Act on Special Measures Concerning Nuclear Emergency Preparedness


Published: 2006

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Act on Special Measures Concerning Nuclear

Emergency Preparedness

(Act No. 156 of December 17, 1999)

Chapter I General Provisions (Articles 1 to 6)

Chapter II Obligations, etc. of Nuclear Operators Concerning Nuclear Disaster

Prevention (Articles 7 to 14)

Chapter III Issuance of a Declaration of a Nuclear Emergency Situation and

Establishment, etc. of Nuclear Emergency Response Headquarters (Articles

15 to 24)

Chapter IV Implementation, etc. of Emergency Response Measures (Articles 25

and 26)

Chapter V Measures for Restoration from Nuclear Emergency (Article 27)

Chapter VI Miscellaneous Provisions (Articles 28 to 39)

Chapter VII Penal Provisions (Articles 40 to 42)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to strengthen nuclear disaster control

measures, in cooperation with the Act on Regulation of Nuclear Source

Materials, Nuclear Fuel Materials and Reactors (Act No. 166 of 1957;

hereinafter referred to as the "Reactor Regulation Act"), the Basic Act on

Disaster Control Measures (Act No. 223 of 1961) and other Acts concerning

nuclear disaster prevention, by providing special measures for the obligations,

etc. of nuclear operators concerning nuclear disaster prevention, the issuance

of a declaration of a nuclear emergency situation and the establishment, etc. of

nuclear emergency response headquarters, and the implementation of

emergency response measures and other matters relating to a nuclear disaster,

taking into consideration the particularity of a nuclear disaster, thereby

protecting the lives, bodies and properties of citizens from a nuclear disaster.

(Definitions)

Article 2 In this Act, the meanings of the terms listed in the following items

shall be as prescribed respectively in those items:

(i) "nuclear disaster" means damage caused to the lives, bodies or properties of

citizens due to a nuclear emergency situation;

(ii) "nuclear emergency situation" means a situation in which radioactive

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materials or radiation at an abnormal level has been released outside the

nuclear site of a nuclear operator (in the case of the transport of radioactive

materials outside the nuclear site (hereinafter referred to as "transport

outside the nuclear site"), outside a vessel which is used for said transport)

due to the operation of the reactor, etc. by said nuclear operator (which

means the operation of the reactor, etc. prescribed in Article 2, paragraph 1

of the Act on Compensation for Nuclear Damage (Act No. 147 of 1961); the

same shall apply hereinafter);

(iii) "nuclear operator" means a person or an organization that falls under any

of the following (excluding a person or an organization that has been

designated, pursuant to the provisions of a Cabinet Order, by the competent

minister as a person or an organization that does not plan to use a facility for

the operation of the reactor, etc. over a long period of time):

(a) a person or an organization that has obtained permission for a fuel

processing business pursuant to Article 13, paragraph 1 of the Reactor

Regulation Act (including recognition given to the State under the

provisions of said paragraph applied by replacing the terms pursuant to

the provisions of Article 76 of the Reactor Regulation Act);

(b) a person or an organization that has obtained permission for the

establishment of a reactor pursuant to Article 23, paragraph 1 of the

Reactor Regulation Act (including recognition given to the State under the

provisions of said paragraph applied by replacing the terms pursuant to

the provisions of Article 76 of the Reactor Regulation Act, but excluding

permission for a reactor established on a ship);

(c) a person or an organization that has obtained permission for a storage

business pursuant to Article 43-4, paragraph 1 of the Reactor Regulation

Act (including recognition given to the State under the provisions of said

paragraph applied by replacing the terms pursuant to the provisions of

Article 76 of the Reactor Regulation Act);

(d) a person or an organization that has been designated in terms of a

reprocessing business pursuant to Article 44, paragraph 1 of the Reactor

Regulation Act (including recognition given to the State under the

provisions of said paragraph applied by replacing the terms pursuant to

the provisions of Article 76 of the Reactor Regulation Act);

(e) a person or an organization that has obtained permission for a disposal

business pursuant to Article 51-2, paragraph 1 of the Reactor Regulation

Act (including recognition given to the State under the provisions of said

paragraph applied by replacing the terms pursuant to the provisions of

Article 76 of the Reactor Regulation Act);

(f) a person or an organization that has obtained permission for using

nuclear fuel materials pursuant to Article 52, paragraph 1 of the Reactor

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Regulation Act (including recognition given to the State under the

provisions of said paragraph applied by replacing the terms pursuant to

the provisions of Article 76 of the Reactor Regulation Act) (limited to a

person or an organization that is deemed to have to put into place an

operational safety program pursuant to the provisions of Article 56-3,

paragraph 1 of the Reactor Regulation Act);

(iv) "nuclear site" means a factory or an operating site where a nuclear

operator conducts the operation of the reactor, etc.;

(v) "emergency response measures" means temporary measures that should be

implemented in order to prevent the progression (expansion) of a nuclear

disaster (including the probability of the occurrence of a nuclear disaster)

during the period from the issuance of a declaration of a nuclear emergency

situation under the provisions of Article 15, paragraph 2 to the issuance of a

declaration of the cancellation of a nuclear emergency situation under the

provisions of paragraph 4 of said Article;

(vi) "measures to prevent nuclear emergency" means measures that should be

implemented to prevent the occurrence of a nuclear disaster;

(vii) "measures for restoration from nuclear emergency" means measures that

should be implemented to prevent the progression (expansion) of a nuclear

disaster (including the probability of the occurrence of a nuclear disaster) or

to promote nuclear disaster recovery efforts (excluding compensation by a

nuclear operator for nuclear damage prescribed in Article 2, paragraph 2 of

the Act on Compensation for Nuclear Damage pursuant to the provisions of

said Act) after the issuance of a declaration of the cancellation of a nuclear

emergency situation under the provisions of Article 15, paragraph 4;

(viii) "designated administrative organ" means a designated administrative

organ prescribed in Article 2, item (iii) of the Basic Act on Disaster Control

Measures;

(ix) "designated local administrative organ" means a designated local

administrative organ prescribed in Article 2, item (iv) of the Basic Act on

Disaster Control Measures;

(x) "designated public institution" means a designated public institution

prescribed in Article 2, item (v) of the Basic Act on Disaster Control

Measures;

(xi) "designated local public institution" means a designated local public

institution prescribed in Article 2, item (vi) of the Basic Act on Disaster

Control Measures; and

(xii) "disaster prevention plan" means a disaster prevention plan prescribed in

Article 2, item (vii) of the Basic Act on Disaster Control Measures and a

disaster prevention plan for petroleum industrial complexes and other

petroleum facilities prescribed in Article 31, paragraph 1 of the Act on the

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Prevention of Disasters in Petroleum Industrial Complexes and Other

Petroleum Facilities (Act No. 84 of 1975).

(Responsibilities of a Nuclear Operator)

Article 3 A nuclear operator shall be responsible for taking full -scale measures

for the prevention of the occurrence of a nuclear disaster pursuant to the

provisions of this Act or any other relevant Act and for taking, in good faith,

necessary measures with regard to the prevention of the progression

(expansion) of a nuclear disaster (including the probability of the occurrence of

a nuclear disaster) and nuclear disaster recovery efforts.

(Responsibilities of the State)

Article 4 (1) The State shall, pursuant to the provisions of this Act or any other

relevant Act, fulfill its responsibilities under Article 3, paragraph 1 of the

Basic Act on Disaster Control Measures concerning a nuclear disaster by

establishing nuclear emergency response headquarters, giving necessary

instructions to local governments and taking other measures necessary for the

implementation of emergency response measures and those necessary for the

implementation of measures to prevent nuclear emergency and measures for

restoration from nuclear emergency.

(2) The head of a designated administrative organ (in the case where said

designated administrative organ is a committee or any other agency based on

the council system, said designated administrative organ; the same shall apply

hereinafter except in Article 17, paragraph 6, item (iii) and Article 20,

paragraph 3) and the head of a designated local administrative organ shall, for

the purpose of ensuring the smooth implementation of measures to prevent

nuclear emergency, emergency response measures and measures for

restoration from nuclear emergency by a local government under the provisions

of this Act, make recommendations and give advice to said local government

and take other appropriate measures with regard to the affairs under the

jurisdiction of said local government.

(3) In addition to exercising his/her authority under the provisions of this Act

appropriately, the competent minister shall, for the purpose of ensuring the

smooth implementation of measures to prevent nuclear emergency, emergency

response measures and measures for restoration from nuclear emergency by a

nuclear operator under the provisions of this Act, give guidance and advice to

said nuclear operator and take other appropriate measures.

