Act on Special Measures for Responding to Nuclear Disasters(Act No. 156 of 1999)
Last Version: Act No. 30 of 2021
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令和6年11月7日
- 最終更新:令和三年法律第三十号
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令和5年5月31日
- 最終更新:令和三年法律第三十号
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平成21年3月31日
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Act on Special Measures for Responding to Nuclear Disasters
Act No. 156 of December 17, 1999
Table of Contents
Chapter I General Provisions (Articles 1 to 6)
Chapter I-2 Nuclear Regulation Authority Guide for Emergency Preparedness and Response (Article 6-2)
Chapter II Obligations of Nuclear Operators to Prevent Nuclear Disasters (Articles 7 through 14)
Chapter III Declaring Nuclear Emergencies and Establishment of Nuclear Disaster Response Headquarters (Articles 15 through 24)
Chapter IV Implementation of Emergency Response Measures and Related Actions (Articles 25 and 26)
Chapter V Post-Nuclear Disaster Measures (Articles 27 through 27-6)
Chapter VI Miscellaneous Provisions (Articles 28 through 36)
Chapter VII Penal Provisions (Articles 37 through 40)
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to strengthen nuclear disaster prevention and response measures, thereby protecting the lives, physical well-being, and property of the public from the consequences of nuclear disasters, taking into consideration the characteristics of nuclear disasters; in conjunction with the Act on the Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors (Act No. 166 of 1957; referred below 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 of nuclear operators to prevent nuclear disasters, issuing declarations of nuclear emergencies, and establishing a nuclear disaster response headquarters, as well as the implementation of emergency response measures and other relevant special measures for nuclear disasters.
(Definitions)
Article 2Terms used in this Act are defined as follows:
(i)the term "nuclear disaster" means a situation in which damage to the lives, physical well-being, or property of the public occurs due to a nuclear emergency;
(ii)the term "nuclear emergency" means a situation in which abnormal levels of radioactive material or radiation has been released outside the nuclear facility site of a nuclear operator (in cases of transporting radioactive materials outside nuclear facility sites (referred below to as "transporting outside nuclear facility sites"), released outside vessels used for the transporting these materials) due to the operation of a reactor (i.e., the operation of the reactor prescribed in Article 2, paragraph (1) of the Act on Compensation for Nuclear Damage [Act No. 147 of 1961]; the same applies below) by the nuclear operator;
(iii)the term "nuclear operator" means a person or an organization that falls under any of the following standards (excluding, pursuant to Cabinet Order provisions, a person or an organization that has been designated by the Nuclear Regulation Authority ("NRA") that does not plan to use facilities for the operation of the nuclear reactors over the long term).
(a)a person or an organization that has obtained permission for the operation of a processing business pursuant to Article 13, paragraph (1) of the Reactor Regulation Act (including cases where approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases 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 approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases pursuant to the provisions of Article 76 of the Reactor Regulation Act, but excluding permission for reactors for testing and research installed on ships);
(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 approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(d)a person or an organization that has obtained permission to operate a spent fuel storage business pursuant to Article 43-4, paragraph (1) of the Reactor Regulation Act (including cases where approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases 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 approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases pursuant to the provisions of Article 76 of the Reactor Regulation Act);
(f)a person or an organization that has obtained permission to operate a radioactive waste disposal or storage business pursuant to Article 51-2, paragraph (1) of the Reactor Regulation Act (including cases where approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases 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 approval is given to the State under the provisions of that paragraph applied by replacing the terms and phrases pursuant to the provisions of Article 76 of the Reactor Regulation Act) (limited to a person or an organization 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 place where a nuclear operator runs nuclear reactors;
(v)the term "emergency response measures" means temporary measures implemented in order to prevent the progression 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-nuclear disaster measures" means measures that should be implemented to prevent the progression of a nuclear disaster (including the probability of the occurrence of a nuclear disaster) or to promote nuclear disaster recovery efforts (excluding compensation by nuclear operators 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 administrative organizations" means designated administrative organizations prescribed in Article 2, item (iii) of the Basic Act on Disaster Management;
(ix)the term "designated local administrative organizations" means designated local administrative organizations prescribed in Article 2, item (iv) of the Basic Act on Disaster Management;
(x)the term "designated public corporations" means designated public corporations prescribed in Article 2, item (v) of the Basic Act on Disaster Management;
(xi)the term "designated local public corporations" means designated local public corporations prescribed in Article 2, item (vi) of the Basic Act on Disaster Management;
(xii)the term "disaster management plans" refer to the disaster management plans prescribed in Article 2, item (vii) of the Basic Act on Disaster Management as well as the disaster prevention plan for petroleum complexes and similar entities as defined in Article 31, paragraph (1) of the Act on the Prevention of Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities (Act No. 84 of 1975).
(Responsibilities of Nuclear Operators)
Article 3Nuclear operators are 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 of a nuclear disaster (including the probability of the occurrence of a nuclear disaster) and nuclear disaster recovery efforts.
(Responsibilities of the National Government)
Article 4(1)Pursuant to the provisions of this Act or any other relevant Act, the State must fulfill its responsibilities under Article 3, paragraph (1) of the Basic Act on Disaster Management concerning nuclear disasters by establishing a nuclear disaster 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 as well as post-nuclear disaster measures.
(2)To ensure the smooth implementation of nuclear disaster prevention measures, emergency response measures, and post-nuclear disaster measures by local governments under the provisions of this Act, the head of a designated administrative organization (if the designated administrative organization is a committee or any other organization based on the council system; the same applies below except in Article 17, paragraph (7), item (iii)) and the head of a designated local administrative organization must make recommendations and provide 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 must provide guidance and advice to a nuclear operator and implement other appropriate measures to ensure that nuclear disaster prevention measures, emergency response measures, and post-nuclear disaster measures are smoothly implemented by the nuclear operator under the provisions of this Act.
Article 4-2In anticipation of a nuclear disaster caused by a large-scale natural disaster, terrorism, or other criminal acts, the national government is responsible for taking all possible measures for the prevention of a nuclear disaster, including the strengthening of security systems, the thorough implementation of in-depth defense at nuclear facility sites, and the development of countermeasures depending on potential damage, from the viewpoint of minimizing resulting damage.
(Responsibilities of Local Governments)
Article 5Pursuant to the provisions of this Act or any other relevant Act, a local government must fulfill their responsibilities under Article 4, paragraph (1) and Article 5, paragraph (1) of the Basic Act on Disaster Management concerning nuclear disasters by taking measures necessary for the implementation of nuclear disaster prevention measures, emergency response measures, and post-nuclear disaster measures.
