Law relating to Protection of the Environment in Antarctica_Chapter II

Chapter II CERTIFICATION OF ANTARCTIC ACTIVITY PLANS

Article 5 (Restrictions on Activities in Antarctica Other Than Antarctic Activities That Have Received Certification)

1. No person shall engage in any activity in Antarctica other than Antarctic Activities included in an Antarctic Activity Plan that has been certified by the Director General of the Environment Agency as satisfying the conditions set forth in Article 7, paragraph 1 of this Law. (This action hereinafter referred to as "Certification," except in the following paragraph.) This, however, does not apply to Specified Activities.

2. The provisions of the preceding paragraph shall not apply to Antarctic Activities that have received permission or other administrative treatment similar to the certification stipulated in the preceding paragraph and are pursuant to the provisions of any law or regulation of a foreign country that is a party to the Protocol (hereinafter referred to as a "State Party") that is comparable to this Law (hereinafter referred to as "Related Law or Regulation of a State Party") or which have been exempted from the said treatment by the provisions of Related Law or Regulation of a State Party.

3. Any person who seeks to engage in any of the Antarctic Activities referred to in the preceding paragraph shall, in a manner prescribed by an ordinance of the Prime Minister's Office, so report to the Director General of the Environment Agency in advance.

Article 6 (Application for Certification of an Antarctic Activity Plan)

1. An application for Certification of an Antarctic Activity Plan (referred to as "Application" through the end of Article 10) shall be submitted to the Director General of the Environment Agency by any person who will supervise the Antarctic Activities contained in the Antarctic Activity Plan; the Application should describe the following matters:

i.: the name or title and address of the Supervisor and, in case of a juridical person, the names of its representative and directors;
2.: the purposes of the Antarctic Activity Plan;
3.: the number of persons who will engage in the Antarctic Activities contained in the Antarctic Activity Plan;
4.: the names of the persons, if already determined, who will engage in the Antarctic Activities contained in the Antarctic Activity Plan;
5.: if the persons who will engage in the Antarctic Activities contained in the Antarctic Activity Plan have a juridical person for which the person will engage in the Antarctic Activities, the name and address of the juridical person and the name of its representative;
6.: the purposes, timing, place, and implementation methods of the Antarctic Activities contained in the Antarctic Activity Plan; and
7.: the details of the acts that constitute the Antarctic Activities contained in the Antarctic Activity Plan (limited to those acts related to the provisions under items (i) through (iii) of paragraph 1 of the ensuing Article) and the names of the persons who will perform those acts, if already determined.

2. Should the person who will supervise the Antarctic Activities fall under either of the following categories, Certification shall not be granted:

i.: the person has violated the provisions of this Law and been sentenced to a fine or heavier punishment, and it has not been two years since the day on which he/she served out his/her sentence or on which it was decided that he/she would not be required to serve out his/her sentence; or
2.: the person is a juridical person, the director of which falls under the conditions set in the preceding item.

3. The person submitting the Application to the Director General of the Environment Agency pursuant to the provisions of paragraph 1 (hereinafter referred to as the "Applicant") may, in a manner determined by the Director General of the Environment Agency, study, forecast, and evaluate the Impact on the Antarctic Environment of the Antarctic Activities contained in the Antarctic Activity Plan and submit to the Director General of the Environment Agency documents outlining the results thereof together with the Application.

4. The format, required statements, and other matters necessary for the Application shall be determined by an ordinance of the Prime Minister's Office.

Article 7 (Definitions)

1. The Director General of the Environment Agency shall, if he/she determines that all the Antarctic Activities contained in the Antarctic Activity Plan related to an Application satisfy the following requirements, issue Certification in accordance with the procedures stipulated in Articles 8 and 9:

i.: no act that is part of the Antarctic Activities violates the provisions of Article 13; Article 14, paragraph 1; Article 16; Article 18; or Article 20;
2.: where all or some of the acts constituting the Antarctic Activities fall under any of the items of Article 14, paragraph 2, the purposes of each act are as determined by an ordinance of the Prime Minister's Office (but limited to scientific research, collection of educational materials, and purposes similar thereto) and, furthermore, each act is performed in line with the conditions determined by an ordinance of the Prime Minister's Office, including restricting the act to the extent needed for achieving the stated purposes;
3.: where all or some of the acts constituting the Antarctic Activities call for entry into an Antarctic Specially Protected Area, such acts satisfy the requirements determined by an ordinance of the Prime Minister's Office for the Antarctic Specially Protected Areas pursuant to the Management Plan referred to in Article 6 of Annex V to the Protocol (in the case of the Antarctic Specially Protected Area for which the Management Plan is not designated, the acts must be limited to those indispensable for scientific research);
4.: the Antarctic Activities meet the provisions of the ensuing paragraph; and
5.: where the Impact on the Antarctic Environment of the Antarctic Activities described in the preceding three items is more than minor or transitory, there is no possibility of the said impact becoming serious as defined by internationally attained scientific knowledge on Impact on the Antarctic Environment.

