EIA and public participation inJAPAN
Yayoi IsonoProcess of the EIA Act in JapanEIA in Japan dated from 1972
1972

Approval of "On the Environmental Conservation Measures

Relating to Public Works" by the Cabinet
1993

Enactment of the “Basic Environment Law”
s.20 required EIA

1997Enactment of the “Environmental Impact Assessment Law”

1999

Enforcement of “Environmental Impact Assessment Law”

2011

Revision of Environment Impact Assessment

2013

Enforcement of Environment Impact Assessment

the Number of EIA Cases
roadriver;dam,riverworks

railway Airport Powerplant

Landfill,Waste
disposal Land
Reclamation
siteTotal86111811330

720

21(9)

497(122)In theprocess

10(0)

3(0)

1(1)

1(0)

185(26)

1(0)

4(0)

1(0)

206(27)65(20)

7(0)

15(3)

9(0)

111(44)注3) 6(1)14(2)注3)

15(7)236(76)

11(1)

1(0)

2(0)

1(0)

34(15)2(1)5(2)

55(19)

Completion
Aborded0(0)Class 1 projects: EIAClass 2 projects: go to screening process

合計

Public participationin the EIA Law• Any person allows to inspect the relevant documents ofscoping/draft EIS at offices of the local government
concerned and the project proponent, and web site.

• Any person who are concerned about the environment
allows to submit his/her opinion.

• Stakeholders/local people do not have any special
opportunity.

• The act provides public participation opportunity in threestages.

List ofprojects
subject totheEnvironment
al Impact
Assessment
Law

Smaller
projects thanclass 2 ones
might besubject to EIA
ordinances ofprefectures
ormunicipalities

Flow of theprocedure

Primary
environment
impactconsideration

Screening
Opportunitiesof public
Participation

3TimesScoping

Draft EIS

Final EIS

1st Stage
Strategic Environmental
Impact Assessment

InPlan, Program& Policy making

First environmental
impactconsideration

InPlanning oflocation, scale ofthe projectDistinguished feature?

First StageIn writing
Diligent effort

1st stage of EIA

Screening

No opportunity

2nd Stage:
Scoping
Draft:
Open to public
inspection① Meeting for
explanation ofdraft② opinion in writing(in one and half month)

Mandatory

3rd Stage:
Draft EIS
Draft:
Open to public
inspection① Meeting for
explanation ofdraft EIS② opinion in writing(in one and half month)

Mandatory

Final EIS and Appeal
The public has noopportunity to participate in
final EIA process or appeal
against the final EIS.

Environmental
Consideration

Decision makingof the project

Consideration ofrequirements ofthe acts relating
to the projectAccess to JudiciallySystem• Persons who have standing to sue are able to claim
the illegality of EIA procedure or EIS.

• Persons who only submitted his/her opinion to a
project proponent have no standing to sue, but
persons who have any legal interest to seek therevocation of the license of the project or otherrelevant administrative decisions.

Conclusion 1• Any person can submit his/her opinion to the project
proponent and• allow to inspect the relevant documents.
• Submission of opinions by the pubic in EIA process inJapan is interpreted as only provision of theinformation which the public hold concerning theenvironment. In following process, any person who
submitted their opinions are given no opportunity ofobjection against the replies of project proponents.

Conclusion 2• But generally saying, our public participation isweak, poor and inadequate.

• Really important actors in our EIA are prefectural

governors, mayors and the Environmental Minister.

• Their opinions are considered seriously.

Thank you very muchfor your attention