Act on Special Measures for the Reconstruction and Revitalization of Fukushima(Act No. 25 of 2012)
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Act on Special Measures for the Reconstruction and Revitalization of Fukushima
Act No. 25 of March 31, 2012
Table of Contents
Chapter I General Provisions(Articles 1 to 4)
Chapter II Basic Guidelines for the Reconstruction and Revitalization of Fukushima(Articles 5 and 6)
Chapter III Special Measures for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted
Section 1 Plans for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted and Measures Based Thereon(Articles 7 to 17)
Section 2 Special Provisions on Taxation(Articles 18 and 19)
Section 3 Special Provisions, etc. for the Act on Public Housing(Articles 20 to 25)
Chapter IV Measures for Eliminating Health Concerns caused by Radiation and for Creating a Living Environment where People can Live with Peace of Mind(Articles 26 to 37)
Chapter V Special Measures for the Reconstruction and Revitalization of Industry Following the Nuclear Disaster
Section 1 Plans for the Reconstruction and Revitalization of Industry and Measures Based Thereon(Articles 38 to 50)
Section 3 Policies, etc. for Reconstruction and Revitalization of the Agriculture, Forestry and Fisheries Industries(Articles 53 to 57)
Chapter VI Intensive Promotion of Initiatives that Contribute to the Creation of New Industries, etc.(Articles 58 to 63)
Chapter VII Measures Required for Promoting Policies for the Reconstruction and Revitalization of Fukushima(Articles 64 to 69)
Chapter VIII Council for the Reconstruction and Revitalization of Fukushima Following the Nuclear Disaster(Article 70)
Chapter IX Miscellaneous Provisions(Articles 71 to 75)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1This Act aims to facilitate the reconstruction and revitalization of Fukushima following the nuclear disaster, by establishing basic guidelines for reconstruction and revitalization of Fukushima, which will act as the basis for said reconstruction and revitalization of Fukushima following the nuclear disaster, as well as determining special measures for the reconstruction and revitalization of zones where evacuation orders have been lifted or are to be lifted, and special measures for the reconstruction and revitalization of industry following the nuclear disaster, thereby facilitating smooth and prompt reconstruction in response to the Great East Japan Earthquake and contributing to the revitalization of a vibrant Japan, in line with the basic principles set forth in Article 2 of the Basic Act on Reconstruction in Response to the Great East Japan Earthquake (Act No. 76 of 2011), recognizing that the reconstruction and revitalization of Fukushima, which has sustained serious and vast damage due to the nuclear disaster, should be achieved based on the specific circumstances of the prefecture and under the social responsibility of the national government, which has proactively promoted its nuclear energy policy.
(Basic Principles)
Article 2(1)The reconstruction and revitalization of Fukushima following the nuclear disaster must be achieved by way of dealing with the fact that a large number of residents were forced to evacuate due to the nuclear disaster, that restoration work will take a lot of time, that the risk of contamination by radioactive materials have raised residents' concerns over their health, and that due to these facts, there is a need to create an environment where people can live with peace of mind and give birth to and raise children, and at the same time to revitalize the social economy, and by way of resolving other urgent problems that Fukushima now faces, while respecting the opinions of a diverse range of residents, including women, children, and those with disabilities, etc., and with the aim of facilitating the revitalization of the local economy and restoring and maintaining strong bonds among local communities.
(2)Reconstruction and revitalization of Fukushima following the nuclear disaster must be achieved with the aim of enabling each and every resident to overcome the disaster and live a fulfilling life.
(3)Policies for the reconstruction and revitalization of Fukushima following the nuclear disaster must be implemented, while respecting the independence and autonomy of local governments in Fukushima.
(4)Policies for the reconstruction and revitalization of Fukushima following the nuclear disaster must be implemented while giving due consideration to the preservation of local communities in Fukushima.
(5)When implementing policies for the reconstruction and revitalization of Fukushima following the nuclear disaster, special attention must be paid to the provision of accurate information concerning the status of contamination by radioactive materials and the impact thereof on human health, and the status of the reconstruction and revitalization of Fukushima following the nuclear disaster.
(Responsibility of the National Government)
Article 3Based on the basic principles prescribed in the preceding Article, the national government has the responsibility of comprehensively establishing policies for the reconstruction and revitalization of Fukushima following the nuclear disaster, and implementing them promptly and continuously.
(Definitions)
Article 4In this Act, the meanings of the terms listed in the following items are as prescribed respectively in those items:
(i)Fukushima:Meaning the domain of Fukushima prefecture;
(ii)Nuclear Power Plant Accident:Meaning the accident at the nuclear power plants which accompanied the earthquake that occurred off the Pacific coast of the Tohoku region on March 11, 2011;
(iii)Nuclear Disaster:Meaning the disaster which occurred due to the Nuclear Power Plant Accident;
(iv)Zones where Evacuation Orders have been Lifted: Meaning, out of the zones that were subject to the following orders that the Prime Minister or the Head of the Nuclear Emergency Response Headquarters (meaning the Head of the Nuclear Emergency Response Headquarters prescribed in Article 17, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness (Act No. 156 of 1999; the same applies in the following item)) has issued, in relation to the Nuclear Power Plant Accident, to municipal mayors in Fukushima or the Governor of Fukushima Prefecture pursuant to the provisions of Article 15, paragraph (3) or Article 20, paragraph (2) of the same Act (hereinafter such orders are referred to as "Evacuation Orders"), the zones where all of said Evacuation Orders have been lifted:
(a)An order to establish restricted areas pursuant to the provisions of Article 63, paragraph (1) of the Basic Act on Disaster Control Measures (Act No. 223 of 1961) which are applied by replacing the terms pursuant to the provisions of Article 27-4, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness or Article 28, paragraph (2) of the same Act;
(b)An order to issue an instruction asking residents to evacuate their homes;
(c)An order to issue an instruction asking residents to prepare to leave their homes for emergency evacuation or to take refuge inside;
(d)In addition to what is set forth in (a) to (c), orders specified by Cabinet Order as being equivalent thereto;
(v)Zones where Evacuation Orders have been Lifted or are to be Lifted:Meaning Zones where Evacuation Orders have been Lifted and the zones, out zones that are subject to Evacuation Orders at present, where all of said Evacuation Orders are supposed to be lifted in the near future, as indicated in the orders that the Head of the Nuclear Emergency Response Headquarters has issued to municipal mayors in Fukushima or the Governor of Fukushima Prefecture pursuant to the provisions of Article 20, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness.
Chapter II Basic Guidelines for the Reconstruction and Revitalization of Fukushima
(Establishment, etc. of the Basic Guidelines for the Reconstruction and Revitalization of Fukushima)
Article 5(1)Based on the Basic Principles prescribed in Article 2, the national government must establish basic guidelines for comprehensively promoting policies for the reconstruction and revitalization of Fukushima following the Nuclear Disaster (hereinafter referred to the "Basic Guidelines for the Reconstruction and Revitalization of Fukushima").
(2)The Basic Guidelines for the Reconstruction and Revitalization of Fukushima provide for the following:
(i)Particulars concerning the significance and goals of the reconstruction and revitalization of Fukushima following the Nuclear Disaster;
(ii)Basic particulars concerning policies that the national government should steadily implement for facilitating the reconstruction and revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted;
(iii)Basic particulars concerning policies that the national government should steadily implement for eliminating health concerns due to radiation and for otherwise creating a living environment where people can live with peace of mind;
(iv)Basic particulars concerning policies that the national government should steadily implement for facilitating the reconstruction and revitalization of industry following the Nuclear Disaster;
(v)Basic particulars concerning the approval set forth in Article 38, paragraph (9) with regard to the Plan for Reconstruction and Revitalization of Industry as prescribed in paragraph (1) of said Article;
(vi)Basic particulars concerning policies that the national government should steadily implement for intensively promoting initiatives that contribute to the creation of new industry and strengthening international competitiveness in industry, and initiatives toward other leading policies;
(vii)Basic particulars concerning the approval set forth in Article 58, paragraph (5) with regard to an Intensive Promotion Plan prescribed in paragraph (1) of said Article;
(viii)Basic particulars concerning linkage with other related policies for facilitating a smooth and prompt reconstruction in response to the Great East Japan Earthquake (meaning the earthquake that occurred off the Pacific coast of the Tohoku region on March 11, 2011 and subsequent disasters caused by the Nuclear Power Plant Accident);
(ix)In addition to the particulars set forth in the preceding items, particulars necessary for the reconstruction and revitalization of Fukushima.
(3)The Prime Minister must prepare a draft of the Basic Guidelines for Reconstruction and Revitalization of Fukushima, while seeking the opinion of the Governor of Fukushima Prefecture, and seek a Cabinet decision thereon.
(4)When the Governor of Fukushima Prefecture intends to present an opinion as set forth in the preceding paragraph, said governor must in advance hear the opinions of the mayors of the relevant municipalities.
(5)When a Cabinet decision has been made pursuant to the provisions of paragraph (3), the Prime Minister must publicize the Basic Guidelines for Reconstruction and Revitalization of Fukushima without delay.
(6)The national government must amend the Basic Guidelines for Reconstruction and Revitalization of Fukushima when the need arises due to any change of circumstances.
(7)The provisions of paragraphs (3) to (5) apply mutatis mutandis to amendments to the Basic Guidelines for Reconstruction and Revitalization of Fukushima under the preceding paragraph.
(Proposal of the Governor of Fukushima Prefecture)
Article 6(1)The Governor of Fukushima Prefecture may make a proposal on amendments to the Basic Guidelines for Reconstruction and Revitalization of Fukushima to the Prime Minister (hereinafter referred to as a "Proposal on Amendments" in this Article), with regard to the promotion of policies for the reconstruction and revitalization of Fukushima.
(2)If the Governor of Fukushima Prefecture intends to make a Proposal on Amendments, said governor must in advance hear the opinions of the mayors of the relevant municipalities.
(3)Where a Proposal on Amendments has been made and when the Prime Minister finds it necessary to amend the Basic Guidelines for Reconstruction and Revitalization of Fukushima based on said Proposal on Amendments, the Prime Minister must prepare a draft of the amendments to the Basic Guidelines for Reconstruction and Revitalization of Fukushima and seek a Cabinet decision thereon.
(4)When a Cabinet decision has been made pursuant to the provisions of the preceding paragraph, the Prime Minister must publicize the Basic Guidelines for Reconstruction and Revitalization of Fukushima without delay.
(5)Where a Proposal on Amendments has been made and the Prime Minister finds that it is not necessary to amend the Basic Guidelines for Reconstruction and Revitalization of Fukushima based on said Proposal on Amendments, the Prime Minister must notify the Governor of Fukushima Prefecture to that effect with the grounds for such finding without delay.
Chapter III Special Measures for the Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted.
Section 1 Plans for the Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, and Measures Based Thereon
(Plans for the Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted)
Article 7(1)In line with the Basic Guidelines for the Reconstruction and Revitalization of Fukushima and based on a request from the Governor of Fukushima Prefecture, the Prime Minister is to establish a plan for facilitating the reconstruction and revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (hereinafter referred to as the "Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted")
(2)The Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted provides for the following (regarding the particulars set forth in items (iii) to (v), including the particulars also covering zones which have never been subject to Evacuation Orders but which are deemed to be especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted):
(i)The significance and goals of the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted;
(ii)The timescale for the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted;
(iii)Particulars concerning the reconstruction and revitalization of industry;
(iv)Particulars concerning the development of roads, ports and harbors, coastlines, and other public facilities;
(v)Particulars concerning the development of the living environment;
(vi)In addition to what are set forth in the preceding items, particulars especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, concerning initiatives such as preparing for the reconstruction and revitalization of zones where the aim is to realize the return of residents in the future, after the lifting of Evacuation Orders.
(3)When the Prime Minister intends to establish a Plan for the Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, the Prime Minister must in advance hold deliberations with the head(s) of the relevant administrative organ(s) and hear the opinion of the Governor of Fukushima Prefecture.
(4)When the Governor of Fukushima Prefecture intends to make a request as set forth in paragraph (1) or present an opinion as set forth in the preceding paragraph, said governor must hear the opinions of the mayors of municipalities that include the Zones where Evacuation Orders have been Lifted or are to be Lifted.
(5)When the Prime Minister has established a Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, the Prime Minister must notify the Governor of Fukushima Prefecture of such plan without delay.
(6)The Prime Minister is to amend the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted when the need arises, due to any change to the Zones where Evacuation Orders have been Lifted or are to be Lifted or to any change of circumstances, based on a request from the Governor of Fukushima Prefecture.
(7)The provisions of paragraphs (3) to (5) apply mutatis mutandis to the amendments to the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted under the preceding paragraph.
(Special Provisions for the Land Improvement Act, etc.)
Article 8(1)The national government may carry out Land Improvement Projects as set forth in Article 2, paragraph (2), items (i) to (iii) and item (vii) of the Land improvement Act (Act No. 195 of 1949) that are to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (limited to the part pertaining to the particulars set forth in paragraph (2), item (iii) of the preceding Article; hereinafter the same applies in this Article) (such projects exclude Reconstruction Related Projects as prescribed in Article 2, paragraph (3) of the Act on Special Measures for the Land Improvement Act for Dealing with the Great East Japan Earthquake (Act No. 43 of 2011; referred to as the "Act on Special Measures for the Land Improvement Act" in paragraph (6)) and the projects carried out by the national government pursuant to the provisions of paragraph (3)), and which the Prime Minister has designated, after obtaining the consent of the Minister of Agriculture, Forestry and Fisheries, as projects especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted.
(2)Land Improvement Projects carried out under the provisions of the preceding paragraph are deemed to be the Land Improvement Projects set forth in Article 87-2, paragraph (1), item (ii) of the Land Improvement Act that can be carried out under the provisions of said paragraph.In this case, the term "pertaining to a facility renovation project (in cases where there is a land improvement district that carries out a project as set forth in Article 2, paragraph (2), item (i) for managing a land improvement facility pertaining to said facility renovation project or other land improvement facility that would exercise its functions together with the former, such project is limited to a project conforming to the requirements specified by Cabinet Order clearly" in Article 87-2, paragraph (4) of the same Act is deemed to be replaced with "pertaining to changes to a land improvement facility (in cases where there is a land improvement district that carries out a project as set forth in Article 2, paragraph (2), item (i) for managing a land improvement facility pertaining to said changes or other land improvement facility that would exercise its functions together with the former, such changes are limited to changes conforming to the requirements specified by Cabinet Order clearly"; the term "a facility renovation project" in item (i) of said paragraph is deemed to be replaced with "changes to a land improvement facility"; the terms "Article 5, paragraphs (6) and (7), Article 7, paragraph (3)" and "paragraph (5) of said Article" in paragraph (10) of said Article are deemed to be replaced with "Article 5, paragraphs (4) to (7), Article 7, paragraphs (3) and (4)" and "paragraph (4) of said Article," respectively; and in Article 87-3, paragraph (2) of the same Act, the terms "to be carried out based on the application under Article 85, paragraph (1), Article 85-2, paragraph (1), or Article 85-3, paragraph (6)" and "to be carried out based on the application under these provisions" are deemed to be deleted.
