Enforcement Order of the Environmental Impact Assessment Act - English

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Enforcement Order of the Environmental Impact Assessment Act

Cabinet Order No. 346 of December 3, 1997

The Cabinet herby enacts this Cabinet Order pursuant to the provisions of Article 2, paragraph (2) and (3), and Article 48, paragraph (1) of the Environmental Impact Assessment Act (Act No. 81 of 1997).

(Class-1 Project)

Article 1The project specified by cabinet order referred to in Article 2, paragraph (2) of the Environmental Impact Assessment Act (hereinafter referred to as "the Act") means a project that satisfies the requirements set forth in column 2 of appended table 1 according to the type of project set forth in column 1 of the relevant table; provided, however, that if the relevant project satisfy any of the requirements set forth in the rows 1 through 5 or rows 8 through 13 of column 2 of the relevant table and involves landfill or drainage of a public water body (limited to those which satisfy the requirements set forth in column 2 of the row 7 of the relevant table and for which measures prescribed in Article 4, paragraph (3), item (i) of the Act have been taken on the grounds that the requirements set forth in column 3 of row 7 of the relevant table are met; hereinafter referred to as "relevant reclamation of public water body, etc."), then the area corresponding to such relevant reclamation of public water body, etc. are to be excluded.

(Type of Project Specified by Cabinet Order Referred to in Article 2, Paragraph (2), item (i), (m) of the Act)

Article 2The type of project specified by cabinet order referred to in Article 2, paragraph (2), item (i), (m) of the Act is to be residential land development projects (limited to those intended to provide many and unspecified persons with residential land or facilities to be built on the relevant residential land after the development, and excluding those that fall under any of the categories set forth in (h) through (l) of the same item).

(Provisions of Acts Pertaining to License)

Article 3The provisions of the acts specified by cabinet order referred to in Article 2, paragraph (2), item (ii), (a) of the Act is set forth in column 4 of the appended table 1 according to the type of project (including the subdivision of the project type set forth in column 2 and 3) set forth in column 1 of the relevant table.

(Benefits Specified by Cabinet Order referred to in Article 2, Paragraph (2), item (ii), (b) of the Act)

Article 4The benefits set forth in Article 2, paragraph (2), item (ii), (b) of the Act which are specified by cabinet order is to be as follows:

(i)the grants prescribed in Article 105-3, paragraph (2) of the Okinawa Promotion and Development Special Treatment Act (Act No. 14 of 2002);

(ii)the Social Infrastructure Improvement Comprehensive Subsidies.

(The Provisions of the Acts Specified by Cabinet Order Referred to in Article 2, Paragraph (2), Item (ii), (e) of the Act)

Article 5The provisions of the acts specified by cabinet order referred to in Article 2, paragraph (2), item (ii), (e) of the Act are the provisions of Article 42, paragraph (1) of the Public Water Body Reclamation Act (Act No. 57 of 1921) (limited to the case where they are applied to projects prescribed in Article 2, paragraph (2), item (iv) of the Land Improvement Act (Act No. 195 of 1949)).

(The Ratio Pertaining to the Scale of a Class-2 Project)

Article 6The figure representing the ratio prescribed in Article 2, paragraph (3) of the Act and specified by cabinet order is 0.75.

(Class-2 Project)

Article 7The project specified by cabinet order referred to in Article 2, paragraph (3) of the Act means a project that satisfies the requirements set forth in column 3 of appended table 1 according to the type of project set forth in column 1 of the relevant table; provided, however, that if the relevant project satisfy any of the requirements set forth in the rows 1 through 5 or rows 8 through 13 of column 3 of the relevant table and involve relevant reclamation of public water body, etc., then the area corresponding to the relevant reclamation of public water body, etc. is to be excluded.

(Period for Submission of the Minister of the Environment's Opinions on Documents Regarding Primary Environmental Impact Consideration)

Article 8The period designated by cabinet order referred to in Article 3-5 of the Act is 45 days.

(Period for Submission of the Competent Minister's Opinions)

Article 9The period designated by cabinet order referred to in Article 3-6 of the Act is 90 days.

(Period for Submission of the Prefectural Governor's Opinions on a Scoping Document)

Article 10(1)The period designated by cabinet order referred to in Article 10, paragraph (1) of the Act is 90 days; provided, however, that when field investigations are required for the purpose of stating the opinions prescribed in the same paragraph and it is extremely difficult to conduct the relevant field investigations for an extended period of time for reasons of heavy snow accumulation or other natural phenomena, the relevant submission period is to be specified by the prefectural governor within a period not exceeding 120 days.

(2)When the prefectural governor has specified the period in accordance with the proviso of the preceding paragraph, the relevant prefectural governor must notify the project proponent of the fact and the grounds thereof without delay.

(Cities Designated by Cabinet Order Referred to in Article 10, Paragraph (4) of the Act)

Article 11The cities designated by cabinet order referred to in Article 10, paragraph (4) of the Act are: Sapporo City, Sendai City, Saitama City, Chiba City, Yokohama City, Kawasaki City, Sagamihara City, Niigata City, Shizuoka City, Hamamatsu City, Nagoya City, Kyoto City, Osaka City, Sakai City, Suita City, Kobe City, Amagasaki City, Hiroshima City, Kitakyushu City and Fukuoka City.

