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Laws of Japan |
(Law No. 78 (June 2, 2004))
[CONTENTS]
Chapter 1: General Provisions (Article 1 to Article 3)
Chapter 2: Regulations on Handling Invasive Alien Species (Article 4 to Article 10)
Chapter 3: Mitigation of Invasive Alien Species (Article 11 to Article 20)
Chapter 4: Uncategorized Alien Species (Article 21 to Article 24)
Chapter 5: Miscellaneous Provisions (Article 25 to Article 31)
Chapter 6: Penal Provisions (Article 32 to Article 36) Supplementary Provisions
Article 1 Purpose :
This Law shall have the purpose of preventing Adverse Effects on Ecosystems
caused by Invasive Alien Species (IAS) through regulating
raising, planting,
storing, carrying (hereinafter "Raising"), importing, or other handling of invasive
alien species and through
taking measures such as the mitigation of IAS by the
national government and other entities, with the aim to help stabilize and
improve
national life through contributions to conservation of biodiversity, human safety
and sound development of agriculture,
forestry and fisheries.
Article 2 Definition:
In this Law, "Invasive Alien Species" or "IAS" shall mean individuals (including
eggs, seeds and others stipulated by the Cabinet
Ordinance; limited to living
ones) and their organs (limited to those which require measures such as regulations
on Raising
for preventing Adverse Effects on Ecosystems to be taken under this
Law and which are stipulated by the Cabinet Ordinance (limited
to living ones))
that are stipulated by the Cabinet Ordinance to exist outside their original
habitats as a result of introduction
from overseas into our country (hereinafter
"Alien Species") and that are recognized or feared to cause Adverse Effects
on
Ecosystems because of their different properties from organisms having original
habitats in Japan (hereinafter "Indigenous Species").
2. In this Law "Adverse Effects on Ecosystems" shall mean adverse effects on ecosystems, human safety, or agriculture, forestry and fisheries.
3. When the competent ministers make a plan in enacting, amending or abolishing the ordinance of Paragraph 1, the ministers must consult academic experts on properties of living organisms about the draft plan.
Article 3 Basic Policy for Preventing Adverse Effects on Ecosystems
Caused by Invasive Alien Species:
The competent ministers shall prepare a draft of a basic policy for preventing
Adverse Effects on Ecosystems caused by IAS upon
consultation with the Central
Environment Council and ask for a Cabinet decision on it.
2. The basic policy in the preceding paragraph (hereinafter "The Basic Policy") shall stipulate the following matters:
i) The basic framework about the prevention of Adverse Effects on Ecosystems caused by IAS;
ii) Principles concerning the selection of IAS;
iii) Principles the handling of IAS;
iv) Principles concerning the mitigation of IAS by the national government and other entities; and
v) In addition to those mentioned in the preceding subparagraphs, important matters concerning the prevention of Adverse Effects on Ecosystems caused by IAS.
3. The competent ministers must, when the Cabinet decision on The Basic Policy stipulated under Paragraph 1 is made, announce it officially without delay.
4. The provisions of Paragraph 1 and the preceding paragraph shall be applied mutatis mutandis to a change of The Basic Policy.
CHAPTER 2: REGULATIONS ON HANDLING INVASIVE ALIEN SPECIES
Article 4 Prohibition of Raising:
No approval shall be issued to Raising IAS otherwise than in accordance with
the following cases:
i) When permission in Paragraph 1 of the next Article is obtained and Raising in connection with that permission is performed; or
ii) In the case of capture and other treatment for mitigation under the provisions of Chapter 3, or when there is an unavoidable reason stipulated in the Ministerial Ordinance.
Article 5 Permission for Raising:
A person who wishes to perform Raising of IAS for the purpose of scientific
research or any other purposes stipulated by the
Ministerial Ordinance must
obtain permission from the competent ministers.
2. A person who wishes to obtain permission in the preceding paragraph must submit an application for permission to the competent ministers as stipulated in the Ministerial Ordinance.
3. The competent ministers must not grant permission in Paragraph 1 in case there is a reason that falls under any of the following subparagraphs with respect to the Raising for which the application in the preceding paragraph is submitted:
i) The purpose of the Raising does not conform with one stipulated in Paragraph 1; or
ii) A person who is to perform Raising is recognized not to handle IAS properly because the person does not have a facility for the Raising which meets standards stipulated by the Ministerial Ordinance in accordance with the properties of IAS (hereinafter "Special Raising Facility") or for some other reasons.
