アセスメント制度

環境影響評価法(英文)

環境影響評価法令等TOPへ戻る

The Environmental Impact Assessment Law
(enacted in June 1997, tentative translation by Environment Agency of Japan)


Contents

Chapter I. General Provisions (Articles 1 through 3)

Chapter II. Procedures Prior to Preparing a Draft Environmental Impact Statement

Section 1. Determinations regarding a Class-2 Project (Article 4)
Section 2. Preparation of a Scoping Document, etc. (Articles 5 through 10)
Section 3. Conducting an Environmental Impact Assessment, etc. (Articles 11 through 13)

Chapter III. Draft Environmental Impact Statements (Articles 14 through 20)

Chapter IV. Environmental Impact Statements

Section 1. Preparation of an Environmental Impact Statement, etc. (Articles 21 through 24)
Section 2. Supplementing an Environmental Impact Statement, etc. (Articles 25 through 27)

Chapter V. Amending a Relevant Project, etc. (Articles 28 through 30)

Chapter VI. Procedures After an Environmental Impact Statement is Made Public and Available for Public Review (Articles 31 through 38)

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

Section 1. Special Provisions relating to Relevant Projects Designated in Urban Plans (Articles 39 through 46)
Section 2. Environmental Impact Assessments and Other Procedures relating to Port and Harbor Plans (Articles 47 through 48)

Chapter VIII. Miscellaneous Provisions (Articles 49 through 61)

Supplementary Provisions


 

Chapter I. General Provisions

Article 1. Purposes

Because it is extremely important, in terms of protecting the environment, for a corporation that is undertaking a project that changes the shape of the terrain or that involves the construction of a new structure, or that is engaging in other similar activities, to conduct an environmental impact assessment in advance of such a project, the purposes of this law are to ensure that proper consideration is given to environmental protection issues relating to such a project and, ultimately, to ensure that present and future generations of this nationユs people enjoy healthy and culturally rewarding lives. In order to achieve these purposes, this law sets forth procedures and contains other provisions designed to clearly define the responsibilities of the government regarding environmental impact assessments and to ensure that such assessments are conducted properly and smoothly with respect to large-scale projects that could have a serious impact on the environment, and prescribes measures to reflect the results of such environmental impact assessments in implementing such projects and in determining the content of such projects.

 

Article 2. Definitions

1. In this law, "environmental impact assessment" shall mean the process of (a) surveying, predicting, and assessing the likely impact that a project (hereinafter meaning changes in the shape of the terrain [including dredging being conducted simultaneously], and the establishing, modifying, and expanding of a structure for specific purposes), will have on various aspects of the environment (if the purpose of the project includes business activities and other human activities on the project land or within a project structure after the implementation of a project, the impact of such activities is included) (hereinafter referred to simply as "environmental impact"); (b) studying possible environmental protection measures relating to the project; and (c) assessing the likely overall environmental impact of such measures.

2. In this law, "Class-1 Project" shall mean a large-scale project (in this and the following paragraph, メscaleモ shall mean the measurable aspects of a project, such as the land area to be altered and the size of any structure(s) to be built) that is designated by government ordinance as likely to have a serious impact on the environment and that is one of the following:

(1) A project in any of the following categories:

(a) A project to construct or reconstruct a national expressway, a national road, or another type of road prescribed in Article 2, Paragraph 1 of the Road Law (Law No. 180 of 1947), or any other type of road;

(b) A project to construct a dam across a river, as prescribed in Article 3, Paragraph 1 of the River Law (Law No. 167 of 1964), to construct or reconstruct a dam (hereinafter in this Item referred to as "a new-dam construction project"), or to construct or reconstruct river waterworks prescribed in Article 8 of the same law, provided that such a waterworks project is not a new-dam construction project;

(c) A project to construct or improve a railway as prescribed in the Railway Enterprise Law (Law No. 92 of 1986) or railway tracks as prescribed in the Railway Tracks Law (Law No. 76 of 1921);

(d) A project to construct or modify an airport or airport facility prescribed in Article 2, Paragraph 1 of the Airport Construction Law (Law No. 80 of 1956);

(e) A project to construct or modify a power generating structure to supply electricity to corporate entities, as prescribed in Article 38 of the Electricity Enterprises Law (Law No. 170 of 1964);

(f) A project to construct, modify, or expand a final domestic-waste disposal site as prescribed in Article 8, Paragraph 1 of the Waste Management and Public Cleansing Law (Law No. 137 of 1970) or a final industrial-waste disposal site as prescribed in Article 15, Paragraph 1 of the same law;

(g) A project to reclaim or dump public waters as prescribed in the Public Waters Reclamation Law (Law No. 57 of 1921) or to reclaim or dump other waters;

(h) A land readjustment project as prescribed in Article 2, Paragraph 1 of the Land Readjustment Law (Law 119 of 1954);

(i) A project to develop a new urban residential area as prescribed in Article 2, Paragraph 1 of the New Urban Residential Area Development Law (Law No. 134 of 1963);

(j) A project to construct an industrial estate as prescribed in Article 2, Paragraph 6 of the Law Concerning the Development of Suburban Development and Redevelopment Areas and Urban Development Areas in the National Capital Region (Law No. 98 of 1958) or in Article 2, Paragraph 4 of the Law Concerning Development of Suburban Development and Redevelopment Areas and Urban Development Areas in the Kinki Region (Law No. 145 of 1964);

(k) A project to develop a new urban infrastructure prescribed in Article 2, Paragraph 1 of the New Urban Infrastructure Development Law (Law No. 86 of 1972);

(l) A project to construct a distribution-business center as prescribed in Article 2, Paragraph 2 of the Law Concerning Construction of Distribution Business Centers (Law No. 110 of 1966);

(m) In addition to those enumerated in (a) through (l) above, a project designated by government ordinance as having an environmental impact over a broad area and as requiring an environment impact assessment as much as the projects listed in (a) through (l) require such assessment.