(Period for Submission of the Related Prefectural Governor's Opinions on a Draft EIS)

Article 12(1)The period designated by cabinet order referred to in Article 20, paragraph (1) of the Act is 120 days; provided, however, that if field investigations are required for the purpose of sating the opinions prescribed in the same paragraph and it is extremely difficult to conduct the relevant field investigations for an extended period of time for reasons of heavy snow accumulation or other natural phenomena, the relevant submission period is to be specified by the prefectural governor within a period not exceeding 150 days.

(2)The provisions of Article 10, paragraph (2) are applied mutatis mutandis to the case where a period is determined in accordance with the provisions of the proviso of the preceding paragraph.

(Minor Revisions as Defined by Cabinet Order Referred to in Article 21, Paragraph (1), Item (i) of the Act)

Article 13(1)Minor revisions as defined by cabinet order referred to in Article 21, paragraph (1), item (i) of the Act means revisions to project specification elements set forth in column 2 of appended table 2 according to the category of target project set forth in column 1 of the relevant table and those which satisfy the requirements set forth in column 3 of the relevant table (excluding the cases where among the mayors of the municipalities (hereinafter including the heads of special wards) who, when the provisions of Article 6, paragraph (1) of the Act are applied to the target project after the relevant revisions, have jurisdiction over the region prescribed in the same paragraph, the mayors other than those having jurisdiction over the relevant region pertaining to the target project prior to the relevant revisions are included, and the cases where there are special circumstances to recognize a possibility of increasing environmental impact beyond a significant degree).

(2)The revisions as defined by cabinet order referred to in Article 21, paragraph (1), item (i) of the Act are as follows:

(i)the revisions set forth in the preceding paragraph;

(ii)revisions other than the revisions to project specification elements set forth in column 2 of appended table 2 according to the category of target project set forth in column 1 of the relevant table.

(iii)beyond those set forth in the preceding two items, the revisions which aim at reducing environmental loads and where among the mayors of the municipalities who, when the provisions of Article 6, paragraph (1) of the Act are applied to the target project after the relevant revisions, have jurisdiction over the region prescribed in the same paragraph, the mayors other than those having jurisdiction over the relevant region pertaining to the target project prior to the relevant revisions are not included.

(Period for Submission of the Minister of the Environment's Opinions on the EIS)

Article 14The period designated by cabinet order referred to in Article 23 of the Act is 45 days.

(A Corporation Defined by Public Law Specified by Cabinet Order Referred to in Article 23-2 of the Act)

Article 15The corporation defined by public law specified by cabinet order referred to in Article 23-2 of the Act is the port authority as specified by the provisions of Article 4, paragraph (1) of the Port and Harbor Act (Act No. 218 of 1950).

(Period for Submission of Opinions of the Issuers of License on an EIS)

Article 16The period designated by cabinet order referred to in Article 24 of the Act is 90 days.

(Minor Revisions as Defined by cabinet order Referred to in Article 25, Paragraph (1), Item (i) of the Act)

Article 17The provisions of Article 13 is applied mutatis mutandis to the minor revisions as defined by cabinet order referred to in Article 25, paragraph (1), item (i) of the Act and the revisions as defined by cabinet order referred to in the same item, and the minor revisions as defined by cabinet order in the proviso of Article 28 of the Act and the revisions as defined by cabinet order in the proviso of the same Article.

(Minor Modifications as Defined by Cabinet Order Referred to in Article 31, Paragraph (2) of the Act)

Article 18(1)Minor modifications as defined by cabinet order referred to in Article 31, paragraph (2) of the Act means modification of project specification elements set forth in column 2 of appended table 3 according to the category of target project set forth in column 1 of the relevant table and those which satisfy the requirements set forth in column 3 of the relevant table (excluding the cases where among the mayors of the municipalities who, when the provisions of Article 6, paragraph (1) are applied to the target project after the relevant modifications, have jurisdiction over the region prescribed in the same paragraph, the mayors other than those having jurisdiction over the relevant region pertaining to the target project prior to the relevant modifications are included and the cases where there are special circumstances to recognize a possibility of increasing environmental impact beyond a significant degree).

(2)The modifications as defined by cabinet order referred to in Article 31, paragraph (2) of the Act are as follows:

(i)the modifications set forth in the preceding paragraph;

(ii)modifications other than the modification of project specification elements set forth in column 2 of appended table 3 according to the category of target project set forth in column 1 of the relevant table;

(iii)beyond those set forth in the preceding two items, the modifications which aim at reducing environmental loads (limited to those intended to increase green space or other buffer open space) and where among the mayors of the municipalities, when the provisions of Article 6, paragraph (1) of the Act are applied to the target project after the relevant modifications, who have jurisdiction over the region prescribed in the same paragraph, the mayors other than those having jurisdiction over the relevant region pertaining to the target project prior to the relevant modifications are not included.

(The Provisions of Acts Pertaining to the Review regarding Consideration for Environmental Conservation)

Article 19The provisions of the acts designated by Cabinet Order in each item of Article 33, paragraph (2) of the Act are set forth in appended table 4.

(Period for Submission of the Minister of the Environment's Opinions on Report)

Article 20The period designated by Cabinet Order referred to in Article 38-4 of the Act is 45 days.

(Period for Submission of Opinions of the Issuers of License Report)

Article 21The period designated by Cabinet Order referred to in Article 38-5 of the Act is 90 days.

(Special Provisions on Procedures Relating to Target Projects Stipulated in City Plan)

Article 22Regarding the application of the provisions of Article 9 in cases where the city planning stipulator conducts an examination of items for primary environmental impact consideration and other procedures in accordance with the provisions of Article 38-6, paragraph (1) or paragraph (2), the term "Article 3-6 of the Act" in Article 9 is deemed to be replaced with "Article 3-6 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 38-6, paragraph (3)."