2. Antarctic Activities shall not

i.: threaten to have an impact on the natural climate variability in Antarctica;
2.: threaten to cause serious pollution of the atmosphere, serious contamination of water (including serious deterioration of water condition other than water quality and of the quality of the bottom sediment), or serious contamination of soil;
3.: threaten to alter the composition of the atmosphere, to cause drastic change to the topographic features of the land (including the sea bottom) or the ice sheet, or to cause drastic change in the level or volume of inland water;
4.: threaten to eliminate significant habitats of species of animals or plants living or growing in Antarctica; threaten to reduce the population of such species so as to endanger their existence; or threaten to have a serious impact on living conditions of such species; or
5.: threaten to reduce drastically the important Intrinsic Value of Antarctica at a place where such important values exist.

Article 8 (Certification of an Antarctic Activity Plan)

1. If the Director General of the Environment Agency, having received an Application, determines it necessary to examine whether the Application meets the requirements listed in all of the items of paragraph 1 of the preceding Article, he/she may issue an order in writing to the Applicant requesting that the Applicant take some or all of the following measures within a reasonable period of time (the reasons for issuing the order and the time allotted for meeting its requirements shall be stipulated in the order):

i.: amend the Application;
2.: submit the documents referred to in Article 6, paragraph 3; and
3.: revise or supplement descriptions in the documents referred to in Article 6, paragraph 3.

2. If an order is issued pursuant to the provisions of the preceding paragraph and the Applicant fails to take the measure(s) contained therein within the specified period of time, the Director General of the Environment Agency shall reject the Application.

3. If the Director General of the Environment Agency, having received an Application, determines that the Antarctic Activity Plan referred to in the Application falls within the purview of any of the following items, he/she shall take the measures stipulated in the respective item:

i.: Where all of the Antarctic Activities contained in the Antarctic Activity Plan meet the requirements of all of the items of paragraph 1 of the preceding Article, the Director General of the Environment Agency shall certify the Antarctic Activity Plan and so notify the Applicant in writing;
2.: Where all of the Antarctic Activities contained in the Antarctic Activity Plan meet the requirements of items (i) through (iv) of paragraph 1 of the preceding Article but all or some of the Antarctic Activities do not meet the requirements of item (v) of the same paragraph and it is therefore necessary to hear opinions from the governments of the States Parties and general opinions from Japan and other countries, the Director General of the Environment Agency shall notify the Applicant that measures will be taken pursuant to the provisions of the ensuing Article and give reasons therefor; and
3.: In all cases not covered by the preceding two items, the Director General of the Environment Agency shall reject Certification of the Antarctic Activity Plan and so notify the Applicant in writing with reasons therefor.

4. The Director General of the Environment Agency may, if he/she determines it necessary in order to take measures pursuant to the provisions of the preceding paragraph, hear opinions, pursuant to an ordinance of the Prime Minister's Office, from experts of learning and experience related to Antarctica regarding the Antarctic Activities contained in the Antarctic Activity Plan.

5. The Director General of the Environment Agency may attach conditions to Certification, to the extent he/she determines such conditions are necessary for the protection of the Antarctic Environment, such as requiring observation and measuring of the Components of the Antarctic Environment of the Antarctic Activities (except when the Impact on the Antarctic Environment is less than minor or transitory) contained in the Antarctic Activity Plan pursuant to the provisions of item (i) of paragraph 3, in accordance with an ordinance of the Prime Minister's Office and reporting the results thereof to the Director General of the Environment Agency, or requiring a means of contact with officials in Antarctica exercising the powers of the Director General of the Environment Agency.

6. If a person is dissatisfied with a notice given pursuant to the provisions of item (ii) of paragraph 3, he/she may object based on the Administrative Appeal Law (Law No. 160 of 1962).

7. An Applicant may withdraw the Application at any time before receiving a notice of Certification or rejection.

Article 9 (Inspection of an Antarctic Activity Plan)

1. Regarding measures stipulated in item (ii) of paragraph 3 of the preceding Article, the Director General of the Environment Agency shall, within two weeks from the date on which he/she took them, make public the matters stipulated in an ordinance of the Prime Minister's Office; shall, for a period of 30 days from the date of the said public announcement, make available for public inspection the Application in question and the documents referred to in Article 6, paragraph 3; and shall, in order to seek opinions on the Antarctic Activity Plan referred to in the Application, prepare a Comprehensive Environmental Evaluation describing the matters stipulated in Article 3, paragraph 2 of Annex I to the Protocol and send the same to the governments of the State Parties and to the Committee for Environmental Protection referred to in Article 11 of the Protocol.

2. Any person may, within 90 days of the date of a public announcement made pursuant to the provisions of the preceding paragraph, submit an opinion from the standpoint of protecting the Antarctic Environment to the Director General of the Environment Agency on an Antarctic Activity Plan made available for public inspection pursuant to the provisions of the same paragraph.