(2) A project in any of the following categories:

(a) A project (other than those in (e) below) whose implementation is subject to license, special permit, permission, authorization, approval, or reporting in accordance with the provisions of laws that are designated by government ordinance (in the case of reporting, limited only to projects subject to specific legal provisions authorizing a recommendation or order to amend a report within a specified time following the filing of the report; this limitation also applies to (e) below).

(b) A project (other than those listed in (a) above) that is eligible for a government subsidy (hereinafter meaning a subsidy prescribed in Article 2, Paragraph 1, Item 1 of the Law on Optimizing Implementation of Budgets Relating to Subsidies, etc. (Law No. 179 of 1955) and the amount borne by the national government as prescribed in Item 2 of the same paragraph).

(c) A project implemented by a corporation established by a special law (but limited to projects in which the national government has invested), except those projects referred to in (a) and (b) above.

(d) A project implemented by the national government (except those projects referred to in (a) above and (e) below).

(e) A project of the national government, the implementation of which is subject to license, special permit, permission, authorization, approval, or reporting in accordance with the provisions of laws that are designated by government ordinance.

3. In this law, "Class-2 Project" shall mean a project that (a) meets the requirements of one of Items (a) through (e) of the preceding Paragraph 2 (2); (b) is on a scale commensurate with that of a Class-1 Project (but limited to projects whose scale is above the threshold level of a Class-1 Project as determined by government ordinance); and (c) for which a determination as to whether it will have a serious impact on the environment (hereinafter referred to simply as "determination") must be made by a person or persons as prescribed in the Items (1) through (5) of Article 4, Paragraph 1 below, in accordance with the provisions of that Article 4.

4. In this law, "relevant project" shall mean a Class-1 or Class-2 Project for which action has been taken pursuant to Article 4, Paragraph 3, Item (1) below (including application mutatis mutandis of the provisions of Article 39, Paragraph 2, except for projects for which action is taken pursuant to Article 4, Paragraph 3, Item (2) below in accordance with Article 4, Paragraph 4 below [including application mutatis mutandis of the provisions of Article 39, Paragraph 2 below] and Article 29, Paragraph 2 [including application mutatis mutandis of the provisions of Article 40, Paragraph 2 below]).

5. In this law (except in this Chapter), "proponent" shall mean a person seeking to implement a relevant project (in the case of a relevant project implemented by the national government, the head of the administrative organization implementing the relevant project [including local sub-branches]) or, in the case of a consigned relevant project, the person seeking to consign the project).

 

Article 3. Responsibilities of the National Government and Other Parties

Fully recognizing that it is important for an environmental impact assessment to be conducted before a project is implemented, the national government, local governments, proponents, and citizens shall endeavor from their respective positions to ensure that such an environmental impact assessment is conducted properly and smoothly, and that other procedures stipulated in this law are properly and smoothly followed, in order to avoid or to reduce as much as possible the environmental burdens resulting from the project, and in order to assist in giving proper consideration to the protection of the environment in regard to the implementation of the project.

 

Chapter II. Procedures Prior to Preparing

a Draft Environmental Impact Statement

Section 1. Determinations regarding a Class-2 Project

Article 4.

1. A person seeking to implement a Class-2 Project (in case of a project implemented by the national government, hereinafter the head of the administrative organization implementing the project [including local sub-branches], or, the in case of a consigned project, hereinafter the person seeking to consign the project), shall prepare a written report, according to the classification of the Class-2 Project hereunder, that shall contain the following information: the name and address of that person (in the case of a corporation, its name, the name of its representative, and the address of its head office), the type and scale of the Class-2 Project, the locality where the Class-2 Project will be implemented, and other general information concerning the Class-2 Project (all of the above information to be referred to hereinafter in this paragraph as "name, etc."). Such written report shall be submitted to the person(s) responsible for the particular type of project, in terms of the categories listed below, pursuant to regulations issued by competent ministries and agencies in accordance with the types of project referred to in (a) through (m) of Article 2 Paragraph 2, Item (1) above. If the proponent of a Class-2 Project referred to in Article 4, Paragraph 1, Item (4) or (5) is the competent cabinet minister as stipulated in said Item (4) or (5), that minister shall prepare a document stating the name, etc. in lieu of reporting to the competent cabinet minister.

(1) A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (a): to the person who issues the license, special permit, permission, authorization or approval (hereinafter referred to as メlicense or other required approval"), as referred to in that same Item 2 (a), and who receives a report as described in that same Item (2) (a) (hereinafter referred to as a "designated report").

