Laws :Environmental Policy

Environmental Impact Assessment Law_Supplementary Provisions

Supplementary Provisions

Article 1
(Effective Date)
This Law shall come into force on a date, to be determined by government ordinance, that shall be within two years from the date of the promulgation of this Law; provided, however, the provisions referred to in Items (1) and (2) below shall become effective on the date specified in each Item.
(1)
The provisions of this Laws Article 1; Article 2; Article 4 Paragraph 10; Article 13; Article 39, Paragraph 2 (limited to the portions that relate to Article 4, Paragraph 10); Article 48, Paragraphs 1 and 2 (limited to the portions that relate to Article 13); Article 58; and Article 8 of the Supplementary Provisions: a date, to be determined by government ordinance, that shall be within six months of the date of promulgation of this Law.
(2)
The provisions of this Laws Article 4, Paragraph 3 (hereinafter in this Item limited to the portions that relate to ministerial regulations referred to in that same Paragraph 3) and Paragraph 9; Article 5, Paragraph 1 (hereinafter in this Item limited to the portions that relate to ministerial regulations referred to in that same Paragraph 1); Article 6, Paragraph 1 (limited to the portions that relate to ministerial regulations) and Paragraph 2; Article 7 (limited to the portions that relate to a regulation of the Prime Ministers Office as referred to in that same Article 7); Article 8, Paragraph 2 (limited to the portions that relate to a regulation of the Prime Ministers Office as referred to in that same Paragraph 2); Article 11, Paragraph 1 (hereinafter in this Item (2) limited to the portions that relate to ministerial regulations referred to in that same Paragraph 1) and Paragraph 3; Article 12, Paragraph 1 (hereinafter in this Item (2) limited to the portions that relate to ministerial regulations referred to in that same Paragraph 1) and Paragraph 2; Article 39 Paragraph 2 (limited to the portions that relate to Article 4, Paragraphs 3 and 9); Article 40 Paragraph 2 (limited to the portions that relate to Article 5, Paragraph 1); Article 48, Paragraph 2 (limited to the portions that relate to Article 11, Paragraphs 1 and 3; and Article 12, Paragraphs 1 and 2); Paragraphs 2, 3, and 4 of Article 3 of these Supplementary Provisions (limited to the portions that relate to Paragraphs 2 and 3 of that same Article 3); and Article 5 of these Supplementary Provisions: a date, determined by government ordinance, that shall be within one year from the date of promulgation of this Law.

Article 2
(Transitional Measures)

1. If on the date that this Law becomes effective there exist documents referred to in Items (1) through (9) below (limited to those designated in the following Paragraph 2 on the date that this Law becomes effective) that have been prepared pursuant to prefectural ordinance or administrative guidance, etc. regarding a project that, as a result of this Law, newly becomes a relevant project (including a project that newly becomes a Class-2 Project concerning which measures have been taken pursuant to Article 4, Paragraph 3, Item (1) of this Law (including application through reinterpretation pursuant to Article 39, Paragraph 2 of this Law)), such documents shall be deemed to be documents referred to in each of the Items below:

(1)
A document of the type referred to in Article 53, Paragraph 1, Item (1) of this Law: a scoping document that has been processed in accordance with the procedures prescribed by Article 7 of this Law.
(2)
A document of the type referred to in Article 53, Paragraph 1, Item (2) of this Law: a document that is of the type referred to in Article 9 of this Law and that has been processed in accordance with the procedures stipulated in that same Article 9.
(3)
A document of the type referred to in Article 53, Paragraph 1, Item (3) of this Law: a document referred to in Article 10, Paragraph 1.
(4)
A document of the type referred to in Article 53, Paragraph 1, Item (4) of this Law: a draft EIS that has been processed in accordance with the procedures prescribed in Articles 16 and 17 of this Law.
(5)
A document of the type referred to in Article 53, Paragraph 1, Item (5) of this Law: a document of the type that is referred to in Article 19 of this Law and that has been processed in accordance with the procedures stipulated in that same Article 19.
(6)
A document of the type referred to in Article 53, Paragraph 1, Item (6) of this Law: a document of the type referred to in Article 20, Paragraph 1 of this Law.
(7)
A document of the type referred to in Article 53, Paragraph 1, Item (7) of this Law: an EIS prepared in accordance with the provisions of Article 21, Paragraph 2 of this Law.
(8)
A document of the type referred to in Article 53, Paragraph 1, Item (8) of this Law: an EIS prepared in accordance with the provisions of Article 26, Paragraph 2 of this Law.
(9)
A document of the type referred to in Article 53, Paragraph 1, Item (9) of this Law: an EIS that has been processed in accordance with Article 27 of this Law.

2. The respective documents referred to in the foregoing Items (1) through (9) of the preceding Paragraph 1 shall be evaluated by (a) the director-general of the Environment Agency after listening to the opinions of the related local public bodies if the said document is prepared on the basis of 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 such 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 the 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 will follow other procedures relating to the Class-1 or Class-2 Project relating to such 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 said 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 newly becomes a relevant port and harbor plan as a result of this Law coming into force. In such a case, the Reinterpretation of Provisions (see Appendix 2 (3)) shall prevail.


