Act on Special Measures Concerning Nuclear Emergency Preparedness(Act No. 156 of 1999)
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Act on Special Measures Concerning Nuclear Emergency Preparedness (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Act No. 156 of December 17, 1999
Table of Contents
Chapter I General Provisions (Articles 1 to 6)
Chapter I-2 NRA Guide for Emergency Preparedness and Response (Article 6-2)
Chapter II Obligations of Nuclear Licensees to Prevent Nuclear Disasters (Articles 7 to 14)
Chapter III Issuance of a Declaration of a Nuclear Emergency and Establishment of a Nuclear Emergency Response Headquarters (Articles 15 to 24)
Chapter IV Implementation of Emergency Response Measures (Articles 25 and 26)
Chapter V Post-Disaster Measures (Articles 27 to 27-6)
Chapter VI Miscellaneous Provisions (Articles 28 to 36)
Chapter VII Penal Provisions (Articles 37 to 40)
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to strengthen Nuclear Disaster control measures, thereby protecting the lives, bodies, and properties of citizens from the consequences of a Nuclear Disaster, taking into consideration the particularity of a Nuclear Disaster; in conjunction with the Act on the Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors (Act No. 166 of 1957; hereinafter referred to as the "Reactor Regulation Act"), the Basic Act on Disaster Management (Act No. 223 of 1961), and other Acts concerning Nuclear Disaster Prevention, by providing special measures to comply with the obligations, etc. of Nuclear Licensees to prevent Nuclear Disasters, the issuance of a Declaration of a Nuclear Emergency and the establishment, etc. of a Nuclear Emergency Response Headquarters, and the implementation of Emergency Response Measures and other matters relating to a Nuclear Disaster.
(Definitions)
Article 2In this Act, the meanings of the terms set forth in the following items are as prescribed respectively in those items:
(i)the term "Nuclear Disaster" means damage caused to the lives, bodies or properties of citizens due to a Nuclear Emergency;
(ii)the term "Nuclear Emergency" means a situation in which radioactive materials or radiation at an unusual level has been released outside the Nuclear Facility Site of a Nuclear Licensee (in the case of the transport of radioactive materials outside the Nuclear Facility Site [hereinafter referred to as "Transport Outside the Nuclear Facility Site"], released outside the vessel that is used for the transport of these materials) due to the operation of the reactor, etc. (i.e., the operation of the reactor, etc. prescribed in Article 2, paragraph (1) of the Act on Compensation for Nuclear Damage [Act No. 147 of 1961]; the same shall apply hereinafter) by the Nuclear Licensee;
(iii)the term "Nuclear Licensee" means a person or an organization that falls under any of the following criteria (excluding a person or an organization that has been designated by the Nuclear Regulation Authority [NRA] as a person or an organization that does not plan to use a facility for the operation of the reactor, etc. over the long term, pursuant to the provisions of a Cabinet Order).
(a)a person or an organization that has obtained permission for the operation of a fabrication or enrichment business pursuant to Article 13, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(b)a person or an organization that has obtained permission for the installation of a research and test reactor pursuant to Article 23, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act, but excluding permission for a research and test reactor installed on a ship);
(c)a person or an organization that has obtained permission for the installation of a power reactor pursuant to Article 43-3-5, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(d)a person or an organization that has obtained permission for the activity for storage of spent fuel pursuant to Article 43-4, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(e)a person or an organization that has been designated as a nuclear reprocessing business pursuant to Article 44, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(f)a person or an organization that has obtained permission for the operation of a radioactive waste disposal or storage business pursuant to Article 51-2, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(g)a person or an organization that has obtained permission for the use of nuclear fuel materials pursuant to Article 52, paragraph (1) of the Reactor Regulation Act (including cases where recognition is given to the State under the provisions of the referenced paragraph for which the terms and phrases have been replaced pursuant to the provisions of Article 76 of the Reactor Regulation Act) (limited to a person or an organization that is deemed to be obligated to establish an operational safety program pursuant to the provisions of Article 57, paragraph (1) of the Reactor Regulation Act).
(iv)the term "Nuclear Facility Site" means a factory or an operating site where a Nuclear Licensee operates a reactor, etc.;
(v)the term "Emergency Response Measures" means temporary measures that should be implemented in order to prevent the progression (expansion) of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) during the period from the issuance of a Declaration of a Nuclear Emergency under the provisions of Article 15, paragraph (2) to the issuance of a Declaration of the Cancellation of a Nuclear Emergency under the provisions of paragraph (4) of the same Article;
(vi)the term "Nuclear Disaster Prevention Measures" means measures that should be implemented to prevent the occurrence of a Nuclear Disaster;
(vii)the term "Post-Disaster Measures" means measures that should be implemented to prevent the progression (expansion) of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) or to promote Nuclear Disaster recovery efforts (excluding compensation by a Nuclear Licensee for nuclear damage prescribed in Article 2, paragraph (2) of the Act on Compensation for Nuclear Damage pursuant to the provisions of this Act) after the issuance of a Declaration of the Cancellation of a Nuclear Emergency under the provisions of Article 15, paragraph (4);
(viii)the term "Designated Government Organization" means a designated government organization prescribed in Article 2, item (iii) of the Basic Act on Disaster Management;
(ix)the term "Designated Local Government Organization" means a designated local government organization prescribed in Article 2, item (iv) of the Basic Act on Disaster Management;
(x)the term "Designated Public Corporation" means a designated public corporation prescribed in Article 2, item (v) of the Basic Act on Disaster Management;
(xi)the term "Designated Local Public Corporation" means a designated local public corporation prescribed in Article 2, item (vi) of the Basic Act on Disaster Management;
(xii)the term "Disaster Management Plan" means a disaster management plan prescribed in Article 2, item (vii) of the Basic Act on Disaster Management or a Disaster Management Plan for petroleum industrial complexes and other petroleum facilities prescribed in Article 31, paragraph (1) of the Act on the Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities (Act No. 84 of 1975).
(Responsibilities of a Nuclear Licensee)
Article 3A Nuclear Licensee shall be responsible for taking all possible measures to prevent the occurrence of a Nuclear Disaster pursuant to the provisions of this Act or any other relevant Act and for taking, in good faith, all necessary measures to prevent the progression (expansion) of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) and Nuclear Disaster recovery efforts.
(Responsibilities of the State)
Article 4(1)Pursuant to the provisions of this Act or any other relevant Act, the State shall fulfill its responsibilities under Article 3, paragraph (1) of the Basic Act on Disaster Management concerning Nuclear Disasters by establishing a Nuclear Emergency Response Headquarters, giving necessary instructions to local governments and taking other measures necessary for the implementation of Emergency Response Measures and those necessary for the implementation of Nuclear Disaster Prevention Measures and Post-Disaster Measures.
(2)To ensure the smooth implementation of Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures by a local government under the provisions of this Act, the head of a Designated Government Organization (if the Designated Government Organization is a committee or any other agency based on the council system; the same shall apply hereinafter except in Article 17, paragraph (7), item (iii)) and the head of a Designated Local Government Organization shall make recommendations and give advice to the relevant local government and implement other appropriate measures with regard to the functions under the jurisdiction of the relevant local government.
(3)In addition to exercising their authority appropriately under the provisions of this Act, the Prime Minister and the NRA shall give guidance and advice to the Nuclear Licensee and implement other appropriate measures to ensure that Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures are smoothly implemented by the Nuclear Licensee under the provisions of this Act.
Article 4-2In anticipation of a Nuclear Disaster caused by a large-scale natural disaster or a criminal act such as terrorism, the State shall be responsible for taking all possible measures to reinforce security systems, ensure thorough defense-in-depth at the Nuclear Facility Site, improve Countermeasures according to the degree of damage, and implement other Nuclear Disaster Prevention Measures to minimize the damage incurred. The State shall be responsible for taking all possible measures for the prevention of a nuclear disaster, including the strengthening of security systems, the thorough implementation of defense-in-depth at nuclear sites, and the development of countermeasures in accordance with the damage situation, from the viewpoint of minimizing the damage caused by a nuclear disaster, assuming the occurrence of a nuclear disaster due to a large-scale natural disaster, terrorism or other criminal acts.
(Responsibilities of a Local Government)
Article 5Pursuant to the provisions of this Act or any other relevant Act, a local government shall fulfill its responsibilities under Article 4, paragraph (1) and Article 5, paragraph (1) of the Basic Act on Disaster Management concerning the occurrence of a Nuclear Disaster by taking measures necessary for the implementation of Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures.
(Coordination and Cooperation among Relevant Organizations)
Article 6The State, local governments, Nuclear Licensees, Designated Public Corporations, and Designated Local Public Corporations shall cooperate with each other through the promotion of mutual coordination to ensure the smooth implementation of Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures.
Chapter I-2 Regulatory Guide for Emergency Preparedness and Response
Article 6-2(1)The NRA shall establish guidelines (hereinafter referred to as the "Regulatory Guide for Emergency Preparedness and Response" [NRA EPR Guide]) to ensure that Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures (referred to in the next paragraph as the "Nuclear Disaster Countermeasures") are smoothly implemented by the Nuclear Licensee, the head of a Designated Government Organization, and the head of a Designated Local Government Organization, local government, Designated Public Corporation, or Designated Local Public Corporation, and any other relevant person or organization, in conformance with the Basic Disaster Management Plan under the provisions of Article 2, item (8) of the Basic Act on Disaster Management.
(2)The NRA shall prescribe the following matters in the EPR Guide.
(i)Basic matters concerning measures to be implemented as Nuclear Disaster Countermeasures;
(ii)Matters concerning the implementation system for the Nuclear Disaster Countermeasures;
(iii)Matters concerning the establishment of the focus area for the Nuclear Disaster Countermeasures;
(iv)In addition to what is listed in the preceding three items, important matters concerning the smooth implementation of the Nuclear Disaster Countermeasures.
(3)When it prepares or revises the EPR Guide, the NRA shall immediately publicize this guide.