(Coordination and Cooperation among Relevant Organizations)
Article 6The national government, a local government, a nuclear operator, designated public corporations, and designated local public corporations must 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-nuclear disaster measures.
Chapter I-2 Nuclear Regulation Authority Guide for Emergency Preparedness and Response
Article 6-2(1)The NRA must establish guidelines (the "Nuclear Regulation Authority Guide for Emergency Preparedness and Response" [NRA EPR Guide]) to ensure that nuclear disaster prevention measures, emergency response measures, and post-nuclear disaster measures (stated in the next paragraph as "nuclear disaster countermeasures") are smoothly implemented by a nuclear operator, the head of a designated administrative organization, and the head of a designated local administrative organization, a local government, designated public corporations, or designated local public corporations, 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 is to prescribe the following in the NRA EPR Guide:
(i)basic matters concerning measures to be implemented as nuclear disaster countermeasures;
(ii)matters concerning the system for implementing for the nuclear disaster countermeasures;
(iii)matters concerning the establishment of the major area for nuclear disaster countermeasures;
(iv)beyond what is listed in the preceding three items, important matters concerning the smooth implementation of the nuclear disaster countermeasures.
(3)The NRA must publicize this guide when measures have been established or changed without delay.
Chapter II Obligations of Nuclear Operators to Prevent Nuclear Disasters
(Nuclear Operator Disaster Management Operation Plans)
Article 7(1)Pursuant to the provisions of Cabinet Office Order and NRA Ordinances, a nuclear operator must prepare a nuclear operator disaster management operation plan for each of its nuclear facility sites covering its nuclear disaster prevention measures, emergency response measures, and post-nuclear disaster measures as well as other duties that are necessary for preventing the occurrence and progression of nuclear disasters and for promoting nuclear disaster recovery efforts, review its nuclear operator disaster management operation plan every year, and revise the plan where necessary. In this case, the nuclear operator disaster management operation plan must 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 complexes and similar entities as defined in Article 31, paragraph (1) of the Act on the Prevention of Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities (stated in the next paragraph as a "local disaster management plan or related plan").
(2)If a nuclear operator prepares or revises a nuclear operator disaster management operation plan pursuant to the provisions of the preceding paragraph, the nuclear operator must, pursuant to the provisions of Cabinet Order, confer in advance with the prefectural governor that has jurisdiction over the area where the relevant nuclear facility site is located (referred below to as the "competent prefectural governor"), with the municipal mayors that have jurisdiction over this area (referred below to as the "competent municipal mayors"), with the prefectural governor of prefecture that includes municipalities neighboring a municipality that includes this area, and with the prefectural governor that meets the requirements specified by Cabinet Order as equivalent to the above (excluding the competent prefectural governor; the "related neighboring prefectural governors"). In this case, the competent prefectural governor and related neighboring prefectural governors hear the opinions of the mayors of related neighboring municipalities (i.e., the mayors of municipalities that have prepared a local disaster management plan or related plan [excluding those listed in Article 2, item (x), (a) or (c) of the Basic Act on Disaster Management] concerning nuclear disasters relating to the nuclear facility site with regard to the relevant municipal area and that fulfill other requirements specified by Cabinet Order [excluding the competent municipal mayors]; the same applies below).
(3)If a nuclear operator prepares or revises a nuclear operator disaster management operation plan pursuant to the provisions of paragraph (1), the nuclear operator must immediately notify the Prime Minister and the NRA of the plan and publicize the outline of the plan.
(4)If the Prime Minister and the NRA find a nuclear operator to be in violation of the provisions of paragraph (1) or find the nuclear operator disaster management operation plan prepared by the nuclear operator to be insufficient to prevent the occurrence or progression of a nuclear disaster relating to the relevant nuclear facility site, the Prime Minister and the NRA may order the relevant nuclear operator to prepare a nuclear operator emergency preparedness and response plan or to revise its nuclear operator disaster management operation plan.
(Disaster Management Organization for Nuclear Emergency Preparedness)
Article 8(1)A nuclear operator must establish a disaster management organization for nuclear emergency preparedness at each of its nuclear facility sites.
(2)In accordance with the nuclear operator disaster management operation plan prescribed in paragraph (1) of the preceding Article, a disaster management organization for nuclear emergency preparedness is to perform the necessary duties to prevent the occurrence or progression of a nuclear disaster prescribed in the same paragraph.
(3)Pursuant to NRA Ordinances, the nuclear operator must appoint nuclear disaster management staff to carry out the duties prescribed in the preceding paragraph at its disaster management organization for nuclear emergency preparedness.
(4)When a nuclear operator appoints nuclear disaster management staff at its disaster management organization for nuclear emergency preparedness, it must notify the NRA, the competent prefectural governor, the competent municipal mayors, and the related neighboring prefectural governors of its current status, pursuant to the provisions of NRA Ordinances. In this case, the NRA is to send a copy of the document relating to this notification to the Prime Minister, while the competent prefectural governor and the related neighboring prefectural governors are to send a copy of the same document to the mayors of related neighboring municipalities.
(5)If the NRA finds a nuclear operator to be in violation of the provisions of paragraph (1) or (3), the NRA may order the nuclear operator to establish a disaster management organization for nuclear emergency preparedness or appoint nuclear disaster management staff.
(Nuclear Emergency Preparedness Managers)
Article 9(1)A nuclear operator must appoint a nuclear emergency preparedness manager for each of its nuclear facility sites to manage the relevant disaster management organization for nuclear emergency preparedness.
(2)A person that manages and administers the operation of the relevant nuclear facility site must serve as the nuclear emergency preparedness manager.
(3)A nuclear operator must appoint a deputy nuclear emergency preparedness manager from among those in a managerial or supervisory position that are able to appropriately perform duties concerning the prevention of the occurrence or progression 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 disaster management organization for nuclear emergency preparedness.
(4)If a nuclear emergency preparedness manager is not located within the relevant nuclear facility site, the nuclear operator must have a deputy nuclear emergency preparedness manager manage the relevant disaster management organization for nuclear emergency preparedness.
(5)When a nuclear operator appoints a nuclear emergency preparedness manager or a deputy nuclear emergency preparedness manager pursuant to the provisions of paragraph (1) or (3), the nuclear operator must notify the NRA, the competent prefectural governor, the competent municipal mayors, and the related neighboring prefectural governors of the appointment without delay, pursuant to NRA Ordinances. The same applies to the dismissal of that person. In this case, the NRA is to send a copy of the document relating to this notification to the Prime Minister.