4. In the case of granting permission in Paragraph 1, the competent ministers may attach conditions to the permission when they are recognized to be necessary for preventing Adverse Effects on Ecosystems caused by IAS, within the limits of the necessity.
5. A permittee in Paragraph 1 must, when performing the permitted Raising, inspect the Special Raising Facility for the permitted IAS periodically, make it clear that the permission is granted for the IAS, and use other methods stipulated in the Ministerial Ordinance.
Article 6 Order for Measures to Permittees for Raising:
When a permittee in Paragraph 1 of the preceding Article violates the provisions
of Paragraph 5 of the same Article or does
not meet conditions imposed under
the provisions of Paragraph 4 of the same Article, the competent ministers may
order to correct
the methods of Raising the IAS or to take other necessary measures
if they are recognized to be necessary for preventing Adverse
Effects on Ecosystems
caused by the IAS.
2. The competent ministers may cancel the permission in Paragraph 1 of the preceding Article in case the permittee violates the provisions of this Law or ordinances based on this Law, or disobeys proceedings imposed by this Law, resulting in the IAS being recognized as having or being likely to have Adverse Effects on Ecosystems.
Article 7 Prohibition of Import:
IAS must not be imported. This does not apply, however, to the case where a
permittee under Paragraph 1 of Article 5 imports
IAS in connection with that
permission.
Article 8 Prohibition of Transfers:
Any actions relating transfers (hereinafter "Transfers") of IAS are not allowed.
Nevertheless, this does not apply to the case
where persons, who perform or
intend to perform Raising of IAS in conformity with the provisions of Article
4, Subparagraph
1, shall conduct Transfers of the IAS between them, or to the
cases stipulated by the Ministerial Ordinance.
Article 9 Prohibition of Releasing, Planting, or Sowing:
IAS regarding Raising, import, or Transfers must not be released, planted, or
sowed outside the Special Raising Facility for
the IAS.
Article 10 Collection of Reports and On-site Inspection:
Within the limits required for the enforcement of this Law, the competent ministers
may request a permittee under Paragraph
1 of Article 5 to submit reports on
conditions of handling IAS and on other necessary matters, or may authorize
staff members
to enter facilities for the Raising of IAS, to inspect IAS, documents,
and other properties, or to question relevant persons.
2. The staff members in the preceding paragraph must carry their identification papers and present them to relevant persons.
3. The authority under the provisions of Paragraph 1 shall not be construed as being permitted for the purpose of criminal investigation.
Article 11 Mitigation by the National Government:
In case Adverse Effects on Ecosystems by IAS occur or are likely to occur, and
if a need arises for preventing occurrence of
the adverse effects, the competent
ministers and heads of the pertinent administrative organs of the national government
(hereinafter
"the National Government") shall conduct mitigation under the provisions
of this Chapter.
2. To perform mitigation under the provisions of the preceding paragraph, the National Government must, in accordance with the Ministerial Ordinance, stipulate the matters mentioned below and announce them officially in consultation with the prefectures concerned.
i) The type of IAS to be subjected to the mitigation;
ii) An area and a period for which the mitigation is performed; and
iii) Details of the mitigation such as capture, collection, or killing (herein after "Capture") of the IAS and other pertinent matters; and
iv) In addition to those mentioned in the preceding subparagraphs, matters stipulated in the Ministerial Ordinance.
Article 12 Exception from the Wildlife Protection and Hunting Law:
To the Capture of IAS subjected to mitigation performed by the National Government
under the provisions of Paragraph 1 of the
preceding
Article, the provisions of the Wildlife Protection and Hunting Law (Law No. 88 (2002)) shall not be applied.
Article 13 Entry into Land and other measures:
Within the limits required for mitigation under the provisions of Article 11,
Paragraph 1, the National Government may authorize
its staff members to enter
other persons' lands or water surfaces, to conduct Capture of IAS, or to cut
down trees and bamboos
which interfere with Capture of the IAS.
2. In the case of authorizing the staff members to act under provisions of the preceding paragraph, the National Government, in advance, must notify occupants of the lands or the water surfaces, or owners of the trees and bamboos about the acts, and give an opportunity to express their opinions.
3. The staff members in Paragraph 1 must carry their identification papers and present them to relevant persons.
Article 14 Compensation of Loss:
To a person who suffers a loss as a result of an act under the provisions of
Paragraph 1 of the preceding Article, the government
shall compensate for a
loss that is to incur normally.
2. A person who wishes to be given compensation under the provisions of the preceding paragraph needs to request it from the National Government.
3. The National Government must, when a request under the provisions of the preceding paragraph is received, decide the amount of compensation and notify it to the claimant.
