Article 3-2(1)At the planning stage of a class-1 project, a person intending to implement that project (if that project is carried out by the national government, the head of the administrative body (including a local branch office) intending to implement the target project, for a target project carried out by the national government) or the person intending to entrust a target project in the case of entrustment; the same applies below), must determine the area in which that project will be implemented, and other matters specified by order of the competent ministry for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m), and review the matters (referred to below as "the matters for primary environmental impact consideration at the planning stage") that should be considered for environmental conservation concerning that project in one or more areas (referred to below as the "possible project implementation area") in which that project will be implemented, as prescribed by order of the competent ministry, for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m).

(2)The order of the competent ministry specifying the area in which the project in the preceding paragraph and other matters will be implemented, are determined by the competent minister (if the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) in consultation with the Minister of the Environment.

(3)The order of the competent ministry in paragraph (1) (excluding the order of the competent ministry specifying the area in which a project in the preceding paragraph is implemented and other matters) is issued by the competent minister (if the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) in consultation with the Minister of the Environment, for establishing guidelines for both the selection of the matters for primary environmental impact consideration at the planning stage, as found to be necessary for the proper review of considerations for primary environmental impact consideration at the planning stage, and the methods for a survey, forecast and evaluation, concerning the items for primary environmental impact consideration at the planning stage.

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

(2)A person intending to, as a class-1 project, dismantle an existing structure or discontinue its use, (meaning an existing structure for the projects stated in Article 2, paragraph (2), item (i), (a) through (f) and (h) through (m); the same applies below in this paragraph), and construct a new structure of the same category as that existing structure (limited to a structure for which the ratio of the size of the structure to the size of the existing structure is within the range of the value specified by Cabinet Order) in the area where that existing structure is installed, or an the adjacent area (meaning the area within the distance specified by Cabinet Order from the boundary of the area where the existing structure is installed) concerning that existing structure, must prepare a document on a primary environmental impact consideration containing the following matters, instead of the matters stated in items (iii) and (iv) of the preceding paragraph, in accordance with the result of the review of the items for primary environmental impact consideration at the planning stage:

(3)If two or more mutually related class-1 projects are to be implemented, a business operator intending to implement these class-1 projects may prepare one document on primary environment impact consideration for each of these class-1 projects together.

Article 3-4(1)When a person intending to implement a class-1 project has prepared a document on primary environmental impact consideration, that person must promptly send the document to the competent minister, pursuant to the provisions of Order of the Ministry of the Environment, and publicize that document on primary environmental impact consideration and its summary (when that person intends to implement a class-1 project pursuant to the provisions of paragraph (2) of the preceding Article; the document on primary environmental impact consideration prepared pursuant to the provisions of that paragraph).

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

Article 3-5When the Minister of the Environment is requested to give their opinion pursuant to the provisions of paragraph (2) of the preceding Article, the minister may express their opinion in writing to the competent minister (except the Minister of the Environment), within the period designated by cabinet order, from the perspective of environmental conservation on the document on primary environmental impact consideration.

Article 3-6When receiving the document on primary environmental impact consideration specified in Article 3-4, paragraph (1), the competent minister may state their opinion in writing to a person intending to implement a class-1 project, within the period designated by Cabinet Order, from the perspective of environmental conservation for the document on primary environmental impact consideration. In such a case, if the Minister of the Environment has stated an opinion pursuant to the provisions of the preceding Article, that opinion must be taken into consideration.

Article 3-7(1)A person intending to implement a class-1 project, for each category of project stated in Article 2, paragraph (2), item (i),(a) through (m), must endeavor to seek the opinions of the relevant administrative body and the public on a draft, or a document on primary environmental impact consideration, from the perspective of environmental conservation, pursuant to the provisions of order of the competent ministry.

(2)The order of the competent ministry referred to in the preceding paragraph is established by the competent minister (if the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) in consultation with the Minister of the Environment, to establish guidelines for measures for hearing the opinions of relevant administrative bodies and the public, on matters to be considered for primary environmental impact consideration at the planning stage, from the perspective of environmental conservation.

Article 3-8In consultation with the heads of the relevant administrative bodies, the Minister of the Environment is to establish and publicize basic matters concerning the guidelines to be issued by the competent minister (when the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) pursuant to the provisions of Article 3-2, paragraph (3) and paragraph (2) of the preceding Article.

Article 3-9(1)When a person intending to implement a class-1 project falls under any of the following items, that person, during the period between the publication made pursuant to Article 3-4, paragraph (1) and the public notice made pursuant to Article 7, must notify the person receiving a document on primary environmental impact consideration from the person intending to implement that class-1 project and publicize this, in accordance with Order of the Ministry of the Environment:

(2)In the case of item (iii) of the preceding paragraph, if a project transferred to another person is a class-1 project, any examination of the matters for primary environmental impact consideration at the planning stage, and any other procedures conducted as referred to those items by the person intending to implement the class-1 project before that transfer, and before the publication date referred to in that paragraph, is deemed to have been implemented by another person who has become the new person intending to implement that class-1 project, and any examination of the matters for primary environmental impact consideration conducted at the planning stage, and other procedures which were made by the person intending to implement the class-1 project before the transfer, is deemed to be made by another person who has become the new person intending to implement that project.

Article 3-10(1)At the planning stage of a class-2 project, a person intending to implement a class-2 project (in the case of a project implemented by the national government; the head of the administrative body (including local branch bureaus and departments) in charge of the implementation of that project If a business subject to entrustment; the person intending to entrust the business; the same applies below), in determining the area in which the project specified in Article 3-2 paragraph (1) will be implemented and other matters specified by order of the competent ministry, that person is to review the items that should be considered for environmental conservation concerning the project in one or more areas in which that project is expected to be implemented, and other procedures. In such a case, the person intending to implement that class-2 project is to notify the competent minister in writing of their decision to conduct a review of the items that should be considered for environmental conservation concerning the project in the areas in which that project is expected to be implemented, and follow other procedures.

(2)When a person intending to implement a class-2 project makes a notification pursuant to the provisions of the preceding paragraph, the person is deemed to be a person intending to implement a class-1 project, and the provisions of Articles 3-2 through the preceding Article apply.

Article 4(1)A person intending to implement a class-2 project must give a written notice to the person specified in each item, in accordance with each category of the project stated in Article 2, paragraph (2), item (1), (a) through (m), pursuant to order of the competent ministry, with their name and address (in the case of a corporation; its name and the name of its representative, and the address of its principal office), the category and size of the class-2 project, the zone where the class-2 project is to be implemented, and other general information concerning the class-2 project (referred to below in this paragraph as "names, etc.") in accordance with the respective categories of a class-2 project stated in the following items. In such a case, when the person intending to implement the class-2 project stated in item (iv) or (v) is the competent minister specified in item (iv) or (v), instead of notifying the competent minister, that person is to prepare a document stating the names, etc.:

(2)A person specified in any item of the preceding paragraph must send a copy of the notification (including documents provided for in the latter half of that paragraph, referred to as "notification" in this Article and in Article 29, paragraph (1)) to the prefectural governor having jurisdiction over the area in which the class-2 project concerning that notification is to be implemented, and ask their opinion and the reasons why, as to whether an environmental impact assessment, or other procedures are necessary in accordance with the provisions of this Act (excluding this Article), within a designated period of 30 days or more.

(3)When the prefectural governor has expressed an opinion under the provisions of the preceding paragraph, a person specified in each item of paragraph (1) must take this into consideration and make a judgment on the class-2 project concerning that notification within 60 days from the date of that notification, pursuant to the provisions of order of the competent ministry, for each type of project stated in Article 2, paragraph (2), item (i), (a) through (m), and when that person finds that the degree of environmental impact is likely to be significant, the measures referred to in item (i) must be taken; or when that person finds that the degree of environmental impact is likely to not be significant, that person must take the measures referred to in item (ii):

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

(5)A person intending to implement a class-2 project (excluding a project falling under a target project), may not implement that class-2 project until measures referred to in paragraph (3), item (ii) (including the cases applied mutatis mutandis in the preceding paragraph and Article 29, paragraph (2)) are taken (when persons prescribed in each item of paragraph (1) concerning that class-2 project are two or more, until those measures are taken by all persons specified in those items).