(6)The provisions of the second sentence of paragraph (4) of the preceding Article apply mutatis mutandis to the notification stated in the preceding paragraph.
(7)If the NRA finds a nuclear operator to be in violation of the provisions of paragraph (1) or (3) or if a nuclear emergency preparedness manager or a deputy nuclear emergency preparedness manager violates the provisions of this Act or any order issued based on this Act, the NRA may order the nuclear operator to appoint a nuclear emergency preparedness manager or a deputy nuclear emergency preparedness manager or to dismiss the relevant nuclear emergency preparedness manager or deputy nuclear emergency preparedness manager.
(Obligations to Notify Nuclear Emergency Preparedness Managers)
Article 10(1)If a nuclear emergency preparedness manager discovers or is notified that a radiation dose above the limit specified by Cabinet Order has been detected, near the border of an area where a nuclear facility site is located or that an incident pursuant to the provisions of Cabinet Order has occurred, the manager must promptly notify the Prime Minister, the NRA, the competent prefectural governor, the competent municipal mayors, and the related neighboring prefectural governors (in the case of an incident relating 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 mayors that have jurisdiction over the area where the incident occurred) of this excessive radiation dose, pursuant to the provisions of Cabinet Office Order and NRA Ordinances (in the case of an incident relating to transport outside the nuclear facility site, Cabinet Office Order, NRA Ordinances, and Order of the Ministry of Land, Infrastructure, Transport and Tourism) and the provisions of the nuclear operator disaster management operation plan. In this case, the competent prefectural governor and the related neighboring prefectural governors are to notify the related neighboring municipal mayors of this excessive radiation dose.
(2)If a prefectural governor or a 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 relating to transport outside the nuclear facility site, the Prime Minister, the NRA, and the Minister of Land, Infrastructure, Transport and Tourism; the same applies in this paragraph and Article 15, paragraph (1), item (1)) to dispatch expert officials for the purpose of investigating the situation, pursuant to the provisions of Cabinet Order. In this case, the Prime Minister and the NRA must dispatch qualified officials.
(Preparation of Radiation Measuring Equipment and Other Necessary Materials and Equipment)
Article 11(1)In accordance with the requirements specified by NRA Ordinances, a nuclear operator must establish and maintain at its nuclear facility site radiation measuring equipment, necessary for issuing notifications under the provisions of the first sentence of paragraph (1) of the preceding Article.
(2)A nuclear operator must install and conduct maintenance and inspection as necessary protection apparatus for radiation hazards, emergency communication devices, and any other materials and equipment that the disaster management organization for nuclear emergency preparedness requires to perform its duties as specified by Cabinet Office Order and NRA Ordinances (referred below to as "materials and equipment for nuclear disaster management") in its disaster management organization for nuclear emergency preparedness.
(3)If a nuclear operator installs radiation measuring equipment 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 operator must notify the Prime Minister, the NRA, the competent prefectural governor, the competent municipal mayors, and the related neighboring prefectural governors of the status of the facility or materials and equipment, pursuant to the provisions of Cabinet Office Order and NRA Ordinances.
(4)The provisions of the second sentence of Article 8, paragraph (4) apply mutatis mutandis to the notification stated in the preceding paragraph.
(5)If a nuclear operator installs radiation measuring equipment pursuant to the provisions of paragraph (1), the nuclear operator must undergo an inspection conducted by the NRA with regard to the performance of the equipment, pursuant to the provisions of NRA Ordinances.
(6)If the Prime Minister and the NRA find a nuclear operator to be in violation of the provisions of paragraph (1) or (2), they may order the nuclear operator to implement necessary measures for the installation, maintenance, or improvement of its radiation measuring equipment or for the installation or the maintenance and inspection of its materials and equipment for nuclear disaster management.
(7)A nuclear operator must record the measurements for the radiation dose detected by radiation measuring equipment under paragraph (1) and publicize the values, pursuant to the provisions of NRA Ordinances.
(Designation of Off-Site Centers)
Article 12(1)For each nuclear facility site, the Prime Minister is to 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-nuclear disaster measures taken by a person or an organization prescribed in Article 27, paragraph (2), and this facility is to be located within the prefecture that includes the area where the relevant nuclear facility site is located and must fulfill other requirements specified by Cabinet Office Order (referred below to as "off-site center").
(2)When the Prime Minister designates an off-site center or changes its designation, the Prime Minister must hear in advance the opinions of the NRA, the competent prefectural governor, the competent municipal mayors, the municipal mayors that have jurisdiction over the location of the off-cite center (excluding the competent municipal mayors), and the nuclear operator related to that off-site center.
(3)The Prime Minister must carry out the designation or change of designation prescribed in paragraph (1) by issuing a public notice to that effect in the Official Gazette.
(4)If a nuclear operator is designated pursuant to paragraph (1), it must submit to the Prime Minister the materials specified by Cabinet Office Order as those necessary to enable a person or an organization prescribed in Article 26, paragraph (2) to implement emergency response measures relating 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-nuclear disaster measures relating to the relevant nuclear facility site, at the relevant off-site center. The same applies if there has been a change to the content of any of the submitted documents.
(5)The Prime Minister is to keep the documents submitted pursuant to the provisions of the preceding paragraph at the relevant off-site center.
(6)If the Prime Minister establishes or revises by Cabinet Office Order pursuant to paragraphs (1) and (4), the Prime Minister must 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 same paragraph pursuant to the provisions of a disaster management plan or a nuclear operator disaster management operation plan, respectively) are to be carried out based on a plan prepared by the Prime Minister pursuant to the provisions of Cabinet Office Order.
(2)A plan prepared pursuant to the provisions of the preceding paragraph is to 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 relating to the operation specified in the provisions of Articles 10, 15 and 23;
(iii)beyond what is listed in the preceding two items, matters necessary for promoting the implementation of nuclear disaster prevention measures.
(3)If the Prime Minister establishes or revises Cabinet Office Order pursuant to paragraph (1), or prepares a plan, the Prime Minister must hear the opinion of the NRA in advance.
