Published: 2006
Key Benefits:
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.
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