(2) A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (b): to the person who is authorized to decide whether to grant a national government subsidy as described in the provisions of that same Item (2) (b) (hereinafter referred to as "grant decision-maker").

(3) A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (c): to the person who supervises the relevant project, as referred to in that same Item (2) (c), for the corporation in accordance with the provisions of the law referred to in that same Item (2) (c) (hereinafter referred to as "corporate supervisor").

(4) A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (d): to the responsible minister who has control over the clerical work relating to implementation of that project.

(5) A Class-2 Project that falls under Article 2, Paragraph 2, Item (2) (e): to the responsible minister who has control over the clerical work relating to implementation of that project, and to the person who issues the license, special permit, permission, authorization or approval, or to the person who receives a report as described in that same Item (2) (e).

2. The person(s) identified in Items (1) through (5) of the immediately preceding Paragraph 1 shall send a copy of the report prepared thereunder (including documents provided for in the latter half of the same Paragraph 1; hereinafter in this Article and in Article 29, Paragraph 1 referred to as "report(s)") to the prefectural governor(s) who has/have jurisdiction over the area in which the Class-2 Project will be undertaken, and shall ask the governor(s) to submit, after taking a minimum of 30 days to give consideration to the matter, his or her opinions, and the reasons therefor, as to whether an environmental impact assessment is necessary and whether other procedures must be followed pursuant to this law (excluding this Article).

3. The person(s) identified in each of the Items of Paragraph 1 of this Article, after giving due consideration to the opinions of the prefectural governor(s), submitted as prescribed in the immediately preceding Paragraph 2, shall prepare a determination concerning the Class-2 Project within 60 days of the receipt of such report, pursuant to ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2 Items (1) (a) through (m); and, if the degree of environmental impact is determined likely to be serious, the aforementioned person(s) shall take action pursuant to the following Item (1) ; if the degree of environmental impact is determined likely not to be serious, they shall take action pursuant to the following Item (2).

(1) Notify in writing the person(s) who filed the report(s) and the prefectural governor(s) referred to in the preceding Paragraph 2 (regarding the latter half of Paragraph 1, the prefectural governor(s) referred to in the preceding Paragraph 2) that an environmental impact assessment is necessary and/or that other procedures must be followed pursuant to the provisions of this law (except this Article), setting forth the reasons for such opinion.

(2) To notify in writing the person(s) who filed the report(s) and the prefectural governor(s) referred to in the preceding Paragraph (regarding the latter half of Paragraph 1, the prefectural governor(s) referred to in the preceding Paragraph) that an environmental impact assessment is not necessary and that other procedures pursuant to the provisions of this law (except this Article) need not be followed, setting forth the reasons for such opinion.

4. If the person(s) who has/have filed report(s) and has/have received the notification described in the preceding Paragraph 3, Item (1) seeks to change the scale of the said Class-2 Project or the area in which it will be implemented, and if after such change the project falls within the definition of a Class-2 Project, said person(s) may file a report concerning the project after such change. In such a case, the provisions of the preceding two paragraphs shall be applied mutatis mutandis to the new report.

5. A person seeking to implement a Class-2 Project (other than a relevant project) may not implement said Class-2 Project until action is taken pursuant to Paragraph 3, Item (2) (including application mutatis mutandis of the immediately preceding Paragraph 4 and of Article 29, Paragraph 2); or, if there are two or more persons referred to in Items (1) through (5) of Paragraph 1 of this Article 4, relating to said Class-2 Project, then the project may not be implemented until the required action is taken with regard to all persons referred to in said Items (1) through (5).

6. The provisions of Paragraph 1 of this Article notwithstanding, a person seeking to implement a Class-2 Project may conduct, without receiving a determination, an environmental impact assessment and may follow other procedures pursuant to the provisions of this law (except this Article). In such a case, if the person seeking to implement such a Class-2 Project is not the competent cabinet minister as designated in Item (4) or (5) of the same Paragraph 1, that person shall notify the person(s) referred to in the Items of the same Paragraph 1 that he or she will conduct an environmental impact assessment and will follow other procedures in accordance with the provisions of this law (except this Article); and if that person is the competent cabinet minister, he or she shall prepare a document to that effect.

7. A person receiving notification or preparing a document pursuant to the immediately preceding Paragraph 6 shall send a copy of the notification or the document, as the case may be, to the prefectural governor(s) who has/have jurisdiction over the area in which will be implemented the Class-2 Project relating to that notification or document.

8. With regard to the Class-2 Project relating to the notification or preparation of a document as stipulated in Paragraph 6 above, measures shall be deemed to have been taken pursuant to Paragraph 3, Item (1) at the time of preparation of the said notification or document.

9. In order to ensure that a proper determination is made concerning the type and scale of a Class-2 Project and the environmental conditions of the area and vicinity in which the Class-2 Project will be implemented, the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) shall consult with the director-general of the Environment Agency and shall prepare a ministerial regulation setting forth the standards to be used in making the determination.

10. The director-general of the Environment Agency, in consultation with the heads of relevant administrative organizations, shall establish and publish basic guidelines relating to the standards to be applied by the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) pursuant to the preceding Paragraph.