(Reports on the Result of Implementation of Nuclear Emergency Response Drills)
Article 13-2(1)A nuclear operator must 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 same paragraph; the same applies in the next paragraph) and publicize its summary at the same time, pursuant to the provisions of NRA Ordinances. In this case, the NRA is to send a copy of documents relating 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 of a nuclear disaster at the nuclear facility site identified in the report, the NRA may order the nuclear operator that submitted the report to make improvements to 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 operator to implement emergency response measures relating to the nuclear facility site of another nuclear operator, the nuclear operator implementing these measures must 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 Disaster Response Headquarters
(Declaration of a Nuclear Emergency)
Article 15(1)If the NRA finds that a nuclear emergency falling under any of the following standards has occurred, the NRA must 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 Cabinet Order as being the condition for an unusual radiation dose is exceeded by the detected radiation dose relating 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 radiation measuring equipment using a measuring method specified by Cabinet Order;
(ii)beyond what is listed in the preceding item, an incident specified by Cabinet Order as being an indicator of the occurrence of a nuclear emergency situation.
(2)If a report or submission is filed pursuant to the provisions of the preceding paragraph, the Prime Minister is to promptly issue a public notice describing the occurrence of a nuclear emergency and the following matters (referred below to as "declaration of a nuclear emergency"):
(i)the area where emergency response measures should be implemented;
(ii)an overview of the nuclear emergency;
(iii)beyond 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 (referred below to as "residents and other relevant persons and organizations") 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 is to promptly instruct municipal mayors and prefectural governors that have jurisdiction over the area listed in item (i) of the preceding paragraph to issue instructions for evacuation or sheltering indoors 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 provide these municipal mayors and prefectural governors other instructions concerning emergency response measures.
(4)After issuing a declaration of a nuclear emergency, if the Prime Minister finds that it is no longer necessary to implement emergency measures in order to prevent the progression of a nuclear disaster, the Prime Minister is to immediately issue a public notice describing the cancellation of the declaration of a nuclear emergency and the following matters (referred below to as "declaration of the cancellation of a nuclear emergency").
(i)the area where post-nuclear disaster measures should be implemented;
(ii)beyond what is listed in the preceding item, matters that need to be known by residents in the area listed in item (i).
(Establishment of Nuclear Disaster Response Headquarters)
Article 16(1)If the Prime Minister issues a declaration of a nuclear emergency, the Prime Minister is to temporarily establish a nuclear disaster response headquarters within the Cabinet Office after holding deliberations in a cabinet meeting in order to promote emergency response and post-nuclear disaster measures for the nuclear emergency (referred below to as "emergency response measures), 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 a nuclear disaster response headquarters, they must promptly issue a public notice announcing the name of the nuclear disaster response headquarters, its location, and the expected duration of its establishment; furthermore, when the nuclear disaster response headquarters are closed down, the Prime Minister must promptly issue a public notice announcing this fact.
(Organization of Nuclear Disaster Response Headquarters)
Article 17(1)The head of the nuclear disaster response headquarters is to be the chairperson of the nuclear disaster response headquarters, and the Prime Minister (or in the event of the Prime Minister being incapacitated, a Minister of State designated in advance by the Prime Minister) is to serve in this capacity.
(2)The chairperson of the nuclear disaster response headquarters is to manage the functions of the nuclear disaster response headquarters as well as direct and supervise its officials.
(3)The nuclear disaster response headquarters is to have vice 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 relating 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) are to serve as the vice chairpersons of the nuclear disaster response headquarters.
(5)In addition to the persons listed in the preceding paragraph, the chairperson of the nuclear disaster 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 disaster response headquarters based on the Prime Minister's nomination from among members of the nuclear disaster response headquarters, including Ministers of State other than the Chief Cabinet Secretary and 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 state ministers of other relevant ministries.
(6)The vice chairpersons of the nuclear disaster response headquarters are to assist the chairperson of the nuclear disaster response headquarters and, in the event of the chairperson of the nuclear disaster response headquarters experiencing an accident, the vice chairperson is to be delegated the duties of the chairperson. If there are two or more vice chairpersons of the nuclear disaster response headquarters, they are to be delegated the duties of the chairperson in the order set in advance by the chairperson of the nuclear disaster response headquarters.
(7)The following persons are to serve as members of the nuclear disaster response headquarters:
(i)all Ministers of State other than the chairperson and the vice chairpersons of the nuclear disaster response headquarters;
(ii)the Deputy Chief Cabinet Secretary for Crisis Management;
(iii)a person appointed by the Prime Minister from among State Ministers other than the vice chairpersons of the nuclear disaster response headquarters, the Parliamentary Vice-Ministers of the Environment, the Parliamentary Vice-Ministers of relevant ministries, or the heads of designated administrative organizations other than the Ministers of State.
(8)The officials of the nuclear disaster response headquarters other than the vice chairpersons and the members of the nuclear disaster response headquarters are to be appointed by the Prime Minister from among the officials of the Cabinet Secretariat or a designated administrative organization, or the head or officials of a designated local administrative organization.
(9)A local nuclear disaster response headquarters is to be established within the nuclear disaster response headquarters as an organization that conducts part of the functions of the nuclear disaster response headquarters as specified by the chairperson of the nuclear disaster response headquarters in the area for implementing emergency response measures (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 applies below) 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 area for implementing post-nuclear disaster measures (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 applies below) 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) would not apply.
(10)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the local nuclear disaster response headquarters.
(11)The local nuclear disaster response headquarters prescribed in paragraph (2) of the preceding Article, as applied mutatis mutandis pursuant to the preceding paragraph, is to be established at an off-site center designated pursuant to the provisions of Article 12, paragraph (1) with regard to a nuclear facility site relating to the relevant nuclear emergency (if a nuclear emergency relating 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 disaster response headquarters taking into consideration the place where the nuclear emergency has occurred; the same applies in Article 23, paragraph (5)).
(12)The local nuclear disaster response headquarters is to have a chairperson, members, and other officials.
(13)The chairperson of the local nuclear disaster response headquarters is to take charge of the functions of the local nuclear disaster response headquarters under the orders of the chairperson of the relevant nuclear disaster response headquarters.
(14)The chairperson, members, and other officials of the local nuclear disaster response headquarters are to be appointed from among the vice chairpersons, members, and other officials of the relevant nuclear disaster response headquarters based on designations by the chairperson of the relevant nuclear disaster response headquarters.