Article 3

1. The provisions of Chapters II through VII of this Law shall not apply to those Class-1 or Class-2 Projects that are referred to in the following Items (1) through (5) (limited, in the case of those referred to in Items (1) through (4), to: (a) those projects not amended after the effective date on which this Law becomes effective [hereinafter in this Article referred to as effective date of this Law]; or (b) those projects amended in order 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 that is of the type referred to in Article 2, Paragraph 2, Item (2) (a) of this Law and that for which a license or other required approval was granted, or concerning which a designated report was filed prior to the effective date of this Law.
(2)
A project that is of the type referred to in Article 2, Paragraph 2, Item (2) (b) of this Law, and that for which a decision concerning the granting of subsidies, etc. by the national government was made in accordance with the provisions of that same Item (2) (b) prior to the effective date of this Law.
(3)
A project, other than of the types referred to in the preceding two Items (1) and (2), that is implemented on the basis of a national plan that was adopted, prior to the effective date of this Law, by government ordinance pursuant to the provisions of a law, including construction plans stipulated in Article 5, Paragraph 1 of the National Expressway Law (Law No. 79 of 1957).
(4)
A project, other than those referred to in the preceding three Items (1) through (3), that was incorporated, prior to the effective date of this Law, into an urban plan that was publicly announced pursuant to the provisions of Article 17, Paragraph 1 of the Urban Planning Law.
(5)
A project, other than those referred to in the preceding two Items (3) and (4), that is either a Class-1 or Class-2 Project of the types referred to in Article 2, Paragraph 2, Items (2) (c) through (2) (e), and that is implemented within six months from the effective date of this Law.

2. With regard to the projects referred to in the preceding Paragraph 1, if a document that relates to such a Class-1 or Class-2 Project and that is referred to in any of the Items (1) through (9) in Paragraph 1 of Article 53 of this Law, has been prepared, pursuant to prefectural ordinance, prior to the effective date of this Law, an environmental impact assessment and other procedures relating to the said project may be continued 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 that is referred to in any of the Items (1) through (5) in Paragraph 1 of this Article 3 and that, due to changes in its contents after the effective date of this Law, will be implemented as a Class-1 or Class-2 Project (provided that the project meets conditions, established by government ordinance, with regard to reducing the degree of its environmental impact).


Article 4

1. Notwithstanding the provisions of Paragraph 1 of the preceding Article 3, a person who seeks to implement a Class-1 or Class-2 Project of the type referred to in any of the Items (1) through (5) of that same Paragraph 1 of the preceding Article 3 may conduct an environmental impact assessment and may implement other procedures relating to the project, in accordance with 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 Class-1 or Class-2 Project of the type referred to in Article 4, Paragraph 1 of the Supplementary Provisions.


Article 5

1. A person who becomes a proponent after this Law becomes effective may conduct an environmental impact assessment and may implement other procedures in accordance with the provisions of Articles 5 through 12 of this Law, after the effective date of the provisions of Article 1, Item (2) of the Supplementary Provisions, but before the effective date of this Law.

2. If a person referred to in the preceding Paragraph 1 has decided to conduct an environmental impact assessment and to implement other procedures pursuant to the provisions of that same Paragraph 1, he or she shall promptly report such decision to the competent cabinet minister pursuant to the provisions of a regulation to be adopted by the Prime Ministers Office.

3. A competent cabinet minister receiving a report prepared and submitted pursuant to the preceding Paragraph 2 shall without delay publicly announce the receipt of such report.

4. If there is made a public announcement as referred to in the preceding Paragraph 3, and if the person referred to in Paragraph 1 has conducted an environmental impact assessment and implemented other procedures required of such persons pursuant to the provisions of Articles 5 through 12 of this Law, the person who is the related governor or the related mayor when this Law becomes effective shall implement the procedures required of governors or mayors in accordance with the aforementioned provisions of Articles 5 through 12.

5. Procedures implemented, with regard to a relevant project, pursuant to the provisions of the preceding Paragraph 4 shall be deemed to be implemented on the applicable effective date in accordance with the equivalent provisions of this Law.

6. The provisions of each of the foregoing Paragraphs 1 through 5 shall apply mutatis mutandis to an urban plan decision-maker who, pursuant to the provisions of Article 40, Paragraph 1 of this Law and after the effective date of this Law, conducts an environmental impact assessment and implements other procedures on behalf of the proponent. In such a case, the Reinterpretation of Provisions (see Appendix 1) shall prevail.


Article 6
(Reliance on Government Ordinance)
Matters relating to transitional measures necessary for the enforcement of this Law, other than those that are stipulated in Articles 2 through 5 of these Supplementary Provisions, shall be determined by government ordinance.

Article 7
(Review)
Ten years the effective date of this Law, the government shall review the way that this Law has been enforced, and shall take necessary measures based on the results of such review.

Article 8
(Partial Amendment of the Law to Establish the Environment Agency)
The Law to Establish the Environment Agency (Law No. 88 of 1971) shall be amended as follows: Add the following Item next to Article 4, Item 6: 6-2. To handle clerical work (except work to be done by other administrative organizations) relating to the enforcement of the Environmental Impact Assessment Law (Law No. 81 of 1997).

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