----------------------- Tentative Translation ----------------------- THE BASIC ENVIRONMENT ORDINANCE OF FUKUI PREFECTURE (Ordinance No.5 of 1995. Effective on March 16, 1995) Contents FOREWORD Chapter 1 General Provisions (Articles 1-8) Chapter 2 Basic Policies for Environmental Conservation Section 1 Policies for Environmental Conservation by the Prefecture etc. (Articles 9-22) Section 2 Promotion of Global Environmental Conservation etc. (Article 23) Section 3 Systems for Promoting Environmental Conservation (Article 24) Supplementary Provision --------------------------------------------------------------------------- FOREWORD Environment of Fukui, our homeland, blessed with abundant greenery and water, have been protected and fostered by our predecessors for long years, in the course of utilizing and enjoying the blessings of surrounding nature at the scenes of living and production. However, while the progress of urbanization and the development of science and technology have improved our convenience of living greatly, use of resouces and energy have become very large and adverse effects on environment not only local but also global have become eminent. Needless to say, the enjoyment of sound environment is our basic right, and we must make efforts to conserve the environment so that a healthy and productive environment shall be maintained into the future. In order to conserve the environment of the earth which is the base of existence for all lives and to create rich environment with full of taste and rest, we must reconsider our everyday life and economic activities, and, as a united body comprised of all citizens, corporations and administrations, we must carry out comprehensive and systematic activities to build a society ensuring sustainable development with little load on environment. We, with deep awareness of humankind's being part of nature, in order to conserve and create the affluent and beautiful environment of homeland Fukui through integrated wisdom and practices of all people, hereby establish this ordinance. Chapter 1 General Provisions (Purpose) Article 1 The purpose of this ordinance is to comprehensively and systematically promote policies for environmental conservation to ensure healthy and cultured living for both the present and future generations of the people in Fukui prefecture, through articulating the basic principles, clarifying the responsibilities of the Prefectural governments, municipalities, corporations and citizens, and prescribing the basic policy considerations for environmental conservation. (Terminology) Article 2 For the purpose of this ordinance, each of the following terms means what is prescribed in each subparagraph respectively. (1) "Environmental load" It means any adverse effects on the environment generated by human activities which may cause interference with environmental conservation. (2) "Global environmental conservation" It means environmental conservation regarding such phenomena as global warming, the ozone layer depletion, marine pollution, decrease in wildlife species, decrease of forests and others which are caused by human activities and affect the environment of the entire globe or a large part of it, which contributes to the welfare of mankind as well as to the healthy and cultured living of the people. (3) "Environmental pollution" ("Kogai" in Japanese) It means, among interference with environmental conservation, air pollution, water pollution (including a deterioration of water's unadulterated state other than the water quality and the quality of the bottom. The same shall apply hereinafter.), soil contermination, noise, vibration, ground subsidence (excluding subsidence caused from land excavation for mineral exploitation.) and offensive odors affecting an extensive area as a result of business and other human activities, which cause damage to human health or the living environment (icluding property closely related to human life, as well as fauna and flora closely related to human life and their living environment. The same shall apply hereinafter.) (Basic Principles) Article 3 1 Environmental conservation shall be conducted, with deep awareness of humankind's being part of nature, so as to realize rich and beautiful environment, to ensure citizen's enjoyment of its blessings and to pass it on to future generations. 2 Environmental conservation shall be promoted, aiming at building a society which ensures sustainable development with reduced environmental load, through voluntary and positive practices on environmental conservation by all sectors of society. 3 Global environmental conservation shall be promoted, considering importance of local activities with regard to environmental conservation, through positive practices in all business activities and our daily lives. (Responsibility of the Prefecture) Article 4 1 The Prefecture is responsible for formulating and implementing fundamental and comprehensive policies with regard to environmental conservation. 2 The Prefecture shall make efforts to communicate and coordinate with the State and other local governments, in formulating and implementing policies prescribed in the preceding paragraph. (Responsibility of Municipalities) Article 5 Municipalities are responsible for formulating and implementing policies with regard to environmental conservation in accordance with the natural and social conditions of the municipalities' jurisdiction. (Responsibility of Corporations) Article 6 1 Corporations are responsible, in conducting business activities, for taking necessary measures to prevent environmental pollution, such as the treatment of smoke and soot, polluted water and wastes, etc. resulting from their activities, and to propery conserve the natural environment. 