(Responsibilities of a Local Government)

Article 5 A local government shall, pursuant to the provisions of this Act or any

other relevant Act, fulfill its responsibilities under Article 4, paragraph 1 and

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Article 5, paragraph 1 of the Basic Act on Disaster Control Measures

concerning a nuclear disaster by taking measures necessary for the

implementation of measures to prevent nuclear emergency, emergency

response measures and measures for restoration from nuclear emergency.

(Coordination and Cooperation among Relevant Organs)

Article 6 The State, local governments, nuclear operators, and designated public

institutions and designated local public institutions shall, for the purpose of

ensuring the smooth implementation of measures to prevent nuclear

emergency, emergency response measures and measures for restoration from

nuclear emergency, cooperate with each other through the promotion of mutual

coordination.

Chapter II Obligations, etc. of Nuclear Operators Concerning Nuclear

Disaster Prevention

(Nuclear Operator Emergency Action Plan)

Article 7 (1) A nuclear operator shall, pursuant to the provisions of an ordinance

of the competent ministry, prepare a nuclear operator emergency action plan

with regard to its measures to prevent nuclear emergency, emergency response

measures, and measures for restoration from nuclear emergency and other

duties that are necessary for preventing the occurrence and progression

(expansion) of a nuclear disaster and for promoting nuclear disaster recovery

efforts, with respect to each of its nuclear sites, and review its nuclear operator

emergency action plan every year and revise it if revision is found to be

necessary. In this case, said nuclear operator emergency action plan shall not

conflict with either any regional disaster prevention plan prescribed in Article

2, item (x) of the Basic Act on Disaster Control Measures or any disaster

prevention plan for petroleum industrial complexes and other petroleum

facilities prescribed in Article 31, paragraph 1 of the Act on the Prevention of

Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities

(referred to as a "regional disaster prevention plan, etc." in the next

paragraph).

(2) When a nuclear operator intends to prepare or revise a nuclear operator

emergency action plan pursuant to the provisions of the preceding paragraph,

it shall, pursuant to the provisions of a Cabinet Order, confer in advance with

a prefectural governor who has jurisdiction over the area where the relevant

nuclear site is located (hereinafter referred to as the "competent prefectural

governor"), the mayor of a municipality who has jurisdiction over said area

(hereinafter referred to as the "competent mayor of a municipality") and the

prefectural governors of the prefectures which include a municipality that

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neighbors a municipality including said area (excluding the competent

prefectural governor; hereinafter referred to as the "related neighboring

prefectural governors"). In this case, the competent prefectural governor and

related neighboring prefectural governors shall hear the opinions of the mayors

of related surrounding municipalities (which means the mayors of

municipalities which have prepared a regional disaster prevention plan, etc.

(excluding those listed in Article 2, item (x) (a) or (c) of the Basic Act on

Disaster Control Measures) concerning nuclear disasters pertaining to said

nuclear site with regard to the municipal area and fulfill other requirements

specified by a Cabinet Order (excluding the competent mayor of a

municipality); the same shall apply hereinafter ).

(3) A nuclear operator shall, when it has prepared or revised a nuclear operator

emergency action plan pursuant to the provisions of paragraph 1, promptly

notify the competent minister to that effect and make public the gist of the

plan.

(4) The competent minister may, when he/she finds a nuclear operator to be in

violation of the provisions of paragraph 1 or when he/she finds the nuclear

operator emergency action plan of a nuclear operator not to be sufficient to

prevent the occurrence or progression (expansion) of a nuclear disaster

pertaining to the relevant nuclear site, order the nuclear operator to prepare a

nuclear operator emergency action plan or to revise its nuclear operator

emergency action plan.

(On-Site Organization for Nuclear Emergency Preparedness)

Article 8 (1) A nuclear operator shall establish an on-site organization for

nuclear emergency preparedness with respect to each of its nuclear sites.

(2) An on-site organization for nuclear emergency preparedness shall, in

accordance with a nuclear operator emergency action plan under paragraph 1

of the preceding Article, perform the necessary duties for preventing the

occurrence or progression (expansion) of a nuclear disaster prescribed in said

paragraph.

(3) A nuclear operator shall, pursuant to the provisions of an ordinance of the

competent ministry, post nuclear disaster prevention staff who are engaged in

the duties prescribed in the preceding paragraph, at its on-site organization for

nuclear emergency preparedness.

(4) When a nuclear operator has posted nuclear disaster prevention staff at its

on-site organization for nuclear emergency preparedness, it shall, pursuant to

the provisions of an ordinance of the competent ministry, notify the competent

minister, the competent prefectural governor, the competent mayor of a

municipality and the related neighboring prefectural governors of the current

status thereof. In this case, the competent prefectural governor and the related

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neighboring prefectural governors shall send a copy of the document pertaining

to said notification to the mayors of related surrounding municipalities.

(5) The competent minister may, when he/she finds a nuclear operator to be in

violation of the provisions of paragraph 1 or 3, order said nuclear operator to

establish an on-site organization for nuclear emergency preparedness or post

nuclear disaster prevention staff.

(Nuclear Emergency Preparedness Manager)

Article 9 (1) A nuclear operator shall appoint a nuclear emergency preparedness

manager with respect to each of its nuclear sites and have him/her manage the

relevant on-site organization for nuclear emergency preparedness.

(2) A person who manages and administrates the implementation of the business

of a nuclear site at said nuclear site shall serve as a nuclear emergency

preparedness manager.

(3) A nuclear operator shall appoint a vice-nuclear emergency preparedness

manager from those in a managerial or supervisory position who are able to

perform, appropriately, duties concerning the prevention of the occurrence or

progression (expansion) of a nuclear disaster at the relevant nuclear site, and

have him/her assist a nuclear emergency preparedness manager in managing

the relevant on-site organization for nuclear emergency preparedness.

(4) When a nuclear emergency preparedness manager is not located within the

relevant nuclear site, a nuclear operator shall have a vice-nuclear emergency

preparedness manager manage the relevant on-site organization for nuclear

emergency preparedness.

(5) When a nuclear operator has appointed a nuclear emergency preparedness

manager or a vice-nuclear emergency preparedness manager pursuant to the

provisions of paragraph 1 or 3, it shall, pursuant to the provisions of an

ordinance of the competent ministry, notify the competent minister, the

competent prefectural governor, the competent mayor of a municipality and the

related neighboring prefectural governors to that effect without delay. The

same shall apply to the dismissal of such a person.

(6) The provisions of the second sentence of paragraph 4 of the preceding Article

shall apply mutatis mutandis to the notification set forth in the preceding

paragraph.

(7) The competent minister may, when he/she finds a nuclear operator to be in

violation of the provisions of paragraph 1 or 3 or when a nuclear emergency

preparedness manager or a vice-nuclear emergency preparedness manager has

violated the provisions of this Act or any order based on this Act, order the

nuclear operator to appoint a nuclear emergency preparedness manager or a

vice-nuclear emergency preparedness manager or to dismiss the relevant

nuclear emergency preparedness manager or vice-nuclear emergency

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preparedness manager.

(Obligation to Notify, etc. of a Nuclear Emergency Preparedness Manager)

Article 10 (1) When a nuclear emergency preparedness manager has been

notified that a radiation dose above the limit specified by a Cabinet Order has

been detected, pursuant to the provisions of a Cabinet Order, near the border

of an area where the nuclear site is located or has discovered such fact for

him/herself, he/she shall, pursuant to the provisions of an ordinance of the

competent ministry and the nuclear operator emergency action plan,

immediately notify the competent minister, the competent prefectural governor,

the competent mayor of a municipality and the related neighboring prefectural

governors (in the case of the occurrence of an event pertaining to transport

outside the nuclear site, the competent minister, and a prefectural governor

and the mayor of a municipality who have jurisdiction over the place where

said event has occurred) to that effect. In this case, the competent prefectural

governor and the related neighboring prefectural governors shall notify the

mayors of related surrounding municipalities to that effect.

(2) A prefectural governor or the mayor of a municipality who has received a

notification pursuant to the provisions of the first sentence of the preceding

paragraph may, pursuant to the provisions of a Cabinet Order, request the

competent minister to dispatch expert officials for the purpose of

understanding the situation. In this case, the competent minister shall

dispatch officials who are found to be qualified.

(Preparation, etc. of Radiation Measurement Facility and Other Necessary

Materials and Equipment)

Article 11 (1) A nuclear operator shall, in accordance with the requirements

specified by an ordinance of the competent ministry, establish in its nuclear

site a radiation measurement facility necessary for giving a notification under

the provisions of the first sentence of paragraph 1 of the preceding Article, and

maintain such facility.

(2) A nuclear operator shall, in its on-site organization for nuclear emergency

preparedness, install protection apparatus for radiation hazards, emergency

communication devices and any other materials and equipment necessary for

said on-site organization for nuclear emergency preparedness to perform its

duties, which are specified by an ordinance of the competent ministry

(hereinafter referred to as "materials and equipment for nuclear disaster

prevention"), and maintain and check them as needed.

