CHAPTER III REGULATIONS CONCERNING CONSERVATION OF HABITATS ETC.

CHAPTER III

REGULATIONS  CONCERNING CONSERVATION  OF HABITATS  ETC.

Section 1

Duties  of Landowners  Etc.

Article 34

Duties  of Landowners  Etc.

Owners or occupants of land shall, in utilizing their land, pay attention to the conservation of the national endangered species of wild fauna and flora.

Article 35

Advice  or Guidance

The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the national endangered species of wild fauna and flora, give owners or occupants of land necessary advice or guidance in regard to matters, such as methods of utilization of their land.

Section 2

Natural  Habitat  Conservation  Areas,  Etc.

Article 36

Natural  Habitat  Conservation  Areas,  Etc.

1. The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the national endangered species of wild fauna and flora, designate as the natural habitat conservation areas those areas recognized as important for the conservation of the national endangered species of wild fauna and flora by taking into consideration the stata of distribution of the individuals, their ecology and other habitation or growing conditions of the individuals, out of the areas requiring the conservation of the habitats or growing grounds of the individuals and the areas requiring the conservation in unitary manners with such areas.

2. The designation under the preceding Paragraph (hereinafter referred to as "the designation" in this Article) shall be made by prescribing the areas to be designated, the national endangered species of wild fauna and flora relating to the designation, and a guideline as for the conservation of the areas to be designated.

3. The Director-General of the Environment Agency shall, when the designation polans are to be formulated, consult in advance with the heads of the other Government organizations concerned and hear opinions of the Nature Conservation Council and local governments concerned.

4. The Director-General of the Environment Agency shall, when the designation is to be made, make announcements as prescribed by a Prime Minister's Office Ordinance to that effect and make available for the public perusal the plans of the areas to be designated, the national endangered species of wild fauna and flora relating to the designation, and the guideline as for the conservation of the designated areas (referred to as "the designation plans" in the preceding Paragraph and Paragraph 6) for the duration of fourteen (14) days beginning the day the announcements are made.

5. When the announcements are made under the preceding Paragraph, the inhabitants and other parties concerned in the areas to be designated may submit statements of their opinions to the Director-General of the Environment Agency on the designation plans by the day the duration prescribed in the same Paragraph.

6. The Director-General of the Environment Agency shall, when the statements of opinions expressing objections to the designation plans are submitted under the preceding Paragraph or when it is deemed as necessary to hear opinions broadly on the designation, hold public hearings.

7. The Director-General of the Environment Agency shall, when the designation is to be made, make announcements in the Official Gazette to that effect as well as the areas to be designated, the national endangered species of wild fauna and flora relating to the designation and the guidelines as for the conservation of the designated areas.

8. The designation shall take effect with the announcements under the provision of the preceding Paragraph.

9. The Director-General of the Environment Agency shall, when it has been recognized that the designation is no longer necessary due to changes incircumstances, such as the habitation or growing conditions of the individuals of the national endangered species of wild fauna and flora with regard to the natural habitat conservation areas or it has been recognized as inappropriate to continue the designation, terminate the designation.

10. The provisions of Paragraph 3 and Paragraph 7-8 shall be applied mutatis mutandis to the termination of the designation under the provision of the preceding Paragraph. In these cases, "to that effect as well as the areas to be designated, the national endangered species of wild fauna and flora relating to the designation and the guidelines as for the conservation of the designated areas" shall be replaced to read "to that effect as well as the designated areas in regard to the termination", and so shall "the announcements under the provisions of the preceding Paragraph" in Paragraph 8 be to read "the announcements under the provision of the preceding Paragraph applied mutatis mutandis to Paragraph 10".

11. Those to perform conducts mentioned in each Item of Paragraph 4 of the following Article within the natural habitat conservation areas (within a radius of one (1) kilometre of each of the lakes, ponds and wetlands mentioned in Item 8 of Paragraph 4 of the following Article as for the conducts mentioned in the same Item) shall perform the conducts in such a manner that their conducts may not be detrimental to the conservation of the national endangered species of wild fauna and flora, paying attention to the guidelines under Paragraph 2.
Article 37

Managed  Areas

1. The Director-General of the Environment Agency may designate as the managed areas those areas which are recognized as especially necessary for the conservation of the national endangered species of wild fauna and flora within the habitat conservation areas.

2. The Director-General of the Environment Agency shall, when it has been recognized that the designation is no longer necessary due to changes in circumstances, such as those in the habitation or growing conditions of the individuals of the national endangered species of wild fauna and flora with regard to the managed areas or it has been recognized as inappropriate to continue the designation, terminate the designation.