2 Corporations are responsible, in manufacturing, processing or selling products, or engaging in other business activities, for taking necessary measures to ensure proper disposal of wastes generated from products and other goods related to their activities, in order to prevent interference with environmental conservation. 3 Besides the responsibilities priscribed in the preceding two paragraphs, corporations are responsible, in manufacturing, processing or selling products, or engaging in other business activities, for making efforts to reduce the environmental load resulting from the use or disposal of the products and other goods related to their activities; and for making efforts to use recyclable resources and other materials and services which contribute to reducing the environmental load in their activities, in order to prevent interference with environmental conservation. 4 Besides the responsibilities priscribed in the preceding three paragraphs, corporations are responsible for making voluntary efforts to conserve the environment such as reduction of the environmental load in the course of their business activities; and for cooperating with the policies implemented by the Prefecture or municipalities with regard to environmental conservation. (Resposibility of Citizens) Article 7 1 Citizens, with deep awareness that their daily lives are closely linked to environmental conservation, shall make such efforts to reduce the environmental load as reduction of wastes, proper use of resource and energy and others, in order to prevent interference with environmental conservation, 2 Besides that prescribed in the preceding paragraph, citizens are responsible for making own efforts to conserve the environment and for cooperating with the policies implemented by the Prefecture or municipalities with regard to environmental conservation. (Prevention of Air Pollution and like by Radioactive Substances) Article 8 The provisions of this ordinance shall not aplly to measures to prevent air pollution, water pollution and soil contermination caused by radioactive substances which shall be implemented under the Atomic Energy Basic Law (Law No.186 of 1955) and other related legislation. Chapter 2 Basic Policies for Environmental Conservation Section 1 Policies for Environmental Conservation by the Prefecture etc. (Guidelines for Policy Formulation) Article 9 In formulating and implementing the policies for environmental conservation, the Prefecture shall carry out them comprehensively and systematically, pursuant to the basic principles pescribed in the Article 3, and aiming at ensuring the following objectives. (1) To maintain natural elements of the environment such as air, water and soil in good condition so as to protect human health, to conserve the living environment and to properly preserve the natural environment. (2) To protect the biodiversity such as diversity of ecosystems and wildlife species, and to orderly conserve the various features of natural environment such as in the forest, farmlands and waterside areas in accordance with the natural and social conditions of the area. (3) To form fresh waterside environment, abundant greenery, comfortable urban environment, beautiful sights which integrate local identity, highly culutured environment secured by preservation and utilization of historical heritages, and so on, so as to create tasteful and restful living environment and ensure rich contact between people and nature. (4) To promote reduction of wastes, restrained consumption or circulative use of resources and energy etc.,so as to reduce the environmental load. (Consideration in Formulation of Policies by the Prefecture) Article 10 The Prefecture shall consider environmental conservation when formulating and implementing policies carried by the Prefecture. (Basic Environment Plan) Article 11 1 The Governor shall establish a basic plan with regard to environmental conservation (hereinafter referred to as the "Basic Environment Plan") in order to comprehensively and systematically promote the policies for environmental conservation. 2 The Basic Environment Plan shall stipulate the following matters. (1) The outline of the comprehensive and long-term objects and policies for environmental conservation (2) Besides the preceding matter, the matters required to comprehensively and systematically promote the policies for environmental conservation 3 The Governor shall hear the opinion of the Fukui Prefectural Environment Council in formulating the Basic Environment Plan. 4 The Governor shall make efforts to reflect the citizen's opinion in formulating the Basic Environment Plan. 5 The Governor shall promulgate The Basic Environment Plan without delay when it was formulated. 6 The preceding three paragraphs shall apply mutatis mutandis to changes of The Basic Environment Plan. (White Paper) Article 12 The Governor shall submit annually to the public a white paper on the environment so as to explain state of the environment and the policies with regard to environmental conservation etc. (Promotion of Environmental Impact Assessment) Article 13 The Prefecture shall take necessary measures to ensure that, when corporations are engaged in alteration of land shape, construction of new structures and other similar activities, they will conduct in advance surveys, forecasts or evaluations of the environmental impact of such activities and will give proper consideration to environmental conservation based on the results of them. (Regulatory Measures) Article 14 1 The Prefecture shall take regulatory measures necessary to prevent environmental pollution, regarding activities which may cause environmental pollution. 