Chapter II Obligations of Nuclear Licensees to Prevent Nuclear Disasters
(Nuclear Licensee Emergency Preparedness and Response Plan)
Article 7(1)Pursuant to the provisions of the Cabinet Office Order and the NRA Regulation, the Nuclear Licensee shall prepare a Nuclear Licensee emergency preparedness and response plan for each of its Nuclear Facility Sites with regard to its Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures as well as other duties that are necessary for preventing the occurrence and progression (expansion) of a Nuclear Disaster and for promoting Nuclear Disaster recovery efforts, review its Nuclear Licensee emergency preparedness and response plan every year, and revise the plan where necessary. In this case, the Nuclear Licensee emergency preparedness and response plan shall not conflict with either the Local Disaster Management Plan prescribed in Article 2, item (x) of the Basic Act on Disaster Management or the Disaster Management Plan for petroleum industrial complexes and other petroleum facilities prescribed in Article 31, paragraph (1) of the Act on the Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities (referred to in the next paragraph as a "Local Disaster Management Plan, etc.").
(2)When a Nuclear Licensee prepares or revises a Nuclear Licensee emergency preparedness and response plan pursuant to the provisions of the preceding paragraph, the Nuclear Licensee shall, pursuant to the provisions of a Cabinet Order, confer in advance with the prefectural governor who has jurisdiction over the area where the relevant Nuclear Facility Site is located (hereinafter referred to as the "Competent Prefectural Governor"), the municipal mayor who has jurisdiction over this area (hereinafter referred to as the "Competent Municipal Mayor"), and the prefectural governors of prefectures that include a municipality neighboring a municipality that includes this area (excluding the Competent Prefectural Governor; hereinafter referred to as the "Related Neighboring Prefectural Governors"). In this case, the Competent Prefectural Governor and Related Neighboring Prefectural Governors shall hear the opinions of the mayors of related surrounding municipalities (i.e., the mayors of municipalities that have prepared a Local Disaster Management Plan, etc. [excluding those listed in Article 2, item (x), (a) or (c) of the Basic Act on Disaster Management] concerning Nuclear Disasters pertaining to the Nuclear Facility Site with regard to the relevant municipal area and that fulfill other requirements specified by the Cabinet Order [excluding the Competent Municipal Mayor]; the same shall apply hereinafter).
(3)When a Nuclear Licensee prepares or revises a Nuclear Licensee emergency preparedness and response plan pursuant to the provisions of paragraph (1), the Nuclear Licensee shall immediately notify the Prime Minister and the NRA of the plan and publicize the gist of the plan.
(4)If the Prime Minister and the NRA find a Nuclear Licensee to be in violation of the provisions of paragraph (1) or find the Nuclear Licensee emergency preparedness and response plan prepared by a Nuclear Licensee to be insufficient to prevent the occurrence or progression (expansion) of a Nuclear Disaster pertaining to the relevant Nuclear Facility Site, the Prime Minister and the NRA may order the Nuclear Licensee to prepare a Nuclear Licensee emergency preparedness and response plan or to revise its Nuclear Licensee emergency preparedness and response plan.
(On-Site Organization for Nuclear Emergency Preparedness)
Article 8(1)A Nuclear Licensee shall establish an on-site organization for Nuclear Emergency preparedness at each of its Nuclear Facility Sites.
(2)In accordance with the Nuclear Licensee emergency preparedness and response plan prescribed in paragraph (1) of the preceding Article, an on-site organization for Nuclear Emergency preparedness shall perform the necessary duties to prevent the occurrence or progression (expansion) of a Nuclear Disaster prescribed in the same paragraph.
(3)Pursuant to the provisions of the NRA Regulation, the Nuclear Licensee shall post Nuclear Disaster Management staff to carry out the duties prescribed in the preceding paragraph at its on-site organization for Nuclear Emergency preparedness.
(4)When the Nuclear Licensee posts Nuclear Disaster Management staff at its on-site organization for Nuclear Emergency preparedness, it shall notify the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, and the Related Neighboring Prefectural Governors of the current status thereof, pursuant to the provisions of the NRA Regulation. In this case, the NRA shall send a copy of the document pertaining to this notification to the Prime Minister, while the Competent Prefectural Governor and the Related Neighboring Prefectural Governors shall send a copy of the same document to the mayors of related surrounding municipalities.
(5)If the NRA finds a Nuclear Licensee to be in violation of the provisions of paragraph (1) or (3), the NRA may order the Nuclear Licensee to establish an on-site organization for Nuclear Emergency preparedness or post Nuclear Disaster Management staff.
(Nuclear Emergency Preparedness Manager)
Article 9(1)A Nuclear Licensee shall appoint a Nuclear Emergency Preparedness Manager for each of its Nuclear Facility Sites to manage the relevant on-site organization for Nuclear Emergency Preparedness.
(2)A person who manages and administers the operation of a Nuclear Facility Site shall serve as the Nuclear Emergency Preparedness Manager.
(3)A Nuclear Licensee shall appoint a Vice-Nuclear Emergency Preparedness Manager from among those in a managerial or supervisory position who are able to appropriately perform duties concerning the prevention of the occurrence or progression (expansion) of a Nuclear Disaster at the relevant Nuclear Facility Site and serve as an assistant to the Nuclear Emergency Preparedness Manager in managing the relevant on-site organization for Nuclear Emergency preparedness.
(4)If a Nuclear Emergency Preparedness Manager is not located within the relevant Nuclear Facility Site, the Nuclear Licensee shall have a Vice-Nuclear Emergency Preparedness Manager manage the relevant on-site organization for Nuclear Emergency Preparedness.
(5)When a Nuclear Licensee appoints a Nuclear Emergency Preparedness Manager or a Vice-Nuclear Emergency Preparedness Manager pursuant to the provisions of paragraph (1) or (3), the Nuclear Licensee shall notify the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, and the Related Neighboring Prefectural Governors of the appointment without delay, pursuant to the provisions of the NRA Regulation. The same shall apply to the dismissal of such a person. In this case, the NRA shall send a copy of the document pertaining to this notification to the Prime Minister.
(6)The provisions of the second sentence of paragraph (4) of the preceding Article shall apply mutatis mutandis to the notification set forth in the preceding paragraph.
(7)If the NRA finds a Nuclear Licensee to be in violation of the provisions of paragraph (1) or (3) or if a Nuclear Emergency Preparedness Manager or a Vice-Nuclear Emergency Preparedness Manager violates the provisions of this Act or any order issued based on this Act, the NRA may order the Nuclear Licensee to appoint a Nuclear Emergency Preparedness Manager or a Vice-Nuclear Emergency Preparedness Manager or to dismiss the relevant Nuclear Emergency Preparedness Manager or Vice-Nuclear Emergency Preparedness Manager.
(Obligation to Notify a Nuclear Emergency Preparedness Manager)
Article 10(1)If a Nuclear Emergency Preparedness Manager discovers or is notified that a radiation dose above the limit specified by a Cabinet Order has been detected, pursuant to the provisions of the Cabinet Order, near the border of an area where the Nuclear Facility Site is located or that an incident pursuant to the provisions of the Cabinet Order has occurred, the Manager shall promptly notify the Prime Minister, the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, and the Related Neighboring Prefectural Governors (in the case of an incident pertaining to Transport Outside the Nuclear Facility Site, the Prime Minister, the NRA, the Minister of Land, Infrastructure, Transport and Tourism, the prefectural governor, and the municipal mayor who has jurisdiction over the area where the incident occurred) of this excessive radiation dose, pursuant to the provisions of the Cabinet Office Order and the NRA Regulation (in the case of an incident pertaining to Transport Outside the Nuclear Facility Site, the Cabinet Office Order, the NRA Regulation, and the Ministry of Land, Infrastructure, Transport and Tourism Order) and the provisions of the Nuclear Licensee emergency preparedness and response plan. In this case, the Competent Prefectural Governor and the Related Neighboring Prefectural Governors shall notify the mayors of related surrounding municipalities of this excessive radiation dose.
(2)If a prefectural governor or the municipal mayor receives a notification pursuant to the provisions of the first sentence of the preceding paragraph, the prefectural governor or the municipal mayor may request the Prime Minister and the NRA (in the case of an incident pertaining to Transport Outside the Nuclear Facility Site, the Prime Minister, the NRA, and the Minister of Land, Infrastructure, Transport and Tourism; the same shall apply in this paragraph and Article 15, paragraph (1), item (1)) to dispatch expert officials for the purpose of ascertaining the situation, pursuant to the provisions of a Cabinet Order. In this case, the Prime Minister and the NRA shall dispatch officials who are found to be qualified.
(Preparation of a Radiation Measurement Facility and Other Necessary Materials and Equipment)
Article 11(1)In accordance with the requirements specified by the NRA Regulation, a Nuclear Licensee shall establish and maintain at its Nuclear Facility Site a radiation measurement facility that is necessary for issuing notifications under the provisions of the first sentence of paragraph (1) of the preceding Article.
(2)A Nuclear Licensee shall install, maintain, and check as necessary protection apparatus for radiation hazards, emergency communication devices, and any other materials and equipment that the on-site organization for Nuclear Emergency preparedness requires to perform its duties as specified by the Cabinet Office Order and the NRA Regulation (hereinafter referred to as "Materials and Equipment for Nuclear Disaster Management") in its on-site organization for Nuclear Emergency preparedness.
(3)When a Nuclear Licensee installs a radiation measurement facility pursuant to the provisions of paragraph (1) or installs Materials and Equipment for Nuclear Disaster Management pursuant to the provisions of the preceding paragraph, the Nuclear Licensee shall notify the Prime Minister, the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, and the Related Neighboring Prefectural Governors of the status of the facility or materials and equipment, pursuant to the provisions of the Cabinet Office Order and the NRA Regulation.
(4)The provisions of the second sentence of Article 8, paragraph (4) shall apply mutatis mutandis to the notification set forth in the preceding paragraph.
(5)When a Nuclear Licensee installs a radiation measurement facility pursuant to the provisions of paragraph (1), the Nuclear Licensee shall undergo an inspection conducted by the NRA with regard to the performance of the facility, pursuant to the provisions of the NRA Regulation.
(6)If the Prime Minister and the NRA find a Nuclear Licensee to be in violation of the provisions of paragraph (1) or (2), they may order the Nuclear Licensee to implement necessary measures for the installation, maintenance, or improvement of its radiation measurement facility or for the installation or the maintenance and checking of its Materials and Equipment for Nuclear Disaster Management.
(7)A Nuclear Licensee shall record the measurements for the radiation dose detected by a radiation measurement facility under paragraph (1) and publicize such values, pursuant to the provisions of the NRA Regulation.
