Article 3-2(1)At the planning stage of a class-1 project, a person who intends to implement a project (for a project carried out by the national government, the head of the administrative organ (including a local branch office) which intends to implement the target project for a target project carried out by the national government) or the person who intends to entrust for a target project in the case of entrustment; the same applies hereinafter), in determining the area in which the relevant project will be carried out and other matters specified by the order of the competent ministry in each type of project listed in Article 2, paragraph (2), item (i), (a) through (m), must review the items (hereinafter referred to as "the items for primary environmental impact consideration at the early stage") should be considered for environmental conservation related to the relevant project in the one or more areas (hereinafter referred to as "the possible project implementation area") in which the relevant project will be carried out in each type of project listed in Article 2, paragraph (2), item (i), (a) through (m), as prescribed by order of the competent ministry.

(2)The order of the competent ministry is to specify the area in which a project in the preceding paragraph will be carried out and other items, are issued by the competent minister (if the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister) in consultation with the Minister of the Environment.

(3)The order of the competent ministry in paragraph (1) (excluding the order of the competent ministry to specify the area in which a project in the preceding paragraph will be implemented and other items) is issued by the competent minister (if the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister) in consultation with the Minister of the Environment, in order to establish guidelines for both the selection of the items for primary environmental impact consideration at the early stage as found to be necessary for the proper review of items for primary environmental impact consideration at the early stage, and the methods for survey, forecast and evaluation, relating to the relevant items for primary environmental impact consideration at the early stage

Article 3-3(1)a person who intends to implement a class-1 project must prepare a document on primary environment impact consideration at the early stage (hereinafter referred to as "a document on primary environment impact consideration") that describes the following matters about the results of the review of the items for primary environmental impact consideration at the early stage;

(2)If two or more class-1 projects relating to each other will be carried out, a project proponent who intends to carry out these class-1 projects is able to prepare one document on primary environment impact consideration for these class-1 projects together.

Article 3-4(1)When preparing a document on primary environmental impact consideration, the person who intends to implement a class-1 project must promptly submit the document to the competent minister and make the relevant document on primary environmental impact consideration and the summary document made public, pursuant to the provisions of Order of the Ministry of the Environment.

(2)After receiving a document on primary environmental impact consideration, the competent minister (excluding the Minister of the Environment) must promptly send a copy of the relevant document to the Minister of the Environment and request the opinions.

Article 3-5The Minister of the Environment, when requested for opinions pursuant to the provisions of paragraph (2) of the preceding Article, may state the opinions in writing to the competent minister (except the Minister of the Environment), within the period designated by cabinet order, from the standpoint of the environment conservation for the document on primary environmental impact consideration.

Article 3-6When receiving the submission specified in Article 3-4, paragraph (1), the competent minister may state the opinions in writing to a person who intends to implement the class-1 project, within the period designated by cabinet order, from the standpoint of the environment conservation for the document on primary environmental impact consideration. In doing case, where the Minister of the Environment has stated any opinions pursuant to the provisions of the preceding Article, such opinions must be taken into consideration.

Article 3-7(1)A person who intends to implement a class-1 project, in accordance with the order of the competent ministry in each types of projects specified by Article 2, paragraph (2), item (i),(a) through (m), must endeavor to ask the opinions of the relevant administrative organs and the public on a draft or a document on primary environmental impact consideration, from the standpoint of the environmental conservation.

(2)The order of the competent ministry referred to in the preceding paragraph is established by the competent minister (if the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister) in consultation with the Minister of the Environment, in order to establish guidelines for measures for asking the opinions of the relevant administrative organs and the public on items for primary environmental impact consideration at the early stage, from the standpoint of environmental conservation.

Article 3-8In consultation with the heads of the relevant administrative organs, the Minister of the Environment is to establish the basic matters relating to the guidelines to be issued by the competent minister (where the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister) pursuant to the provisions of Article 3-2, paragraph (3) and paragraph (2) of the preceding Article, and is to make them public.

Article 3-9(1)When a person who intends to implement a class-1 project becomes as defined by any of the following items, the person, between publication as required by Article 3-4, paragraph (1) and a public notice issued as required by Article 7, must provide notice thereof to the person receiving a document on primary environmental impact consideration from the person who intends to implement the relevant class-1 project and make this public in accordance with the Order of the Ministry of the Environment;

(2)In the case of item (iii) of the preceding paragraph, if a project transferred to another person is a class-1 project, any examination of the items for primary environmental impact consideration at the early stage and any other procedures that were conducted as referred to the same items by the person who intended to implement the class-1 project prior to the transfer and before the publication date referred to in the same paragraph is deemed to have been implemented by another person who newly intends to implement the relevant class-1 project, and any examination of the items for primary environmental impact consideration at the early stage conducted and other procedures which were made about the person who intended to implement the class-1 project before the transfer is deemed to be made about another person who newly intends to implement the relevant project.

Article 3-10(1)At the planning stage of a class-2 project, a person who intends to implement a class-2 project (for a project implemented by the national government, the head of the administrative organ (including local branch office) which intends to implement the target project for a target project carried out by the national government) or a person who intends to entrust for a target project in the case of entrustment; the same applies hereinafter), in determining the area in which the project specified in Article 3-2 paragraph (1) will be carried out and other matters specified by order of the competent ministry is to review the items that should be considered for environmental conservation related to the project in the one or more areas in which the relevant project will be carried out and other procedures.In this case, a person who intends to implement the relevant class-2 project is to notify the competent minister in writing to conduct review of the items that should be considered for environmental conservation related to the project in the areas in which the relevant project will be carried out and follow other procedures.

(2)When a person who intends to implement a class-2 project make notification pursuant to the provisions of the preceding paragraph, the person is deemed to be a person who intends to implement a class-1 project and thereupon the provisions of Articles 3-2 through the preceding Article is applied.

Article 4(1)A person who intends to implement a class-2 project gives a written notice, in each type of the project listed in Article 2, paragraph (2), item (1), (a) through (m), hereunder pursuant to order of the competent ministry, on the name and location (in the case of a corporation, its name and the name of its representative, the location of its principal office), the type and scale of the class-2 project, the zone where the class-2 project will be carried out, and other general information concerning the class-2 project (hereinafter in this paragraph referred to as "name, etc.") to the person specified in each item according to the respective categories of a class-2 project listed in the following items. In this case, when the project proponent of a class-2 project listed in item (iv) or (v) is the competent minister listed in item (iv) or (v), the minister must prepare a document describing the name, etc. in lieu of submitting to the competent minister;

(2)The person specified in each item of the preceding paragraph must send a copy of the notification (including documents provided for in the latter half of the same paragraph, hereinafter in this Article and in Article 29, paragraph (1) referred to as "notification") to the prefectural governor(s) who have jurisdiction over the area in which the class-2 project relating notification pursuant to the preceding paragraph will be implemented, and ask the prefectural governor by designating the period over 30 days for submission of the opinions and the reasons, as to whether it is necessary that an environmental impact assessment and other procedures are conducted followed pursuant to this Act (excluding this Article).

(3)The person specified in each of the items of paragraph (1) of this Article, after giving due consideration to the opinions of the prefectural governor, submitted as prescribed in the preceding paragraph (2), must make a judgment for the relevant class-2 project within 60 days from the date of notification, pursuant to the provisions of the order of the competent ministry in each type of projects listed in Article 2, paragraph (2), item (i), (a) through (m), when the relevant person find that the degree of environmental impact is likely to be serious, the person must take a measure referred to in item (i); when the relevant person find that the degree of environmental impact is likely not to be serious, the person must take a measure referred to in item (ii);

(4)When the person who has filed a notification and has received the notification of the judgment described in the preceding paragraph (3), item (i) intends to implement the relevant project by modifying the scale or the area of the relevant class-2 project, if the project after such modification falls within the definition of class-2 project, the person may file a notification concerning the relevant project after such modification.In this case, the provisions of the two preceding paragraphs apply mutatis mutandis to the relevant notification.

(5)A person who intends to implement a class-2 project (other than a relevant project), until a measure (including the cases applying mutatis mutandis in the preceding paragraph and Article 29, paragraph (2)) is taken pursuant to paragraph (3), item (ii) (when persons prescribed in each item of paragraph (1) relating to the relevant class-2 project are two or more, until the required measures are taken by all of all persons prescribed in the relevant items), may not implement the relevant class-2 project.