(3)The national government itself may carry out Land Improvement Projects as set forth in Article 2, paragraph (2), items (i) to (iii) and item (vii) of the Land Improvement Act that are to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (limited to the projects for which the Governor of Fukushima Prefecture has established a land improvement project plan pursuant to the provisions of Article 87, paragraph (1) of the same Act not later than March 11, 2011), and which the Prime Minister has designated, after obtaining the consent of the Minister of Agriculture, Forestry and Fisheries, as projects especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out said Land Improvement Projects available in Fukushima prefecture and other circumstances affecting the region.In this case, it is deemed that the Minister of Agriculture, Forestry and Fisheries has established said land improvement project plan pursuant to the provisions of Article 87, paragraph (1) of the same Act as of the date said designation has been made.
(4)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the Governor of Fukushima Prefecture.
(5)Where the national government carries out Land Improvement Projects pursuant to the provisions of paragraph (3), the succession of rights and obligations that Fukushima prefecture holds with regard to said Land Improvement Projects to the national government are to be determined through deliberations between the Minister of Agriculture, Forestry and Fisheries and the Governor of Fukushima Prefecture.
(6)The amount of the contribution under Article 90, paragraph (1) of the Land Improvement Act for Land Improvement Projects set forth in the following items that the national government carries out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted is the amount specified respectively therein, notwithstanding the provisions of said paragraph:
(i)The Land Improvement Projects set forth in Article 2, paragraph (2), item (v) of the Land Improvement Act (excluding Specified Disaster Recovery Projects as prescribed in Article 2, paragraph (2) of the Act on Special Measures for the Land Improvement Act):The amount calculated in accordance with the provisions of Article 5, item (ii) or (iii) of the Act on Special Measures for the Land Improvement Act;
(ii)The Land Improvement Projects set forth in Article 2, paragraph (2), item (i) of the Land Improvement Act (limited to projects pertaining to changes to a land improvement facility prescribed in said item) that are to be carried out together with the Land Improvement Projects set forth in the preceding item:The amount calculated in accordance with the provisions of Article 5, item (iv) of the Act on Special Measures for the Land Improvement Act.
(7)With regard to the application of the provisions of Article 52, paragraphs (2) and (3) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake (Act No. 122 of 2011) to Land Improvement Projects that Fukushima prefecture carries out in Zones where Evacuation Orders have been Lifted or are to be Lifted pursuant to the provisions of paragraph (1) of said Article, in paragraph (2) of said Article, the term "paragraph (10) of said Article" is deemed to be replaced with "paragraphs (4) and (10) of said Article"; and the term "in Article 87-2, paragraph (10) of the same Act," is deemed to be replaced with "the term 'pertaining to a facility renovation project (if there is a land improvement district that carries out a project as set forth in Article 2, paragraph (2), item (i) for managing a land improvement facility pertaining to said facility renovation project or other land improvement facility that would exercise its functions together with the former, such project is limited to a project conforming to the requirements specified by Cabinet Order as the one clearly' in Article 87-2, paragraph (4) of the same Act is deemed to be replaced with 'pertaining to changes to a land improvement facility (if there is a land improvement district that carries out a project as set forth in Article 2, paragraph (2), item (i) for managing a land improvement facility pertaining to said changes or other land improvement facility that would exercise its functions together with the former, such changes are limited to changes conforming to the requirements specified by Cabinet Order as those clearly'; the term 'a facility renovation project' in item (i) of said paragraph is deemed to be replaced with 'changes to a land improvement facility'; and in paragraph (10) of said Article"; and the term "and Article 87-2, paragraphs (3) to (5)" in paragraph (3) of said Article is deemed to be replaced with "Article 87-2, paragraphs (3) and (5), and paragraph (4) of said Article applied by replacing the terms pursuant to the preceding paragraph."
Article 9(1)The Minister of Agriculture, Forestry and Fisheries may personally carry out work related to a Project for Developing Fishing Ports and Grounds prescribed in Article 4, paragraph (1) of the Act on Development of Fishing Ports and Grounds (Act No. 137 of 1950) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (limited to the part pertaining to the particulars set forth in Article 7, paragraph (2), item (iv); the same applies in the following Article to Article 16) (such Project for Developing Fishing Ports and Grounds are limited to a project pertaining to the one set forth in Article 4, paragraph (1), item (i) of the same Act for a fishing port prescribed in Article 2 of the same Act that is administered by Fukushima prefecture, which serves as the Fishing Port Administrator (meaning a local government determined pursuant to the provisions of Article 25 of the same Act; hereinafter the same applies in this Article)) (such work excludes work pertaining to the projects set forth in the items of Article 3, paragraph (1) of the Act on Work Taken over by the State, etc. for Disaster Recovery Projects for Public Civil Engineering Facilities Damaged by the Great East Japan Earthquake (Act No. 33 of 2011; hereinafter referred to as the "Act on Earthquake Disaster Recovery Work Taken over by the State, etc."), and which the Prime Minister has designated, after obtaining the consent of the Minister of Agriculture, Forestry and Fisheries, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out the work related to the Project for Developing Fishing Ports and Grounds available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Fishing Port Work for Reconstruction" in paragraphs (3) and (4)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from Fukushima prefecture, which serves as the Fishing Port Administrator.
(3)Where the Minister of Agriculture, Forestry and Fisheries carries out Fishing Port Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise the authority in lieu of Fukushima prefecture, which serves as the Fishing Port Administrator, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out the Fishing Port Work for Reconstruction that the Minister of Agriculture, Forestry and Fisheries carries out pursuant to the provisions of paragraph (1) is borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses, an amount equivalent to the amount of the contribution or subsidy that the national government grants to Fukushima prefecture when the prefecture itself carries out said Fishing Port Work for Reconstruction.
(5)The Minister of Agriculture, Forestry and Fisheries who exercises the authority in lieu of the Fishing Port Administrator pursuant to the provisions of paragraph (3) is deemed to be the Fishing Port Administrator, with regard to the application of the provisions of Chapter VII of the Act on Development of Fishing Ports and Grounds.
(Special Provisions for the Erosion Control Act)
Article 10(1)The Minister of Land, Infrastructure, Transport and Tourism may personally carry out Erosion Control Work as prescribed in Article 1 of the Erosion Control Act (Act No. 29 of 1897) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (excluding work pertaining to the projects set forth in the items of Article 4, paragraph (1) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.), and which the Prime Minister has designated, after obtaining the consent of the Minister of Land, Infrastructure, Transport and Tourism, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out the Erosion Control Work available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Erosion Control Work for Reconstruction" in paragraphs (3) and (4)).
(2)A designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the Governor of Fukushima Prefecture.
(3)Where the Minister of Land, Infrastructure, Transport and Tourism carries out Erosion Control Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise authority in lieu of the Governor of Fukushima Prefecture, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out the Erosion Control Work for Reconstruction that the Minister of Land, Infrastructure, Transport and Tourism carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses the amount equivalent to that of the contribution or subsidy that the national government grants to Fukushima prefecture when the Governor of Fukushima Prefecture personally carries out said Erosion Control Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(Special Provisions for the Port and Harbor Act)
Article 11(1)The Minister of Land, Infrastructure, Transport and Tourism may personally carry out Port and Harbor Work as prescribed in Article 2, paragraph (7) of the Port and Harbor Act (Act No. 218 of 1950) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted and pertains to the construction or improvement of Port and Harbor Facilities as prescribed in paragraph (5) of said Article (limited to facilities managed by Fukushima prefecture, which serves as the Port and Harbor Administrator (meaning the Port and Harbor Administrator prescribed in paragraph (1) of said Article; the same applies in the following paragraph) (such work excludes work pertaining to the project set forth in Article 5, paragraph (1), item (ii) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.), and which the Prime Minister has designated, after obtaining the consent of the Minister of Land, Infrastructure, Transport and Tourism, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out the Port and Harbor Work available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Port and Harbor Work for Reconstruction" in paragraph (3)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from Fukushima prefecture that serves as the Port and Harbor Administrator.
(3)The expenses for carrying out the Port and Harbor Work for Reconstruction that the Minister of Land, Infrastructure, Transport and Tourism carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses the amount equivalent to that of the contribution or subsidy that the national government grants to Fukushima prefecture when the prefecture itself carries out said Port and Harbor Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(Special Provisions for the Road Act)
Article 12(1)The Minister of Land, Infrastructure, Transport and Tourism may personally carry out work related to the construction or improvement of Prefectural Roads (meaning the Prefectural Roads set forth in Article 3, item (iii) of the Road Act (Act No. 180 of 1952)) or Municipal Roads (meaning the Municipal Roads set forth in item (iv) of said Article) (excluding work pertaining to the project set forth in Article 6, paragraph (1), item (ii) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, and which the Prime Minister has designated, after obtaining the consent of the Minister of Land, Infrastructure, Transport and Tourism, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out work related to the construction or improvement of roads available in the local governments (limited to Fukushima prefecture and municipalities that contain Zones where Evacuation Orders have been Lifted or are to be Lifted; hereinafter the same applies in this Section) that serve as the Road Administrator (meaning the Road Administrator prescribed in Article 18, paragraph (1) of the Road Act; the same applies in paragraph (5)) of said roads and other circumstances affecting the region (such work is referred to as "Road Work for Reconstruction" in paragraphs (3) and (4)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the local governments set forth in said paragraph.
(3)Where the Minister of Land, Infrastructure, Transport and Tourism carries out the Road Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise authority in lieu of the local governments set forth in said paragraph, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out Road Work for Reconstruction that the Minister of Land, Infrastructure, Transport and Tourism carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, the local governments set forth in said paragraph is to bear the amount that remains after deducting from the amount of said expenses an amount equivalent to that of the subsidy that the national government grants to said local governments when they themselves carry out said Road Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(5)The Minister of Land, Infrastructure, Transport and Tourism who exercises authority in lieu of the Road Administrator pursuant to the provisions of paragraph (3) is deemed to be the Road Administrator, with regard to the application of the provisions of Chapter VIII of the Road Act.
(Special Provisions for the Coast Act)
Article 13(1)The Competent Minister (meaning the Competent Minister prescribed in Article 40 of the Coast Act (Act No. 101 of 1956); hereinafter the same applies in this Article) may personally carry out work related to the construction or improvement of Coast Protection Facilities (meaning the Coast Protection Facilities prescribed in Article 2, paragraph (1) of the same Act; hereinafter the same applies in this paragraph) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, and which the Prime Minister has designated, after obtaining the consent of the Competent Minister, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out the work related to the construction or improvement of Coast Protection Facilities available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Coast Work for Reconstruction" in paragraphs (3) and (4)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the Governor of Fukushima Prefecture who serves as the Coast Administrator (meaning the Coast Administrator prescribed in Article 2, paragraph (3) of the Coast Act; hereinafter the same applies in this Article and Article 45, paragraph (2), item (ii)).
(3)Where the Competent Minister carries out Coast Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise authority in lieu of the Governor of Fukushima Prefecture who serves as the Coast Administrator, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out Coast Work for Reconstruction that the Competent Minister carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses that equivalent to the amount of the contribution or subsidy that the national government grants to Fukushima prefecture when the Governor of Fukushima Prefecture who serves as the Coast Administrator personally carries out said Coast Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(5)The Competent Minister who exercises the authority in lieu of the Coast Administrator pursuant to the provisions of paragraph (3) is deemed to be the Coast Administrator, with regard to the application of the provisions of Chapter V of the Coast Act.
(Special Provisions for the Landslide Prevention Act)
Article 14(1)The Competent Minister (meaning the Competent Minister prescribed in Article 51, paragraph (1) of the Landslide Prevention Act (Act No. 30 of 1958); hereinafter the same applies in this Article) may personally carry out Landslide Prevention Work as prescribed in Article 2, paragraph (4) of the same Act (excluding work pertaining to the projects set forth in the items of Article 8, paragraph (1) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, and which the Prime Minister has designated, after obtaining the consent of the Competent Minister, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out the Landslide Prevention Work available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Landslide Prevention Work for Reconstruction" in paragraphs (3) and (4)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the Governor of Fukushima Prefecture.
(3)Where the Competent Minister carries out the Landslide Prevention Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise authority in lieu of the Governor of Fukushima Prefecture, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out the Landslide Prevention Work for Reconstruction that the Competent Minister carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses an amount equivalent to that of the contribution or subsidy that the national government grants to Fukushima prefecture when the Governor of Fukushima Prefecture personally carries out said Landslide Prevention Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(5)The Competent Minister who exercises the authority in lieu of the Governor of Fukushima Prefecture pursuant to the provisions of paragraph (3) is deemed to be the Governor of Fukushima Prefecture, with regard to the application of the provisions of Chapter VI of the Landslide Prevention Act.
(Special Provisions for the River Act)
Article 15(1)The Minister of Land, Infrastructure, Transport and Tourism may personally carry out improvement work for Class A Rivers (meaning the Class A Rivers as prescribed in Article 4, paragraph (1) of the River Act (Act No. 167 of 1964)), Class B Rivers (meaning the Class B Rivers prescribed in Article 5, paragraph (1) of the same Act; the same applies in paragraph (5)), or other rivers designated by municipal mayors for which the provisions on Class B Rivers apply mutatis mutandis (meaning those prescribed in Article 100, paragraph (1) of the same Act; the same applies in paragraph (5)) within the Designated Section (meaning the Designated Section prescribed in Article 9, paragraph (2) of the same Act) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (such work excludes that pertaining to the project set forth in Article 10, paragraph (1), item (ii) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.), and which the Prime Minister has designated, after obtaining the consent of the Minister of Land, Infrastructure, Transport and Tourism, as work especially necessary for the reconstruction and revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out river improvement work available in the local government, supervised by the head of the local government which should carry out said river improvement work, and other circumstances affecting the region (such work is referred to as "River Work for Reconstruction" in paragraphs (3) and (4)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from the head of the local government set forth in said paragraph.
(3)Where the Minister of Land, Infrastructure, Transport and Tourism carries out the River Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise authority in lieu of the head of the local government set forth in said paragraph, pursuant to the provisions of Cabinet Order.
(4)The expenses for carrying out River Work for Reconstruction that the Minister of Land, Infrastructure, Transport and Tourism carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, the local government set forth in said paragraph is to bear the amount that remains after deducting from the amount of said expenses an amount equivalent to that of the contribution or subsidy that the national government grants to said local government when the head of the local government personally carries out said River Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(5)The Minister of Land, Infrastructure, Transport and Tourism who exercises authority in lieu of the River Administrator (meaning the River Administrator prescribed in Article 7 of the River Act (including cases applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act); hereinafter the same applies in this paragraph) of Class B Rivers and other rivers designated by municipal mayors for which the provisions on Class B Rivers apply mutatis mutandis, pursuant to the provisions of paragraph (3), is deemed to be the River Administrator, with regard to the application of the provisions of Chapter VII of the same Act (including cases applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act).
(Special Provisions for the Act on Prevention of Disasters Caused by Steep Slope Collapses)
Article 16(1)The Minister of Land, Infrastructure, Transport and Tourism may personally carry out Steep Slope Failure Prevention Work as prescribed in Article 2, paragraph (3) of the Act on Prevention of Disasters Caused by Steep Slope Collapses (Act No. 57 of 1969) that is to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (such work excludes that pertaining to the projects set forth in the items of Article 11, paragraph (1) of the Act on Earthquake Disaster Recovery Work Taken over by the State, etc.), and which the Prime Minister has designated, after obtaining the consent of the Minister of Land, Infrastructure, Transport and Tourism, as work especially necessary for the reconstruction and revitalization of the Zones where Evacuation Orders have been Lifted or are to be Lifted, in light of the system for carrying out said Steep Slope Failure Prevention Work available in Fukushima prefecture and other circumstances affecting the region (such work is referred to as "Steep Slope Failure Prevention Work for Reconstruction" in paragraphs (3) to (5)).
