(1) Reasons for Proposal
This Amendment is required to make it mandatory to systematize the survey items and establish business management plans to improve the system of assessment of and consultation on the acts of marine utilization and development such as extraction of marine aggregates.
(2) Major Provisions
A. Systematize the surveys on extraction of marine aggregates (Attached Table 4). Add accurate survey items related to the extraction of marine aggregates to the directions for preparing a consultation report to accurately understand offshore aggregate deposits, the impact of their utilization, etc.; make it obligatory to survey the real state of operations near the business area; and flexibly adjust the existing, standardized scope of survey by considering the irregularity of sea areas expected to be affected by ocean currents, the spread of suspended sediments, etc.
B. Make it mandatory to establish plans to control the extraction of marine aggregates (Attached Table 4). When preparing a consultation report, make it obligatory to establish plans for control of marine aggregates to tighten control of the marine aggregate extraction process to reduce environmental impact, and to specify the period and areas subject to prohibition of extraction of marine aggregates to protect the marine environment and fishery resources, etc.
C. Rearrange the survey items necessary for assessment and consultation (Attached Tables 1 and 4). Add survey items such as the real state of fisheries, turbidity, wave height, etc., crystallize the survey methods and time, etc.
D. Modify the provisions including updating of the cited Act. (Attached Table 2)
(3) Amendment Details
Regulations Concerning Preparation, etc., of a Consultation Report on Sea Area Utilization
[Enforced 2018.00.00] [Ministry of Oceans and Fisheries Notification No.2018-000]
Chapter 1 General Provisions
Article 1 (Purpose) These provisions aim to determine the delegated matters in relation to the details to be included in a consultation report on sea area utilization under Article 84, paragraph 3 of the 「Marine Environment Management Act」, those in relation to the specific details of the consultation report on sea area utilization and its preparation method under paragraph 5 of the same Article, and those in relation to marine environmental impact surveys under Article 95, paragraph 4 of the same Act.
Article 2 (Definitions) Definitions of the terms used in these regulations are as follows:
1. "Consultation on utilization of sea areas" means a consultation that the head of an administrative agency intending to grant licenses, permissions, designations, etc., under the provisions of Article 84 of the 「Marine Environment Management Act」 (hereinafter, the “Act”) requests in advance by applicable law from the Minister of Oceans and Fisheries or from the head of a regional maritime affairs and fisheries office (hereinafter referred to as the "Head of a Consultation Agency") under the provision for delegation of authority in Article 94, paragraph 4, subparagraph 11 of the Enforcement Decree(hereinafter referred to as the "Decree") of the Act regarding the propriety of utilization of sea areas and its impact on the marine environment.
2. "Reduction measures" means eliminating, reducing, and mitigating the impact on the marine environment.
3. "Marine environmental impact surveys" means acts of survey, analysis, and assessment conducted by a business operator of marine environmental impacts that may be created by the business carried on after a business license has been obtained according to Article 95, paragraph 1 of the Act.
Article 3 (Classification of Business Subject to Preparation of a Consultation Report on Sea Area Utilization). Business subject to preparation of a consultation report on sea area utilization is classified according to Article 61, paragraph 1 of the Decree into small-scale business which has a minor impact on the marine environment(hereinafter referred to as “business subject to simplified consultation on utilization of sea areas”) and large-scale business which has a major impact on the marine environment, thus requiring careful review and consultation(hereinafter referred to as “business subject to general consultation on utilization of sea areas”).
Article 4 (Responsibility for the Details of a Consultation Report) Business operators shall be ultimately responsible for the details of a consultation report.
Chapter 2 Matters Relating to Preparation, etc., of a Consultation Report on Sea Area Utilization
Article 5 (Details of Preparation of a Consultation Report on Sea Area Utilization). The head of an administrative agency who intends to grant licenses, permissions, designations, etc., (hereinafter referred to as "licenses, etc.") under Article 84 of the Act (hereinafter referred to as a "disposition agency") or a person who intends to engage in a business subject to consultation on utilization and requiring a license (hereinafter referred to as "sea area utilization business operators") shall prepare a consultation report on sea area utilization including the details in Attached Table 1.
Article 6 (Guidelines for Preparing a Consultation Report on Sea Area Utilization) ① The disposition agency or business operator shall conduct a prior review of the relevant business as to whether it corresponds to the regulated area under applicable law as prescribed in Attached Table 2.
② The disposition agency or business operator shall include in the consultation report on sea area utilization the general status of consultation on sea area utilization and plans to reduce the impact of the relevant business on the marine environment to a minimum.
Article 7 (Guidelines for Preparing a Consultation Report on General Sea Area Utilization) ① A consultation report on general sea area utilization shall analyze matters relating to marine environmental impacts anticipated by implementation of the subject business.
② A consultation report on general sea area utilization shall be prepared objectively and logically based on scientific facts, and it shall clearly present the basis for the details.
③ Important matters shall be fully described in view of the gravity of each impact on the environment from business implementation, but minor matters shall be briefly explained.
④ A business operator shall devise reduction measures. giving due consideration to the impact of a development project on the marine environment.