(6)A person who intends to implement a class-2 project may conduct, notwithstanding the provisions of paragraph (1), without receiving a judgment, an environmental impact assessment and other procedures pursuant to the provisions of this Act (except this Article).In this case, if the person who intends to implement such class-2 project is someone other than the competent minister as prescribed in item (iv) or (v) of the same paragraph, that person is to notify in writing a document that the person conducted an environmental impact assessment and the other procedures to a person set forth in each item of the same paragraph in accordance with the provisions of this Act (except this Article), and when the person is the competent minister, the minister is to prepare a document to that effect.

(7)A person receiving a notice pursuant to the preceding paragraph or preparing a document pursuant to the preceding paragraph must send the relevant notice or a copy of the document regarding the preparation to the prefectural governors who have jurisdiction over the area in which the class-2 project should be implemented.

(8)The class-2 project relating to the notice or preparation of a document pursuant to paragraph (6), is deemed to be taken measures pursuant to paragraph (3), item (i) at the time of the relevant notice or preparation of the document.

(9)In order to ensure that a judgment is made properly concerning the type and scale of a class-2 project and the environmental conditions and the other conditions of the area in which the class-2 project will be implemented and surrounding area, the competent minister (when the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister) is to consult with the Minister of the Environment on the criteria to be used in making the judgment and is to establish the order of the competent ministry.

Article 21(1)The project proponent must review the matters written in a draft EIS, when the opinions are submitted pursuant to paragraph (1), (4) or (5) of the preceding Article, while taking into account these opinions given as well as the opinions given under Article 18, paragraph (1), and when the project proponent finds it necessary to revise the relevant matters (limited to when the project after such revision falls under the target project) the project proponent must take measurements specified in the relevant items in accordance to the criteria of revision listed in the following items:

(2)The project proponent, except for cases to which the provisions of item (i) of the preceding paragraph are to be applied, must prepare the environmental impact statement (hereinafter referred to as "EIS" in Article 26 and in Articles 29 and 30), in accordance with order of the competent ministry applicable to the types of projects referred to in Article 2, paragraph (2), item (i), (a) through (m), describing the following matters related to the results of the environmental impact assessment conducted and one relating to the draft EIS in where an environmental impact assessment was conducted pursuant to the provisions of item (iii) of the preceding paragraph; and describing the following matters related to the results of environmental impact assessment relating to the draft EIS in case an environmental impact assessment was not conducted pursuant to the provisions of the same item:

Article 22(1)After preparing an EIS, the project proponent must promptly submit it to persons designated in the following items, according to the category of the EIS listed in the relevant items:

(2)When the person designated in the preceding paragraph (except for the Minister of the Environment) is a person listed in the following items, that person, after receiving the EIS, must promptly take the measures specified in the following items:

Article 23When measures are taken pursuant to the provisions of items of paragraph (2) of the preceding Article, the Minister of the Environment may state, as necessary, within a period designated by cabinet order, the opinions in writing for the EIS, from the standpoint of environmental conservation, to the persons listed in the items of the same paragraph.In this case, the opinions to be stated to the person referred to in item (ii) of the same paragraph are stated through the Prime Minister or other minister as stipulated in the same item.

Article 23-2When a person referred to the items of Article 22, paragraph (1) is a local government or other corporation defined by public law as well as specified by cabinet order (hereinafter in this Article referred to as "local government etc."), the relevant head of local government, after receiving an EIS, when the the head finds it is necessary to express opinions in writing, pursuant to the following Article, from the standpoint of environmental conservation, must endeavor to seek advice from the Minister of the Environment by sending a copy of the relevant EIS.

Article 24When receiving an EIS submitted pursuant to the provisions of Article 22, paragraph (1), the person listed in items of the Article 22, paragraph (1) may, as necessary, and within a period designated by cabinet order, to the project proponent, state the opinions for the EIS in writing, from the standpoint of environmental conservation.In this case, when the Minister of the Environment has expressed any opinions pursuant to Article 23, the relevant person must take the opinions into account.

Article 25(1)When the opinions referred to in the preceding Article are stated, the project proponent must take them into account and review the matters dealt within the EIS, and if the project proponent agrees such matters need to be revised (limited in the case that the project would fall in a target project after such revision), the project proponent must take measures stipulated in items according to the classifications of the relevant revision listed in the following items:

(2)When an environmental impact assessment was conducted pursuant to the provisions of item (iii) of the preceding paragraph, the project proponent must correct the EIS, pursuant to the order of the competent ministry in the each type of projects referred to in Article 2, paragraph (2), item (i), (a) through (m), based on the results of the relevant environmental impact assessment and the environmental impact assessment relating to EIS.

(3)The project proponent, except when falling under paragraph (1), item (i), must send an EIS after the correction pursuant to the provisions of item (ii) of the same paragraph or the preceding paragraph (when it is found that corrections are not necessary, then a notice to that effect), according to the categories of the EIS listed in items of Article 22, paragraph 1, to the persons specified in the relevant items.

Article 26(1)When the person designated in the items of Article 22, paragraph (1) (excluding the Minister of the Environment) is a person listed in the following items, that person, after receiving a submission or notice pursuant to the provisions of paragraph (3) of the preceding Article, must take the measures specified in the following items:

(2)When making a submission or notice pursuant to the provisions of paragraph (3) of the preceding Article, the project proponent must promptly submit to the related prefectural governors and related mayors the EIS (the corrected EIS, when the EIS is corrected pursuant to the provisions of paragraph (1), item (ii) or paragraph (2) of the same Article, the same applies to the following Article and Articles 33 through 38), a document summarizing the EIS, and the documents specified in Article 24 (in the following Article and Article 41, paragraphs (2) and (3), referred to as "EIS, etc.")

Article 27The project proponent, when making a submission or notice pursuant to the provisions of Article 25, paragraph (3), must make a public notice, pursuant to the Order of the Ministry of the Environment, on the fact that an EIS has been prepared and other items pursuant to the Order of the Ministry of the Environment, and must make the EIS, etc. available for public inspection in the related area for one month from the date of the public notice, and make public also through the use of the internet or other means, according to the Order of the Ministry of the Environment

Article 38-6(1)Regarding a class-1 project stipulated in a city plan pursuant to the City Planning Act (Act No. 100 of 1968) as an urban development project prescribed in the provisions of Article 4, paragraph (7) of the same Act (hereinafter referred to as "urban development project"), or a class-1 project which urban facilities are stipulated in the city plan pursuant to the provisions of the same Act as the urban facilities prescribed in Article 4, paragraph (5) of the same Act (hereinafter referred to as "urban facilities"), the examination of items for a primary environmental impact consideration at the early stage and other procedures pursuant to the provisions of Article 3-2 through Article 3-9 as well as environment impact assessment and other procedures pursuant to the provisions of Articles 5 through Article 38 is conducted, pursuant to paragraph (3), Article 40 paragraph (2), Article 41, Article 43, Article 44 paragraphs (1), (2) and (5) through (7), and Article 46, instead of the project proponent who intends to implement the class-1 project, in conjunction with making a decision or revision of the city plan relating to the relevant class-1 project or the relevant urban facilities, by the person who makes the decision or revision in the relevant city plan, (hereinafter collectively referred to as "city plan stipulator") in the prefectures and municipalities referred to in Article 15, paragraph (1), or in the designated cities referred to in Article 87-2, paragraph (1) (in the case of Article 22, paragraph (1) of the same Act, the Minister of Land, Infrastructure, Transport and Tourism prescribed in the same paragraph or the municipalities (pursuant to the provisions of Article 85-2 of the same Act, when the authority of the Minister of Land, Infrastructure, Transport and Tourism referred to in Article 22, paragraph (1) of the same Act is delegated to either the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, the director of the relevant Regional Development Bureau or the director of the Hokkaido Regional Development Bureau)), or in the municipalities making the decision or revision in city plan with the provisions of Article 51, paragraph (1) of the Act on Special Measures Concerning Urban Renaissance (Act No. 22 of 2002). In this case, the provisions in Article 3-3, paragraph (2), Article 3-9, paragraph (1) item (iii) and paragraph (2), Article 5, paragraph (2), Article 14, paragraph (2), and Article 30, paragraph (1) , item (iii) and paragraph (2) do not apply.