(2)The designation pursuant to the provisions of the preceding paragraph is to be made based on a request from Fukushima prefecture.
(3)Where the Minister of Land, Infrastructure, Transport and Tourism carries out Steep Slope Failure Prevention Work for Reconstruction pursuant to the provisions of paragraph (1), said minister is to exercise the authority in lieu of the Governor of Fukushima Prefecture, pursuant to the provisions of Cabinet Order.
(4)The provisions of Article 13, paragraph (2) of the Act on Prevention of Disasters Caused by Steep Slope Collapses do not apply to cases where the Minister of Land, Infrastructure, Transport and Tourism carries out the Steep Slope Failure Prevention Work for Reconstruction pursuant to the provisions of paragraph (1).
(5)The expenses for carrying out Steep Slope Failure Prevention Work for Reconstruction that the Minister of Land, Infrastructure, Transport and Tourism carries out pursuant to the provisions of paragraph (1) are borne by the national government.In this case, Fukushima prefecture is to bear the amount that remains after deducting from the amount of said expenses an amount equivalent to that of the subsidy that the national government grants to Fukushima prefecture when the prefecture itself carries out said Steep Slope Failure Prevention Work for Reconstruction, pursuant to the provisions of Cabinet Order.
(6)The Minister of Land, Infrastructure, Transport and Tourism who exercises authority in lieu of the Governor of Fukushima Prefecture pursuant to the provisions of paragraph (3) is deemed to be the Governor of Fukushima Prefecture, with regard to the application of the provisions of Chapter V of the Act on Prevention of Disasters Caused by Steep Slope Collapses.
(Living Environment Improvement Projects)
Article 17(1)The Prime Minister may carry out Living Environment Improvement Projects (meaning projects to clean public facilities or public utilities necessary for the improvement of residents' Living Environment in Zones where Evacuation Orders have been Lifted or are to be Lifted or to otherwise aim to restore the function of said facilities, which are specified by Order of the Reconstruction Agency) that are to be carried out based on the Plan for Reconstruction and Revitalization of Zones where Evacuation Orders have been Lifted or are to be Lifted (limited to the part pertaining to the particulars set forth in Article 7, paragraph (2), item (v)) based on a request from the person who manages said facilities, as specified by Order of the Reconstruction Agency.
(2)The expenses for carrying out Living Environment Improvement Projects that the Prime Minister carries out pursuant to the provisions of the preceding paragraph are borne by the national government.
Section 2 Special Provisions on Taxation
Article 18Where a sole proprietor or a corporation has newly established or expanded facilities or equipment to be used for a project in a Zone where Evacuation Orders have been Lifted (limited to an sole proprietorship or corporation where it has been confirmed by the Governor of Fukushima Prefecture that said person had a place of business in a zone subject to Evacuation Orders as of March 11, 2011, as specified by Order of the Reconstruction Agency), special provisions for taxation are applied to machines, devices, buildings and equipment attached thereto, as well as to structures that said person has newly acquired, manufactured or constructed upon newly establishing or expanding said facilities or equipment, as specified by the Act on Temporary Special Provisions of Acts Related to National Tax, in Relation to Victims, etc. of the Great East Japan Earthquake (Act No. 29 of 2011; referred to as the "Act on Special Measures Concerning Earthquake Disaster" in the following Article).
Article 19Where a sole proprietorship or a corporation (limited to a sole proprietorship or corporation where it has been confirmed by the Governor of Fukushima Prefecture that said person had a place of business in a zone subject to Evacuation Orders as of March 11, 2011, as specified by Order of the Reconstruction Agency) employs a worker, who is a victim of the Nuclear Disaster, at a place of business located in a Zone where Evacuation Orders have been Lifted, special provisions for taxation are applied to income tax and corporation tax to be imposed on said sole proprietorship or corporation, as specified by the Act on Special Measures Concerning Earthquake Disaster.
Section 3 Special Provisions, etc. for the Act on Public Housing
(Special Provisions on Government Subsidy for Public Housing)
Article 20(1)Where a Business Entity prescribed in Article 2, item (xvi) of the Act on Public Housing (Act No. 193 of 1951) (referred to as a "Business Entity" in the following paragraph and Article 22, paragraph (2)) develops Public Housing prescribed in Article 2, item (vii) of the same Act for the purpose of leasing or subleasing said Public Housing to persons who resided in houses located in Zones under Evacuation Orders (meaning the zones being subject to Evacuation Orders that fall under either of the orders set forth in Article 4, item (iv) (a) or (b); the same applies hereinafter) as of March 11, 2011 (hereinafter such persons are referred to as "Persons Subject to Residence Restrictions"), the provisions set forth in the left-hand column of the following table applies by replacing the terms therein as set forth in the middle column of said table with the terms set forth in the right-hand column of said table, respectively, and the provisions of the proviso to Article 8, paragraph (1), the proviso to Article 17, paragraph (3) of the same Act, and the proviso to Article 22, paragraph (1) of the Act on Special Financial Support to Deal with the Designated Disaster of Extreme Severity (Act No. 150 of 1962; hereinafter referred to as the "Act on Disaster of Extreme Severity" in this Article and Article 22) do not apply.
Article 8, paragraph (1) of the Act on Public Housing
low income persons who had resided in houses lost due to a disaster in the case falling under either of the following items
low income persons who are Persons Subject to Residence Restrictions (meaning the Persons Subject to Residence Restrictions prescribed in Article 20, paragraph (1) of the Act on Special Measures for Fukushima Reconstruction and Revitalization (Act No. 25 of 2012); the same shall apply in Article 17, paragraph (3)), as of the day on which said Business Entity submits a written application for the subsidy prescribed in Article 11, paragraph (1)
Article 17, paragraph (3) of the Act on Public Housing
to low income persons who had resided in houses that were located in the area specified by Cabinet Order as prescribed in said paragraph and were lost due to a disaster of extreme severity, as of the time of said disaster,
to low income persons who are Persons Subject to Residence Restrictions
Article 22, paragraph (1) of the Act on Disaster of Extreme Severity
to persons who had resided in houses that were located in the area that was hit by a disaster of extreme severity and is specified by Cabinet Order, as of the time of said disaster,
to persons who are Persons Subject to Residence Restrictions prescribed in Article 20, paragraph (1) of the Act on Special Measures for Fukushima Reconstruction and Revitalization (Act No. 25 of 2012), as of the day on which the local government submits a written application for the subsidy as prescribed in Article 11, paragrpah (1) of the Act on Public Housing
(2)Those moving into Public Housing (meaning the Public Housing prescribed in Article 2, item (ii) of the Act on Public Housing; the same applies hereinafter) for which the national government grants a subsidy pursuant to the provisions of Article 8, paragraph (1) of the Act on Public Housing or Article 22, paragraph (1) of the Act on Disaster of Extreme Severity in which the terms are replaced pursuant to the provisions of the preceding paragraph, or into Public Housing that a Business Entity has rented for the purpose of subleasing it to Persons Subject to Residence Restrictions must be Persons Subject to Residence Restrictions, up until March 10, 2014.
(Special Provisions on Eligibility to Move into Public Housing and Improved Houses)
Article 21Regarding Persons Subject to Residence Restrictions, those meeting the conditions set forth in Article 23, item (ii) of the Act on Public Housing (including cases applied mutatis mutandis pursuant to Article 29, paragraph (1) of the Residential Areas Improvement Act (Act No. 84 of 1960)) are deemed to be those meeting the conditions set forth in the items of Article 23 of the Act on Public Housing (including cases applied mutatis mutandis pursuant to Article 29, paragraph (1) of the Residential Areas Improvement Act).
(Special Provisions on Disposition of Public Housing, etc. for Persons Subject to Residence Restrictions)
Article 22(1)With regard to the application of the provisions of Article 44, paragraphs (1) and (2) of the Act on Public Housing and paragraph (15) of the Supplementary Provisions of the same Act to Public Housing (including Common Facilities as prescribed in Article 2, item (ix) of the Act on Public Housing (referred to as "Common Facilities" in the following paragraph) pertaining to said Public Housing) that has been constructed or purchased, for the purpose of leasing it to Persons Subject to Residence Restrictions, with a government subsidy pursuant to the provisions of Article 8, paragraph (1) of the Act on Public Housing or Article 22, paragraph (1) of the Act on Disaster of Extreme Severity in which the terms are replaced pursuant to the provisions of Article 20, paragraph (1), or with Reconstruction Grants as prescribed in Article 78, paragraph (3) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake (referred to as "Reconstruction Grants" in the following paragraph and Article 67, paragraph (1)), the term "one-fourth" in Article 44, paragraph (1) of the Act on Public Housing is deemed to be replaced with "one-sixth"; the term "the expenses required for the development of public housing, the development of common facilities, or their repair or renovation" in paragraph (2) of said Article is deemed to be replaced with "the expenses required for the development of public housing, the development of common facilities, or their repair or renovation, or the expenses required for carrying out projects or affairs based on a regional housing plan as set forth in Article 6 of the Act on Special Measures concerning Development of Public Rental Housing, etc. to Accommodate Various Demands of Communities (Act No. 79 of 2005)"; and the term "in cases where one-fourth of its lifetime has elapsed" in paragraph (15) of the Supplementary Provisions of the same Act is deemed to be replaced with "when there are any special circumstances in cases where one-sixth of its lifetime has elapsed, or in cases where one-fourth of its lifetime has elapsed."
(2)With regard to Public Housing (including Common Facilities pertaining to said Public Housing) that the Business Entity has constructed or purchased, for the purpose of leasing it to Persons Subject to Residence Restrictions, with a government subsidy pursuant to the provisions of Article 8, paragraph (1) of the Act on Public Housing or Article 22, paragraph (1) of the Act on Disaster of Extreme Severity in which the terms are replaced pursuant to the provisions of Article 20, paragraph (1), or with Reconstruction Grants, or it has rented for the purpose of subleasing it to Persons Subject to Residence Restrictions, when the Business Entity finds that it is not necessary to continue managing said Public Housing, in light of the housing conditions in the zone of the local government, it may discontinue the use of said Public Housing, notwithstanding the provisions of Article 44, paragraph (3) of the Act on Public Housing.In this case, said Business Entity must make a report to that effect to the Minister of Land, Infrastructure, Transport and Tourism, within 30 days from the date on which it discontinued the use of said Public Housing.
(Special Provisions for the Act on the Urban Renaissance Agency, IAA)
Article 23The Urban Renaissance Agency, IAA may perform the services set forth in the items of Article 11, paragraph (3) of the Act on the Urban Renaissance Agency, IAA (Act No. 100 of 2003) (limited to services pertaining to the provision of houses and housing sites to Persons Subject to Residence Restrictions) in Fukushima, based on consignment by local governments in Fukushima, in addition to the services prescribed in Article 11, paragraph (1) of the same Act.
(Loans Provided by the Japan Housing Finance Agency, IAA)
Article 24The Japan Housing Finance Agency, IAA may lend the funds necessary for the construction or purchase of a Substitute Building in Response to the Nuclear Disaster (meaning, when a House (meaning the House prescribed in Article 2, paragraph (1) of the Act on the Japan Housing Finance Agency, IAA (Act No. 82 of 2005)) or a building mainly consisting of Residential Space (meaning Residential Space (excluding storage areas) as prescribed in Article 2, paragraph (1) of the same Act) is located in a Zone under Evacuation Orders, a building or a part of a building substituting for such building or a part of such building) (such funds include the those necessary for acts that accompany the construction or purchase of said Substitute Building in Response to the Nuclear Disaster and which are specified by Cabinet Order), in addition to performing the services prescribed in Article 13, paragraph (1) of the same Act.
(Council for Stabilization of Housing)
Article 25(1)Fukushima prefecture and municipalities that contain Zones under Evacuation Orders (hereinafter referred to as "Fukushima Prefecture, etc." in this paragraph) may organize a Council for Stabilization of Housing (hereinafter referred to as the "Council" in this Article) for the purpose of holding deliberations on the provision of Public Housing to be leased to persons who have been forced to evacuate or change their address due to effects of the Nuclear Disaster (hereinafter referred to as "Evacuees" in this paragraph) or on other measures necessary for ensuring stable housing for Evacuees.In this case, when Fukushima Prefecture, etc. finds it necessary, it may add persons from regions other than Fukushima Prefecture, etc., who take measures necessary for ensuring stable housing for Evacuees as members of the Council.
(2)When the Council finds it necessary, it may ask the head(s) of national administrative organ(s), the head(s) of the local government(s), or other executive agencies to provide data, present opinions, make explanations, or offer any other necessary cooperation.
(3)Members of the Council must respect the results of the deliberations with regard to the particulars for which an agreement has been reached in the Council.
(4)In addition to what is prescribed in the preceding three paragraphs, the particulars necessary for the running of the Council are to be determined by the Council.
Chapter IV Measures for Eliminating Health Concerns due to Radiation and for Creating a Living Environment where People can Live with Peace of Mind
(Implementation of Health Management Surveys)
Article 26Based on the Basic Guidelines for Reconstruction and Revitalization of Fukushima, Fukushima prefecture may conduct Health Management Surveys (meaning surveys to estimate radiation exposure, conduct health checkups on thyroid cancer in children, and otherwise manage residents' health care effectively; the same applies hereinafter), covering persons who had addresses in Fukushima as of March 11, 2011 and others equivalent thereto.
(Provision of Records Concerning Specified Health Checkups, etc.)
Article 27The Insurer (meaning the Insurer prescribed in Article 7, paragraph (2) of the Act on Assurance of Medical Care for Elderly People (Act No. 80 of 1982)) that persons covered by the Health Management Survey use or the Association of Medical Care Services for Older Senior Citizens (meaning the Association of Medical Care Services for Older Senior Citizens prescribed in Article 48 of the same Act) must provide a copy of the records concerning Specified Health Checkups (meaning the Specified Health Checkups prescribed in Article 18, paragraph (1) of the same Act) or other Health Checkups (meaning the Health Checkups prescribed in Article 125, paragraph (1) of the same Act) pertaining to said persons covered by the survey that said Insurer or the Association of Medical Care Services for Older Senior Citizens keeps, where the consent of said persons covered by the survey has been obtained and when there has been a request from Fukushima prefecture, as specified by the Rules of the Nuclear Regulation Authority.
(Measures Necessary for Carrying out Health Management Surveys)
Article 28The national government is to provide Fukushima prefecture with technical advice and information or otherwise take the measures necessary for carrying out Health Management Surveys.
(Support for Policies for Promoting Health, etc.)
Article 29The national government is to take necessary financial or other measures for the purpose of supporting the evaluation of radiation exposure of residents carried out by local governments in Fukushima by using equipment for measuring radiation doses or other Initiatives with the aim of promoting residents' health and eliminating health concerns.
(Support for Carrying out Measurement of Concentration of Radioactivity in Agricultural, Forest and Fisheries Products, etc.)
