CHAPTER IV PROGRAMMES FOR REHABILITATION OF NATURAL HABITATS AND MAINTENANCE OF VIABLE POPULATIONS

CHAPTER IV

PROGRAMMES FOR REHABILITATION  OF NATURAL HABITATS AND MAINTENANCE OF VIABLE POPULATIONS

Article 45

Programmes  for Rehabilitation  of Natural  Habitats  and Maintenance  of Viable  Populations

1. The Director-General of the Environment Agency and the heads of the administrative organizations of the National Government to execute programmes for the rehabilitation of natural habitats and the maintenance of viable populations (referred to as "the Director-General of the Environment Agency and other National Government officials" in Paragraph 3) shall hear opinions of the Nature Conservation Council to formulate programmes for the rehabilitation of the natural habitats and the maintenance of viable populations in order to contribute towards proper and effective implementation of the programmes for the rehabilitation of natural habitats and the maintenance of viable populations.

2. The programmes for the rehabilitation of natural habitats and the maintenance of viable populations shall be formulated on the species-by-species basis for the national endangered species of wild fauna and flora to be the objects of the programmes, covering the targets of the programmes for the rehabilitation of natural habitats and the maintenance of viable populations, the areas where the programmes for the rehabilitation of natural habitats and the maintenance of viable populations are to be executed, the substance of the programmes for the rehabilitation of natural habitats and the maintenance of viable populations and other matters necessary for proper and effective implementation of the programmes for the rehabilitation of natural habitats and the maintenance of viable population.

3. The Director-General of the Environment Agency shall, when a programme for the rehabilitation of natural habitats and the maintenance of viable populations has been formulated under Paragraph 1, announce its outline in the Official Gazette and make available for the public perusal the programme for the rehabilitation of natural habitats and the maintenance of viable populations.

4. The provisions of Paragraph 1 and the preceding Paragraph shall be applied mutatis mutandis to changes to the programmes for the rehabilitation of natural habitats and the maintenance of viable populations under Paragraph 1.

Article 46

Approved Programmes  for Rehabilitation of Natural Habitats and Maintenance  of Viable  Populations

1.     The National Government shall, when it is deemed as necessary, execute programmes for the rehabilitation of natural habitats and the maintenance of viable populations.

2.     Local governments may seek confirmation by the Director-General of the Environment Agency of their programmes for the rehabilitation of natural habitats and the maintenance of viable populations, of which those conforming to the programmes for the rehabilitation of natural habitats and the maintenance of viable populations under Paragraph 1 of the preceding Article.

3. Those other than the National Government and local governments may have approval by the Director-General of the Environment Agency that they are capable of properly and reliably executing their programmes for the rehabilitation of natural habitats and the maintenance of viable populations and that their programmes for the rehabilitation of natural habitats and the maintenance of viable populations conform to programmes for the rehabilitation of natural habitats and the maintenance of viable populations under Paragraph 1 of the preceding Article.

4.     The Director-General of the Environment Agency shall, when approval is granted under the preceding Paragraph, announce to that effect as prescribed by a Prime Minister's Office Ordinance. The same shall apply when the approval is nullified under the provision of Article 48 Paragraph 2 or Paragraph 3.

Article 47

Approved  Programmes,  Etc.

1.     The approved programmes for the rehabilitation of natural habitats and the maintenance of viable populations, etc. (which include the programmes for the rehabilitation of natural habitats and the maintenance of viable populations executed by the National Government, the programmes for the rehabilitation of natural habitats and the maintenance of viable populations confirmed by Paragraph 2 of the preceding Paragraph and the programmes for the rehabilitation of natural habitats and the maintenance of viable populations approved under Paragraph 3 of the same Article; the same shall apply hereinafter in this Article) shall be executed in accordance with the programmes for the rehabilitation of natural habitats and the maintenance of viable populations under Article 45 Paragraph 1.

2.     The provisions of Article 9, Article 37 Paragraph 4 and Paragraph 10, Article 38 Paragraph 4, Article 39 Paragraph 1 and Article 54 Paragraphs 2-3 shall not be applied to conducts to be performed under the approved programmes for the rehabilitation of natural habitats and the maintenance of viable populations.

3.     The owners or the occupants of land within the natural habitat conservation areas shall make efforts to co-operate for installation of necessary facilities for the rehabilitation of natural habitats and the maintenance of viable populations, such as feeding facilities, under the approved programmes for rehabilitation of natural habitats and the maintenance of viable populations.

4.     The Director-General of the Environment Agency may seek reports, from those executing the approved programmes for the rehabilitation of natural habitats and the maintenance of viable populations under Paragraph 3 of the preceding Article, on the stata of the execution of their programmes for the rehabilitation of natural habitats and the maintenance of viable populations and other necessary matters.

Article 48
 

Notification  of Termination  of Programmes

1. Those executing the programmes for the rehabilitation of natural habitats and the maintenance of viable populations with the confirmation under Article 46 Paragraph 2 or those executing the programmes for the rehabilitation of natural habitats and the maintenance of viable populations approved under Paragraph 3 of the same Article, when they terminate their programmes for the rehabilitation of natural habitats and the maintenance of viable populations or when they become unable to execute their programmes for the rehabilitation of natural habitats and the maintenance of viable populations according to the programmes for the rehabilitation of natural habitats and the maintenance of viable populations in accordance with Article 45 Paragraph 1, shall notify the Director-General of the Environment Agency to that effect.

2.     The Director-General of the Environment Agency shall, when the notification is received under the provision of the preceding Paragraph, nullify the confirmation under Article 46 Paragraph 2 or the approval under Paragraph 3 of the same Article with respect to the notification.

3.     The Director-General of the Environment Agency may, when the approved programmes for the rehabilitation of natural habitats and the maintenance of viable populations are regarded as not being executed in accordance with the programmes for the rehabilitation of natural habitats and the maintenance of viable populations or when those executing the approved programmes for the rehabilitation of natural habitats and the maintenance of viable populations are regarded as having ceased to be capable of properly and reliably executing their programmes for the rehabilitation of natural habitats and the maintenance of viable populations or when they fail to submit reports provided for in Paragraph 4 of the preceding Article or submit false reports, nullify the authorization.