 

Section 2. Preparation of a Scoping Document, etc.

Article 5. Preparation of a Scoping Document

1. The proponent shall prepare a scoping document concerning the environmental impact assessment (hereinafter referred to as a "scoping document"). Said scoping document shall present information concerning the items listed below regarding the scope of the environmental impact assessment (limited to those items relating to survey, prediction, and assessment activities) relating to the relevant project, pursuant to ministerial regulations regarding the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m):

(1) The name and address of the proponent (in the case of a corporation, its name, the name of its representative, and the address of its head office);

(2) The purpose and content of the relevant project;

(3) The general conditions of the area in which the relevant project will be implemented (hereinafter referred to as the "relevant project implementation area") and its vicinity; and

(4) The items to be considered in an environmental impact assessment of the relevant project, and the survey, prediction, and assessment methods to be utilized (if such methods have not yet been determined, then the items to be considered in the environmental impact assessment of the relevant project).

2. If a proponent seeks to implement two or more relevant projects that are related to each other, the proponent of those relevant projects may prepare one scoping document covering all the projects.

 

Article 6. Submission of Scoping Document; Other Procedures relating to a Scoping Document

1. After preparing a scoping document, the proponent, pursuant to the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m), shall submit the scoping document to the prefectural governor(s) and to the mayors of the cities (hereinafter including the heads of the Tokyo metropolitan wards), towns, and villages having jurisdiction over the area deemed likely to be environmentally impacted by the relevant project.

2. In order to ensure that the area referred to in the preceding paragraph is appropriate in scope for seeking opinions, from the standpoint of protecting the environment, regarding the environmental impact assessment of the relevant project, the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) shall consult with the director-general of the Environment Agency and shall prepare ministerial regulations setting forth standards to ensure that such scope is appropriate.

 

Article 7. Making a Scoping Document Public and Available for Public Inspection

For the purpose of inviting comments, from the standpoint of protecting the environment, regarding both the items to be considered in an environmental impact assessment and the survey, prediction, and assessment methods to be utilized, the proponent, upon preparing the scoping document, shall make public, pursuant to a regulation to be adopted by the Prime Minister's Office, the fact that a scoping document has been prepared, and shall make the scoping document available for public review in the area referred to in Paragraph 1 of the preceding Article 7 for one month from the date on which the scoping document is made known to the public.

 

Article 8. Submission of Comments regarding a Scoping Document

1. A person who has comments, from the standpoint of protecting the environment, regarding a scoping document may submit such comments to the proponent during a period that shall commence on the date that the document becomes known to the public and that shall end two weeks after the day following the termination of the period during which the statement is to be available for public review.

2. The content of and procedures to be followed in submitting comments as referred to in the preceding Paragraph 1 shall be determined by a regulation adopted by the Prime Minister's Office.

 

Article 9. Submission of an Outline of Comments regarding a Scoping Document

After termination of the period referred to in Paragraph 1 of the preceding Article 8, the proponent shall submit to the prefectural governor(s) having jurisdiction over the area stipulated in Article 6, Paragraph 1 and to the mayors of the cities, towns and villages having jurisdiction over said area, a document outlining the comments submitted pursuant to the provisions of Paragraph 1 of the preceding Article 8.

 

Article 10. Comments of Prefectural Governors and Other Officials with regard to a Scoping Document

1. Upon receiving the document referred to in the preceding Article 9, the prefectural governor(s) referred to in that same Article shall send to the proponent written comments, from the standpoint of protecting the environment, regarding the scoping document, within a time period to be established by government ordinance.

2. While abiding by the provisions of the preceding Paragraph 1, the prefectural governor(s) shall seek comments, from the standpoint of protecting the environment, from the mayors of the cities, towns, and villages referred to in the preceding Article 9, regarding the scoping document and shall set a deadline by which time such comments must be received by the prefectural governor(s).

3. While abiding by the provisions of Paragraph 1, the prefectural governor(s) shall take into consideration the comments submitted by the aforementioned mayors of the cities, towns, and villages pursuant to the preceding Paragraph 2, as well as the comments outlined in the documents referred to in the preceding Article 9.

 

Section 3 Conducting an Environmental Impact Assessment, etc.

Article 11. Selection of Items to be Considered in an Environmental Impact Assessment

1. The proponent shall give due consideration to comments expressed pursuant to Paragraph 1 of the preceding Article 10, shall take into consideration comments expressed pursuant to Article 8, Paragraph 1 in reviewing matters listed in Article 5, Paragraph 1, Item (4), and shall select both the items to be considered in an environmental impact assessment relating to the relevant project and the survey, prediction, and assessment methods to be utilized, pursuant to ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m).

2. When deemed necessary for making selections pursuant to the provisions of the preceding Paragraph 1, the proponent may submit a document to the competent cabinet minister expressing the proponentユs desire to receive documents that provide technical advice.

3. With a view to ensuring the matters set forth in the Items under Article 14 of the Environment Basic Law (Law No. 91 of 1993), the ministerial regulations referred to in Paragraph 1 shall be adopted by the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) in consultation with the director-general of the Environment Agency, in order to establish guidelines for selecting, on the basis of already acquired scientific knowledge, both the items that are regarded as necessary to be considered in an environmental impact assessment in order to properly conduct an environmental impact assessment relating to the relevant project, and the methods for reasonably conducting survey, prediction, and assessment activities.