Article 23Regarding the application of the provisions of Articles 10 through 21 in cases where the city planning stipulator conducts an environmental impact assessment and other procedures in accordance with the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1) of the Act, the term "Article 10, paragraph (1) of the Act" in Article 10, paragraph (1) is deemed to be replaced with "Article 10, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "the project proponent" in the same Article, paragraph (2) is deemed to be replaced with "the city planning stipulator"; the term "Article 10, paragraph (4) of the Act" in the title of Article 11 and in the same Article is deemed to be replaced with "Article 10, paragraph (4) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "Article 20, paragraph (1) of the Act" in Article 12, paragraph (1) is deemed to be replaced with "Article 20, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "the target project" in Article 13, paragraph (1) is deemed to be replaced with "the target project in city plan"; the term "Article 6, paragraph (1) of the Act" is deemed to be replaced with "Article 6, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "the target project" in the same Article 13, paragraph (2), item (ii) and (iii) is deemed to be replaced with "the target project in city plan"; the term "Article 6, paragraph (1) of the Act" in the same item is deemed to be replaced with "Article 6, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "Article 24 of the Act" in Article 16 is deemed to be replaced with "Article 24 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the terms "the proviso of the Article 28 of the Act" and "the proviso of the same Article" in Article 17 are deemed to be replaced with "the proviso of Article 28 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "Article 31, paragraph (2) of the Act" in the title of Article 18 and the same Article, paragraph (1) is deemed to be replaced with "Article 31, paragraph (2) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) and Article 43, paragraph (2) of the Act"; the term "the target project" in the same paragraph is deemed to be replaced with "the target project in city plan"; the term "Article 6, paragraph (1) of the Act" is deemed to be replaced with "Article 6, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "Article 31, paragraph (2) of the Act" in the same Article, paragraph (2) is deemed to be replaced with "Article 31, paragraph (2) as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) and Article 43, paragraph (2) of the Act"; the term "the target project" in the same paragraph, item (ii) and (iii) is deemed to be replaced with "the target project in city plan"; the term "Article 6, paragraph (1) of the Act" in the same item is deemed to be replaced with "Article 6, paragraph (1) of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) of the Act"; the term "Article 38-5 of the Act" in Article 21 is deemed to be replaced with "Article 38-5 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 40-2 of the Act"; the term "of target project" in appended table 2 and appended table 3 is deemed to be replaced with "of target project in city plan"; the phrase "the target project which falls under" is deemed to be replaced with "the target project in city plan which falls under"; the term "the target project implementation area" is deemed to be replaced with "the area in which the target project in city plan will be implemented."

(The Project Proponent who Must Conduct an Environmental Impact Assessment on the Request of the City Planning Stipulator)

Article 24The project proponent specified by cabinet order referred to in Article 46, paragraph (2) of the Act is as follows:

(i)the head of the national government's administrative organ (including local branch office) in charge of implementing the target project;

(ii)the corporation prescribed in Article 2, paragraph (2), item (ii), (c) of the Act.

(Requirements for a Target Port Plan)

Article 25Determination on a port plan or modification of the port plan after the determination which require an environmental impact assessment and other procedures in accordance with Article 48, paragraph (1) of the Act are those that fall under any of the following items:

(i)determination on a port plan in which, of the area to be appropriated for port development, etc. specified in the relevant port plan, the total of the area pertaining to landfill and the area to be waters by means of excavation of land (in the following item, referred to as "a landfill, etc. area") is 300 hectares or more;

(ii)modification of a port plan after the determination in which, of the area to be appropriated for port development, etc. specified in the port plan after the relevant modifications, the total area of a landfill, etc. area (excluding those specified in the port plan prior to the relevant modifications) is 300 hectares or more.

(Procedures Relating to the Target Port Plan)

Article 26(1)The provisions of Article 12, paragraph (1) are applied mutatis mutandis to the period specified by cabinet order referred to in Article 20, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act.

(2)The provisions of Article 10, paragraph (2) are applied mutatis mutandis to the case where the period is specified in accordance with the provisions of the proviso of Article 12, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.In this case, the term "the project proponent" in Article 10, paragraph (2) is deemed to be replaced with "the port management body."

(3)Minor revisions as defined by cabinet order referred to in Article 21, paragraph (1), item (i) of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act means revisions to the location of the area prescribed in the preceding Article, item (i) or (ii) with the total of the areas that are newly included in the relevant area after the relevant revisions is less than 30 percent of the total of the relevant area prior to the relevant revisions (excluding the cases where among the mayors of the municipalities who, when the provisions of Article 15 of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act are applied to the relevant port plan after the relevant revisions, have jurisdiction over the region prescribed in the same Article 15 of the Act, the mayors other than those having jurisdiction over the relevant region pertaining to the relevant port plan prior to the relevant revisions are included and the cases that there are special circumstances to recognize a possibility of increasing port environmental impact beyond a significant degree).

(4)The revisions as defined by cabinet order referred to in Article 21, paragraph (1), item (i) of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act are as follows:

(i)the revisions set forth in the preceding paragraph;

(ii)revisions other than the modification of the location of the area prescribed in the preceding Article 25, item (i) or (ii);

(iii)beyond those set forth in the preceding two items, the revisions which aim at reducing the environmental load and where among the mayors of the municipalities, when the provisions of Article 15 of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act are applied to the target port plan after the relevant revisions, who have jurisdiction over the region prescribed in the same Article 15 of the Act, the mayors other than those having jurisdiction over the relevant region pertaining to the target port plan prior to the relevant amendments are not included.