(Functions under the Jurisdiction of the Nuclear Disaster Response Headquarters)
Article 18The nuclear disaster response headquarters is to take charge of the following functions:
(i)functions relating to the formulation of a policy for accurately and promptly executing emergency response measures;
(ii)functions related to the comprehensive coordination of emergency response measures that are implemented by the head of a designated administrative organization, the head of a designated local administrative organization, the head or any other executive agency of a local government, designated public corporations, designated local public corporations, and disaster management organization for nuclear emergency preparedness of a nuclear operator in the area for implementing emergency response measures based on the disaster management plan, NRA EPR guide, or the nuclear operator disaster management operation plan;
(iii)functions related to the comprehensive coordination of post-nuclear disaster measures in the area for implementing post-nuclear disaster measures which can be enforced by the head of a designated administrative organization, the head of a designated local administrative organization, the head or any other executive agency of a local government, designated public corporations, designated local public corporations, and disaster management organization for nuclear emergency preparedness of a nuclear operator, based on the disaster management plan, NRA EPR guide, or the nuclear operator disaster management operation plan;
(iv)functions that fall under the authority of the chairperson of the nuclear disaster response headquarters pursuant to the provisions of this Act;
(v)beyond what is listed in the preceding four items, functions that fall under its authority pursuant to the provisions of the relevant laws and regulations.
(Delegation of the Authority of the Heads of Designated Administrative Organizations)
Article 19(1)If a nuclear disaster response headquarters is established, the head of a designated administrative 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 administrative organization or the head or officials of relevant designated local administrative organization that serve as officials of the nuclear disaster response headquarters.
(2)If the head's authority is delegated pursuant to the provisions of the preceding paragraph, the head of the designated administrative organization must promptly issue a public notice announcing this delegation of authority.
(Authority of the Chairperson of the Nuclear Disaster Response Headquarters)
Article 20(1)The chairperson of the nuclear disaster response headquarters may coordinate the exercising of the chairperson's authority by officials to which this authority has been delegated pursuant to the provisions of the preceding Article within the area for implementing emergency response measures and post-nuclear disaster measures of the nuclear disaster response headquarters.
(2)If the chairperson of the nuclear disaster response headquarters finds it especially necessary for emergency response measures and other activities to be implemented accurately and promptly in the area for implementing emergency response measures and post-nuclear disaster measures covered by the nuclear disaster response headquarters, the chairperson of the nuclear disaster response headquarters may, within the limits necessary, issue the required instructions to the head of the relevant designated administrative organization and the head of the relevant designated local administrative organization as well as the officials of the designated administrative and the officials of the designated local administrative organization to which the chairperson's authority has been delegated pursuant to the provisions of the preceding Article, the head or any other executive agency of a local government, designated public corporations, designated local public corporations, and a nuclear operator.
(3)The instructions issued by the chairperson of the nuclear disaster response headquarters pursuant to the provisions of the preceding paragraph are to exclude matters pertinent to the content of any judgment required for the NRA to ensure the safety of a nuclear facility based on exclusive technical knowledge and expertise related to these matters within the scope of the its administration.
(4)If the chairperson of the nuclear disaster response headquarters finds it necessary to request support from the Self-Defense Forces in order to implement emergency response measures accurately and promptly in areas for implementing emergency response measures covered by the nuclear disaster response headquarters, the chairperson of the nuclear disaster response headquarters may request the Minister of Defense to dispatch the units or other relevant parties prescribed in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954).
(5)If the chairperson of the nuclear disaster response headquarters finds it especially necessary for emergency response measures and other activities to be implemented accurately and promptly in the area for implementing emergency response measures and the post-nuclear disaster measures covered by the nuclear disaster response headquarters, the chairperson of the nuclear disaster response headquarters may request materials, information, expression of opinions, and other necessary cooperation from the head of the relevant administrative organization, the head of the relevant local administrative organization, the head or any other executive agency of a local government, designated public corporations, designated local public corporations, a nuclear operator, and other parties concerned.
(6)In accordance with changes to the circumstances of a nuclear emergency, the chairperson of the nuclear disaster 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 relating to the nuclear disaster response headquarters by issuing a public notice.
(7)In accordance with the status of implementation of the post-nuclear disaster measures, the chairperson of the nuclear disaster response headquarters may change the matters listed in the items of Article 15, paragraph (4) that have been publicized in the declaration of the cancellation of a nuclear emergency relating to the nuclear disaster response headquarters by issuing a public notice.
(8)The chairperson of the nuclear disaster 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 disaster response headquarters.
(9)The chairperson of the nuclear disaster 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 head of the relevant designated administrative organization pursuant to the provisions of paragraph (2)) to the chairperson of the local nuclear disaster response headquarters.
(10)If the chairperson of the nuclear disaster response headquarters delegates the chairperson's authority pursuant to the provisions of the preceding two paragraphs, the chairperson of the nuclear disaster response headquarters must promptly issue a public notice announcing this delegation of authority.
(Discontinuation of Nuclear Disaster Response Headquarters)
Article 21The nuclear disaster response headquarters are to be discontinued when the establishment period of the nuclear disaster response headquarters expires.
(Mandatory Establishment of Prefectural and Municipal Disaster Management Headquarters)
Article 22(1)If a declaration of a nuclear emergency is issued, a prefectural governor and a municipal mayor that have jurisdiction over the area for implementing emergency response measures relating to the declaration of a nuclear emergency are to 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 mayors that has jurisdiction over the area for implementing post-nuclear disaster measures is to remain in place.
(Joint Council for Nuclear Emergency Response)
Article 23(1)If a declaration of a nuclear emergency is issued, the local nuclear disaster response headquarters and the prefectural and municipal disaster management headquarters that have jurisdiction over the area for implementing emergency response measures relating to the declaration of a nuclear emergency are to 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 relating to the relevant nuclear emergency, the joint council for nuclear emergency response that has been organized pursuant to the provisions of the preceding paragraph is to survive as an organization to cooperate reciprocally in the implementation of the respective post-nuclear disaster measures between the local nuclear disaster 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 is to consist of the following persons:
(i)a chairperson, members, and other officials of the local nuclear disaster 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 that 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 that 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 agencies, nuclear operators, or any other council members responsible for the implementation of nuclear emergency response measures or post-nuclear disaster measures in addition to the persons listed in the preceding paragraph.
(5)A joint council for nuclear emergency response is to 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 do not apply to the nuclear emergency related to the declaration of a nuclear emergency.
Chapter IV Implementation of Emergency Response Measures and Related Actions
(Emergency Responses to Be Implemented by Nuclear Operators)
Article 25(1)If an incident specified by 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 must promptly have the disaster management organization for nuclear emergency preparedness for the relevant nuclear facility site implement the emergency responses necessary to prevent the occurrence or progression of a nuclear disaster, pursuant to the provisions of a nuclear operator disaster management operation plan.
