Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 5

Chapter V Amending a Relevant Project, etc.

Article 28
(Environmental Impact Assessment and Other Procedures When a Project Is Amended)
If a proponent seeks to amend information referred to in Article 5, Paragraph 1, Item (2) during the period between a public announcement made as required by Article 7 and a public announcement made as required by the preceding Article 27 (except when the provisions of Article 21, Paragraph 1 or of Article 25, Paragraph 1 are applied), and if the project will continue to be a relevant project after such amendment, the proponent shall conduct an environmental impact assessment and shall follow other procedures stipulated in Articles 5 through 27. This provision shall not apply, however, to: (a) said amendment if its purpose is to reduce the scale of the project; (b) minor amendments, as defined by government ordinance; or (c) other amendments specified by government ordinance.

Article 29
(Determination relating to a Class-2 Project When a Project Is Amended)

1. If a proponent seeks to amend information referred to in Article 5, Paragraph 1, Item (2) during the period between a public announcement made as required by Article 7 and a public announcement made as required by Article 27, and if the project will be a Class-2 Project after such amendment, the proponent may prepare and submit, in accordance with the provisions of Article 4, Paragraph 1, a report concerning the project as amended.

2. The provisions of Article 4, Paragraphs 2 and 3 shall apply mutatis mutandis to a report prepared and submitted in accordance with the preceding Paragraph 1 of this Article 29. In such a case, the wording other procedures shall be construed to mean other procedures (except those implemented by the time of said report).

3. When the provisions of Article 4, Paragraph 3, Item (2) are applied mutatis mutandis as provided for by the preceding Paragraph 2 of this Article 29, the person filing a report in accordance with Paragraph 1 of this Article 29 shall provide notice thereof to the person(s) receiving a scoping document, a draft EIS, or an EIS from said proponent, and shall make that fact known publicly in accordance with the provisions of a regulation to be adopted by the Prime Ministers Office.


Article 30
(Abandonment, etc. of a Project)

1. If, during the period between a public announcement made as required by Article 7 and a public announcement made as required by Article 17, a project is affected in a way that is referred to in any of the Items (1) through (3) below, the proponent shall provide notice thereof to the person(s) receiving a scoping document, a draft EIS, or an EIS, and shall make the fact of that change known to the public in accordance with the provisions of a regulation to be adopted by the Prime Ministers Office:

(1)
it is decided that the relevant project will not be implemented; or
(2)
as a result of the amendment of the information referred to in Article 5, Paragraph 1, Item (2), the project has become neither a Class-1 Project nor a Class-2 Project; or
(3)
the implementation of the relevant project is transferred to another person.

2. If a project transferred to another person as referred to in Item (3) of the preceding Paragraph 1 is a relevant project, any environmental impact assessment that was conducted and any other procedures that were followed by the proponent prior to the transfer and before the public announcement date referred to in that same Paragraph 1 shall be deemed to have been implemented by the new proponent, and any environmental impact assessment conducted and other procedures followed by the prior proponent before the transfer shall be deemed to have been implemented by the new proponent.


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