(5)The provisions of the preceding two paragraphs are applied mutatis mutandis to the minor revisions specified by cabinet order in the proviso of Article 28 of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act and the revisions specified by cabinet order in the proviso of Article 28 of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act.

(6)Minor modifications as defined by cabinet order referred to in Article 31, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act means modifications of the location of the area prescribed in the preceding Article 25, item (i) or (ii) with the total of the areas that are newly included in the relevant area after the relevant modifications is less than 30 percent of the total of the relevant area prior to the relevant modifications (excluding the cases where among the mayors of the municipalities, when the provisions of Article 15 of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act are applied to the relevant port plan after the relevant modifications, who have jurisdiction over the region prescribed in the same Article, the mayors other than those having jurisdiction over the relevant region pertaining to the target port plan prior to the relevant modifications are included and the cases where there are special circumstances to recognize a possibility of increasing port environmental impact beyond a significant degree).

(7)The modifications as defined by cabinet order referred to in Article 31, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 48, paragraph (2) of the Act are as follows:

(i)the modifications set forth in the preceding paragraph;

(ii)modifications other than the modification of the location of the area prescribed in the preceding Article 25, item (i) or (ii).

(Minor Modifications as defined by Cabinet Order referred to in Article 54, paragraph (1) of the Act)

Article 27The provisions of Article 18 are applied mutatis mutandis to the minor modifications defined by cabinet order referred to in Article 54, paragraph (1) of the Act and the modifications defined by cabinet order in the same paragraph.In this case, the term "the target project" in Article 18, paragraph (1), and paragraph (2), items (ii) and (iii) is deemed to be replaced with "the project"; the term "of target project" in appended table 3 is deemed to be replaced with "of project"; the phrase "the target project which falls under" is deemed to be replaced with "the project which falls under"; the term, "the target project implementation area" is deemed to be replaced with "the area in which the project will be implemented."

Supplementary Provisions

This Cabinet Order comes into effect as of the date of enforcement (December 12, 1997) set forth in Article 1, item (i) of the Supplementary Provisions of the Act.

Supplementary Provisions[Cabinet Order No. 353 of December 10, 1997][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (June 17, 1998) set forth in Article 1, item (i) of the Supplementary Provisions of the Act on Partial Revision of the Act on Waste Management and Public Cleansing (hereinafter in this Article referred to as the "Revision Act.")

Article 6Prior laws continue to govern the applicability of penal provisions to acts committed before the date of enforcement of this Cabinet Order. .

Supplementary Provisions[Cabinet Order No. 273 of August 12, 1998]

This Cabinet Order comes into effect as of the date of enforcement (June 12, 1999) of the Environmental Impact Assessment Act.

Supplementary Provisions[Cabinet Order No. 417 of December 28, 1998]

This Cabinet Order comes into effect as of the date of enforcement (June 12, 1999) of the Environmental Impact Assessment Act.

Supplementary Provisions[Cabinet Order No. 126 of March 31, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 1999.

Supplementary Provisions[Cabinet Order No. 256 of August 18, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of partial enforcement (October 1, 1999) of the Urban Infrastructure Public Corporation Act (hereinafter referred to as the "Public Corporation Act")

Supplementary Provisions[Cabinet Order No. 306 of September 29, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 1999.

Supplementary Provisions[Cabinet Order No. 387 of December 3, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2000.

Supplementary Provisions[Cabinet Order No. 431 of February 27, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of March 21, 2000.

Supplementary Provisions[Cabinet Order No. 313 of June 7, 2000][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (January 6, 2001) of the Act on Partial Revision of the Cabinet Act (Act No. 88 of 1999).

Supplementary Provisions[Cabinet Order No. 457 of October 18, 2000][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (October 20, 2000) of the Act on Partial Revision of the River Act.

Supplementary Provisions[Cabinet Order No. 321 of July 24, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 329 of July 24, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of promulgation; provided, however, that the provisions of Articles 8 through 43 and the provisions of Article 44 of the Supplementary Provisions (limited to the part Revising Article 78, item (iv) of the Order on Organization of the Ministry of Land, Infrastructure, Transport and Tourism (Cabinet Order No.255 of 2000)) come into effect as of October 1, 2003.

Supplementary Provisions[Cabinet Order No. 438 of September 25, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of promulgation; provided, however, that the provisions of Article 9 and Articles 11 through 33 come into effect as of October 1, 2003.

Supplementary Provisions[Cabinet Order No. 449 of October 1, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of December 1, 2003.

Supplementary Provisions[Cabinet Order No. 489 of December 5, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of promulgation; provided, however, that the provisions of Articles 18 through 41, Article 43 and 44 of the Supplementary Provisions come into effect as of April 1, 2004.

Supplementary Provisions[Cabinet Order No. 50 of March 19, 2004][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of promulgation; provided, however, that the provisions of Articles 9 through 44 of the Supplementary Provisions come into effect as of April 1, 2004.

Supplementary Provisions[Cabinet Order No. 160 of April 9, 2004][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of July 1, 2004.

Supplementary Provisions[Cabinet Order No. 181 of May 26, 2004][Extract]

This Cabinet Order comes into effect as of the time of establishment of the Organization.

Supplementary Provisions[Cabinet Order No. 203 of June 1, 2005][Extract]

This Cabinet Order comes into effect as of October 1, 2005.