(Designation of an Off-Site Center)
Article 12(1)For each Nuclear Facility Site, the Prime Minister shall designate a facility to serve as a center for the Emergency Response Measures taken by a person or an organization prescribed in Article 26, paragraph (2) and a center for the Post-Disaster Measures taken by a person or an organization prescribed in Article 27, paragraph (2), and this facility shall be located within the prefecture that includes the area where the relevant Nuclear Facility Site is located and must fulfill other requirements specified by the Cabinet Office Order (hereinafter referred to as an "Off-Site Center").
(2)When the Prime Minister designates an Off-Site Center or changes its designation, the Prime Minister shall hear in advance the opinions of the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, the municipal mayor who has jurisdiction over the location of the Off-Site Center (excluding the Competent Municipal Mayor), and the Nuclear Licensee pertaining to that Off-Site Center.
(3)The Prime Minister shall carry out the designation or change of designation prescribed in paragraph (1) by publishing a public notice to that effect in an official gazette.
(4)When a Nuclear Licensee is designated pursuant to paragraph (1), the Nuclear Licensee shall submit to the Prime Minister the materials specified by the Cabinet Office Order as materials necessary to enable a person or an organization prescribed in Article 26, paragraph (2) to implement Emergency Response Measures pertaining to the relevant Nuclear Facility Site and as materials necessary to enable a person or an organization prescribed in Article 27, paragraph (2) to implement Post-Disaster Measures pertaining to the relevant Nuclear Facility Site at the relevant Off-Site Center. The same shall apply if there has been a change to the content of any of the submitted documents.
(5)The Prime Minister shall keep the documents submitted pursuant to the provisions of the preceding paragraph at the relevant Off-Site Center.
(6)When the Prime Minister establishes or revises by the Cabinet Office Order pursuant to paragraphs (1) and (4), the Prime Minister shall hear the opinion of the NRA in advance.
(National Plan for Nuclear Emergency Response Drills)
Article 13(1)Nuclear emergency response drills pursuant to Article 48, paragraph (1) of the Basic Act on Disaster Management that have been applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) (excluding those carried out by each person responsible for disaster management as prescribed in the referenced paragraph pursuant to the provisions of a Disaster Management Plan or a Nuclear Licensee emergency preparedness and response plan) shall be carried out based on a plan prepared by the Prime Minister pursuant to the provisions of the Cabinet Office Order.
(2)A plan prepared pursuant to the provisions of the preceding paragraph shall include the following matters that are necessary for the implementation of Nuclear Emergency response drills:
(i)matters concerning the anticipation of a Nuclear Emergency;
(ii)matters concerning the operation stipulated in the provisions of Articles 10, 15 and 23;
(iii)in addition to what is listed in the preceding two items, matters necessary for promoting the implementation of Nuclear Disaster prevention measures.
(3)When the Prime Minister establishes or revises issued by the Cabinet Office Order pursuant to paragraph (1), the Prime Minister shall hear the opinion of the NRA in advance.
(Report on the Implementation Results of Nuclear Emergency Response Drills)
Article 13-2(1)A Nuclear Licensee shall provide the NRA with a report on the outcome of Nuclear Emergency response drills pursuant to the provisions of Article 48, paragraph (1) of the Basic Act on Disaster Management as applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) (excluding drills commonly conducted by the person responsible for disaster management as provided for in the referenced paragraph; the same shall apply in the next paragraph) and publicize its summary at the same time. In this case, the NRA shall send a copy of documents pertaining to the report to the Prime Minister.
(2)If the NRA finds upon receipt of the report pursuant to the preceding paragraph that the outcome of Nuclear Emergency response drills that are pertinent to the report is insufficient to prevent the occurrence or progression (expansion) of a Nuclear Disaster at the Nuclear Facility Site identified in the report, the NRA may order the Nuclear Licensee that submitted the report to make improvements to the method used for the Nuclear Emergency response drills and implement other necessary measures, based on the opinion of the Prime Minister.
(Cooperation with Other Nuclear Facility Sites)
Article 14If it is necessary for a Nuclear Licensee to implement Emergency Response Measures pertaining to the Nuclear Facility Site of another Nuclear Licensee, the Nuclear Licensee implementing these measures shall make efforts to dispatch Nuclear Disaster Management staff, lend Materials and Equipment for Nuclear Disaster Management, and provide any other cooperation necessary for implementing the Emergency Response Measures.
Chapter III Issuance of a Declaration of a Nuclear Emergency and Establishment of a Nuclear Emergency Response Headquarters
(Declaration of a Nuclear Emergency)
Article 15(1)If the NRA finds that a Nuclear Emergency falling under any of the following criteria has occurred, the NRA shall promptly report the necessary information concerning the situation to the Prime Minister, and submit to the Prime Minister a draft public notice under the provisions of the next paragraph as well as a draft instruction under the provisions of paragraph (3):
(i)the radiation dose specified by a Cabinet Order as being the condition for an unusual radiation dose is exceeded by the detected radiation dose pertaining to a notification received by the Prime Minister and the NRA pursuant to the provisions of the first sentence of Article 10, paragraph (1) or by the radiation dose detected at a radiation measurement facility using a measuring method specified by a Cabinet Order;
(ii)in addition to what is listed in the preceding item, an incident specified by a Cabinet Order as being an indicator of the occurrence of a Nuclear Emergency has occurred.
(2)If a report or submission is filed pursuant to the provisions of the preceding paragraph, the Prime Minister shall promptly issue a public notice describing the occurrence of a Nuclear Emergency and the following matters (hereinafter referred to as the "Declaration of a Nuclear Emergency"):
(i)the area where Emergency Response Measures should be implemented;
(ii)an overview of the Nuclear Emergency;
(iii)in addition to what is listed in the preceding two items, matters that need to be known by residents, visitors, and other persons as well as public and private organizations (hereinafter referred to as "Residents, etc.") in the area listed in item (i).
(3)If a report or submission is filed pursuant to the provisions of paragraph (1), the Prime Minister shall promptly instruct municipal mayors and prefectural governors who have jurisdiction over the area listed in item (i) of the preceding paragraph to issue instructions for evacuation or sheltering in place pursuant to the provisions of Article 60, paragraphs (1) and (6) of the Basic Act on Disaster Management as applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (2) or give these municipal mayors and prefectural governors other instructions concerning Emergency Response Measures.
(4)When the Prime Minister finds that, after issuing a Declaration of a Nuclear Emergency, it is no longer necessary to implement emergency measures in order to prevent the progression (expansion) of a Nuclear Disaster, the Prime Minister shall immediately issue a public notice describing the cancellation of the Declaration of a Nuclear Emergency and the following matters (hereinafter referred to as a "Declaration of the Cancellation of a Nuclear Emergency").
(i)the area where Post-Disaster Measures should be implemented;
(ii)in addition to what is listed in the preceding item, matters that need to be known by Residents, etc. in the area listed in item (i).
(Establishment of a Nuclear Emergency Response Headquarters)
Article 16(1)If the Prime Minister issues a Declaration of a Nuclear Emergency, the Prime Minister shall temporarily establish a Nuclear Emergency Response Headquarters within the Cabinet Office after holding deliberations in a cabinet meeting in order to promote Emergency Response Measures and Post-Disaster Measures Emergency Response Measures pertaining to the Nuclear Emergency (hereinafter referred to as the "Emergency Response Measures, etc."), notwithstanding the provisions of Article 40, paragraph (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999).
(2)When the Prime Minister establishes the Nuclear Emergency Response Headquarters, the Prime Minister shall promptly issue a public notice announcing the name of the Nuclear Emergency Response Headquarters, its location, and the expected duration of its establishment; furthermore, when the Nuclear Emergency Response Headquarters is abolished, the Prime Minister shall promptly issue a public notice announcing its abolition.
(Organization of a Nuclear Emergency Response Headquarters)
Article 17(1)The head of the Nuclear Emergency Response Headquarters shall be named the chairperson of the Nuclear Emergency Response Headquarters, and the Prime Minister (or in the event of the Prime Minister experiencing an accident, a Minister of State designated in advance by the Prime Minister) shall serve in this capacity.
(2)The chairperson of the Nuclear Emergency Response Headquarters shall manage the functions of the Nuclear Emergency Response Headquarters as well as direct and supervise the officials thereof.
(3)The Nuclear Emergency Response Headquarters shall have a vice chairperson (or chairpersons), members, and other officials.
(4)The Chief Cabinet Secretary, the Minister of the Environment, and the Chairman of the NRA (in the event of an incident pertaining to Transport Outside the Nuclear Facility Site, the Chief Cabinet Secretary, the Minister of the Environment, the Chairman of the NRA, and the Minister of Land, Infrastructure, Transport and Tourism) shall serve as the vice chairpersons of the Nuclear Emergency Response Headquarters.
(5)Notwithstanding the provisions of the preceding paragraph, the chairperson of the Nuclear Emergency Response Headquarters may, if there is a need to execute Emergency Response Measures and other activities accurately and promptly, appoint the vice chairperson of the Nuclear Emergency Response Headquarters based on the Prime Minister's nomination from among members of the Nuclear Emergency Response Headquarters, including Ministers of State other than the Chief Cabinet Secretary, the Minister of Environment (in the event of incidents relating to Transport Outside the Nuclear Facility Site, persons other than the Chief Cabinet Secretary, the Minister of the Environment, and the Minister of Land, Infrastructure and Transport), the State Minister of the Environment, or the ministers of state of other relevant ministries.
(6)The vice chairperson of the Nuclear Emergency Response Headquarters shall assist the chairperson of the Nuclear Emergency Response Headquarters and, in the event of the chairperson of the Nuclear Emergency Response Headquarters experiencing an accident, the vice chairperson shall be delegated the duties of the chairperson. If there are two or more vice chairpersons of the Nuclear Emergency Response Headquarters, they shall be delegated the duties of the chairperson in the order set in advance by the chairperson of the Nuclear Emergency Response Headquarters.
(7)The following persons shall serve as members of the Nuclear Emergency Response Headquarters:
(i)all Ministers of State other than the chairperson and the vice chairperson(s) of the Nuclear Emergency Response Headquarters;
(ii)the Deputy Chief Cabinet Secretary for Crisis Management;
(iii)a person appointed by the Prime Minister from among Ministers of State other than the vice chairperson(s) of the Nuclear Emergency Response Headquarters, the Parliamentary Vice-Ministers of the Environment, the Parliamentary Vice-Ministers of relevant ministries, or the heads of Designated Government Organizations other than the Ministers of State.