(3) When a nuclear operator has established a radiation measurement facility

pursuant to the provisions of paragraph 1 or installed materials and equipment

for nuclear disaster prevention pursuant to the provisions of the preceding

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paragraph, it shall, pursuant to the provisions of an ordinance of the

competent ministry, notify the competent minister, the competent municipal

governor, the competent mayor of a municipality and the related neighboring

prefectural governors of the status of such facility or materials and equipment.

(4) The provisions of the second sentence of Article 8, paragraph 4 shall apply

mutatis mutandis to the notification set forth in the preceding paragraph.

(5) When a nuclear operator has established a radiation measurement facility

pursuant to the provisions of paragraph 1, it shall, pursuant to the provisions

of an ordinance of the competent ministry, undergo an inspection conducted by

the competent minister with regard to the performance of the facility.

(6) The competent minister may, when he/she finds a nuclear operator to be in

violation of the provisions of paragraph 1 or 2, order said nuclear operator to

take necessary measures for the establishment, maintenance or improvement

of its radiation measurement facility or the installation or maintenance and

check of its materials and equipment for nuclear disaster prevention.

(7) A nuclear operator shall, pursuant to the provisions of an ordinance of the

competent ministry, record the numerical values of a radiation dose detected

by a radiation measurement facility under paragraph 1, and publicize such

values.

(Designation of an Off-Site Center)

Article 12 (1) The competent minister shall, with respect to each nuclear site,

designate a facility that serves as the center for emergency response measures

taken by a person or an organization prescribed in Article 26, paragraph 2,

which is located within the area of the prefecture that includes the area where

the relevant nuclear site is located and fulfills other requirements specified by

an ordinance of the competent ministry (hereinafter referred to as an "off -site

center").

(2) The competent minister shall, when he/she intends to designate an off -site

center or make any change to a designation, hear in advance the opinions of

the competent prefectural governor, the competent mayor of a municipality,

and the mayor of a municipality who has jurisdiction over the location of said

off-site center (excluding the competent mayor of a municipality) and a nuclear

operator pertaining to said off-site center.

(3) The designation or change of designation under paragraph 1 shall be carried

out with a public notice to that effect given in an official gazette.

(4) A nuclear operator shall, when being designated under paragraph 1, submit

to the competent minister the materials specified by an ordinance of the

competent ministry as those necessary to enable a person or an organization

prescribed in Article 26, paragraph 2 to take emergency response measures

pertaining to the relevant nuclear site at the relevant off-site center. The same

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shall apply to a case where there has been any change to the content of any

documents submitted.

(5) The competent minister shall keep the documents submitted pursuant to the

provisions of the preceding paragraph at the relevant off-site center.

(National Plan Concerning Disaster Prevention Drills)

Article 13 (1) Disaster prevention drills under Article 48, paragraph 1 of the

Basic Act on Disaster Control Measures applied by replacing the terms and

phrases pursuant to the provisions of Article 28, paragraph 1 (excluding those

carried out by each person in charge of disaster prevention prescribed in said

paragraph pursuant to the provisions of a disaster prevention plan or a nuclear

operator emergency action plan) shall be carried out based on a plan prepared

by the competent minister pursuant to the provisions of an ordinance of the

competent ministry.

(2) A plan prepared pursuant to the provisions of the preceding paragraph shall

include the following matters which are necessary for the implementation of

disaster prevention drills:

(i) matters concerning the anticipation of a nuclear emergency;

(ii) matters concerning the operation of the provisions of Articles 10, 15 and 23;

and

(iii) in addition to what is listed in the preceding two items, matters necessary

for promoting the implementation of measures to prevent nuclear emergency.

(Cooperation for Other Nuclear Site)

Article 14 A nuclear operator shall, where there is a need to take emergency

response measures pertaining to the nuclear site of another nuclear operator,

make efforts to dispatch nuclear disaster prevention staff, lend materials and

equipment for nuclear disaster prevention and provide any other cooperation

necessary for implementing said emergency response measures.

Chapter III Issuance of a Declaration of a Nuclear Emergency Situation

and Establishment, etc. of Nuclear Emergency Response Headquarters

(Declaration of a Nuclear Emergency Situation, etc.)

Article 15 (1) In the case of falling under any of the following items, the

competent minister shall, when he/she finds that a nuclear emergency

situation has occurred, immediately report necessary information concerning

the situation to the Prime Minister, and submit a draft of a public notice under

the provisions of the next paragraph and a draft of an instruction under the

provisions of paragraph 3 to the Prime Minister:

(i) where the detected radiation dose pertaining to a notification which the

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competent minister has received pursuant to the provisions of the first

sentence of Article 10, paragraph 1 or the radiation dose detected at a

radiation measurement facility and by a measuring method, both of which

are specified by a Cabinet Order, exceeds the radiation dose specified by a

Cabinet Order as the condition of an abnormal level of a radiation dose;

(ii) in addition to what is listed in the preceding item, where an event specified

by a Cabinet Order as an event that indicates the occurrence of a nuclear

emergency situation has occurred.

(2) When there has been a report or submission under the provisions of the

preceding paragraph, the Prime Minister shall immediately give public notice

of the occurrence of a nuclear emergency situation and the following matters

(hereinafter referred to as the "declaration of a nuclear emergency situation"):

(i) the area where emergency response measures should be implemented;

(ii) the outline of the nuclear emergency situation;

(iii) in addition to what is listed in the preceding two items, the matters which

need to be known by residents, visitors and other persons, and public and

private organizations (hereinafter referred to as "residents, etc.") in the area

listed in item (i).

(3) When there has been a report or submission under the provisions of

paragraph 1, the Prime Minister shall immediately instruct mayors of

municipalities and prefectural governors who have jurisdiction over the area

listed in item (i) of the preceding paragraph to make a recommendation or give

instructions for eviction in order to evacuate the area or to take shelter under

the provisions of Article 60, paragraphs 1 and 5 of the Basic Act on Disaster

Control Measures applied by replacing the terms and phrases pursuant to the

provisions of Article 28, paragraph 2, or give such mayors of municipalities and

prefectural governors other instructions concerning emergency response

measures.

(4) The Prime Minister shall, when he/she finds, after he/she has issued a

declaration of a nuclear emergency situation, that it is no longer necessary to

implement emergency measures in order to prevent the progression

(expansion) of a nuclear disaster, promptly hear the opinions of the Nuclear

Safety Commission and give a public notice to the effect that said declaration

of a nuclear emergency situation is cancelled (hereinafter referred to as a

"declaration of the cancellation of a nuclear emergency situation").

(Establishment of Nuclear Emergency Response Headquarters)

Article 16 (1) The Prime Minister shall, when he/she has issued a declaration of

a nuclear emergency situation, temporarily establish nuclear emergency

response headquarters within the Cabinet Office after deliberation in a cabinet

meeting in order to promote emergency response measures pertaining to said

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nuclear emergency situation, notwithstanding the provisions of Article 40,

paragraph 2 of the Act for Establishment of the Cabinet Office (Act No. 89 of

1999).

(2) The Prime Minister shall, when he/she has established the nuclear emergency

response headquarters, immediately publicly notify the name of said nuclear

emergency response headquarters and the place and period of their

establishment, and, when said nuclear emergency response headquarters have

been abolished, immediately publicly notify to that effect.

(Organization of Nuclear Emergency Response Headquarters)

Article 17 (1) The nuclear emergency response headquarters shall be headed by

the director-general of the nuclear emergency response headquarters, and the

Prime Minister (or in the case of an accident to the Prime Minister, a Minister

of State designated by the Prime Minister in advance) shall serve in this

capacity.

(2) The director-general of the nuclear emergency response headquarters shall

manage the affairs of the nuclear emergency response headquarters and direct

and supervise the officials thereof.

(3) The nuclear emergency response headquarters shall have a vice director-

general(s), members and other officials.

(4) The competent minister shall serve as the vice director-general of the nuclear

emergency response headquarters.

(5) The vice director-general of the nuclear emergency response headquarters

shall assist the director-general of the nuclear emergency response

headquarters, and, in the case of an accident to the director-general of the

nuclear emergency response headquarters, he/she shall be delegated the duties

of said director-general. Where there are two or more vice director-generals of

the nuclear emergency response headquarters, they shall be delegated said

duties in the order set in advance by the director-general of the nuclear

emergency response headquarters.

(6) The following persons shall serve as the members of the nuclear emergency

response headquarters:

(i) persons appointed by the Prime Minister from among the Ministers of State

other than the director-general and the vice director-general(s) of the nuclear

emergency response headquarters;

(ii) the Deputy Chief Cabinet Secretary for Crisis Management; and

(iii) persons appointed by the Prime Minister from among the Senior Vice-

Ministers or the heads of designated administrative organs other than the

Ministers of State.