(2)Regarding a class-2 project stipulated in city plan pursuant to the City Planning Act as an urban development project prescribed in the provisions of the same Act, or a class-2 project which urban facilities are stipulated in city plan pursuant to the provisions of the same Act as the urban facilities, the examination of items for a primary environmental impact consideration at the early stage and other procedures referred to in Chapter II, Section 1, may be performed by a city plan stipulator relating to the relevant city plan instead of the project proponent who intends to implement the relevant class-2 project, pursuant to the following paragraph, Article 44, paragraphs (3) and (4).In this case, Article 3-3, paragraph (2), and Article 3-9, paragraph (1), item (iii) and paragraph (2), which are applied pursuant to the provisions of Article 3-10, paragraph (2), are not applied.

(3)Regarding the application of the provisions of Chapter 2II, Section 1 (except Article 3-3, paragraph (2), and Article 3-9, paragraph (1) item (iii) and paragraph (2)) if a city plan stipulator conducts the examination of items for a primary environmental impact consideration at the early stage and other procedures pursuant to the provisions of paragraph (1) or the preceding paragraph, the phrase "...a class-1 project, a person who intends to implement a project (for a project carried out by the national government, the head of the administrative organ (including local branch office) which intends to implement the target project for a target project carried out by the national government) or the person who intends to entrust for a target project in the case of entrustment; the same applies hereinafter)" in Article 3-2, paragraph (1), is deemed to be replaced with "a class-1 project related to a city plan where the relevant class-1 project or related urban facilities are stipulated in the relevant city plan pursuant to the provisions of the City Planning Act (Act No. 100 of 1968) (hereinafter referred to as "cass-1 project in a city plan"), a city plan stipulator referred to in Article 38-6, paragraph 1 (hereinafter referred to as a "city plan stipulator")"; the phrase "a person who intends to implement a class-1 project" in Article 3-3, paragraph (1), is deemed to be replaced with "a city plan stipulator"; the phrase "The name and address of the person who intends to implement a class-1 project (in the case of a corporation, its name, the name of its representative, and the address of its principal office)" in the same paragraph is deemed to be replaced with "its name"; the term "a class-1 project" in item (ii) of the same paragraph is deemed to be replaced with "class-1 project in city plan"; the phrase "a person intends to implement a class-1 project" in Article 3-4, paragraph (1), Article 3-6, Article 3-7 paragraph (1), and Article 3-9, paragraph (1) is deemed to be replaced with "a city plan stipulator"; the phrase "the class-1 project will not be implemented" in the same paragraph is deemed to be replaced with "the class-1 project in a city plan will not be stipulated into a city plan"; the phrase "a person who intends to implement a class-2 project (for a project implemented by the national government, the head of the administrative organ (including local branch office) which intends to implement the target project for a target project carried out by the national government) or a person who intends to entrust for a target project in the case of entrustment; the same applies hereinafter)" in Article 3-10, paragraph (1) is deemed to be replaced with "a city plan stipulator prescribed in Article 38-6, paragraph (2) (hereinafter in this Article referred to as "city plan stipulator regarding class-2 project"); the phrase "the person intends to implement the relevant class-2 project" is deemed to be replaced with "the relevant city plan stipulator regarding class-2 project"; the phrase " the person intends to implement the class-2 project" in the paragraph (2) of the same article is deemed to be replaced with "city plan stipulator regarding class-2 project"; the phrase "a person who is intends to implement a class-1 project" is deemed to be replaced with "a city plan stipulator"; the phrase "the provisions of Articles 3-2 through the preceding Article are applied" is deemed to be replaced with "the provisions of Article 3-2 through the preceding Article as applied by replacing terms and phrases pursuant to the provisions of Article 3-8, paragraph (3) are applied. In this case, the phrase "a class-1 project or facilities related to the class-1 project" in Article 3-2, paragraph (1) as applied by replacing the phrases pursuant to the provisions of the same paragraph are deemed to be replaced with "a class-2 project referred to in Article 40, paragraph (1),"; the phrase "a class-1 project" is deemed to be replaced with "a class-2 project,"; the phrase "a class-1 project in city plan" is deemed to be replaced with "a class-2 project,"; the phrase "a class-1 project in city plan" is deemed to be replaced with "a class-2 project in city plan,"; the term "a class-1 project in a city plan" in Article 3-3, paragraph (1), item (ii) as applied by replacing terms and phrases pursuant to the provisions of Article 38-6, paragraph (3), is deemed to be replaced with "a class-2 project in a city plan," and the phrase "a class-1 project in city plan" in Article 3-9, paragraph (1), item (i) as applied by replacing term and phrases pursuant to the provisions of Article 38-6, paragraph (3)" is deemed to be replaced with "a class-2 project in a city plan."

Article 39(1)Regarding a class-2 project stipulated in city plan pursuant to the provisions of the City Planning Act as an urban development project prescribed in the same Act, or a class-2 project whose urban facilities are stipulated in city plan pursuant to the provisions of the same Act, submission of a notification pursuant to the provisions of Article 4, paragraph (1), (including the preparation of a document pursuant to the provisions of the latter half of this paragraph. The same applies to the following paragraph) is conducted, pursuant to the provisions of the following paragraph through paragraph (4), by a city plan stipulator related to the relevant city plan instead of the person who intends to implement the relevant class-2 project.

(2)Regarding the application of the provision of Article 4 in the case where a city plan stipulator submits a notification pursuant to the provisions of the preceding paragraph, the term "A person who intends to implement a class-2 project" in paragraph (1) in the same Article is deemed to be replaced with "a city plan stipulator, when stipulating a class-2 project or facilities related to a class-2 project in city plan in accordance with the provisions of the City Planning Act"; the term "order of the competent ministry" is deemed to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the term "the name and location (in the case of a corporation, its name and the name of its representative, the location of its principal office)" is deemed to be replaced with "the name of the city plan stipulator"; the term "name, etc." is deemed to be replaced with "name, etc. of organization"; the term "the respective categories of class-2 project" is deemed to be replaced with "the respective categories of a class-2 project related to the relevant city plan"; the term "the person specified in" is deemed to be replaced with "the person (if the relevant city plan requires an consent pursuant to the provisions of Article 18, paragraph (3) of the City Planning Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act), Article 19, paragraph (3) (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act, and as applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1) or Article 87-2, paragraph (4) of the same Act), or an consent required by the provisions of Article 51, paragraph (2) of the Act on Special Measures concerning Urban Renaissance (Act No. 22 of 2002) (hereinafter referred to as "consent to a city plan"), the Minister of Land, Infrastructure, Transport and Tourism who issues an consent to a city plan (in a case where, pursuant to the provisions of Article 85-2 in the City Planning Act or of Article 126 in the Act on Special Measures concerning Urban Renaissance, the authority, regarding consent to a city plan, of the Minister of Land, Infrastructure, Transport and Tourism is delegated to either the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, then the relevant director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau), or prefectural governor(s) (hereinafter referred to as "a person authorized to give consent to city plan") and the person(s) responsible for the type of class-2 project related to the relevant city plan according to the categories listed in each items)"; the phrase "when the person intends to implement a class-2 project set forth in item (iv) or (v) is the competent minister as set forth in the item (iv) or (v), the competent minister" is deemed to be replaced with "the city plan stipulator related to a city plan that does not require consent to city plan, then a person referred to in the following items"; the phrase "instead of" is deemed to be replaced with "in conjunction with"; the term "The person(s) identified" in paragraph (3) of the same Article is deemed to be replaced with "The person(s) identified, and a person authorized to give consent to city plan, or a city plan stipulator referred to in the latter half of the same paragraph"; the term "order of the competent ministry" is deemed to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism,"; the phrase "and the prefectural governors referred to in the preceding paragraph (regarding the latter half of paragraph (1), the prefectural governors referred to in the preceding paragraph)" in items (i) and (ii) in the same paragraph is deemed to be replaced with "the prefectural governor(s) referred to in the preceding paragraph and the person intends to implement the relevant class-2 project (in the case of the latter half of paragraph (1), the prefectural governor(s) referred to in the preceding paragraph and the person intends to implement the relevant class-2 project"; the phrase "intends to implement the relevant project" in the paragraph 4 of the same Article, is deemed to be replaced with "intends to stipulate the relevant project or the facilities related to the relevant project into a city plan pursuant to the provisions of the City Planning Act"; the phrase "paragraph (3), item (ii)" is deemed to be replaced with "Article 29, paragraph (2) as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2)"; the phrase "Article 3, paragraph (2)" in paragraph (5) of the same Article is deemed to be replaced with "By all of a person specified in each item of paragraph (1) and a person authorized to give consent to a city plan, or a city plan stipulator in the latter half of the same paragraph, Article 3, paragraph (2)"; the phrase "Article 29, paragraph (2)" is deemed to be replaced with "Article 29, paragraph (2) as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2)"; the phrase "until a measure...is taken... (when persons prescribed in each item of paragraph (1) relating to the relevant class-2 project are two or more, until the required measures are taken by all of all persons prescribed in the relevant items)" is deemed to be replaced with "until... are taken"; the phrase "A person intends to implement a class-2 project" in paragraph (6) of the same Article is deemed to be replaced with "a city plan stipulator"; the phrase "when the person ... is not the responsible minister as prescribed in item (iv) or (v) of the same paragraph....this Act" is deemed to be replaced with "this Act,"; the phrase "the items of the same paragraph" is deemed to be replaced with "the items of the same paragraph when the city plan related to the notification requires to obtain consent to a city plan"; the phrase "notify in writing...the persons set forth in...and when the person is the competent minister, the minister must prepare a document to that effect." is deemed to be replaced with "notify in writing the persons set forth in...and the person authorized to give consent to a city plan, and if consent to a city plan is not required, then notify in writing the persons set forth in the items of the same paragraph according to the types of class-2 project referred to in the relevant items"; the phrase "a person receiving....preparing a document pursuant to the same paragraph ....relating to that notice or document" is deemed to be replaced with "a person receiving... the relevant notice"; the phrase "send .... the notice or the document to the prefectural governors" is deemed to be replaced with "send .... the notice to the prefectural governors and the person intends to implement the relevant classs-2 project"; the phrase "preparation of the relevant notice or document" in paragraph (8) of the same Article 4 is deemed to be replaced with "the notice"; the term "order of the competent ministry" in paragraph (9) of the same Article is deemed to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism,"; the phrase "with the Minister of the Environment" is deemed to be replaced with "and the Minister of Land, Infrastructure, Transport and Tourism ....with the Minister of the Environment"; the phrase "to be adopted by" in paragraph (10) of the same Article is deemed to be replaced with "to be adopted by ... and also by the Minister of Land, Infrastructure, Transport and Tourism."