3. The provisions of Paragraphs 2-8 of the preceding Article shall be applied mutatis mutandis to the designation under Paragraph 1, and so shall the provisions of Paragraph 3 and Paragraphs 7-8 of the same Article be to the termination of the designation under the provision of the preceding Paragraph. In these cases, " to that effect as well as the areas to be designated, the national endangered species of wild fauna and flora relating to the designation and the guidelines as for the conservation of the designated areas" in Paragraph 7 of the same Article shall be replaced to read "to that effect as well as the designated areas in regard to the termination" as for the termination of the designation under the provision of the preceding Paragraph, and so shall "the announcements under the provision of the preceding Paragraph" be to read "the announcements under the receding Paragraph applied mutatis mutandis to Paragraph 3 of the following Article".

4. The conducts mentioned in the following (only limited to the areas designated by the Director-General of the Environment Agency and the terms designated by the Director-General on an area-by-area basis as for the conducts mentioned in Items 10-14 shall not be acted within the managed areas (within a radius of one kilometre (1km) of each of the lakes, ponds or wetlands prescribed in Item 8 as for the conducts mentioned in the same Item; the same shall apply to Article 40 Paragraph 1 and Article 41 Paragraph 1) without permission of the Director-General of the Environment Agency.

(1) To construct, alter or expand structures, such as buildings.

(2) To develop residential areas, cultivate land or otherwise alter forms and characters of land (including the bottoms).

(3) To exploit minerals or to collect earth or stones.

(4) To reclaim the surface or to drain water for cultivation.

(5) To affect increases or decreases in the water levels or the water volumes of the rivers, lakes and ponds.

(6) To fell trees and bamboos.

(7) To conduct the taking etc. of articles, such as the individuals of the species of wild fauna and flora designated by the Director-General of the Environment Agency as those requiring the conservation of the habitation or growing of the individuals of the national endangered species of wild fauna and flora.

(8) To drain waste water or effluents by installing draining facilities into the lakes, ponds or wetlands within the managed areas, of which those designated by the Director-General of the Environment Agency, and the water areas or the waterways thereof.

(9) To use motor vehicles or horses or motor ships or to land aeroplanes in the areas designated by the Director-General of the Environment Agency, other than on roads, in open spaces, rice fields and other farmland, pastures and residential areas.

(10)    To conduct the taking etc. of articles, such as individuals of the species of wild fauna and flora other than individuals of the species of wild fauna and flora and other articles designated by the Director-General of the Environment Agency under the provision of Item 7.

(11)    To release or cultivate the individuals or sow their seeds, designated by the Director-General of the Environment Agency as the species of fauna and flora feared of being detrimental to habitation or growth of the individuals of the national endangered species of wild fauna and flora.

(12)    To spread substances designated by the Director-General of the Environment Agency as those detrimental to habitation or growth of the individuals of the national endangered species of wild fauna and flora.

(13)    To kindle or make a fire in the open air.

(14)   To make observation of the individuals of the national endangered species of wild fauna and flora by methods designated by the Director-General of the Environment Agency as those detrimental to habitation or growth of the individuals.
 

5.     Those to seek the permission under the preceding Paragraph shall, as prescribed by a Prime Minister's Office Ordinance, apply for the permission to the Director-General of the Environment Agency.

6. The Director-General of the Environment Agency may not, when the conducts concerned with the application under the preceding Paragraph does not conform to the guidelines in Paragraph 2 of the preceding Article applied mutatis mutandis to Paragraph 3, grant the permission.

7. The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the national endangered species of wild fauna and flora, attach conditions, within the limit of that necessity, to the permission under Paragraph 4.

8. Those already engaged in the conducts mentioned in each of the Items of Paragraph 4 on the day the controls begin to be enforced under the provision of the same Paragraph may, notwithstanding the same provision, continue being engaged in the conducts when they notify the Director-General of the Environment Agency of matters prescribed by a Prime Minister's Office Ordinance within three (3) months beginning the date of enforcement.

9. The provision of Paragraph 4 shall not apply as for the conducts in the following:
 

(1) The conducts required as emergency measures against disasters.

(2) Usual administrative conducts or simple acts, of which those prescribed by a Prime Minister's Office Ordinance.

(3) The felling of trees and bamboos, of which that is conducted by methods designated on the managed area-by-managed area basis and within the limit established by the Director-General of the Environment Agency through consultations with the Minister of Agriculture, Forestry and Fisheries.

