Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 2 - Section 3

Chapter II Procedures Prior to Preparing a Draft Environmental Impact Statement

Section 3. Conducting an Environmental Impact Assessment, etc.

Article 11
(Selection of Items to be Considered in an Environmental Impact Assessment)

1. The proponent shall give due consideration to comments expressed pursuant to Paragraph 1 of the preceding Article 10, shall take into consideration comments expressed pursuant to Article 8, Paragraph 1 in reviewing matters listed in Article 5, Paragraph 1, Item (4), and shall select both the items to be considered in an environmental impact assessment relating to the relevant project and the survey, prediction, and assessment methods to be utilized, pursuant to ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m).

2. When deemed necessary for making selections pursuant to the provisions of the preceding Paragraph 1, the proponent may submit a document to the competent cabinet minister expressing the proponents desire to receive documents that provide technical advice.

3. With a view to ensuring the matters set forth in the Items under Article 14 of the Environment Basic Law (Law No. 91 of 1993), the ministerial regulations referred to in Paragraph 1 shall be adopted 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) in consultation with the director-general of the Environment Agency, in order to establish guidelines for selecting, on the basis of already acquired scientific knowledge, both the items that are regarded as necessary to be considered in an environmental impact assessment in order to properly conduct an environmental impact assessment relating to the relevant project, and the methods for reasonably conducting survey, prediction, and assessment activities.


Article 12
(Conducting an Environmental Impact Assessment)

1. On the basis of the items and methods selected pursuant to the provisions of Paragraph 1 of the preceding Article 11, the proponent shall conduct an environmental impact assessment relating to the relevant project in accordance with the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m).

2. The provisions of Paragraph 3 of the preceding Article 11 shall apply mutatis mutandis to the ministerial regulations referred to in the preceding Paragraph 1. In such a case, the wording "guidelines for selecting, on the basis of already acquired scientific knowledge, both the items that are regarded as necessary to be considered in an environmental impact assessment in order to properly conduct an environmental impact assessment relating to the relevant project, and the methods for reasonably conducting survey, prediction, and assessment activities shall be construed to mean "guidelines concerning measures to protect the environment."


Article 13
(Publication of Basic Guidelines)
In consultation with the heads of relevant administrative organizations, the director-general of the Environment Agency shall adopt and publish basic guidelines relating to the guidelines that are to be established 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 provisions of Article 11, Paragraph 3 (including application mutatis mutandis of Paragraph 2 of the preceding Article).

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