eia of japan

7/30/2019 Eia of Japan

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EIA OF JAPAN


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Since the establishment of National Environment Policy Act

(NEPA) in USA in 1964, EIA systems have been developed in

many countries. At present, all the OECD member nations (29)

have the legal systems outlining procedures for EIA.

Japan started working on EIA at a Cabinet meeting in June

1972, which stipulated Environmental Protection Measures for

Public Works. This agreement provided that the administrative

agencies instruct the project undertakers to survey and examine

potential environmental impact, countermeasures and alternativeplans and to take the necessary measures based on the studies.


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After that, regulations for EIA were provided in the Port and Harbour Law and

the Public Water Areas Reclamation Law (both amended in 1973). A policy for

EIA was prescribed in the Basic Policy for Natural Environment Conservation

based on the Nature Conservation Law (1972). EIAs were also undertaken forsuch sites as power stations (1977) and super express trains (1979) following

administrative guidance. For local public organisations, the establishment of a

local ordinance in Kawasaki (1976) and the provision of guidelines by

Fukuoka Prefecture (1973) are examples. As the result, EIAs were carried out

for a large-scale national project, Honshu-Shikoku Connecting Bridge, andlarge-scale local projects for industrial development in the Eastern

Tomakomai, Mutsuogawara, etc. While EIAs were conducted based on the

individual laws and administrative guidance, the proper and smooth

implementation of EIA through unified procedure became a significant policy

issue. The Environment Agency therefore started working toward

institutionalization of EIA based on a report by the Central Environmental

Pollution Control Council, however the bill for EIA was eventually shelved

and withdrawn. To undertake effective measures in this situation, a Cabinet

decision for Implementation Scheme for Environmental Impact Assessment,

based on the bill, was made in 1984, following which a total of 426 cases of

EIA were carried under the guidelines.


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Screening

The screening system is to determine whether an EIA is to beconducted or not for Class-2 Projects by the administrativeagencies that authorize the projects. For each project type, criteriafor determination are provided for in the relevant ministerial

ordinances, based on the basic items provided by the DirectorGeneral of the Environment Agency.

The judgment is made by the authorizing agency inaccordance with the judgment criteria (for example, decisions onroad projects are made by the Ministry of Infrastructure, Land

and Transport; decisions on power plant projects by the Ministryof Economy, Trade and Industry, etc..). In making the judgment,opinions from the prefectures governor who is well-acquaintedwith the local situation should be taken into consideration


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Scoping

Scoping is a system to select the items of EIA and the

methods for surveys, prediction and assessment for each project;

environmental impact by each project is different due to the

characteristics of projects and localities. Project undertakers are

required to make a proposal for the scoping document, whichoutlines the items and methods for EIA, in consideration of these

characteristics. After hearing and accounting the views of

governors, municipal heads and residents (no limitation in

localities) with public announcements and inspections, theundertakers finalize selecting the items and methods. This

process makes it possible to change the project plans at the early

phase of the projects.


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Implementation of EIA and Draft EIS

The undertakers are required to survey, predict and assess the

environmental impact, to examine the measures for

environmental conservation, to prepare a draft Environmental

Impact Statement (EIS) and to hear the views of governors,

municipal heads and residents (no limitation on localities)through public announcements and inspections. The draft EIS

includes the results of the EIA, follow-up surveys and a

comprehensive assessment of the environmental impact.


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After the survey, forecasts and evaluations are completed, the next

procedure is to listen to opinions concerning the results of the assessment.

The project proponents that prepares the draft EIS describes the assessment

results and his / her approach to addressing environment protection, and

sends it to the governor and the prefectures municipal Mayors. The

proponents also publicly notifies the document and Allows anyone to see it

at local government offices and the proponents' offices for a period of one

month. Within this period, meetings are also held to explain the contents of

the draft EIS.

Anyone who has an opinion about the draft EIS can make a submission

concerning environmental protection. The project proponents sends the

summaries of those opinions and his / her response to them to theprefectures and municipal Governments. Later, the prefectures governor

expresses his / her opinion after hearing the opinions from the municipal

Mayors, while also taking into account the opinions from the general public


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EISAfter the procedure for the draft EIS is completed, the project proponents

examines the opinions received, reviews the draft EIS and makes the EIS.

After completion, the EIS is sent to the agency authorizing the project

(for example, to the Minister of Infrastructure, Land and Transport in case of

roads or airports), as well as to the Minister of the Environment, and it is

Examined from the viewpoint of environmental protection. The Minister of the

Environment expresses his / her opinion to the authorizing agency. The

authorizing agency considers the opinions of the Minister of the Environment,

and then presents his / her opinion to the project proponents.

The project proponents reviews the EIS taking into account those

opinions, makes the final EIS and prefectures sends it to the governor, the

municipal Mayors, and the authorizing agency. He / she also publicly notifiesthe document and Allows anyone to review it at local government offices and

the proponents's offices, etc. for a period of one month. Until the final EIS is

made to the public, the project proponents can not implement any part of the

projects.


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EIA is a system where the project proponents considers how todevelop a better project from the viewpoint of environmentalprotection. To Ensure the quality of environmental assessment, theassessment results need to be evaluated by other parties than the projectproponents.

Under Cabinet-decision EIA, the agency authorizing the project(such as the Ministry of Infrastructure, Land and Transport and theMinistry of Economy, Trade and Industry) makes a judgment, and theMinister of the Environment presents his / her opinion only when askedby the authorizing agency. However, Because the agency authorizingthe project is Often Considered to promote the project, the law

stipulates that the Minister of the Environment who takes responsibilityfor environmental protection shall express his / her opinion on allprojects if Necessary


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eia of japan

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