Basic Act on Disaster Management

In cases where a disaster involving an area of a prefecture has occurred or is likely to occur, when the prefectural governor finds it necessary for the promotion of disaster management, the governor may establish a prefectural disaster management headquarters pursuant to the provisions of a prefectural area disaster management plan.

The prefectural disaster management headquarters is headed by a chairperson, and the prefectural governor serves as chairperson.

An assistant chairperson, headquarters members and other officials are assigned to the prefectural disaster management headquarters, and they are appointed by the relevant prefectural governor from among officials of the relevant prefecture.

The prefectural disaster management headquarters perform the following affairs pursuant to the provisions of the prefectural area disaster management plan:

gathering of information relating to disaster involving an area of the relevant prefecture;

formulation of a policy to accurately and promptly implement disaster prevention and emergency disaster control measures concerning an area of the relevant prefecture, and implementation of disaster prevention and emergency disaster control measures in line with that policy;

concerning disaster prevention and emergency disaster control measures concerning an area of the relevant prefecture, liaison and coordination are to be held with the relevant prefecture, relevant designated local administrative organs, relevant local governments, relevant designated public corporations, and relevant designated local public corporations.

The prefectural governor may, pursuant to the provisions of a prefectural area disaster management plan, establish on-site prefectural disaster management headquarters within the prefectural disaster management headquarters as an organization to carry out part of the affairs of the relevant prefectural disaster management headquarters within the site of the disaster area.

The chairperson of the prefectural disaster management headquarters may give to the prefectural police or the prefectural board of education necessary instructions, to the extent necessary for the implementation of disaster prevention or emergency disaster control measures concerning an area of the relevant prefecture.

When the chairperson of the prefectural disaster management headquarters finds it necessary for the accurate and prompt implementation of disaster prevention or emergency disaster control measures concerning an area of the relevant prefecture, that chairperson may seek the provision of materials or information, expression of opinions, or other necessary cooperation from the head of a relevant administrative organ, the head of a relevant local administrative organ, the head or any other executive agency of a local government, designated public corporations and designated local public corporations, organizations cooperating in support of disaster victims prescribed in Article 33-2, paragraph (1) that have received registration from the Prime Minister pursuant to the provisions of that paragraph (hereinafter referred to as "registered organizations cooperating in support of disaster victims"), or other parties concerned.

Beyond what is provided for in each of the preceding paragraphs, other necessary matters of the prefectural disaster management headquarters are prescribed by a prefectural ordinance.

In cases where a disaster involving an area of a municipality has occurred or is likely to occur, when the mayor of a municipality finds it necessary for the promotion of disaster management, that mayor may establish municipal disaster management headquarters pursuant to the provisions of a municipal area disaster management plan.

The municipal disaster management headquarters is headed by a chairperson, and the mayor serves as chairperson.

An assistant chairperson, headquarters members and other officials are assigned to the municipal disaster management headquarters, and they are appointed by the mayor of the relevant municipality from among officials of the relevant municipality or the fire chief having jurisdiction over the area of the relevant municipality or firefighters appointed by that chief.

The municipal disaster management headquarters perform the following affairs pursuant to the provisions of the municipal area disaster management plan. In this case, the municipal disaster management headquarters must endeavor to ensure coordination with relevant designated local administrative organs, relevant local governments, relevant designated public corporations, and relevant designated local public corporations if necessary.

Gathering of information relating to disaster involving an area of the relevant municipality.

Formulation of a policy to accurately and promptly implement disaster prevention and emergency disaster control measures concerning an area of the relevant municipality, and implementation of disaster prevention and emergency disaster control measures in line with that policy.

Pursuant to the provisions of a municipal area disaster management plan, the mayor of a municipality may establish on-site municipal disaster management headquarters within the municipal disaster management headquarters to function as an organization to carry out part of the affairs of the relevant municipal disaster management headquarters at the site of the disaster area.

The chairperson of the municipal disaster management headquarters may give necessary instructions to the board of education of the relevant municipality to the extent necessary for the implementation of disaster prevention or emergency disaster control measures concerning an area of the relevant municipality.

The provisions of paragraph (7) of the preceding Article apply mutatis mutandis to the chairperson of the municipal disaster management headquarters. In this case, the term "the relevant prefecture" in the same paragraph is deemed to be replaced with "the relevant municipality".

Beyond what is provided for in each of the preceding paragraphs, other necessary matters of the municipal disaster management headquarters are prescribed by a municipal ordinance.

In cases where a disaster (limited to one that is found not to fall within the scope of an extraordinary disaster in terms of its scale; hereinafter the same applies in this paragraph) has occurred or is likely to occur, and the disaster would cause an imminent danger to the lives or bodies of people and is found to incur a special necessity to pursue emergency disaster control measures in light of the conditions in the area affected by the disaster and other circumstances (hereinafter referred to as a "specified disaster"), the Prime Minister may temporarily establish a specified disaster management headquarters in the Disaster Management Agency, as an administrative organ that systematically constitutes its organization.