(6)Notwithstanding the provisions of paragraph (1), a person intending to implement a class-2 project may conduct an environmental impact assessment and other procedures under the provisions of this Act, without receiving a judgment (excluding this Article). In such a case, if the person intending to implement that class-2 project is someone other than the competent minister as prescribed in item (iv) or (v) of that paragraph, that person is to notify the person referred to in each item of that paragraph of the intention to conduct an environmental impact assessment, in accordance with the provisions of this Act (excluding this Article), and when that person is the competent minister; the minister is to prepare a document to that effect.

(7)A person receiving a notice under the provisions of the preceding paragraph, or preparing a document pursuant to the preceding paragraph, must send a copy of that notice or a document regarding that preparation to the prefectural governor having jurisdiction over the area where the class-2 project concerning that notice or document is to be implemented.

(8)The class-2 project concerning the notice or preparation of a document under the provisions of paragraph (6), the measures referred to in paragraph (3), item (i) are deemed to have been taken at the time of that notice, or preparation of that document.

(9)To ensure that a judgment is made appropriately concerning the category and size of a class-2 project and the environmental conditions and the other conditions of the area in which the class-2 project is to be implemented and the surrounding area, the competent minister (when the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) is to consult with the Minister of the Environment on the criteria to be used in making that judgment, and is to establish order of the competent ministry, as referred to in paragraph 3.

(10)The Minister of the Environment is to establish and publicize the basic matters concerning the standards to be established by the competent minister in consultation with the heads of the relevant administrative bodies (when the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) pursuant to the provisions of the preceding paragraph.

Article 21(1)The business operator must amend the matters written in a draft EIS, when the opinions are submitted pursuant to paragraph (1), (4) or (5) of the preceding Article, while taking into account these opinions given as well as the opinions given as referenced in Article 18, paragraph (1), and when the business operator finds it necessary to amend those matters (limited to when the project becomes a target project after that amendment is made) the business operator must take the measures specified in those items, in accordance with the amended criteria stated in the following items:

(2)Excluding cases falling under item (i) of the preceding paragraph, the business operator must prepare an environmental impact assessment report (referred to below as an "EIS"), in accordance with order of the competent ministry for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m), stating the following matters concerning the results of the environmental impact assessment and the environmental impact assessment concerning the draft EIS, if an environmental impact assessment has been conducted under item (iii) of that paragraph, or stating the following matters regarding the results of the environmental impact assessment related to the draft EIS, if the business operator has not conducted an environmental impact assessment, pursuant to the provisions of that item:

Article 22(1)After preparing an EIS, the business operator must promptly submit it to the persons designated in the following items, in accordance with the category of the EIS stated in those items:

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

Article 23When measures are taken pursuant to the provisions of items in paragraph (2) of the preceding Article, the Minister of the Environment may express their opinion when necessary in writing for the EIS, within a period designated by Cabinet Order, from the perspective of environmental conservation, to the persons stated in the items of that paragraph. In such a case, the opinions to be stated to the person referred to in item (ii) of that paragraph are to be expressed through the Prime Minister, or another minister as stated in the that item.

Article 23-2When a person specified in each item of Article 22, paragraph (1) is of a local government, or other public law corporation and specified by Cabinet Order (referred to below in this Article as "local government, etc."), the head of that local government, etc. must endeavor to seek advice from the Minister of the Environment after receiving an EIS, if that head finds it is necessary to express an opinion in writing from the perspective of environmental conservation, pursuant to the provisions of the following Article, by sending a copy of that EIS.

Article 24When receiving an EIS submitted pursuant to the provisions of Article 22, paragraph (1), the person specified in items of the Article 22, paragraph (1) may express their opinion on the EIS in writing to the business operator as necessary, and within a period designated by Cabinet Order, from the perspective of environmental conservation. In such a case, when the Minister of the Environment has expressed any opinion pursuant to the provisions of Article 23, that person must take that opinion into account.

Article 25(1)When an opinion referred to in the preceding Article is expressed, the business operator must take those into account, and amend the matters to be included within the EIS, and if the business operator finds it necessary to amend those matters (limited to cases when the project after the amendment falls under the category of target project), the business operator must take the measures stated in each of the following items, in accordance with that amended category:

(2)When an environmental impact assessment has been conducted pursuant to the provisions of item (iii) of the preceding paragraph, the business operator must correct the EIS, pursuant to the order of the competent ministry for each type of the project referred to in Article 2, paragraph (2), item (i), (a) through (m), in accordance with the results of the environmental impact assessment and the environmental impact assessment concerning the EIS.

(3)Excluding cases falling under paragraph (1), item (i), the business operator must send an EIS after any corrections made pursuant to the provisions of item (ii) of that paragraph, or the preceding paragraph (if it is found that no corrections are necessary; a notice is to be sent that effect), to the persons specified in those items, in accordance with the categories of the EIS stated in the items of Article 22, paragraph 1,.

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

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

Article 27When making a submission or notice under the provisions of Article 25, paragraph (3), the business operator must give a public notice, pursuant to the provisions of Order of the Ministry of the Environment, that an EIS and other matters have been prepared, pursuant to the provisions of Order of the Ministry of the Environment, and must make the EIS, etc. available for public inspection in that area for one month from the date of that public notice, and must also publicize the EIS, etc. by use of the internet or other means, pursuant to the provisions of Order of the Ministry of the Environment.

Article 38-6(1)When a class-1 project is specified in a city plan pursuant to the provisions of the City Planning Act (Act No. 100 of 1968) as an urban development project, which is prescribed in the provisions of Article 4, paragraph (7) of that Act (referred to below as an "urban development project"), or a class-1 project in which urban facilities are specified in the city plan pursuant to the provisions of that Act as urban facilities prescribed in Article 4, paragraph (5) of that Act (referred to below as "urban facilities"), the examination of items for a primary environmental impact consideration at the planning stage, and other procedures under to the provisions of Article 3-2 through Article 3-9, as well as an environmental impact assessment and other procedures pursuant to the provisions of Articles 5 through Article 38 is conducted, pursuant to the provisions of paragraph (3), Article 40, paragraph (2), Article 41, Article 43, Article 44, paragraphs (1), (2) and (5) through (7) and Article 46, instead of the business operator intending to implement that class-1 project, in conjunction with making a decision or revision of the city plan concerning that class-1 project, or the relevant urban facilities, by the person making the decision or revision to that city plan (collectively referred to below as "city planning decision maker") in the prefectures and municipalities referred to in Article 51, paragraph (1) of the City Planning Act or in the designated cities referred to in Article 87-2, paragraph (1) of that act (in the case of Article 22, paragraph (1) of that Act; the Minister of Land, Infrastructure, Transport and Tourism prescribed in that paragraph (pursuant to the provisions of Article 85-2 of that Act, when the authority of the Minister of Land, Infrastructure, Transport and Tourism referred to in Article 22, paragraph (1) of that Act is delegated to either the directors of the Regional Development Bureau, or the director of the Hokkaido Regional Development Bureau; the director of the relevant Regional Development Bureau or the director of the Hokkaido Regional Development Bureau), or the municipalities), or in the municipalities making the decision or revision to the city plan based on the provisions of Article 51, paragraph (1) of the Act on Special Measures concerning Urban Reconstruction (Act No. 22 of 2002). In such a case, the provisions in Article 3-3, paragraph (3), Article 3-9, paragraph (1), item (iii) and paragraph (2), Article 5, paragraph (2), Article 14, paragraph (2) and Article 30, paragraph (1), item (iii), and paragraph (2) do not apply.