10. Those having acted the conducts falling under Item 1 of the preceding Paragraph, of which those falling under each Item of Paragraph 4, shall notify the Director-General of the Environment Agency to that effect within fourteen (14) days beginning the day they acted the conducts.

Article 38

Restricted  Areas

1. The Director-General of the Environment Agency may designate as the areas where the entries are to be restricted those areas recognized as especially necessary for the conservation for habitation or growth of the individuals of the national endangered species of wild fauna and flora within the managed areas.

2. The Director-General of the Environment Agency shall, when the designation is to be made under the preceding Paragraph, seek the consent of the owners or the occupants of land of the places (only limited to those with due title; the same shall apply to the following Paragraph and Article 42 Paragraph 2) and consult with the heads of the administrative organizations concerned.

3. The Director-General of the Environment Agency shall, when the owners or the occupants of the land seek the termination of the designation under the provision of Paragraph 1 with due reasons or when it has been recognized that the designation is no longer necessary, terminate the designation.

4. Any person shall not enter the restricted areas within a termstipulated by the Director-General of the Environment Agency. However, the same shall not apply to the cases mentioned in the following:

(1) The cases where the entries are made as emergency measures required against disasters.

(2) The cases where the entries are made for usual administrative acts or simple acts, of which those prescribed by a Prime Minister's Office Ordinance.

(3) The cases where it has been recognized that there are unavoidable reasons for the entries and permission has been granted by the Director-General of the Environment Agency, other than the cases mentioned in the preceding two Items.
 

5. The provisions of Article 36 Paragraph 7-8 shall be applied mutatis mutandis to the designation under the provision of Paragraph 1 and the termination of the designation under the provision of Paragraph 3, and so shall the provisions of Paragraph 5 and Paragraph 7 of the preceding Article be to the permission under Item 3 of the preceding Paragraph. In these cases, "to that effect as well as the areas to be designated, the national endangered species of wild fauna and flora relating to the designation and the guidelines as for the conservation of the designated areas" shall be replaced to read "to that effect as well as the designated areas" as for the designation under the provision of Paragraph 1 and "to that effect as well as the designated areas in regard to the termination" as to the termination of the designation under the provision of Paragraph 3 and so shall "the announcements under the provision of the preceding Paragraph" be to read "the announcements under the provision of the preceding Paragraph applied mutatis mutandis to Article 38 Paragraph 5".

Article 39

Surveillance  Areas

1. Those to act the conducts mentioned in Article 37 Paragraph 4 Items 1-5 in the parts of the natural habitat conservation areas not belonging to the managed areas (referred to as the "surveillance areas" in Paragraph 1 of the following Article and Article 41 Paragraph 1) shall notify in advance the Director-General of the Environment Agency of the matters prescribed by a Prime Minister's Office Ordinance.

2. The Director-General of the Environment Agency may, when the conducts relative to the notification under the provision of the preceding Paragraph (hereinafter referred to as "the notification" in this Article) do not conform to the guidelines under Article 36 Paragraph 2, order those having made the notification to prohibit or restrict the conducts pertaining to the notification or to take necessary actions.

3. The orders under the provision of the preceding Paragraph shall not be issued, where thirty (30) days have elapsed since the day the notification was made (a term prescribed by the Director-General of the Environment Agency but not exceeding sixty (60) days in the cases where there are legitimate reasons for not being able to issue such orders under the Paragraph within the said thirty (30) days) or where the notification was made under the provision of the proviso to Paragraph 5.

4. The Director-General of the Environment Agency shall, when the term is prescribed under the provision of the preceding Paragraph, notify without delay those having made the notification in regard to it to that effect and of the reasons.

5. Those having made the notification shall not undertake the conducts pertaining to the notification until after thirty (30) days have elapsed since the day the notification is made (when a term has been prescribed by the Director-General of the Environment Agency under the provision of Paragraph 3, the term). However, the same shall not apply to the cases where the Director-General of the Environment Agency has recognized the conducts as not being detrimental to the conservation of the national endangered species of wild fauna and flora and has notified them of it.

6. The provision of Paragraph 1 shall not apply to the conducts mentioned in the following:
 

(1) The conducts as emergency measures required against disasters.

(2) The usual administrative conducts or simple conducts, of which those prescribed by a Prime Minister's Office Ordinance.

(3) The conducts already undertaken at the time the designation is made under the provision of Article 36 Paragraph 1.
Article 40

Orders  Etc.  for Measures  To Be Adopted

1. The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the national endangered species of wild fauna and flora, issue instructions to those engaged in the conducts mentioned in each Item of Article 37 Paragraph 4 in the managed areas or those engaged in the conducts mentioned in Items 1-5 of the Paragraph on methods by which those conducts are to be performed.