Article 15 Filing of a Suit:
A person who is dissatisfied with a decision made under the provisions of Paragraph
3 of the preceding Article may demand an
increase of the amount to be given
in compensation within six months from the date of the receipt of the notice.
2. With regard to the complaint under the preceding paragraph, the government shall be the defendant.
Article 16 Liability of a Causer:
In case the need to carry out mitigation under the provisions of Paragraph 1
of Article 11 arises and there is a person who
has performed an act causing
it, the government may make the person bear the whole or part of expenses within
the limits necessary
to carry out the mitigation.
Article 17 Methods of Collecting Expenses Imposed:
When intending to make a person bear expenses under the provisions of the preceding
Article, the National Government must fix
the amount of expenses intended to
make the person bear (hereinafter "Expenses Imposed" in this Article) and the
deadline for
their payment, and order the payment, as stipulated by the Ministerial
Ordinance.
2. If there is a person who does not pay Expenses Imposed by the deadline under the preceding paragraph, the National Government must urge the person to pay by designating a new deadline in a reminder, as stipulated in the Ministerial Ordinance.
3. When the payment is urged under the provisions of the preceding paragraph, the National Government may collect arrearages in an amount calculated by multiplying the Expenses Imposed by a rate of 14.5% or less per annum for the number of days from the date following the deadline for payment in Paragraph 1 to the date of completion of the payment of the Expenses Imposed or to the date preceding the attachment of property for collecting the Expenses Imposed, as stipulated by the Ministerial Ordinance.
4. When a person who is urged to pay under the provisions of Paragraph 2 does not pay the Expenses Imposed and the arrearages of the Expenses Imposed stipulated by the preceding paragraph (hereinafter "Arrearages" in this Article) by a deadline designated by a reminder in Paragraph 2, the National Government may collect the Expenses Imposed and the Arrearages in accordance with cases of disposition for failure to pay national taxes. In this case, the order of the preferential right on the Expenses Imposed and the Arrearages shall come next to national taxes and local taxes.
5. The Arrearages shall come prior to the Expenses Imposed.
Article 18 Mitigation by Others than the National Government:
On mitigation of IAS which is intended by a local public entity and conforms
with matters announced officially under the provisions
of Paragraph 2 of Article
11, the local pubic entity may obtain confirmation to that effect from the competent
ministers, as
stipulated in the Ministerial Ordinance.
2. A person other than the government and local public entities may obtain the competent ministers' acknowledgement, as stipulated by the Ministerial Ordinance, on the mitigation of IAS planned by the person to the effect that the person is capable of performing it properly and reliably and that the mitigation conforms with matters announced officially under the provisions of Paragraph 2 of Article 11.
3. When the competent ministers give confirmation under Paragraph 1 or acknowledgement under the preceding paragraph, that fact must be announced officially as stipulated in the Ministerial Ordinance. The same applies to cases where these confirmation and acknowledgement are cancelled under the provisions of Paragraph 2 or 3 of Article 20.
4. The provisions of Article 12 shall be applied mutatis mutandis to mitigation which is performed by a local public entity under the confirmation in Paragraph 1 and mitigation which is performed by a person other than the government and local public entities under the acknowledgement in Paragraph 2, and the provisions of Article 13 to the preceding Article shall be applied mutatis mutandis to local public entities taking charge of affairs related to the mitigation under the confirmation in Paragraph 1.
Article 19:
The competent ministers may request a person who obtains the acknowledgement
in Paragraph 2 of the preceding Article and performs
mitigation to submit reports
on how the mitigation is performed and on other necessary matters.
Article 20:
When a person who obtains the confirmation under Article 18, Paragraph 1 or
the acknowledgement in Paragraph 2 of the same Article
suspends the mitigation
or becomes unable to perform the mitigation in conformity with matters announced
officially under the
provisions of Article 11, Paragraph 2, the person must
notify the effect to the competent ministers.
2. When notified under the provisions of the preceding paragraph, the competent ministers shall cancel the case's confirmation under Paragraph 1 of Article 18 or its acknowledgement under Paragraph 2 of the same Article.
3. When it is recognized that mitigation on which acknowledgement under Paragraph 2 of Article 18 is given is not performed in conformity with matters announced officially under the provisions of Article 11, Paragraph 2, or that a person, who performs the mitigation, becomes unable to carry out the mitigation properly and reliably, omits submitting reports stipulated in the preceding Article, or submits a false report, the competent ministers may cancel the acknowledgement.
