Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 2 - Section 2

Chapter II Procedures Prior to Preparing a Draft Environmental Impact Statement

Section 2. Preparation of a Scoping Document, etc.

Article 5
(Preparation of a Scoping Document)

1. The proponent shall prepare a scoping document concerning the environmental impact assessment (hereinafter referred to as a "scoping document"). Said scoping document shall present information concerning the items listed below regarding the scope of the environmental impact assessment (limited to those items relating to survey, prediction, and assessment activities) relating to the relevant project, pursuant to ministerial regulations regarding the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m):

(1)
The name and address of the proponent (in the case of a corporation, its name, the name of its representative, and the address of its head office);
(2)
The purpose and content of the relevant project;
(3)
The general conditions of the area in which the relevant project will be implemented (hereinafter referred to as the "relevant project implementation area") and its vicinity; and
(4)
The items to be considered in an environmental impact assessment of the relevant project, and the survey, prediction, and assessment methods to be utilized (if such methods have not yet been determined, then the items to be considered in the environmental impact assessment of the relevant project).

2. If a proponent seeks to implement two or more relevant projects that are related to each other, the proponent of those relevant projects may prepare one scoping document covering all the projects.


Article 6
(Submission of Scoping Document; Other Procedures relating to a Scoping Document)

1. After preparing a scoping document, the proponent, pursuant to the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m), shall submit the scoping document to the prefectural governor(s) and to the mayors of the cities (hereinafter including the heads of the Tokyo metropolitan wards), towns, and villages having jurisdiction over the area deemed likely to be environmentally impacted by the relevant project.

2. In order to ensure that the area referred to in the preceding paragraph is appropriate in scope for seeking opinions, from the standpoint of protecting the environment, regarding the environmental impact assessment of the relevant project, 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 ministerial regulations setting forth standards to ensure that such scope is appropriate.


Article 7
(Making a Scoping Document Public and Available for Public Inspection)
For the purpose of inviting comments, from the standpoint of protecting the environment, regarding both the items to be considered in an environmental impact assessment and the survey, prediction, and assessment methods to be utilized, the proponent, upon preparing the scoping document, shall make public, pursuant to a regulation to be adopted by the Prime Minister's Office, the fact that a scoping document has been prepared, and shall make the scoping document available for public review in the area referred to in Paragraph 1 of the preceding Article 7 for one month from the date on which the scoping document is made known to the public.

Article 8
(Submission of Comments regarding a Scoping Document)

1. A person who has comments, from the standpoint of protecting the environment, regarding a scoping document may submit such comments to the proponent during a period that shall commence on the date that the document becomes known to the public and that shall end two weeks after the day following the termination of the period during which the statement is to be available for public review.

2. The content of and procedures to be followed in submitting comments as referred to in the preceding Paragraph 1 shall be determined by a regulation adopted by the Prime Minister's Office.


Article 9
(Submission of an Outline of Comments regarding a Scoping Document)
After termination of the period referred to in Paragraph 1 of the preceding Article 8, the proponent shall submit to the prefectural governor(s) having jurisdiction over the area stipulated in Article 6, Paragraph 1 and to the mayors of the cities, towns and villages having jurisdiction over said area, a document outlining the comments submitted pursuant to the provisions of Paragraph 1 of the preceding Article 8.

Article 10
(Comments of Prefectural Governors and Other Officials with regard to a Scoping Document)

1. Upon receiving the document referred to in the preceding Article 9, the prefectural governor(s) referred to in that same Article shall send to the proponent written comments, from the standpoint of protecting the environment, regarding the scoping document, within a time period to be established by government ordinance.

2. While abiding by the provisions of the preceding Paragraph 1, the prefectural governor(s) shall seek comments, from the standpoint of protecting the environment, from the mayors of the cities, towns, and villages referred to in the preceding Article 9, regarding the scoping document and shall set a deadline by which time such comments must be received by the prefectural governor(s).

3. While abiding by the provisions of Paragraph 1, the prefectural governor(s) shall take into consideration the comments submitted by the aforementioned mayors of the cities, towns, and villages pursuant to the preceding Paragraph 2, as well as the comments outlined in the documents referred to in the preceding Article 9.


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