Article 1The purpose of this Act is to ensure the smooth and safe activities of the Self-Defense Forces, etc. using radio waves by establishing a system concerning the designation of radio obstruction prevention areas, the obligations of notifications in relation to the installation, etc. of wind power generation facility within radio obstruction prevention areas, and consultations between the wind power generation facility installer and the Minister of Defense, in order to avoid the possibility that installation, etc. of wind power generation facility may hinder the propagation of radio waves used by the Self-Defense Forces, etc.

Article 2In this Act, the terms listed in the following items have the meanings provided in those items:

Article 3(1)With respect to the activities of the Self-Defense Forces, etc. listed in the following items, when installation, etc. of wind power generation facility is likely to cause extreme obstruction and it is necessary to prevent this and ensure smooth and safe activities of the Self-Defense Forces, etc. using radio waves, the Minister of Defense may designate the area specified in the following items as a radio obstruction prevention area in accordance with the classification in the following items to the extent necessary:

(2)If the Minister of Defense designates a radio obstruction prevention area pursuant to the provisions of the preceding paragraph, the Minister must issue a public notice to that effect and of the designated area in the Official Gazette.

(3)The designation of a radio obstruction prevention area under paragraph (1) becomes effective upon the public notice under the preceding paragraph.

(4)Pursuant to the provisions of Ministry of Defense Order, the Minister of Defense must make drawings indicating radio obstruction prevention areas available for public inspection, and make them public by using the Internet or other means pursuant to the provisions of Ministry of Defense Order .

(5)The Minister of Defense must cancel the designation of a radio obstruction prevention area without delay when the reason for the designation under paragraph (1) has ceased to exist. In this case, the provisions of paragraphs (2) and (3) apply mutatis mutandis.

(6)The provisions of paragraphs (2) through (4) apply mutatis mutandis to changes to radio obstruction prevention areas.

Article 4(1)Before starting or having the contractor (including subcontractors; the same applies below) start the construction work concerning the installation, etc. of a wind power generation facility in the radio obstruction prevention area (including cases where the work extends over the area and other areas; the same applies in paragraph (4)), pursuant to the provisions of Ministry of Defense Order, the wind power generation facility installer must notify the Minister of Defense of the position, wind turbine height, and shape of the wind power generation facility, the name and address of the contractor if the person is the orderer of the construction work concerning the installation, etc. of the wind power generation facility (referred to as "matters related to the installation of wind power generation facility" in paragraph (5)), and other matters specified by Ministry of Defense Order as necessary matters.

(2)When a wind power generation facility installer who has given notification under the preceding paragraph intends to change the matters notified, the installer must notify the Minister of Defense of the matters in relation to the change pursuant to the provisions of Ministry of Defense Order.

(3)If the notification under the preceding two paragraphs has been filed and the Minister of Defense finds that it is impossible to determine whether or not the wind power generation facility causes obstruction to the radio propagation used by the Self-Defense Forces, etc. in the radio obstruction prevention area (referred to below as "cause of obstruction to radio waves used by the Self-Defense Forces, etc.") with the matters in regard to the notification, the Minister may request, to the extent necessary for the determination, the wind power generation facility installer who has filed the notification to make a report on matters found to be necessary within a period designated by the Minister.

(4)When a radio obstruction prevention area is designated or changed, none of the provisions in paragraph (1) applies to the construction work concerning the installation, etc. of a wind power generation facility that is being executed within the relevant radio obstruction prevention area (including cases where preparation for the construction has proceeded to the extent specified by Order of the Ministry of Defense ).

(5)A wind power generation facility installer concerning the installation, etc. of wind power generation facility prescribed in the preceding paragraph must, as provided for by Ministry of Defense Order, notify the Minister of Defense of the matters related to the installation of wind power generation facility concerning the installation, etc. of the relevant wind power generation facility and other necessary matters pursuant to the provisions of Ministry of Defense Order without delay after the designation or change of the relevant radio obstruction prevention area.

(6)The provisions of paragraphs (2) and (3) apply mutatis mutandis to cases where a wind power generation facility installer concerning the installation, etc. of wind power generation facility prescribed in paragraph (4) intends to change the matters notified pursuant to the provisions of the preceding paragraph (if a notification of change has been given under paragraph (2) as applied mutatis mutandis pursuant to this paragraph, the matters after the change).

Article 5(1)In the case where a wind power generation facility installer is required to make a notification under paragraph (1) or paragraph (2) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article; the same applies below) or the provisions of paragraph (2) of the same Article as applied mutatis mutandis pursuant to the following paragraph, when the Minister of Defense becomes aware that the installer has started or has had a contractor start the construction work concerning the installation, etc. of the wind power generation facility or the part of the construction work in relation to the matters regarding the relevant changes (excluding those pursuant to the provisions of Ministry of Defense Order) without making the notification, or in the case where the Minister is required to make a notification pursuant to the provisions of paragraph (5) of the same Article, when the Minister becomes aware that the notification has not been made, the Minister is to immediately order the wind power generation facility installer to notify the Minister of Defense of the matters to be notified pursuant to the provisions of paragraph (1) or paragraph (2) of the same Article (including as applied mutatis mutandis pursuant to the following paragraph) or paragraph (5) of the same Article

(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a person that has been ordered, pursuant to the provisions of the preceding paragraph, to file a notification of the particulars that are required to be filed pursuant to the provisions of paragraph (1) or paragraph (5) of that Article, and that has filed that notification.