(2)When a class-2 project is specified in the city plan pursuant to the provisions of the City Planning Act as an urban development project prescribed in the provisions of that Act, or a class-2 project in which urban facilities are specified in the city plan pursuant to the provisions of that Act as urban facilities, the examination of items for a primary environmental impact consideration at the planning stage, and other procedures referred to in Chapter II, Section 1, may be performed by a city planning decision maker concerning the city plan, instead of the business operator intending to implement the class-2 project, pursuant to the following paragraph, Article 44, paragraphs (3) and (4). In such a case, Article 3-3, paragraph (3) and Article 3-9, paragraph (1), item (iii), and paragraph (2), which are applied pursuant to the provisions of Article 3-10, paragraph (2), are not applied.

(3)The provisions of Chapter II, Section 1 (excluding Article 3-3, paragraph (3) and Article 3-9, paragraph (1), item (iii) and paragraph (2)) apply to cases where the city planning decision maker conducts a review of the items for primary environmental impact consideration at the planning stage, and other procedures pursuant to the provisions of paragraph (1), or the preceding paragraph. For the application of the provisions of Article 3-2, paragraph (1), the term "a person intending to implement a class-1 project (in the case of a project implemented by the national government, an administrative body (including local branch bureaus and departments) in charge of the implementation of that project. In the case of a business subject to entrustment; the person intending to entrust that business. The same applies below)" is to be replaced with "the city planning decision maker referred to in Article 38-6, paragraph (1) (referred to below as "city planning decision maker"). A class-1 project (referred to below as "city plan class-1 project") in which the class-1 project, or the facilities related to the class-1 project are to be specified in a city plan pursuant to the provisions of the City Planning Act (Act No. 100 of 1968)";, the term "a person intending to implement a class-1 project" in Article 3-3, paragraph (1) is to be replaced with "city planning decision maker"; the term "name and address (in the case of a corporation; its name, the name of its representative, and the location of its principal office)" in item (i) of that paragraph is to be replaced with "name"; the term "class-1 project" in item (ii) of that paragraph is deemed to be replaced with "city plan, class-1 project"; the term "a person intending to, as a class-1 project," in paragraph (2) of that Article is to be replaced with "The city planning decision maker relating to the city plan, when intending to implement a city plan; class-1 project, intends to"; the term "class-1 project " in item (ii) of that paragraph is to be replaced with "city plan; class-1 project"; the term "a person intending to implement a class-1 project " in Article 3-4, paragraph (1) is to be replaced with "a city planning decision maker"; the term "class-1 project" is to be replaced with "city plan; class-1 project "; the term "a person intending to implement a class-1 project" in Article 3-6, Article 3-7, paragraph (1), and Article 3-9, paragraph (1) is to be replaced with "a city planning decision maker", the term "class-1 project will not be implemented" in item (i) of that paragraph is to be replaced with "city plan; class-1 project will not be specified in a city plan"; the term "a person intending to implement a class-2 project (in the case of a project implemented by the national government; the administrative body (including local branch bureaus and departments) in charge of the implementation of that project. If a business subject to entrustment; the person intending to entrust the business; the same applies below) in Article 3-10, paragraph (1) is to be replaced with "city planning decision maker as prescribed in Article 38-6, paragraph (2) (referred to below as "class-2 project city planning decision maker" in this Article); the term "a person intending to implement that class-2 project" is to be replaced with "the city planning decision maker of that class-2 project"; the term "a person intending to implement a class-2 project" in paragraph (2) of that Article is to be replaced with "a city planning decision maker of the class-2 project"; the term "a person intending to implement a class-1 project" is deemed to be replaced with "a city planning decision maker", and "the provisions of Article 3-2 through the preceding Article apply" is to be replaced with "the provisions of Article 3-2 to the preceding Article, apply following the deemed replacement of terms pursuant to the provisions of Article 38-6, paragraph (3). In this case, the term "a class-1 project or facilities concerning a class-1 project" in Article 3-2, paragraph (1) as applied following the deemed replacement of terms pursuant to the provisions of that paragraph, which is deemed to be replaced with "a class-2 project, etc. prescribed in Article 40, paragraph (1)"; the term "a class-1 project (" is deemed to be replaced with "a class-2 project ("; and the term "city plan; class-1 project" in Article 3-3, paragraph (1), item (ii) and paragraph (2), Article 3-4, paragraph (1), and Article 3-9, paragraph (1), item (i) apply following the deemed replacement of terms pursuant to the provisions of that paragraph and Article 38-6, paragraph (3) is deemed to be replaced with "city plan; class-2 project".

Article 39(1)When a class-2 project is specified in a city plan pursuant to the provisions of the City Planning Act as an urban development project, prescribed in that Act, or a class-2 project whose urban facilities are specified in a city plan pursuant to the provisions of that Act, submission of a notification pursuant to the provisions of Article 4, paragraph (1) (including the preparation of a document pursuant to the provisions of the latter half of this paragraph; the same applies to the following paragraph) is conducted by a city planning decision maker concerning that city plan instead of the person intending to implement that class-2 project, pursuant to the provisions of the following paragraph, through paragraph (4).

(2)For the application of the provisions of Article 4 when a city planning decision maker has submitted the notification pursuant to the provisions of the preceding paragraph, the term "A person intending to implement a class-2 project" in paragraph (1) of that Article is to be replaced with "when the city planning decision maker intends to specify a class-2 project, or facilities concerning a class-2 project in a city plan pursuant to the provisions of the City Planning Act, they"; the term "order of the competent ministry" is to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the phrase "their name and address (in the case of a corporation, its name, the name of its representative, and the location of its principal office)" in that paragraph is to be replaced with "the name of the city planning decision maker"; the phrase "names, etc." is to be replaced with "the name, etc."; the term "categories of the class-2 project" is deemed to be replaced with "categories of the class-2 project concerning that city plan"; the phrase "the person specified " is to be replaced with "the person specified to implement Article 19, paragraph (3) of that Act, as applied following the deemed replacement of terms, pursuant to the provisions of Article 87-2, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act)) or consent pursuant to the provisions of Article 51, paragraph (2) of the Act on Special Measures concerning Urban Reconstruction (Act No. 22 of 2002) (referred to below as "consent for a city plan"), (in cases where the authority of the Minister of Land, Infrastructure, Transport and Tourism concerning city plan approval is delegated to the directors of the Regional Development Bureau, or the director of the Hokkaido Development Bureau pursuant to the provisions of Article 85-2 of the City Planning Act, or the provisions of Article 126 of the Act on Special Measures concerning Urban Reconstruction; the director of the relevant Regional Development Bureau, or the Hokkaido Development Bureau; referred to below as a "person entitled to consent to a city plan"), and the person specified in the following items, in accordance with the category of a class-2 project concerning the city plan referred to in the following items); the term "when the person intending to implement a class-2 project referred to in item (iv) or (v) is the competent minister specified in item (iv) or (v), instead of notifying the competent minister" is to be replaced with "the city planning decision maker related to a city plan that does not require consent for a city plan, instead of notifying the person specified in the following items"; the term "instead of notifying" is to be replaced with "together with"; the term "A person specified" in paragraph (2) of that Article; is to be replaced with "The person, and the person entitled to consent to a city plan or the city planning decision maker referred to in the second sentence of that paragraph"; the term "Article 29, paragraph (1)" is to be replaced with "Article 29, paragraph (1) as applied pursuant to the provisions of Article 40, paragraph (2) applied following the deemed replacement of terms"; the term ", "a person specified" in paragraph (3) of that Article is to be replaced with"the person and the person entitled to consent to a city plan or the city planning decision maker referred to in the second sentence of that paragraph"; the term "order of the competent ministry" is to be replaced with " order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the term "and the prefectural governor referred to in the preceding paragraph (2) (in the case of the second sentence of paragraph (1); the prefectural governor referred to in the preceding paragraph)" in items (i) and (ii) of that paragraph is to be replaced with ", the prefectural governor referred to in the preceding paragraph and the person intending to implement that class-2 project (in the case of the second sentence of paragraph (1); the prefectural governor and the person intending to implement that class-2 project referred to in the preceding paragraph"; the term "implement that project" in paragraph (4) of that Article is to be replaced with "specify the relevant project or the facilities related to that project to the city plan pursuant to the provisions of the City Planning Act"; the term "Article 29, paragraph (2))" in paragraph (5) of that Article is to be replaced with "Article 29, paragraph (1) as applied pursuant to the provisions of Article 40, paragraph (2) applied following the deemed replacement of terms"; the term "when persons prescribed in each item of paragraph (1) concerning that class-2 project are two or more, until those measures are taken by all persons specified in those items)" is to be replaced with "are taken by the person specified in each items in paragraph (1) and the person entitled to consent to a city plan or the city planning decision maker referred to in the second sentence of that paragraph"; the term "a person intending to implement a class-2 project" in paragraph (6) of that Article is to be replaced with "the city planning decision maker"; the term "if the person intending to implement that class-2 project is someone other than the competent minister as prescribed in item (iv) or (v) of that paragraph," is to be replaced with ""; the term "each item of that paragraph" is to be replaced with "each item of that paragraph, if it requires the notification related to city planning or consent for city planning"; the term ", and when that person is the competent minister; the minister is to prepare a document to that effect." is to be replaced with ". If it requires no consent for city plan from that person or the person entitled to consent to a city plan; notify by written document to the person specified by each of the items of that paragraph in accordance with the classification stated in each item of that paragraph." ; the term "receiving a notice under the preceding paragraph, or preparing a document pursuant to the preceding paragraph, must send a copy of that notice or a document regarding that preparation" in paragraph (7) of that Article is to be replaced with "receiving a notice under the preceding paragraph, must send a copy of that notice"; the term "prefectural governor having jurisdiction over the area" is to be replaced with "prefectural governor having jurisdiction over the area and the person intending to implement the class-2 project"; the term "notice or preparation of a document" in paragraph (8) of that Article is to be replaced with "notice" ; the term "order of the competent ministry" in paragraph (9) of that Article is to be replaced with "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the term "is to consult with the Minister of the Environment" is to be replaced with" and the Minister of Land, Infrastructure, Transport and Tourism is to consult with the Minister of the Environment "; and the term "is to establish " in paragraph (10) of that Article is deemed to be replaced with "and the Minister of Land, Infrastructure, Transport and Tourism is to establish".