Article 30The national government is to take measures necessary for the purpose of supporting the measurement and evaluation of the concentration of radioactivity and radiation doses carried out by local governments and enterprises in Fukushima with regard to agricultural, forest and fisheries products produced or processed in Fukushima and industrial products manufactured in Fukushima.
(Prompt Implementation, etc. of Decontamination Work and Other Measures)
Article 31(1)In order to realize the steady reconstruction of Fukushima, the national government is to, in collaboration with local governments in Fukushima, carry out Decontamination Work and Other Measures promptly (meaning the Decontamination Work and Other Measures prescribed in Article 25, paragraph (1) of the Act on Special Measures concerning the Handling of Environmental Pollution by Radioactive Materials Discharged by the Nuclear Power Plant Accident Accompanying the Earthquake that Occurred off the Pacific Coast of the Tohoku Region on March 11, 2011 (Act No. 110 of 2011); the same applies in paragraph (3) and Article 33).
(2)When carrying out the Decontamination Work and Other Measures set forth in the preceding paragraph, the national government is to give due consideration so as to ensure that residents of Fukushima are employed in carrying out such work and measures.
(3)The national government is to, in collaboration with local governments in Fukushima, take necessary measures so that the waste generated as a result of the Decontamination Work and Other Measures is properly disposed of, while utilizing heat recovery or otherwise utilizing said waste in a cyclical manner.
(Measures for Children and Students, etc. for the Purpose of Eliminating Health Concerns due to Radiation)
Article 32In order to eliminate health concerns due to radiation regarding children and students, etc. enrolled in schools and child welfare facilities in Fukushima, the national government is to, in collaboration with local governments in Fukushima, take the necessary measures with regard to the sites and buildings of said schools and child welfare facilities, as well as school routes and the surrounding areas, and offer support for the examination of school lunches or take other measures as required
(Promotion, etc. of Research and Development Concerning Effects of Radiation on Human Bodies)
Article 33The national government is to, in collaboration with local governments in Fukushima, promote research and the development of technology concerning the effects of radiation on human bodies and Decontamination Work and Other Measures, based on the domestic and international knowledge thereon available at present, and at the same time the national government is to develop facilities and equipment for carrying out research and the development of technology, facilitate collaboration among domestic and foreign researchers, help with invitations to international conferences, or take other measures as necessary in Fukushima.
(Improvement of Public Understanding)
Article 34In order to eliminate health concerns originating from worries over contamination by radioactive materials discharged due to the Nuclear Power Plant Accident, the national government is to carry out PR activities and educational activities or take other measures necessary for increasing public understanding of radiation, such as the effects of low dose exposure to radiation on human bodies.
(Policies for Ensuring Opportunities to Receive Education)
Article 35The national government is to implement the necessary policies for supporting Initiatives made by local governments or other persons in Fukushima to develop school facilities, allocate teachers and school staff, assist with school attendance, promote activities for experiencing nature, and other Initiatives, so that children and students, etc. in Fukushima will not be deprived of the opportunity to receive an education due to the damage following the Nuclear Disaster.
(Policies for Ensuring Medical and Welfare Services)
Article 36In order to ensure that the damage following the Nuclear Disaster will not hinder the provision of medical services and childcare, nursing care and other welfare services in Fukushima, the national government is to implement the necessary policies for supporting Initiatives made by local governments in Fukushima to develop a system for providing these services or other Initiatives they are making.
(Other Measures for Creating a Living Environment where People can Live with Peace of Mind)
Article 37In addition to what is prescribed in Article 28 to the preceding paragraph, the national government is to take necessary financial or other measures for the purpose of eliminating health concerns due to radiation and otherwise creating a Living Environment where people can live with Peace of Mind, in Fukushima.
Chapter V Special Measures for Reconstruction and Revitalization of Industry Following the Nuclear Disaster
Section 1 Plans for the Reconstruction and Revitalization of Industry and Measures Based Thereon
(Approval of Plans for the Reconstruction and Revitalization of Industry)
Article 38(1)In line with the Basic Guidelines for Reconstruction and Revitalization of Fukushima, the Governor of Fukushima Prefecture may prepare a plan for facilitating the reconstruction and revitalization of industry damaged as a result of the Nuclear Disaster (hereinafter referred to as a "Plan for the Reconstruction and Revitalization of Industry"), as specified by Order of the Reconstruction Agency, and may apply for the approval of the Prime Minister.
(2)Plans for the Reconstruction and Revitalization of Industry provide for the following:
(i)The goals of the Plans for Reconstruction and Revitalization of Industry;
(ii)The details of Initiatives to be promoted for achieving the goals set forth in the preceding item;
(iii)The details of Projects for the Reconstruction and Revitalization of Industry (meaning the following projects, eligible for special measures on regulations pursuant to the provisions of Articles 40 to 50; the same applies hereinafter) to be carried out or promoted for achieving the goals set forth in item (i), and the particulars concerning the responsible entities:
(a)Projects for Fostering, etc. Fukushima Special Licensed Guide Interpreters (meaning projects to foster, ensure, and utilize Fukushima Special Licensed Guide Interpreters (meaning the Fukushima Special Licensed Guide Interpreters prescribed in Article 40, paragraph (2)));
(b)Projects for Creating a Demand for Goods, etc. (meaning projects for creating a demand for goods or services that use or are expected to use a trademark which includes the name of a region in Fukushima or an abbreviation thereof, thereby contributing to increasing the attractiveness of regions in Fukushima);
(c)Projects for Breeding New Varieties of Plants (meaning projects for breeding new varieties of plants (limited to the seeds or seedlings of said new varieties of plants, or what Fukushima can be expected to produce through harvests which can be generated through the use of seeds or seedlings of said new varieties of plants), thereby contributing to increasing the appeal of regions of Fukushima);
(d)Projects for Developing Geothermal Resources (projects for developing geothermal resources at regions in Fukushima where a considerable amount of geothermal resources exist or are likely to exist and where it is deemed necessary to intensively promote the development of geothermal resources);
(e)Projects for Improving Distribution Functionality (meaning projects to integrate distribution services by carrying out transportation, storage, cargo handling and distributive processing in an integrated manner, centering around Distribution Service Facilities (meaning truck terminals, wholesale markets, warehouses, or storage sheds; hereinafter the same applies in (e) and Article 48, paragraph (2)), or a project to rationalize distribution services by integrating the transportation network, jointly operating delivery, or otherwise streamlining transportation (including projects to develop Distribution Service Facilities used for said project), thereby contributing to improving distribution functions in Fukushima;
(f)Projects Pertaining to Regulations Prescribed by Cabinet Order, etc. (meaning projects that contribute to the reconstruction and revitalization of industry in Fukushima damaged due to the Nuclear Disaster, and that pertain to regulations as prescribed by Cabinet Order or Ordinance of the Competent Ministry);
(g)Projects Pertaining to Regulations Prescribed by Cabinet Order, etc. Concerning Affairs of the Local Government (meaning projects that contribute to the reconstruction and revitalization of industry in Fukushima damaged due to the Nuclear Disaster and that pertain to regulations as prescribed by Cabinet Order or Ordinance of the Competent Ministry (limited to regulations concerning the affairs of local governments in Fukushima));
(iv)The details of the special measures pursuant to the provisions of Articles 40 to 50 for each of the Projects for Reconstruction and Revitalization of Industry prescribed in the preceding item;
(v)In addition to the particulars set forth in the preceding items, the particulars necessary for facilitating the reconstruction and revitalization of industry in Fukushima damaged due to the Nuclear Disaster.
(3)The term "special measures on regulations" as used in the preceding paragraph means measures concerning special provisions of laws prescribed in Articles 40 to 48 on regulations specified by laws, and measures concerning special provisions of a Cabinet Order or Ordinance of the Competent Ministry (hereinafter referred to as "Cabinet Order, etc." in this paragraph) specified by Cabinet Order or Order of the Reconstruction Agency (including public notices) or Ordinance of the Competent Ministry prescribed in Article 49 (Ordinance of the Competent Ministry in cases of the regulations prescribed in the proviso to Article 72; referred to as "Order of the Reconstruction Agency or Ordinance of the Competent Ministry" in Articles 49 and 50) or specified by Prefectural or Municipal Ordinance prescribed in Article 50, with regard to regulations specified by Cabinet Order, etc., including measures that Fukushima prefecture needs to take or promote together with the measures mentioned above for their implementation, when such measures are applied, in light of the purport of the relevant regulations.
(4)When the Governor of Fukushima Prefecture intends to prepare a Plan for Reconstruction and Revitalization of Industry, said governor must hear the opinions of the mayors of the relevant municipalities and Responsible Entities prescribed in paragraph (2), item (iii) (hereinafter referred to as the "Responsible Entities" except in Articles 44 and 47).
(5)The following persons may make a proposal to the Governor of Fukushima Prefecture for filing an application pursuant to the provisions of paragraph (1) (hereinafter referred to as an "Application" in this Section):
(i)A person who is going to carry out a Project for Reconstruction and Revitalization of Industry;
(ii)In addition to a person as set forth in the preceding item, a person who has a close interest in the implementation of a Project for Reconstruction and Revitalization of Industry pertaining to said proposal.
(6)The Governor of Fukushima Prefecture who has received a proposal as set forth in the preceding paragraph must notify the person who has made the proposal whether or not to file an Application based on said proposal, without delay.In this case, when the Governor of Fukushima Prefecture has decided not to file an Application, said governor must clarify the reason therefor.
(7)An Application must be filed together with a document including the following:
(i)The outline of the opinions of the mayors of the relevant municipalities and Responsible Entities collected pursuant to the provisions of paragraph (4);
(ii)When filing an Application based on a proposal as set forth in paragraph (5), the outline of said proposal.
(8)When filing an Application, the Governor of Fukushima Prefecture may ask the head(s) of the relevant administrative organ(s) (when such administrative organ is a council organization, said administrative organ; the same applies hereinafter) for confirmation on the interpretation of the provisions of laws and orders (including public notices) based on laws that specify regulations on the Project for Reconstruction and Revitalization of Industry and other projects related thereto pertaining to said Application.In this case, the head(s) of the relevant administrative organ(s), who has/have thus been asked for confirmation must respond to the Governor of Fukushima Prefecture promptly.
(9)When the Prime Minister finds that the Plan for Reconstruction and Revitalization of Industry for which an Application has been filed conforms to the following criteria, the Prime Minister is to grant approval thereof:
(i)The plan conforms to the Basic Guidelines for Reconstruction and Revitalization of Fukushima;
(ii)The implementation of the Plan for Reconstruction and Revitalization of Industry is deemed to contribute to the facilitation of the reconstruction and revitalization of Fukushima following the Nuclear Disaster;
(iii)It is deemed that the plan will be implemented smoothly and steadily.
(10)When the Prime Minister intends to grant approval as set forth in the preceding paragraph, said Prime Minister must obtain the consent of the head(s) of the relevant administrative organ(s) pertaining to the Projects for Reconstruction and Revitalization of Industry provided for in the Plan for Reconstruction and Revitalization of Industry, with regard to the particulars concerning said Projects for Reconstruction and Revitalization of Industry.
(11)When the Prime Minister has granted approval as set forth in paragraph (9), said Prime Minister must make this public without delay.
Article 39(1)The provisions of Articles 5 to 11 (excluding paragraph (7) of said Article) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake apply mutatis mutandis to the Plan for Reconstruction and Revitalization of Industry.In this case, the term "Approval" in Article 5 of the same Act is deemed to be replaced with "approval set forth in Article 38, paragraph (9) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "paragraph (10) of the preceding Article" in paragraph (2) of said Article is deemed to be replaced with "Article 38, paragraph (10) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "A Specified Local Government that has been granted Approval" in Article 6, paragraph (1) of the same Act is deemed to be replaced with "The Governor of Fukushima Prefecture"; in Article 7, paragraph (1) of the same Act, the term "a Specified Local Government" is deemed to be replaced with "the Governor of Fukushima Prefecture" and the term "(hereinafter such local government shall be referred to as an 'Approved Local Government')" is deemed to be deleted; the terms "an Approved Local Government" in paragraph (2) of said Article, Article 10, paragraphs (1) and (3) of the same Act, "the relevant Approved Local Government" in Article 8 of the same Act, "Approved Local Governments" in the title of Article 10 of the same Act, "A Specified Local Government (limited to that organizing a Regional Council) or an Approved Local Government that intends to file an Application (hereinafter referred to as an 'Approved Local Government, etc.' in this Article and the following Article)" in Article 11, paragraph (1) of the same Act, "an Approved Local Government, etc." and "the Approved Local Government, etc." in paragraphs (2), (3) and (8) of said Article, and "the Approved Local Government, etc. that has presented said Proposal" in paragraph (6) of said Article are deemed to be replaced with "the Governor of Fukushima Prefecture"; the term "having been approved" in Article 6, paragraph (1) of the same Act is deemed to be replaced with "that has obtained the approval set forth in Article 38, paragraph (9) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Article 4, paragraphs (3) to (11)" in paragraph (2) of said Article is deemed to be replaced with "Article 38, paragraphs (4) to (11) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Article 4, paragraph (9)" in Article 7, paragraph (1) of the same Act is deemed to be replaced with "Article 38, paragraph (9) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Reconstruction Promotion Projects" in paragraph (2) of said Article is deemed to be replaced with "Projects for Reconstruction and Revitalization of Industry prescribed in Article 38, paragraph (2), item (iii) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (hereinafter referred to as 'Projects for Reconstruction and Revitalization of Industry') that are"; the term "Reconstruction Promotion Projects" in Article 8, paragraph (2), Article 10, paragraph (2), and Article 11, paragraphs (1) and (8) of the same Act is deemed to be replaced with "Projects for Reconstruction and Revitalization of Industry"; the term "the items of Article 4, paragraph (9)" in Article 9, paragraph (1) of the same Act is deemed to be replaced with "the items of Article 38, paragraph (9) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Article 4, paragraph (11)" in paragraph (3) of said Article is deemed to be replaced with "Article 38, paragraph (11) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Written Special Opinions on Reconstruction" in the title of Article 11 of the same Act and in paragraph (8) of said Article is deemed to be replaced with "Written Special Opinions on Reconstruction and Revitalization of Fukushima"; the term "paragraph (8), and paragraph (1) of the following Article" in paragraph (1) of said Article is deemed to be replaced with "and paragraph (8)"; the terms "the zone under the Reconstruction Promotion Plan pertaining to said Application" in said paragraph and paragraph (8) of said Article and "the zone under the Reconstruction Promotion Plan" in paragraph (2) of said Article are deemed to be replaced with "the territory of Fukushima prefecture"; the term "Basic Guidelines for Special Zones for Reconstruction" in paragraph (4) of said Article is deemed to be replaced with "Basic Guidelines for Reconstruction and Revitalization of Fukushima prescribed in Article 5, paragraph (1) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Basic Guidelines for Special Zones for Reconstruction" in paragraph (5) of said Article is deemed to be replaced with "Basic Guidelines for Reconstruction and Revitalization of Fukushima set forth in said paragraph"; the term "the reason therefor" in paragraph (6) of said Article is deemed to be replaced with "the reason therefor, and shall make a report to the Diet in an appropriate manner, without delay"; and in paragraph (9) of said Article, the term "Written Special Opinions on Reconstruction have been submitted to the Diet" is deemed to be replaced with "a report by the Prime Minister has been made or Written Special Opinions on Reconstruction and Revitalization of Fukushima have been submitted to the Diet pursuant to the provisions of paragraph (6)" and the term "said Written Special Opinions on Reconstruction" is deemed to be replaced with "said report or Written Special Opinions on Reconstruction and Revitalization of Fukushima."