(3)The provisions of paragraph (3) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (6) of that Article; the same applies in paragraph (2) of the following Article and Article 9, paragraph (1), item (ii)) apply mutatis mutandis if a notification is filed based on an order under paragraph (1) (other than a notification of information that is required to be filed pursuant to the provisions of paragraph (5) of the preceding Article; the same applies in paragraph (1) of the following Article) or if a notification is filed under paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph.

Article 6(1)If a notification under Article 4, paragraph (1) or paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article) or a notification based on an order pursuant to the provisions of paragraph (1) of the preceding Article is made, the Minister of Defense must review the matters concerning the notification, and if the wind power generation facility concerning the notification (in the case of a notification of change, the wind power generation facility after the change; the same applies below) is found that the cause of obstruction radio waves used by the Self-Defense Forces, etc. in the radio obstruction prevention area, the Minister must notify the wind power generation facility installer who made the notification to that effect by indicating the part of the wind power generation facility that causes obstruction to radio waves used by the Self-Defense Forces, etc. (referred to as the "part causing obstruction" in paragraph (3), the following Article, and Article 14, item (i)) and the reason therefor, and if the wind power generation facility is found not to cause obstruction to radio waves used by the Self-Defense Forces, etc. in the radio obstruction prevention area, the Minister must notify the wind power generation facility installer.

(2)The notice under the preceding paragraph must be given within three weeks from the date of the notification (or, if a report is requested pursuant to the provisions of Article 4, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (3) of the preceding Article), the date of the report).

(3)If the Minister of Defense issues a notice pursuant to the provisions of paragraph (1) to the wind power generation facility installer that the wind power generation facility is found to cause obstruction with radio waves used by the Self-Defense Forces, etc. in the radio obstruction prevention area, and that person is the orderer of a contract for construction work concerning the installation, etc. of the wind power generation facility, the Minister must immediately notify the contractor of the construction work concerning the notification from the wind power generation facility installer of the part causing obstruction and other necessary matters.

Article 7Pursuant to the provisions of paragraph (1) of the preceding Article, the wind power generation facility installer who has received a notice that the wind power generation facility is found to cause obstruction with radio waves used by the Self-Defense Forces, etc. in the radio obstruction prevention area must not start or have their contractor start the construction concerning the part causing obstruction regarding the notice for two years from the day of receiving the notice, except in cases that fall under any of the following items:

Article 8(1)The wind power generation facility installer and the Minister of Defense prescribed in the preceding Article may mutually request consultation with the other party on measures to supplement the functions of the radar, changes to the construction plan concerning the installation, etc. of the wind power generation facility, and other measures necessary to coordinate the ensuring of smooth and safe activities of the Self-Defense Forces, etc. using radio waves with the exercise of property rights regarding the relevant wind power generation facility.

(2)The Minister of Defense or the wind power generation facility installer prescribed in the preceding Article who has received a request under the preceding paragraph must respond to the consultation in relation to the request.

Article 9(1)When the Minister of Defense finds it necessary in the case falling under any of the following items, the Minister may, within the scope of the necessity, order wind power generation facility installer stated respectively in those items to suspend or have the contractor suspend the construction work stated respectively in those items that the wind power generation facility installer is actually carrying out or has the contractor carry out, or set a reasonable period and prohibit the installer from carrying out or having the contractor carry out the construction work stated respectively in those items during that period:

(2)The reasonable period referred to in the preceding paragraph is to be specified within the limit of the period prescribed in Article 7 in consideration of the circumstances, such as the extent to which the relevant wind power generation facility cause obstruction with radio waves used by the Self-Defense Forces, etc. in the relevant radio obstruction prevention area, and the period normally required for taking measures to supplement the functions of radar if those measures are to be taken.

(3)When the Minister of Defense has ordered a wind power generation facility installer pursuant to the provisions of paragraph (1) not to execute or have the contractor execute the construction work concerning the installation, etc. of the wind power generation facility for a specified period, the Minister must, during that period, revoke the order without delay if an agreement is reached between the wind power generation facility installer and the Minister of Defense, if the situation falls under Article 7, item (i) or item (iii), or if the need for that order ceases to exist for any other reasons.

Article 10When the Minister of Defense finds it particularly necessary for the enforcement of the provisions of this Chapter, the Minister may have the wind power generation facility installer report on matters concerning the plan or implementation of construction concerning the installation, etc. of Wind Power Generation Facility to the extent necessary.

Article 11The Minister of Defense and the Minister of Economy, Trade and Industry are to cooperate with each other for the enforcement of the provisions of this Chapter.

Article 12Beyond what is provided for in this Act, procedures and other matters necessary for the enforcement of this Act are prescribed by Ministry of Defense Order.

Article 13When enacting, revising or abolishing an order pursuant to the provisions of this Act, necessary transitional measure (including transitional measure concerning penal provisions) may be specified by that order to the extent considered reasonably necessary for the enactment, revision or abolition.

Article 14In cases falling under any of the following items, a person who has committed the relevant violation is subject to imprisonment for not more than one year or a fine of not more than five hundred thousand yen:

Article 15If a person has failed to make a notification or has made a false notification in violation of an order under Article 5, paragraph (1), the person who has committed the relevant violation is punished by a fine of not more than five hundred thousand yen.

Article 16In cases falling under any of the following items, a person who has committed the relevant violation is punished by a fine of not more than three hundred thousand yen:

Article 17If a representative of a corporation, or any agent, employee, or other worker of a corporation or individual, has violated the provisions of the preceding three Articles regarding the business operation of the corporation or individual, a wrongdoer is subject to the punishment, and the fine referred to in the respective Article is imposed on the corporation or the individual.