(3)When a document on a primary environmental impact consideration has been prepared by a person intending to implement a class-2 project for which the measures referred to in Article 4, paragraph (3), item (i) have been taken following the deemed replacement of terms pursuant to the provisions of the preceding paragraph (except class-2 projects for which the measures referred to in Article 4, paragraph (3), item (ii) as applied mutatis mutandis pursuant to the provisions of that Article 4, paragraph (4) as applied following the deemed replacement of terms pursuant to the provisions of the preceding paragraph, and to the provisions of Article 29, paragraph (2), as applied following the deemed replacement of terms pursuant to the provisions of paragraph (2) of the following Article,), the person intending to implement that class-2 project is to send the document on a primary environmental impact consideration to a city planning decision maker.

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

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

(2)For the application of the provisions of Articles 5 through 38 (excluding Article 5, paragraph (2), Article 14, paragraph (2), Article 30, paragraph (1), item (iii) and paragraph (2)) if a city planning decision maker is conducting an environmental impact assessment and other procedures, pursuant to the provisions of Article 38-6, paragraph (1) or the preceding paragraph, the term "the business operator" in Article 5, paragraph (1) is to be replaced with "the city planning decision maker"; the term "the environmental impact assessment concerning the target project" is to be replaced with "the environmental impact assessment concerning a class-1 project, or class-2 project related to a city plan where the class-1 project or related facilities referred to in Article 38-6, paragraph (1), or class-2 project, etc. referred to in Article 40, paragraph (1) (in Article 28 and Article 30, paragraph (1), item (i), referred to as a "target project, etc.") is specified in that city plan pursuant to the provisions of the City Planning Act (referred to below as a "target project for a city plan"); the term "order of the competent ministry for each" is to be replaced with "order of the competent ministry, or Order of the Ministry of Land, Infrastructure, Transport and Tourism for each"; the term "the name and location of the business operator (in the case of a corporation, its name, the name of its representative, and the address of its principal office)" in item (i) of that paragraph is to be replaced with "the name of the city planning decision maker"; the term "the target project" in item (ii) of that paragraph is to be replaced with "the target project in city planning"; the term "in which the target project" in item (iii) of that paragraph, is to be replaced with "in which the target project in city plan"; the term "the business operator" in item (vi) of that paragraph is to be replaced with "the city planning decision maker"; the term "in an environmental impact assessment of the target project" in item (vii) of that paragraph is to be replaced with "in an environmental impact assessment of the target project in a city plan"; the term "a business operator" and also the term "the target project" in Article 6, paragraph (1) are to be replaced with "the city planning decision maker" and with "the target project in a city plan" respectively; the term " business operator" in Articles 7 through 10 and Article 11, paragraph (1) is deemed to be replaced with "city planning decision maker"; the term "the target project" in that paragraph of Article 11 is to be replaced with "the target project in a city plan"; the term "the business operator" in that Article, paragraph (2) and (3) is deemed to be replaced with "the city planning decision maker"; the term "business operator" and "target project" in Article 12, paragraph (1) and in Article 14, paragraph (1) are to be replaced with "city planning decision maker" and " target project for a city plan" respectively; the term "order of the competent ministry" in those paragraphs are to be replaced with "order of the competent ministry, or Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the terms "business operator" and "the target project" in Article 15 are to be replaced with "city planning decision maker" and "the target project in a city plan" respectively; the term "business operator" in Articles 16 through 20, and Article 21, paragraph (1), is to be replaced with "city planning decision maker"; the term "the target project" in item (iii) of that paragraph is to be replaced with "the target project in a city plan"; the terms "the business operator" and "order of the competent ministry" in paragraph (2) of that Article are to be replaced with "the city planning decision maker" and "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism" respectively; the terms "the business operator" and "the persons designated in" in Article 22, paragraph (1), are to be replaced with "the city planning decision maker" and "the persons designated in (if a city plan related to an EIS requires consent to a city plan; a person authorized to give consent to that city plan and the persons designated in the following items, in accordance with the category of the EIS)" respectively; the term "excluding the Minister of the Environment)" and "receiving" in paragraph (2) of that Article are to be replaced with "excluding the Minister of the Environment), or a person authorized to give consent to a city plan, or a city planning decision maker concerning a city plan which does not require consent for a city plan" and "receiving or sending" respectively; the term "person specified in", "to the business operator" and "when the Minister of the Environment has expressed any opinions pursuant to Article 23," in Article 24 are to be replaced with "person authorized to give consent to a city plan and also the person specified in", "to the city planning decision maker, and when the Minister of the Environment has expressed any opinion pursuant to Article 23, that opinion must be taken into consideration by that person" and "when the person designated in each item in Article 22, paragraph (1), is to express their opinion through the person authorized to give consent to a city plan, and when that person authorized to give consent to a city plan has any opinion" respectively; the terms "business operator" and "take those into account" in Article 25, paragraph (1), are to be replaced with "city planning decision maker" and "take those (if the city planning decision maker is the Minister of Land, Infrastructure, Transport and Tourism, or the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau; the opinion expressed pursuant to the provisions of that Article as well as the opinion of the Minister of the Environment expressed to the relevant city planning decision maker pursuant to the provisions of Article 23) into consideration" respectively; the term "the target project" in item (iii) of that paragraph is to be replaced with "the target project in a city plan"; the terms "the business operator" and "order of the competent ministry" in paragraph (2) of that Article are to be replaced with "the city planning decision maker" and "order of the competent ministry or Order of the Ministry of Land, Infrastructure, Transport and Tourism" respectively; the terms "the business operator" and "to the persons specified in" in paragraph (3) of that Article are to be replaced with "the city planning decision maker" and "to follow through the deliberation of the persons (if a city plan related to an EIS requires consent for a city plan; the person entitled to consent to a city plan, and the persons specified in the following items of that paragraph, in accordance with the categories of the EIS). In this case, when the city planning decision maker is the Minister of Land, Infrastructure, Transport and Tourism, or the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, or a prefecture, then that procedure is taken through the deliberation of the Prefectural City Planning Council, and when the city planning decision maker is comprised of municipalities, then that procedure is then followed through the deliberation of the Municipal City Planning Council (when a Municipal City Planning Council is not established in the relevant municipalities, then that procedure is followed through the deliberation of the Prefectural City Planning Council of the prefecture to which those municipalities belong) specified in" respectively; the terms "excluding the Minister of the Environment)" and "receiving" in Article 26, paragraph (1) are to be replaced with "except the Minister of the Environment), or a person entitled to consent to a city plan or a city planning decision maker related to a city plan which does not require consent to city plan" and "receiving or sending" respectively; the terms "the business operator", "and related mayors" and "paragraph (1), item (ii)...of that Article" are to be replaced with "the city planning decision maker", "the related mayors and the person who intending to implement the class-1 project referred to in Article 38-6, paragraph (1), or the project proponent referred to in Article 40, paragraph (1)" and "paragraph (1), item (ii)...of the preceding Article" respectively; the term "business operator" in Articles 27 and 28 is to be replaced with "city planning decision maker"; the term "intends to amend" in that Article is to be replaced with "intends to incorporate the target project, etc. into a city plan pursuant to the provisions of the City Planning Act by amending that target project, etc."; the terms "the business operator", "intends to amend", and "Article 4, paragraph (1)" in Article 29, paragraph (1), are to be replaced with "the city planning decision maker", "intends to incorporate a project, or facilities concerning that project into a city plan pursuant to the provisions of the City Planning Act after amending that project", and "Article 4, paragraph (1) as applied following the deemed replacement of terms pursuant to the provisions of Article 39, paragraph (2)" respectively; the terms "Article 4, paragraph (2)", and "paragraph (3), item (i)" in paragraph (2) of that Article are to be replaced with "Article 4, paragraphs (2) (as applied following the deemed replacement of terms pursuant to the provisions of Article 39, paragraph (2))" and "Article 4, paragraph (3), item (i) as applied following the deemed replacement of terms pursuant to the provisions of Article 39, paragraph (2)" respectively; the terms "Article 4, paragraph (3), item (ii)" and "business operator" in paragraph (3) of that Article are to be replaced with "Article 4, paragraph (3), item (ii) as applied following the deemed replacement of terms pursuant to the provisions of Article 39, paragraph (2)" and "city planning decision maker" respectively; the term "a business operator" in Article 30, paragraph (1), is to be replaced with "the city planning decision maker"; the term "not to implement the target project" in item (i) of that paragraph (1) is to be replaced with "not to incorporate the target project, etc. into a city plan"; the term "issues" in Article 31, paragraph (1) is to be replaced with "has issued"; the term "has issued" in paragraph (2) and (3) of that Article is to be replaced with "had issued"; the term "issued" in that paragraph is to be replaced with "that had been issued"; the terms "has issued" and "paragraph (2) of the preceding Article" in paragraph (4) of that Article are to be replaced with "had issued" and "Article 30, paragraph (2)" respectively; the term "issuing" in Article 32, paragraph (1) is to be replaced with "having issued".