3. If the Director General of the Environment Agency recognizes the need to take measures to protect the Antarctic Environment in view of the opinions of the governments of the State Parties on the Comprehensive Environmental Evaluation referred to in paragraph 1 or in view of any opinion(s) referred to in the preceding paragraph or if he/she recognizes the need to abide by the provisions of Article 3, paragraph s or 6 of Annex I to the Protocol, he/she may order the Applicant in writing to make any necessary amendments to the Antarctic Activity Plan within a reasonable period of time (the reasons for issuing the order and the time allotted for meeting its requirements shall be included in the order).

4. The provisions of paragraph 2 of the preceding Article shall apply, mutatis mutandis, to the order referred to in the preceding paragraph. In that case, the wording "fails to take the measure(s) contained therein within the specified period of time" shall be construed to mean "fails to make the amendment(s) ordered pursuant to the provisions of Article 9, paragraph 3."

5. If the Director General of the Environment Agency determines that an Antarctic Activity Plan as amended by an order referred to in paragraph 3 (or, if not so ordered, the Antarctic Activity Plan as announced publicly pursuant to the provisions of paragraph 1) meets the requirements of each of the items in Article 7, paragraph 1 , he/she shall certify the Antarctic Activity Plan and so notify the Applicant in writing.

6. The provisions of paragraph s of the preceding Article shall apply, mutatis mutandis, to Certification referred to in the preceding paragraph.

Article 10 (Succession)

1. A person seeking to replace an Applicant of an Antarctic Activity Plan waiting for Certification may succeed to the position of Applicant by giving notice to the Director General of the Environment Agency in a manner determined by an ordinance of the Prime Minister's Office.

2. In the case of an inheritance or merger involving an Applicant, the inheritor (if there are two or more inheritors, the person selected by unanimous consent as the successor in the Application procedure) or the juridical person continuing after the merger or created by the merger shall succeed to the position of Applicant.

3. The person succeeding to the position of the Applicant pursuant to the provisions of the preceding paragraph shall so report to the Director General of the Environment Agency without delay in a manner determined by an ordinance of the Prime Minister's Office.

4. The provisions of paragraph 1 shall apply, mutatis mutandis, to any person seeking to become the Supervisor of an Antarctic Activity Plan that has received Certification; the provisions of paragraph 2 shall apply, mutatis mutandis, to the Supervisor of an Antarctic Activity Plan that has been certified. In such cases, the wording "by giving notice to the Director General of the Environment Agency" in paragraph 1 shall be construed to mean "with approval of the Director General of the Environment Agency" and the wording "Applicant" at the end of paragraph 2 shall be construed to mean "Supervisor with approval of the Director General of the Environment Agency"; and the wording "shall succeed to" in the same paragraph shall be construed to mean "may succeed to."

Article 11 (Issuance of Certificate to Performers)

1. If the names of persons referred to in items (iv) and (vii) of Article 6, paragraph 1 are not determined at the time of submitting the Application, the Applicant or the Supervisor shall, at least 30 days before the day on which the Antarctic Activities contained in the Antarctic Activity Plan start (hereinafter referred to as the "Planned Starting Date"), determine the relevant names and report to the Director General of the Environment Agency of them. (If an Antarctic Activity Plan includes two or more Antarctic Activities, then the earliest date on which an Antarctic Activity starts shall be the Planned Starting Date.)

2. If there is any change in the names referred to in items (iv) and (vii) or in the matter referred to in item (v) of Article 6, paragraph 1, the Applicant or the Supervisor shall so notify the Director General of the Environment Agency at least 30 days prior to the Planned Starting Date.

3. The provisions of the two preceding paragraphs shall not apply to the names of persons who will engage in any Antarctic Activity included in an Antarctic Activity Plan the starting date of which is more than six months after the Planned Starting Date, or to matters referred to in item (v) of Article 6, paragraph 1 that relate to the said Antarctic Activity.

4. In a case referred to in the preceding paragraph, the Supervisor shall notify the Director General of the Environment Agency, not later than 30 days prior to the date on which the said Antarctic Activity begins, of the names of the persons who will perform the Antarctic Activity in question and the matters related to the said Antarctic Activity referred to in item (v) of Article 6, paragraph 1.

5. Upon request from a Supervisor, the Director General of the Environment Agency shall issue and deliver to the Supervisor certificates showing that the persons performing the Antarctic Activities under his/her supervision are engaged in Antarctic Activities contained in an Antarctic Activity Plan that has been duly certified.

6. If a certificate issued pursuant to the preceding paragraph is lost or destroyed, the Supervisor or the person named in the certificate as engaging in Antarctic Activities contained in an Antarctic Activity Plan that has been duly certified may seek reissuance thereof in a manner determined by an ordinance of the Prime Minister's Office.

7. A person engaging in Antarctic Activities included in a certified Antarctic Activity Plan shall carry the certificate referred to in paragraph s at all times while in Antarctica.

Article 12 (Obligations of the Supervisor): The Supervisor shall explain at the very least to the persons engaging in the Antarctic Activities under his/her supervision the provisions of items (vi) and (vii) of Article 6, paragraph 1 and give them proper guidance in order that they not violate the provisions of this Law and any orders based thereon.