(2)If the Governor of Fukushima Prefecture intends to make a proposal as set forth in Article 11, paragraph (1) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake as applied mutatis mutandis pursuant to the preceding paragraph and to submit a written opinion as set forth in paragraph (8) of said Article, said governor must hear the opinions of the mayors of the relevant municipalities in advance.
(Special Provisions for the Licensed Guide Interpreters Act)
Article 40(1)When the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister (meaning the approval set forth in Article 38, paragraph (9) and including approval of the amendments set forth in Article 6, paragraph (1) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake applied mutatis mutandis pursuant to paragraph (1) of the preceding Article; hereinafter the same applies in this Section), with regard to the Plan for Reconstruction and Revitalization of Industry that provides for a Project for Fostering, etc. Fukushima Special Licensed Guide Interpreters as prescribed in Article 38, paragraph (2), item (iii), (a), the provisions of the following paragraph to paragraph (13) apply to Fukushima Special Licensed Guide Interpreters pertaining to said Project for Fostering, etc. Fukushima Special Licensed Guide Interpreters, on or after the date said approval has been granted.
(2)Fukushima Special Licensed Guide Interpreters engage in Licensed Guide Interpreter Services (meaning the Licensed Guide Interpreter Services prescribed in Article 2 of the Licensed Guide Interpreters Act (Act No. 210 of 1949); the same applies in paragraphs (4) and (6)), by receiving remuneration, on a regular basis, in Fukushima.
(3)The provisions of the Licensed Guide Interpreters Act do not apply to Fukushima Special Licensed Guide Interpreters.
(4)A person who has finished Licensed Guide Interpreter Services training that the Governor of Fukushima Prefecture provides based on the Plan for Reconstruction and Revitalization of Industry approved under paragraph (1) will have a qualification in order to become a Fukushima Special Licensed Guide Interpreter in Fukushima.
(5)A person who falls under any of the following items does not be eligible to be a Fukushima Special Licensed Guide Interpreter:
(i)A person who has been punished by a sentence of imprisonment with or without required labor for not less than one year, and two years have not elapsed from the date the execution of the sentence was completed, or the date on which the sentence can no longer be executed
(ii)A person who has been prohibited from running a business pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act applied mutatis mutandis pursuant to paragraph (8), and two years have not elapsed from the date said disposition was made;
(iii)A person who has been prohibited from engaging in Licensed Guide Interpreter Services pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act, and two years have not elapsed from the date said disposition was made;
(iv)A person who has been prohibited from engaging in services as a limited-area licensed guide interpreter pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act applied mutatis mutandis pursuant to Article 24, paragraph (3) of the Act on Promotion of Inbound Tourism through Enhancing Travel Convenience for Foreign Tourists (Act No. 91 of 1997), and two years have not elapsed from the date said disposition was made;
(v)A person who has been prohibited from engaging in services as an Okinawa Special Licensed Guide Interpreter pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act applied mutatis mutandis pursuant to Article 14, paragraph (8) of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 14 of 2002), and two years have not elapsed from the date said disposition was made;
(vi)A person who has been prohibited from engaging in services as a licensed guide interpreter for international strategic comprehensive special zones pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act applied mutatis mutandis pursuant to Article 20, paragraph (9) of the Act on Comprehensive Special Zones (Act No. 81 of 2011), and two years have not elapsed from the date said disposition was made;
(vii)A person who has been prohibited from engaging in services as a licensed guide interpreter for comprehensive special zones for local revitalization pursuant to the provisions of Article 33, paragraph (1) of the Licensed Guide Interpreters Act applied mutatis mutandis pursuant to Article 43, paragraph (9) of the Act on Comprehensive Special Zones, and two years have not elapsed from the date said disposition was made.
(6)Fukushima Special Licensed Guide Interpreters must not engage in Licensed Guide Interpreter Services for remuneration in areas outside of Fukushima.
(7)The provisions of Chapter III of the Licensed Guide Interpreters Act apply mutatis mutandis to the registration of Fukushima Special Licensed Guide Interpreters.In this case, the term "Registry of Licensed Guide Interpreters" in Article 18, Article 19 (including the title), and Article 27 (including the title) of the same Act is deemed to be replaced with "Registry of Fukushima Special Licensed Guide Interpreters"; the term "prefectures" in Article 19 of the same Act is deemed to be replaced with "Fukushima prefecture"; the term "Article 18" in Article 20, paragraph (1) and Article 22 of the same Act is deemed to be replaced with "Article 18 as applied mutatis mutandis pursuant to Article 40, paragraph (7) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "the prefectural governor" in Article 20, paragraph (1), Articles 21 and 22, Article 23, paragraph (1), and Articles 24 to 27 of the same Act is deemed to be replaced with "the Governor of Fukushima Prefecture"; the term "Registration Certificate of a Licensed Guide Interpreter" in Article 22 (including the title) of the same Act is deemed to be replaced with "Registration Certificate of a Fukushima Special Licensed Guide Interpreter"; the term "the items of Article 4" in Article 25, paragraph (1), item (iii) of the same Act is deemed to be replaced with "the items of Article 40, paragraph (5) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; and the term "Article 21, paragraph (1)" in Article 26 of the same Act is deemed to be replaced with "Article 21, paragraph (1) as applied mutatis mutandis pursuant to Article 40, paragraph (7) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima."
(8)The provisions of Chapter IV of the Licensed Guide Interpreters Act apply mutatis mutandis to the services of Fukushima Special Licensed Guide Interpreters.In this case, the term "Article 35, paragraph (1)" in Article 32, paragraph (1) of the same Act is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 40, paragraph (9) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "the prefectural governor" in paragraph (2) of said Article, Article 33, paragraphs (1) and (2), and Article 34 of the same Act is deemed to be replaced with "the Governor of Fukushima Prefecture"; and the term "this Act or orders based thereon" in Article 33, paragraph (1) of the same Act is deemed to be replaced with "the Act on Special Measures for the Reconstruction and Revitalization of Fukushima or orders based thereon."
(9)The provisions of Article 35 of the Licensed Guide Interpreters Act apply mutatis mutandis to organizations of Fukushima Special Licensed Guide Interpreters.In this case, the term "the Commissioner of the Japan Tourism Agency" in paragraphs (1) and (3) of said Article is deemed to be replaced with "the Governor of Fukushima Prefecture."
(10)A person who falls under any of the following items is punished by a fine of not more than 500,000 yen:
(i)A person who has violated the provisions of paragraph (6);
(ii)A person who has been registered as a Fukushima Special Licensed Guide Interpreter through deception or other wrongful means;
(iii)A person who has violated a disposition of suspension of services under Article 33, paragraph (1) of the Licensed Guide Interpreters Act as applied mutatis mutandis pursuant to paragraph (8).
(11)A person who falls under either of the following items is punished by a fine of not more than 300,000 yen:
(i)A person who has violated the provisions of Article 30 of the Licensed Guide Interpreters Act as applied mutatis mutandis pursuant to paragraph (8);
(ii)A person who has failed to make a report or has made a false report in violation of Article 34 of the Licensed Guide Interpreters Act as applied mutatis mutandis pursuant to paragraph (8).
(12)When an organization set forth in Article 35, paragraph (1) of the Licensed Guide Interpreters Act as applied mutatis mutandis pursuant to paragraph (9) has failed to make a notification or has made a false notification in violation of said paragraph, the representative or supervisor of said organization is punished by a non-penal fine of not more than 300,000 yen.
(13)A person who has violated the provisions of Article 29, paragraph (1) or (2) of the Licensed Guide Interpreters Act as applied mutatis mutandis pursuant to paragraph (8) is punished by a non-penal fine of not more than 100,000 yen.
(Partial Revision: Act No. 13 of 2012 (Act No. 25 of 2012))
(Special Provisions for the Trademark Act)
Article 41(1)When the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister with regard to a Plan for Reconstruction and Revitalization of Industry that provides for Projects for Creating a Demand for Goods, etc. as prescribed in Article 38, paragraph (2), item (iii), (b) (hereinafter referred to as "Projects for Creating a Demand for Goods, etc." in this Article), the provisions of the following paragraph to paragraph (6) apply to said Projects for Creating a Demand for Goods, etc., only within the implementation period set forth in paragraph (7) that is included in said Plan for Reconstruction and Revitalization of Industry.
(2)With regard to the Trademark Registration of a Regionally based Collective Trademark (meaning the Trademark Registration of a Regionally based Collective Trademark prescribed in Article 7-2, paragraph (1) of the Trademark Act (Act No. 127 of 1959); hereinafter the same applies in this paragraph and the following paragraph) pertaining to goods or services relating to the Projects for Creating a Demand for Goods, etc. provided for in the Plan for Reconstruction and Revitalization of Industry that has been approved as set forth in the preceding paragraph, when a person who is to pay the registration fees set forth in Article 40, paragraph (1) or (2) or Article 41-2, paragraph (1) or (2) of the same Act is the Responsible Entity for said Projects for Creating a Demand for Goods, etc., the Commissioner of the Patent Office may grant said person a reduction of or exemption from the payment of said registration fees (limited to fees in cases of registering a regionally-based collective trademark within the implementation period set forth in the preceding paragraph, or in cases of filing an application for registration of renewal of the duration of trademark right for a regionally based collective trademark within said implementation period), pursuant to the provisions of Cabinet Order.In this case, with regard to the application of the provisions of Article 18, paragraph (2) and Article 23, paragraphs (1) and (2) of the same Act, the term "has been paid" in these provisions are deemed to be replaced with "has been paid or an exemption therefrom has been granted."
(3)With regard to the Trademark Registration of a Regionally based Collective Trademark pertaining to goods or services relating to Projects for Creating a Demand for Goods, etc. provided for in the Plan for Reconstruction and Revitalization of Industry that has been approved as set forth in paragraph (1), when a person who intends to register said regionally based collective trademark is the Responsible Entity for said Projects for Creating a Demand for Goods, etc., the Commissioner of the Patent Office may grant said person a reduction of or exemption from the payment of fees for filing an application for trademark registration that is to be paid pursuant to the provisions of Article 76, paragraph (2) of the Trademark Act (limited to the fees in the case of filing an application for trademark registration within the implementation period set forth in paragraph (1)), pursuant to the provisions of Cabinet Order.
(4)Where a trademark right is jointly owned by persons including those who are granted a reduction of or exemption from the payment of registration fees under paragraph (2) (hereinafter referred to as "a reduction or exemption" in this paragraph) and the portion of their respective shares of said trademark right has been agreed, the registration fees set forth in Article 40, paragraph (1) or (2) or Article 41-2, paragraph (1) or (2) of the Trademark Act are the amount obtained by totaling the amount of registration fees prescribed in these provisions for each of such co-owners (for those who are granted a reduction or exemption, the amount after said reduction or exemption) multiplied by the percentage of their respective share, notwithstanding the provisions of Article 40, paragraph (1) or (2) or Article 41-2, paragraph (1) or (2), and must be paid in that amount.
(5)When a right deriving from an application for trademark registration is jointly owned by persons including those who are granted a reduction of or exemption from the payment of fees for filing an application for trademark registration under paragraph (3) (hereinafter referred to as "a reduction or exemption" in this paragraph) and the portion of their respective shares of said right has been agreed, the fees for filing an application for trademark registration that is to be paid by such co-owners for their respective right deriving from the application for trademark registration pursuant to the provisions of Article 76, paragraph (2) of the Trademark Act are the amount obtained by totaling the amount of fees for filing the application for trademark registration prescribed in said paragraph for each of such co-owners (for those who are granted a reduction or exemption, the amount after said reduction or exemption) multiplied by the percentage of their respective share, notwithstanding the provisions said paragraph, and must be paid in that amount.
(6)Registration fees or fees for filing an application for trademark registration calculated pursuant to the provisions of the preceding two paragraphs are to be rounded down to the nearest ten yen.
(7)The Plan for Reconstruction and Revitalization of Industry as set forth in paragraph (1) is to provide for the goals and implementation period for each of the Projects for Creating a Demand for Goods, etc., as regarding the particulars set forth in Article 38, paragraph (2), item (iii).
(Special Provisions for the Plant Variety Protection and Seed Act)
Article 42(1)When the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister with regard to the Plan for Reconstruction and Revitalization of Industry that provides for Projects for Breeding New Varieties of Plants as prescribed in Article 38, paragraph (2), item (iii), (c) (hereinafter referred to as "Projects for Breeding New Varieties of Plants" in this Article), the provisions of the following paragraph and paragraph (3) apply to said Projects for Breeding New Varieties of Plants on and after the date said approval has been granted.
(2)With regard to application for registration of a variety, for an Applied Variety pertaining to the outcome of the Projects for Breeding New Varieties of Plants provided for in the Plan for Reconstruction and Revitalization of Industry that has been approved as set forth in the preceding paragraph (such Applied Variety means the Applied Variety prescribed in Article 4, paragraph (1) of the Plant Variety Protection and Seed Act (Act No. 83 of 1998) and is limited to the one for which an application for registration of a variety has been filed not later than two years from the final day of the implementation period set forth in paragraph (4) that is provided for in said Plan for Reconstruction and Revitalization of Industry; hereinafter the same applies in this paragraph), when the applicant is either of the following and is the Responsible Entity for said Projects for Breeding New Varieties of Plants, the Minister of Agriculture, Forestry and Fisheries may grant said person a reduction of or exemption from the payment of fees for filing an application, that are to be paid pursuant to the provisions of Article 6, paragraph (1) of the same Act, pursuant to the provisions of Cabinet Order:
(i)A person who has bred (as prescribed in Article 3, paragraph (1) of the Plant Variety Protection and Seed Act; the same applies in the following item and the following paragraph) said Applied Variety;
(ii)Where said Applied Variety is an Employee-bred Variety Bred as Part of an Employee's Duties as prescribed in Article 8, paragraph (1) of the Plant Variety Protection and Seed Act that has been bred by an Employee, etc. as prescribed in said paragraph (referred to as an "Employee, etc." in item (ii) of the following paragraph) (such variety is referred to as an "Employee-bred Variety Bred as Part of an Employee's Duties" in said item), and a contractual provision, service regulation or any other stipulation has specified, in advance, that an application for registration of a variety is filed by an Employer, etc. as prescribed in Article 8, paragraph (1) of the same Act (hereinafter referred to as an "Employer, etc." in this item and item (ii) of the following paragraph), the Employer, etc. who has filed the application for registration of a variety.