(7) The officials of the nuclear emergency response headquarters other than the

vice director-general(s) and the members of the nuclear emergency response

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headquarters shall be appointed by the Prime Minister from among the

officials of the Cabinet Secretariat or designated administrative organs, or the

heads or officials of designated local administrative organs.

(8) Local nuclear emergency response headquarters shall be established within

the nuclear emergency response headquarters as an organization which

conducts part of the affairs of said nuclear emergency response headquarters in

the emergency response measures implementation area (which means the area

listed in Article 15, paragraph 2, item (i) (in the case where said area has been

changed pursuant to the provisions of Article 20, paragraph 5, the area after

said change); the same shall apply hereinafter) as specified by the director-

general of said nuclear emergency response headquarters. In this case, the

provisions of Article 156, paragraph 4 of the Local Autonomy Act (Act No. 67 of

1947) shall not apply.

(9) The provisions of paragraph 2 of the preceding Article shall apply mutatis

mutandis to the local nuclear emergency response headquarters.

(10) The local nuclear emergency response headquarters prescribed in paragraph

2 of the preceding Article, as applied mutatis mutandis pursuant to the

preceding paragraph, shall be established at an off-site center designated

pursuant to the provisions of Article 12, paragraph 1 with regard to a nuclear

site pertaining to the relevant nuclear emergency situation (in the case where

a nuclear emergency situation pertaining to transport outside the nuclear site

has occurred or where there are any other special circumstances, a facility

specified by the director-general of the relevant nuclear emergency response

headquarters by taking into consideration the place where said nuclear

emergency situation has occurred; the same shall apply in Article 23,

paragraph 4).

(11) The local nuclear emergency response headquarters shall have a director-

general, members and other officials.

(12) The director-general of the local nuclear emergency response headquarters

shall take charge of the affairs of the local nuclear emergency response

headquarters under the orders of the director-general of the relevant nuclear

emergency response headquarters.

(13) The director-general, members and other officials of the local nuclear

emergency response headquarters shall be appointed from among the vice

director-general(s), members and other officials of the relevant nuclear

emergency response headquarters based on a designation by the director-

general of the relevant nuclear emergency response headquarters.

(Affairs under Jurisdiction of Nuclear Emergency Response Headquarters)

Article 18 The nuclear emergency response headquarters shall take charge of

the following affairs:

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(i) affairs relating to the comprehensive coordination of emergency response

measures that are implemented by the head of a designated administrative

organ, the head of a designated local administrative organ, the head of a

local government or any other executive organ, designated public institution,

designated local public institution or an on-site organization for nuclear

emergency preparedness of a nuclear operator in the emergency response

measures implementation area based on a disaster prevention plan or a

nuclear operator emergency action plan;

(ii) affairs that fall under the authority of the director-general of the nuclear

emergency response headquarters pursuant to the provisions of this Act; and

(iii) in addition to what is listed in the preceding two items, affairs that fall

under the authority thereof pursuant to the provisions of laws and

regulations.

(Delegation of the Authority of the Head of a Designated Administrative

Organ)

Article 19 (1) The head of a designated administrative organ may, when the

nuclear emergency response headquarters have been established, delegate the

whole or a part of his/her authority for emergency response measures to the

officials of said designated administrative organ or the head or officials of the

relevant designated local administrative organ, who are the officials of said

nuclear emergency response headquarters.

(2) The head of a designated administrative organ shall, when he/she has

delegated his/her authority pursuant to the provisions of the preceding

paragraph, immediately give a public notice to that effect.

(Authority of the Director-General of Nuclear Emergency Response

Headquarters)

Article 20 (1) The director-general of the nuclear emergency response

headquarters may coordinate the exercise of his/her authority by officials to

whom such authority has been delegated pursuant to the provisions of the

preceding Article in the emergency response measures implementation area

covered by said nuclear emergency response headquarters.

(2) When the director-general of the nuclear emergency response headquarters

finds it especially necessary for implementing emergency response measures

accurately and promptly in the emergency response measures implementation

area covered by said nuclear emergency response headquarters, he/she may,

pursuant to the provisions of Article 64, paragraph 3 of the Reactor Regulation

Act, instruct the competent minister to give the necessary orders.

(3) In addition to the instructions under the provisions of the preceding

paragraph, when the director-general of the nuclear emergency response

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headquarters finds it especially necessary for implementing emergency

response measures accurately and promptly in the emergency response

measures implementation area covered by said nuclear emergency response

headquarters, he/she may, within the limit necessary, give necessary

instructions to the heads of the relevant designated administrative organs and

the heads of the relevant designated local administrative organs, and the

officials of said designated administrative organs and the officials of said

designated local administrative organs to whom his/her authority has been

delegated pursuant to the provisions of the preceding Article, the heads of local

governments and other executive organs, designated public institutions and

designated local public institutions, and nuclear operators.

(4) The director-general of the nuclear emergency response headquarters may,

when he/she finds that it is necessary to request support from the Self -Defense

Forces in order to implement emergency response measures accurately and

promptly in the emergency response measures implementation area covered by

said nuclear emergency response headquarters, request the Minister of

Defense to dispatch units, etc. prescribed in Article 8 of the Self-Defense

Forces Act (Act No. 165 of 1954).

(5) The director-general of the nuclear emergency response headquarters may, in

accordance with the transition of a nuclear emergency situation, change the

matters listed in Article 15, paragraph 2, items (i) and (iii), which have been

publicly notified in the declaration of a nuclear emergency situation pertaining

to said nuclear emergency response headquarters, by giving a public notice,

after hearing the opinions of the Nuclear Safety Commission.

(6) The director-general of the nuclear emergency response headquarters may,

when he/she finds it necessary for implementing emergency response measures

accurately and promptly in the emergency response measures implementation

area covered by said nuclear emergency response headquarters, ask the

Nuclear Safety Commission for necessary advice with regard to technical

matters concerning the implementation of emergency response measures.

(7) The director-general of the nuclear emergency response headquarters may

delegate the whole or a part of his/her authority under the provisions of the

preceding six paragraphs to the vice director-general of the nuclear emergency

response headquarters.

(8) The director-general of the nuclear emergency response headquarters may

delegate a part of his/her authority under the provisions of paragraphs 1, 3 and

6 (excluding giving instructions to the heads of the relevant designated

administrative organs under the provisions of paragraph 3) to the director-

general of the local nuclear emergency response headquarters.

(9) The director-general of the nuclear emergency response headquarters shall,

when he/she has delegated his/her authority pursuant to the provisions of the

15

preceding two paragraphs, immediately give a public notice to that effect.

(Abolition of Nuclear Emergency Response Headquarters)

Article 21 Nuclear emergency response headquarters shall be abolished when a

declaration of the cancellation of a nuclear emergency situation is issued with

regard to a nuclear emergency situation pertaining to the relevant declaration

of a nuclear emergency situation.

(Mandatory Establishment of Prefectural and Municipal Headquarters for

Disaster Control)

Article 22 When a declaration of a nuclear emergency situation has been issued,

prefectural governors and mayors of municipalities who have jurisdiction over

the emergency response measures implementation area pertaining to said

declaration of a nuclear emergency situation shall establish headquarters for

disaster control as prescribed in Article 23, paragraph 1 of the Basic Act on

Disaster Control Measures with regard to said nuclear emergency situation.

(Joint Council for Nuclear Emergency Response)

Article 23 (1) When a declaration of a nuclear emergency situation has been

issued, the local nuclear emergency response headquarters and the prefectural

and municipal headquarters for disaster control which have jurisdiction over

the emergency response measures implementation area pertaining to said

declaration of a nuclear emergency situation shall organize a Joint Council for

Nuclear Emergency Response, in order to exchange information on said nuclear

emergency situation and cooperate with one another for the emergency

response measures that they implement respectively.

(2) A Joint Council for Nuclear Emergency Response shall consist of the following

persons:

(i) the director-general, members and other officials of the local nuclear

emergency response headquarters;

(ii) the director-generals of the prefectural headquarters for disaster control, or

the vice director-generals, members or other officials of said prefectural

headquarters for disaster control who have been delegated by the director-

generals of said prefectural headquarters for disaster control; and

(iii) the director-generals of the municipal headquarters for disaster control, or

the vice director-generals, members or other officials of said municipal

headquarters for disaster control, who have been delegated by the director-

generals of said municipal headquarters for disaster control.

(3) A Joint Council for Nuclear Emergency Response may, when it finds it

necessary, by conference, include designated public institutions, nuclear

operators or any other parties responsible for the implementation of nuclear

16

emergency response measures within the council, in addition to the persons

listed in the preceding paragraph.

(4) A Joint Council for Nuclear Emergency Response shall be established at an

off-site center.

