Basic Environmental Law (Law No. 91 of 1993).

This Law comprises three chapters. Chapter 1 sets forth general provisions, including a statement of its goal to comprehensively and systematically promote policies for environmental conservation for present and future generations; a recognition of the delicate environmental balance of the eco-system and its finite carrying capacity; the need to reduce the environmental "load" of economic activities and to enhance scientific understanding in order to prevent interference with conservation. Three "basic principles" are spelled out in articles 3 through 5: the "enjoyment and future success of environmental blessings"; the "creation of a society ensuring sustainable development with reduced environmental load"; and "active promotion of global environmental conservation through international cooperation". The relative responsibilities of the state, local governments, corporations and individual citizens in relation to these "basic principals" and with respect to the reduction of environmental "loads" associated with their activities are articulated. Corporations must make efforts to use recyclable resources, and take steps to ensure proper disposal of wastes. Chapter 2 (arts. 14-40) deals with basic policies for environmental conservation. The Government is obligated to establish a Basic Environmental Plan outlining overall policies for conservation, which shall be subject to Cabinet approval and thereafter implemented without delay by the Prime Minister. The Government is also obligated to establish environmental quality standards for air, water, soil and noise.
Prefectural governors shall be instructed to formulate measures for environmental pollution control in their areas, and such plans will be submitted to the Prime Minister for approval, after consultation with the Conference on Environmental Approval. The Government is required to take steps to ensure that corporations undertake advance evaluations of potential environmental impacts and to give proper consideration to environmental conservation based on those results. It shall also establish regulations in a number of specific areas, including water, air and land pollution and protection of wildlife. Article 22 states that the Government will make efforts to provide economic assistance to persons undertaking efforts to reduce the environmental load. The State shall study the potential effect on the Japanese economy of methods such as the imposing of economic surcharges in order to encourage the voluntary reduction of environmental loads. Should it be deemed necessary to implement such measures, the State will make efforts to "acquire the understanding and cooperation of the people". The State shall promote the construction of public facilities and other activities such as reforestation, which contribute to the reduction of the environmental "load".
It shall also promote environmental education, recycling, provision of information, research and monitoring. Articles 37 and 38 deal with cost bearing. If the State or local government is required to implement a project in order to prevent interference with conservation, the persons who have caused the circumstances necessitating the project must share in the cost, according to their degree of responsibility. Similarly, persons who receive a special benefit from the implementation of nature conservation measures will be required to bear an appropriate and equitable share of the expenses. Chapter 3 establishes a Central Environment Council within the Environment Agency. It is entrusted with the formulation and promulgation of the Basic Environment Plan. It also provides consultation to the Prime Minister, the Director General of the Environment Agency, and other concerned ministries on environmental conservation matters. Separate environment councils are to be established at the prefectural and municipal levels. Finally, the chapter establishes a Conference on Environmental Pollution Control as a special organization within the Prime Ministers office, to carry out certain functions with respect to the Environmental Pollution Control Program, and to discuss the planning of basic and comprehensive policies. The Conference shall be comprised of the Prime Minister and selected heads of concerned ministries and agencies.