(3)When there is a document on a primary environmental impact consideration prepared by a person who intends to implement a class-2 project for which measures referred to in Article 4, paragraph (3), item (i) as applied by replacing words and phrases pursuant to the provisions of the preceding paragraph have been taken (except class-2 projects for which measures referred to in Article 4, paragraph (3), item (ii) as applied mutatis mutandis pursuant to the provisions of the same Article 4, paragraph (4) as applied by replacing words and phrases pursuant to the provisions of the preceding paragraph and to the provisions of Article 29, paragraph (2) as applied by replacing terms and phrases pursuant to the provisions of the following Article, paragraph (2)), the person who intends to implement the relevant class-2 project is to send the relevant document on a primary environmental impact consideration to the city plan stipulator.

(4)In the case of the preceding paragraph, any examination of the items for a primary environmental impact consideration at the early stage and other procedures conducted by a person who intends to implement a class-2 project before submission of a document on a primary environmental impact consideration is deemed to have been conducted by the city plan stipulator, and any examination of the items for a primary environmental impact consideration at the early stage and other procedures conducted against the person who intends to implement the class-2 project is deemed to have been conducted against the city plan stipulator.

Article 40(1)Regarding a class-2 project (limited to a target project; hereinafter the same applies in this paragraph and Article 44, paragraph (3)) stipulated in a city plan pursuant to the provisions of the City Planning Act as urban development project prescribed in the same Act, or a class-2 project whose facilities are stipulated as urban facilities in city plan pursuant to the provisions of the same Act, any procedures of the environmental impact assessment and other procedures required by the provisions of Articles 5 through 38 are conducted, pursuant to the provisions of the following paragraph, Article 41, Article 43, Article 44 and Article 46, by the city plan stipulator related to the relevant city plan, instead of the project proponent related to the relevant class-2 project, in conjunction with the procedure for making decision or revision of the city plan related to the relevant class-2 project or the related urban facilities (hereinafter referred to as "class-2 project, etc.").In this case, the provisions of Article 5, paragraph (2), Article 14, paragraph (2), Article 30, paragraph (1), item (iii) and Article 30, paragraph (1), item (iii) and paragraph (2) are not applied.