Supplementary Provisions[Cabinet Order No. 322 of October 21, 2005]

This Cabinet Order comes into effect as of the date of enforcement (October 24, 2005) of the Act on Partial Revision of the Act on Special Measures Concerning Urban Reconstruction to Promote Improvement of Urban Areas by Utilizing the Ability of Private Business Operators

Supplementary Provisions[Cabinet Order No. 375 of December 21, 2005][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of the date of enforcement (December 22, 2005) of the Act on Partial Revision of the Comprehensive National Land Development Act for Comprehensive Spatial Development.

Supplementary Provisions[Cabinet Order No. 127 of March 31, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2008.

Supplementary Provisions[Cabinet Order No. 130 of March 31, 2008]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2008.

(Transitional Measures)

Article 2Regarding a class-1 project newly prescribed in Article 2, paragraph (2) of the Environmental Impact Assessment Act (hereinafter in this Article referred to as "class-1 project") and a class-2 project newly prescribed in Article 2, paragraph (3) of the same Act (hereinafter in this Article referred to as "class-2 project") as a result of the enforcement of this Cabinet Order, in the cases where construction to open or expand a forest road was commenced prior to the enforcement date of this Cabinet Order (excluding those implemented as a class-1 or class-2 project because of modification of its contents on and after the enforcement date of this Cabinet Order), the provisions of Articles in Chapters II through IX of the same Act does not apply.

Supplementary Provisions[Cabinet Order No. 248 of December 22, 2010][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (April 1, 2011) of the Act on Partial Revision of the Act on Waste Management and Public Cleansing (hereinafter referred to as the "Revision Act.")

Supplementary Provisions[Cabinet Order No. 241 of July 29, 2011]

This Cabinet Order comes into effect as of the date of enforcement (August 2, 2011) of the provisions set forth in Article 1, item (i) of the Supplementary Provisions of the Act on the Development of Related Acts for Promoting Reform to Increase Independence and Autonomy of Local Communities.

Supplementary Provisions[Cabinet Order No. 316 of October 14, 2011][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (April 1, 2012) of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions of the Act on Partial Revision of the Environmental Impact Assessment Act (Act No. 27 of 2011).

Supplementary Provisions[Cabinet Order No. 340 of November 16, 2011]

This Cabinet Order comes into effect as of October 1, 2012.

Supplementary Provisions[Cabinet Order No. 364 of November 28, 2011]

This Cabinet Order comes into effect as of April 1, 2012; provided, however, that the provisions of Article 4 and 6 comes into effect as of the date of enforcement (November 30, 2011) of the provisions set forth in Article 1, item (i) of the Supplementary Provisions of the Act on the Development of Related Acts for Promoting Reform to Increase Independence and Autonomy of Local Communities.

Supplementary Provisions[Cabinet Order No. 252 of September 26, 2012][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of April 1, 2013.

Supplementary Provisions[Cabinet Order No. 265 of October 24, 2012][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of the date of enforcement (April 1, 2013) of the Act on Partial Revision of the Environmental Impact Assessment Act (Act No. 27 of 2011).

Supplementary Provisions[Cabinet Order No. 184 of May 16, 2014]

This Cabinet Order comes into effect as of the date of enforcement (May 19, 2014) of the Act on Partial Revision of the Act for Establishment of the Cabinet Office.

Supplementary Provisions[Cabinet Order No. 334 of October 16, 2014]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 441 of December 24, 2015]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 43 of February 17, 2016]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Revising Act (April 1, 2016); provided, however, that the provisions of Article 36 and 38 come into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 322 of September 30, 2016]

This Cabinet Order comes into effect as of the date of promulgation.

Appended Table 1 (relating to Article 1, 3, and 7)

Appended Table 2 (relating to Article 13)