(8)The officials of the Nuclear Emergency Response Headquarters other than the vice chairperson(s) and the members of the Nuclear Emergency Response Headquarters shall be appointed by the Prime Minister from among the officials of the Cabinet Secretariat or Designated Government Organizations and the heads or officials of Designated Local Government Organizations.
(9)A local Nuclear Emergency Response Headquarters shall be established within the Nuclear Emergency Response Headquarters as an organization that conducts part of the functions of the Nuclear Emergency Response Headquarters as specified by the chairperson of the Nuclear Emergency Response Headquarters in the Emergency Response Measures implementation area (i.e., the area listed in Article 15, paragraph (2), item (i) [if this area has been changed pursuant to the provisions of Article 20, paragraph (6), the area after this change]; the same shall apply hereinafter) during the period from the issuance of a declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency as well as in the Post-Disaster Measures implementation area (i.e., the area listed in Article 15, paragraph (4), item (i) [if this area has been changed pursuant to the provisions of Article 20, paragraph (7), the area after this change]; the same shall apply hereinafter) after the Declaration of the Cancellation of a Nuclear Emergency. In this case, the provisions of Article 156, paragraph (4) of the Local Autonomy Act (Act No. 67 of 1947) shall not apply.
(10)The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to the local Nuclear Emergency Response Headquarters.
(11)The local Nuclear Emergency Response Headquarters prescribed in paragraph (2) of the preceding Article, as applied mutatis mutandis pursuant to the preceding paragraph, shall be established at an Off-Site Center designated pursuant to the provisions of Article 12, paragraph (1) with regard to a Nuclear Facility Site pertaining to the relevant Nuclear Emergency (if a Nuclear Emergency pertaining to Transport Outside the Nuclear Facility Site has occurred or there are any other special circumstances, a facility specified by the chairperson of the relevant Nuclear Emergency Response Headquarters taking into consideration the place where the Nuclear Emergency has occurred; the same shall apply in Article 23, paragraph (5)).
(12)The local Nuclear Emergency Response Headquarters shall have a chairperson, members, and other officials.
(13)The chairperson of the local Nuclear Emergency Response Headquarters shall take charge of the functions of the local Nuclear Emergency Response Headquarters under the orders of the chairperson of the relevant Nuclear Emergency Response Headquarters.
(14)The chairperson, members, and other officials of the local Nuclear Emergency Response Headquarters shall be appointed from among the vice chairperson(s), members, and other officials of the relevant Nuclear Emergency Response Headquarters based on designations by the chairperson of the relevant Nuclear Emergency Response Headquarters.
(Functions under the Jurisdiction of the Nuclear Emergency Response Headquarters)
Article 18The Nuclear Emergency Response Headquarters shall take charge of the following functions:
(i)functions related to the formulation of a policy for accurately and promptly executing Emergency Response Measures, etc.;
(ii)functions related to the comprehensive coordination of Emergency Response Measures that are implemented by the head of a Designated Government Organization, the head of a Designated Local Government Organization, and the head or any other executive agency of a local government, Designated Public Corporation, Designated Local Public Corporation, or on-site organization for Nuclear Emergency preparedness of a Nuclear Licensee in the Emergency Response Measures implementation area based on the Disaster Management Plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan;
(iii)functions related to the general coordination of Post-Disaster Measures in the Post-Disaster Measures implementation area, which can be enforced by the head of a Designated Government Organization, the head of a Designated Local Government Organization, and the head or any other executive agency of a local government, Designated Public Corporation, Designated Local Public Corporation, or on-site organization for Nuclear Emergency preparedness of a Nuclear Licensee based on the Disaster Management Plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan;
(iv)functions that fall under the authority of the chairperson of the Nuclear Emergency Response Headquarters pursuant to the provisions of this Act;
(v)in addition to what is listed in the preceding four items, functions that fall under the authority thereof pursuant to the provisions of the relevant laws and regulations.
(Delegation of the Authority of the Head of a Designated Government Organization)
Article 19(1)If a Nuclear Emergency Response Headquarters is established, the head of a Designated Government Organization may delegate, in whole or in part, the head's authority with respect to Emergency Response Measures, etc. to other officials of the Designated Government Organization or the heads or officials of relevant Designated Local Government Organizations who serve as officials of the Nuclear Emergency Response Headquarters.
(2)If the head's authority is delegated pursuant to the provisions of the preceding paragraph, the head of the Designated Government Organization shall promptly issue a public notice announcing this delegation of authority.
(Authority of the Chairperson of the Nuclear Emergency Response Headquarters)
Article 20(1)The chairperson of the Nuclear Emergency Response Headquarters may coordinate the exercising of the chairperson's authority by officials to whom this authority has been delegated pursuant to the provisions of the preceding Article within the Emergency Response Measures implementation area and the Post-Disaster Measures implementation area of the Nuclear Emergency Response Headquarters.
(2)If the chairperson of the Nuclear Emergency Response Headquarters finds it especially necessary for Emergency Response Measures and other activities to be implemented accurately and promptly in the Emergency Response Measures implementation area and the Post-Disaster Measures implementation area covered by the Nuclear Emergency Response Headquarters, the chairperson of the Nuclear Emergency Response Headquarters may, within the limits necessary, issue the required instructions to the heads of the relevant Designated Government Organizations and the heads of the relevant Designated Local Government Organizations as well as the officials of the Designated Government Organizations and the officials of the Designated Local Government Organizations to which the chairperson's authority has been delegated pursuant to the provisions of the preceding Article, the heads or any other executive agency of a local government, Designated Public Corporations, Designated Local Public Corporations, and Nuclear Licensees.
(3)The instructions issued by the chairperson of the Nuclear Emergency Response Headquarters pursuant to the provisions of the preceding paragraph shall exclude functions pertinent to the content of any judgment required for the NRA to ensure the safety of the nuclear operating site based on exclusive technical knowledge and expertise related to these functions within the scope of the NRA's administration.
(4)If the chairperson of the Nuclear Emergency Response Headquarters finds it necessary to request support from the Self-Defense Forces in order to implement Emergency Response Measures accurately and promptly in the Emergency Response Measures implementation area covered by the Nuclear Emergency Response Headquarters, the chairperson of the Nuclear Emergency Response Headquarters may request the Minister of Defense to dispatch the units, etc. prescribed in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954).
(5)If the chairperson of the Nuclear Emergency Response Headquarters finds it especially necessary for Emergency Response Measures and other activities to be implemented accurately and promptly in the Emergency Response Measures implementation area and the Post-Disaster Measures implementation area covered by the Nuclear Emergency Response Headquarters, the chairperson of the Nuclear Emergency Response Headquarters may request materials, information, advice, and other forms of necessary cooperation from the heads of the relevant Designated Government Organizations, the heads of the relevant Designated Local Government Organizations, the head or any other executive agency of a local government, Designated Public Corporations, Designated Local Public Corporations, Nuclear Licensees, and other parties concerned.
(6)In accordance with changes to the circumstances of a Nuclear Emergency, the chairperson of the Nuclear Emergency Response Headquarters may change the matters listed in Article 15, paragraph (2), items (i) and (iii) that have been publicized in the Declaration of a Nuclear Emergency pertaining to the Nuclear Emergency Response Headquarters by issuing a public notice.
(7)In accordance with the implementation status of the Post-Disaster Measures, the chairperson of the Nuclear Emergency Response Headquarters may change the matters listed in all items of Article 15, paragraph (4) that have been publicized in the declaration of the cancellation of a Nuclear Emergency by the Nuclear Emergency Response Headquarters by issuing a public notice.
(8)The chairperson of the Nuclear Emergency Response Headquarters may delegate, in whole or in part, the chairperson's authority under the provisions of the preceding seven paragraphs to the vice chairperson of the Nuclear Emergency Response Headquarters.
(9)The chairperson of the Nuclear Emergency Response Headquarters may delegate part of the chairperson's authority under the provisions of paragraphs (1), (2) and (5) (excluding the issuing of instructions to the heads of the relevant Designated Government Organizations pursuant to the provisions of paragraph (2)) to the chairperson of the local Nuclear Emergency Response Headquarters.
(10)If the chairperson of the Nuclear Emergency Response Headquarters delegates the chairperson's authority pursuant to the provisions of the preceding two paragraphs, the chairperson of the Nuclear Emergency Response Headquarters shall promptly issue a public notice announcing this delegation of authority.
(Abolition of the Nuclear Emergency Response Headquarters)
Article 21The Nuclear Emergency Response Headquarters shall be abolished when the establishment period of the Nuclear Emergency Response Headquarters expires.
(Mandatory Establishment of Prefectural and Municipal Disaster Management Headquarters)
Article 22(1)If a Declaration of a Nuclear Emergency is issued, prefectural governors and municipal mayors who have jurisdiction over the Emergency Response Measures implementation area pertaining to the Declaration of a Nuclear Emergency shall establish a prefectural disaster management headquarters as prescribed in Article 23, paragraph (1) of the Basic Act on Disaster Management or a municipal disaster management headquarters as prescribed in Article 23-2, paragraph (1) of the same Act with regard to the Nuclear Emergency.
(2)If a declaration of the cancellation of a Nuclear Emergency is issued with respect to a Nuclear Emergency, either the prefectural disaster management headquarters or the municipal disaster management headquarters set up pursuant to the provisions of the preceding paragraph by the governor or the mayor who has jurisdiction over the Post-Disaster Measures implementation area shall remain in place.
(Joint Council for Nuclear Emergency Response)
Article 23(1)If a Declaration of a Nuclear Emergency is issued, the local Nuclear Emergency Response Headquarters and the prefectural and municipal disaster management headquarters that have jurisdiction over the Emergency Response Measures implementation area pertaining to the Declaration of a Nuclear Emergency shall organize a Joint Council for Nuclear Emergency Response in order to exchange information on the Nuclear Emergency and cooperate with one another in their respective implementation of Emergency Response Measures.
(2)After a declaration of the cancellation of a Nuclear Emergency is issued pertaining to the relevant Nuclear Emergency, the Joint Council for Nuclear Emergency Response that has been organized pursuant to the provisions of the preceding paragraph shall survive as an organization to cooperate reciprocally in the implementation of the respective Post-Disaster Measures between the local Nuclear Emergency Response Headquarters and the prefectural/municipal disaster management headquarters that remain in place pursuant to the provisions of paragraph (2) of the preceding Article.