(Exclusion from Application of the Basic Act on Disaster Control Measures)

Article 24 During the period from the issuance of a declaration of a nuclear

emergency situation to the issuance of a declaration of the cancellation of a

nuclear emergency situation, the provisions of Chapter II, Section 3 and Article

107 of the Basic Act on Disaster Control Measures shall not apply to the

nuclear emergency situation pertaining to said declaration of a nuclear

emergency situation.

Chapter IV Implementation, etc. of Emergency Response Measures

(Emergency Responses to be Implemented by a Nuclear Operator)

Article 25 (1) When an event specified by a Cabinet Order under Article 10,

paragraph 1 has occurred at the nuclear site managed by a nuclear emergency

preparedness manager, the nuclear emergency preparedness manager shall,

pursuant to the provisions of a nuclear operator emergency action plan,

immediately have the on-site organization for nuclear emergency preparedness

of said nuclear site implement the emergency responses necessary for

preventing the occurrence or progression (expansion) of a nuclear disaster.

(2) In the case prescribed in the preceding paragraph, a nuclear operator shall,

pursuant to the provisions of its nuclear operator emergency action plan,

report the outline of the measures implemented under the provisions of said

paragraph to the competent minister, the competent prefectural governor, the

competent mayor of a municipality and the related neighboring prefectural

governors (in the case of the occurrence of an event pertaining to transport

outside the nuclear site, the competent minister, and a prefectural governor

and the mayor of a municipality who have jurisdiction over the place where

said event has occurred). In this case, the competent prefectural governor and

the related neighboring prefectural governors shall notify the mayors of related

surrounding municipalities of the content of said report.

(Emergency Response Measures and Responsibilities for Their

Implementation)

Article 26 (1) Emergency response measures shall be implemented with regard

to the following matters:

(i) declaration of a nuclear emergency situation and other matters relating to

the transmission of information regarding a nuclear disaster and a

17

recommendation for or instruction of evacuation;

(ii) measurement of a radiation dose and other matters relating to the

collection of information regarding a nuclear disaster;

(iii) salvage, rescue of disaster victims and other matters relating to their

protection;

(iv) matters relating to the development, check and emergency recovery of

facilities and equipment;

(v) crime prevention, traffic control and other matters relating to maintenance

of the social order in the area affected by the relevant nuclear disaster;

(vi) matters relating to securing emergency transportation;

(vii) securing food, medicine and other materials, measurement of radiation

exposure of residents, etc., removal of contamination by radioactive materials

and other matters relating to the implementation of emergency responses;

and

(viii) in addition to what is listed in the preceding seven items, matters

relating to measures to prevent the progression (expansion) of a nuclear

disaster (including the probability of the occurrence of a nuclear disaster).

(2) During the period from the issuance of a declaration of a nuclear emergency

situation to the issuance of a declaration of the cancellation of a nuclear

emergency situation, the heads of designated administrative organs and the

heads of designated local administrative organs, the heads of local

governments and other executive organs, designated public institutions and

designated local public institutions, nuclear operators and other parties

responsible for the implementation of emergency response measures pursuant

to the provisions of laws and regulations shall implement emergency response

measures pursuant to the provisions of laws and regulations, a disaster

prevention plan or a nuclear operator emergency action plan.

(3) A nuclear operator shall, pursuant to the provisions of laws and regulations, a

disaster prevention plan or a nuclear operator emergency action plan, dispatch

nuclear disaster prevention staff, lend materials and equipment for nuclear

disaster prevention and take other necessary measures for the accurate and

smooth implementation of emergency response measures which are

implemented by the heads of designated administrative organs and the heads

of designated local administrative organs, and the heads of local governments

and other executive organs.

Chapter V Measures for Restoration from Nuclear Emergency

(Measures for Restoration from Nuclear Emergency and Responsibilities for

Their Implementation)

Article 27 (1) Measures for restoration from nuclear emergency shall be

18

implemented with regard to the following matters:

(i) investigation of the concentration or density of radioactive materials, or of

the radiation dose, in the emergency response measures implementation area

or other areas where such investigation is required (referred to as the

"emergency response measures implementation area, etc." in item (iii));

(ii) medical examination of and mental and physical health consultation for

residents, etc. and other measures relating to medical care;

(iii) public information activities concerning the status of the emanation of

radioactive materials in the emergency response measures implementation

area, etc. for the purpose of preventing the stagnation of sales, etc. of goods

resulting from a situation where the status of contamination by radioactive

materials remains unclear;

(iv) in addition to what is listed in the preceding three items, matters relating

to measures for preventing the progression (expansion) of a nuclear disaster

(including the probability of the occurrence of a nuclear disaster) or

promoting nuclear disaster recovery efforts.

(2) The heads of designated administrative organs and the heads of designated

local administrative organs, the heads of local governments and other

executive organs, designated public institutions and designated local public

institutions, nuclear operators and other parties responsible for measures for

restoration from nuclear emergency pursuant to the provisions of laws and

regulations shall implement measures for restoration from nuclear emergency

pursuant to the provisions of laws and regulations, a disaster prevention plan

or a nuclear operator emergency action plan.

(3) A nuclear operator shall, pursuant to the provisions of laws and regulations, a

disaster prevention plan or a nuclear operator emergency action plan, dispatch

nuclear disaster prevention staff, lend materials and equipment for nuclear

disaster prevention and take other necessary measures for the accurate and

smooth implementation of measures for restoration from nuclear emergency

which are implemented by the heads of designated administrative organs and

the heads of designated local administrative organs, and the heads of local

governments and other executive organs.

Chapter VI Miscellaneous Provisions

(Application of the Basic Act on Disaster Control Measures by Replacing the

Terms and Phrases, etc.)

Article 28 (1) With regard to the application of the provisions of the Basic Act on

Disaster Control Measures, which are listed in the left-hand column of the

following table (including the cases where these provisions are applied by

replacing the terms and phrases pursuant to the provisions of Article 32,

19

paragraph 2 of the Act on the Prevention of Disasters in Petroleum Industrial

Complexes and Other Petroleum Facilities), to a nuclear disaster, the terms

and phrases listed in the middle column of the same table in these provisions

shall be deemed to be replaced with the terms and phrases listed in the right-

hand column of the same table.

Provision for Term or phrase deemed to Term or phrase to be used

which a term or be replaced as replacement

phrase is

deemed to be

replaced

Article 2, item disaster nuclear disaster (which

(ii) means the nuclear disaster

prescribed in Article 2, item

(i) of the Act on Special

Measures Concerning

Nuclear Emergency

Preparedness; the same

shall apply hereinafter)

disaster nuclear disaster (including

the probability of the

occurrence of a nuclear

disaster)

damage damage (including the

probability of the occurrence

of damage)

disaster nuclear disaster

Article 21 and other persons concerned nuclear operators (which

means the nuclear operators

prescribed in Article 2, item

(iii) of the Act on Special

Measures Concerning

Nuclear Emergency

Preparedness) and other

persons concerned

to provide materials , or the Nuclear Safety

Commission through the

competent ministry, to

provide materials

Article 34, disaster and disaster nuclear disaster and nuclear

paragraph 1 prevention disaster prevention

status of disasters status of nuclear disasters

(including the probability of

the occurrence of a nuclear

disaster)

emergency disaster control emergency response

measures measures

20

Article 40, disaster prevention measures to prevent nuclear

paragraph 2, emergency

item (ii) and

Article 42,

paragraph 2,

item (ii)

issuance and transmission transmission of a

of a forecast or a warning declaration of a nuclear

concerning disaster emergency situation and

other information regarding

a nuclear disaster

(including the probability of

the occurrence of a nuclear

disaster)

fire control, flood salvage

prevention, salvage

emergency disaster control emergency response

measures and disaster measures and measures for

recovery efforts restoration from nuclear

emergency

Article 46, disaster prevention measures to prevent nuclear

paragraph 1 emergency

disaster nuclear disaster

emergency disaster control emergency response

measures in the case of the measures

occurrence of a disaster

Article 46, disaster prevention measures to prevent nuclear

paragraph 2 emergency

Article 47, for predicting or forecasting for promptly transmitting

paragraph 1 a disaster, or promptly information regarding a

transmitting information nuclear disaster

regarding a disaster

Article 48, A person in charge of A person in charge of

paragraph 1 disaster prevention disaster prevention

(including a nuclear

operator)

a disaster prevention plan a disaster prevention plan

or a nuclear operator

emergency action plan

(which means the nuclear

operator emergency action

plan under the provisions of

Article 7, paragraph 1 of the

Act on Special Measures

Concerning Nuclear

Emergency Preparedness;

the same shall apply in

paragraph 3)