Category of target project	Project specification elements	Condition for revision where procedures are not required to be followed
1. Target project that falls under row 1, (a) through (f) of appended table 1	Length of a road	The length of a road does not increase by 20% or more.
	Location of the target project implementation area	An area located 100 m or more away from the target project implementation area prior to revision will not be included in a new target project implementation area.
	The number of lanes	The number of lanes will not increase.
	Design speed	The design speed will not increase.
2. Target project that falls under row 1, (g) of appended table 1	Length of a forest road	The length of a forest road does not increase by 20% or more.
	Location of the target project implementation area	An area located 200 m or more away from the target project implementation area prior to revision will not be included in a new target project implementation area.
	The speed of vehicle used as the basis of design of a forest road	The speed of vehicle used as the basis of design of a forest road will not increase.
3. Target project that falls under row 2, (a) through (e) of appended table 1	Location of a reservoir area	The surface area of the part that will become a new reservoir area is less than 20% of the reservoir surface area prior to revision.
	Distinction of a concrete dam or filldam
4. Target project that falls under row 2, (f) through (o) of appended table 1	Location of an impounded area	The surface area of the part that will become a new impounded area is less than 20% of the impounded surface area prior to revision.
	Distinction of a fixed weir or movable weir
5. Target project that falls under row 2, (p) of appended table 1	Location of the land on which a lake water level control facility will be installed, or that of the maximum water bottom area expected to be exposed by the operation of the said facility (hereinafter referred to as "lake development area")	The surface area of the part that will become a new lake development area (at the bottom, the maximum horizontal projection area) is less than 20% of the lake development area prior to revision.
7. Target project that falls under row 3, (a) through (d) of appended table 1	Length of a railway	An area located 300 m or more away from the main track facility area prior to revision will not be included in a new main track facility area.
	Location of a main track facility area (meaning the area in which a target project falling under row 3 of appended table 1 will be implemented, excluding a train shed, or train inspection and maintenance facility; the same shall apply hereinafter)	An area located 300 m or more away from the main track facility area prior to revision will not be included in a new main track facility area.
	The number of main tracks (excluding those relating to one station; the same shall apply hereinafter)	A new main track will not be added.
	The maximum speed of a train used as the basis of design of a railway facility	The maximum speed of a train used as the basis of design of a railway facility will not increase over 20 km/h in the above-ground section.
8. Target project that falls under row 3, (e) or (f) of appended table 1	Location of a main track facility area	An area located 100 m or more away from the main track facility area prior to revision will not be included in a new main track facility area.
	Location of a main track facility area	An area located 100 m or more away from the main track facility area prior to revision will not be included in a new main track facility area.
	The number of main tracks	A new main track will not be added.
	The maximum speed of train used as the basis of design of a railway facility	The maximum speed of a train used as the basis of design of a railway facility will not increase over 10 km/h in the above-ground section.
9. Target project that falls under row 3, (g) or (h) of appended table 1	Length of tram track	The length of tram track will not increase by 10% or more.
	Location of a main track facility area	An area located 100 m or more away from the main track facility area prior to revision will not be included in a new main track facility area.
	The number of main tracks	A new main track will not be added.
	The maximum speed of a tram used as the basis of design of a tram track facility	The maximum speed of a tram used as the basis of design of a tram track facility will not increase over 10 km/h in the above ground section.
10. Target project that falls under row 4 of appended table 1	Length of a runway	The length of a runway will not increase beyond 300 m.
	Location of an airport and its facility area	The surface area of the part that will become a new airport and its facility area is less than 20 ha.
11. Target project that falls under row 5, (a) through (d) of appended table 1	The output of a power plant or power generation facility	That the output of a power plant or power generation facility will not increase by more than 10%.
	Location of a dam reservoir area	The surface area of the part that will newly become a dam's reservoir area is less than 20% of the said area prior to revision.
	Location of a weir impounded area	The surface area of the part that will newly become a weir's impounded area is less than 20% of the impounded surface area prior to revision, or less than 1 ha.
	Distinction of a concrete dam or filldam
12. Target project that falls under row 5, (e) or (f) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to revision will not be included in a new target project implementation area.
	Distinction by motive power: steam; gas turbine; internal combustion; or combination of these
	Type of fuel
	Distinction by cooling method: cooling tower; cooling pond; or other
13. Target project that falls under row 5, (g) or (h) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to revision will not be included in a new target project implementation area.
14. Target project that falls under row 5, (i) or (j) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to revision will not be included in a new target project implementation area.
15. Target project that falls under row 5, (k) or (l) of appended table 1	The output of a power plant	The output of a power plant will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to revision will not be included a new target project implementation area.
16. Target project that falls under row 6 of appended table 1	Location of a landfill disposition area	The surface area of the part that will newly become a landfill disposition area is less than 20% of the landfill disposition area prior to revision.
	Distinction by type of disposal site: an industrial waste disposal site prescribed in Article 7, item (14) (a) of the Cabinet Order for Enforcement of the Act on Waste Disposal and Public Cleansing (Cabinet Order No. 300 of 1971); an industrial waste disposal site prescribed in the same item (b); or a domestic waste disposal site or industrial waste disposal site prescribed in the same item (c).
17. Target project that falls under row 7 of appended table 1	Location of a reclamation and empolderment area	The surface area of the part that will newly become a reclamation and empolderment area is less than 20% of the reclamation and empolderment area prior to revision.
18. Target project that falls under rows 8 through 12 of appended table 1	Location of an execution area	The surface area of the part that will newly become an execution area is less than 10% of the execution area prior to revision and less than 20 ha.
19. Target project that falls under row 13 of appended table 1	Location of the land relating to land development	The surface area of the part that will newly become the land relating to land development is less than 10% of the said area prior to revision and less than 20 ha.

Appended Table 3 (relating to Article 18)

