JAPAN Law and Practice Contributed by: Yutaro Fujimoto, Yurika Masakane, Hirokazu Tanaka and Yutaro Kato, Nagashima Ohno & Tsunematsu
Scoping statement Based on the consideration statement, as revised to reflect METI’s comments and public feedback (if any), the operator prepares a statement defining the scope and methodology of the EIA that the operator proposes to implement, submits it to METI and the relevant local government for review, and publishes it Based on the scoping statement, as revised to reflect the comments of METI, the relevant local government and public feedback (if any), the operator performs the EIA. Draft environmental impact statement Based on the completed EIA, the operator prepares a draft of the environmental impact statement, submits it to METI and the relevant local government for review and publishes it to seek feedback from the public. Environmental impact statement to seek feedback from the public. Environmental impact assessment Taking into account the comments from METI, the relevant local government and public feedback (if any), the operator prepares an environmental impact statement, submits it to METI for review and, based on METI’s feedback (if any), finalises the environmen- tal impact statement, submits it to the relevant local government and publishes it. METI has the authority to issue an order to further revise the environmental impact statement if it thinks revision is necessary to ensure due consideration of environmental impact. Rationalisation Act With respect to the construction of thermal power plants with a coal or other fossil-fuel energy source, the Rationalisation Act requires the operator to ensure that the thermal power plant satisfies the standards of power generation efficiency stated in this act and its delegated legislation. Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors Under the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors, the oper- ator may not install a nuclear reactor without obtaining permission, and approval of the nuclear reactor con- struction plan, from the NRA. Further approval from
METI for the construction plan of a nuclear reactor is required under the Electricity Business Act. Renewable Energy Special Measures Act If an operator wishes to participate in the FIT Regime or FIP Regime, it must comply with the Renewable Energy Special Measures Act, including briefing sessions with the local community. See 1.6 Recent Changes in Law or Regulation . Other Additional national or local permits may be required to construct or operate an electricity generation facility, depending on its location. 3.3 Approvals to Construct and Operate Generation Facilities In addition to the requirements to obtain construc- tion and operation approvals as summarised in 3.2 Obtaining Approvals to Construct and Operate Gen- eration Facilities , an operator of an Electricity Gen- eration Business is obliged to do the following, pursu- ant to the Electricity Business Act and its delegated legislation: • supply electricity as directed by the transmission and distribution network operators so that the demand and supply of electricity within the net- work will be balanced; • supply electricity in accordance with orders that METI may issue in the case of an emergency (such orders have never been issued to date); • prepare and submit a supply plan to OCCTO; • submit its financial statements to METI; • submit a report on its performance and operation results to METI; and • comply with the Network Codes of OCCTO. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities The Expropriation of Land Act (Act No 219 of 1951, as amended) empowers an operator of electricity busi- ness under the Electricity Business Act to expropriate a piece of land for its business in exchange for paying just compensation to the land right-holder, following the procedures set out in the Electricity Business Act.
179 CHAMBERS.COM
Powered by FlippingBook