(3)With regard to a Registered Variety pertaining to the outcome of the Projects for Breeding New Varieties of Plants provided for in the Plan for Reconstruction and Revitalization of Industry that has been approved as set forth in paragraph (1) (such Registered Variety means the Registered Variety prescribed in Article 20, paragraph (1) of the Plant Variety Protection and Seed Act, and is limited to one for which an application for registration of a variety has been filed not later than two years from the final day of the implementation period set forth in the following paragraph, provided for in said Plan for Reconstruction and Revitalization of Industry; hereinafter the same applies in this paragraph), when a person who is to pay the registration fees, for each of the first to sixth years pursuant to the provisions of Article 45, paragraph (1) of the same Act, is either of the following and is the Responsible Entity for said Projects for Breeding New Varieties of Plants, the Minister of Agriculture, Forestry and Fisheries may grant said person a reduction of or exemption from the payment of registration fees, pursuant to the provisions of Cabinet Order:
(i)A person who has bred said Registered Variety;
(ii)Where said Registered Variety is an Employee-bred Variety Bred as Part of an Employee's Duties, and a contractual provision, service regulation or any other stipulation has specified in advance that an application for registration of a variety is filed by an Employer, etc. or that the title of the applicant for registration of a variety filed by an Employee, etc. is transferred to an Employer, etc., the Employer, etc. who has filed the application for registration of a variety or the Employer, etc. who has received the transfer of the title of the applicant for registration of a variety filed by an Employee, etc.
(4)The Plan for Reconstruction and Revitalization of Industry set forth in paragraph (1) is to provide for the goals and implementation period for each of the Projects for Breeding New Varieties of Plants, regarding the particulars set forth in Article 38, paragraph (2), item (iii).
(5)An application for approval as set forth in paragraph (1) must be filed together with a document including the amount of funds necessary for carrying out the Projects for Breeding New Varieties of Plants to be provided for in the Plan for Reconstruction and Revitalization of Industry pertaining to said application, and the procurement method therefor.
(Projects for Developing Geothermal Resources)
Article 43When the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister with regard to the Plan for Reconstruction and Revitalization of Industry that provides for Projects for Developing Geothermal Resources as prescribed in Article 38, paragraph (2), item (iii), (d) (hereinafter referred to as "Projects for Developing Geothermal Resources"), the provisions of the following Article to Article 47 apply to said Projects for Developing Geothermal Resources, on and after the date said approval has been granted.
(Plans for Developing Geothermal Resources)
Article 44(1)The Governor of Fukushima Prefecture may prepare a plan concerning the development of geothermal resources pertaining to Projects for Developing Geothermal Resources provided for in the Plan for Reconstruction and Revitalization of Industry that has been approved as set forth in the preceding Article (hereinafter referred to as a "Plan for Developing Geothermal Resources"), as specified by the Order of the Reconstruction Agency.
(2)A Plan for Developing Geothermal Resources is to include the following:
(i)The zone in which to carry out Projects for Developing Geothermal Resources;
(ii)The goals of the Projects for Developing Geothermal Resources;
(iii)The details of the Projects for Developing Geothermal Resources, Responsible Entities, and other particulars specified by Order of the Reconstruction Agency;
(iv)The period for carrying out the Projects for Developing Geothermal Resources;
(v)Other particulars necessary for carrying out the Projects for Developing Geothermal Resources.
(3)When the Governor of Fukushima Prefecture intends to prepare a Plan for Developing Geothermal Resources, said governor must obtain the consent of persons to be specified as the Responsible Entities prescribed in item (iii) of the preceding paragraph in advance.
(4)When the Governor of Fukushima Prefecture intends to prepare a Plan for Developing Geothermal Resources, said governor is to in advance hear the opinions of the mayors of the relevant municipalities and take the measures necessary for reflecting the opinions of residents in the plan, such as holding a public hearing.
(5)When the Governor of Fukushima Prefecture has prepared a Plan for Developing Geothermal Resources, said governor must publicize the plan without delay.
(6)The provisions of the preceding three paragraphs apply mutatis mutandis to amendments (excluding minor amendments specified by Order of the Reconstruction Agency) to a Plan for Developing Geothermal Resources.
(Special Provisions Concerning the Amendments, etc. to Regional Forestry Plans)
Article 45(1)Regarding the particulars set forth in paragraph (2), item (iii) of the preceding Article, the particulars specified in the following items that pertain to changes, designation, or revocation, set forth respectively therein, to be made in relation to the implementation of Projects for Developing Geothermal Resources (referred to as "Amendments, etc. to Regional Forestry Plans" in paragraph (6)) may be included:
(i)Changes to Regional Forest Planning Zones (meaning the zones of a Forest (meaning a Forest as prescribed in Article 2, paragraph (1) of the Forest Act (Act No. 249 of 1951); hereinafter the same applies in this item and item (ii) of the following paragraph) that are covered by regional forestry plans established pursuant to the provisions of Article 5, paragraph (1) of the same Act):The area of the forest pertaining to said changes;
(ii)The designation of Protection Forests (meaning the Protection Forests designated under Article 25 or 25-2 of the Forest Act; the same applies in this item and the following paragraph) or the revocation thereof:The location of the Protection Forests and the purpose of the designation, and in cases of including particulars related to the designation of Protection Forests, the Requirements for Designation (meaning the Requirements for Designation prescribed in Article 33, paragraph (1) of the same Act);
(2)When the Governor of Fukushima Prefecture intends to include the particulars set forth in the following items in a Plan for Developing Geothermal Resources, said governor must undergo the procedures specified respectively therein, with regard to said particulars, in advance, as specified by Order of the Reconstruction Agency and Ordinance of the Ministry of Agriculture, Forestry and Fisheries:
(i)The particulars specified in item (i) of the preceding paragraph:To seek the opinions of the Prefectural Forest Council established in Fukushima prefecture and the head of the Regional Forest Office which has jurisdiction over Fukushima prefecture, and to hold deliberations with the Minister of Agriculture, Forestry and Fisheries via the Prime Minister;
(ii)The particulars specified in item (ii) of the preceding paragraph (limited to the particulars related to the designation of Protection Forests regarding forests within coastal preservation zones designated under Article 3 of the Coast Act):To hold deliberations with a coast administrator administrating the relevant coastal preservation zone;
(iii)The particulars specified in item (ii) of the preceding paragraph (limited to the particulars related to the designation of Protection Forests under Article 25 of the Forest Act, the revocation of the designation of Protection Forests under Article 26 of the same Act, or the revocation of the designation of Protection Forests falling under either of the items of Article 26-2, paragraph (4) of the same Act):To hold deliberations with the Minister of Agriculture, Forestry and Fisheries via the Prime Minister to obtain the consent of the former.
(3)When the Governor of Fukushima Prefecture intends to include the particulars set forth in the items of paragraph (1) in a Plan for Developing Geothermal Resources, said governor must give public notice to that effect with regard to said particulars in advance, as specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries, and must make a draft of said particulars available for public inspection for two weeks from the date said public notice has been given, together with a document including the reasons why said governor intends to state said particulars in the Plan for Developing Geothermal Resources.
(4)When a public notice has been given pursuant to the provisions of the preceding paragraph, residents of Fukushima and other interested persons may submit written opinions concerning the draft of said particulars provided for public inspection to the Governor of Fukushima Prefecture up until the date on which the public inspection period expires.
(5)When the Governor of Fukushima Prefecture undergoes the procedures specified in paragraph (2), item (i), said governor must submit an outline of written opinions (limited to written opinions related to the particulars set forth in paragraph (1), item (i)) that have been submitted pursuant to the provisions of the preceding paragraph, to the Prefectural Forest Council established in Fukushima prefecture.
(6)When a Plan for Developing Geothermal Resources that includes the particulars specified in the items of paragraph (1) has been publicized pursuant to the provisions of paragraph (5) of the preceding Article, it is deemed that the Amendments, etc. to the Regional Forestry Plan have been made pertaining to said particulars as of the date of said publication.
(Special Provisions Concerning Permission and Approval, etc. for Projects for Developing Geothermal Resources)
Article 46(1)Regarding the particulars set forth in Article 44, paragraph (2), item (iii), the following particulars pertaining to the implementation of Projects for Developing Geothermal Resources may be included:
(i)Particulars concerning acts for which the permission set forth in Article 3, paragraph (1) or Article 11, paragraph (1) of the Hot Springs Act (Act No. 125 of 1948) is required;
(ii)Particulars concerning acts for which the permission set forth in Article 10-2, paragraph (1) of the Forest Act is required;
(iii)Particulars concerning acts for which the permission set forth in Article 34, paragraph (1) or (2) of the Forest Act is required;
(iv)Particulars concerning acts for which deliberations are required to be held or approval obtained as set forth in Article 10, paragraph (6) of the Natural Parks Act (Act No. 161 of 1957), permission set forth in Article 20, paragraph (3) of the same Act (limited to the permission pertaining to item (i) or (iv) of said paragraph; the same applies in paragraph (1) of the following Article) is required, or to a notification under Article 33, paragraph (1) of the same Act is required to be made;
(v)Particulars concerning acts for which a notification under Article 9, paragraph (2), Article 16-2, paragraph (1) or (2), or Article 48, paragraph (1) of the Electricity Business Act (Act No. 170 of 1964) is required to be made;
(vi)Particulars concerning acts for which the approval set forth in Article 8, paragraph (1) of the Act on the Promotion of New Energy Usage (Act No. 37 of 1997) is required.
(2)When the Governor of Fukushima Prefecture intends to include the particulars set forth in the following items in a Plan for Developing Geothermal Resources, said governor must undergo the procedures specified respectively therein in advance with regard to said particulars, as specified by Order of the Reconstruction Agency, Ordinance of the Ministry of Agriculture, Forestry and Fisheries, Ordinance of the Ministry of Economy, Trade and Industry, and Ordinance of the Ministry of the Environment:
(i)Particulars specified in item (i) of the preceding paragraph:To seek the opinions of the council established pursuant to the provisions of Article 51 of the Nature Conservation Act (Act No. 85 of 1972) or other council organizations (hereinafter referred to as the "Council, etc." in this item) (with regard to particulars concerning acts for which permission is required and which may affect the amount of water discharge from and temperature or ingredients of hot springs in neighboring prefectures, to hear the opinions of the Council, etc. and to hold deliberations with the Minister of the Environment via the Prime Minister);
(ii)Particulars specified in item (ii) of the preceding paragraph:To hear the opinions of the Prefectural Forest Council established in Fukushima prefecture;
(iii)Particulars specified in item (iv) of the preceding paragraph (limited to the particulars concerning acts for which deliberations pertaining to National Parks (meaning the National Parks prescribed in Article 2, item (ii) of the Natural Parks Act are required to be held; the same applies in the following item)):To hold deliberations with the Minister of the Environment via the Prime Minister;
(iv)Particulars specified in item (iv) of the preceding paragraph (limited to the particulars concerning acts for which approval, permission, or notification pertaining to National Parks is required):To hold deliberations with the Minister of the Environment via the Prime Minister to obtain the consent of the former;
(v)Particulars specified in item (v) of the preceding paragraph (limited to the particulars concerning acts for which a notification under Article 9, paragraph (2), or Article 16-2, paragraph (1) or (2) of the Electricity Business Act is required to be made):To make a notification to the Minister of Economy, Trade and Industry via the Prime Minister;
(vi)Particulars specified in item (v) of the preceding paragraph (limited to the particulars concerning acts for which a notification under Article 48, paragraph (1) of the Electricity Business Act is required to be made):To hold deliberations with the Minister of Economy, Trade and Industry via the Prime Minister to obtain the consent of the former;
(vii)Particulars specified in item (vi) of the preceding paragraph:To hold deliberations with the Competent Minister (meaning the Competent Minister prescribed in Article 15 of the Act on the Promotion of New Energy Usage) via the Prime Minister to obtain the consent of the former.
Article 47(1)When a Plan for Developing Geothermal Resources that includes the particulars set forth in the left-hand column of the following table has been publicized pursuant to the provisions of Article 44, paragraph (5), it is deemed that the permission or approval set forth in the right-hand column of said table has been granted for Responsible Entities for the Project for Developing Geothermal Resources pertaining to said particulars as of the date of said publication.
The matters set forth in paragraph (1), item (i) of the preceding Article
The permission set forth in Article 3, paragraph (1) or Article 11, paragraph (1) of the Hot Springs Act
The matters set forth in paragraph (1), item (ii) of the preceding Article
The permission set forth in Article 10-2, paragraph (1) of the Forest Act
The matters set forth in paragraph (1), item (iii) of the preceding Article
The permission set forth in Article 34, paragraph (1) or (2) of the Forest Act
The matters set forth in paragraph (1), item (iv) of the preceding Article (limited to the matters pertaining to the approval set forth in Article 10, paragraph (6) of the Natural Parks Act or the permission set forth in Article 20, paragraph (3) of the same Act)
The approval set forth in Article 10, paragraph (6) of the same Act or the permission set forth in Article 20, paragraph (3) of the same Act
The matters set forth in paragraph (1), item (vi) of the preceding Article
The approval set forth in Article 8, paragraph (1) of the Act on the Promotion of New Energy Usage
(2)When a Plan for Developing Geothermal Resources that includes the particulars set forth in the following items has been publicized pursuant to the provisions of Article 44, paragraph (5), the provisions specified respectively therein do not apply to the Projects for Developing Geothermal Resources pertaining to said particulars:
(i)Particulars set forth in paragraph (1), item (iv) of the preceding Article (limited to the particulars pertaining to deliberations under Article 10, paragraph (6) of the Natural Parks Act):Article 10, paragraph (6) of the same Act;
(ii)Particulars set forth in paragraph (1), item (iv) of the preceding Article (limited to the particulars pertaining to a notification under Article 33, paragraph (1) of the Natural Parks Act):Article 33, paragraphs (1) and (2) of the same Act;
(iii)Particulars set forth in paragraph (1), item (v) of the preceding Article (limited to the particulars pertaining to a notification under Article 48, paragraph (1) of the Electricity Business Act):Article 48, paragraph (1) of the same Act.
(3)When a Plan for Developing Geothermal Resources that includes the particulars set forth in paragraph (1), item (v) of the preceding Article (limited to the particulars pertaining to notification under Article 9, paragraph (2), or Article 16-2, paragraph (1) or (2) of the Electricity Business Act) has been publicized pursuant to the provisions of Article 44, paragraph (5), it is deemed that a notification under Article 9, paragraph (2), or Article 16-2, paragraph (1) or (2) of the same Act has been made.
(Special Provisions Concerning Permission and Approval, etc. for Projects for Improving Distribution Functionality)
Article 48(1)Where the Governor of Fukushima Prefecture has specified any of the particulars set forth in the left-hand column of the following table regarding the particulars set forth in Article 38, paragraph (2), item (iii), (e), with regard to the Plan for Reconstruction and Revitalization of Industry that provides for Projects for Improving Distribution Functionality as prescribed in said item (hereinafter referred to as "Projects for Improving Distribution Functionality" in this Article), and when said governor has applied for the approval of the Prime Minister, while attaching documents specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, and has obtained the approval of the Prime Minister, it is deemed, with regard to part of said Projects for Improving Distribution Functionality that require a registration or registration of changes to be made, permission or approval to be obtained, or a notification to be made as set forth in the right-hand column of said table, that said registration or registration of changes has been made, said permission or approval has been obtained, or said notification has been made as of the date said approval has been granted.