When a specified disaster management headquarters is established, the Prime Minister must immediately make a public notice of the name, area of jurisdiction, and location and term of establishment of the headquarters; when the headquarters is abolished, the Prime Minister must immediately make a public notice to that effect.

The specified disaster management headquarters is headed by a chairperson, and the chairperson is appointed from among the Minister for Disaster Management and other Ministers of State.

The chairperson of the specified disaster management headquarters directs the affairs of the headquarters and supervises the officials thereof.

An assistant chairperson, headquarters members, and other officials are assigned to the specified disaster management headquarters.

The assistant chairperson of the specified disaster management headquarters supports the chairperson of the headquarters, and in case the chairperson of the headquarters is incapacitated, the assistant chairperson performs duties on behalf of the chairperson. If there are two or more assistant chairpersons of the specified disaster management headquarters, they perform their duties according to the order decided by the chairperson of the headquarters in advance.

The assistant chairperson of the specified disaster management headquarters, headquarters members, and other officials are appointed by the Prime Minister from among officials of the Cabinet Secretariat, the Disaster Management Agency, or other designated administrative organs, or heads or officials of designated local administrative organs.

An On-site specified disaster management headquarters may be established within the specified disaster management headquarters to function as an organization to carry out part of the affairs of the specified disaster management headquarters as designated by the chairperson of the specified disaster management headquarters within the area of jurisdiction of the specified disaster management headquarters. In this case, the provisions of Article 156, paragraph (4) of the Local Autonomy Act (Act No. 67 of 1947) do not apply.

When an on-site specified disaster management headquarters is established pursuant to the provisions of the preceding paragraph, the Prime Minister must report it to the Diet.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the on-site specified disaster management headquarters.

A headquarters chairperson, headquarters members, and other officials are assigned to the on-site specified disaster management headquarters.

The chairperson of the On-site specified disaster management headquarters administers the affairs of the on-site specified disaster management headquarters under the orders of the chairperson of the specified disaster management headquarters.

The chairperson, members, and other officials of the on-site specified disaster management headquarters are appointed by the chairperson of the specified disaster management headquarters from among the assistant chairpersons, members, and other officials of the specified disaster management headquarters.

The specified disaster management headquarters takes charge of the following affairs:

matters concerning formulating a policy to implement emergency disaster control measures accurately and promptly;

matters concerning the overall coordination of emergency disaster control measures being taken under an appropriate disaster management plan within the area of jurisdiction of the headquarters by the head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations;

matters concerning the implementation of emergency measures in time of a specified disaster;

matters concerning affairs which are assigned pursuant to the provisions of Article 23-7 to the authority of the chairperson of the specified disaster management headquarters;

beyond what is provided for in each of the preceding items, any affairs that may be assigned to the authority of the headquarters by laws and regulations.

When a specified disaster management headquarters is established, the head of a designated administrative organ may delegate authority for emergency disaster control measures in whole or in part to the following headquarters members: officials of the designated administrative organ, or the head of the relevant designated local administrative organ or its officials.

When the head of a designated administrative organ has delegated authority under the preceding paragraph, that head must immediately make a public notice to that effect.

The chairperson of the specified disaster management headquarters may coordinate the exercise of authority by officials to whom authority was delegated pursuant to the provisions of the preceding Article, within the area of jurisdiction of the specified disaster management headquarters.

When the chairperson of the specified disaster management headquarters finds it particularly necessary for the accurate and prompt implementation of emergency disaster control measures within the area of jurisdiction of the headquarters, that chairperson may give necessary instructions to the head of a relevant designated local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations, to the extent necessary.

When the chairperson of the specified disaster management headquarters finds it necessary for the accurate and prompt implementation of emergency disaster control measures within the area of jurisdiction of the headquarters, that chairperson may seek the provision of materials or information, expression of opinions or other necessary cooperation from the head of a relevant administrative organ, the head of a relevant local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations, registered organizations cooperating in support of disaster victims, and any other parties concerned.

When an on-site specified disaster management headquarters is established, the chairperson of the specified disaster management headquarters may delegate part of the authority vested in the chairperson under the preceding three paragraphs to the chairperson of the on-site specified disaster management headquarters.

When the chairperson of the specified disaster management headquarters has delegated authority under the preceding paragraph, that chairperson must immediately make a public notice to that effect.

In cases where an extraordinary disaster has occurred or is likely to occur, when the Prime Minister finds a special necessity to pursue emergency disaster control measures concerning that disaster because of the dimensions of that disaster and other conditions, the Prime Minister may temporarily establish extraordinary disaster management headquarters within the Disaster Management Agency as an administrative organ systematically constituting its organization.

The provisions of Article 23-3, paragraph (2) apply mutatis mutandis to the extraordinary disaster management headquarters.

In cases where an extraordinary disaster management headquarters is established pursuant to the provisions of paragraph (1), when a specified disaster management headquarters concerning that disaster is already in existence, the relevant specified disaster management headquarters is abolished and the extraordinary disaster management headquarters succeeds to the function under the jurisdiction of the relevant specified disaster management headquarters.