21

Article 48, a person in charge of a person in charge of

paragraph 3 disaster prevention disaster prevention

(including a nuclear

operator)

a disaster prevention plan a disaster prevention plan

and and a nuclear operator

emergency action plan, and

Article 48, A person in charge of A person in charge of

paragraph 4 disaster prevention disaster prevention

(including a nuclear

operator)

Article 49 emergency disaster control emergency response

measures or disaster measures or measures for

recovery efforts restoration from nuclear

emergency

Article 51 disasters nuclear disasters

Article 52, for issuing and transmitting for transmitting a

paragraph 1 an alarm with regard to a declaration of a nuclear

disaster, giving a warning emergency situation

Article 53, disaster nuclear disaster

paragraphs 1 to

4 inclusive

Article 53, disaster nuclear disaster

paragraph 5

Article 55 When a prefectural governor When a prefectural governor

has, pursuant to the has received an instruction

provisions of laws and under the provisions of

regulations, received notice Article 15, paragraph 3 or

of a forecast or an alarm Article 20, paragraph 3 of

with regard to a disaster the Act on Special Measures

from the Japan Concerning Nuclear

Meteorological Agency or Emergency Preparedness, ...

any other State pursuant to the provisions

organization, or has issued of a regional disaster

an alarm with regard to a prevention plan

disaster him/herself, ...

pursuant to the provisions

of laws and regulations or a

regional disaster prevention

plan

anticipated disaster measures pertaining to said

situation and measures to instruction

be taken against that

22

Article 56 When a prefectural governor When a prefectural governor

has, pursuant to the has received an instruction

provisions of laws and under the provisions of

regulations, received notice Article 15, paragraph 3 or

of a forecast or an alarm Article 20, paragraph 3 of

with regard to a disaster, the Act on Special Measures

has become aware of a Concerning Nuclear

forecast or an alarm with Emergency Preparedness,

regard to a disaster

him/herself, or has,

pursuant to the provisions

of laws and regulations,

issued an alarm with regard

to a disaster him/herself,

forecast or alarm instruction

anticipated disaster nuclear disaster (including

the probability of the

occurrence of a nuclear

disaster)

Article 67, disaster nuclear disaster (including

paragraph 1, the probability of the

Article 68, occurrence of a nuclear

paragraphs 1 disaster)

and 2, and

Article 69

Article 71, disaster nuclear disaster (including

paragraph 1 the probability of the

occurrence of a nuclear

disaster)

Article 50, paragraph 1, Article 26, paragraph 1,

items (iv) to (ix) inclusive items (ii) to (viii) inclusive

of the Act on Special

Measures Concerning

Nuclear Emergency

Preparedness

Article 73, In the case of the occurrence In the case of the occurrence

paragraph 1 of a disaster, ... said of a nuclear disaster

disaster (including the probability of

the occurrence of a nuclear

disaster; the same shall

apply in this paragraph), ...

said nuclear disaster

Article 74, disaster nuclear disaster (including

paragraph 1 and the probability of the

Article 75 occurrence of a nuclear

disaster)

Article 78, disaster nuclear disaster (including

paragraph 1 the probability of the

occurrence of a nuclear

disaster)

23

Article 50, paragraph 1, Article 26, paragraph 1,

items (iv) to (ix) inclusive items (iv) to (viii) inclusive

of the Act on Special

Measures Concerning

Nuclear Emergency

Preparedness

Article 79 disaster nuclear disaster (including

the probability of the

occurrence of a nuclear

disaster)

Article 84, a Self-Defense official of a a Self-Defense official of a

paragraph 1 unit, etc. ordered to serve in unit, etc. ordered to serve in

a disaster relief operation a nuclear disaster relief

operation, etc.

Article 86, disaster nuclear disaster (including

paragraphs 1 the probability of the

and 2 occurrence of a nuclear

disaster)

Article 88, a disaster recovery project measures for restoration

paragraph 1 from nuclear emergency

expenses for a disaster expenses required for

recovery project measures for restoration

from nuclear emergency

Article 89 expenses for a disaster expenses required for

recovery project measures for restoration

from nuclear emergency

a disaster recovery project measures for restoration

from nuclear emergency

Article 90 a disaster recovery project measures for restoration

from nuclear emergency

Article 91 disaster prevention and measures to prevent nuclear

emergency disaster control emergency and emergency

measures response measures

Article 94 emergency disaster control emergency response

measures measures

Article 95 an instruction given by the an instruction given by the

director-general of the Prime Minister pursuant to

headquarters for Article 15, paragraph 3 of

extraordinary disaster the Act on Special Measures

control under the provisions Concerning Nuclear

of Article 28, paragraph 2 or Emergency Preparedness or

an instruction given by the an instruction given by the

director general of the director-general of the

headquarters for emergency nuclear emergency response

disaster control under the headquarters pursuant to

provisions of Article 28-6, Article 20, paragraph 3 of

paragraph 2 said Act

24

Article 96 disaster recovery projects measures for restoration

and other projects from nuclear emergency

implemented in connection

with a disaster

Article 100, Disaster nuclear disaster

paragraph 1

Article 102, Disaster nuclear disaster (including

paragraph 1 the probability of the

occurrence of a nuclear

disaster)

Article 102, disaster prevention, measures to prevent nuclear

paragraph 1, emergency disaster control emergency, emergency

item (ii) measures or disaster response measures or

recovery efforts measures for restoration

from nuclear emergency

Article 104 disaster nuclear disaster (including

the probability of the

occurrence of a nuclear

disaster)

Article 113 Article 71, paragraph 1 Article 71, paragraph 1

(including the cases where

it is applied by replacing the

term and phrase pursuant

to the provisions of Article

28, paragraph 1 of the Act

on Special Measures

Concerning Nuclear

Emergency Preparedness)

paragraph 2 of said Article Article 71, paragraph 2

Article 78, paragraph 1 Article 78, paragraph 1

(including the cases where

it is applied by replacing the

term and phrase pursuant

to the provisions of Article

28, paragraph 1 of the Act

on Special Measures

Concerning Nuclear

Emergency Preparedness)

Article 115 including the cases ...; and including the cases

where it is applied by

replacing the term and

phrase pursuant to the

provisions of Article 28,

paragraph 1 of the Act on

Special Measures

Concerning Nuclear

Emergency Preparedness ...;

25

Article 116 Article 52, paragraph 1 Article 52, paragraph 1

(including the cases where

it is applied by replacing the

phrase pursuant to the

provisions of Article 28,

paragraph 1 of the Act on

Special Measures

Concerning Nuclear

Emergency Preparedness)

Article 73, paragraph 1 Article 73, paragraph 1

(including the cases where

it is applied by replacing the

phrase pursuant to the

provisions of Article 28,

paragraph 1 of the Act on

Special Measures

Concerning Nuclear

Emergency Preparedness)

(2) With regard to the application of the provisions of the Basic Act on Disaster

Control Measures, which are listed in the left-hand column of the following

table (including the cases where these provisions are applied by replacing the

terms and phrases pursuant to the provisions of Article 32, paragraph 2 of the

Act on the Prevention of Disasters in Petroleum Industrial Complexes and

Other Petroleum Facilities), during the period from the issuance of a

declaration of a nuclear emergency situation to the issuance of a declaration of

the cancellation of a nuclear emergency situation, the terms and phrases listed

in the middle column of the same table in these provisions shall be deemed to

be replaced with the terms and phrases listed in the right-hand column of the

same table.

Provision for Term or phrase Term or phrase to be used as

which a term or deemed to be replacement

phrase is replaced

deemed to be

replaced

Article 23, disaster prevention measures to prevent nuclear

paragraph 4 and emergency emergency (which means the

disaster control measures to prevent nuclear

measures emergency prescribed in Article 2,

item (vi) of the Act on Special

Measures Concerning Nuclear

Emergency Preparedness) and

emergency response measures

26

Article 23, disaster prevention measures to prevent nuclear

paragraph 6 or emergency emergency or emergency response

disaster control measures

measures

Article 58 when a disaster is when a declaration of a nuclear

likely to occur emergency situation has been

issued

fire services or flood fire services

prevention teams

Article 60, Where a disaster During the period from the issuance

paragraph 1 has occurred or is of a declaration of a nuclear

likely to occur, emergency situation to the issuance

of a declaration of the cancellation

of a nuclear emergency situation,

disaster nuclear disaster

disaster nuclear disaster (including the

probability of the occurrence of a

nuclear disaster)

