Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 7 - Section 2

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

Section 2. Environmental Impact Assessments and Other Procedures relating to Port and Harbor Plans

Article 47
(Definitions of Terms)
In this Section, in the following Chapter, and in the Supplementary Provisions, port and harbor environmental impact assessment shall mean the process of (a) surveying, predicting, and assessing the likely impact that development, use, and maintenance of ports and harbors and maintenance of areas adjacent to ports and harbors (hereinafter in this Section referred to as port and harbor developments, etc.) that are incorporated in a port and harbor plan, as defined in Article 3-3, Paragraph 1 of the Port and Harbor Law (Law No. 218 of 1950) as applicable to the important ports and harbors referred to in Article 2, Paragraph 2 of the Port and Harbor Law (hereinafter referred to as port and harbor plan), will have on various aspects of the environment; (b) studying possible environmental protection measures relating to such port and harbor developments, etc. that are incorporated in a port and harbor plan; and (c) assessing the likely overall environmental impact of such measures.

Article 48
(Port and Harbor Environmental Impact Assessments and Other Procedures relating to Port and Harbor Plans)

1. If the adoption of a port and harbor plan or amendment of an already adopted port and harbor plan involves large-scale reclamation or other elements within the categories designated by government ordinance, the port and harbor administrator referred to in Article 2, Paragraph 1 of the Port and Harbor Law (hereinafter referred to as port and harbor administrator) shall conduct a port and harbor environmental impact assessment and shall follow other procedures pursuant to the provisions of the following Paragraphs 2 and 3 of this Article, with respect to the port and harbor plan relating to the aforementioned adoption and amendment (hereinafter referred to as relevant port and harbor plan).

2. The provisions of Article 2, Paragraph 3 through Chapter V (except Article 14, Paragraph 1, Item (4) and Paragraph 2; Articles 22 through 26; Article 29; and Article 30, Paragraph 1 Item (3) and Paragraph 2) and Article 31, Paragraphs 1 through 3 of this Law shall apply mutatis mutandis to port and harbor environmental impact assessments and other procedures referred to in the preceding Paragraph 1 of this Article. In such a case, the Reinterpretation of Provisions (see Appendix 2 (1)) shall be controlling.

3. When adopting a proposed relevant port and harbor plan or amending an already adopted relevant port and harbor plan, the port and harbor administrator, pursuant to the provisions of the Port and Harbor Law and in accordance with the content of a port and harbor environmental impact statement as referred to in Article 21, Paragraph 2 of this Law, as applied mutatis mutandis by the preceding Paragraph 2 of this Article, shall ensure that the environment is protected, and shall do so by paying due attention to the environmental impact of port and harbor developments, etc. that are stipulated in such port and harbor plans.


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