(3)A Joint Council for Nuclear Emergency Response shall consist of the following persons:
(i)a chairperson, members, and other officials of the local Nuclear Emergency Response Headquarters;
(ii)the chairpersons or vice chairpersons of the prefectural disaster management headquarters and members or other officials of the prefectural disaster management headquarters who have been delegated authority by the chairpersons of the prefectural disaster management headquarters;
(iii)the chairpersons or vice chairpersons of the municipal disaster management headquarters and members or other officials of the municipal disaster management headquarters who have been delegated authority by the chairpersons of the municipal disaster management headquarters.
(4)If a Joint Council for Nuclear Emergency Response finds it necessary, it may hold a conference that includes Designated Public Corporations, Nuclear Licensees, or any other council members responsible for the implementation of Nuclear Emergency Response Measures or Post-Disaster Measures in addition to the persons listed in the preceding paragraph.
(5)A Joint Council for Nuclear Emergency Response shall be established at an Off-Site Center.
(Exclusion from Application of the Basic Act on Disaster Management)
Article 24During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency, the provisions of Chapter II, Section 3 and Article 107 of the Basic Act on Disaster Management shall not apply to the Nuclear Emergency pertaining to the Declaration of a Nuclear Emergency.
Chapter IV Implementation of Emergency Response Measures
(Emergency Responses to Be Implemented by a Nuclear Licensee)
Article 25(1)If an incident specified by a Cabinet Order under Article 10, paragraph (1) occurs at the Nuclear Facility Site managed by a Nuclear Emergency Preparedness Manager, the Nuclear Emergency Preparedness Manager shall promptly have the on-site organization for Nuclear Emergency preparedness for the relevant Nuclear Facility Site implement the emergency responses necessary to prevent the occurrence or progression (expansion) of a Nuclear Disaster, pursuant to the provisions of a Nuclear Licensee emergency preparedness and response plan.
(2)Under the circumstances prescribed in the preceding paragraph, the Nuclear Licensee shall report an outline of the measures implemented under the provisions of the preceding paragraph to the Prime Minister, the NRA, the Competent Prefectural Governor, the Competent Municipal Mayor, and the Related Neighboring Prefectural Governors (in the event of an incident pertaining to Transport Outside the Nuclear Facility Site, the Prime Minister, the NRA, the Minister of Land, Infrastructure, Transport and Tourism, and the prefectural governor and municipal mayor who have jurisdiction over the place where the incident has occurred), pursuant to the provisions of the Nuclear Licensee emergency preparedness and response plan. In this case, the Competent Prefectural Governor and the Related Neighboring Prefectural Governors shall notify the mayors of related surrounding municipalities of the content of this report.
(Emergency Response Measures and Responsibilities for Their Implementation)
Article 26(1)Emergency response measures shall be implemented with regard to the following matters:
(i)Declaration of a Nuclear Emergency and other matters relating to the transmission of information regarding a Nuclear Disaster and a recommendation or instruction for evacuation;
(ii)measurement of the radiation dose and other matters relating to the collection of information regarding a Nuclear Disaster;
(iii)rescue of and aid for disaster victims and other matters relating to their protection;
(iv)matters relating to the development, confirmation, and emergency recovery of facilities and equipment;
(v)crime prevention, traffic control, and other matters relating to the maintenance of social order in the area affected by the relevant Nuclear Disaster;
(vi)matters relating to the securement of emergency transportation;
(vii)securement of food, medicine and other materials, measurement of the exposure to radiation of Residents, etc., removal of contamination caused by radioactive materials, and other matters relating to the implementation of emergency responses;
(viii)in addition to what is listed in the preceding seven items, matters relating to measures for preventing the progression (expansion) of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster).
(2)During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency, the heads of Designated Government Organizations, the heads of Designated Local Government Organizations, the heads or any other executive agency of a local government, Designated Public Corporations, and Designated Local Public Corporations, Nuclear Licensees, and other persons responsible for the implementation of Emergency Response Measures pursuant to the provisions of the relevant laws and regulations shall implement Emergency Response Measures pursuant to the provisions of the relevant laws and regulations, the Disaster Management Plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan.
(3)Pursuant to the provisions of the relevant laws and regulations, the Disaster Management Plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan, the Nuclear Licensee shall dispatch Nuclear Disaster Management staff, lend Materials and Equipment for Nuclear Disaster Management, and take other necessary measures to ensure the accurate and smooth implementation of Emergency Response Measures by the heads of Designated Government Organizations, the heads of Designated Local Government Organizations, and the heads or any other executive agency of a local government.
Chapter V Post-Disaster Measures
(Post-Disaster Measures and Responsibilities for Their Implementation)
Article 27(1)Post-disaster measures shall be implemented with regard to the following matters:
(i)investigation of the concentration of radioactive materials, the density of radioactive materials, or the radiation dose in the Post-Disaster Measures implementation area;
(ii)medical examinations and mental and physical health consultations for Residents, etc. and other measures relating to medical care;
(iii)public information activities concerning the status of contamination caused by radioactive materials in the Post-Disaster Measures implementation area for the purpose of preventing the stagnation of sales, etc. of goods resulting from a situation in which the status of contamination caused by radioactive materials remains unclear;
(iv)in addition to what is listed in the preceding three items, matters relating to measures for preventing the progression (expansion) of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) or promoting Nuclear Disaster recovery efforts.
(2)The heads of Designated Government Organizations, the heads of Designated Local Government Organizations, the heads or any other executive agency of a local government, Designated Public Corporations, and Designated Local Public Corporations, Nuclear Licensees, and other persons responsible for Post-Disaster Measures pursuant to the provisions of the relevant laws and regulations shall implement Post-Disaster Measures pursuant to the provisions of the relevant laws and regulations, the disaster prevention plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan.
(3)Pursuant to the provisions of the relevant laws and regulations, the Disaster Management Plan, the EPR guide, or the Nuclear Licensee emergency preparedness and response plan, the Nuclear Licensee shall dispatch Nuclear Disaster Management staff, lend Materials and Equipment for Nuclear Disaster Management, and take other necessary measures to ensure the accurate and smooth implementation of Post-Disaster Measures by the heads of Designated Government Organizations, the heads of Designated Local Government Organizations, and the head or any other executive agency of a local government.
(Evacuation Orders Issued by Municipal Mayors)
Article 27-2(1)If significant environmental contamination caused by radioactive materials is recognized and a Nuclear Disaster will or may occur due to the contamination, with the survey conducted pursuant to paragraph (1), item (i) of the preceding Article in the Post-Disaster Measures implementation area, the municipal mayors may, in recognition of the particular need to protect human life and health from this Nuclear Disaster and prevent the progression (expansion) of such Nuclear Disaster or the like (including the probability of the occurrence of a Nuclear Disaster), instruct residents, visitors, and other persons as deemed necessary in the district where the measures as deemed to be required within the Post-Disaster Measures implementation area to evacuate or shelter in place.
(2)If instructions to evacuate or shelter in place are issued pursuant to the provisions of the preceding paragraph, the municipal mayors may, where necessary, issue instructions regarding the evacuation or shelter destination, the designated emergency evacuation site, or other evacuation sites pursuant to Article 49-4, paragraph (1) of the Basic Act on Disaster Management, as applied by replacing the terms and phrases of the provisions in Article 28, paragraph (1).
(3)If significant environmental contamination caused by radioactive materials is recognized and a Nuclear Disaster will or may occur due to the contamination, with the survey conducted pursuant to paragraph (1), item (i) of the preceding Article in the Post-Disaster Measures implementation area, the municipal mayors may, in recognition that the evacuation could in fact jeopardize human life and health, and that the need is urgent in light of the situation, issue instructions requiring the implementation of sheltering indoors and other actions for ensuring safety urgently (hereafter referred as "Urgent Actions to Ensure Safety"), for residents, visitors, and other persons as deemed necessary in the district where the measures are deemed to be required within the Post-Disaster Measures implementation area.
(4)If the municipal mayors, pursuant to the provisions of paragraph (1), issue instructions to evacuate or shelter in place, designate the evacuation or shelter destination or, issue instructions to implement Urgent Actions to Ensure Safety pursuant to the provisions of the preceding paragraph, the mayors shall immediately report the relevant actions to the chairperson of the Nuclear Emergency Response Headquarters and the prefectural governor.
(5)If the evacuation proves to be unnecessary, the municipal mayors shall promptly publicize this matter. The provisions of the preceding paragraph shall apply mutatis mutandis to this case.
(Evacuation Orders Issued by Police Officers and Other Law Enforcement Officers)
Article 27-3(1)Under the circumstances prescribed in paragraph (1) or (3) of the preceding Article, if it is recognized that there is no leeway to wait for the municipal mayors to issue instructions for an evacuation or sheltering in place or the implementation of Urgent Actions to Ensure Safety, or upon the request of the municipal mayors, police officers or coast guard officers may, where necessary, issue instructions for an evacuation or sheltering in place or the implementation of Urgent Actions to Ensure Safety to residents, visitors, and other persons as deemed necessary in the district where the measures are deemed to be required within the Post-Disaster Measures implementation area.
(2)The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to the case in which police officers and coast guard officers issue instructions regarding safety measures such as evacuation or sheltering indoors, pursuant to the provisions of the preceding paragraph.
(3)If police officers and coast guard officers issue instructions, pursuant to the provisions of paragraph (1), for an evacuation or sheltering in place or the implementation of Urgent Actions to Ensure Safety, both the police officers and coast guard officers shall promptly notify the municipal mayor of these measures.
(4)The provisions of paragraphs (4) and (5) of the preceding Article shall apply mutatis mutandis to the municipal mayor who receives a notification pursuant to the preceding paragraph.
(Advice Issued by the Heads of Designated Government Organizations, etc.)
Article 27-4If the municipal mayor, pursuant to the provisions of Article 27-2, paragraph (1), intends to issue instructions to evacuate or shelter in place or to issue instructions to implement Urgent Actions to Ensure Safety, pursuant to the provisions of Article 27-2, paragraph (3), the mayor may, where necessary, ask the heads of Designated Government Organizations, the heads of Designated Local Government Organizations, or the prefectural governor for advice concerning affairs relevant to the instructions. In this case, the heads of Designated Government Organizations, the heads of Designated Local Government Organizations, or the prefectural governor shall offer necessary advice in relation to functions under their jurisdiction.