 

Article 12. Conducting an Environmental Impact Assessment

1. On the basis of the items and methods selected pursuant to the provisions of Paragraph 1 of the preceding Article 11, the proponent shall conduct an environmental impact assessment relating to the relevant project in accordance with the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m).

2. The provisions of Paragraph 3 of the preceding Article 11 shall apply mutatis mutandis to the ministerial regulations referred to in the preceding Paragraph 1. In such a case, the wording "guidelines for selecting, on the basis of already acquired scientific knowledge, both the items that are regarded as necessary to be considered in an environmental impact assessment in order to properly conduct an environmental impact assessment relating to the relevant project, and the methods for reasonably conducting survey, prediction, and assessment activitiesモ shall be construed to mean "guidelines concerning measures to protect the environment."

 

Article 13. Publication of Basic Guidelines

In consultation with the heads of relevant administrative organizations, the director-general of the Environment Agency shall adopt and publish basic guidelines relating to the guidelines that are to be established by the competent cabinet minister (if the competent cabinet minister is the head of an agency within the Prime Minister's Office, then the Prime Minister) pursuant to the provisions of Article 11, Paragraph 3 (including application mutatis mutandis of Paragraph 2 of the preceding Article).

 

Chapter III. Draft Environmental Impact Statements

Article 14. Preparation of a Draft Environmental Impact Statement

1. After conducting an environmental impact assessment relating to the relevant project pursuant to the provisions of Article 12 Paragraph 1, the proponent, in preparation for hearing comments, from the standpoint of protecting the environment, regarding the results of the environmental impact assessment, shall prepare a draft environmental impact statement (hereinafter referred to as a "draft EIS") that shall deal with the following matters, in accordance with the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m):

(1) Matters listed in Article 5, Paragraph 1, Items (1) through (3);

(2) An outline of the comments referred to in Article 8, Paragraph 1;

(3) Comments of the prefectural governor(s), as referred to in Article 10, Paragraph 1;

(4) Views of the proponent regarding the comments referred to in the preceding two items (2) and (3);

(5) Items to be considered in an environmental impact assessment and the survey, prediction, and assessment methods to be utilized;

(6) Contents of the technical advice received, if any, referred to in Article 11 Paragraph 2;

(7) The following results of the environmental impact assessment:

(a) An outline of the results of surveys, predictions, and assessments as classified according to the items to be included in the environmental impact assessment (including those items regarding which the nature and extent of the environmental impact did not become clear even though an environmental impact assessment was conducted);

(b) Measures for protecting the environment (including details regarding how such measures were developed);

(c) Measures for determining the current conditions of the environment, if the measures referred to in (b) are meant to cope with environmental conditions that become known in the future;

(d) An overall assessment of the likely environmental impact of the relevant project; and

(8) If the environmental impact assessment has been consigned in whole or in part to another person, the name and address of that person (if that person is a corporation, then, its name, the name of its representative, and the address of its head office).

2. The provisions of Article 5, Paragraph 2 shall apply mutatis mutandis to the preparation of the draft EIS.

 

Article 15. Submission of a Draft EIS

After preparing a draft EIS, the proponent shall submit the draft EIS and a document summarizing it (referred to as "summaryモ in the following Articles 16 and 17) to: (1) the prefectural governor(s) having jurisdiction over the area recognized as likely to be environmentally impacted by the relevant project, as determined by the ministerial regulations referred to in Article 6, Paragraph 1 (such prefectural governor(s) hereinafter referred to as "related governor(s)"; such area, hereinafter referred to as "related area," includes such area as is recognized to be added to the area on the basis of comments submitted pursuant to Article 8, Paragraph 1 and Article 10, Paragraph 1, and also on the basis of the results of the environmental impact assessment conducted pursuant to Article 12, Paragraph 1); and to (2) the mayors of the cities, towns, and villages having jurisdiction over the related area (hereinafter referred to as "related mayors").

 

Article 16. Making a Draft EIS Public and Available for Public Inspection

After submitting the materials pursuant to the preceding Article 16, the proponent, for the purpose of acquiring comments, from the standpoint of protecting the environment, regarding the results of the environmental impact assessment relating to the draft EIS in accordance with the provisions of a regulation to be adopted by the Prime Ministerユs Office, shall publicly announce that the draft EIS and other items have been prepared in accordance with said regulation of the Prime Minister's Office, and shall make the draft EIS and the summary available for public review in the related area for one month from the date of the aforementioned public announcement.

 

Article 17. Explanatory Meetings, etc.

1. In accordance with the provisions of a regulation to be adopted by the Prime Minister's Office, the proponent shall hold explanatory meetings to make the public aware of the contents of the draft EIS (hereinafter referred to as "explanatory meetings") in the related area during the period of public review. If within the related area there is no appropriate place at which to hold such explanatory meetings, the meetings may be held outside the related area.

2. The proponent shall determine the date, time, and place of the explanatory meetings and shall publicly announce them at least one week before the date on which a meeting is scheduled to be held, in accordance with the provisions of a regulation to be adopted by the Prime Minister's Office.