Article 21 Notification of Import:
As stipulated in the Ministerial Ordinance, a person who intends to import uncategorized
alien species (which mean Alien Species
stipulated in the Ministerial Ordinance
as being suspected to have likelihood of causing Adverse Effects on Ecosystems
due
to properties different from those of Indigenous Species (limited to living
ones). Hereinafter the same definition applies.) must
previously notify the
competent ministers of the type of the uncategorized alien species (or "UAS")
and other matters stipulated
in the Ministerial Ordinance.
Article 22 Judgment:
When a notification stipulated under the preceding Article is received, the
competent ministers must judge whether or not the
UAS in the notification has
the likelihood of causing Adverse Effects on Ecosystems due to its properties
different from those
of Indigenous Species, and inform the result to the person
who has submitted the notification within six months from the date
of the receipt
of the notice.
Article 23 Restrictions on Import:
A person who intends to import UAS must not import the UAS before receiving
the information under the preceding Article to the
effect that the UAS is free
from the likelihood of causing Adverse Effects on Ecosystems due to its properties
different from
those of Indigenous Species.
Article 24 Uncategorized Alien Species relevant to Exporters Abroad:
A person who wishes to export UAS to Japan is able to previously notify, as
stipulated in the Ministerial Ordinance, the competent
ministers of the type
of the UAS and other matters stipulated in the Ministerial Ordinance.
2. The provisions of Article 22 shall apply mutatis mutandis to the notification stipulated in the preceding paragraph.
Article 25Attachment of a Certificate for Import:
Other organisms (limited to living ones) than those stipulated in the Ministerial Ordinance as being easily confirmable that they do not fall under the category of IAS nor UAS must not be imported unless certificates issued by foreign government agencies proving the types of the organisms or stipulated in the Ministerial Ordinance are attached to the organisms.
2. An organism requiring the attachment of a certificate in the preceding paragraph must not be imported through any other place than a port or an airport stipulated in the Ministerial Ordinance.
Article 26 Personnel Engaging in Control:
The competent ministers may authorize those of staff members who meet requirements
stipulated by the Cabinet Ordinance to exercise
a part of authorities stipulated
in Paragraph 1 of Article 6 or Paragraph 1 or Article 10.
2. Staff members who exercise the part of authorities of the competent ministers under the provisions of the preceding paragraph (in the next paragraph, "Controllers for IAS' Adverse Effects Prevention") must carry their identification papers and present them to relevant persons when such authorities are to be exercised.
3. In addition to those stipulated in the preceding two paragraphs, matters necessary in relation to the Controllers for IAS' Adverse Effects Prevention shall be stipulated by the Cabinet Ordinance.
Article 27 Measures for Amplification of Scientific Knowledge:
For the sake of amplification of scientific knowledge about Adverse Effects
on Ecosystems caused by Alien Species and the prevention
thereof, the government
must endeavor to collect, arrange and analyze information, promote study, and
take other necessary
measures relevant to the knowledge.
Article 28 Promotion of Public Understanding:
About mitigating IAS and other matters involved with Alien Species, the government
must endeavor to deepen public understanding
through measures such as educational
activities and public relation activities.
Article 29 The Competent Ministers and the Ministerial Ordinance:
The competent minister in this Act shall be the Minister of the Environment.
Nevertheless, for matters related to the prevention
of adverse effects on agriculture,
forestry and fisheries, the Minister of the Environment and the Minister of
Agriculture,
Forestry and Fisheries shall be the competent ministers.
2. The Ministerial Ordinance in this Act shall be an order issued by the competent ministers.
Article 30 Interim Measures:
In case an order is established, amended or abolished under the provisions of
this Act, needed interim measures (including interim
measures on penal provisions)
may be stipulated by the order to the degree judged reasonably necessary for
the establishment,
amendment or abolition thereof.
Article 31 Delegation to the Ministerial Ordinance:
Besides those stipulated in this Act, procedures for the implementation of this
Act and other matters necessary for the enforcement
of this Act shall be stipulated
by the Ministerial Ordinance.
Article 32:
A person who falls under any of the following subparagraphs shall be punished
by imprisonment for any period not exceeding three
years or a fine not exceeding
three million yen, or a combination of these two.
i) A person who has performed Raising of IAS with the aim to sell or distribute in violation of the provisions of Article 4;
ii) A person who has obtained permission in Paragraph 1 of Article 5 by a deception or other unlawful means;
iii) A person who has disobeyed an order under the provisions of Article 6, Paragraph 1;
iv) A person who has violated the provisions of Article 7 or Article 9; or v) A person who has sold or distributed IAS in violation of the provisions of Article 8.
