Laws :Environmental Policy

Environmental Impact Assessment Law_Chapter 8

Chapter VIII Miscellaneous Provisions

Article 49
(Communication with Local Public Bodies)
The proponent and others shall maintain close communication with, and may seek cooperation from, related local public bodies concerning public announcements, public reviews, and the holding of explanatory meetings as provided for in this Law.

Article 50
(Consideration by the National Government)
When a local public body (including a port and harbor administrator) implements a relevant project (including adoption or amendment of a relevant port and harbor plan) by receiving subsidies, etc. from the national government, the national government shall give proper consideration to the costs likely to be incurred in conducting an environmental impact assessment and following other procedures required by this Law.

Article 51
(Technological Development)
In order to improve technologies necessary for conducting environmental impact assessments, the national government shall endeavor to promote research and development of such technologies and to disseminate the results thereof.

Article 52
(Exemptions, etc.)

1. The provisions of this Law shall not apply to air pollution, water pollution (including deterioration of water conditions other than water quality and soil at the bottom), or soil pollution caused by radioactive substances.

2. The provisions of Chapters II through VII of this Law shall not apply to the following: (a) a project to restore an area stricken by natural calamities, as stipulated in Article 87 of the Basic Law for Disaster Relief (Law No. 223 of 1961); (b) projects referred to in Article 88, Paragraph 2 of that same Law; (c) a project incorporated into an urban plan pursuant to Article 84, Paragraph 1 of the Building Standards Law (Law No. 201 of 1950); (d) a project, as referred to in that same Paragraph 1, that is subject to the provisions of that same Article 84; or (e) a project, as stipulated in Article 5, Paragraph 1, Item 3 of the Law concerning Special Measures for Recovery of Urban Areas Stricken by Disasters (Law No. 14 of 1992), to be implemented in a disaster-stricken urban area designated for accelerated recovery under Article 5, Paragraph 1 of that same Law.


Article 53
(Institution of Orders and Transitional Measures)

1. In implementing a government ordinance (hereinafter in this Article and in Paragraph 1 of the following Article 54 to be referred to as government ordinance relating to a relevant project, etc.) that is based on the provisions of Article 2, Paragraph 2 or 3, and whose institution, amendment, or abolition results in a certain project newly becoming a relevant project (including a project that newly becomes a relevant project concerning which measures have been taken pursuant to Article 4, Paragraph 3, Item (1) of this Law, including reinterpretation pursuant to the provisions of Article 39, Paragraph 2 of this Law; hereinafter referred to as new relevant project, etc.), the documents referred to in the following Items (1) through (9) (limited to those designated in the provisions of the following Paragraph 2 when enacting the government ordinance concerning the relevant project, etc.) that are prepared in accordance with a prefectural ordinance or administrative guidance stipulated in Article 36 of the Administrative Procedure Law (Law No. 88 of 1993) (including ordinances and guidance issued by a local public body pursuant to that same Article 36) or other measures (hereinafter referred to as administrative guidance, etc.) shall be deemed to be documents referred to in each of the following Items (1) through (9).

(1)
A document describing the items of an environmental impact assessment that is deemed to have been submitted to the heads of the local public bodies having jurisdiction over an area recognized as being environmentally impacted (hereinafter in this Paragraph 1 referred to as heads of related local public bodies), to have been subject to public review and other procedures intended to seek the opinions of third parties: a scoping document that has been processed in accordance with the procedures set forth in Article 7 of this Law.
(2)
A document outlining opinions, from the standpoint of protecting the environment, regarding a document, as referred to in the foregoing Item (1), that is deemed to have been submitted to the heads of related local public bodies: a document, as referred to in Article 9 of this Law, that has been processed in accordance with the procedures set forth in that same Article 9.
(3)
A document in which the heads of related local public bodies are deemed to have expressed their opinions, from the standpoint of protecting the environment, regarding a document referred to in Item (1) above: a document prepared and processed pursuant to Article 10, Paragraph 1 of this Law.
(4)
A document that has been prepared to be reviewed by and commented upon by the public, from the standpoint of protecting the environment, with regard to the results of an environmental impact assessment that is deemed to have been the subject of a public announcement and public review in accordance with Article 16 of this Law, and through procedures equivalent to the measures referred to in Article 17, Paragraph 1 of this Law, or in the latter half of Paragraph 4 of that Article 17, for making the public aware of the aforementioned results: a draft EIS that has been prepared and processed pursuant to the aforementioned Articles 16 and 17.
(5)
A document outlining opinions, from the standpoint of protecting the environment, regarding a document, as referred to in the foregoing Item (4), that is deemed to have been submitted to the heads of related local public bodies: a document, as referred to in Article 19 of this Law, that has been processed in accordance with the provisions of that same Article 19.
(6)
A document deemed to contain opinions, from the standpoint of protecting the environment, expressed by the heads of related local public bodies with regard to a document as referred to in Item (4) above: a document referred to in Article 20, Paragraph 1 of this Law.
(7)
A document deemed to describe the results of a study, conducted after the expression of opinions referred to in the preceding Item (6), regarding the matters described in a document referred to in Item (4) above: an EIS prepared and processed prepared as prescribed by Article 21, Paragraph 2 of this Law.
(8)
A document deemed to describe the results of a study regarding matters described in a document referred to in the preceding Item (7) or in Item (4) above, with due regard having been given to the opinions of related administrative organizations at an event held to permit the expression of such opinions: an EIS submitted as prescribed by Article 26, Paragraph 2 of this Law.
(9)
A document deemed to have been the subject of a public announcement equivalent to that which is prescribed by Article 27 of this Laws: an EIS that has been made available for public review in accordance with the procedures prescribed by that same Article 27.