⑤ Explanatory notes shall be attached to technical terms used in a consultation report on general sea area utilization so that the general public may understand them.
Article 8 (Establishing the Areas Subject to Consultation on Sea Area Utilization in a Consultation Report on General Sea Area Utilization) Business implementation areas and those areas which are expected to have an impact on the marine environment due to business implementation shall be established as areas subject to consultation on sea area utilization. The range of areas that will have an impact on the marine environment shall be based on scientific or experiential forecast and analysis results.
Article 9 (Marine Environmental Status Surveys in a Consultation Report on General Sea Area Utilization) In principle, marine environmental status surveys shall be based on field surveys, but where the existing materials are sufficiently available to determine the current status, such as the National Marine Environment DB (seawater quality, marine ecology, seabed deposit, marine weather, etc.) and references, they may be utilized, provided, however, that in such a case, the existing materials shall be those surveyed within the last 3 years.
Article 10 (Methods of Preparation, etc., of a Consultation Report on General Sea Area Utilization) Major assessment details by assessment item and preparation methods in a consultation report on general sea area utilization are as shown in Attached Tables 3 and 4.
Article 11 (Marine Environmental Impact Survey Plan) ① The disposition agency or business operator shall establish marine environmental impact survey plans according to the preparation methods in Attached Table 4, and include them in the details of a general consultation report on sea area utilization.
② When establishing a marine environmental impact survey plan according to the provision of paragraph 1 and where a marine environmental impact survey plan for other business is being implemented already in the area subject to consultation on sea area utilization for the subject business, the disposition agency or business operator may establish a survey plan by integrating the same spots and survey items planned for both survey plans.
Article 12 (Submission of a Consultation Report on Sea Area Utilization) The number of copies to be submitted by the disposition agency to the head of a consultation agency under Article 84, paragraph 3 of the Act is as shown in each of the following subparagraphs.
1. Simplified Consultation Report on Sea Area Utilization: 5 copies and 3 CDs
2. General Consultation Report on Sea Area Utilization: 10 copies and 3 CDs
Article 13 (Submission of Marine Environmental Impact Survey Results) A sea area utilization business operator shall submit 3 copies of a marine environmental impact survey result and 3 CDs, respectively, to the disposition agency and the head of a consultation agency under Article 95, paragraph 1 of the Act.
Chapter 3 Matters Relating to Supplementation of and Re-consultation on a Consultation Report on Sea Area Utilization
Article 14 (Supplementation of a Consultation Report on Sea Area Utilization) Where a consultation agency deems it unsuited to implement consultation due to poor content of a consultation report on sea area utilization or requests supplementation for reviewing the consultation report, the disposition agency or business operator shall accept this request.
Article 15 (Re-consultation on a Consultation Report on Sea Area Utilization) ① Where the disposition agency intends to change its licensed business after being notified of consultative opinions according to the provisions of Article 94, it shall make a request to the head of a consultation agency for re-consultation using a re-prepared consultation report on sea area utilization. In such a case, the disposition agency may have the business operator submit a separate consultation report on sea area utilization and submit the report under the provision of Article 84, paragraph 4.
② In addition to the details in Article 10, a consultation report on sea area utilization for re-consultation shall include the matters shown in each of the following subparagraphs.
1. Grounds for changing business plans, etc.
2. Details of changes in business plans, etc.
3. Business process (documentary evidence and photos showing the site that may indicate the construction progress, process, etc., shall be attached.)
③ Notwithstanding the provisions of paragraph 2, where business construction has yet to commence or its minor details obviate the need for differentiating them from pre-change details, the details in paragraph 2, subparagraph 3 may be omitted.
④ Where there is a business operator’s request, the head of a consultation agency may make it required to prepare a consultation report on sea area utilization in any way in each of the following subparagraphs in view of the impact of the business subject to re-consultation on the environment.
1. Where there is a re-consultation required due to an increase in the area, the details of an environmental status survey on the existing area that has already completed consultation may be omitted.
2. Where there is a re-consultation required after three years have elapsed from the time consultation details were notified, a consultation report on sea area utilization may be prepared, provided, however, that preparation is limited to the item(s) expected to be changed due to development projects hitherto completed in the surrounding area.
⑤ The required number of submission copies of a re-consultation report on sea area utilization under the provision of paragraph 1 is as shown in each of the following subparagraphs.
1. General Consultation Report on Sea Area Utilization: 10 copies and 3 CDs
2. Simplified Consultation Report on Sea Area Utilization: 5 copies and 3 CDs
Article 16 (Relation to Sea Area Utilization Impact Assessment) The business for which an impact assessment report on sea area utilization has been prepared under the provisions of Article 85 of the Act shall be exempted from submission of a consultation report on sea area utilization.
Article 17 (Time Limit for Reexamination) The Minister of Oceans and Fisheries shall review the validity of this Notification and implement measures for its improvement, etc., every three years from January 1, 2017 (meaning until December 31 of every third year) in accordance with the Regulations on the Issuance and Control of Directives, Established Rules, etc.
ADDENDA <No. 2018-000, 2018.00.00>
This Notification shall enter into force from the date it is publicly notified.