(2)Under the circumstances prescribed in the preceding paragraph, the nuclear operator must 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 mayors, and the related neighboring prefectural governors (in the event of an incident relating 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 mayors that have jurisdiction over the place where the incident has occurred), pursuant to the provisions of the nuclear operator disaster management operation plan. In this case, the competent prefectural governor and the related neighboring prefectural governors are to notify the mayors of related neighboring municipalities of the content of this report.
(Emergency Response Measures and Responsibilities for Their Implementation)
Article 26(1)Emergency response measures are to 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, removal of contamination caused by radioactive materials, and other matters relating to the implementation of emergency responses;
(viii)beyond what is listed in the preceding seven items, matters relating to measures for preventing the progression 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 head of a designated administrative organization, the head of a designated local administrative organization, the head or any other executive agency of a local government, designated public corporations, and designated local public corporations, a nuclear operator, and other persons responsible for the implementation of emergency response measures pursuant to the provisions of the relevant laws and regulations must implement emergency response measures pursuant to the provisions of the relevant laws and regulations, the disaster management plan, NRA EPR guide, or the nuclear operator disaster management operation plan.
(3)Pursuant to the provisions of the relevant laws and regulations, the disaster management plan, NRA EPR guide, or the nuclear operator disaster management operation plan, the nuclear operator must 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 head of a designated administrative organization, the head of a designated local government organization, and the head or any other executive agency of a local government.
Chapter V Post-Nuclear Disaster Measures
(Post-Nuclear Disaster Measures and Responsibilities for Their Implementation)
Article 27(1)Post-nuclear disaster measures are to be implemented with regard to the following:
(i)investigation of the concentration of radioactive materials, the density of radioactive materials, or the radiation dose in the area for implementing post-nuclear disaster measures;
(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 area for implementing post-nuclear disaster measures 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)beyond what is listed in the preceding three items, matters relating to measures for preventing the progression of a nuclear disaster (including the probability of the occurrence of a nuclear disaster) or promoting nuclear disaster recovery efforts.
(2)The head of a designated administrative organization, the head of a designated local administrative organization, the head or any other executive agency of a local government, designated public corporations, and designated local public corporations, a nuclear operator, and other persons responsible for post-nuclear disaster measures pursuant to the provisions of the relevant laws and regulations must implement post-nuclear disaster measures pursuant to the provisions of the relevant laws and regulations, the disaster prevention plan, NRA EPR guide, or the nuclear operator disaster management operation plan.
(3)Pursuant to the provisions of the relevant laws and regulations, the disaster management plan, NRA EPR guide, or the nuclear operator disaster management operation plan, the nuclear operator must 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-nuclear disaster measures by the head of a designated administrative organization, the head of a designated local administrative organization, 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 area for implementing post-nuclear disaster measures, the municipal mayors may, in recognition of the particular need to protect the lives and physical well-being of the public from this nuclear disaster and prevent the progression 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 area for implementing post-nuclear disaster measures to evacuate or shelter indoors.
(2)If instructions to evacuate or shelter indoors are issued pursuant to the provisions of the preceding paragraph, when necessary, the municipal mayors may instruct, 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 area for implementing post-nuclear disaster measures, the municipal mayors may, in recognition that the evacuation could in fact jeopardize the lives or physical well-being of the public, and that the need is urgent in light of the situation, instruct residents, visitors, and other persons as deemed necessary in the district where the measures as deemed to be required within the area for implementing post-nuclear disaster measures to implement sheltering indoors and other actions for securing safety urgently (referred below to as "urgent measures to ensure safety").
(4)If the municipal mayors, pursuant to the provisions of paragraph (1), issue instructions to evacuate or shelter indoors, designate the evacuation or shelter destination or, issue instructions to implement urgent measures to ensure safety pursuant to the provisions of the preceding paragraph, the mayors must immediately report the relevant actions to the chairperson of the nuclear disaster response headquarters and the prefectural governor.
(5)If the evacuation proves to be unnecessary, the municipal mayors must promptly publicize this matter. The provisions of the preceding paragraph 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 indoors or the implementation of urgent measures to ensure safety, or upon the request of the municipal mayors, a police officer or a coast guard officer may, where necessary, issue instructions for an evacuation or sheltering indoors or the implementation of urgent measures 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 area for implementing post-nuclear disaster measures.
(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case in which a police officer or a coast guard officer issues instructions regarding safety measures such as evacuation or sheltering indoors, pursuant to the provisions of the preceding paragraph.
(3)If a police officer or a coast guard officer issues instructions for an evacuation or sheltering indoors or the implementation of urgent measures to ensure safety, pursuant to the provisions of paragraph (1), both the police officer and the coast guard officer must promptly notify the municipal mayors of these measures.
(4)The provisions of paragraphs (4) and (5) of the preceding Article apply mutatis mutandis to a municipal mayor that receives a notification pursuant to the preceding paragraph.
(Advice by the Heads of Designated Administrative Organizations)
Article 27-4If the municipal mayors, pursuant to the provisions of Article 27-2, paragraph (1), intend to issue instructions to evacuate or shelter indoors or to issue instructions to implement urgent measures to ensure safety, pursuant to the provisions of Article 27-2, paragraph (3), the mayors may, where necessary, ask the head of a designated administrative organization, the head of a designated local administrative organization, or the prefectural governor for advice concerning affairs relevant to the instructions. In this case, the head of a designated administrative organization, the head of a designated local administrative organization, or the prefectural governor are to 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 apply mutatis mutandis to the case in which the municipal mayors issues instructions to evacuate or shelter indoors, pursuant to Article 27-2, paragraph (1), or issues instructions to implement urgent measures to ensure safety, pursuant to the provisions of Article 27-2, paragraph (3).
(Rights of the Municipal Mayors to Establish Restricted Areas)
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 area for implementing post-nuclear disaster measures, the municipal mayors may, in recognition of the particular need to protect the lives and physical well-being of the public, establish a restricted area in the area for implementing post-nuclear disaster measures so that the mayors can limit or prohibit entry into the restricted area for persons that are not concerned with the post-nuclear 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 mayors or municipal officers to which the mayors' 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 officer or the coast guard officer may exercise the municipal mayors' authority, pursuant to the provisions of the same paragraph. In this case, if they exercise the municipal mayors' authority, as provided for in the same paragraph, the police officer or the coast guard officer must promptly notify the mayors of their actions.
