International Workshop on
Environmental Impact Assessment
and Principle 10

THE PAST, PRESENT, AND FUTURE OF
THE ENVIRONMENTAL IMPACTASSESSMENT SYSTEM IN JAPAN―TOKYO’S EXPERIENCE AND MOE’S INITIATIVE―Ken-ichiro YANAGI
Professor, Graduate School ofLaw, Meiji University

March 9, 2015

TABLE OF CONTENTS
1.

Introduction
2.

Environmental Assessment System in JapanTokyo’s Experience
Case 1: Systematic Consideration for Environmental
Impacts on Radial Road #5
 Case 2: Environmental assessment for 2020 Olympic
and Paralympic Games3.

MOE’s Initiative4.

SEA Introduction Guidelines 2007

Challenges Ahead

1. INTRODUCTION
Environmental Assessment System in JapanENVIRONMENTAL ASSESSMENT SYSTEM INJAPAN Tokyo Metropolitan Government notified theamendment of the EIA Ordinance in 2002 in which
systematic consideration for environmental impacts atearly planning stage is introduced.
 Prior to the above amendment, Tokyo had been working
over a decade on environmental evaluation before thefinal approval of their programs and projects on its own
initiative.
 MOE notified SEA Introduction Guidelines in 2007.
 The Amended EIA Law was promulgated in 2011 andenforced in 2013 which has given the de jure flexibility
in project design by introducing primary considerationof environmental assessment at early project stage.
However, It has not fully reflected SEA Guidelines 2007.

LEGISLATIONS IN
JAPAN

Sustainability
Assessment

EU’s Initiative

Level 3
POLICY

Level 2
SEA&ACCOMPLISHMENTS
IN EUROPE

PLAN

The Netherlands(Environmental Test)
Amended EIA
Ordinance (TokyoMetropolitan
Government)

Environmental andSocial
Consideration
Assessment
PROGRAMSEA Introduction
Guidelines 2007
(MOE)
Amended EIA
Law (MOE)

Level 1
Project EIA
PROJECT

EIA Law (MOE)EU Directive

2. TOKYO’S EXPERIENCE
Own Initiatives prior to Ordinance Amendment

CASE 1: SYSTEMATIC CONSIDERATION FORENVIRONMENTAL IMPACTS ON RADIAL ROAD #5
 The City Road in Mitaka City #3.2.2 (6,570m of with 30mwide) connects to the Metropolitan Radial Road #5 in
Suginami Ward.
 1 km of the Mitaka Road #3.2.2 and 1.3 km of the Radial Road
#5 had not been developed, which caused heavy traffic jam inthe surrounding area.

Suginami Ward
Metropolitan Radial Road #5MitakaCityProject Area (1.3km long and 60m wide)

Legend: Project

CASE 1: SYSTEMATIC CONSIDERATION FORENVIRONMENTAL IMPACTS ON RADIAL ROAD #5
 Tokyo introduced a systematic consideration for environmental

impacts at early stage to the Radial Road #5 on its own initiative.
Three alternative plans were proposed for comparison from social andeconomic aspects.
 Mitaka City and Suginami Ward requested environmental and socialand economic considerations for water quality of Tama River
Waterworks, air ambience, noise and vibration, flora and fauna,
historical and cultural sites, information discloser and publicparticipation.
Widened to 60m
10m
Buffer Zone

Embankment

7.5m

25m

7.5m

PromenadeFence

PromenadeFence

Tama River Waterworks
Accredited Historic Site
Former width: 50m

10m
Buffer ZoneEmbankment• Tokyo modified the project
design to widen the road from50m to 60m for environmental
preservation.
• Tokyo then conducted EIAand approved the project in2005.

CASE 2: ENVIRONMENTAL ASSESSMENT FOR
TOKYO 2020 OLYMPIC & PARALYMPIC GAMES The IOC requested the Government of Japan
 To implement an environmental assessment on all theinfrastructure for the Olympic and Paralympic Games at
candidature level
At the stage nobody knows which country is chosen as the site for
the Games, all the candidates are obliged to submit EIA to the IOC

 To stay coherent with the local legal framework where thesite for the games is located.
 To conduct the Olympic Games Impact Survey after theGames are over.
The minimum requirement is to fulfill the EIA Ordinance of Tokyo
Metropolitan Government

CASE 2: ENVIRONMENTAL ASSESSMENT FOR
TOKYO 2020 OLYMPIC & PARALYMPIC GAMESTokyo’s Decision
 To implement an IEE on voluntary basis, and EIA.
 To create three pillars (Facilities, Games and OverallPlan) in both IEE and EIA for a comprehensiveevaluation.
 In addition to 18 items for environmental evaluation,
17 items for socioeconomic evaluation are included.
 EIA focus on the environmental impact at postOlympic stage (“follow-up” stage) as well as
implementation stage.