(i) The particulars concerning acts for which the registration set forth in Article 3 of the Warehousing Business Act (Act No. 121 of 1956), the registration of changes set forth in Article 7, paragraph (1) of the same Act, or a notification under paragraph (3) of said Article is required to be made
The registration set forth in Article 3 of the same Act, the registration of changes set forth in Article 7, paragraph (1) of the same Act, or the notification under paragraph (3) of said Article
(ii) The particulars concerning acts for which the registration set forth in Article 3, paragraph (1) of the Consigned Freight Forwarding Business Act (Act No. 82 of 1989), the registration of changes set forth in Article 7, paragraph (1) of the same Act, or a notification under paragraph (3) of said Article is required to be made
The registration set forth in Article 3, paragraph (1) of the same Act, the registration of changes set forth in Article 7, paragraph (1) of the same Act, or the notification under paragraph (3) of said Article
(iii) The matters particulars concerning acts for which the permission set forth in Article 20 of the Consigned Freight Forwarding Business Act or the approval set forth in Article 25, paragraph (1) of the same Act is requried, or a notification under paragraph (3) of said Article is required to be made
The permission set forth in Article 20 of the same Act, the approval set forth in Article 25, paragraph (1) of the same Act, or the notification under paragraph (3) of said Article
(iv) The particulars concerning acts for which the registration set forth in Article 35, paragraph (1) of the Consigned Freight Forwarding Business Act, the registration of changes set forth in Article 39, paragraph (1) of the same Act, or a notification under paragraph (3) of said Article is required to be made
The registration set forth in Article 35, paragraph (1) of the same Act, the registration of changes set forth in Article 39, paragraph (1) of the same Act, or the notification under paragraph (3) of said Article
(v) The particulars concerning acts for which the permission set forth in Article 45, paragraph (1) of the Consigned Freight Forwarding Business Act or the approval set forth in Article 46, paragraph (2) of the same Act is required, or a notification under paragraph (4) of said Article is required to be made
The permission set forth in Article 45, paragraph (1) of the same Act, the approval set forth in Article 46, paragraph (2) of the same Act, or the notification under paragraph (4) of said Article
(vi) The particulars concerning acts for which the permission set forth in Article 3 of the Motor Truck Transportation Business Act (Act No. 83 of 1989) or the approval set forth in Article 9, paragraph (1) of the same Act is required, or a notification under paragraph (3) of said Article is required to be made
The permission set forth in Article 3 of the same Act, the approval set forth in Article 9, paragraph (1) of the same Act, or the notification under paragraph (3) of said Article
(2)The Plan for Reconstruction and Revitalization of Industry as set forth in the preceding paragraph is to provide for the project goals, the outline of Distribution Service Facilities, and an implementation period for each of the Projects for Improving Distribution Functionality, regarding the particulars set forth in Article 38, paragraph (2), item (iii).
(3)If the Governor of Fukushima Prefecture intends to apply for the approval set forth in paragraph (1), said governor must obtain consent, with regard to the details of the Projects for Improving Distribution Functionality to be provided for in the Plan for Reconstruction and Revitalization of Industry pertaining to said application, of persons to be specified as the Responsible Entities for said Projects for Improving Distribution Functionality in said Plan for Reconstruction and Revitalization of Industry, notwithstanding the provisions of Article 38, paragraph (4).
(4)When the Minister of Land, Infrastructure, Transport and Tourism has been asked to give the consent set forth in Article 38, paragraph (10) (including cases where applied mutatis mutandis pursuant to Article 6, paragraph (2) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake applied mutatis mutandis by replacing the terms pursuant to Article 39, paragraph (1); hereinafter the same applies in this Article), with regard to an application for approval under paragraph (1), said governor must not give the consent set forth in Article 38, paragraph (10), when the Projects for Improving Distribution Functionality provided for in the Plan for Reconstruction and Revitalization of Industry pertaining to said application fall under any of the following items:
(i)When the Responsible Entity for the Projects for Improving Distribution Functionality pertaining to the particulars set forth in the left-hand column of item (i) of the table of paragraph (1) fall under any of the items of Article 6, paragraph (1) of the Warehousing Business Act;
(ii)When the Responsible Entity for the Projects for Improving Distribution Functionality pertaining to the particulars set forth in the left-hand column of item (ii) of the table of paragraph (1) fall under any of the items of Article 6, paragraph (1) of the Consigned Freight Forwarding Business Act;
(iii)When the Responsible Entity for the Projects for Improving Distribution Functionality pertaining to the particulars set forth in the left-hand column of item (iii) of the table of paragraph (1) fall under any of the items of Article 22 of the Consigned Freight Forwarding Business Act or when it is found that the details of said Projects for Improving Distribution Functionality do not conform to the criteria set forth in the items of Article 23 of the same Act;
(iv)When the Responsible Entity for the Projects for Improving Distribution Functionality pertaining to the particulars set forth in the left-hand column of item (iv) of the table of paragraph (1) fall under any of the items of Article 38, paragraph (1) of the Consigned Freight Forwarding Business Act;
(v)When the Responsible Entity for the Project for Improving Distribution Functionality pertaining to the particulars set forth in the left-hand column of item (vi) of the table of paragraph (1) falls under any of the items of Article 5 of the Motor Truck Transportation Business Act or when it is found that the details of said Projects for Improving Distribution Functionality do not conform to the criteria set forth in the items of Article 6 of the same Act.
(5)If the Minister of Land, Infrastructure, Transport and Tourism has been asked to give the consent set forth in Article 38, paragraph (10) with regard to an application for approval under paragraph (1), said minister is to give due consideration in giving the consent, with regard to part of the Projects for Improving Distribution Functionality provided for in the Plan for Reconstruction and Revitalization of Industry pertaining to said application for which permission needs to be obtained as set forth in Article 45, paragraph (1) of the Consigned Freight Forwarding Business Act, so as to sincerely fulfill obligations under international agreements and ensure that business activities are carried out in a fair manner in the field of the Second Class Consigned Freight Forwarding Business (meaning the Second Class Consigned Freight Forwarding Business prescribed in Article 2, paragraph (8) of the same Act) pertaining to International Freight Forwarding (meaning International Freight Forwarding as prescribed in Article 6, paragraph (1), item (v) of the same Act), thereby ensuring the sound development of said business.
(6)The Minister of Land, Infrastructure, Transport and Tourism may request the provision of information necessary for giving the consent set forth in Article 38, paragraph (10) from the Governor of Fukushima Prefecture and the Responsible Entities for the Projects for Improving Distribution Functionality provided for in the Plan for Reconstruction and Revitalization of Industry pertaining to an application for approval under paragraph (1).
(Special Measures on Regulations Prescribed by Cabinet Order, etc.)
Article 49If the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister, with regard to the Plan for Reconstruction and Revitalization of Industry that provides for, as a Project for Reconstruction and Revitalization of Industry as prescribed in Article 38, paragraph (2), item (iii), Projects Pertaining to Regulations Prescribed by Cabinet Order, etc., special measures on regulations as prescribed in paragraph (3) of said Article apply to said Projects Pertaining to Regulations Prescribed by Cabinet Order, etc., as specified by Cabinet Order with regard to a project pertaining to regulations prescribed by Cabinet Order, and as specified by Order of the Reconstruction Agency and Ordinance of the Competent Ministry with regard to a project pertaining to regulations prescribed by Ordinance of the Competent Ministry, respectively.
(Measures under Special Provisions by Prefectural or Municipal Ordinance on Regulations Concerning Affairs of Local Governments)
Article 50When the Governor of Fukushima Prefecture has applied for and has obtained the approval of the Prime Minister, with regard to the Plan for Reconstruction and Revitalization of Industry that provides for, as a Project for Reconstruction and Revitalization of Industry as prescribed in Article 38, paragraph (2), item (iii), Projects Pertaining to Regulations Prescribed by Cabinet Order, etc. Concerning Affairs of the Local Government, special measures on regulations as prescribed in paragraph (3) of said Article apply to said Projects Pertaining to Regulations Prescribed by Cabinet Order, etc. Concerning Affairs of the Local Government, as specified by Cabinet Order with regard to a project pertaining to regulations prescribed by Cabinet Order, and as specified by Order of the Reconstruction Agency and Ordinance of the Competent Ministry with regard to a project pertaining to regulations prescribed by Ordinance of the Competent Ministry, respectively.
Article 51With regard to the application of the provisions of Article 2, paragraph (3), item (ii), (a), Article 4, paragraph (9), item (i), and Article 40, paragraph (1) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake to an sole proprietorship or a corporation who carries out projects to form and develop industrial clusters and thereby contributes to ensuring employment opportunities in Fukushima, the term "ensuring employment opportunities in areas where the Great East Japan Earthquake has forced many disaster victims to lose employment or has caused significant damage to the foundation for production activities" in Article 2, paragraph (3), item (ii), (a) of the same Act is deemed to be replaced with "ensuring employment opportunities"; the term "the Basic Guidelines for Special Zones for Reconstruction" in Article 4, paragraph (9), item (i) of the same Act is deemed to be replaced with "the Basic Guidelines for Special Zones for Reconstruction (excluding the part pertaining to Article 2, paragraph (3), item (ii), (a))"; and the term "(limited to the zone, the whole or a part of which is included in the municipal zone, the whole or a part of which falls under the area prescribed in (a) of said item)" in Article 40, paragraph (1) of the same Act is deemed to be deleted.
Article 52With regard to the application of the provisions of Article 2, paragraph (3), item (ii), (b) and Article 4, paragraph (9), item (i) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake to an sole proprietorship or a corporation who carries out projects to construct and lease buildings in Fukushima that contribute to the formation and development of industrial clusters, the term "Projects to construct and lease buildings in areas prescribed in (a)" in Article 2, paragraph (3), item (ii), (b) of the same Act is deemed to be replaced with "Projects to construct and lease buildings," and the term "the Basic Guidelines for Special Zones for Reconstruction" in Article 4, paragraph (9), item (i) of the same Act is deemed to be replaced with "the Basic Guidelines for Special Zones for Reconstruction (excluding the part pertaining to Article 2, paragraph (3), item (ii), (b))."
Section 3 Policies, etc. for Reconstruction and Revitalization of the Agriculture, Forestry and Fisheries Industry
(Policies for Reconstruction and Revitalization of the Agriculture, Forestry and Fisheries Industry)
Article 53In order to facilitate the reconstruction and revitalization of the agriculture, forestry and fisheries industry in Fukushima damaged by the Nuclear Disaster, the national government is to implement policies necessary for supporting Initiatives made by local governments in Fukushima, such as broadening the consumption of agriculture, forestry and fisheries products, developing production bases for the agriculture, forestry and fisheries industry, streamlining the processing and distribution of agriculture, forestry and fisheries products, promoting initiatives utilizing local resources, fostering and securing personnel who play central role in the agriculture, forestry and fisheries industry, or promoting research and development concerning the agriculture, forestry and fisheries industry and disseminating the outcome thereof.
(Policies for Reconstruction and Revitalization of Small and Medium Sized Enterprises)
Article 54In order to facilitate the reconstruction and revitalization of small and medium sized enterprises in Fukushima damaged due to the Nuclear Disaster, the national government is to implement policies necessary for supporting Initiatives made by local governments in Fukushima, for the purpose of reconstructing small and medium sized enterprises, such as ensuring funding, fostering personnel, or promoting the research and development of technologies pertaining to the production, sale or provision of services.
(Measures such as Vocational Guidance)
Article 55In order to ensure job security for workers in Fukushima, the national government is to provide vocational guidance, job placement services, and vocational training, or take other measures as necessary.
(Policies for Reconstruction and Revitalization of Fukushima through the Promotion of Tourism, etc.)
Article 56(1)In order to facilitate the reconstruction and revitalization of Fukushima, which was damaged by the Nuclear Disaster, through the promotion of tourism, the national government is to implement policies necessary for supporting Initiatives made by local governments in Fukushima, such as trying to attract more domestic and foreign tourists, increasing the attractiveness of sightseeing spots in Fukushima, advertising Fukushima domestically and internationally, or inviting international conferences or otherwise promoting international exchange.
(2)The Japan Foundation, IAA is to dispatch and invite relevant persons for the purpose of international cultural exchange, hold or act as an intermediary in holding events for international cultural exchange or offer assistance to or participate in such events, or take other measures as necessary, while giving due consideration to the characteristics of Fukushima, and it is to thereby endeavor to help promote international exchanges in Fukushima.
(Measures for Reconstruction and Revitalization of Other Industries)
Article 57In addition to what is prescribed in Article 53 to the preceding Article, in order to facilitate the reconstruction and revitalization of industry in Fukushima damaged by the Nuclear Disaster, the national government is to endeavor to take financial measures, tax measures, monetary measures, or other measures, with regard to making Initiatives such as dealing with the slump in the sale of goods and a decrease in the number of tourists due to uncertainties concerning the risk posed or the status of contamination by radioactive materials.
Chapter VI Intensive Promotion of Initiatives that Contribute to the Creation of New Industries, etc.
(Approval of Intensive Promotion Plans)
Article 58(1)In line with the Basic Guidelines for Reconstruction and Revitalization of Fukushima, the Governor of Fukushima Prefecture may prepare a plan for intensively promoting Initiatives that contribute to the creation of new industries and the strengthening of international competitiveness in industry through the use of Renewable Energy Sources (meaning solar power, wind power, and other non-fossil fuel-based energy that are deemed to be used as permanent energy sources; the same applies in Article 61) and the development of sites in order to carry out research and development concerning medicines and medical equipment, and Initiatives toward other leading policies (hereinafter such plan is referred to as an "Intensive Promotion Plan"), and may apply for the approval of the Prime Minister.
(2)The Intensive Promotion Plan is to provide for the following particulars:
(i)The zone under the Intensive Promotion Plan;
(ii)The goals of the Intensive Promotion Plan;
(iii)The details of the Initiatives to be carried out or promoted for achieving the goals set forth in the preceding item;
(iv)The period for the plan.
(3)When the Governor of Fukushima Prefecture intends to prepare an Intensive Promotion Plan, said governor must hear the opinions of the mayors of the relevant municipalities in advance.
(4)An application set forth in paragraph (1) must be filed together with a document including the outline of the opinions of the mayors of the relevant municipalities collected pursuant to the provisions of the preceding paragraph.
(5)If the Prime Minister finds that an Intensive Promotion Plan for which an application set forth in paragraph (1) has been filed conforms to the following criteria, approval shall be granted thereto:
(i)The plan conforms to the Basic Guidelines for Reconstruction and Revitalization of Fukushima;
(ii)The implementation of the Intensive Promotion Plan is deemed to contribute to the creation of new industries, etc.;
(iii)It is deemed that the plan will be implemented smoothly and steadily.
(6)If the Prime Minister intends to grant approval as set forth in the preceding paragraph, said Prime Minister must obtain the consent of the head(s) of the relevant administrative organ(s) pertaining to the Particulars Concerning Intensive Promotion (meaning the particulars related to the projects prescribed in Article 60 or the policies prescribed in Article 61 or 62) provided for in the Intensive Promotion Plan, with regard to said Particulars Concerning Intensive Promotion.
(7)When the Prime Minister has granted the approval as set forth in paragraph (5), said approval must be made public without delay.