eviction in order to eviction in order to evacuate the

evacuate the area area or to take shelter

Article 60, eviction in order to eviction in order to evacuate the

paragraph 2 evacuate area or to take shelter

place to which place to which residents, visitors

residents, visitors and other persons shall be moved or

and other persons evacuated

shall be moved

Article 60, eviction in order to eviction in order to evacuate the

paragraph 3 evacuate area or to take shelter

place to which place to which residents, visitors

residents, visitors and other persons shall be moved or

and other persons evacuated

shall be moved

prefectural governor director-general of the nuclear

emergency response headquarters

and the relevant prefectural

governor

Article 60, Where a disaster Where a declaration of a nuclear

paragraph 5 pertaining to the emergency situation pertaining to

area of a prefecture the area of a prefecture has been

has occurred, when issued, when a municipality no

a municipality no longer has the ability to conduct the

longer has the whole or most of its affairs due to

ability to conduct the occurrence of a nuclear disaster

the whole or most of (including the probability of the

its affairs due to the occurrence of a nuclear disaster)

occurrence of said pertaining to said declaration of a

disaster, nuclear emergency situation,

27

Article 60, publicly notify to publicly notify and promptly report

paragraph 6 that effect to the director-general of the

nuclear emergency response

headquarters to that effect

Article 61, eviction in order to eviction in order to evacuate the

paragraphs 1 evacuate area or to take shelter

and 2

Article 62, When a disaster During the period from the issuance

paragraph 1 pertaining to the of a declaration of a nuclear

area of a emergency situation pertaining to

municipality has the area of a municipality to the

occurred or is just issuance of a declaration of the

about to occur, cancellation of a nuclear emergency

situation,

fire fighting, flood fire fighting, rescue and other

prevention, rescue emergency responses necessary for

and other preventing the progression

emergency (expansion) of a nuclear disaster

responses necessary (including the probability of the

for preventing the occurrence of a nuclear disaster)

occurrence or

progression

(expansion) of a

disaster

Article 62, When a disaster During the period from the issuance

paragraph 2 pertaining to the of a declaration of a nuclear

area of a emergency situation pertaining to

municipality has the area of a municipality to the

occurred or is just issuance of a declaration of the

about to occur, cancellation of a nuclear emergency

situation,

Article 63, Where a disaster During the period from the issuance

paragraph 1 has occurred or is of a declaration of a nuclear

just about to occur, emergency situation to the issuance

of a declaration of the cancellation

of a nuclear emergency situation,

emergency disaster emergency response measures

control measures

Article 63, Article 83, Article 83, paragraph 2 or Article

paragraph 3 paragraph 2 83-3

a Self-Defense a Self-Defense official of a unit, etc.

official of a unit, etc. ordered to serve in a nuclear

ordered to serve in a disaster relief operation, etc.

disaster relief

operation

28

Article 64, When a disaster During the period from the issuance

paragraph 1 pertaining to the of a declaration of a nuclear

area of a emergency situation pertaining to

municipality has the area of a municipality to the

occurred or is just issuance of a declaration of the

about to occur, cancellation of a nuclear emergency

situation,

Article 64, When a disaster During the period from the issuance

paragraph 2 pertaining to the of a declaration of a nuclear

area of a emergency situation pertaining to

municipality has the area of a municipality to the

occurred or is just issuance of a declaration of the

about to occur, cancellation of a nuclear emergency

situation,

disaster nuclear disaster (including the

probability of the occurrence of a

nuclear disaster)

Article 64, a Self-Defense a Self-Defense official of a unit, etc.

paragraphs 8 official of a unit, etc. ordered to serve in a nuclear

and 9 ordered to serve in a disaster relief operation, etc.

disaster relief

operation

Article 65, Where a disaster During the period from the issuance

paragraph 1 pertaining to the of a declaration of a nuclear

area of a emergency situation pertaining to

municipality has the area of a municipality to the

occurred or is just issuance of a declaration of the

about to occur, cancellation of a nuclear emergency

situation,

when he/she when he/she finds ..., unless a

finds ..., nuclear disaster is likely to be

progressed (expanded) thereby,

Article 65, a Self-Defense a Self-Defense official of a unit, etc.

paragraph 3 official of a unit, etc. ordered to serve in a nuclear

ordered to serve in a disaster relief operation, etc.

disaster relief

operation

Article 70, When a disaster During the period from the issuance

paragraphs 1 pertaining to the of a declaration of a nuclear

and 2 area of a prefecture emergency situation pertaining to

has occurred or is the area of a prefecture to the

just about to occur, issuance of a declaration of the

cancellation of a nuclear emergency

situation,

29

Article 76, Where a disaster During the period from the issuance

paragraph 1 pertaining to the of a declaration of a nuclear

area of a prefecture emergency situation pertaining to

or a neighboring or the area of a prefecture or a

adjacent prefecture neighboring or adjacent prefecture

thereof has occurred thereof to the issuance of a

or is just about to declaration of the cancellation of a

occur, nuclear emergency situation,

emergency disaster emergency response measures

control measures

Article 76-3, emergency disaster emergency response measures

paragraph 1 control measures

Article 76-3, a Self-Defense a Self-Defense official of a unit, etc.

paragraph 3 official of a unit, etc. ordered to serve in a nuclear

ordered to serve in a disaster relief operation, etc.

disaster relief

operation

emergency disaster emergency response measures

control measures

Article 76-3, emergency disaster emergency response measures

paragraph 4 control measures

Article 76-3, a Self-Defense a Self-Defense official of a unit, etc.

paragraph 6 official of a unit, etc. ordered to serve in a nuclear

ordered to serve in a disaster relief operation, etc.

disaster relief

operation

Article 76-4 emergency disaster emergency response measures

control measures

Article 77, When a disaster has During the period from the issuance

paragraph 1 and occurred or is just of a declaration of a nuclear

Article 80, about to occur, emergency situation to the issuance

paragraph 1 of a declaration of the cancellation

of a nuclear emergency situation,

Article 114 Article 76, Article 76, paragraph 1 (including

paragraph 1 the cases where it is applied by

replacing the term and phrase

pursuant to the provisions of Article

28, paragraph 2 of the Act on

Special Measures Concerning

Nuclear Emergency Preparedness )

Article 116 Article 63, Article 63, paragraph 1 (including

paragraph 1 the cases where it is applied by

replacing the term and phrase

pursuant to the provisions of Article

28, paragraph 2 of theAct on Special

Measures Concerning Nuclear

Emergency Preparedness;

hereinafter the same shall apply in

this item)

30

paragraph 3 of said paragraph 3 of said Article

Article, (including the cases where it is

applied by replacing the phrases

pursuant to the provisions of Article

28, paragraph 2 of the Act on

Special Measures Concerning

Nuclear Emergency Preparedness)

paragraph 1 of said Article 63, paragraph 1

Article

a Self-Defense a Self-Defense official of a unit, etc.

official of a unit, etc. ordered to serve in a nuclear

ordered to serve in a disaster relief operation, etc.

disaster relief

operation

(3) With regard to the application of the provisions of the Basic Act on Disaster

Control Measures, which are listed in the left-hand column of the following

table, after the issuance of a declaration of a nuclear emergency situation, the

terms and phrases listed in the middle column of the same table in these

provisions shall be deemed to be replaced with the terms and phrases listed in

the right-hand column of the same table.

Provision for Term or phrase Term or phrase to be used as

which a term or deemed to be replacement

phrase is replaced

deemed to be

replaced

Article 14, in the case where a in the case where a declaration of a

paragraph 2, disaster pertaining nuclear emergency situation (which

item (ii) to the area of the means the declaration of a nuclear

relevant prefecture emergency situation under the

has occurred, provisions of Article 15, paragraph

collecting 2 of the Act on Special Measures

information Concerning Nuclear Emergency

regarding said Preparedness; the same shall apply

disaster hereinafter) pertaining to the area

of the relevant prefecture has been

issued, collecting information

regarding the relevant nuclear

disaster (including the probability

of the occurrence of a nuclear

disaster)

31

Article 14, in the case where a in the case where a declaration of a

paragraph 2, disaster pertaining nuclear emergency situation

item (iii) to the area of the pertaining to the area of the

relevant prefecture relevant prefecture has been

has occurred, ... issued, ... with regard to emergency

with regard to response measures (which means

emergency disaster the emergency response measures

control measures prescribed in Article 2, item (v) of

and disaster the Act on Special Measures

recovery efforts Concerning Nuclear Emergency

pertaining to said Preparedness; the same shall apply

disaster hereinafter) and measures for

restoration from nuclear emergency

(which means the measures for

restoration from nuclear emergency

prescribed in item (vii) of said

Article) pertaining to said

declaration of a nuclear emergency

situation

Article 29, emergency disaster emergency response measures or

paragraph 1 control measures or measures for restoration from

disaster recovery nuclear emergency

efforts

Article 29, emergency disaster emergency response measures or

paragraph 2 control measures or measures for restoration from

disaster recovery nuclear emergency

efforts

the head of a the head of a designated

designated local administrative organ or the head of

administrative a designated local administrative

organ organ

officials of said officials of said designated

designated local administrative organ or designated

administrative local administrative organ

organ

Article 30, emergency disaster emergency response measures or

paragraphs 1 control measures or measures for restoration from

and 2, Article disaster recovery nuclear emergency

32, paragraph 1 efforts

and Article 33

Article 109, emergency disaster emergency response measures or

paragraph 1, control measures or measures for restoration from

item (ii) disaster recovery nuclear emergency

efforts

(4) The provisions of Article 87 and Article 88, paragraph 2 of the Basic Act on

Disaster Control Measures shall not apply to a nuclear disaster.