3. In determining the date, time, and place of an explanatory meeting, the proponent may seek the opinion(s) of the related governor(s).

4. If the proponent cannot hold an explanatory meeting that has been publicly announced pursuant to Paragraph 2, for reasons that are not attributable to the proponent and are provided for in a regulation to be adopted by the Prime Minister's Office, the proponent shall not be obligated to hold that explanatory meeting. In such a case, however, the proponent, pursuant to provisions of a regulation to be adopted by the Prime Minister's Office, shall endeavor to make the public aware of the contents of the draft EIS, through such means as publicly presenting a summary during the period of public review.

5. The content of and procedures to be followed in holding an explanatory meeting, other than those stipulated in the preceding Paragraphs, shall be determined by a regulation to be adopted by the Prime Minister's Office.

 

Article 18. Submission of Comments regarding a Draft EIS

1. Anyone who has comments, from the standpoint of protecting the environment, regarding a draft EIS may express such comments by submitting a document to the proponent during a period that shall commence on the date of the public announcement referred to in Article 16 and that shall end two weeks after the day following the expiration of the period of public review referred to in that same Article 16.

2. The content of and procedures to be followed in submitting comments as referred to in the preceding Paragraph shall be determined by a regulation to be adopted by the Prime Minister's Office.

 

Article 19. Submission of an Outline of Comments, etc. regarding a Draft EIS

After the end of the period referred to in Paragraph 1 of the preceding Article 18, the proponent shall submit to the related governor(s) and related mayors a document containing both an outline of the comments received pursuant to the same Paragraph 1 and the proponent's views regarding such comments.

 

Article 20. Opinions of Related Governor(s) and Others regarding a Draft EIS

1. After receiving a document referred to in the preceding Article 19, the related governor(s) shall express in writing their opinions, from the standpoint of protecting the environment, regarding the draft EIS within a period to be determined by government ordinance.

2. The provisions of Article 10, Paragraphs 2 and 3 shall apply mutatis mutandis to the expression of opinions by the related governor(s) regarding the draft EIS. In such a case, the wording "the mayors of the cities, towns and villages referred to in the preceding Article 9" in Paragraph 2 of the same Article 10 shall be construed to mean "the related mayors"; the wording "the preceding Paragraph" in Paragraph 3 shall be construed to mean "the preceding Paragraph as applied mutatis mutandis to Article 10, Paragraph 2"; and the wording "documents referred to in the preceding Article 9" in Paragraph 3 shall be construed to mean "both the comments presented in the document referred to in Article 19 and the proponentユs views regarding such comments."

 

Chapter IV. Environmental Impact Statements

Section 1. Preparation of an Environmental Impact Statement, etc.

Article 21. Preparation of an Environmental Impact Statement

1. In reviewing the items dealt with in a draft EIS, the proponent shall consider any opinions that are expressed pursuant to Paragraph 1 of the preceding Article 20, and shall pay attention to comments referred to in Article 18, Paragraph 1. If the proponent considers it necessary to amend the aforementioned items (only insofar as the project after such amendment will be classified as a relevant project), the proponent shall take measures to amend each of the items in accordance with the classifications listed below:

(1) Amending matters referred to in Article 5 Paragraph 1, Item (2) (except amendments stipulated by government ordinance, including reduction of the scale of the project, minor amendments as defined by government ordinance, and other amendments as defined by government ordinance): To conduct an environmental impact assessment and to follow other procedures as provided for in Articles 5 through 27.

(2) Amending matters referred to in Article 5, Paragraph 1 Item (1), or in Article 14, Paragraph 1 Items (2) through (4) and Item (6), or in Article 8 (except those covered by the preceding Item): To conduct the environmental impact assessment and to follow other procedures as provided for in the following Paragraph 2 and in Articles 22 through 27.

(3) Other than those specified in the two preceding Items (1) and (2): To conduct an environmental impact assessment with regard the aforementioned amended portions of the relevant project, pursuant to the provisions of ministerial regulations referred to in Article 11, Paragraph 1 and in Article 12, Paragraph 1.

2. Except in a case covered by Item (1) of the preceding Paragraph 1, the proponent shall prepare the environmental impact statement (hereinafter through Article 26 and in Articles 29 and 30 referred to as "EIS") in accordance with the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m); the EIS shall incorporate matters relating to: (1) if an environmental impact assessment was conducted pursuant to the provisions of Item (3) of the same Paragraph 2, the results thereof and the results of environmental impact assessment conducted for preparing the draft EIS; or (2) if an environmental impact assessment was not conducted pursuant to the provisions of the same Item, the results of environmental impact assessment conducted for preparing the draft EIS.

(1) Matters referred to in Items (1) through (8) in Article 14 Paragraph 1.

(2) An outline of comments referred to in Article 18, Paragraph 1.

(3) Opinions of the related governor(s), as referred to in Article 20, Paragraph 1.

(4) The proponent's views regarding the comments and opinions referred to in the two preceding Items (2) and (3).