Category of target project	Project specification elements	Condition for modification where procedures are not required to be followed
1. Target project that falls under row 1, (a) through (f) of appended table 1	ength of a road	The length of a road does not increase by 10% or more.
	Location of the target project mplementation area	An area located 100 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	The number of lanes	The number of lanes will not increase.
	Design speed	The design speed will not increase.
	Distinction of embankment, earth cut, tunnel, bridge or overpass, or other structure	The distinction of embankment, earth cut, tunnel, bridge or overpass, or other structure will not be modified over the continuous segment of 1,000 m or more.
	Location of the area in which a national expressway facility that serves to connect a national expressway to a transportation facility, or other facility to connect a road to a transportation facility of the scale equivalent to the said national expressway facility (hereinafter referred to as "interchange etc. area") is constructed.	An area located 500 m or more away from the interchange etc. area prior to modification will not be included in a new interchange etc. area.
2. Target project that falls under row 1, (g) of appended table 1	Length of a forest road	The length of a forest road does not increase by 10% or more.
	Location of the target project implementation area	An area located 200 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	The speed of vehicle used as the basis of design of a forest road	The speed of vehicle used as the basis of design of a forest road will not increase.
	Location of the area at which a tunnel or bridge will be constructed	A tunnel, or a bridge of 20 m or more in length (excluding those corresponding to relocation) will not be newly added, or will not be newly canceled.
3. Target project that falls under row 2, (a) through (e) of appended table 1	Location of a reservoir area	The surface area of the part that will become a new reservoir area is less than 10% of the reservoir surface area prior to modification.
	Distinction of a concrete dam or filldam
	Location of the target project implementation area	An area located 500 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
4. Target project that falls under row 2, (f) through (o) of appended table 1	Location of an impounded area	The surface area of the part that will become a new impounded area is less than 10% of the impounded surface area prior to modification.
	Distinction of a fixed weir or movable weir
	Location of a weir	Either end of a weir will not be moved by 500 m or more.
5. Target project that falls under row 2, (p) of appended table 1	Location of a lake development area	The surface area of the part that will become a new lake development area (at the bottom, the maximum horizontal projection area) is less than 10% of the lake development area prior to modification.
6. Target project that falls under row 2, (q) of appended table 1	Location of a drainage canal area	The surface area of the part that will become a new drainage canal area is less than 10% of the said area prior to modification.
7. Target project that falls under row 3, (a) through (d) of appended table 1	Location of a main track facility area	The length of a railway will not increase by 10% or more.
	Location of a main track facility area	An area located 300 m or more away from the main track facility area prior to modification will not be included in a new main track facility area.
	The number of main tracks	A new main track will not be added.
	The maximum speed of a train used as the basis of design of a railway facility	The maximum speed of a train used as the basis of design of a railway facility will not increase over 20 km/h in the above-ground section.
	The number of trains in operation	The number of trains in operation will not increase by 10% or more, or over 10 trains per day.
	Distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure	The distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure will not be modified over the continuous segment of 1,000 m or more.
	Location of a train shed, or inspection and maintenance facility area	The surface area of a train shed or inspection and maintenance facility area will not increase by 10 ha or more.
8. Target project that falls under row 3, (e) or (f) of appended table 1	Length of a railway	The length of a railway will not increase by 10% or more.
	Location of a main track facility area	An area located 100 m or more away from the main track facility area prior to modification will not be included in a new main track facility area.
	The number of main tracks	A new main track will not be added.
	The maximum speed of a train used as the basis of design of a railway facility	The maximum speed of a train used as the basis of design of a railway facility will not increase over 10 km/h in the above-ground section.
	The number of trains in operation	The number of trains in operation in the above-ground section will not increase by 10% or more, or over 10 trains per day.
	Distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure	The distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure will not be modified over the continuous segment of 1,000 m or more.
	Location of a train shed, or inspection and maintenance facility area	The surface area of a train shed or inspection and maintenance facility area will not increase by 10 ha or more.
9. Target project that falls under row 3, (g) or (h) of appended table 1	Length of tram track	That the length of tram track will not increase by 10% or more.
	Location of a main track facility area	An area located 100 m or more away from the main track facility area prior to modification will not be included in a new main track facility area.
	The number of main tracks	A new main track will not be added.
	The maximum speed of a tram used as the basis of design of a tram track facility	The maximum speed of a tram used as the basis of design of a tram track facility will not increase over 10 km/h in the above ground section.
	The number of trams in operation	The number of trams in operation in the above-ground section will not increase by 10% or more, or over 10 trains per day.
	Distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure	The distinction of embankment, earth cut, tunnel or underground, bridge or overpass, or other structure will not be modified over the continuous segment of 1,000 m or more.
	Location of a tram shed, or inspection and maintenance facility area	The surface area of a tram shed or inspection and maintenance facility area will not increase by 10 ha or more.
10. Target project that falls under row 4 of appended table 1	Length of a runway	The length of a runway will not increase beyond 300 m.
	Location of an airport and its facility area	The surface area of the part that will become a new airport and its facility area is less than 20 ha.
	Location of the target project implementation area	An area located 500 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	The type or number of airplanes scheduled to be utilized	The land area located 500 m or more away from the peripheral area of an airport prior to modification (meaning the area where the day-evening-night equivalent sound level prescribed in Article 6 of the Cabinet Order for Enforcement of the Act on Prevention of Damage caused by Aircraft Noise in Areas around Public Airports (Cabinet Order No. 284 of 1967), when the provisions of the same Article are applied, is higher than the level specified by the Ordinance of the Ministry of the Environment; the same shall apply hereinafter) will not newly become the peripheral area of an airport.
11. Target project that falls under row 5, (a) through (d) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of a dam reservoir area	The surface area of the part that will newly become a dam's reservoir area is less than 10% of the said area prior to modification.
	Location of a weir impounded area	The surface area of the part that will newly become a weir's impounded area is less than 10% of the impounded surface area prior to modification, or less than 1 ha.
	Distinction of a concrete dam or filldam
	Location of the target project implementation area	An area located 500 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	Location of a reduced water section	The length of the part that will become a new reduced water section is less than 20% of the reduced water section prior to modification, or less than 100 m.
12. Target project that falls under row 5, (e) or (f) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	Distinction of motive power: steam, gas turbine, internal combustion, or combination of these
	Type of fuel
	Distinction of cooling method: cooling tower, cooling pond, or other
	Annual fuel consumption	Annual fuel consumption will not increase by 10% or more.
	Hourly soot and smoke emissions	Hourly soot and smoke emissions will not increase by 10% or more.
	The height of a chimney	The height of a chimney will not decrease by 10% or more.
	Distinction of the destination of hot drainage: water surface or underwater
	Location of a water outlet	A water outlet will not be moved by 100 m or more.
13. Target project that falls under row 5, (g) or (h) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	The height of a cooling tower	The height of a cooling tower will not decrease by 10% or more.
	Location of a steam well or injection well	A steam well or injection well will not be moved by 100 m or more.
14. Target project that falls under row 5, (i) or (j) of appended table 1	The output of a power plant or power generation facility	The output of a power plant or power generation facility will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	Distinction of the destination of hot drainage: water surface or underwater
	Location of a water outlet	A water outlet will not be moved by 100 m or more.
15. Target project that falls under row 5, (k) or (l) of appended table 1	The output of a power plant	The output of a power plant will not increase by 10% or more.
	Location of the target project implementation area	An area located 300 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
	Location of a power generation facility	A power generation facility will not be moved by 100 m or more.
16. Target project that falls under row 6 of appended table 1	Location of a landfill disposition area	The surface area of the part that will newly become a landfill disposition area is less than 10% of the landfill disposition area prior to modification.
	Distinction by type of disposal site: an industrial waste disposal site prescribed in Article 7, item (xiv) (a) of the Cabinet Order for Enforcement of the Act on Waste Management and Public Cleansing; an industrial waste disposal site prescribed in the same item (b); or a domestic waste disposal site or industrial waste disposal site prescribed in the same item (c)
17. Target project that falls under row 7 of appended table 1	Location of a reclamation and empolderment area	The surface area of the part that will newly become a reclamation and empolderment area is less than 10% of the reclamation and empolderment area prior to modification.
	Location of the target project implementation area	An area located 500 m or more away from the target project implementation area prior to modification will not be included in a new target project implementation area.
18. Target project that falls under rows 8 through 12 of appended table 1	Location of an execution area	The surface area of the part that will newly become an execution area is less than 10% of the execution area prior to modification and less than 20 ha.
	The land surface area in a land-use plan by purpose of use: industrial, commercial, residential, or other	The surface area of the land for industrial use in a land-use plan will not increase by 20% or more of the said land prior to modification, or 10 ha or more.
19. Target project that falls under row 13 of appended table 1	Location of the land relating to land development	The surface area of the part that will newly become the land relating to land development is less than 10% of the said area prior to modification and less than 20 ha.
	The land surface area in a land-use plan by purpose of use: industrial, commercial, residential, or other	That the surface area of the land for industrial use in a land-use plan will not increase by 20% or more of the said land prior to modification, or 10 ha or more.