Article 40-2For the application of the provisions of Articles 38-2 through 38-5, if a city planning decision maker has conducted an environment impact assessment and other procedures pursuant to the provisions of the preceding Article, paragraph (2), the term "The business operator who has issued a public notice under the provisions of Article 27 (when that business operator transferred the project before the implementation of the business; the new business operator)" in Article 38-2, paragraph (1), is to be replaced with "the person intending to implement the class-1 project referred to in Article 38-6, paragraph (1) who has received the EIS prescribed in Article 26, paragraph (2), as applied pursuant to the provisions of Article 40, paragraph (2), or the business operator referred to in Article 40, paragraph (1) (if the project has been transferred to a new project proponent before the implementation of that project; the new business operator; referred to below as a "city planning proponent")"; the term "the business operator prescribed in paragraph (1) of the preceding Article" in Article 38-3, paragraph (1) is to be replaced with "the city planning proponent"; the phrase "the business operator referred to in Article 38-2, paragraph (1)" in Article 38-5, is deemed to be replaced with "the city planning proponent."

Article 41(1)A public notice to be issued by a city planning decision maker pursuant to the provisions of Article 16 or Article 27, as applied mutatis mutandis pursuant to the provisions of Article 40, paragraph (2), is made in conjunction with a public notice to be issued, pursuant to the provisions of Article 17, paragraph (1) of the City Planning Act (including when applied mutatis mutandis pursuant to Article 21, paragraph (2) of the Act, and also in cases when it applies following the deemed replacement of terms, pursuant to the provisions of Article 22, paragraph (1) of that Act), or with a public notice issued pursuant to the provisions of Article 20, paragraph (1) of that Act (including the cases where applied mutatis mutandis pursuant to Article 21, paragraph (2) of the that Act, and also when it is applies following the deemed replacement of terms pursuant to the provisions of Article 22, paragraph (1) of that Act).

(2)When making a draft EIS, and its summary available for public inspection pursuant to the provisions of Article 16, as applied mutatis mutandis pursuant to the provisions of Article 40, paragraph (2), a city planning decision maker (except the Minister of Land, Infrastructure, Transport and Tourism (in cases when, pursuant to the provisions of Article 85-2 of the City Planning Act, the authority of the Minister of Land, Infrastructure, Transport and Tourism prescribed in Article 22, paragraph (1) of that Act, is delegated to either the director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau, the relevant director of the Regional Development Bureau, or the Hokkaido Regional Development Bureau; the same applies in the following paragraph)) also is to make that draft available for public inspection together with the proposed city plan referred to in Article 17, paragraph (1) of the City Planning Act, regarding the city plan specified by those persons, and in the case of making the EIS, etc. and other documents available for public inspection pursuant to the provisions of Article 27, as applied following the deemed replacement of terms pursuant to the provisions of Article 40, paragraph (2), is to also make them available for public inspection together with the drawings and documents referred to in Article 14, paragraph (1) of the City Planning Act, pursuant to the provisions of Article 20, paragraph (2) of that Act (including when applied mutatis mutandis pursuant to Article 21, paragraph (2) of the same Act) regarding the city plan specified by those persons.

(3)When making a draft EIS and its summary available for public inspection pursuant to the provisions of Article 16 as applied mutatis mutandis pursuant to the provisions of Article 40, paragraph (2), the Minister of Land, Infrastructure, Transport and Tourism formulating a city plan concerning a target project, is also to make that draft available for public inspection together with the proposed city plan, referred to in Article 17, paragraph (1) of the City Planning Act, regarding the city plan specified by the Minister of Land, Infrastructure, Transport and Tourism, or when making an EIS, etc. available for public inspection pursuant to the provisions of Article 27 as applied mutatis mutandis pursuant to the provisions of Article 40, paragraph (2), the Minister is to send that EIS, etc. to the prefectural governors, and also to make that EIS, etc. available for inspection by that prefectural governor together with the copies of drawings and documents provided for in Article 14, paragraph (1) of the City Planning Act, pursuant to the provisions of Article 20, paragraph (2) of that Act (including when applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act), regarding the city plan specified by the Minister of Land, Infrastructure, Transport and Tourism.

