The Basic Environment Law_Chapter 2

Chapter 2 Basic Policies for Environmental Conservation

Section 5
Implementation of Policies for Environmental Conservation by the State

Article 19
(Consideration in Formulation of Policies by the State)
The State shall consider environmental conservation when formulating and implementing policies which are deemed to influence the environment.
Article 20
(Promotion of Environmental Impact Assessment)
The State shall take necessary measures to ensure that, when corporations are engaged in alteration of land shape, construction of new structures and other similar activities, they will conduct in advance, surveys, forecasts or evaluations of the environmental impact of such activities and will give proper consideration to environmental conservation based on the results of them.
Article 21
(Regulations to Prevent Interference with Environmental Conservation)

1. The Government shall take the following regulatory measures to prevent interference with environmental conservation.

  • (1) Regulatory measures necessary to prevent environmental pollution, inter alia, by setting the Standards with which corporations must comply regarding such activities as emission of substances causing air pollution, water pollution, soil contamination or offensive odors; generation of noise or vibration; and the taking of underground water causing ground subsidence.
  • (2) Regulatory measures necessary to prevent environmental pollution with regard to land use and construction of facilities causing pollution in an area where the pollution is serious or is likely to become serious.
  • (3) Regulatory measures necessary to prevent interference with appropriate conservation of the natural environment regarding activities which may cause those interference, such as alteration of land shape, construction of new structures, cutting of trees and other activities in areas where conservation of the natural environment is especially required.
  • (4) Regulatory measures necessary to prevent interference with appropriate protection of natural objects with regard to such activities as capturing collecting, damaging which may cause those interference as to natural objects necessary to be protected such as the wildlife, geographical and geological features of land or sources of hot springs.
  • (5) Regulatory measures necessary to prevent both environmental pollution and interference with conservation of the natural environment where both of them occur or may occur.

2. Besides the regulatory measures provided for in the preceding Paragraph, the State shall make efforts to take necessary regulatory measures similar to Subparagraph 1 and 2 of the preceding Paragraph, in order to prevent interference with environmental conservation with regard to human health and the living environment.

Article 22
(Economic Measures to Prevent Interference with Environmental Conservation)

1. In order to encourage persons who are conducting the activities generating or causing to generate environmental load (referred to as the "load activities" in this Article) to take appropriate measures such as introduction of facilities which reduce the environmental load, and thus to prevent interference with environmental conservation, the State shall make efforts to take necessary measures to provide necessary and appropriate economic assistance to those persons taking into consideration their economic situation.

2. In consideration of the fact that the measures, which aim at encouraging persons who are conducting the load activities to undertake voluntarily to reduce the environmental load by means of imposing appropriate and equitable economic surcharges on them, are expected to be effective in preventing interference with environmental conservation, and that such measures are internationally recommended; the State shall appropriately conduct surveys and researches on the effectiveness of implementing such measures with regard to prevention of interference with environmental conservation and on the effects of such measures on Japanese economy; and should it be deemed necessary to implement such measures, the State shall make efforts to acquire the understanding and cooperation of tile people with regard to utilization of such measures to prevent interference with environmental conservation. In this case, should such measures be implemented for global environmental conservation, the State shall consider international collaboration so as to appropriately ensure the effectiveness of such measures.

Article 23
(Promotion of Construction of Facilities and Other Projects for Environmental Conservation)

1. The State shall take necessary measures to promote projects for prevention of interference with environmental conservation, i.e. construction of public facilities such as buffer zones, and other projects such as dredging of sludge and protection and breeding of the endangered wildlife.

2. The State shall take necessary measures to promote projects which contribute to prevent interference with environmental conservation, i.e. the construction public facilities such as sewerage, public waste disposal facilities, traffic facilities (including transportation facilities) which contribute to reduce the environmental load, and other projects such as improvement of forests.

3. The State shall take necessary measures to promote projects for appropriate improvement and sound use of the natural environment, including such public facilities as parks and green areas.

4. The State shall take necessary measures to promote appropriate use of the public facilities provided for in the preceding two Paragraphs and other measures to increase the function of environmental conservation with regard to these facilities.

Article 24
(Promotion of Use of Products Contributing to Reduction of Environmental Load )

1. The State shall take necessary measures such as providing corporations with technical assistance so that, in manufacturing, processing or selling products, or engaging in other business activities, they can appropriately consider the reduction of the environmental load associated with products and other goods, by voluntarily assessing in advance the environmental load generated by the use or disposal of the products and other goods.

2. The State shall take necessary measures to encourage use of recyclable resources and other materials, products and services which contribute to the reduction of environmental load.

Article 25
(Education and Learning on Environmental Conservation)
The State shall take necessary measures to increase corporations' and citizens' understanding of environmental conservation and to encourage their willingness to engage in activities related to environmental conservation, by means of promoting environmental education and learning and improving public relations activities with regard to environmental conservation.
Article 26
(Measures to Promote Voluntary Activities by Private Organizations)
The State shall take necessary measures to promote voluntary activities with regard to environmental conservation such as tree planting and the recovery of recyclable resources conducted by corporations, citizens or private bodies organized by these entities (hereinafter referred to as the "private bodies etc.").
Article 27
(Provision of Information)
The State shall make efforts to appropriately provide necessary information on environmental conservation including the state of the environment, so as to promote the education and learning provided for in Article 25 and to contribute to the activities voluntarily conducted by the private bodies etc. provided for in the preceding Article, in consideration of the protection of the rights and benefits of individuals and legal entities.
Article 28
(Implementation of Researches)
The State shall conduct surveys on the state of the environment, researches on forecast of environmental changes and other studies for formulation of policies with regard to environmental conservation.
Article 29
(Improvement in Systems for Monitoring and Others)
The State shall make efforts to establish systems of monitoring, patrolling, observations, measurements, examinations and inspections in order to ascertain the state of the environment and to properly implement the policies with regard to environmental conservation.
Article 30
(Promotion of Science and Technology)

1. The State shall promote science and technology with regard to understanding of the mechanisms of environmental changes, reduction of environmental load, development of methods to evaluate comprehensively both the effects on the environment caused by the economy avid the blessings on the economy derived from the environment, and other science and technology with regard to environmental conservation.

2. In order to promote science and technology with regard to environmental conservation, the State shall establish research systems, promote research and development, disseminate the results of research and development, train researchers, and take other necessary measures.

Article 31
(Settlement of Environmental Pollution Disputes and Relief of Damage)

1. The State shall take necessary measures to effectively implement mediation, arbitration, etc. with regard to disputes related to environmental pollution, and take other necessary measures to smoothly resolve problems arising from environmental pollution.

2. The State shall take necessary measures to smoothly implement measures for relieving the damage caused by environmental pollution.