 

Article 22. Submission to Issuers of Licenses or Other Required Approvals, and to Other Persons

1. After preparing an EIS, the proponent shall promptly deliver it to the persons designated in the following Items (1) through (6), according to the category of the EIS:

(1) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (a) (limited only to license(s) or other required approval): to the issuer(s) of the license (s) or other required approval(s).

(2) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (a) (limited only to designated reporting): to the recipient of the designated report.

(3) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (b): to the grant decision-maker.

(4) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (c): to the corporate supervisor.

(5) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (d): to the person specified in Article 4, Paragraph 1, Item (4).

(6) An EIS relating to a relevant project classified under Article 2, Paragraph 2, Item (2) (e): to the person specified in Article 4, Paragraph 1, Item (5).

2. If the person designated in the preceding Paragraph (except for the director-general of the Environment Agency) is a person designated in either of the following Items (1) and (2), that person, after receiving the EIS, shall promptly take the measures specified in the following Items (1) and (2):

(1) The Prime Minister or the minister of a ministry or a minister of state serving as the head of a committee or an agency (in the following Item and in Article 26, Paragraph 1 referred to as "Prime Minister or other minister"): to submit a copy of the aforementioned EIS to the director-general of the Environment Agency and to seek his or her opinions thereon.

(2) The head of a committee or an agency (other than a minister of state) or the head of a local branch of the administrative organization of the national government: to seek the opinions of the director-general of the Environment Agency by submitting the aforementioned EIS to the director-general through the committee or the agency, or through the office or ministry of which the local branch is a part, or through the Prime Minister or other minister when such serves as the head of the committee or the agency.

 

Article 23. Opinions of the Director-General of the Environment Agency

When measures are taken pursuant to the provisions of Items (1) and (2) of Paragraph 2 of the preceding Article 22, the director-general of the Environment Agency may express, as necessary, and within a period to be determined by government ordinance, his or her opinions, from the standpoint of protecting the environment, regarding the EIS to the persons listed in those Items (1) and (2) of that Paragraph 2. In such a case, the opinions to be expressed to the person referred to in Item (2) of that Paragraph 2 shall be expressed via the Prime Minister and others as stipulated in that Item (2).

 

Article 24. Opinions of the Issuers of Licenses or Other Required Approval(s), and of Those of Other Persons

When receiving an EIS submitted pursuant to the provisions of Article 22, Paragraph 1, the persons listed in Items (1) through (6) of that Paragraph 1 may, as necessary, and within a period to be determined by government ordinance, express in writing to the proponent their opinions, from the standpoint of protecting the environment, regarding the EIS. In such a case, if the director-general of the Environment Agency has expressed any opinions, such opinions must be taken into consideration by the said persons.

 

Section 2. Supplementing an Environmental Impact Statement, etc.

Article 25. Reviewing and Supplementing an EIS

1. If opinions referred to in the preceding Article 24 are expressed, the proponent shall take them into consideration and shall review the matters dealt with in the EIS. If the proponent agrees that such matters need to be amended (only if after such amendment the project would remain a relevant project), the proponent shall take measures to amend each of the items according to the classifications listed below:

(1) Amending matters listed in Article 5, Paragraph 1, Item (2) (except amendments stipulated by government ordinance, including reduction of the scale of the project and minor amendments as defined by government ordinance): to conduct an environmental impact assessment and to follow other procedures stipulated in Articles 5 through 27.

(2) Amending matters listed in Article 5, Paragraph 1, Item (1), in Article 14, Paragraph 1, Items (2) through (4), (6) or (8), or in Article 21, Paragraph 2, Items (2) through (4) (except those covered by the preceding Item): to supplement the EIS as necessary.

(3) Other than those listed in the two preceding Items (1) and (2): to conduct an environmental impact assessment in regard to those portions of the relevant project that are subject to the aforementioned amendment, pursuant to the provisions of ministerial regulations referred to in Article 11, Paragraph 1 and in Article 12, Paragraph 1.

2. When conducting an environmental impact assessment pursuant to the provisions of Item (3) of the preceding Paragraph, the proponent shall supplement the EIS pursuant to the ministerial regulations applicable to the various types of projects referred to in Article 2, Paragraph 2, Items (1) (a) through (m), on the basis of the aforementioned environmental impact assessment and the results of the environmental impact assessment conducted for preparing that EIS.

3. Except where Paragraph 1, Item (1) applies, the proponent shall submit an EIS as supplemented pursuant to the provisions of Item (1) of the same Paragraph and the preceding paragraph 2 of this Article 25 (if no supplement is deemed to be necessary, then a notice to that effect) to the persons listed in the items of Article 22, Paragraph 1 that correspond to the category of the EIS.

 

Article 26. Submission of an EIS to the Director-General of the Environment Agency and Other Parties

1. If the person designated in any of the items in Article 22, Paragraph 1 (except for the director-general of the Environment Agency) is a person listed in the following items, that person, after receiving a submission or notice pursuant to the provisions of Paragraph 3 of the preceding Article 25, shall take action as indicated below:

(1) The Prime Minister or other minister shall submit to the director-general of the Environment Agency a copy of the EIS as supplemented pursuant to the provisions of Paragraph 3 of the preceding Article 25, or shall inform the director-general of any notice received pursuant to the provisions of the same Paragraph 3.