(4)If it is difficult to determine the opinions expressed, when a city planning decision maker has made a draft EIS available for public inspection along with the proposed city plan pursuant to the provisions of the preceding two paragraphs, and is unable to determine whether the content of an expressed opinion concerns a written opinion on a draft EIS, or a written opinion on a city plan pursuant to the provisions of Article 17, paragraph (2) of the City Planning Act (including when applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act, and also when it is applied mutatis mutandis pursuant to the provisions of Article 22, paragraph (1) of that Act), the city planning decision maker is to deem the content of that opinion as being either, and apply each relevant laws.

(5)When conducting an environmental impact assessment, or other procedures pursuant to the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1), a city planning decision maker is to submit the matter to the Prefectural City Planning Council or Municipal City Planning Council, under the provisions of Article 25, paragraph (3), as applied following the deemed replacement of terms pursuant to the provisions of paragraph (2) of the that Article, in conjunction with submitting the matter to the Prefectural City Planning Council, pursuant to the provisions of Article 18, paragraph (2) of the City Planning Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act and as applied following the deemed replacement of terms under the provisions of Article 22, paragraph (1) of that Act), or submitting the matter to the Municipal City Planning Council, or the Prefectural City Planning Council under the provisions of Article 19, paragraph (2) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act).

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

(2)When establishing a target project, etc. in a city plan, the city planning decision maker is to give appropriate consideration to a possible impact of the implementation of the target project concerning that city plan, and ensure the protection of the environment, in accordance with what is detailed in an EIS referred to in Article 27 as applied following the deemed replacement of terms pursuant to the provisions of Article 40, paragraph (2) (referred to in the following paragraph as an "EIS"), in addition to complying with the provisions of the City Planning Act.

(3)When giving consent to a city plan under the provisions of Article 18, paragraph (3) of the City Planning Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act), Article 19, paragraph (3) of that Act as applied by replacing terms pursuant to the provisions of Article 87-2, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act), or Article 51, paragraph (2) of the Act on Special Measures concerning Urban Reconstruction (referred to below as "city plan consent" in this paragraph and Article 45) concerning the city plan referred to in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism (if the authority of the Minister of Land, Infrastructure, Transport and Tourism concerning consent for that city plan has been delegated to the directors of the Regional Development Bureau or the Director of the Hokkaido Regional Development Bureau, pursuant to the provisions of Article 85-2 of the City Planning Act, or pursuant to the provisions of Article 126 of the Act on Special Measures concerning Urban Reconstruction; the relevant director of the Regional Development Bureau or the director of the Hokkaido Regional Development Bureau; referred to as "a person entitled to consent to a city plan" in Article 45) must examine whether or not appropriate consideration is given for environmental conservation in that city plan, based on the matters stated in the EIS and the document referred to in Article 24, as applied mutatis mutandis pursuant to the provisions of Article 40, paragraph (2).

Article 43(1)If a city planning decision maker intends to amend a city plan concerning changes to the matters stated in Article 5, paragraph (1), item (ii) applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2), after a public notice has been issued pursuant to the provisions of Article 27, applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2), that city planning decision maker is to conduct an environmental impact assessment, instead of the business operator concerning the changes to those matters, and other procedures required by the provisions of Article 31, paragraphs (2) and (3), in conjunction with the procedures for changing that city plan, pursuant to the provisions of the following paragraph.

(2)For the application of the provisions of Article 31, paragraph (2) and (3) in the case referred to in the preceding paragraph, the term "Article 27" in paragraph (2) of the Article is to be replaced with "the city planning decision maker has issued the public notice pursuant to the provisions of Article 27, applied as a deemed replacement of terms pursuant to the provisions of Article 40, paragraph (2)"; the term "Article 5, paragraph (1), item (ii)" is to be replaced with "Article 5, paragraph (1), item (ii), applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2)"; the term "to modify any" is to be replaced with "to modify a city plan concerning any modifications"; the phrase "that modification" is deemed to be replaced with "modification to those matters"; the term "the provisions of paragraph (1)" in paragraph (3) of that Article is to be replaced with "Article 31, paragraph (1)"; the term "the provisions of Article 27" in paragraph (3) of that Article is to be replaced with "changes the city planning decision maker has made pursuant to the provisions of Article 27 applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2)"; the term "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 5, paragraph (1), item (ii) applied as a replacement pursuant to the provisions of Article 40, paragraph (2)"; the term "the relevant target project" is deemed to be replaced with "the relevant target project concerning a city plan in cases where that city plan concerning the target project will be modified"; the term "the business operator" is deemed to be replaced with "the business operator concerning a city plan"; the term "in paragraph (1)" is deemed to be replaced with "in Article 31, paragraph (1)"; the term "Article 27" is deemed to be replaced with "Article 27 applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2)"; the term "issues" is deemed to be replaced with "is issued"; the phrase " those to be issued" is deemed to be replaced with " those that has been issued"; the term "issues" is deemed to be replaced with "is issued"; the term "Article 21, paragraph (1)" is deemed to be replaced with "Article 21, paragraph (1) applied as a replacement of terms pursuant to the provisions of Article 40, paragraph (2)".

Article 44(1)During the period between issuing a public announcement as required by Article 3-4, paragraph (1) and a public notice is issued as required by Article 7 by a person intending to implement a class-1 project, if a city planning decision maker intending to establish the class-1 project concerning that public announcement in a city plan has notified the business operator intending to implement the class-1 project, and a person who has received a document on primary environmental impact consideration, or a scooping document from the business operator intending to implement that class-1 project, then the person intending to implement that class-1 project is to send that document on primary environmental impact consideration and the document referred to in Article 3-6, to the city planning decision maker, in cases when a scoping document concerning the class-1 project has not been prepared, or a scoping document when that scoping document has already been prepared. In such a case, the provisions of Article 38-6, paragraph (1) apply from the time of the receipt of that document on primary environmental impact consideration, and the document referred to in Article 3-6 or the scoping document by the city planning decision maker, regarding the class-1 project concerning that city plan.

(2)In the case of the preceding paragraph, any examination of the items for a primary environmental impact consideration at the planning stage and other procedures conducted by the person intending to implement a class-1 project before the receipt of that notice is deemed to have been conducted by the city planning decision maker, and any procedures conducted against the person intending to implement the class-1 project are deemed to have been conducted against the city planning decision maker.

(3)During the period between the preparation of a scoping document by a business operator concerning a class-2 project pursuant to the provisions of Article 5, and a public notice is issued as required by Article 7, when the city planning decision maker intending to specify the class-2 project concerning that scoping document in a city plan sent a notice of that to the business operator, the person who has received the document on primary environmental impact consideration from the business operator (limited to cases in which that business operator has submitted the document on primary environmental impact consideration pursuant to the provisions of Article 3-4, paragraph (1)) and the person who has received a notification prepared pursuant to the provisions of Article 4, paragraph (1) from that business operator, and the prefectural governor referred to in paragraph (2) of that Article (in cases where the business operator has already submitted that scoping document pursuant to the provisions of Article 4, paragraph (1); the business operator and the person who has received a notification pursuant to the provisions of Article 4, paragraph (1), and the person who has received the scoping document), the provisions of Article 40, paragraph (1) for the target project regarding the relevant city plan is applied from the time the business operator has received the notification. In such a case, the business operator must promptly send that scoping document to the city planning decision maker, immediately after receiving the notification.

(4)In the case of the preceding paragraph, any environmental impact assessment and other procedures conducted by the business operator before the receipt of that notice are deemed to have been conducted by the city planning decision maker, and any procedures followed by the business operator are deemed to have been carried out by the city planning decision maker.

