impact is determined likely not to be serious, they shall take action pursuant to the following Item (2).

(1)
Notify in writing the person(s) who filed the report(s) and the prefectural governor(s) referred to in the preceding Paragraph 2 (regarding the latter half of Paragraph 1, the prefectural governor(s) referred to in the preceding Paragraph 2) that an environmental impact assessment is necessary and/or that other procedures must be followed pursuant to the provisions of this law (except this Article), setting forth the reasons for such opinion.
(2)
To notify in writing the person(s) who filed the report(s) and the prefectural governor(s) referred to in the preceding Paragraph (regarding the latter half of Paragraph 1, the prefectural governor(s) referred to in the preceding Paragraph) that an environmental impact assessment is not necessary and that other procedures pursuant to the provisions of this law (except this Article) need not be followed, setting forth the reasons for such opinion.

4. If the person(s) who has/have filed report(s) and has/have received the notification described in the preceding Paragraph 3, Item (1) seeks to change the scale of the said Class-2 Project or the area in which it will be implemented, and if after such change the project falls within the definition of a Class-2 Project, said person(s) may file a report concerning the project after such change. In such a case, the provisions of the preceding two paragraphs shall be applied mutatis mutandis to the new report.

5. A person seeking to implement a Class-2 Project (other than a relevant project) may not implement said Class-2 Project until action is taken pursuant to Paragraph 3, Item (2) (including application mutatis mutandis of the immediately preceding Paragraph 4 and of Article 29, Paragraph 2); or, if there are two or more persons referred to in Items (1) through (5) of Paragraph 1 of this Article 4, relating to said Class-2 Project, then the project may not be implemented until the required action is taken with regard to all persons referred to in said Items (1) through (5).

6. The provisions of Paragraph 1 of this Article notwithstanding, a person seeking to implement a Class-2 Project may conduct, without receiving a determination, an environmental impact assessment and may follow other procedures pursuant to the provisions of this law (except this Article). In such a case, if the person seeking to implement such a Class-2 Project is not the competent cabinet minister as designated in Item (4) or (5) of the same Paragraph 1, that person shall notify the person(s) referred to in the Items of the same Paragraph 1 that he or she will conduct an environmental impact assessment and will follow other procedures in accordance with the provisions of this law (except this Article); and if that person is the competent cabinet minister, he or she shall prepare a document to that effect.

7. A person receiving notification or preparing a document pursuant to the immediately preceding Paragraph 6 shall send a copy of the notification or the document, as the case may be, to the prefectural governor(s) who has/have jurisdiction over the area in which will be implemented the Class-2 Project relating to that notification or document.

8. With regard to the Class-2 Project relating to the notification or preparation of a document as stipulated in Paragraph 6 above, measures shall be deemed to have been taken pursuant to Paragraph 3, Item (1) at the time of preparation of the said notification or document.

9. In order to ensure that a proper determination is made concerning the type and scale of a Class-2 Project and the environmental conditions of the area and vicinity in which the Class-2 Project will be implemented, the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) shall consult with the director-general of the Environment Agency and shall prepare a ministerial regulation setting forth the standards to be used in making the determination.

10. The director-general of the Environment Agency, in consultation with the heads of relevant administrative organizations, shall establish and publish basic guidelines relating to the standards to be applied by the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) pursuant to the preceding Paragraph.


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