(2)Regarding the application of the provisions of Articles 5 through 38 (except Article 5, paragraph (2), Article 14, paragraph (2), Article 30, paragraph (1), item (iii) and paragraph (2)) if a city plan stipulator conducts an environmental impact assessment and other procedures in pursuant to the provisions of Article 38-6, paragraph (1) or the preceding paragraph, the term "the project proponent" in Article 5, paragraph (1) is deemed to be replaced with "the city plan stipulator"; the phrase "the environmental impact assessment .... relating to the target project" is deemed to be replaced with "the environmental impact assessment relating to a class-1 project or class-2 project related to a city plan where the relevant class-1 project or related facilities referred to in Article 38-6, paragraph (1) or class-2 project, etc. referred to in Article 40, paragraph (1) (in Article 28 and Article 30, paragraph (1), item (i), referred to as a "target project, etc.") is stipulated in the relevant city plan pursuant to the provisions of the City Planning Act (hereinafter referred to as a "target project in a city plan"); the phrase "order of the competent ministry according to" is deemed to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism according to"; the phrase "The name and location of the project proponent (in the case of a corporation, its name, the name of its representative, and the address of its principal office)" in the same paragraph, item (i) is deemed to be replaced with "the name of the city plan stipulator"; the term "the target project" in the same paragraph, item (ii) is deemed to be replaced with "the target project in city planning"; the phrase "in which the target project" in the same paragraph, item (iii) is deemed to be replaced with "in which the target project in city plan"; the term" the project proponent" in the same paragraph, item (vi) is deemed to be replaced with "the city plan stipulator"; the phrase "an environmental impact assessment of the target project" in the same paragraph, item (vii) is deemed to be replaced with "an environmental impact assessment of the target project in city plan"; the term "the project proponent" and also the term "the target project" in Article 6, paragraph (1) are deemed to be replaced with "the city plan stipulator " and with "the target project in a city plan," respectively; the term "the project proponent" in Articles 7 through 10 and Article 11, paragraph (1) is deemed to be replaced with "the city plan stipulator"; the term "the target project" in the same paragraph of Article 11 is deemed to be replaced with "the target project in a city plan"; the term "the project proponent" in the same Article, paragraph (2) and (3) is deemed to be replaced with "the city plan stipulator"; the terms "the project proponent" and "the target project" in Article 12, paragraph (1) and in Article 14, paragraph (1) are deemed to be replaced with "the city plan stipulator" and "the target project in a city plan, "respectively; the term "order of the competent ministry" in the same paragraph is deemed to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the terms "the project proponent" and "the target project" in Article 15 are deemed to be replaced with "the city plan stipulator" and "the target project in a city plan," respectively; the term "the project proponent" in Articles 16 through 20, and Article 21, paragraph (1), is deemed to be replaced with "the city plan stipulator"; the term "the target project" in the same paragraph, item (iii), is deemed to be replaced with "the target project in a city plan"; the terms "the project proponent" and "order of the competent ministry" in the same Article, paragraph (2), are deemed to be replaced with "the city plan stipulator" and "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism," respectively; the terms "the project proponent" and "the persons designated in" in Article 22, paragraph (1), are deemed to be replaced with "the city plan stipulator" and "the persons (if a city plan related to an EIS requires consent to a city plan, a person authorized to give consent to city plan and the persons designated in the following items, according to the category of the EIS)" respectively; the phrases "(except the Minister of the Environment)" and "after receiving" in the same Article, paragraph (2),are deemed to be replaced with "(except the Minister of the Environment), or a person authorized to give consent to a city plan or a city plan stipulator related to a city plan which does not require consent to a city plan" and "after receiving or sending;" respectively; the phrases "the persons listed in," "to the project proponent" and "when the Minister of the Environment has expressed any opinions pursuant to Article 23" in Article 24 are deemed to be replaced with "the persons listed in...and also a person authorized to give consent to city plan," "to the city plan stipulator... and when the Minister of the Environment has expressed any opinions pursuant to Article 23, such opinions must be taken into consideration by the relevant person," and "the person designated in each item in Article 22, paragraph (1), is to express their opinions via the person authorized to give consent to a city plan, and when the relevant person authorized to give consent to a city plan has any opinion," respectively; the terms "the project proponent" and "take them into consideration" in Article 25, paragraph (1), are deemed to be replaced with "the city plan stipulator" and "take them (if the city plan stipulator is the Minister of Land, Infrastructure, Transport and Tourism, or the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, then the opinions expressed pursuant to the provisions of the same Article as well as the opinions of the Minister of the Environment expressed to the relevant city plan stipulator pursuant to the provisions of Article 23) into consideration," respectively; the term "the target project" in the same paragraph, item (iii), is deemed to be replaced with "the target project in city plan"; the terms "the project proponent" and "order of the competent ministry" in the same Article, paragraph (2), are deemed to be replaced with "the city plan stipulator" and "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism," respectively; the terms and phrases "the project proponent" and "must ... to the persons listed in" in the same Article, paragraph (3), are deemed to be replaced with "the city plan stipulator" and "must......to the persons (if a city plan related to an EIS requires consent to a city plan, the person authorized to give consent to a city plan and the persons designated in the following items of the same paragraph, according to the categories of the EIS). In this case, when the city plan stipulator is the Minister of Land, Infrastructure, Transport and Tourism or the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, or prefectures, then such procedure is taken through the deliberation of Prefectural City Planning Councils, and when the city plan stipulator is comprised of municipalities, such a procedure is then followed through the deliberation of Municipal City Planning Councils (when such a Municipal City Planning Council is not established in the relevant municipalities, then the relevant procedure is followed through the deliberation of Prefectural City Planning Council of the prefecture to which the relevant municipalities belong) is listed in," respectively; the terms "(except the Minister of the Environment)" and "after receiving" in Article 26, paragraph (1), are deemed to be replaced with "(except the Minister of the Environment), or a person authorized to give consent to city plan or a city plan stipulator related to a city plan which does not require consent to city plan" and "after receiving or sending;" respectively; the terms "the project proponent," "and the related mayors" and "paragraph (1), item (ii)...of the same Article" are deemed to be replaced with "the city plan stipulator," "...the related mayors and the person who intends to implement a class-1 project referred to in Article 38-6, paragraph (1), or the project proponent referred to in Article 40, paragraph (1)," and "paragraph (1), item (ii)...of the preceding Article," respectively; the term "the project proponent" in Article 27 and 28 is deemed to be replaced with "the city plan stipulator"; the phrase "seeks to revise" in the same Article is deemed to be replaced with "seeks to incorporate the target project, etc. into a city plan pursuant to the provisions of the City Planning Act by revising the relevant target project, etc."; the terms and phrases "the project proponent," "intends to revise" and "Article 4, paragraph (1)" in Article 29, paragraph (1),are deemed to be replaced with "the city plan stipulator," "intends to incorporate a project or facilities related to such project into a city plan pursuant to the provisions of the City Planning Act after revising the relevant project" and "Article 4, paragraph (1) as applied by replacing terms and phrases pursuant to the provisions of Article 39, paragraph (2)," respectively; the phrases "Article 4, paragraph (2), " and "the same Article, paragraph (3), item (i)" in the same Article 29, paragraph (2), are deemed to be replaced with "Article 4, paragraph (2) as applied by replacing terms and phrases pursuant to the provisions of Article 39, paragraph (2)," and "Article 4, paragraph (3), item (i) as applied by replacing terms and phrases pursuant to the provisions of Article 39, paragraph (2)," respectively; the terms and phrases "Article 4, paragraph (3), item (ii)" and "the proponent" in the same Article 4, paragraph (3), are deemed to be replaced with "the city plan stipulator" and "Article 4, paragraph (3), item (ii) as applied by replacing terms and phrases pursuant to the provisions of Article 39, paragraph (2)," respectively; the term "the project proponent" in Article 30, paragraph (1), is deemed to be replaced with "the city plan stipulator"; the phrase "the target project will not be implemented" in Article 30, paragraph (1), item (i) is deemed to be replaced with "the target project, etc. will not be incorporated into a city plan"; the term "issues" in Article 31, paragraph (1), is deemed to be replaced with "is issued"; the term "has issued" in the same Article 31, paragraph (2) and (3), is deemed to be replaced with "has been issued"; the term "issues" in the same paragraph, is deemed to be replaced with "is issued"; the terms "has issued" and "paragraph (2) of the preceding Article" in the same Article, paragraph (4), are deemed to be replaced with "has been issued" and "Article 30, paragraph (2)," respectively; the term "has issued" in Article 32, paragraph (1), is deemed to be replaced with "has been issued."

Article 40-2Regarding the application of the provisions of Articles 38-2 through 38-5, if a city plan stipulator conducts an environment impact assessment and other procedures pursuant to the provisions of the preceding Article, paragraph (2), the phrase "The project proponent who issued a public notice under the provisions of Article 27 (when the relevant project proponent transferred the project prior to the implementation of the business, then the new project proponent)" in Article 38-2, paragraph (1), is deemed to be replaced with "the person intends to implement the class-1 project referred to in Article 38-6, paragraph (1) who has received an EIS referred to in Article 26, paragraph (2), applied as replacement pursuant to the provisions of Article 40, paragraph (2), or the project proponent referred to in Article 40, paragraph (1) (if the project has been transferred to a new project proponent prior to the implementation of the relevant project, then the new project proponent; hereinafter referred to as a "city planning proponent"); the phrase "the project proponent referred to in the preceding Article, paragraph (1)" in Article 38-3, paragraph (1), is deemed to be replaced with "the city planning proponent"; the phrase "the project proponent referred to in Article 38-2, paragraph (1)" in Article 38-5, is deemed to be replaced with "the city planning proponent."

Article 41(1)A public notice to be issued by a city plan stipulator pursuant to the provisions of Article 16 or Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2), is made in conjunction with a public notice to be issued, pursuant to the provisions of Article 17, paragraph (1) of the City Planning Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act and also the cases where it is applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1) of the same Act), related to the city plan stipulated by those persons, or with a public notice to be issued pursuant to the provisions of Article 20, paragraph (1) of the same Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act and also the cases where it is applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1) of the same Act).

(2)In making a draft EIS and its summary available for public inspection pursuant to the provisions of Article 16 applied as replacement pursuant to the provisions of Article 40, paragraph (2), the city plan stipulator (except the Minister of Land, Infrastructure, Transport and Tourism (in a case where, pursuant to the provisions of Article 85-2 of the City Planning Act, the authority of the Minister of Land, Infrastructure, Transport and Tourism referred to in Article 22, paragraph (1) of the same Act is delegated to either the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, the relevant director of the Regional Development Bureau or the Hokkaido Regional Development Bureau, the same applies in the following paragraph)) also is to make available for public inspection with a proposed city plan referred to in Article 17, paragraph (1) of the City Planning Act, regarding a city plan stipulated by these persons, and in the case of making the EIS, etc. available for public inspection pursuant to the provisions of Article 27 as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2), is to also make available for public inspection with drawings and documents referred to in Article 14, paragraph (1) of the City Planning Act, pursuant to the provisions of Article 20, paragraph (2) of the same Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act) regarding the city plan stipulated by these persons.

(3)In the case of making a draft EIS and its summary available for public inspection pursuant to the provisions of Article 16 applied as replacement pursuant to the provisions of Article 40, paragraph (2), The Minister of Land, Infrastructure, Transport and Tourism stipulating a city plan related to a target project, also is to make available for public inspection with a proposed city plan, referred to in Article 17, paragraph (1) of the City Planning Act, regarding the city plan stipulated by the Minister of Land, Infrastructure, Transport and Tourism, or in the case of making an EIS, etc. available for public inspection pursuant to the provisions of Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2), is to send the relevant EIS, etc. to prefectural governors, and also to make available for inspection by the relevant prefectural governor(s) the relevant EIS, etc., with copies of drawings and documents referred to in Article 14, paragraph (1) of the City Planning Act, pursuant to the provisions of Article 20, paragraph (2) of the same Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act), regarding the city plan stipulated by the Minister of Land, Infrastructure, Transport and Tourism.