(3)The provisions of Article 27-4 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
(Replacement of Terms and Phrases of Provisions in the Basic Act on Disaster Management)
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 Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities), the terms and phrases listed in the middle column of this table for these provisions are to 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 applies below )
|
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
|
uclear operators (i.e., nuclear operators as prescribed in Article 2, item (iii) of the Act on Special Measures Concerning Nuclear Emergency Preparedness. The same applies below .), and other parties concerned
|
Article 34, paragraph (1)
|
disasters and disaster management
|
nuclear disasters and nuclear nisaster 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 NRA 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 applies below )
|
Article 38
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basic disaster management plan
|
basic disaster management plan, NRA EPR Guide
|
Article 39, paragraph (1) and Article 40, paragraph (1)
|
basic disaster management plan
|
basic disaster management plan, andNRA 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 applies below ) and other information regarding a nuclear disaster (including the probability of the occurrence of a nuclear disaster)
|
|
fire-fighting, flood prevention, rescue
|
rescue
|
|
emergencydisaster control measures and disaster recovery efforts
|
emergency response measures and post-nuclear 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, NRA EPR Guide
|
Article 42, paragraph (2), item (i)
|
basic disaster management plan
|
basic disaster management plan and NRA EPR Guide
|
Article 42, paragraph (2), item (ii)
|
preventive measures
|
nuclear disaster preventionmeasures
|
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 responsemeasures and post-nuclear 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)
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Article 42, paragraph (4)
|
when a disaster has occurred or is likely to occur
|
when anuclear disaster (including the probability of the occurrence of a nuclear disaster) has occurred
|
Article 43, paragraph (1) and Article 44, paragraph (1)
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basic disaster management plan
|
basic disaster management plan and NRA EPR Guide
|
Article 46, paragraph (1)
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Disaster management is
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Nuclear disaster prevention measures are
|
the occurrence or spread of any disaster
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the occurrence or progression 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
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emergency response measures
|
|
Article 46, paragraph (2)
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implementation of disaster management ... carry out disaster management
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implementation of nuclear disaster prevention measures... carry out nuclear disaster prevention measures
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or under a disaster management plan
|
, under a disaster management plan, or under NRA EPR Guide
|
|
Article 47, paragraph (1)
|
or under a disaster management plan
|
, under a disaster management plan, or under NRA 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 managementplan, or under NRA EPR Guide
|
Article 47-2, paragraphs (1) and (2)
|
Persons responsible fordisastermanagement
|
Persons responsible for disaster management (including nuclear operators )
|
Article 48, paragraph (1)
|
Persons responsible fordisastermanagement
|
Persons responsible for disaster management (including nuclear operators )
|
or under a disaster management plan
|
, under a disaster management plan, or under a nuclear operator emergency preparedness and response plan (i.e., a nuclear operator 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 applies in paragraph (3))
|
|
Article 48, paragraph (3)
|
persons responsible fordisastermanagement
|
persons responsible for disaster management (including nuclear operators )
|
a disaster management plan and
|
a disaster management plan and a nuclear operator emergency preparedness and response plan and
|
|
Article 48, paragraph (4)
|
persons responsible fordisastermanagement
|
persons responsible for disaster management (including nuclear operators )
|
Article 49
|
or under a disaster management plan
|
, under a disaster management plan, or under NRA EPR Guide
|
emergency disaster control measures or disaster recovery efforts
|
emergency response measures orpost-nuclear disaster measures
|
|
Article 49-2 and Article 49-3
|
persons responsible fordisastermanagement
|
persons responsible for disaster management (including nuclear operators )
|
emergency disaster control measures or disaster recovery efforts
|
emergency response measures orpost-nuclear 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 indoors
|
|
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 indoors
|
|
Article 49-9
|
evacuation for
|
evacuation or sheltering indoors 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 ... fromnuclear 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 ... fromnuclear disaster
|
Article 51, paragraph (1)
|
or under a disaster management plan
|
, under a disaster management plan, or under NRA EPR Guide
|
to disasters
|
to nuclear disasters
|
|
Article 51, paragraph (2)
|
on disasters
|
to nuclear disasters
|
Article 51, paragraph (3)
|
on disasters
|
to nuclear disasters
|
emergency disaster control measures
|
emergency responsemeasures
|
|
Article 51-2
|
or under a disaster management plan
|
, under a disaster management plan, or under NRA EPR Guide
|
the presumed condition of the disaster
|
about the nuclear disaster (including the probability of the occurrence of a nucleardisaster)
|
|
Article 52, paragraph (1)
|
in the issuance and transmission of an alarm, warning
|
in the transmission of adeclaration 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 is to , as provided
|
anticipated condition of the disaster and measures to be taken in response.
|
measures in relation 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 nucleardisaster)
|
|
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 responsemeasures
|
|
Article 67, paragraph (2)
|
emergency disaster control measures
|
emergency responsemeasures
|
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 responsemeasures
|
|
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
|
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 applies 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
|
NRA 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 NRA 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
|
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-nuclear disaster measures
|
expenses for a disaster recovery project
|
expenses required for post-nuclear disaster measures
|
|
Article 89
|
expenses for a disaster recovery project
|
expenses required for post-nuclear disaster measures
|
a disaster recovery project,
|
post-nuclear disaster measures
|
|
Article 90
|
disaster recovery project
|
post-nuclear 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 disasterpreventionmeasures 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-nuclear 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-nuclear 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; below
|
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 Disaster 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 are to 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 indoors
|
|
Article 60, paragraph (2)
|
for evacuation to take refuge
|
for evacuation or sheltering indoors
|
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 indoors
|
|
Article 60, paragraph (4)
|
evacuation for refuge
|
evacuation or sheltering indoors
|
point to refuge
|
points for evacuation or sheltering in place
|
|
prefectural governor
|
chairperson of the nuclearemergency 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 anuclear 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 indoors
|
Article 61, paragraph (2)
|
evacuation
|
evacuation or sheltering indoors
|
Article 61, paragraph (3), Article 61-2 and Article 61-3
|
evacuation
|
evacuation or sheltering indoors
|
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 nucleardisaster
|
|
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 nucleardisaster
|
|
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 to the issuance of a declaration of the cancellation of a nuclear emergency
|
an area disaster management plan,
|
NRA 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 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 to the issuance of a declaration of the cancellation of a nuclear emergency
|
an area disaster management plan
|
NRA 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 ofunits under disaster relief operation
|
SDF personnel of units under the nuclear disaster relief operation
|
|