(5)During the period between a public notice is issued as required under the provisions of Article 7 by a business operator and a public notice is issued as required under the provisions of the preceding Article 16 by that business operator, when the city planning decision maker intending to incorporate a target project, etc. concerning a public notice into the city plan has sent a notice for that to the business operator, and the person who has received the document on a primary environmental impact consideration, a scoping document, or a draft EIS from that business operator (in cases where that target project concerning these public notices is a class-2 project; these persons and a person who has received that notification pursuant to the provisions of Article 4, paragraph (1)), the business operator is to promptly send a draft EIS, after preparing that draft EIS to the city planning decision maker, in cases when that draft EIS has not been prepared; or if that draft EIS has been prepared, then send that draft EIS immediately. In such a case, the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1) apply from the time the city planning decision maker receives that draft for the target project concerning that city plan.

(6)The provisions of paragraph (4) apply mutatis mutandis to the procedures followed before the sending of the notice under the provisions of the preceding paragraph.

(7)During the period between a public notice is issued as required under the provisions of Article 16 by a business operator, and a public notice is issued under the provisions of Article 27 by that business operator, if a public notice has been issued pursuant to the provisions of Article 17, paragraph (1) of the City Planning Act concerning the city plan referred to in paragraph (5), an environmental impact assessment and other procedures are to be subsequently conducted as required under Chapter V and Chapter VI, and the provisions of Article 38-6, paragraph (1) or Article 40, paragraph (1), does not apply. In this case, the business operator, after issuing a public notice as required under the provisions of Article 27, must promptly send the EIS related to that Article (referred to as an "EIS" in the following Article) to the city planning decision maker regarding that public notice.

Article 45(1)Pursuant to the provisions of paragraph (7) of the preceding Article, a city planning decision maker who has received an EIS must send that EIS to the person entitled to consent to a city plan, if consent to the city plan is required when the city planning decision maker intends to establish the city plan referred to in that paragraph.

(2)When the provisions of Article 18 of the City Planning Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act, and in the case of Article 18, paragraphs (1) and (2) of that Act, including as applied mutatis mutandis pursuant to Article 22, paragraph (1) of the that Act following the deemed replacement of terms), or Article 19, paragraphs (1) and (2) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act) or Article 19, paragraph (3) of the that Act as applied following the deemed replacement of terms pursuant to Article 87-2, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act) are applied to the city plan referred to in the preceding paragraph, the provisions of Article 42, paragraph (2) apply mutatis mutandis when the city planning decision maker intends to establish the city plan target project, etc. concerning the EIS received pursuant to the provisions of paragraph (7) of the preceding Article, and the provisions of Article 42, paragraph (3) apply mutatis mutandis to when the person entitled to consent to a city plan gives city planning consent to that city plan. In such a case, the term "as applied following the deemed replacement of terms pursuant to the provisions of Article 40, paragraph (2)" in paragraph (2) of that Article is deemed to be replaced with "as received pursuant to the provisions of Article 44, paragraph (7)"; the term "the city plan referred to in the preceding paragraph" in paragraph (3) of that Article is deemed to be replaced with "the city plan referred to in Article 45, paragraph (1)" and the term "the matters stated in the EIS and the document referred to in Article 24 to be applied pursuant to the provisions of Article 40, paragraph (2)" is deemed to be replaced with "the matters stated in the EIS".

Article 46(1)A city planning decision maker may request a person intending to implement a class-2 project, or business operator, to provide necessary cooperation including the provision of materials for conducting an environmental impact assessment and other procedures, attend a scoping document explanatory meeting and a draft EIS explanatory meeting, etc. as referred to in Articles 38 through 41, Articles 43 and 44.

(2)The business operator, who is the head of an administrative body of the national government (including a local branch of the administrative body) responsible for the implementation of a target project, or a corporation specified in Article 2, paragraph (2), item (ii), (c), or others specified by Cabinet Order, is to conduct the necessary environmental impact assessment, when requested by a city planning decision maker.

Article 47In this Section, the following Chapter and Supplementary Provisions, "port environmental impact assessment" means the process of conducting a survey, forecast and evaluating the likely impact of developing, utilization and preservation of a port, as well as preservation of the area adjacent to that port (referred to in this Section as "port development, etc.") incorporated into a port plan (referred to below as "port planning") prescribed in Article 3, paragraph (3), item (i) of the Port and Harbor Act (Act No. 218 of 1950) concerning an strategic international hub port, international hub port, or major port prescribed in Article 2, paragraph (2) of the Act, will have on the environment (referred to below as "port environmental impact"), studying possible environmental protection measures concerning port development, etc. incorporated into a port plan, in accordance with items concerning environmental components, and a comprehensive assessment of the overall port environmental impact when those measures are taken.

Article 48(1)When making a decision on a port plan, or modifying a port plan, the port management body referred to in Article 2, paragraph (1) of the Port and Harbor Act (referred to below as a "port management body"), must conduct a port environment impact assessment and follow other procedures pursuant to the provisions of the following paragraph and paragraph (3), regarding that decision or modified port plan (referred to below as a "targeted port plan"), if a port plan falls under a large size landfill project, or any other conditions prescribed by Cabinet Order.