(4)The city plan stipulator, if it is difficult to determine whether the opinions expressed, in the case where the draft EIS was made available for public inspection along with the proposed city plan pursuant to the provisions of the preceding two paragraphs, are regarding either to the written opinions on the relevant draft EIS or to the written opinions on the city plan pursuant to the provisions of Article 17, paragraph (2) of the City Planning Act (including the when applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act and also the cases when it is applied as replacement pursuant to the provisions of Article 22, paragraph (1) of the same Act), is to deem the opinions regarding to both cases and apply each relevant act.

(5)When the city plan stipulator is in process of conducting an environmental impact assessment and other procedures pursuant to Article 40, paragraph (1), the city plan stipulator is to submit city plan drafts to the Prefectural City Planning Council or the Municipal City Planning Council pursuant to Article 25, paragraph (3) applied as a replacement pursuant to the provisions of Article 40, paragraph (2), in conjunction with a submission to the Prefectural City Planning Council pursuant to the provisions of Article 18, paragraph (2) of the City Planning Act (including cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act and also cases where it is applied as replacement pursuant to the provisions of Article 22, paragraph (1) of the same Act), or to the Municipal City Planning Council or the Prefectural City Planning Council pursuant to the provisions of Article 19, paragraph (2) (including cases where applied mutatis mutandis pursuant to the provisions of Article 21, paragraph (2) of the same Act).

Article 42(1)Regarding the application of the provisions of Articles 17, paragraph (1) and paragraph (2) of the City Planning Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act and also the cases where it is applied as replacement pursuant to the provisions of Article 22, paragraph (1) of the same Act) related to a proposed city plan in cases where a draft EIS is made available for public inspection along with the relevant proposed city plan pursuant to the provisions of the preceding Article, paragraphs (2) and (3), the term "two weeks" in Article 17, paragraph (1) of the same Act is deemed to be replaced with "one month," and the phrase "expiration of the period of public inspection" in Article 17, paragraph (2) of the same Act is deemed to be replaced with "the date of two weeks after the next day of expiration of the period of public inspection."

(2)In stipulating a target project, etc. in a city plan, the city plan stipulator is to give due consideration to a possible impact of the implementation of the target project related to the relevant city plan, and ensure to protect the environment, according to the matters detailed in an EIS referred to in Article 27 as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph (2) (referred to in the following paragraph as an "EIS"), beyond complying with the provisions of the City Planning Act.

(3)Regarding the city plan referred to in the preceding paragraph, in giving consent pursuant to Article 18, paragraph (3) of the City Planning Act (including cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act), Article 19, paragraph (3) of the same Act (including cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act, and also including the cases where it is applied as replacement pursuant to the provisions of Article 22, paragraph (1), or Article 87, paragraph (2), item (iv) of the same Act), or Article 51, paragraph (2) of the Act on Special Measures concerning Urban Renaissance (in this paragraph and Article 45, referred to as a "consent to a city plan"), the Minister of Land, Infrastructure, Transport and Tourism (in a case where, pursuant to the provisions of Article 85-2 of the City Planning Act or the provisions of Article 126 of the Act on Special Measures concerning Urban Renaissance, the authority concerning consent to a city plan of the Minister of Land, Infrastructure, Transport and Tourism is delegated to either the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, then the relevant director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau), or the prefectural governor (in Article 45, referred to as "a person authorized to give consent to city plan") must review whether due consideration is given to the environmental conservation in the relevant city plan, based on the matters described in the EIS and a document referred to in Article 24 applied as replacement pursuant to the provisions of Article 40, paragraph (2),.

Article 43(1)If a city plan stipulator intends to change a city plan in relation to changes in the matters listed in Article 5, paragraph (1), item (ii) applied as replacement pursuant to the provisions of Article 40, paragraph (2), after the public notice has been issued in pursuant to Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2), the relevant city plan stipulator, instead of the project proponent related to the changes in the relevant matters, is to conduct an environmental impact assessment and other procedures required by the provisions of Article 31, paragraphs (2) and (3), in conjunction with the procedures for changing the relevant city plan.

(2)Regarding the application of the provisions of Article 31, paragraph (2) and (3) in the case referred to in the preceding paragraph, the phrase "a project proponent ...Article 27" in paragraph (2) of the same Article is deemed to be replaced with "the city plan stipulator.....Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2)"; the phrase "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 5, paragraph (1), item (ii) applied as replacement pursuant to the provisions of Article 40, paragraph (2)"; the term "modify" is deemed to be replaced with "modify a city plan related to the modification of"; the phrase "the relevant modification" is deemed to be replaced with "the modification of the relevant matters"; the phrase "The provisions of paragraph 1....Article 27" in paragraph (3) of the same Article is deemed to be replaced with "The provisions of Article 31, paragraph (1)....the city plan stipulator has made .....pursuant to the provisions of Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2)"; the phrase "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 5, paragraph (1), item (ii) applied as replacement pursuant to the provisions of Article 40, paragraph (2)"; the term "the relevant project" is deemed to be replaced with "a project related to a city plan in cases where the relevant city plan, related to the relevant project, will be modified"; the term "a project proponent" is deemed to be replaced with "a project proponent related to a city plan"; the term "in paragraph (1)" is deemed to be replaced with "in Article 31, paragraph (1)"; the term "Article 27" is deemed to be replaced with "Article 27 applied as replacement pursuant to the provisions of Article 40, paragraph (2)"; the term "issues" is deemed to be replaced with "is issued"; the phrase "limited to...issues" is deemed to be replaced with "limited to...to be issued"; the term "issues" is deemed to be replaced with "is issued"; the phrase "Article 21, paragraph (1)" is deemed to be replaced with "Article 21, paragraph (1) applied as replacement pursuant to the provisions of Article 40, paragraph (2)."

Article 44(1)During the period between a publication as required by Article 3-4, paragraph (1) and a public notice as required by Article 7 by a person who intends to implement a class-1 project, when a city plan stipulator who intends to stipulate the class-1 project related to the relevant publication in a city plan sent a notice thereof to the project proponent who intends to implement the relevant class-1 project and a person who received a document on primary environmental impact consideration or scooping document from the project proponent who intends to implement the relevant class-1 project, the person who intends to implement the class-1 project is to send, to the relevant city plan stipulator, the relevant document on primary environmental impact consideration and document referred to in Article 3-6 in case when a scoping document related to the relevant class-1 project has not been prepared, or the relevant scoping document in a case where such a scoping document has already been prepared.In this case, with regard to the class-1 project pertaining to the relevant city plan, the provisions of Article 38-6, paragraph (1), are applied from the time of the receipt of the relevant document on primary environmental impact consideration and the document referred to in Article 3-6 or the relevant scoping document by the city plan stipulator.

(2)In the case of the preceding paragraph, any examination of the items for a primary environmental impact consideration at the early stage and other procedures conducted by the person who intends to implement a class-1 project prior to the receipt of such notice is deemed to have been conducted by the city plan stipulator, and any procedures followed for the person who intends to implement the class-1 project are deemed to have been carried out for the city plan stipulator.

(3)During the period between the preparation of a scoping document by a project proponent related to a class-2 project, pursuant to the provisions of Article 5, and a public notice issued as required by Article 7, when the city plan stipulator who intends to stipulate the class-2 project related to the relevant scooping document in a city plan sent a notice thereof to the relevant project proponent, the person who have received the document on primary environmental impact consideration from the relevant project proponent (limited to the cases where the relevant project proponent has submitted the document on primary environmental impact consideration pursuant to the provisions of Article 3-4, paragraph), and the person who have received a notification prepared pursuant to the provisions of Article 4, paragraph (1) from the relevant project proponent and the prefectural governor referred to in paragraph (2) of the same Article (in cases where the project proponent has already submitted the relevant scoping document pursuant to the provisions of Article 4, paragraph (1), the project proponent, the person who has received a notification pursuant to the provisions of Article 4, paragraph (1), and the person who has received the scoping document), the provisions of Article 40, paragraph (1) in relation to the target project regarding the relevant city plan is applied from the time the project proponent has received the notification.In this case, the project proponent must promptly submit the relevant scoping document to the city plan stipulator.

(4)In the case of the preceding paragraph, any environmental impact assessment and other procedures conducted by the project proponent prior to the receipt of such notice are deemed to have been conducted by the city plan stipulator, and any procedures followed for the project proponent is deemed to have been carried out for the city plan stipulator.