Article 33:
A person who falls under any of the following subparagraphs shall be punished
by imprisonment for any period not exceeding one
year or a fine not exceeding
one million yen, or a combination of these two.
i) A person who has violated the provisions of Article 4 or Article 8 (excluding those who fall under Subparagraph 1 or Subparagraph 5 of the preceding Article);
ii) A person who has performed Raising of IAS against conditions attached under the provisions of Article 5, Paragraph 4; or
iii) A person who has violated the provisions of Article 23.
Article 34:
A person who has violated the provisions of Paragraph 1 or Paragraph 2 of Article
25 shall be punished by a fine not exceeding
five hundred thousand yen.
Article 35:
A person shall be punished by a fine not exceeding three hundred thousand yen
who has not submitted reports or has submitted
a false report under the provisions
of Paragraph 1 of Article 10; or who has refused, disturbed or evaded an on-site
inspection
under the provisions of the same paragraph, or has not given a statement
or has given a false statement in reply to a question
asked at the on-site inspection.
Article 36:
In case a representative of a corporation, or an agent, an employee or other
operative of a corporation or a person commits
an offense in Article 32 to the
preceding Article in connection with the work of the corporation or the person,
besides punishing
the actual offender, the corporation is punished by a fine
stipulated in an appropriate one of the following subparagraphs and
the person
is punished by a fine set forth in the main text of each appropriate Article.
i) Article 32: Punishment by a fine not exceeding one hundred million yen
ii) Article 33: Punishment by a fine not exceeding fifty million yen
iii) Article 34 or Article 35: Punishment by a fine set forth in the main text of each appropriate Article
Article 1 Date of Enforcement:
This Act shall be enforced from a date stipulated by the Cabinet Ordinance within
the limits not exceeding one year from the
date of promulgation. Nevertheless,
the provisions of the next Article, Article 3 and Article 5 of Supplementary
Provisions
shall be enforced from the date of promulgation.
Article 2 Interim Measures:
Even before the enforcement of this Act, the competent ministers may prepare
a basic policy for preventing Adverse Effects on
Ecosystems caused by IAS in
accordance with cases in the provisions of Paragraph 1 and Paragraph 2 of Article
3 and ask for
a Cabinet decision.
2. When the Cabinet decides on the basic policy in the preceding paragraph, the competent ministers must announce it officially without delay.
3. The basic policy set forth under the provisions of Paragraph 1 shall be taken as The Basic Policy stipulated under the provisions of Paragraph 1 and Paragraph 2 of Article 3 on the date of enforcement of this Act.
Article 3 Delegation to the Cabinet Ordinance:
Besides those stipulated in the preceding Article, necessary interim measures
concerning the enforcement of this Act shall be
stipulated by the Cabinet Ordinance.
Article 4 Review:
The government shall, after five years lapse from the enforcement of this Act,
conduct a review concerning the state of enforcement
of this Act and, when it
is deemed necessary, shall devise requisite measures based on the results thereof.
Article 5 Partial Amendment of the Basic Environment Law:
Part of the Basic Environment Law (Law No. 91 (1993)) shall be amended as follows:
Article 41, Paragraph 2, Subparagraph 3 shall be amended as follows: iii) To deal with matters caused to pertain to their authorities by the Natural Park Law (Law No. 161 (1957)), the Farmland Soil Pollution Control Law (Law No. 139 (1970)), the Natural Environment Conservation Law (Law No. 85 (1972)), the Protection and Keeping of Animals Law (Law No. 105 (1973)), the Special Measures Law for Conservation of Seto-Inland Sea Environment (Law No. 110 (1973)), the Law concerning Compensation for Pollution Damage to Health (Law No. 111 (1973)), the Law for the Conservation of Endangered Species of Wild Fauna and Flora (Law No. 75 (1992)), the Special Measures Law on Dioxins (Law No. 105 (1999)), the Basic Law for Recycling-oriented Society Promotion (Law No. 110 (2000)), the Law concerning Recycling of Used Motor Cars (Law No. 87 (2002)), the Wildlife Protection and Hunting Law (Law No. 88 ( 2002)) and the Invasive Alien Species Act (Law No. (2004)).
In order to prevent adverse effects on ecosystems, human safety, or agriculture, forestry and fisheries caused by Invasive Alien Species, raising, planting, storing or carrying, importing and other handling of IAS are prohibited with the exception of specified cases. At the same time, the mitigation of IAS by the government and other entities is promoted. Besides, it is necessary to restrict the import of Uncategorized Alien Species and to take other requisite measures. These are reasons for introducing this bill.
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