Article 59The provisions of Articles 5 to 10 of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake apply mutatis mutandis to Intensive Promotion Plans.In this case, the term "Approval" in Article 5 of the same Act is deemed to be replaced with "approval set forth in Article 58, paragraph (5) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "paragraph (10) of the preceding Article" in paragraph (2) of said Article is deemed to be replaced with "Article 58, paragraph (6) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "A Specified Local Government that has been granted Approval" in Article 6, paragraph (1) of the same Act is deemed to be replaced with "The Governor of Fukushima Prefecture"; in Article 7, paragraph (1) of the same Act, the term "a Specified Local Government" is deemed to be replaced with "the Governor of Fukushima Prefecture" and the term "(hereinafter such local government is referred to as an 'Approved Local Government')" is deemed to be deleted; and the terms "an Approved Local Government" in paragraph (2) of said Article, Article 10, paragraphs (1) and (3) of the same Act, "the relevant Approved Local Government" in Article 8 of the same Act, "Approved Local Governments" in the title of Article 10 of the same Act are deemed to be replaced with "the Governor of Fukushima Prefecture"; the term "having been approved" in Article 6, paragraph (1) of the same Act is deemed to be replaced with "that has obtained the approval set forth in Article 58, paragraph (5) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Article 4, paragraphs (3) to (11)" in paragraph (2) of said Article is deemed to be replaced with "Article 58, paragraphs (3) to (7) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Article 4, paragraph (9)" in Article 7, paragraph (1) of the same Act is deemed to be replaced with "Article 58, paragraph (5) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; the term "Reconstruction Promotion Projects" in paragraph (2) of said Article is deemed to be replaced with "Particulars Concerning Intensive Promotion prescribed in Article 58, paragraph (6) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (hereinafter referred to as the 'Particulars Concerning Intensive Promotion') that are"; the term "Reconstruction Promotion Projects" in Article 8, paragraph (2) and Article 10, paragraph (2) of the same Act is deemed to be replaced with "Particulars Concerning Intensive Promotion"; the term "the items of Article 4, paragraph (9)" in Article 9, paragraph (1) of the same Act is deemed to be replaced with "the items of Article 58, paragraph (5) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima"; and the term "Article 4, paragraph (11)" in paragraph (3) of said Article is deemed to be replaced with "Article 58, paragraph (7) of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima."
(Special Provisions for the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, IAA)
Article 60The Organization for Small & Medium Enterprises and Regional Innovation, Japan, IAA may transfer, without charge, factory sites that it manages pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, IAA (Act No. 147 of 2002) for the purpose of providing them for the projects that the Governor of Fukushima Prefecture carries out based on an Intensive Promotion Plan for which the approval set forth in Article 58, paragraph (5) (including an approval for amendments as set forth in Article 6, paragraph (1) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake applied mutatis mutandis pursuant to the preceding Article) has been granted (such Intensive Promotion Plan is referred to as an "Approved Intensive Promotion Plan" in the following Article and Article 62), up until the date specified by Cabinet Order set forth in Article 5, paragraph (1) of the Supplementary Provisions of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, IAA.
(Policies for Promoting Research and Development, etc.)
Article 61In order to promote the implementation of Approved Intensive Promotion Plans, the national government is to implement the policies necessary for supporting the use of Renewable Energy Sources, the promotion of research and development concerning medicines and medical equipment and other leading research and development, and the utilization of the outcome of such research and development.
(Policies for Promoting Construction of Enterprises, etc.)
Article 62In order to ensure the prompt and steady implementation of Approved Intensive Promotion Plans, the national government is to implement the policies necessary for supporting the Initiatives made by Fukushima prefecture such as promoting the construction of enterprises necessary for creating new industries, etc., and fostering and securing personnel with advanced knowledge or technology.
(Other Measures for Creating New Industries, etc.)
Article 63In addition to what is prescribed in the preceding three Articles, the national government is to endeavor to take the financial measures necessary for intensively promoting Initiatives that contribute to the creation of new industries, etc. in Fukushima, or other measures such as those for facilitating procedures under the provisions of the Agricultural Land Act (Act No. 229 of 1952) and other laws and regulations.
Chapter VII Measures Necessary for Promoting Policies for Reconstruction and Revitalization of Fukushima
(Measures for Ensuring Stability)
Article 64(1)In order to facilitate the reconstruction and revitalization of Fukushima following the Nuclear Disaster, the national government is to take measures necessary for ensuring stable employment or otherwise ensuring stability for persons who have been evacuated from Zones under Evacuation Orders due to the Nuclear Disaster (including those who have changed their address to the regions where they took refuge) and persons who have moved back to Zones where Evacuation Orders have been Lifted upon the lifting of the Evacuation Orders for the relevant Zones under Evacuation Orders.
(2)When taking the measures set forth in the preceding paragraph, the national government is to give due consideration so that distinct attributes and characteristics of municipalities that include Zones under Evacuation Orders are maintained.
(Comprehensive Measures Covering Health, Medical, and Welfare Services)
Article 65In the event that any health hazards originating from radiation exposure due to the Nuclear Power Plant Accident occur in the future, the national government is to take legal or financial measures or other measures as necessary to comprehensively cover health, medical, and welfare services.
(Financial Measures for Development, etc. of Renewable Energy)
Article 66As one of the national policies concerning the reconstruction and revitalization of Fukushima following the Nuclear Disaster, the national government is to take financial measures necessary for developing and introducing renewable energy, financial measures necessary for diversifying energy sources, or other measures as necessary.
(Utilization of Reconstruction Grants and other Financial Measures)
Article 67(1)In order to facilitate a smooth and prompt reconstruction and revitalization of Fukushima following the Nuclear Disaster, the national government is to utilize Reconstruction Grants and other financial measures for reconstruction following the Great East Japan Earthquake effectively, and across cross-sections of ministries and agencies.
(2)In order to help the effective utilization of Reconstruction Grants and other financial measures for reconstruction following the Great East Japan Earthquake across cross-sections as set forth in the preceding paragraph, the Prime Minister is to request and secure a package of required budgets, based on Article 4, paragraph (2), item (iii), (a) of the Act for Establishment of the Reconstruction Agency (Act No. 125 of 2011), while taking into account requests from local governments in Fukushima, and provide information and consultation or take other measures, from a government-wide perspective, with regard to financial measures that can be utilized for the reconstruction and revitalization of Fukushima following the Nuclear Disaster.
(Financial Measures, etc. Pertaining to Funds for Protecting Residents' Health)
Article 68(1)The national government is to take the necessary financial measures within the budget, with regard to funds that Fukushima prefecture establishes as those set forth in Article 241 of the Local Autonomy Act (Act No. 67 of 1947) for the purpose of carrying out a Health Management Survey or other projects necessary for protecting the health of children and other residents from the Nuclear Disaster.
(2)When Fukushima prefecture carries out projects for creating a Living Environment where children and other residents can live with Peace of Mind, it may utilize the funds it establishes as set forth in the preceding paragraph.
(3)In addition to the measures set forth in paragraph (1), the national government may take other necessary financial measures within the budget, with the aim of further facilitating the utilization of funds for reconstruction and revitalization that local governments in Fukushima establish following the Nuclear Disaster, as the Nuclear Damage Emergency Response Funds (meaning the Nuclear Damage Emergency Response Funds prescribed in Article 14, paragraph (1) of the Act on Emergency Measures Related to Damage Caused by the 2011 Nuclear Accident (Act No. 91 of 2011)) or other funds set forth in Article 241 of the Local Autonomy Act, for the purpose of securing funds for local governments in Fukushima to carry out measures for reconstruction and revitalization following the Nuclear Disaster.
(Proper and Prompt Recommendations by the Minister for Reconstruction)
Article 69In light of the special circumstances in Fukushima, the Minister for Reconstruction is to provide recommendations properly and promptly pursuant to the provisions of Article 8, paragraph (5) of the Act for Establishment of the Reconstruction Agency, with the aim of facilitating a smooth and prompt implementation of measures for the reconstruction and revitalization of Fukushima following the Nuclear Disaster, based on this Act.
Chapter VIII Council for the Reconstruction and Revitalization of Fukushima Following the Nuclear Disaster
Article 70(1)In order to hold the deliberations necessary for facilitating the reconstruction and revitalization of Fukushima following the Nuclear Disaster, the Council for the Reconstruction and Revitalization of Fukushima Following the Nuclear Disaster (hereinafter referred to as the "Council" in this Article) is organized.
(2)The Council consists of the following persons:
(i)The Minister for Reconstruction and the Governor of Fukushima Prefecture;
(ii)The head(s) of the relevant administrative organ(s), the mayors of the relevant municipalities, and others that the Prime Minister and the Governor of Fukushima Prefecture designate through holding deliberations.
(3)The Council has a chairman and the Minister for Reconstruction serves as the chairman.
(4)The Prime Minister may attend the Council meetings and present opinions at any time.
(5)When the Council finds it necessary, it may ask the head(s) of national administrative organ(s), the head(s) of local government(s), or other executive agencies to provide data, present opinions, give explanations, or offer any other necessary cooperation.
(6)Members of the Council must respect the results of the deliberations with regard to the particulars for which an agreement has been reached at the Council.
(7)In addition to what are prescribed in paragraph (2) to the preceding paragraph, the particulars necessary for the operation of the Council are determined by the Council.
Chapter IX Miscellaneous Provisions
(Bearing of Expenses for Carrying out Measures based on This Act)
Article 71The provisions of this Act do not preclude the national government from claiming reimbursement, with regard to measures taken by the national government based on this Act that relate to damage to be compensated by the relevant Nuclear Operator (meaning the Nuclear Operator prescribed in Article 2, paragraph (3) of the Act on Compensation for Nuclear Damage (Act No. 147 of 1961)), from said Nuclear Operator, within the limit of the amount corresponding to the expenses for carrying out said measures.
(Ordinances of the Competent Ministries)
Article 72Ordinances of the Competent Ministries under this Act are Cabinet Office Ordinances (including public notices), Orders of the Reconstruction Agency (including public notices), or Ministerial Ordinances (including public notices) of the Cabinet Office, Reconstruction Agency, or the respective ministries with jurisdiction over laws that provide for the relevant regulations and orders based on laws (excluding the Rules of the National Personnel Authority, Rules of the Fair Trade Commission, Rules of the National Public Safety Commission, Rules of the Environmental Disputes Coordination Commission, Rules of the Public Security Examination Commission, Rules of the Central Labor Relations Commission, Rules of the Japan Transport Safety Board, and Rules of the Nuclear Regulation Authority); provided, however, that regarding regulations under the jurisdiction of the National Personnel Authority, the Fair Trade Commission, the National Public Safety Commission, the Environmental Disputes Coordination Commission, the Public Security Examination Commission, the Central Labor Relations Commission, the Japan Transport Safety Board, or the Nuclear Regulation Authority, governing Ordinances are the Rules of the National Personnel Authority, Rules of the Fair Trade Commission, Rules of the National Public Safety Commission, Rules of the Environmental Disputes Coordination Commission, Rules of the Public Security Examination Commission, Rules of the Central Labor Relations Commission, Rules of the Japan Transport Safety Board, or Rules of the Nuclear Regulation Authority, respectively.
(Delegation of Authority)
Article 73The authority of the Prime Minister, the Minister of Agriculture, Forestry and Fisheries, the Minister of Economy, Trade and Industry, the Minister of Land, Infrastructure, Transport and Tourism, or the Minister of the Environment prescribed in this Act may be delegated to the heads of Reconstruction Bureaus or local branch offices, pursuant to the provisions of Cabinet Order.
(Delegation to Orders)
Article 74In addition to what is provided for in this Act, the particulars necessary for the enforcement of this Act are specified by orders.
(Transitional Measures)
Article 75Where an order or a Prefectural or Municipal Ordinance is established, or revised or abolished based on this Act, said order or Prefectural or Municipal Ordinance may specify the required transitional measures (including transitional measures pertaining to penal provisions) within the scope reasonably necessary in accordance with said establishment or revision or abolition.
Supplementary Provisions[Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as from the date specified respectively in those items:
(i)The provisions of Article 22, Article 26, Article 27, Chapter V, Section 1, and Chapter VI; and the provisions of Article 6, Articles 8 to 13, Article 17, Article 24, and Article 26 of the Supplementary Provisions:The date specified by Cabinet Order within a period not exceeding two months from the date of promulgation;
(ii)The provisions of Article 8, paragraphs (1) to (6), and Articles 9 to 16; and the provisions of Article 7 and Article 16 of the Supplementary Provisions:The date specified by Cabinet Order within a period not exceeding one year and three months from the date of promulgation;
(iii) and (iv)Omitted.
(v)The provisions of Article 22 of the Supplementary Provisions:The date on which the Act for Partial Revision of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 13 of 2012) is promulgated or the date on which this Act is promulgated, whichever comes later;
(The date on which the Act for Partial Revision of the Act on Special Measures for the Promotion and Development of Okinawa is promulgated and the date on which this Act is promulgated: March 31, 2012)
(Review)
Article 2The national government is to review the provisions of this Act, including special measures on taxation, within three years after this Act comes into effect, in light of the status of the enforcement of this Act and the progress of the reconstruction and revitalization of Fukushima following the Nuclear Disaster, and other related factors, while paying attention to the wishes of the residents in Fukushima, and take the necessary measures promptly in accordance with the results thereof, when it finds there is a need to do so.
(Measures concerning Official Directives or Circular Notices)
Article 3With regard to official directives or circular notices issued by the head(s) of the relevant administrative organ(s) that pertain to Fukushima, necessary measures are to be taken in accordance with the provisions of this Act, in light of the necessity of facilitating the reconstruction and revitalization of industry damaged by the Nuclear Disaster.
Article 5If the date on which the provisions set forth in Article 1, item (ii) of the Supplementary Provisions of the Act to Prepare Related Laws for the Promotion of Reform to Enhance Local Autonomy and Independence (Act No. 37 of 2011) comes into effect falls later than the date on which this Act comes into effect, with regard to the application of the provisions of Article 21 up to the date preceding the date on which the provisions set forth in said item come into effect, the term "Article 23, item (ii)" in said Article is deemed to be replaced with "Article 23, item (iii)."
(Delegation to Cabinet Order)
Article 27The transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 13 of March 31, 2012 Extract][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2012; provided, however, that the provisions set forth in the following items come into effect as from the date specified respectively in those items:
(i) and (ii)Omitted;
(iii)The provisions of Article 19 of the Supplementary Provisions:The date on which this Act is promulgated or the date on which the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (Act No. 25 of 2012) is promulgated, whichever comes later;
(The date on which this Act is promulgated and the date on which the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (Act No. 25 of 2012) is promulgated: March 31, 2012)
Supplementary Provisions[Act No. 47 of June 27, 2012 Extract][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as from the date specified respectively in those items:
(i)The provisions of Article 7, paragraph (1) (limited to the part pertaining to the requirement to obtain the consent of both Houses); and the provisions of Article 2, paragraph (3) (limited to the part pertaining to the requirement to obtain the consent of both Houses), Article 5, Article 6, Article 14, paragraph (1), Article 34, and Article 87 of the Supplementary Provisions:The date of promulgation.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 86With regard to the application of penal provisions to acts committed prior to the enforcement of this Act (with regard to the provisions set forth in the items of Article 1 of the Supplementary Provisions, said provisions; hereinafter the same applies in this Article), and acts committed after the enforcement of this Act in cases where the provisions in force at the time in question continue to apply pursuant to the provisions of these Supplementary Provisions, the provisions in force at the time in question continue to apply.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 87In addition to what is provided for in these Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are prescribed by Cabinet Order.