(Priority Use of Communication Equipment to Issue Evacuation Instructions)
Article 27-5The provisions of Article 57 of the Basic Act on Disaster Management shall apply mutatis mutandis to the case in which the municipal mayor issues instructions to evacuate or shelter in place, pursuant to Article 27-2, paragraph (1), or issues instructions to implement Urgent Actions to Ensure Safety, pursuant to the provisions of Article 27-2, paragraph (3).
(Right of the Municipal Mayor to Establish a Restricted Area)
Article 27-6(1)If significant environmental contamination caused by radioactive materials is recognized and a Nuclear Disaster will or may occur due to the contamination, with the survey conducted pursuant to Article 27, paragraph (1), item (i) in the Post-Disaster Measures implementation area, the municipal mayors may, in recognition of the particular need to prevent danger to human life and health, establish a restricted area in the Post-Disaster Measures implementation area so that the mayors can limit or prohibit entry into the restricted area for persons who are not concerned with the Post-Disaster Measures or issue instructions for their removal from this area.
(2)Under the circumstances prescribed in the preceding paragraph, if it is recognized that the municipal mayor or municipal officers to whom the mayor's authority is to be delegated, as provided for in the same paragraph, have no leeway to wait for the act of delegation to be implemented under the same paragraph, or rather upon their request, the police officers or coast guard officers may exercise the municipal mayor's authority, pursuant to the provisions of the same paragraph. In this case, if they exercise the municipal mayor's authority, as provided for in the same paragraph, the police officers or coast guard officers shall promptly notify the mayor of their actions.
(3)The provisions of Article 27-4 shall apply mutatis mutandis to the case of establishing a restricted area pursuant to the provisions of paragraph (1) of this Article.
Chapter VI Miscellaneous Provisions
(Application of the Basic Act on Disaster Management by Replacing the Terms and Phrases)
Article 28(1)With regard to the application of provisions related to Nuclear Disasters in the Basic Act on Disaster Management, which are listed in the left-hand column of the table below (including cases where these provisions are applied by replacing the terms and phrases pursuant to the provisions of Article 32, paragraph (2) of the Act on the Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities), the terms and phrases listed in the middle column of this table for these provisions shall be deemed to have been replaced by the terms and phrases listed in the right-hand column of the same table.
Provision for which a term or phrase is deemed to have been replaced
Term or phrase deemed to have been replaced
Term or phrase to be used as a replacement
Article 2, item (ii)
preventing a disaster
preventing a Nuclear Disaster (i.e., a Nuclear Disaster as prescribed in Article 2, item (i) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same shall apply hereinafter)
disaster has occurred
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
damage
damage (including the probability of the occurrence of damage)
from a disaster
from a Nuclear Disaster
Article 21
and other parties concerned
Nuclear Licensees (i.e., Nuclear Licensees as prescribed in Article 2, item (iii) of the Act on Special Measures Concerning Nuclear Emergency Preparedness. The same shall apply hereinafter.), and other parties concerned
Article 34, paragraph (1)
disasters and disaster management
Nuclear Disasters and Nuclear Disaster management
conditions of disasters
conditions of Nuclear Disasters (including the probability of the occurrence of a Nuclear Disaster)
emergency disaster control measures
Emergency Response Measures
Article 36, paragraph (1)
basic disaster management plan
basic disaster management plan and the EPR Guide (i.e., the NRA Guide for Emergency Preparedness and Response [EPR Guide] as prescribed in Article 6-2, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same shall apply hereinafter)
Article 38
basic disaster management plan
basic disaster management plan, the EPR Guide
Article 39, paragraph (1) and Article 40, paragraph (1)
basic disaster management plan
basic disaster management plan, the EPR Guide
Article 40, paragraph (2), item (ii)
preventive measures
Nuclear Disaster Prevention Measures
issuance and transmission of forecasts and alarms related to disaster
transmission of information regarding a Declaration of a Nuclear Emergency (i.e., a Declaration of a Nuclear Emergency as prescribed in Article 15, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same shall apply hereinafter) and other information regarding a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
fire-fighting, flood prevention, rescue
rescue
Emergency Disaster Control Measures and disaster recovery efforts
Emergency Response Measures and Post-Disaster Measures
Article 40, paragraph (3)
when a disaster has occurred or is likely to occur
when a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
Article 41
basic disaster management plan
basic disaster management plan, the EPR Guide
Article 42, paragraph (2), item (i)
basic disaster management plan
basic disaster management plan and the EPR Guide
Article 42, paragraph (2), item (ii)
preventive measures
Nuclear Disaster Prevention Measures
issuance and transmission of forecasts and alarms related to disaster
transmission of information regarding a Declaration of a Nuclear Emergency and other information regarding a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
fire-fighting, flood prevention, rescue
rescue
emergency disaster control measures and disaster recovery efforts
Emergency Response Measures and Post-Disaster Measures
Article 42, paragraph (3)
in the event of a disaster
in the event of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 42, paragraph (4)
when a disaster has occurred or is likely to occur
when a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
Article 43, paragraph (1) and Article 44, paragraph (1)
basic disaster management plan
basic disaster management plan and the EPR Guide
Article 46, paragraph (1)
Disaster management is
Nuclear disaster prevention measures are
the occurrence or spread of any disaster
the occurrence or progression (expansion) of a Nuclear Disaster
when a disaster has occurred or is likely to occur
when a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
from disaster
from Nuclear Disaster
emergency disaster control measures in the event of a disaster
Emergency Response Measures
Article 46, paragraph (2)
implementation of disaster management ... carry out disaster management
implementation of Nuclear Disaster Prevention Measures ... carry out Nuclear Disaster Prevention Measures
or under a disaster management plan
, under a disaster management plan, or under the EPR Guide
Article 47, paragraph (1)
or under a disaster management plan
, under a disaster management plan, or under the EPR Guide
anticipating and forecasting disaster or speedily transmitting information on disaster
speedily transmitting information on a Nuclear Disaster
Article 47, paragraph (2)
or under a Disaster Management Plan
, under a Disaster Management Plan, or under the EPR Guide
Article 47-2, paragraphs (1) and (2)
Persons Responsible for Disaster Management
Persons Responsible for Disaster Management (including Nuclear Licensees)
Article 48, paragraph (1)
Persons Responsible for Disaster Management
Persons Responsible for Disaster Management (including Nuclear Licensees)
or under a disaster management plan
, under a disaster management plan, or under a Nuclear Licensee emergency preparedness and response plan (i.e., a Nuclear Licensee emergency preparedness and response plan as prescribed under the provisions of Article 7, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same shall apply in paragraph (3))
Article 48, paragraph (3)
Persons Responsible for Disaster Management
Persons Responsible for Disaster Management (including Nuclear Licensees)
a disaster management plan and
a disaster management plan and a Nuclear Licensee emergency preparedness and response plan and
Article 48, paragraph (4)
Persons Responsible for Disaster Management
Persons Responsible for Disaster Management (including Nuclear Licensees)
Article 49
or under a disaster management plan
, under a disaster management plan, or under the EPR Guide
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
Article 49-2 and Article 49-3
Persons Responsible for Disaster Management
Persons Responsible for Disaster Management (including Nuclear Licensees)
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
Article 49-4, paragraph (1)
when a disaster occurs or is likely to occur
during the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency
ensure evacuation
ensure evacuation or sheltering in place
site for each extraordinary phenomena of flood, tsunami, etc. provided for by Cabinet Order in order to
sites in order to
Article 49-7, paragraph (1)
presumed disaster
presumed Nuclear Disaster
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
evacuated
evacuated or sheltered in place
Article 49-9
evacuation for
evacuation or sheltering in place for
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 49-10, paragraph (1)
a disaster has ... from disaster
a Nuclear Disaster has ... from Nuclear Disaster
Article 49-11, paragraph (2)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 49-11, paragraph (3)
disaster
Nuclear Disaster
Article 49-15, paragraph (2)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 49-15, paragraph (3)
a disaster has ... from disaster
a Nuclear Disaster has ... from Nuclear Disaster
Article 51, paragraph (1)
or under a disaster management plan
, under a disaster management plan, or under the EPR Guide
to disasters
to Nuclear Disasters
Article 51, paragraph (2)
on disasters
on Nuclear Disasters
Article 51, paragraph (3)
on disasters
on Nuclear Disasters
emergency disaster control measures
Emergency Response Measures
Article 51-2
or under a disaster management plan
, under a disaster management plan, or under the EPR Guide
the presumed condition of the disaster
about the Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 52, paragraph (1)
in the issuance and transmission of an alarm, warning
in the transmission of a Declaration of a Nuclear Emergency
Article 53, paragraphs (1) through (4)
disaster
Nuclear Disaster
Article 53, paragraph (5)
disaster concerning
Nuclear Disaster concerning
Article 53, paragraphs (6) and (7)
disaster
Nuclear Disaster
Article 55
When the prefectural governor has received from the Meteorological Agency or any other agency of the State a notification of a forecast or an alarm of a disaster pursuant to the provisions of laws and regulations, or when that governor has issued an alarm pertaining to a disaster, that governor is to, as provided for by laws and regulations or
If a prefectural governor receives an instruction under the provisions of Article 15, paragraph (3) or Article 20, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness, the governor shall, as provided
anticipated condition of the disaster and measures to be taken in response.
measures pertaining to this instruction.