(5)During the period between a public notice issued as required by Article 7 by a project proponent and a public notice issued as required by the preceding Article 16 by the same project proponent, when the city plan stipulator who intends to incorporate a target project, etc. related to these public notices into city plan has sent a notice thereof to the project proponent and the person who have received the document on a primary environmental impact consideration, a scoping document or a draft EIS from the relevant project proponent (in cases where the relevant target project related to these public notices is a class-2 project, then these persons and the person who have received a notification pursuant to the provisions of Article 4, paragraph (1)), the project proponent is to promptly submit to the city plan stipulator a draft EIS after preparing the draft EIS in the case where such draft EIS has not been prepared, or in the case where such draft EIS has been prepared, then submit such draft EIS immediately.In this case, with regard to the target project related to the relevant city plan, the application of the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1), is applied from the time the city plan stipulator has received the relevant draft.

(6)The provisions of paragraph (4) is applied mutatis mutandis to the procedures followed prior to the submission pursuant to the provisions of the preceding paragraph.

(7)During the period between a public notice issued as required by Article 16 by a project proponent and a public notice issued as required by the Article 27 by the same project proponent, when a public notice is issued pursuant to the provisions of Article 17, paragraph (1) of the City Planning Act in relation to the city plan referred to in paragraph (5), an environmental impact assessment and other procedures is subsequently conducted as required by the provisions of Chapter V and VI, and the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1) does not apply. In this case, the project proponent, after issuing a public notice as required by Article 27, must promptly submit an EIS referred to in the same Article (in the following Article, referred to as an "EIS") regarding the relevant public notice to the city plan stipulator.

Article 45(1)The city plan stipulator who has received an EIS, pursuant to the provisions of paragraph (7) of the preceding Article, must send the relevant EIS to the person authorized to give consent to city plan, if consent to a city plan is required when the city plan stipulator intends to stipulate a city plan referred to in the same paragraph.

(2)Regarding the city plan referred to in the preceding paragraph, if the provisions of Article 18 of the City Planning Act (including cases when applied mutatis mutandis pursuant to the provisions of Article 21, paragraph (2) of the same Act, and with regard to Article 18, paragraph (1) and (2) of the same Act, including the cases when they are applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1)), or the provisions of Article 19, paragraphs (1) through (4) of the same Act (including the cases where applied mutatis mutandis pursuant to the provisions of Article 21, paragraph (2) of the same Act, and with regard to Article 19, paragraph (3) of the same Act, including cases when it is applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1), and with regard to Article 19, paragraph (3) (including the cases where it is applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act), including cases when it is applied by replacing terms and phrases pursuant to the provisions of Article 8-7, paragraph (4), and with regard to Article 19, paragraph (4), including the cases where it is applied by replacing terms and phrases pursuant to the provisions of Article 22, paragraph (1) of the same Act) are applied, the provisions of Article 42, paragraph (2) apply mutatis mutandis to the case where target project, etc. related to the EIS, received by the city plan stipulator pursuant to the provisions of the preceding Article, paragraph (7), will be incorporated into a city plan, and the provisions of Article 42, paragraph (3) apply mutatis mutandis to the case when the person authorized to give consent to a city plan provides consent to a city plan related to the relevant city plan.In this case, the phrase "as applied by replacing terms and phrases pursuant to the provisions of Article 40, paragraph 2" in the same Article, paragraph 2 is deemed to be replaced with "received the document pursuant to the provisions of Article 44, paragraph (7)"; the phrase "the city plan referred to in the preceding paragraph" in the same Article, paragraph (3), is deemed to be replaced with "the city plan referred to in Article 45, paragraph (1)"; and the phrase "based on the matters described in.....a document referred to in Article 24 applied as replacement pursuant to the provisions of Article 40, paragraph (2)" is deemed to be replaced with "the matters described in."

Article 46(1)The city plan stipulator may request, to the person who intends to implement a class-2 project or project proponent, necessary cooperation including provision of materials for conducting an environmental impact assessment and other procedures, attendance to a scoping document explanatory meeting and a draft EIS explanatory meeting, etc. referred to in Articles 38 through 41, Articles 43 and 44.

(2)The project proponent, who is the head of an administrative organ of the national government (including a local branch of the administrative organ) responsible for the implementation of a target project, or a corporation referred to in Article 2, paragraph (2), item (ii), (c), or others specified by cabinet order, is to conduct the necessary environmental impact assessment if the city plan stipulator makes a request thereof.

Article 47In this Section, the following Chapter and Supplementary Provisions, "port environmental impact assessment" means the process of conducting survey, forecast and evaluating, according to items pertaining to environmental components, the likely impact of developing, utilization and preservation of a port as well as preservation of the surrounding area of that port (in this Section referred to as "port development, etc.") incorporated into a port plan (hereinafter referred to as a "port plan") prescribed in Article 3, paragraph (3), item (i) of the Port and Harbor Act (Act No. 218 of 1950) pertaining to an International Container Hub Port, International Hub Port, or Major Port prescribed in Article 2, paragraph (2) of the same Act, will have on the environment (hereinafter referred to as "port environmental impact", studying possible environmental protection measures relating to the relevant port development, etc. incorporated into a port plan and assessing the overall port environmental impact when such measures are taken.

Article 48(1)In determining a port plan or modifying a port plan, the port management body referred to in Article 2, paragraph (1) of the Port and Harbor Act (hereinafter referred to as a "port management body"), if a port plan falls under a large scale landfill and other conditions prescribed in cabinet order, must conduct a port environment impact assessment and follow other procedures pursuant to the provisions of the following paragraph and paragraph (3), regarding to the relevant determined or modified port plan (hereinafter referred to as a "targeted port plan").

