Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 7 - Section 1

Chapter VII Special Provisions relating to Environmental Impact Assessments and Other Procedures

Section 1. Special Provisions relating to Relevant Projects Designated in Urban Plans

Article 39
(Class-2 Projects Designated in Urban Plans, etc.)

1. If a Class-2 Project is incorporated in an urban plan as an urban development project (hereinafter referred to as urban development project) pursuant to the provisions of Article 4, Paragraph 7 of the Urban Planning Law (Law No. 100 of 1968), or if facilities related to a Class-2 Project are incorporated as urban facilities in an urban plan (hereinafter referred to as urban facilities) pursuant to the provisions of Paragraph 5 of that same Article 4 of the Urban Planning Law, a report prepared pursuant to the provisions of Article 4, Paragraph 1 of this Law (including, as in the following Paragraph 2 of this Article 39, documents prepared pursuant to the latter half of that same Paragraph 1 of Article 4) shall be submitted, in accordance with the provisions of the following Paragraph 2 of this Article 39, on behalf of the person seeking to implement the said Class-2 Project, by the prefectural governor or mayor of the city, town, or village that is designated in Article 15, Paragraph 1 of the Urban Planning Law and that is authorized to decide or amend the urban plan (hereinafter referred to as urban plan decision-maker; in the case of Article 22, Paragraph 1 of the same Urban Planning Law, the Minister of Construction, or the mayors of the cities, towns, or villages as designated in that same Paragraph 1 of Article 22 of the same Urban Planning Law).

2. When an urban plan decision-maker submits a report pursuant to the provisions of the preceding Paragraph 1, the provisions of Article 4 shall be applied as per the Reinterpretation of Provisions (see Appendix 1 (1)).


Article 40
(Relevant Projects Designated in Urban Plans)

1. With regard to (a) a relevant project that is incorporated in an urban plan as an urban development project, as defined in the Urban Planning Law, or (b) a relevant project whose facilities are incorporated into an urban plan as urban facilities, as defined in the Urban Planning Law, the environmental impact assessment and other procedures provided for in Articles 5 through 38 shall be implemented, pursuant to the provisions of the following Paragraph 2 and of Articles 40, 43, 44, and 46 of this Law, on behalf of the proponent of the relevant project, by the urban plan decision-maker concerned with the urban plan, in parallel with procedures for deciding and amending the urban plan relating to the relevant project or to facilities related to the relevant project (hereinafter referred to as relevant project, etc.). In such a case, the provisions of Article 5, Paragraph 2, of Article 14, Paragraph 2, and Article 30, Paragraph 1, Item (3) and Paragraph 2 all of this Law shall not apply.

2. When an urban plan decision-maker conducts an environmental impact assessment or implements other procedures pursuant to the provisions of the preceding Paragraph 1, the provisions of Articles 5 through 38 (except Article 5, Paragraph 2; Article 14, Paragraph 2; and Article 30, Paragraph 1, Item (3) and Paragraph 2) of this Law shall be applied as per the Reinterpretation of Provisions (see Appendix 1 (2)).


Article 41
(Modification in Accordance with Procedures relating to an Urban Plan)

1. A public announcement made by an urban plan decision-maker pursuant to the provisions of Article 16 or Article 27 of this Law, as reinterpreted in accordance with Paragraph 2 of the foregoing Article 40, shall be made together with the public announcement regarding the urban plan approved by the decision-maker pursuant to the provisions of Article 17, Paragraph 1 of the Urban Planning Law (hereinafter including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and Article 22 Paragraph 1, as reinterpreted, of that same Law), or with a public announcement made pursuant to the provisions of Article 20, Paragraph 1 of that same Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and the provisions of Article 22, Paragraph 1 as reinterpreted).

2. When an urban plan decision-maker (other than the Minister of Construction) makes available for public review a draft EIS or summary referred to in Article 16 of this Law, in accordance with the provisions of that same Article 16 as reinterpreted pursuant to the provisions of Paragraph 2 of the preceding Article 40, he or she shall simultaneously make available for public review a draft urban plan that he or she has decided upon pursuant to the provisions of Article 17, Paragraph 1 of the Urban Planning Law; when, pursuant to the provisions of Article 27 of this Law as reinterpreted pursuant to the provisions of Paragraph 2 of the foregoing Article 40, he or she makes available for public review an EIS, a summary, and the documents referred to in Article 24 of this Law he or she shall simultaneously make available for public review the documents relating to the urban plan that he or she has decided on and that are referred to in Article 14, Paragraph 1 of the Urban Planning Law and that are defined in Article 20, Paragraph 2 of that same Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and reinterpretation pursuant to Article 22, Paragraph 1 of that same Law).