(2)The provisions of Chapters IV through VII (excluding Article 14, paragraph (1), item (iv) and paragraph (2), Articles 22 through 26, Article 29, and Article 30, paragraph (1), item (iii) and paragraph (2)) and the provisions of Article 31, paragraphs (1) through (3) are to apply mutatis mutandis to the port environmental impact assessment, and other procedures under the provisions of the preceding paragraph. In such a case, the term "environmental impact assessment" in the title of Chapter IV is deemed to be replaced with "port environmental impact assessment"; the term "environmental impact assessment" in the title of Article 11 is deemed to be replaced with "port environment impact assessment"; and the term "the business operator" in paragraph (1) of that Article is deemed to be replaced with "the port management body referred to in Article 48, paragraph (1) (referred to below as "port management body"); the term "when any opinions have been expressed in accordance with paragraph (1), paragraph (4), or (5) of the preceding Article, must review the matters stated in Article 5, paragraph (1), item (vii), while taking into account those opinions, as well as the opinions stated pursuant to Article 8, paragraph (1), as well as the methods of survey, forecast and evaluation methods, for each category of project stated in Article 2, paragraph (2), item (1), (a) through (m), pursuant to the provisions of order of the competent ministry" is deemed to be replaced with "pursuant to the provisions of order of the competent ministry"; the term "in an environmental impact assessment concerning the target project" is deemed to be replaced with "the port environmental impact assessment (referred to below as "port environmental impact assessment") pursuant to the provisions in that paragraph concerning port development, etc. (referred to below as "port development, etc."). referred to in that Article 47 to the target port plan (referred to below as the "target port plan") as referred to in that Article; the term "business operator" in paragraph (2) and paragraph (3) of that Article is deemed to be replaced with "port management body"; the term "target project" in paragraph (4) of that Article is deemed to be replaced with "port development, etc. as specified in the target port plan"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "the competent minister (if the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister) is deemed to be replaced with "the competent minister"; the term "environmental impact assessment" in the title of Article 12 is deemed to be replaced with "port environmental impact assessment"; the term "business operator" in paragraph (1) of that Article is deemed to be replaced with "port management body"; the term "order of the competent ministry for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m)" is deemed to be replaced with "order of the competent ministry"; the term "environmental impact assessment of the target project" is deemed to be replaced with "port environmental impact assessment of the target port plan"; the term "environmental impact assessment" in paragraph (2) of that Article is deemed to be replaced with "port environmental impact assessment"; the term "competent minister (when the competent minister is the head of external bureau of the Cabinet Office; the Prime Minister)" in Article 13 is deemed to be replaced with "competent minister"; the term "business operator" in Article 14, paragraph (1), is deemed to be replaced with "port management body"; the term "target project" is deemed to be replaced with "port development, etc. specified in the target port plan"; the term "an environmental impact assessment" is deemed to be replaced with "the port environmental impact assessment"; the term "the environmental impact assessment" is deemed to be replaced with "the port environmental impact assessment"; the term "order of the competent ministry for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m)" in paragraph (4) of that Article is deemed to be replaced with "order of the competent ministry"; the term "draft environmental impact assessment" is deemed to be replaced with "draft port environmental impact assessment"; the term "matters stated in Article 5, paragraph (1), items (i) through (vi)" in item (i) of that paragraph is deemed to be replaced with "name and address of the port management body"; the term "an outline of the opinions referred to in Article 8, paragraph (1)" in item (ii) of that paragraph is deemed to be replaced with "purpose and contents of the target port plan"; the term "opinions of the prefectural governors as referred to in Article 10, paragraph (1), or opinions by the mayor of the city designated by Cabinet Order referred to in paragraph (4) of that Article, and the opinion of the prefectural governor as referred to in paragraph (5) of that Article, if any" in item (iii) of that paragraph is deemed to be replaced with "the general conditions of the area and its surrounding areas in which the port development, etc. is to be implemented, as specified in the target port plan"; the term "content of the environmental impact" in item (iii), (a) of that paragraph is deemed to be replaced with "details of the port environmental impact (referred to below as "port environmental impact")"; the term " environmental impact" in item (iii), (d) of that paragraph is deemed to be replaced with "port environmental impact"; the term "business operator" in Article 15 is deemed to be replaced with "port management body"; the term "order of the competent ministry referred to in Article 6, paragraph (1)" is deemed to be replaced with "order of the competent ministry specified by the competent minister in consultation with the Minister of the Environment concerning the matters to serve as standards for an appropriate scope of area for seeking opinions, from the perspective of environmental conservation, on the port environmental impact assessment concerning the port development, etc. specified in the target port plan"; the term "environmental impact concerning the target project" is deemed to be replaced with "port environmental impact regarding the port development, etc. specified in the target port plan"; the term "including areas that are deemed to be added to the areas under Article 6, paragraph (1), in light of the opinions expressed pursuant to the provisions of Article 8, paragraph (1) and Article 10, paragraph (1), (4) or (5), and on the basis of the results of the environmental impact assessment conducted pursuant to Article 12, paragraph (1); referred to below" is deemed to be replaced with "referred to below"; the term "business operator" in Article 16 is deemed to be replaced with "port management body"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "business operator" in Article 17, paragraphs (1) and (2), Article 18, paragraph (1), Article 19, Article 20, paragraph (1) and paragraphs (3) through (6), and Article 21, paragraph (1) is deemed to be replaced with "port management body"; the term "project becomes a target project" in Article 21, paragraph (1) is deemed to be replaced with "port plan is a target port plan"; the term "Article 5, paragraph (1), item (ii)" in item (i) of that paragraph is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "size of the project" in that item is deemed to be replaced with "size of port development, etc. specified in the port plan"; the term "Articles 5 is deemed to be replaced with" Articles 11"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "Article 5, paragraph (1), item (i), or in Article 14, paragraph (1), items (ii) through (iv), item (vi) or item (viii)"in item (ii) of that paragraph is deemed to be replaced with "Article 14, paragraph (1), item (i), (vi) or item (viii)"; the term "the following Article through Article 27" is deemed to be replaced with "Article 27"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "environmental impact assessment for the relevant amended parts of the target project" in item (iii) of that paragraph is deemed to be replaced with "port environmental impact regarding the relevant amended parts of the port development, etc. specified in the target port plan"; the term "business operator" in paragraph (2) of that Article is deemed to be replaced with "port management body"; the term "environmental impact assessment report" is deemed to be replaced with "port environmental impact assessment report"; the term "environmental impact assessment concerning" is deemed to be replaced with "port environmental impact assessment concerning"; the term "if an environmental impact assessment" is deemed to be replaced with "if the port environmental impact assessment"; the term "environmental impact assessment related to" is deemed to be replaced with "port environmental impact assessment related to"; the term "an environmental impact assessment" is deemed to be replaced with "the port environmental impact assessment"; the term "order of the competent ministry for each category of project stated in Article 2, paragraph (2), item (i), (a) through (m)" is deemed to be replaced with "order of the competent ministry"; the term "business operator" in Article 27 is deemed to be replaced with "port management body"; the term "a submission or notice under the provisions of Article 25, paragraph (3)" is deemed to be replaced with "an EIS under the provisions of Article 21, paragraph (2)"; the term "EIS, etc." is deemed to be replaced with "EIS and a document summarizing this"; the term "Target Project" in the title of Chapter VII is deemed to be replaced with "Target Port Project"; the term "Contents of a Project" in the title of Article 28 is deemed to be replaced with "Contents of a Port Plan"; the term "Environmental Impact Assessment" is deemed to be replaced with "Port Environmental Impact Assessment"; the term "business operator" in that Article is deemed to be replaced with "port management body"; the term "Article 7" is deemed to be replaced with "Article 16"; the term "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "Article 21, paragraph (1), or Article 25, paragraph (1)" is deemed to be replaced with "Article 21, paragraph (1)"; the term "project falls under the category of a target project" is deemed to be replaced with "port plan falls under the category of a target port plan"; the term "for the project" is deemed to be replaced with "for the port development, etc. specified in the port plan"; the term "Articles 5 through" is deemed to be replaced with" "from Articles 11 through"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "size of the project" is deemed to be replaced with "size of the port development, etc. specified in the port plan"; the term "Discontinuation of a Target Project" in the title of Article 30 is deemed to be replaced with "Suspension of the Decision of the Target Port Plan"; the term "business operator" in paragraph (1) of that Article is deemed to be replaced with "port management body"; the term "Article 7" is deemed to be replaced with "Article 16"; the term "scoping document, draft EIS" is deemed to be replaced with "draft EIS"; the term "not to implement the target business" in item (i) of the that paragraph is deemed to be replaced with "no decision on the target port plan, or no change to the target port plan is to be made after that decision"; the term "Article 5, paragraph (1), item (ii)" with "Article 14, paragraph (1), item (ii)"; the term "under either a class-1 project or a class-2 project"; the term " Implementation of a Target Project in the title of Article 31 is deemed to be replaced with "Making a Decision on the Target Port Plan, or Making Changes to the Target Port Plan After"; the term "A business operator" in paragraph (1) of that Article is deemed to be replaced with "the port management body"; the term " target project" is deemed to be replaced with "target port plan"; the term ", Article 25, paragraph (1) or Article 28" is deemed to be replaced with "or Article 28"; the term "project" is deemed to be replaced with "port plan"; the term "project)" is deemed to be replaced with "port plan; the same applies below in this Article)"; the term "implement a target project (" is deemed to be replaced with "make a decision on the target port plan, or make changes to the target port plan after that decision ("; the term "a business operator" in paragraph (2) of that Article is deemed to be replaced with "the port management body"; the term "Article 5, paragraph (1), item (ii)" is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "the size of the project" is deemed to be replaced with "the size of the port development, etc. specified in the port plan"; the term "environmental impact assessment" is deemed to be replaced with "port environmental impact assessment"; the term "Article 5, paragraph (1), item (ii)" in paragraph (3) of that Article is deemed to be replaced with "Article 14, paragraph (1), item (ii)"; the term "implement the relevant project" is deemed to be replaced with "make a decision on the target port plan, or make changes to the target port plan after that decision"; the term "an environmental impact assessment" is deemed to be replaced with "the port environmental impact assessment", and the term "a business operator" is deemed to be replaced with "the port management body".

(3)When making a decision on a targeted port plan, or modifying a targeted port plan after a decision has been made, in addition to complying with the provisions of the Port and Harbor Act, the port management body is to give appropriate consideration to any possible port environmental impact concerning port development, etc. specified in that port plan, and ensure protection of the environment, in accordance with the matters detailed in a port EIS referred to in Article 21, paragraph (2) as applied mutatis mutandis pursuant to the provisions of the preceding paragraph.