(2)The provisions of Chapters IV through VII (except Article 14, paragraph (1), item (iv) and paragraph (2), Articles 22 through 26, and Article 30, paragraph (1), item (3) and paragraph (2)) and Article 31, paragraphs (1) through (3) are applied mutatis mutandis to a port environmental impact assessment and other procedures pursuant to the provisions of the preceding paragraph.In this case, the term "environmental impact assessment" in the title of Chapter IV is deemed to be replaced with "port environment impact assessment"; the term "environmental impact assessment" in the title of Article 11 is deemed to be replaced with "port environment impact assessment"; the term "The project proponent" in paragraph (1) of the same Article is deemed to be replaced with "the port management body referred to in Article 48, paragraph (1) (hereinafter referred to as a "port management body)"; the phrase "When the opinions pursuant to paragraph (1), (4), or (5) of the preceding Article are stated, the project proponent, while taking into account the opinions, as well as the opinions stated pursuant to Article 8, paragraph (1), must review the matters listed in Article 5, paragraph (1), item (vii), "...pursuant to order of the competent ministry prescribed for each type of projects listed in Article 2, paragraph (2), item (1), (a) through (m)." is deemed to be replaced with "pursuant to order of the competent ministry"; the term "environmental impact assessment of the target project" is deemed to be replaced with "a port environment impact assessment referred to in Article 47 (hereinafter referred to as a "port environmental impact assessment") relating to port development, etc. (hereinafter referred to as "port development, etc."), prescribed in the same Article 47, incorporated into a targeted port plan referred to in the same paragraph (hereinafter referred to as a "targeted port plan")"; the term "the project proponent" in the same Article, paragraph (2) and (3) is deemed to be replaced with "the port management body"; the term "the target project," in the same Article, paragraph (4) is deemed to be replaced with "port development, etc. incorporated into a targeted port plan"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the phrase "the competent minister (where the competent minister is the head of external bureau of Cabinet Office, then the Prime Minister)" is deemed to be replaced with "the competent minister"; the term "an Environmental Impact Assessment" in the title of Article 12 is deemed to be replaced with "a port environmental impact assessment"; the term "the project proponent" in the same Article, paragraph (1) is deemed to be replaced with "the port management body"; the phrase "order of the competent ministry in each types of projects specified by Article 2, paragraph (2), items (i), (a) through (m)," is deemed to be replaced with "order of the competent ministry"; the term "an environmental impact assessment of the target project" is deemed to be replaced with "a port environment impact assessment relating to port development, etc. incorporated into a targeted port plan" ; the term "an environmental impact assessment" in the same Article 12, paragraph (2) is deemed to be replaced with "a port environmental impact assessment"; the phrase "the competent minister (where the competent minister is the head of external bureau of Cabinet Office, the Prime Minister)" in Article 13 is deemed to be replaced with "the competent minister"; the term "the project proponent" in Article 14, paragraph (1) is deemed to be replaced with "the port management body"; the term "the target project" is deemed to be replaced with "the relevant port development, etc. incorporated into the targeted port plan"; the term "an environmental impact assessment" is deemed to be replaced with" a port environmental impact assessment"; the phrase "of the environmental impact assessment" is deemed to be replaced with "of the port environmental impact assessment"; the phrase "order of the competent ministry applicable to the types of projects referred to in Article 2, paragraph (2), item (i), (a) through (m)" is deemed to be replaced with "Order of the Competent Ministry"; the term "a draft environmental impact statement" is deemed to be replaced with "a draft port environmental impact statement"; the phrase "Matters listed in Article 5, paragraph (1), items (1) through (6)" in the same paragraph, item (i) is deemed to be replaced with "The name and address of the port management body"; the phrase "An outline of the opinions referred to in Article 8, paragraph (1)" in the same paragraph, item (ii) is deemed to be replaced with "The purpose and content of a targeted port plan"; the phrase "opinions of the prefectural governor as referred to in Article 10, paragraph (1), or opinions by the mayor of the city designated by cabinet order referred to in paragraph (4) of the same Article, and the opinions that the prefectural governor state, if any, as referred to in paragraph (5) of the same Article" in the same paragraph, item (iii) is deemed to be replaced with "The general conditions of the area for possible implementation of port development, etc. incorporated into the targeted port plan and its surroundings"; the phrase "the content....of the environmental impact" in the same paragraph, item (vii) (a) is deemed to be replaced with "the content .....of the port environmental impact referred to in Article 47 (hereinafter referred to as "port environmental impact"); the term "the project proponent" in Article 15 is deemed to be replaced with "the port management body"; the phrase "the order of the competent ministry prescribed in Article 6, paragraph (1)" is deemed to be replaced with "the order of the competent ministry to be established by the competent minister in consultation with the Minister of the Environment regarding the matters that should serve as the standards for determining the scope of an appropriate area in seeking opinions, from the standpoint of environmental conservation, on a port environment impact assessment relating to port development, etc. incorporated into a targeted port plan"; the term "environmental impacted by the target project" is deemed to be replaced with "environmental impacted by the port development, etc. incorporated into the targeted port plan"; the phrase "hereinafter referred to as "related area," where is recognized to be added to the area, prescribed in Article 6, paragraph (1), on the basis of opinions stated pursuant to Article 8, paragraph (1) and Article 10, paragraph (1), (4) or (5) and also on the basis of the results of the environmental impact assessment conducted pursuant to Article 12, paragraph (1)" is deemed to be replaced with "hereinafter referred to as "related area,"; the term "the project proponent" in Article 16 is deemed to be replaced with "the port management body"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the term "the project proponent" in Article 17, Article 18, paragraph (1), Article 19, Article 20, paragraph (1), and paragraphs (3) through (6), and Article 21, paragraph (1) is deemed to be replaced with "the port management body"; the phrase "the project after such revision falls under the target project" in the same paragraph is deemed to be replaced with "the port plan after such revision falls under the targeted port plan"; the term "Article 5 paragraph (1), item (ii)" in the same paragraph, item (i) is deemed to be replaced with "Article 14, paragraph (1),item (ii)"; the term "the scale of the project" is deemed to be replaced with "the scale of the port development, etc. incorporated into the port plan"; the term "Articles 5" is deemed to be replaced with "Article 11"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the phrase "Article 5, paragraph (1) item (i), or in Article 14, paragraph (1) item(ii) through (iv), and item (vi) or item (viii)" in the same paragraph, item (ii) is deemed to be replaced with "Article 14, paragraph (1), item (i), (vi) or (viii)"; the phrase "the following Article through Article 27" is deemed to be replaced with "Article 27"; the term "the environmental impact assessment" is deemed to be replaced with "the port environmental impact assessment"; the phrase "an environmental impact assessment of the target project" in the same paragraph, item (iii) is deemed to be replaced with "a port environment impact assessment of port development, etc. incorporated into a targeted port plan"; the term "the project proponent" in the same Article, paragraph (2) is deemed to be replaced with "the port management body"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the term "the relevant environmental impact assessment" is deemed to be replaced with "the relevant port environmental impact assessment"; the phrase "an environmental impact assessment ...thereof" is deemed to be replaced with ""a port environmental impact assessment ...thereof"; the term "the environmental impact statement" is deemed to be replaced with "the port environmental impact statement"; the phrase "hereinafter through Article 26 and in Articles 29" is deemed to be replaced with "Article 27"; the phrase "order of the competent ministry applicable to the types of projects referred to in Article 2, paragraph (2), item (i), (a) through (m)" is deemed to be replaced with "order of the competent ministry"; the term "the project proponent" in Article 27 is deemed to be replaced with "the port management body"; the phrase "a submission or notice pursuant to the provisions of Article 25, paragraph (3)" is deemed to be replaced with "preparing an EIS pursuant to the provisions of Article 21, paragraph (2)"; the term "the EIS, etc." is deemed to be replaced with "the EIS and its summary"; the term "a Target Project" in the title of Chapter VII is deemed to be replaced with "a Targeted Port Plan"; the term "the Contents of a Project" in the title of Article 28 is deemed to be replaced with "the contents of a port plan"; the term "Environmental Impact Assessment" is deemed to be replaced with "Port Environmental Impact Assessment"; the term "a project proponent" in the same Article is deemed to be replaced with "a port management body"; the term "Article 7" is deemed to be replaced with "Article 16"; the term "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "Article 21, paragraph (1) or of Article 25, paragraph (1)" is deemed to be replaced with "Article 21, paragraph (1)"; the phrase "when the project ....a target project" is deemed to be replaced with "when the port plan....targeted port plan"; the term "for the project" is deemed to be replaced with "for the port development, etc. incorporated into the port plan"; the term "in Articles 5 through" is deemed to be replaced with "in Article 11 through"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the term "the scale of the project" is deemed to be replaced with "the scale of the port development, etc. incorporated into the port plan"; the term "Abandonment of a Target Project" in the title of Article 30 is deemed to be replaced with "Abandonment of a Decision, etc. concerning a Targeted Port Plan"; the term "the project proponent" in the same Article, paragraph (1) is deemed to be replaced with "the port management body"; the term "Article 7" is deemed to be replaced with "Article 16"; the term "a scoping document, a draft EIS" is deemed to be replaced with "a draft EIS"; the phrase "not to implement the target project" in the same paragraph, item (i) is deemed to be replaced with "not to decide the targeted port plan or modify the targeted port plan after the decision"; the term "Article 5, paragraph (1), item (ii)" in the same paragraph, item (ii) is deemed to be replaced with "Article 14, paragraph (1),item (ii)"; the phrase "the project has become neither a class-1 project nor a class-2 project" is deemed to be replaced with "the port plan has ceased to become a targeted port plan"; the term "the Implementation of a target project" in the title of Article 31 is deemed to be replaced with "the decision made on a targeted port plan or modification of the targeted port plan after the decision has been made"; the term "a project proponent" in the same Article, paragraph (1) is deemed to be replaced with "a port management body"; the term "a target project" is deemed to be replaced with "a targeted port plan"; the term "or Article 25, paragraph (1), or Article 28" is deemed to be replaced with "or Article 28"; the phrase "the project is" is deemed to be replaced with "the port plan is"; the phrase "implement a target project.... )" is deemed to be replaced with "make a decision on a port plan (hereinafter the same applies in this Article) or modify the targeted port plan after the decision has been made"; the term "a project proponent" in the same Article, paragraph (2) is deemed to be replaced with "a port management body;" the term "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "the scale of the project" is deemed to be replaced with "the scale of the port development, etc. incorporated into the port plan"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the term "Article 5, paragraph (1), item (ii)" in the same Article, paragraph (3) is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the phrase "implement a target project" is deemed to be replaced with "make a decision on a targeted port plan or modify a targeted port plan the after the decision has been made related to the relevant port plan"; the term "an environmental impact assessment" is deemed to be replaced with "a port environmental impact assessment"; the term "the project proponent" is deemed to be replaced with "the port management body."

(3)In making a decision on a targeted port plan or modifying a targeted port plan after a decision has been made, the port management body is to give due consideration, to a possible port environment impact related to the port development, etc. incorporated into the relevant port plan, and ensure to protect the environment, according to the matters detailed in a port EIS referred to in Article 21, paragraph (2) as applied mutatis mutandis pursuant to the provisions of the preceding paragraph, beyond complying with the provisions of the Port and Harbor Act.