Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 3

Chapter III Draft Environmental Impact Statements

Article 14
(Preparation of a Draft Environmental Impact Statement)

1. After conducting an environmental impact assessment relating to the relevant project pursuant to the provisions of Article 12 Paragraph 1, the proponent, in preparation for hearing comments, from the standpoint of protecting the environment, regarding the results of the environmental impact assessment, shall prepare a draft environmental impact statement (hereinafter referred to as a "draft EIS") that shall deal with the following matters, 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):

(1)
Matters listed in Article 5, Paragraph 1, Items (1) through (3);
(2)
An outline of the comments referred to in Article 8, Paragraph 1;
(3)
Comments of the prefectural governor(s), as referred to in Article 10, Paragraph 1;
(4)
Views of the proponent regarding the comments referred to in the preceding two items (2) and (3);
(5)
Items to be considered in an environmental impact assessment and the survey, prediction, and assessment methods to be utilized;
(6)
Contents of the technical advice received, if any, referred to in Article 11 Paragraph 2;
(7)
The following results of the environmental impact assessment:
(a)
An outline of the results of surveys, predictions, and assessments as classified according to the items to be included in the environmental impact assessment (including those items regarding which the nature and extent of the environmental impact did not become clear even though an environmental impact assessment was conducted);
(b)
Measures for protecting the environment (including details regarding how such measures were developed);
(c)
Measures for determining the current conditions of the environment, if the measures referred to in (b) are meant to cope with environmental conditions that become known in the future;
(d)
An overall assessment of the likely environmental impact of the relevant project; and
(8)
If the environmental impact assessment has been consigned in whole or in part to another person, the name and address of that person (if that person is a corporation, then, its name, the name of its representative, and the address of its head office).

2. The provisions of Article 5, Paragraph 2 shall apply mutatis mutandis to the preparation of the draft EIS.


Article 15
(Submission of a Draft EIS)
After preparing a draft EIS, the proponent shall submit the draft EIS and a document summarizing it (referred to as "summary in the following Articles 16 and 17) to: (1) the prefectural governor(s) having jurisdiction over the area recognized as likely to be environmentally impacted by the relevant project, as determined by the ministerial regulations referred to in Article 6, Paragraph 1 (such prefectural governor(s) hereinafter referred to as "related governor(s)"; such area, hereinafter referred to as "related area," includes such area as is recognized to be added to the area on the basis of comments submitted pursuant to Article 8, Paragraph 1 and Article 10, Paragraph 1, and also on the basis of the results of the environmental impact assessment conducted pursuant to Article 12, Paragraph 1); and to (2) the mayors of the cities, towns, and villages having jurisdiction over the related area (hereinafter referred to as "related mayors").

Article 16
(Making a Draft EIS Public and Available for Public Inspection)
After submitting the materials pursuant to the preceding Article 16, the proponent, for the purpose of acquiring comments, from the standpoint of protecting the environment, regarding the results of the environmental impact assessment relating to the draft EIS in accordance with the provisions of a regulation to be adopted by the Prime Ministers Office, shall publicly announce that the draft EIS and other items have been prepared in accordance with said regulation of the Prime Minister's Office, and shall make the draft EIS and the summary available for public review in the related area for one month from the date of the aforementioned public announcement.

Article 17
(Explanatory Meetings, etc.)

1. In accordance with the provisions of a regulation to be adopted by the Prime Minister's Office, the proponent shall hold explanatory meetings to make the public aware of the contents of the draft EIS (hereinafter referred to as "explanatory meetings") in the related area during the period of public review. If within the related area there is no appropriate place at which to hold such explanatory meetings, the meetings may be held outside the related area.

2. The proponent shall determine the date, time, and place of the explanatory meetings and shall publicly announce them at least one week before the date on which a meeting is scheduled to be held, in accordance with the provisions of a regulation to be adopted by the Prime Minister's Office.

3. In determining the date, time, and place of an explanatory meeting, the proponent may seek the opinion(s) of the related governor(s).

4. If the proponent cannot hold an explanatory meeting that has been publicly announced pursuant to Paragraph 2, for reasons that are not attributable to the proponent and are provided for in a regulation to be adopted by the Prime Minister's Office, the proponent shall not be obligated to hold that explanatory meeting. In such a case, however, the proponent, pursuant to provisions of a regulation to be adopted by the Prime Minister's Office, shall endeavor to make the public aware of the contents of the draft EIS, through such means as publicly presenting a summary during the period of public review.

5. The content of and procedures to be followed in holding an explanatory meeting, other than those stipulated in the preceding Paragraphs, shall be determined by a regulation to be adopted by the Prime Minister's Office.


Article 18
(Submission of Comments regarding a Draft EIS)

1. Anyone who has comments, from the standpoint of protecting the environment, regarding a draft EIS may express such comments by submitting a document to the proponent during a period that shall commence on the date of the public announcement referred to in Article 16 and that shall end two weeks after the day following the expiration of the period of public review referred to in that same Article 16.

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


Article 19
(Submission of an Outline of Comments, etc. regarding a Draft EIS)
After the end of the period referred to in Paragraph 1 of the preceding Article 18, the proponent shall submit to the related governor(s) and related mayors a document containing both an outline of the comments received pursuant to the same Paragraph 1 and the proponent's views regarding such comments.

Article 20
(Opinions of Related Governor(s) and Others regarding a Draft EIS)

1. After receiving a document referred to in the preceding Article 19, the related governor(s) shall express in writing their opinions, from the standpoint of protecting the environment, regarding the draft EIS within a period to be determined by government ordinance.

2. The provisions of Article 10, Paragraphs 2 and 3 shall apply mutatis mutandis to the expression of opinions by the related governor(s) regarding the draft EIS. In such a case, the wording "the mayors of the cities, towns and villages referred to in the preceding Article 9" in Paragraph 2 of the same Article 10 shall be construed to mean "the related mayors"; the wording "the preceding Paragraph" in Paragraph 3 shall be construed to mean "the preceding Paragraph as applied mutatis mutandis to Article 10, Paragraph 2"; and the wording "documents referred to in the preceding Article 9" in Paragraph 3 shall be construed to mean "both the comments presented in the document referred to in Article 19 and the proponents views regarding such comments."


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