2 The Prefecture shall take regulatory measures necessary to conserve the natural environment, regarding activities which may cause interference with appropriate conservation of the natural environment. 3 Besides those provided in the preceding paragraphs, the Prefecture shall make efforts to take necessary regulatory measures to prevent interference with environmental conservation. (Advise and Assistance) Article 15 The Prefecture, in order to prevent interference with environmental conservation, shall make efforts to take appropriate measures such as providing technical advise and, when necessary, appropriate economic assistance so as to encourage persons who are conducting the activities generating or causing to generate environmental load (hereinafter referred to as the "load activities") to take measures for reduction of the environmental load associated with their load activities. (Promotion of Education and Learning on Environmental Conservation) Article 16 The Prefecture, in order to promote education and learning on environmental conservation, cooperating with municipalities and other organizations concerned, shall take necessary measures such as training experts, enhancing public relations etc. so as to increase corporations' and citizens' understanding of environmental conservation and to promote their voluntary activities with regard to environmental conservation. (Promotion of Voluntary Activities by Private Organizations) Article 17 The Prefecture shall take necessary measures to promote voluntary activities with regard to environmental conservation such as tree planting and the recovery of recyclable resources conducted by corporations, citizens or private bodies organized by these entities (hereinafter referred to as the "private bodies"). (Provision of Information) Article 18 The Prefecture shall make efforts to appropriately provide necessary information on environmental conservation including the state of the environment, so as to promote the education and learning provided for in Article 16 and to contribute to the activities voluntarily conducted by the private bodies provided in the preceding Article, in consideration of the rights and benefits of individuals and legal entities. (Implementation of Survey and Research etc.) Article 19 The Prefecture, in order to properly implement the policies for environmental conservation, shall collect information with regard to environmental conservation, such as on prevention of environmental pollution, conservation of natural environment etc., and conduct scientific survey and research, and also make efforts to develop technology and disseminate the results. (Improvement in Systems for Monitoring and Others) Article 20 The Prefecture shall make efforts to establish systems of monitoring, patrolling, measurements etc., in order to ascertain the state of the environment and properly implement the policies for environmental conservation. (Construction of Facilities for Environmental Conservation etc.) Article 21 1 The Prefecture shall take necessary measures to promote construction of public facilities for prevention of interference with environmental conservation such as buffer zones, and other projects for prevention of interference with environmental conservation such as water quality purification of rivers, lakes etc. 2 The Prefecture shall take necessary measures to promote construction of public facilities which contribute to prevention of interference with environmental conservation such as sewerage and public waste disposal facilities, and other projects which contribute to prevention of interference with environmental conservation such as improvement of forests. 3 The Prefecture shall take necessary measures to promote projects for appropriate improvement and sound use of the natural environment, including construction of such public facilities as parks and green areas. 4 The Prefecture shall take necessary measures to promote appropriate use of the public facilities provided in the preceding two paragraphs and other measures to increase the function of environmental conservation with regard to these facilities. (Propagation of Environmental Audit System) Article 22 The Prefecture shall conduct survey and research on environmental audit system, and make efforts to propagate it. Section 2 Promotion of Global Environmental Conservation etc. Article 23 1 The Prefecture shall make efforts to promote the policies for global environmental conservation such as prevention of global warming, protection of ozone layer etc. 2 The Prefecture, collaborating with the State, other local governments, private bodies and other organizations concerned, shall make efforts to promote survey and research on global environmental conservation, and monitering, obsevation and measurement of the environmental situation, and transfer of technologies for environmental conservation to developing regions outside Japan, etc. Section 3 Systems for Promoting Environmental Conservation Article 24 1 The Prefecture, in order to comprehensively promote the policies for environmental conservation, shall make efforts to improve systems for close collaboration and coordination on policies between the governmental organizations concerned. 2 The Prefecture, cooperating with the municipalities, citizens, corporations and private bodies, shall make efforts to improve systems for actively promoting policies for environmental conservation. Supplementary Provision This ordinance shall be enter into force on the day of its promulgation. (March 16, 1995) -------------------------------------------------------end----------------