Appended Table 4 (relating to Article 19)

1. The provisions of the acts designated by Cabinet Order in Article 33, paragraph (2), item (i) of the Act	Article 8, paragraph (4) of the Land Improvement Act (including as applied mutatis mutandis pursuant to Article 48, paragraph (9), Article 95, paragraph (3) or Article 95-2, paragraph (3) of the same Act); Article 8, paragraph (2) of the Railway Business Act (including as applied mutatis mutandis pursuant to Article 9, paragraph (2) (including as applied mutatis mutandis pursuant to Article 12, paragraph (4) of the same Act) or Article 12, paragraph (4) of the same Act); Article 39, paragraph (1) of the Civil Aeronautics Act (including as applied mutatis mutandis pursuant to Article 43, paragraph (2) of the same Act); and Article 9, paragraph (1) of the Land Readjustment Act (including as applied mutatis mutandis pursuant to Article 10, paragraph (3) of the same Act), Article 21, paragraph (1) of the same Act (including as applied mutatis mutandis pursuant to Article 39, paragraph (2) of the same Act) and Article 51-9, paragraph (1) of the same Act (including as applied mutatis mutandis pursuant to Article 51-10, paragraph (2) of the same Act).
2. The provisions of the acts designated by Cabinet Order in Article 33, paragraph (2), item (ii) of the Act	Article 3, paragraph (5) of the Act on Special Measures concerning Road Construction and Improvement (including as applied mutatis mutandis pursuant to paragraph (8) of the same Article), Article 10, paragraph (3) and Article 12, paragraph (5) of the same Act; Article 8, paragraph (1) of the Waterworks Act (including as applied mutatis mutandis pursuant to Article 10, paragraph (2) of the same Act) and Article 28, paragraph (1) of the same Act (including as applied mutatis mutandis pursuant to Article 30, paragraph (2) of the same Act); Article 5 of the Industrial Water Supply Business Act (including as applied mutatis mutandis pursuant to Article 6, paragraph (3) of the same Act); Article 8-2, paragraph (1) of the Act on Waste Management and Public Cleansing (including as applied mutatis mutandis pursuant to Article 9, paragraph (2) of the same Act) and Article 15-2, paragraph (1) of the same Act (including as applied mutatis mutandis pursuant to Article 15-2-6, paragraph (2) of the same Act); and Article 61 of the City Planning Act (including as applied mutatis mutandis pursuant to Article 63, paragraph (2) of the same Act).
3. The provisions of the acts designated by Cabinet Order in Article 33, paragraph (2), item (iii) of the Act	Article 10, paragraph (4) and Article 12, paragraph (6) of the Act on Special Measures concerning Road Construction and Improvement; Article 74 of the Road Act; Article 79, paragraph (1) of the River Act; Article 13, paragraph (1) of the Act on the Japan Water Agency, Independent Administrative Agency; Article 9, paragraph (1) and paragraph (11) of the Supplementary Provisions of the National Shinkansen Railway Development Act; Article 5, paragraph (1 ) and Article 33 of the Act on Rail Tracks (limited to the cases relating to Article 6, paragraph (1) of the Cabinet Order for Enforcement of the Act on Rail Tracks); and Article 52, paragraph (1), Article 55, paragraph (12), Article 71-2, paragraph (1) and Article 71-3, paragraph (14) of the Land Readjustment Act.