3. When the Minister of Construction is the decision-maker regarding an urban plan relating to a relevant project and makes available for public review a draft EIS and a summary as stipulated in Article 16 of this Law pursuant to the provisions of that same Article 16 as reinterpreted by the provisions of Paragraph 2 of the foregoing Article 40, he or she shall simultaneously make available for public review the draft urban plan, referred to in Article 17, Paragraph 1 of the Urban Planning Law relating to the urban plan, that is designated by the Minister of Construction; when he or she makes available for public review an EIS, a summary, and the documents referred to in Article 24 of this Law pursuant to the provisions of Article 27 of this Law as applied mutatis mutandis in accordance with Paragraph 2 of the foregoing Article 40 of this Law, he or she shall send the EIS, the summary, and the documents referred to in Article 24 of this Law to the related prefectural governor(s), and shall instruct those prefectural governor(s) to make available for public review the aforementioned documents together with copies of the documents that are related to the urban plan decided upon by the Minister of Construction and that are referred to in Article 14, Paragraph 1 of the Urban Planning Law as defined in Article 20, Paragraph 2 of that same Law as reinterpreted in accordance with the provisions of Article 22, Paragraph 1 of that same Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law).

4. When an urban plan decision-maker makes available for public review a draft EIS and a draft urban plan pursuant to the provisions of the two preceding Paragraphs 2 and 3, and if he or she cannot determine whether the comments thereon are comments regarding the draft EIS or are comments regarding the draft urban plan relating to the draft EIS as provided for in Article 17, Paragraph 2 of the Urban Planning Law (including cases where Article 21, Paragraph 2 of that same Law is applied mutatis mutandis, and where reinterpreted in accordance with the provisions of Article 22, Paragraph 1 of that same Law), then he or she shall deem that the comments are both types of comments and shall apply both laws.

5. When an urban plan decision-maker conducts an environmental impact assessment and follows other procedures pursuant to the provisions of Paragraph 1 of the preceding Article 41, he or she shall simultaneously submit to the local urban planning commission both any proposal made pursuant to the provisions of Article 25, Paragraph 3 as reinterpreted by Paragraph 2 of the preceding Article 41, and any proposal made pursuant to the provisions of Article 18, Paragraph 2 of the Urban Planning Law (including cases where Article 21, Paragraph 2 of that same Law is applied mutatis mutandis, and that is reinterpreted in accordance with Article 22, Paragraph 1 of that same Law).


Article 42
(Special Provisions relating to the Urban Planning Law concerning Procedures relating to an Urban Plan Determining a Relevant Project, etc.)

1. When, pursuant to the provisions of Paragraphs 2 and 3 of the foregoing Article 41, a draft EIS is made available for public review together with a draft urban plan, the provisions of Article 17, Paragraphs 1 and 2 of the Urban Planning Law (including cases where the provisions of Article 21, Paragraph 2 of the Urban Planning Law are applied mutatis mutandis and reinterpreted in accordance with Article 22, Paragraph 1 of the Urban Planning Law) shall be applied to the urban plan per the Reinterpretation of Provisions (see Appendix 1).

2. When an urban plan decision-maker seeks to incorporate a relevant project into an urban plan, he or she shall ensure that the environment will be protected, and shall do so by giving consideration, in accordance not only with the provisions of the Urban Planning Law but also in accordance with descriptions in the EIS pursuant to Article 27 of this Law as reinterpreted in accordance with Article 40, Paragraph 2 of this Law (said EIS referred to in the following Paragraph 3 as EIS), to the impact that the relevant project relating to the urban plan might have.

3. When issuing an authorization pursuant to the provisions of Article 18, Paragraph 3 of the Urban Planning Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law), or when issuing an approval (referred to in Article 45 of this Law as an urban plan authorization) pursuant to Article 19, Paragraph 1 of the Urban Planning Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and the provisions of Article 22, Paragraph 1 of that same Law as reinterpreted), the Minister of Construction or the prefectural governor(s) (in Article 45 of this Law referred to as urban plan authorizer) shall review the EIS and the documents referred to in Article 24 of this Law, as reinterpreted by the provisions of Article 40, Paragraph 2 of this Law, in order to ascertain whether proper consideration is being given to protection of the environment with respect to the aforementioned urban plan.


Article 43
(Additional Environmental Impact Assessment in Case of Urban Plan Revisions That Change a Relevant Project)

1. If an urban plan decision-maker seeks to revise an urban plan with regard to matters referred to in Article 5, Paragraph 1, Item (2) of this Law as reinterpreted pursuant to Article 40, Paragraph 2 of this Law after making a public announcement pursuant to the provisions of Article 27 of this Law as reinterpreted pursuant to Article 40, Paragraph 2 of this Law, the urban plan decision-maker, on behalf of the proponent of the relevant project relating to such revisions, and pursuant to the following Paragraph 2, shall conduct, simultaneously with procedures for revising the urban plan, an environmental impact assessment and shall follow other procedures referred to in the provisions of Article 31, Paragraphs 2 and 3, of this Law.

2. The provisions of Article 31, Paragraphs 2 and 3 of this Law, as referred to in the preceding Paragraph 1, shall be applied per the Reinterpretation of Provisions (see Appendix 1 (3)).