(2) The head of a committee or an agency (other than a minister of state) or the head of a local branch of an administrative organization of the national government shall: (a) submit to the director-general of the Environment Agency a copy of the EIS as supplemented pursuant to the provisions of Paragraph 3 of the preceding Article 25, through the committee or the agency, or through the office or ministry of which the local branch is a part, or through the Prime Minister or other minister when such serves as the head of the committee or the agency, or (b) to inform the director-general of the receipt of the notice pursuant to the provision of the same Paragraph 3.

2. When making a submission or notice pursuant to the provisions of Paragraph 3 of the preceding Article 25, the proponent shall promptly submit to the related governor(s) and related mayors the following: (a) the EIS (if the EIS is supplemented pursuant to the provisions of Paragraph 1, Item (2) or Paragraph 2 of the preceding Article 25, the EIS as so supplemented; this applies to the following Article 27 and Articles 33 through 38); (b) a document summarizing the same (referred to as "summary" in the following Article 27); and (c) the papers specified in Article 24.

 

Article 27. Making the EIS Public and Available for Public Review

When making a submission or notice pursuant to the provisions of Article 25, Paragraph 3, the proponent, pursuant to a regulation to be adopted by the Prime Minister's Office, shall make public the fact that an EIS and other items stipulated in the regulation to be adopted by the Prime Minister's Office have been prepared, and, for a period of one month from the date of such publication, shall make available for public review in the related area the EIS, the summary, and the papers specified in Article 24.

 

Chapter V. Amending a Relevant Project, etc.

Article 28. Environmental Impact Assessment and Other Procedures When a Project Is Amended

If a proponent seeks to amend information referred to in Article 5, Paragraph 1, Item (2) during the period between a public announcement made as required by Article 7 and a public announcement made as required by the preceding Article 27 (except when the provisions of Article 21, Paragraph 1 or of Article 25, Paragraph 1 are applied), and if the project will continue to be a relevant project after such amendment, the proponent shall conduct an environmental impact assessment and shall follow other procedures stipulated in Articles 5 through 27. This provision shall not apply, however, to: (a) said amendment if its purpose is to reduce the scale of the project; (b) minor amendments, as defined by government ordinance; or (c) other amendments specified by government ordinance.

 

Article 29. Determination relating to a Class-2 Project When a Project Is Amended

1. If a proponent seeks to amend information referred to in Article 5, Paragraph 1, Item (2) during the period between a public announcement made as required by Article 7 and a public announcement made as required by Article 27, and if the project will be a Class-2 Project after such amendment, the proponent may prepare and submit, in accordance with the provisions of Article 4, Paragraph 1, a report concerning the project as amended.

2. The provisions of Article 4, Paragraphs 2 and 3 shall apply mutatis mutandis to a report prepared and submitted in accordance with the preceding Paragraph 1 of this Article 29. In such a case, the wording メother proceduresモ shall be construed to mean メother procedures (except those implemented by the time of said report).モ

3. When the provisions of Article 4, Paragraph 3, Item (2) are applied mutatis mutandis as provided for by the preceding Paragraph 2 of this Article 29, the person filing a report in accordance with Paragraph 1 of this Article 29 shall provide notice thereof to the person(s) receiving a scoping document, a draft EIS, or an EIS from said proponent, and shall make that fact known publicly in accordance with the provisions of a regulation to be adopted by the Prime Ministerユs Office.

 

Article 30. Abandonment, etc. of a Project

1. If, during the period between a public announcement made as required by Article 7 and a public announcement made as required by Article 17, a project is affected in a way that is referred to in any of the Items (1) through (3) below, the proponent shall provide notice thereof to the person(s) receiving a scoping document, a draft EIS, or an EIS, and shall make the fact of that change known to the public in accordance with the provisions of a regulation to be adopted by the Prime Ministerユs Office:

(1) it is decided that the relevant project will not be implemented; or

(2) as a result of the amendment of the information referred to in Article 5, Paragraph 1, Item (2), the project has become neither a Class-1 Project nor a Class-2 Project; or

(3) the implementation of the relevant project is transferred to another person.

2. If a project transferred to another person as referred to in Item (3) of the preceding Paragraph 1 is a relevant project, any environmental impact assessment that was conducted and any other procedures that were followed by the proponent prior to the transfer and before the public announcement date referred to in that same Paragraph 1 shall be deemed to have been implemented by the new proponent, and any environmental impact assessment conducted and other procedures followed by the prior proponent before the transfer shall be deemed to have been implemented by the new proponent.

 

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 メpublic announcementモ in Paragraph 1 of this Article 31 shall be construed to mean メ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).モ

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 Ministerユs 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 Ministerユs 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 メpublic announcementモ in Paragraph 1 of this same Article 32 shall be construed to mean メ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).モ

 

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 Reviewerユs 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-Makerユs 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 Supervisorユs 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 Minsterユs 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. Proponentユs 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.

 

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 39-46. (omission)

 

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

Article 47-48. (omission)

 

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 53-56. Institution of Orders and Transitional Measures

(omission)

 

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

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 Ministerユs Office, then an ordinance of the Prime Ministerユs 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 Ministerユs 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.

 

Supplementary Provisions(omission)