Article 56, paragraph (1)
When the mayor of a municipality has received a notification of a forecast or an alarm of a disaster as provided for by laws and regulations, when the mayor has learned of a forecast or an alarm of a disaster on their own, when the mayor has issued an alarm pertaining to a disaster as provided for by laws and regulations,
If the municipal mayor receives an instruction under the provisions of Article 15, paragraph (3) or Article 20, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness
the forecast, alarm,
the instruction
anticipated condition of the disaster
the Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 67, paragraph (1)
when a disaster has occurred or is likely to occur
when a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
emergency disaster control measures
Emergency Response Measures
Article 67, paragraph (2)
emergency disaster control measures
Emergency Response Measures
Article 68
when a disaster has occurred or is likely to occur
when a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
emergency disaster control measures
Emergency Response Measures
Article 68-2, paragraphs (1) and 2, and Article 69
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 71, paragraph (1)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 50, paragraph (1), items (iv) through (ix)
Article 26, paragraph (1), items (ii) through (viii) of the Act on Special Measures Concerning Nuclear Emergency Preparedness
Article 72, paragraphs (2) and (3)
emergency disaster control measures
Emergency Response Measures
Article 73, paragraph (1)
In cases where a disaster involving an area of a prefecture has occurred, ... because of the occurrence of the disaster
In cases where a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster; the same shall apply in this paragraph) involving an area of a prefecture has occurred, ... because of the occurrence of the Nuclear Disaster
Article 74, paragraph (1)
In cases where a disaster involving an area of a prefecture has occurred or is likely to occur
In cases where a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
emergency disaster control measures
Emergency Response Measures
Article 74, paragraph (2)
emergency disaster control measures
Emergency Response Measures
Article 74-2, paragraph (1)
In cases where a disaster involving an area of a prefecture has occurred or is likely to occur
In cases where a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster. The same applies in this paragraph.) involving an area of a prefecture has occurred
emergency disaster control measures
Emergency Response Measures
where the disaster has occurred or is likely to occur
where the Nuclear Disaster has occurred
Article 74-2, paragraphs (2) and (3)
emergency disaster control measures
Emergency Response Measures
Article 74-3, paragraph (1)
In cases where a disaster involving an area of a prefecture has occurred or is likely to occur
In cases where a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster. The same applies in this paragraph.) involving an area of a prefecture has occurred
emergency disaster control measures
Emergency Response Measures
where the disaster has occurred or is likely to occur
where the Nuclear Disaster has occurred
Article 74-3, paragraph (2)
emergency disaster control measures
Emergency Response Measures
Article 74-3, paragraph (3)
a disaster has occurred or is likely to occur
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
emergency disaster control measures
Emergency Response Measures
Article 74-3, paragraphs (4) through (6)
emergency disaster control measures
Emergency Response Measures
Article 74-4
a disaster has occurred or is likely to occur
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has occurred
emergency disaster control measures
Emergency Response Measures
Article 75
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 78, paragraph (1)
a disaster has
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) has
Article 50, paragraph (1), items (iv) through (ix)
Article 26, paragraph (1), items (iv) through (viii) of the Act on Special Measures Concerning Nuclear Emergency Preparedness
a disaster management operation plan
the EPR Guide or a disaster management operation plan
Article 78-2, paragraph (1)
a disaster,
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster),
a disaster management plan
a disaster management plan or the EPR Guide
Article 79
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 84, paragraph (1)
a member of the SDF Personnel of Units under the Disaster Relief Operation
a member of the SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
Article 86, paragraphs (1) and (2)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 86-15, paragraph (1)
disaster
Nuclear Disaster
Article 88, paragraph (1)
a disaster recovery project
Post-Disaster Measures
expenses for a disaster recovery project
expenses required for Post-Disaster Measures
Article 89
expenses for a disaster recovery project
expenses required for Post-Disaster Measures
a disaster recovery project,
Post-Disaster Measures,
Article 90
disaster recovery project
Post-Disaster Measures
Article 90-2, paragraphs (1) and (2), and Article 90-3, paragraph (1)
disaster
Nuclear Disaster
Article 91
disaster management and emergency disaster control measures
Nuclear Disaster Prevention Measures and Emergency Response Measures
Article 94
emergency disaster control measures
Emergency Response Measures
Article 95
instructions from the chairperson of the Specified Disaster Management Headquarters under Article 23-7, paragraph (2), the chairperson of the Extraordinary Disaster Management Headquarters under Article 28, paragraph (2) or from the chairperson of the Extreme Disaster Management Headquarters under Article 28-6, paragraph (2),
an instruction issued by either the Prime Minister pursuant to Article 15, paragraph (3) of the Act on Special Measures Concerning Nuclear Emergency Preparedness or the chairperson of the Nuclear Emergency Response Headquarters pursuant to Article 20, paragraph (2) of the same Act
Article 96
disaster recovery projects and other projects undertaken in relation to a disaster
Post-Disaster Measures
Article 100, paragraph (1)
disaster
Nuclear Disaster
Article 102, paragraph (1)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 102, paragraph (1), item (ii)
disaster management, emergency disaster control measures, or disaster recovery efforts
Nuclear Disaster Prevention Measures, Emergency Response Measures, or Post-Disaster Measures
Article 104
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 108, paragraph (2), item (ii)
emergency disaster control measures
Emergency Response Measures
Article 108, paragraph (2), item (iv)
disaster
Nuclear Disaster
Article 113
Article 71, paragraph (1)
Article 71, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
Article 71, paragraph (2)
Article 71, paragraph (2)
Article 78, paragraph (1)
Article 78, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
Article 115
including the case ... the same Article; hereinafter
including cases ... the same Article and where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; hereinafter
Article 116
Article 52, paragraph (1)
Article 52, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
Article 73, paragraph (1)
Article 73, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
(2)With regard to the application of the provisions of the Basic Act on Disaster Management, which are listed in the left-hand column of the table below (including cases where these provisions are applied by replacing the terms and phrases pursuant to the provisions of Article 32, paragraph (2) of the Act on the Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities), during the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency, the terms and phrases listed in the middle column of this table for these provisions shall be deemed to have been replaced by the terms and phrases listed in the right-hand column of the same table.
Provision for which a term or phrase is deemed to have been replaced
Term or phrase deemed to have been replaced
Term or phrase to be used as a replacement
Article 58
when a disaster is likely to occur
if a Declaration of a Nuclear Emergency is issued
a fire-fighting organ or a flood prevention unit
a fire-fighting organization
Article 60, paragraph (1)
In cases where a disaster has occurred or is likely to occur,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
from disaster
from Nuclear Disaster
of a disaster,
of a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster),
to evacuate for refuge
to evacuate or shelter in place
Article 60, paragraph (2)
for evacuation to take refuge
for evacuation or sheltering in place
points to refuge
points for evacuation or sheltering in place
Article 60, paragraph (3)
In cases where a disaster has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
to move to heights, refuge to solid buildings nearby, refuge inside a building to a place away from the opening facing outside
to shelter in place
Article 60, paragraph (4)
evacuation for refuge
evacuation or sheltering in place
point to refuge
points for evacuation or sheltering in place
prefectural governor
chairperson of the Nuclear Emergency Response Headquarters and the relevant prefectural governor
Article 60, paragraph (6)
In cases where a disaster involving an area of the prefecture has occurred, when a municipality is unable to perform all or the majority of its affairs because of the occurrence of the disaster,
In cases where the Declaration of a Nuclear Emergency involving an area of the prefecture has been issued, if a municipality is unable to perform all or the majority of its functions because of the occurrence of the Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster),
Article 60, paragraph (7)
must make a public notice to that effect.
must issue a public notice and immediately submit a report to that effect to the chairperson of the Nuclear Emergency Response Headquarters
Article 61, paragraph (1)
evacuation
evacuation or sheltering in place
Article 61, paragraph (2)
evacuation
evacuation or sheltering in place
Article 61, paragraph (3), Article 61-2 and Article 61-3
evacuation
evacuation or sheltering in place
Article 61-4, paragraph (1)
In cases where a disaster ... is likely to occur,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
anticipated condition of the disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
from the disaster
from the Nuclear Disaster
Article 61-8, paragraph (1)
In cases where a disaster ... is likely to occur,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
from the disaster
from the Nuclear Disaster
Article 61-8, paragraph (2)
the disaster
the Nuclear Disaster
Article 62, paragraph (1)
When a disaster involving an area of a municipality has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
an area disaster management plan,
the EPR Guide or an area disaster management plan
fire-fighting, flood prevention, rescue and other necessary emergency measures to prevent disaster or the spread of a disaster
fire-fighting, rescue and other emergency measures necessary to prevent the progression (expansion) of the Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 62, paragraph (2)
When a disaster involving an area of a municipality has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
an area disaster management plan
the EPR Guide or an area disaster management plan
Article 63, paragraph (1)
In cases where a disaster has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
emergency disaster control measures
Emergency Response Measures
Article 63, paragraph (3)
Article 83, paragraph (2)
Article 83, paragraph (2) or Article 83-3
SDF Personnel of Units under Disaster Relief Operation
SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
Article 64, paragraph (1)
In cases where a disaster involving an area of a municipality has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
Article 64, paragraph (2)
In cases where a disaster involving an area of a municipality has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 64, paragraphs (8) and (9)
a member of the SDF Personnel of Units under the Disaster Relief Operation
a member of the SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
Article 65, paragraph (1)
In cases where a disaster involving an area of a municipality has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
finds it urgently necessary for implementing Emergency Measures
finds it urgently necessary to implement Emergency Measures, as long as there is no risk of the Nuclear Disaster progressing (expanding)
Article 65, paragraph (3)
SDF Personnel of Units under Disaster Relief Operation
SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
Article 70, paragraphs (1) and (2)
In cases where a disaster involving an area of a prefecture has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a prefecture to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
Local Disaster Management Plan
the EPG Guide or a Local Disaster Management Plan
Article 76, paragraph (1)
In cases where a disaster involving an area of a prefecture or adjoining or nearby prefectures has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a prefecture, an adjoining prefecture, or a nearby prefecture to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
emergency disaster control measures
Emergency Response Measures
Article 76-3, paragraph (1)
emergency disaster control measures
Emergency Response Measures
Article 76-3, paragraph (3)
SDF Personnel of Units under Disaster Relief Operation
SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
emergency disaster control measures
Emergency Response Measures
Article 76-3, paragraph (4)
emergency disaster control measures
Emergency Response Measures
Article 76-3, paragraph (6)
SDF Personnel of Units under Disaster Relief Operation
SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
Article 76-5
emergency disaster control measures
Emergency Response Measures
Article 76-6, paragraph (1)
In cases where a disaster has occurred
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency
emergency disaster control measures
Emergency Response Measures
Article 76-7
emergency disaster control measures
Emergency Response Measures
Article 77, paragraph (1) and Article 80, paragraph (1)
When a disaster has occurred or is imminent,
During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
a disaster management plan
a disaster management plan or the EPR Guide
Article 80, paragraph (2)
a disaster management plan
a disaster management plan or the EPR Guide
Article 86-8, paragraph (1)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
from the disaster
from the Nuclear Disaster
Article 86-10, paragraph (1) and Article 86-11
a disaster involving an area of a prefecture has occurred, the municipality is unable to perform all or the majority of its affairs because of the occurrence of the disaster,
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster) involving an area of a prefecture has occurred, the municipality is unable to perform all or the majority of its functions because of the occurrence of the Nuclear Disaster,
from the disaster
from the Nuclear Disaster
Article 86-13, paragraph (1)
a disaster
a Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
from the disaster
from the Nuclear Disaster
Article 86-16, paragraphs (1) and (2)
In cases where a disaster involving an area of a prefecture or municipality has occurred or is likely to occur,
During the period from the issuance of a Declaration of a Nuclear Emergency involving an area of a prefecture or municipality to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
emergency disaster control measures
Emergency Response Measures
Article 86-17
, in cases where a disaster has occurred or is likely to occur,
, during the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency,
Article 86-18, paragraphs (1) and (2)
emergency disaster control measures
Emergency Response Measures
Article 114
Article 76, paragraph (1)
Article 76, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
Article 116
Article 63, paragraph (1)
Article 63, paragraph (1) (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; hereinafter the same shall apply in this item)
paragraph (3) of that Article,
paragraph (3) of the same Article (including cases where the provisions of this paragraph are applied by replacing the terms and phrases pursuant to the provisions of Article 28, paragraph (2) of the Act on Special Measures Concerning Nuclear Emergency Preparedness)
paragraph (1) of that Article
Article 63, paragraph (1)
SDF Personnel of Units under Disaster Relief Operation
SDF Personnel of Units under the Nuclear Disaster Relief Operation, etc.
