Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 4 - Section 2

Chapter IV Environmental Impact Statements

Section 2. Supplementing an Environmental Impact Statement, etc.

Article 25
(Reviewing and Supplementing an EIS)

1. If opinions referred to in the preceding Article 24 are expressed, the proponent shall take them into consideration and shall review the matters dealt with in the EIS. If the proponent agrees that such matters need to be amended (only if after such amendment the project would remain a relevant project), the proponent shall take measures to amend each of the items according to the classifications listed below:

(1)
Amending matters listed in Article 5, Paragraph 1, Item (2) (except amendments stipulated by government ordinance, including reduction of the scale of the project and minor amendments as defined by government ordinance): to conduct an environmental impact assessment and to follow other procedures stipulated in Articles 5 through 27.
(2)
Amending matters listed in Article 5, Paragraph 1, Item (1), in Article 14, Paragraph 1, Items (2) through (4), (6) or (8), or in Article 21, Paragraph 2, Items (2) through (4) (except those covered by the preceding Item): to supplement the EIS as necessary.
(3)
Other than those listed in the two preceding Items (1) and (2): to conduct an environmental impact assessment in regard to those portions of the relevant project that are subject to the aforementioned amendment, pursuant to the provisions of ministerial regulations referred to in Article 11, Paragraph 1 and in Article 12, Paragraph 1.

2. When conducting an environmental impact assessment pursuant to the provisions of Item (3) of the preceding Paragraph, the proponent shall supplement the EIS pursuant to the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m), on the basis of the aforementioned environmental impact assessment and the results of the environmental impact assessment conducted for preparing that EIS.

3. Except where Paragraph 1, Item (1) applies, the proponent shall submit an EIS as supplemented pursuant to the provisions of Item (1) of the same Paragraph and the preceding paragraph 2 of this Article 25 (if no supplement is deemed to be necessary, then a notice to that effect) to the persons listed in the items of Article 22, Paragraph 1 that correspond to the category of the EIS.


Article 26
(Submission of an EIS to the Director-General of the Environment Agency and Other Parties)

1. If the person designated in any of the items in Article 22, Paragraph 1 (except for the director-general of the Environment Agency) is a person listed in the following items, that person, after receiving a submission or notice pursuant to the provisions of Paragraph 3 of the preceding Article 25, shall take action as indicated below:

(1)
The Prime Minister or other minister shall submit to the director-general of the Environment Agency a copy of the EIS as supplemented pursuant to the provisions of Paragraph 3 of the preceding Article 25, or shall inform the director-general of any notice received pursuant to the provisions of the same Paragraph 3.
(2)
The head of a committee or an agency (other than a minister of state) or the head of a local branch of an administrative organization of the national government shall: (a) submit to the director-general of the Environment Agency a copy of the EIS as supplemented pursuant to the provisions of Paragraph 3 of the preceding Article 25, 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, or (b) to inform the director-general of the receipt of the notice pursuant to the provision of the same Paragraph 3.

2. When making a submission or notice pursuant to the provisions of Paragraph 3 of the preceding Article 25, the proponent shall promptly submit to the related governor(s) and related mayors the following: (a) the EIS (if the EIS is supplemented pursuant to the provisions of Paragraph 1, Item (2) or Paragraph 2 of the preceding Article 25, the EIS as so supplemented; this applies to the following Article 27 and Articles 33 through 38); (b) a document summarizing the same (referred to as "summary" in the following Article 27); and (c) the papers specified in Article 24.


Article 27
(Making the EIS Public and Available for Public Review)
When making a submission or notice pursuant to the provisions of Article 25, Paragraph 3, the proponent, pursuant to a regulation to be adopted by the Prime Minister's Office, shall make public the fact that an EIS and other items stipulated in the regulation to be adopted by the Prime Minister's Office have been prepared, and, for a period of one month from the date of such publication, shall make available for public review in the related area the EIS, the summary, and the papers specified in Article 24.

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