Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 6

Chapter VI Procedures After an Environmental Impact Statement is Made Public and Available for Public Review

Article 31
(Restrictions on the Implementation of a Relevant Project)

1. A proponent may not implement a relevant project (if amended pursuant to the provisions of Article 21 Paragraph 1, or Article 25, Paragraph 1, or Article 28, and if the project is a relevant project after said amendment, then the project after said amendment) prior to a public announcement as required by Article 27.

2. If a proponent seeks to amend information referred to in Article 5, Paragraph 1, Item (2) after a public announcement has been made as required by Article 27, the proponent need not conduct an environmental impact assessment or follow other procedures pursuant to the provisions of this Law if: (a) the purpose of said amendment is to reduce the scale of the project; or (b) the amendment is minor, as defined by government ordinance; or (c) the amendment is of another type specified by government ordinance.

3. The provisions of Paragraph 1 shall apply mutatis mutandis to a person (except a person who, pursuant to the provisions of the preceding Paragraph 2, need not conduct an environmental impact assessment or follow other procedures) seeking to implement a relevant project by amending information referred to in Article 5, Paragraph 1, Item (2) after a public announcement has been made as required by Article 27. In such a case, the wording public announcement in Paragraph 1 of this Article 31 shall be construed to mean public announcement (limited to public announcements made pursuant to the provisions of that same Paragraph 1 of this Article 31 after conducting an environmental impact assessment and following other procedures required by this Law).

4. If a proponent transfers the implementation of a relevant project to another person after a public announcement has been made as required by Article 27, the proponent shall make the fact of that transfer known to the public in accordance with the provisions of a regulation to be adopted by the Prime Ministers Office. In such a case, the provisions of Paragraph 2 of the preceding Article 30 shall apply mutatis mutandis to the transfer.


Article 32
(Additional Environmental Impact Assessment and Other Procedures after Public Announcement of an EIS)

1. If, after a public announcement has been made as required by Article 27, the proponent decides that, due to special factors such as changes in the environmental conditions in and around the relevant project implementation area, it is necessary to amend matters referred to in Article 14, Paragraph 1, Item (5) or (7) in order to give proper consideration to the protection of the environment in implementing the relevant project, the proponent may conduct an additional environmental impact assessment and may implement other procedures relating to the relevant project pursuant to the provisions of Articles 5 through 27 or Articles 11 through 27.

2. If a proponent seeks to conduct an environmental impact assessment or to implement other procedures pursuant to the preceding Paragraph 1, the proponent shall without delay make that known to the public in accordance with the provisions of a regulation to be adopted by the Prime Ministers Office.

3. The provisions of Articles 28 through 31 shall apply mutatis mutandis to a relevant project for which an environmental impact assessment is conducted and other procedures are followed pursuant to the provisions of Paragraph 1 of this Article 32. In such a case, the wording public announcement in Paragraph 1 of this same Article 32 shall be construed to mean public announcement (limited to public announcements made after an environmental impact assessment is conducted and other procedures are implemented pursuant to that same Paragraph 1 of this same Article 32).


Article 33
(Determination, by Issuer of License or Other Required Approval, regarding Protection of the Environment)

1. In reviewing an application for a license or other required approval, the issuer thereof shall determine, on the basis of an EIS and the documents referred to in Article 24, whether proper consideration is given to protecting the environment in the relevant project area.

2. With regard to the preceding Paragraph 1, a determination regarding a license or other required approval referred to below (except those stipulated in the following Paragraph 3) shall be made as follows:

(1)
A license or other required approval that a law provides will be issued if certain standards are met and that is so designated by government ordinance: the provisions relating to such license or other required approval notwithstanding, the issuer of the license or other required approval shall review the standards stipulated in the aforementioned provisions and at the same time shall assess, pursuant to the provisions of the preceding Paragraph 1, the results of the review regarding the protection of the environment. Even if the aforementioned standards are met, the issuer, based on the aforementioned assessment, may refuse to issue such license or other required approval, or may attach conditions to such license or other required approval.
(2)
A license or other required approval that a law provides will not be issued if certain standards are met and that is so designated by government ordinance: the provisions relating to such license or other required approval notwithstanding, the issuer of such license or other required approval shall review the benefits of implementing the relevant project and at the same time shall assess, pursuant to the provisions of the preceding Paragraph 1, the results of the review regarding the protection of the environment. Based on such assessment, the issuer may refuse to issue such license or other required approval or may attach conditions to the license or other required approval.
(3)
A license or other required approval for which there are no specific legal standards governing issuance (limited to those designated by government ordinance pursuant to legal provisions relating to such license or other required approval): the issuer of such license or other required approval shall review the benefits of implementing the relevant project and at the same time shall assess, pursuant to the provisions of the preceding Paragraph 1, the results of the review regarding the protection of the environment. Based on such assessment, the issuer may refuse to issue the license or other required approval or may attach conditions to the license or other required approval.

3. A person responsible for issuing a license or other required approval relating to a relevant project, which license or other required approval a law provides must not be issued unless proper care is taken regarding the protection of the environment in implementing the relevant project, shall, on the basis of an EIS and the documents referred to in Article 24, determine whether proper consideration is given to protecting the environment in accordance with the aforementioned provisions of the law.

4. The provisions of the preceding Paragraphs 1 through 3 of this Article 33 shall apply mutatis mutandis to any license, special permit, permission, authorization, or other approval relating to a relevant project that is referred to in Article 2, Paragraph 2, Item (2) (e) (limited only to projects referred to in that same Item (2) (e)).


Article 34
(Designated-Report Reviewers Determination regarding Protection of the Environment)

1. A person receiving a report relating to a relevant project shall determine, on the basis of an EIS and the documents referred to in Article 24, whether proper consideration is given to protection of the environment relating to the relevant project; and if such consideration is deemed to be lacking, that person, notwithstanding the provisions of the law concerning the designated report, may issue a recommendation or an order to the person filing that report to amend the matters relating to that report, within a period stipulated by law and during which such recommendation or order may be issued (if an EIS has not been received at the time of receiving the designated report, such period will start from the date on which an EIS is received).

2. The provisions of the preceding Paragraph 1 shall apply mutatis mutandis to a report relating to a relevant project of a type referred to in Article 2, Paragraph 2, Item (2) (e) insofar as the report relates to that same Item (2) (e).


Article 35
(Grant Decision-Makers Determination regarding Protection of the Environment)
The grant decision-maker responsible for a relevant project shall determine, on the basis of an EIS and the documents referred to in Article 24, whether proper consideration is given to protection of the environment relating to the relevant project. In such a case, the determination shall be made after a survey has been conducted as stipulated in Article 6, Paragraph 1 of the Law on Optimizing Implementation of Budgets Relating to Subsidies.

Article 36
(Corporate Supervisors Determination regarding Protection of the Environment)
A corporate supervisor responsible for a relevant project shall determine, on the basis of an EIS and the documents referred to in Article 24, whether proper consideration is given to protection of the environment relating to the relevant project, and shall ensure, through supervision of the corporation involved, that such proper consideration is given.

Article 37
(Competent Cabinet Ministers Determination regarding Protection of the Environment)
A competent cabinet minister who is responsible for a relevant project under Article 4, Paragraph 1, Item (4) or (5) shall determine, on the basis of an EIS and the documents referred to in Article 24, whether proper consideration is given to protection of the environment relating to the relevant project, and shall ensure that such proper consideration is given.

Article 38
(Proponents Consideration for Protection of the Environment)

1. In implementing a relevant project, the proponent thereof shall give proper consideration to the protection of the environment pursuant to the contents of the EIS relating to the project.

2. If a person making a determination relating to the protection of the environment under this Chapter concurrently is the proponent of the subject relevant project, the person making the determination shall endeavor not to engage in matters relating to the implementation of the project.


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