(3)With regard to the application of the provisions of the Basic Act on Disaster Management, which are listed in the left-hand column of the table below, after the issuance of a Declaration of a Nuclear Emergency, the terms and phrases listed in the middle column of this table for these provisions shall be deemed to have been replaced by the terms and phrases listed in the right-hand column of the same table.
Provision for which a term or phrase is deemed to have been replaced
Term or phrase deemed to have been replaced
Term or phrase to be used as a replacement
Article 23, paragraph (4)
prefectural area disaster management plan
EPR Guide or a prefectural area disaster management plan
Article 23, paragraph (4), item (i)
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 23, paragraph (4), item (ii)
disaster management and emergency disaster control measures concerning
Nuclear Disaster Prevention Measures (i.e., the Nuclear Disaster Prevention Measures prescribed in Article 2, paragraph (6) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same shall apply hereinafter), Emergency Response Measures (i.e., the Emergency Response Measures prescribed in paragraph (5) of the same Article; the same shall apply hereinafter), and Post-Disaster Measures (i.e., the Post-Disaster Measures prescribed in paragraph (7) of the same Article; the same shall apply hereinafter) concerning
disaster management and emergency disaster control measures in line
Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures in line
Article 23, paragraph (4), item (iii)
disaster management and emergency disaster control measures
Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures
and relevant designated local public corporations
, relevant designated local public corporations, and the Nuclear Licensee
Article 23, paragraph (6)
disaster management or emergency disaster control measures
Nuclear Disaster Prevention Measures, Emergency Response Measures, or Post-Disaster Measures
Article 23, paragraph (7)
disaster management and emergency disaster control measures
Nuclear Disaster Prevention Measures, Emergency Response Measures, or Post-Disaster Measures
or other parties concerned
, the Nuclear Licensee or other relevant persons
Article 23-2, paragraph (4)
the municipal area disaster management plan
the EPR Guide or the municipal area disaster management plan
and relevant designated local public corporations
, relevant designated local public corporations and the Nuclear Licensee
Article 23-2, paragraph (4), item (i)
disaster
Nuclear Disaster (including the probability of the occurrence of a Nuclear Disaster)
Article 23-2, paragraph (4), item (ii)
disaster management and emergency disaster control measures
Nuclear Disaster Prevention Measures, Emergency Response Measures, and Post-Disaster Measures
Article 23-2, paragraph (4), item (vi)
disaster management or emergency disaster control measures
Nuclear Disaster Prevention Measures, Emergency Response Measures, or Post-Disaster Measures
Article 29, paragraph (1)
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
Article 29, paragraph (2)
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
the head of a designated local government organization
the head of a designated government organization, the head of a designated local government organization
the relevant organizations
the designated government organization or the designated local government organization
Article 30, paragraphs (1) and (2), Article 32, paragraph (1) and Article 33
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
Article 86-6
disaster
Nuclear Disaster
a disaster management plan
a Disaster Management Plan or the EPR Guide
Article 109, paragraph (1), item (ii)
emergency disaster control measures or disaster recovery efforts
Emergency Response Measures or Post-Disaster Measures
(4)The provisions of Article 87 and Article 88, paragraph (2) of the Basic Act on Disaster Management shall not apply to a Nuclear Disaster.
(5)During the period from the issuance of a Declaration of a Nuclear Emergency to the issuance of a Declaration of the Cancellation of a Nuclear Emergency, the provisions of Articles 50, 54, 59 and 66 of the Basic Act on Disaster Management shall not apply to the Nuclear Emergency pertaining to the Declaration of a Nuclear Emergency.
(6)The head of a local government who implements Emergency Response Measures or Post-Disaster Measures may request the head of a Designated Government Organization or the head of a designated organization to provide the necessary assistance for preventing radiation hazards that harm the human body, give advice concerning the diagnosis and medical treatment, and implement other Emergency Response Measures or Post-Disaster Measures, in addition to the assistance provided under the provisions of Article 29, paragraph (1) or (2) or Article 30, paragraph (1) of the Basic Act on Disaster Management as applied by replacing the terms and phrases pursuant to the provisions of paragraph (2).
(Promotion of Research into Nuclear Disasters)
Article 29The State shall promote scientific research and development concerning the securement of nuclear safety, the prevention of the occurrence of a Nuclear Disaster, and the prevention of a nuclear hazard and endeavor to disseminate the results thereof.
(Senior Specialist for Nuclear Emergency Preparedness)
Article 30(1)Senior specialists for Nuclear Emergency preparedness shall be assigned to the Cabinet Office.
(2)In addition to providing guidance and advice concerning the preparation of a Nuclear Licensee emergency preparedness and response plan under Article 7, paragraph (1), or the implementation of other Nuclear Emergency measures by a Nuclear Licensee with regard to a Nuclear Facility Site that has been designated by the Prime Minister as a Nuclear Facility Site for which a senior specialist for Nuclear Emergency preparedness should take charge, the senior specialist for Nuclear Emergency preparedness shall collect information necessary to ascertain the situation, give advice concerning the collection of information and the implementation of emergency responses by a local government, and perform any other duties necessary to ensure the smooth prevention of the occurrence or progression (expansion) of a Nuclear Disaster if a notification has been issued pursuant to the provisions of the first sentence of Article 10, paragraph (1).
(Collection of Reports)
Article 31Within the limits necessary for the enforcement of this Act, the Prime Minister, the NRA, the Minister of Land, Infrastructure, Transport and Tourism, the Competent Prefectural Governor, the Competent Municipal Mayor, or the Related Neighboring Prefectural Governors may have a Nuclear Licensee report on its duties pursuant to the provisions of a Cabinet Order.
(Inspections)
Article 32(1)Within the limits necessary for the enforcement of this Act, the Prime Minister, the NRA, the Minister of Land, Infrastructure, Transport and Tourism, the Competent Prefectural Governor, the Competent Municipal Mayor, or the Related Neighboring Prefectural Governors may have their officials enter a Nuclear Facility Site and have them inspect the facilities, books, documents, and other necessary items of the Nuclear Licensee pertaining to the Nuclear Facility Site or question the parties concerned.
(2)When an official enters a Nuclear Facility Site pursuant to the provisions of the preceding paragraph, the official shall carry an identification certificate and produce it for the parties concerned if requested to do so.
(3)The authority granted under the provisions of paragraph (1) shall not be construed as permitting a criminal investigation.
(Fees)
Article 33A person or an organization that intends to undergo an inspection under the provisions of Article 11, paragraph (5) shall pay a fee pursuant to the provisions of a Cabinet Order.
(Application of This Act with Respect to Special Wards)
Article 34With regard to the application of this Act, a special ward is deemed to be a city.
(Delegation to a Cabinet Order)
Article 35In addition to what is provided for in this Act, procedures for the implementation of this Act and other matters necessary for the enforcement of this Act shall be specified by a Cabinet Order.
(Exclusion from Application to the State)
Article 36The provisions of Article 33 and the next chapter shall not apply to the State.
Chapter VII Penal Provisions
Article 37A person or an organization that has violated any order under the provisions of Article 7, paragraph (4), Article 8, paragraph (5), Article 9, paragraph (7), Article 11, paragraph (6), or Article 13-2, paragraph (2) shall be punished by imprisonment with forced labor for no more than one year, a fine of no more than one million yen, or both.
Article 38A person or an organization that falls under any of the following criteria shall be punished by a fine of no more than three hundred thousand yen:
(i)a person or an organization that has failed to submit a notification under the provisions of Article 7, paragraph (3), the first sentence of Article 8, paragraph (4), Article 9, paragraph (5), or Article 11, paragraph (3), or has submitted a false notification;
(ii)a person or an organization that has violated the provisions of the first sentence of Article 10, paragraph (1), by failing to submit a notification;
(iii)a person or an organization that has violated the provisions of Article 11, paragraph (7), by failing to record the results for the measurement of the radiation dose or has recorded false results;
(iv)a person or an organization that, in violation of the provisions of Article 12, paragraph (4), has failed to submit documents;
(v)a person or an organization that has failed to submit a report under the provisions of Article 13-2, paragraph (1) or Article 31, or has submitted a false report;
(vi)a person or an organization that has refused, obstructed, or avoided entry or an inspection under the provisions of Article 32, paragraph (1), has failed to make a statement, or has made a false statement in response to questioning under the provisions of the same paragraph.
Article 39Any person who has failed to comply with a ban, restriction, or order to leave enforced by the municipal mayor under Article 27-6, paragraph (1), or by the police or coast guard officers under paragraph (2) of same Article shall be punished by a fine of no more than one hundred thousand yen or penal detention.
Article 40If a representative of a corporate organization, an agent, employee, or other worker of a corporate organization, or an individual has violated either Article 37 or Article 38 with regard to the business conducted by the corporate organization or individual, not only the offender but also the corporate organization or individual shall be punished by the imposition of fines as prescribed in the respective Articles.