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 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 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 nucleardisaster)
|
|
Article 64, paragraphs (8) and (9)
|
a member of the SDF personnel ofunits under disaster relief operation
|
a member of the SDF personnel of units under the nuclear disaster relief operation
|
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 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
|
|
Article 65, paragraph (3)
|
SDF personnel ofunits under disaster relief operation
|
SDF personnel of units under the nuclear disaster relief operation
|
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 to the issuance of a declaration of the cancellation of a nuclear emergency
|
Local Disaster Management Plan
|
NRA 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 to the issuance of a declaration of the cancellation of a nuclear emergency
|
emergency disaster control measures
|
emergency responsemeasures
|
|
Article 76-3, paragraph (1)
|
emergency disaster control measures
|
emergency responsemeasures
|
Article 76-3, paragraph (3)
|
SDF personnel ofunits under disaster relief operation
|
SDF personnel of units under the nuclear disaster relief operation
|
emergency disaster control measures
|
emergency responsemeasures
|
|
Article 76-3, paragraph (4)
|
emergency disaster control measures
|
emergency responsemeasures
|
Article 76-3, paragraph (6)
|
SDF personnel ofunits under disaster relief operation
|
SDF personnel of units under the nuclear disaster relief operation
|
Article 76-5
|
emergency disaster control measures
|
emergency responsemeasures
|
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 NRA EPR Guide
|
|
Article 80, paragraph (2)
|
a disaster management plan
|
a disaster management plan or NRA 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 nucleardisaster) 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 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 to the issuance of a declaration of the cancellation of a nuclear emergency
|
emergency disaster control measures
|
emergency responsemeasures
|
|
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 responsemeasures
|
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; the same applies 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 ofunits under disaster relief operation
|
SDF personnel of units under the nuclear disaster relief operation
|
(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 are to 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
|
NRA 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 applies below ), emergency response measures (i.e., the emergencyresponse measures prescribed in paragraph (5) of the same Article; the same applies below), and post-nuclear disaster measures (i.e., the post-nuclear disaster measures prescribed in paragraph (7) of the same Article; the same applies below ) concerning
|
disaster management and emergency disaster control measures in line
|
nuclear disaster prevention measures, emergency response measures, and post-nuclear 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-nuclear disaster measures
|
and relevant designated local public corporations
|
, relevant designated local public corpotations, and the nuclear operators
|
|
Article 23, paragraph (6)
|
disaster management or emergency disaster control measures
|
nuclear disaster prevention measures, emergency response measures, or post-nuclear disaster measures
|
Article 23, paragraph (7)
|
disaster management and emergency disaster control measures
|
nuclear disaster prevention measures, emergency response measures, or post-nuclear disaster measures
|
or other parties concerned
|
, the nuclear operators or other relevant persons
|
|
Article 23-2, paragraph (4)
|
the municipal area disaster management plan
|
NRA EPR Guide or the municipal area disaster management plan
|
and relevant designated local public corporations
|
, relevant designated local public corpotations and the nuclear operators
|
|
Article 23-2, paragraph (4), item (i)
|
disaster
|
nuclear disaster (including the probability of the occurrence of a nucleardisaster)
|
Article 23-2, paragraph (4), item (ii)
|
disaster management and emergency disaster control measures
|
nuclear disaster prevention measures, emergency response measures, and post-nuclear 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-nuclear disaster measures
|
Article 29, paragraph (1)
|
emergency disaster control measures or disaster recovery efforts
|
emergency response measures or post-nucleardisaster measures
|
Article 29, paragraph (2)
|
emergency disaster control measures or disaster recovery efforts
|
emergency response measures or post-nucleardisaster measures
|
the head of a designated local government organization
|
the head of a designated administrative organization , the head of a designated local administrative organization
|
|
the relevant organizations
|
the designated administrative organization or the designated local administrative 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-nucleardisaster measures
|
Article 86-6
|
disaster
|
nuclear disaster
|
a disaster management plan
|
a disaster management plan or NRA EPR Guide
|
|
Article 109, paragraph (1), item (ii)
|
emergency disaster control measures or disaster recovery efforts
|
emergency response measures or post-nuclear disaster measures
|
(4)The provisions of Article 87 and Article 88, paragraph (2) of the Basic Act on Disaster Management do 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 do not apply to the relevant nuclear emergency.
(6)The head of a local government that implements emergency response measures or post-nuclear disaster measures may request the head of a designated administrative organization or the head of a designated local administrative organization to provide the necessary assistance for preventing radiation hazards that harm the human body, provide advice concerning the diagnosis and medical treatment, and implement other emergency response measures or post-nuclear 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 must promote scientific research and development concerning the securement of nuclear safety, the prevention of nuclear disasters, and the prevention of nuclear hazards; and endeavor to disseminate the results of this.
(Senior Specialists for Nuclear Emergency Preparedness)
Article 30(1)Senior specialists for nuclear emergency preparedness are to be assigned in the Cabinet Office.
(2)In addition to providing guidance and advice concerning the preparation of a nuclear operator disaster management operation plan under Article 7, paragraph (1), or the implementation of other nuclear disaster prevention measures by a nuclear operator 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 is to collect information necessary to ascertain the situation, provide 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 of a nuclear disaster if a notification has been issued pursuant to the provisions of the first sentence of Article 10, paragraph (1).
(Collecting 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 mayors, or the related neighboring prefectural governors may have a nuclear operator report on its duties pursuant to the provisions of 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 mayors, 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 operator related to the nuclear facility site or question the parties concerned.
(2)If an official enters a nuclear facility site pursuant to the provisions of the preceding paragraph, the official must carry identification and show it to the relevant parties if requested to do so.
(3)The authority granted under the provisions of paragraph (1) must not be construed as permitting criminal investigation.
(Fees)
Article 33A person or an organization that intends to undergo an inspection under the provisions of Article 11, paragraph (5) must pay a fee pursuant to the provisions of 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 Cabinet Order)
Article 35Beyond what is provided for in this Act, procedures for the implementation of this Act and other matters necessary for the enforcement of this Act are to be specified by Cabinet Order.
(Exclusion from Application to the State)
Article 36The provisions of Article 33 and the next chapter do 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) may be punished by imprisonment 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 standards may 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 has violated the provisions of Article 12, paragraph (4), by failing 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 that has failed to comply with a ban, restriction, or order to leave enforced by the municipal mayors under Article 27-6, paragraph (1), or the police or coast guard officer under paragraph (2) of same Article is subject to a fine of no more than one hundred thousand yen or penal detention.
Article 40If a representative of a corporation, an agent, employee, or other worker of a corporation, or an individual has violated either Article 37 or Article 38 with regard to the business conducted by the corporation or individual, not only the offender but also the corporation or individual are subject to fines as prescribed in the respective Articles.