2. A document referred to in any of the foregoing Items (1) through (9) shall be evaluated by (a) the director-general of the Environment Agency after listening to opinions of the related local public bodies if the document has been prepared on the basis of a prefectural ordinance or administrative guidance, etc. (limited to administrative guidance relating to local public bodies), or by (b) the competent cabinet minister in consultation with the director-general of the Environment Agency (in the case of a Class-1 or Class-2 Project that is incorporated into an urban plan as an urban development project pursuant to the provisions of the Urban Planning Law, and if said Class-1 or Class-2 Project or facilities related to the Class-1 or Class-2 Project are incorporated into an urban plan as urban facilities pursuant to the provisions of that same Urban Planning Law, and in case of administrative guidance, etc. that stipulate that the urban plan decision-maker designated by the urban plan will conduct an environmental impact assessment and follow other procedures relating to the Class-1 or Class-2 Project relating to said urban facilities, then by the Minister of Construction in consultation with the competent cabinet minister and the director-general of the Environment Agency) if the document is prepared on the basis of administrative guidance, etc. (limited to administrative guidance of the national government).

3. The results of evaluation conducted pursuant to the provisions of the preceding Paragraph 2 shall be made public.

4. The provisions of the three preceding Paragraphs 1 through 3 (except Paragraph 1 Items (1) through (3) and Item (8)) shall apply mutatis mutandis to a port and harbor plan that has newly become a relevant port and harbor plan through institution, amendment, or abolition of a government ordinance pursuant to the provisions of Article 48, Paragraph 1 of this Law. In such a case, the Reinterpretation of Provisions (see Appendix 2 (2)) shall prevail.


Article 54

1. The provisions of Chapters II through VII of this Law shall not apply to: (a) those new relevant projects, etc. that are referred to below (limited, in case of those referred to in Items (1) through (4) to those new relevant projects, etc. not amended after the day on which the government ordinance concerning the relevant project etc. is enacted (hereinafter in this Article referred to as ordinance enactment date); (b) those new relevant projects, etc. that have been amended so as to reduce the scale of the project; (c) a project whose amendment is minor, as defined by government ordinance; or (d) a project whose amendment is of another type specified by government ordinance.

(1)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (a) of this Law, and for which a license or other required approval was granted or a required report was filed prior to the ordinance enactment date.
(2)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (b) of this Law, and for which a decision regarding the granting of subsidies, etc. by the national government has been made in accordance with that same Item (2) (b) prior to the ordinance enactment date.
(3)
A project, other than those referred to in the foregoing two Items (1) and (2), that is to be implemented on the basis of a national plan designated by government ordinance adopted pursuant to the provisions of a law, and for which said national plan was decided upon prior to the ordinance enactment date.
(4)
A project, other than those referred to in the foregoing three Items (1) through (3), that was incorporated, prior to the ordinance enactment date, into an urban plan that was publicly announced pursuant to the provisions of Article 17, Paragraph 1 of the Urban Planning Law (hereinafter including a project relating to urban facilities designated in said urban plan).
(5)
A project, other than those referred to in the two preceding Items (4) and (5), that is a new relevant project of a type referred to in Article 2, Paragraph 2, Items (2) (c) through (e) of this Law, and that is to be implemented within six months of the ordinance enactment date.

