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Tentative Translation
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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
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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)
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