Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 4 - Section 1

Chapter IV Environmental Impact Statements

Section 1. Preparation of an Environmental Impact Statement, etc.

Article 21
(Preparation of an Environmental Impact Statement)

1. In reviewing the items dealt with in a draft EIS, the proponent shall consider any opinions that are expressed pursuant to Paragraph 1 of the preceding Article 20, and shall pay attention to comments referred to in Article 18, Paragraph 1. If the proponent considers it necessary to amend the aforementioned items (only insofar as the project after such amendment will be classified as a relevant project), the proponent shall take measures to amend each of the items in accordance with the classifications listed below:

(1)
Amending matters referred to in Article 5 Paragraph 1, Item (2) (except amendments stipulated by government ordinance, including reduction of the scale of the project, minor amendments as defined by government ordinance, and other amendments as defined by government ordinance): To conduct an environmental impact assessment and to follow other procedures as provided for in Articles 5 through 27.
(2)
Amending matters referred to in Article 5, Paragraph 1 Item (1), or in Article 14, Paragraph 1 Items (2) through (4) and Item (6), or in Article 8 (except those covered by the preceding Item): To conduct the environmental impact assessment and to follow other procedures as provided for in the following Paragraph 2 and in Articles 22 through 27.
(3)
Other than those specified in the two preceding Items (1) and (2): To conduct an environmental impact assessment with regard the aforementioned amended portions of the relevant project, pursuant to the provisions of ministerial regulations referred to in Article 11, Paragraph 1 and in Article 12, Paragraph 1.

2. Except in a case covered by Item (1) of the preceding Paragraph 1, the proponent shall prepare the environmental impact statement (hereinafter through Article 26 and in Articles 29 and 30 referred to as "EIS") 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); the EIS shall incorporate matters relating to: (1) if an environmental impact assessment was conducted pursuant to the provisions of Item (3) of the same Paragraph 2, the results thereof and the results of environmental impact assessment conducted for preparing the draft EIS; or (2) if an environmental impact assessment was not conducted pursuant to the provisions of the same Item, the results of environmental impact assessment conducted for preparing the draft EIS.

(1)
Matters referred to in Items (1) through (8) in Article 14 Paragraph 1.
(2)
An outline of comments referred to in Article 18, Paragraph 1.
(3)
Opinions of the related governor(s), as referred to in Article 20, Paragraph 1.
(4)
The proponent's views regarding the comments and opinions referred to in the two preceding Items (2) and (3).

Article 22
(Submission to Issuers of Licenses or Other Required Approvals, and to Other Persons)

1. After preparing an EIS, the proponent shall promptly deliver it to the persons designated in the following Items (1) through (6), according to the category of the EIS:

(1)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (a) (limited only to license(s) or other required approval): to the issuer(s) of the license (s) or other required approval(s).
(2)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (a) (limited only to designated reporting): to the recipient of the designated report.
(3)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (b): to the grant decision-maker.
(4)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (c): to the corporate supervisor.
(5)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (d): to the person specified in Article 4, Paragraph 1, Item (4).
(6)
An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (e): to the person specified in Article 4, Paragraph 1, Item (5).

2. If the person designated in the preceding Paragraph (except for the director-general of the Environment Agency) is a person designated in either of the following Items (1) and (2), that person, after receiving the EIS, shall promptly take the measures specified in the following Items (1) and (2):

(1)
The Prime Minister or the minister of a ministry or a minister of state serving as the head of a committee or an agency (in the following Item and in Article 26, Paragraph 1 referred to as "Prime Minister or other minister"): to submit a copy of the aforementioned EIS to the director-general of the Environment Agency and to seek his or her opinions thereon.
(2)
The head of a committee or an agency (other than a minister of state) or the head of a local branch of the administrative organization of the national government: to seek the opinions of the director-general of the Environment Agency by submitting the aforementioned EIS to the director-general through the committee or the agency, or through the office or ministry of which the local branch is a part, or through the Prime Minister or other minister when such serves as the head of the committee or the agency.

Article 23
(Opinions of the Director-General of the Environment Agency)
When measures are taken pursuant to the provisions of Items (1) and (2) of Paragraph 2 of the preceding Article 22, the director-general of the Environment Agency may express, as necessary, and within a period to be determined by government ordinance, his or her opinions, from the standpoint of protecting the environment, regarding the EIS to the persons listed in those Items (1) and (2) of that Paragraph 2. In such a case, the opinions to be expressed to the person referred to in Item (2) of that Paragraph 2 shall be expressed via the Prime Minister and others as stipulated in that Item (2).

Article 24
(Opinions of the Issuers of Licenses or Other Required Approval(s), and of Those of Other Persons)
When receiving an EIS submitted pursuant to the provisions of Article 22, Paragraph 1, the persons listed in Items (1) through (6) of that Paragraph 1 may, as necessary, and within a period to be determined by government ordinance, express in writing to the proponent their opinions, from the standpoint of protecting the environment, regarding the EIS. In such a case, if the director-general of the Environment Agency has expressed any opinions, such opinions must be taken into consideration by the said persons.

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