2. With regard to projects referred to in the preceding Paragraph 1, if a document that relates to a new relevant project, etc. and that is referred to in any of the Items (1) through (9) in Paragraph 1 of the foregoing Article 53 has been prepared pursuant to prefectural ordinance prior to the ordinance enactment date, an environmental impact assessment may continue to be conducted and other procedures relating to the project may continue to be followed in accordance with the prefectural ordinance, notwithstanding the provisions of Article 60 of this law.

3. The provisions of Chapters II through VII of this Law shall not apply to a project referred to in any of the Items (1) through (5) in Paragraph 1 of this Article 54 that will be implemented as a new relevant project, etc. due to changes in its content after the ordinance enactment date (provided that the project meets the conditions established by the government ordinance with regard to reducing the projects degree of environmental impact).


Article 55

1. A proponent seeking to implement a new relevant project, etc. that is referred to in any of the Items (1) through in Paragraph 1 of the foregoing Article 54 may conduct, notwithstanding the provisions of that same Paragraph 1, an environmental impact assessment, and may implement other procedures relating to the relevant project etc. pursuant to the examples contained in the provisions of Articles 5 through 27 or Articles 11 through 27.

2. The provisions of this Laws Articles 28 through 31 and Article 32, Paragraph 2 shall apply mutatis mutandis to a proponent conducting an environmental impact assessment or implementing other procedures pursuant to the provisions of the preceding Paragraph 1. In such a case, the wording a proponent in these provisions shall be construed to mean a person seeking to implement a new relevant project, etc., as stipulated in Article 55, Paragraph 1 of this Law.


Article 56
If an order is instituted, amended, or abolished on the basis of this Law, that order may prescribe, in addition to the measures referred to in the three foregoing Articles 53 through 55, transitional measures that are deemed reasonably necessary as a result of such institution, amendment, or abolition.

Article 57
(Reliance on Government Ordinance)
Matters necessary for the enforcement of this Law, other than those stipulated in this Law, shall be determined by government ordinance.

Article 58
(Competent Cabinet Minister)

1. A competent cabinet minister in this Law shall be as indicated by the following Items (1) through (6) according to the type of project or port and harbor plan referred to in each Item:

(1)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (a) of this Law: the minister responsible for clerical work relating to a license or other required approval and required report.
(2)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (b) of this Law: the minister responsible for clerical work relating to decisions made by the grant decision-maker.
(3)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (c) of this Law: the minister responsible for clerical work relating to supervision by the corporate supervisor.
(4)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (d) of this Law: the minister responsible for clerical work relating to implementation of the project.
(5)
A project of the type referred to in Article 2, Paragraph 2, Item (2) (e) of this Law: the minister responsible for clerical work relating to implementation of the project and the minister responsible for clerical work relating to any license, special permit, permission, authorization, approval or report relating to a project of the type referred to in (e) of that same Item (2).
(6)
A port and harbor plan: the Minister of Transport.

2. In this Law, a ministerial regulation shall mean an order issued by a competent cabinet minister (if the competent cabinet minister is the head of an extra-ministerial bureau of the Prime Ministers Office, then an ordinance of the Prime Ministers Office), and a ministerial regulation/regulation of the Ministry of Construction shall mean an order issued by a competent cabinet minister (if the competent cabinet minister is the head of an extra-ministerial bureau of the Prime Ministers Office, then the Prime Minister) and the Minister of Construction (if the competent cabinet minister is the Minister of Construction, then an order issued by the Minister of Construction).


Article 59
(Relation to Other Laws)
An environmental impact assessment and other procedures relating to a Class-1 or Class-2 Project of the type of project referred to in Article 2, Paragraph 2, Item (1) (e) shall be subject to this Law and the Electricity Enterprises Law.

Article 60
(Relation to Prefectural Ordinances)
The provisions of this Law shall not prevent a local public body from adopting a prefectural ordinance in order to institute provisions necessary to deal with the following matters:
(1)
Matters relating to environmental impact assessments and other procedures regarding projects other than Class-2 Projects and relevant projects.
(2)
Matters relating to procedures for environmental impact assessments conducted by a local public body with regard to a Class-2 Projects or a relevant project (provided that the provisions of this Law are not violated).

Article 61
(Respect for this Law in Implementing Policies of Local Public Bodies)
Local public bodies shall respect the spirit of this Law in taking necessary measures for conducting environmental impact assessments regarding projects having an impact on the environment of their respective areas.

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