(5) During the period from the issuance of a declaration of a nuclear emergency

situation to the issuance of a declaration of the cancellation of a nuclear

32

emergency situation, the provisions of Articles 50, 54, 59 and 66 of the Basic

Act on Disaster Control Measures shall not apply to a nuclear emergency

situation pertaining to said declaration of a nuclear emergency situation.

(6) The head of a local government who implements emergency response

measures or measures for restoration from nuclear emergency may request the

head of a designated administrative organ or the head of a designated local

administrative organ for the necessary assistance for preventing a radiation

hazard to human bodies, giving advice concerning a diagnosis and medical

treatment and implementing other emergency response measures or measures

for restoration from nuclear emergency, in addition to assistance under the

provisions of Article 29, paragraph 1 or 2 or Article 30, paragraph 1 of the

Basic Act on Disaster Control Measures applied by replacing the terms and

phrases pursuant to the provisions of paragraph 2.

(Promotion of Research on Nuclear Disasters)

Article 29 The State shall promote scientific research and development

concerning the securing of nuclear safety, prevention of the occurrence of a

nuclear disaster, and prevention of a nuclear hazard, and endeavor to

disseminate the results thereof.

(Senior Specialist for Nuclear Emergency Preparedness)

Article 30 (1) Senior specialists for nuclear emergency shall be allocated to the

Ministry of Education, Culture, Sports, Science and Technology and the

Ministry of Economy, Trade and Industry.

(2) A senior specialist for nuclear emergency preparedness shall, in addition to

giving guidance and advice concerning the preparation of a nuclear operator

emergency action plan under Article 7, paragraph 1, establishment of an on-

site organization for nuclear emergency preparedness under Article 8,

paragraph 1 or other measures to prevent nuclear emergency implemented by a

nuclear operator with regard to a nuclear site that has been designated by the

Minister of Education, Culture, Sports, Science and Technology or the Minister

of Economy, Trade and Industry as a nuclear site of which said senior

specialist for nuclear emergency preparedness should take charge, collect

information necessary for understanding the situation, give advice concerning

the collection of information and emergency responses implemented by a local

government and perform any other duties necessary to smoothly implement the

prevention of the occurrence or progression (expansion) of a nuclear disaster in

the case where there has been a notification under the provisions of the first

sentence of Article 10, paragraph 1.

(Collection of Report)

33

Article 31 The competent minister, the competent prefectural governor, the

competent mayor of a municipality or the related neighboring prefectural

governors may, within the limit necessary for the enforcement of this Act, have

a nuclear operator report on its duties pursuant to the provisions of a Cabinet

Order.

(Inspection)

Article 32 (1) The competent minister, the competent prefectural governor, the

competent mayor of a municipality or the related neighboring prefectural

governors may, within the limit necessary for the enforcement of this Act, have

his/her officials enter a nuclear site, and have them inspect the facilities, books

and documents and other necessary items of a nuclear operator pertaining to

said nuclear site or question the persons concerned.

(2) When an official enters a nuclear site pursuant to the provisions of preceding

paragraph, he/she shall carry a certificate for identification and produce it to

the persons concerned if requested by them.

(3) The authority under the provisions of paragraph 1 shall not be construed as

that recognized for criminal investigation.

(Fee)

Article 33 A person or an organization that intends to undergo an inspection

under the provisions of Article 11, paragraph 5 shall pay a fee pursuant to the

provisions of a Cabinet Order.

(Competent Minister, etc.)

Article 34 (1) The competent minister as mentioned in this Act (excluding Article

10, Article 15, paragraph 1, Article 17, paragraph 4, Article 20, paragraph 2,

Article 25, paragraph 2, Article 31, Article 32 and Article 37) shall be a

minister specified in each of the following items according to the classification

of matters listed in each of said items:

(i) matters relating to a person or an organization listed in any of (a), (c), (d)

and (e) of Article 2, item (iii) and a person or an organization listed in (b) of

said item who has obtained permission for the establishment of a reactor

listed in Article 23, paragraph 1, items (i) and (iv) of the Reactor Regulation

Act, and a nuclear site of such a person or an organization: Minister of

Economy, Trade and Industry;

(ii) matters relating to a person or an organization listed in Article 2, item (iii)

(b) that has obtained permission for the establishment of a reactor listed in

Article 23, paragraph 1, items (iii) and (v) of the Reactor Regulation Act and

a person or an organization listed in Article 2, item (iii) (f), and a nuclear site

of such a person or an organization: Minister of Education, Culture, Sports,

34

Science and Technology.

(2) The competent minister as mentioned in the provisions of Article 10, Article

15, paragraph 1, Article 17, paragraph 4, Article 20, paragraph 2 and Article

25, paragraph 2 shall be a minister specified in each of the following items

according to the classification of matters listed in each of said items:

(i) a nuclear emergency situation or other event resulting from the operation of

the reactor, etc. by a nuclear operator prescribed in item (i) of the preceding

paragraph: Minister of Economy, Trade and Industry (for an event resulting

from transport outside the nuclear site, the Minister of Economy, Trade and

Industry and the Minister of Land, Infrastructure and Transport);

(ii) a nuclear emergency situation or other event resulting from the operation

of the reactor, etc. by a nuclear operator prescribed in item (ii) of the

preceding paragraph: Minister of Education, Culture, Sports, Science and

Technology (for an event resulting from transport outside the nuclear site,

the Minister of Education, Culture, Sports, Science and Technology and the

Minister of Land, Infrastructure and Transport).

(3) The competent minister as mentioned in the provisions of Article 31, Article

32 and Article 37 shall be the Minister of Education, Culture, Sports, Science

and Technology, the Minister of Economy, Trade and Industry and the Minister

of Land, Infrastructure and Transport.

(4) The ordinance of the competent ministry as referred to in this Act shall be an

order issued by the competent minister specified in each item of paragraph 1

(for the ordinance of the competent ministry pursuant to Article 10, paragraph

1, each item of paragraph 2) according to the classification listed in each item

of said paragraph.

Article 35 Deleted

(Application of This Act to a Special Ward)

Article 36 With regard to the application of this Act, a special ward shall be

deemed to be a city.

(Opinions of the Nuclear Safety Commission)

Article 37 The competent minister shall, when he/she intends to establish or

revise or abolish a Cabinet Order under Article 10, paragraph 1 or Article 15,

paragraph 1, hear in advance the opinions of the Nuclear Safety Commission.

(Delegation to a Cabinet Order)

Article 38 In addition to what is provided for in this Act, procedures for the

implementation of this Act and other matters necessary for the enforcement of

this Act shall be specified by a Cabinet Order.

35

(Exclusion from Application to the State)

Article 39 The provisions of Article 33 and the next Chapter shall not apply to

the State.

Chapter VII Penal Provisions

Article 40 A person or an organization that has violated any order under the

provisions of Article 7, paragraph 4, Article 8, paragraph 5, Article 9,

paragraph 7 or Article 11, paragraph 6 shall be punished by imprisonment

with work for not more than one year or a fine of not more than one million yen,

or both.

Article 41 A person or an organization that falls under any of the following items

shall be punished by a fine of not more than three hundred thousand yen:

(i) a person or an organization that has failed to give a notification under the

provisions of Article 7, paragraph 3, the first sentence of Article 8, paragraph

4, Article 9, paragraph 5 or Article 11, paragraph 3, or has given a false

notification;

(ii) a person or an organization that, in violation of the provisions of the first

sentence of Article 10, paragraph 1, has failed to give a notification;

(iii) a person or an organization that, in violation of the provisions of Article 11,

paragraph 7, has failed to record the result of the measurement of a

radiation dose, or has recorded a false result;

(iv) a person or an organization that, in violation of the provisions of Article 12,

paragraph 4, has failed to submit documents;

(v) a person or an organization that has failed to make a report under the

provisions of Article 31, or has made a false report;

(vi) a person or an organization that has refused, obstructed, or avoided an

entry or an inspection under the provisions of Article 32, paragraph 1, or has

failed to make a statement or has made a false statement in response to the

questioning under the provisions of said paragraph.

Article 42 When a representative person of a corporate organization or an agent,

employee or other worker of a corporate organization or an individual has

committed the act of violating either of the preceding two Articles with regard

to the business of said corporate organization or individual, not only the

offender shall be punished but also said corporate organization or individual

shall be punished by the fine prescribed in the respective Articles.

36