OVERALL FLOW OF ENVIRONMENTALASSESSMENT FOR TOKYO 2020 OLYMPIC ANDPARALYMPIC GAMESFY2011Develop Guidelines

SubmitApplication Fileto IOCFY2012

Conduct IEE on
1) Facilities,2) Games, and3) Overall Plan Develop Guidelines for Environmental
Assessment

SubmitCandidature Fileto IOC
IOC’s Official
Visit to Tokyo

Conduct IEE Anticipate and Evaluate Env’l Impact
caused by the O&P Games Examine Mitigation Measures Overall Evaluation
IEE Evaluation Report
1. Salient features of site locations
2. Find causes of env’l impact
3. Salient features of local contexts
4. Select env’l and social items to befocused upon
5. Anticipate env’l and social impact
6. Examine mitigation measures
7. Examine env’l preservation measures
8. Summary of evaluation results

OVERALL FLOW OF ENVIRONMENTALASSESSMENT FOR TOKYO 2020 OLYMPIC ANDPARALYMPIC GAMESFY2013Develop EIA Guidelines

IOC DecideJapan as HostCountry
FY2014

Conduct EIA on
1) Facilities,2) Games, and3) Overall Plan

Follow up
before / during / afterthe Games

Develop EIA Guidelines for1) implementation stage, and2) Follow-up stage

Conduct EIA
 Anticipate and Evaluate Env’l
Impact caused by the O&P Games Examine Mitigation Measures
EIA Evaluation Report

Construction
Works
Demolition
Works

Follow up
 Monitor the env’l evaluation results
 Monitor if the mitigation measures aretaken
 Assess the effectiveness of mitigation
measures
Follow up Report3. MOE’S INITIATIVESEA Introduction Guidelines 2007

SEA INTRODUCTION GUIDELINES 2007
 The Ministry of Environment (MOE) notified SEA

Introduction Guidelines in 2007 to line ministries,prefectures and municipalities.
 Procedure for SEA implementation is described inthe Guidelines.
 MOE promotes SEA implementation nationwide.

PROCEDURE OF SEA IMPLEMENTATION
1. Initiate SEA

2. Officially Announce the Assessment
Methodologies
Local Environmental Information
Public Opinions

3. Implement Survey, Forecast and Assess theEnvironmental Impact

Officially announce initiation of study onSEA.
Officially announce at an appropriate timing
to collect public opinions on:• which alternatives to apply forcomparison and assessment• which environmental elements to assess• how to perform such assessment.
Request relevant prefectures andmunicipalities to provide local environmental
information.
Conduct survey, forecast and assess theenvironmental impact with the assessment
methodologies that reflect public opinions

PROCEDURE OF SEA IMPLEMENTATION
4. Prepare the Draft Environmental Statement andPublish
Opinions from relevant prefecturesand municipalities, and MOE

5. Prepare and Publish the Environmental
Statement

6. Reflect the Assessment Results to the Plan• Compile and officially announce
assessment results and collect publicopinions.
• Request relevant prefectures andmunicipalities for their opinions.
• MOE express its opinion whennecessary.
Summarize environmental statement basedon public opinions and those from relevant
prefectures, municipalities and MOE• Based on the assessment results,
extend environmental considerations
when selecting locations and scales• Share information on the extent to which
the assessment results have beenreflected upon official announcement ofplanning decision

4. CHALLENGES AHEAD
Issues to be tackled by Japanese GovernmentLEGISLATIONS IN
JAPANand TOKYO’SEXPERIENCES
Sustainability
Assessment

Level 3
POLICY

Level 2
SEA&PLAN

Case 2: Tokyo 2020
Olympic & Paralympic
Games

Amended EIA
Ordinance (TokyoMetropolitanGovernment)
Case 1: Tokyo
Metropolitan Road

Environmental andSocial
Consideration
Assessment
PROGRAMSEA Introduction
Guidelines 2007
(MOE)
Amended EIA
Law (MOE)

Level 1
Project EIA
PROJECT

EIA Law (MOE)

ACCOMPLISHMENTS
IN EUROPE

EU’s Initiative
The Netherlands(Environmental Test)

EU Directive

ISSUED TO BE TACKLED BY THE JAPANESEGOVERNMENT The Amended EIA Law remains at project level andthere still is a space for up-streaming toward SEA
at program level.
 In addition to environmental, Tokyo took socialand economic considerations at the planning stageof the Metropolitan Radial Road #5.
 Environmental assessment for 2020 Tokyo Olympicand Paralympic Games is a milestone for future
introduction of SEA and sustainability assessment.
 Tokyo’s above lessons should be learned for holistic
evaluation from environmental, social andeconomic aspects to increase society’s sustainability.

WHAT ARE CHALLENGES TO PREPARE A
MEANINGFUL UPSTREAM EIA/SEA AND PROJECTLEVEL EIA?
 Public Involvement should be secured in decision-making process.

Tokyo Metropolitan Government invited 3 citizens as
the Council members for the qualification of EIA
Document when they applied the holistic
environmental assessment for the Metropolitan Radial
Road No.5.
 3 representatives from different civic organizations arechosen as the EIA Council members of Kawasaki City.
 Social and economic evaluation should be

conducted for alternatives comparison at theplanning stage.
Tokyo Metropolitan Government has alreadyintroduced it in the Amended Ordinance.

WHAT ARE CHALLENGES TO USE UPSTREAM
EIA/SEA RESULTS EFFECTIVELY FOR AVOIDING
ADVERSE IMPACTS?
 Simply the procedures and shorten the time

Project Stage

Planning Stage

Ordinary caseSpecial case
Results from PreviousSurvey

Environmental Impact
Statement

Special Environmental
Impact Statement
By utilizing survey
results of previous
cases, newenvironmental survey
or draft evaluation
can be skipped.

Environment Survey
Draft Evaluation
Final Evaluation

WHAT ARE CHALLENGES TO LINK UPSTREAM
EIA/SEA WITH PROJECT-SPECIFIC EIA? WHATSHOULD BE THE TIMING?
 Prepare sufficient number of feasible alternatives

Non-feasible alternatives may be included to comparewith feasible alternatives in SEA.
 Project-level EIA can be the starting point if SEA
conditions are not met.
 Upstream EIA/SEA should be conducted when it isready to examine the alternatives from social andeconomic aspects.
 Stay transparent and reliabilityAll the decisions and procedures should be disclosed tothe public.