Article 44
(Modification in Accordance with Environmental Impact Assessment to be Conducted by Proponent)

1. If, after the preparation of a scoping document by a proponent in accordance with Article 5 of this Law but before a public announcement is made in accordance with Article 7 of this Law, an urban plan decision-maker seeking to incorporate into an urban plan a relevant project relating to the scoping document notifies the proponent of such intention if the relevant project relating to the scoping document is a Class-1 Project (if the proponent has already submitted a scoping document pursuant to Article 6, Paragraph 1 of this Law, then the proponent and the recipient of the scoping document), or notifies the proponent, the recipient of a report from the proponent in accordance with Article 4, Paragraph 1 of this Law, and the prefectural governor(s) referred to in Paragraph 2 of that same Article 4, if the relevant project is a Class-2 Project (if the proponent has already submitted a scoping document in accordance with the aforementioned Article 6, Paragraph 1, then the proponent, the recipient of the report prepared and submitted by the proponent in accordance with the aforementioned Article 4, Paragraph 1, and the recipient of the scoping document), then the provisions of Article 40, Paragraph 1 shall apply to the relevant project relating to the aforementioned urban plan as of the time that the proponent receives the aforementioned notification. In such a case, the proponent shall, immediately after receiving the notification, submit the scoping document to the urban plan decision-maker.

2. In a case referred to in the preceding Paragraph 1, the environmental impact assessment and other procedures implemented by the proponent prior to receiving the notification shall be deemed to have been implemented by the urban plan decision-maker, and the procedures followed with regard to the proponent shall be deemed to have been followed with regard to the urban plan decision-maker.

3. If, after a public announcement by the proponent in accordance with Article 7 of this Law but before a public announcement as referred to in Article 16 of this Law, the urban plan decision-maker seeking to incorporate into an urban plan a relevant project relating to the aforementioned public announcement provides notification of such intention to the proponent and the recipient(s) of a scoping document or a draft EIS from the proponent (if the relevant project relating to such public announcement is a Class-2 Project, then to the aforementioned persons and to the recipient(s) of a report submitted by the said proponent in accordance with Article 4, Paragraph 1), the proponent, promptly after preparing a draft EIS relating to the relevant project if such a draft EIS has not been prepared, or, if a draft EIS has already been prepared, then promptly after receiving the aforementioned notification from the urban plan decision maker, shall submit the draft EIS to the urban plan decision-maker. In such a case, the provisions of Article 40, Paragraph 1 of this Law shall apply to the relevant project relating to the urban plan as of the time that the urban plan decision-maker receives the draft EIS.

4. The provisions of Paragraph 2 shall apply mutatis mutandis to procedures followed prior to a submission of a draft EIS pursuant to the provisions of the preceding Paragraph 3.

5. If a public announcement is made, pursuant to the provisions of Article 17, Paragraph 1 of the Urban Planning Law concerning an urban plan referred to the foregoing Paragraph 3 of this Article, after the proponent has made a public announcement in accordance with the provisions of Article 16 of this Law but before a public announcement has been made as required by in Article 27 of this Law, an environmental impact assessment shall be conducted and other procedures prescribed by Chapters III and IV of this Law shall continue to be followed with respect to the relevant project relating to the urban plan, and the provisions of Article 40, Paragraph 1 of this Law shall not apply. In such a case, the proponent, promptly after making a public announcement in accordance with the provisions of the aforementioned Article 27, shall submit to the urban plan decision-maker an EIS as required by that same Article 27 and relating to the public announcement (referred to as EIS in the following Article 45).


Article 45
(Special Provisions relating to the Urban Planning Law When a Proponent Conducts an Environmental Impact Assessment)

1. If incorporation into an urban plan as referred to in Paragraph 5 of the foregoing Article 44 requires an urban plan authorization, the urban plan decision-maker who has received submission of the EIS pursuant to the provisions of that same Paragraph 5 shall submit the EIS to the urban plan authorizer.

2. If an urban plan referred to in the preceding Paragraph 1 is subject to Article 18 of the Urban Planning Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and reinterpretation of Article 18, Paragraphs 1 and 2 of that same Law pursuant to the provisions of Article 22, Paragraph 1 of that same Law) or Article 19 of that same Law (including application mutatis mutandis of Article 21, Paragraph 2 of that same Law, and reinterpretation pursuant to the provisions of Article 22, Paragraph 1 of that same Law), the provisions of Article 42, Paragraph 2 of this Law shall apply mutatis mutandis when the urban plan decision-maker seeks to incorporate into an urban plan the relevant project relating to the EIS submitted pursuant to Paragraph 5 of the foregoing Article 44, and the provisions of Article 42, Paragraph 3 shall apply mutatis mutandis when an urban plan authorizer issues an urban plan authorization relating to the urban plan. In such a case, the Reinterpretation of Provisions (see Appendix 1 (4)) shall prevail.


Article 46
(Cooperation of the Proponent)

1. An urban plan decision-maker may ask the proponent or the person seeking to implement a Class-2 Project to cooperate, through such means as providing reference materials and attending explanatory meetings, in conducting an environmental impact assessment and following other procedures stipulated in Articles 39 through 41 and Articles 43 and 44 of this Law.

2. Of the proponents, the heads of administrative organizations of the national government (including local branches), the corporations referred to in Article 2, Paragraph 2, Item (2) (c) of this Law, and others designated by government ordinance shall conduct an environmental impact assessment if so requested by the urban plan decision-maker.


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