2. The Director-General of the Environment Agency may order those having violated the provision of Article 37 Paragraph 4 or Article 38 Paragraph 4, those having violated the conditions attached under the provision of Article 37 Paragraph 7 (including the cases where the provisions are applied mutatis mutandis to Article 38 Paragraph 5), those having acted the conducts stipulated in Paragraph 1 of the preceding Article without the notification provided for in the Paragraph, or those having violated the orders issued under the provision of Paragraph 2 of the preceding Article to impede the conservation of habitats or growing grounds of individuals of the national endangered species of wild fauna and flora to restore the affected places to the original conditions by prescribing a reasonable term and take other necessary measures for the conservation of habitats or growing areas of individuals of the national endangered species of wild fauna and flora, in the cases where such orders are deemed as necessary for the conservation of the national endangered species of wild fauna and flora.

3. The Director-General of the Environment Agency may, when those having received the orders under the provision of the preceding Paragraph have failed to take actions relative to the orders within the terms prescribed, restore to the original conditions by oneself or take other necessary actions for the conservation of habitats or growing ground of the individuals of the national endangered species of wild fauna and flora and have those having failed to obey the orders bear the whole or a part of the costs of such actions.

Article 41
 

Collection  of Reports  and  On-the-Spot  Inspections,  Etc.

1. The Director-General of the Environment Agency may, within the limit of the necessity of enforcing this Law, from those having acted the conducts mentioned in each Item of Article 37 Paragraph 4 in the managed areas or those having acted the conducts mentioned in Items 1-5 of the same Paragraph in the surveillance areas, seek reports on the stata of the conducts and other necessary matters.

2. The Director-General of the Environment Agency may, within the limit of the necessity of enforcing this Law, have personnel of the Agency enter the premises owned or occupied by those prescribed in the preceding Paragraph in the natural habitat conservation areas, inspect the conducts acted by them or enquire the parties concerned or survey the impact of the conducts upon the conservation of the national endangered species of wild fauna and flora.

3. The personnel to conduct the on-the-spot inspections or the on-the-spot surveys shall carry certificates indicating their positions and present them to the parties concerned.

4. The authority under the provisions of Paragraph 1-2 shall not be interpreted as that granted for criminal investigations.

Article 42
 

Field  Surveys

1. The Director-General of the Environment Agency may, within the limit of the necessity of field surveys for the designation under the provision of Article 36 Paragraph 1, Article 37 Paragraph 1 or Article 38 Paragraph 1, have personnel of the Agency to enter land tracts of others.

2.  The Director-General of the Environment Agency shall, when to have personnel of the Agency make on-the-spot inspections under the provision of the preceding Paragraph, notify in advance the owners or the occupants of the tracts to that effect and give them opportunities to express their
opinions.

3.  The personnel to conduct the on-the-spot inspections shall carry the certificates indicating their positions and present them to the parties concerned.

4.  The owners or the occupants of the land tracts shall not, unless there are due reasons, refuse or obstruct the entries prescribed by the provision of Paragraph 1.

Article 43

Arbitration  by the Environmental  Disputes Co-ordination  Commission

1.  Those complaining of the disposition under the provision of Article 37 Paragraph 4, Article 39 Paragraph 2 or Article 40 Paragraph 2, of which that concerned with adjustment with mining, quarrying or gravel collection, may seek arbitration of the Environmental Disputes Co-ordination Commission. In these cases, they may not seek enquiries under the Complaints against Administrative Acts Enquiries Law.

2.  The provisions of Article 18 of the Complaints against Administrative Acts Enquiries Law shall be applied mutatis mutandis to the cases where a National Government organization erroneously advises that they may seek enquiries or interpose objections as to the disposition under the preceding Paragraph.

Article 44

Compensation  for Losses

1.     The National Government shall make compensation for losses to be incurred in usual cases by not having been able to obtain the permission under Article 37 Paragraph 4 to those who have been incurred losses, by the conditions having been attached under the provision of Paragraph 7 of the same Article or by having received the orders under the provision of Article 39 Paragraph 2.

2. Those to receive the compensation under the preceding Paragraph shall make claims to the Director-General of the Environment Agency.

3.     The Director-General of the Environment Agency shall, when the claims are received under the preceding Paragraph, determine the amounts of the compensation and notify those having made the claims of them.

4. Those complaining of the amounts determined under the preceding Paragraph may make appeals for increases in the amounts within three (3) months beginning the day the notification under the preceding Paragraph is received.

5. The National Government shall be the defendant in the appeals under the preceding Paragraph.