Basic Act on Disaster Management

A plan related to disaster management or the portion bearing on disaster management in any plan related to disaster management listed below, which is formulated or deliberated on by the prefecture as provided for under other laws and regulations, may not be inconsistent with or in conflict with the basic disaster management plan, any disaster management operation plan, or any prefectural area disaster management plan:

a prefectural flood prevention plan prescribed in Article 7, paragraphs (1) and (6) of the Flood Prevention Act (Act No. 193 of 1949) and a flood prevention plan of a designated control agency prescribed in Article 33, paragraph (1) of the Act;

a remote island development plan prescribed in Article 4, paragraph (1) of the Remote Islands Development Act (Act No. 72 of 1953);

a basic plan for preservation of coastal areas provided for under Article 2-3, paragraph (1) of the Coast Act (Act No. 101 of 1956);

a basic construction plan for prevention of landslides prescribed in Article 9 of the Landslide Prevention Act (Act No. 30 of 1958);

an evacuation facilities emergency development plan prescribed in Article 14, paragraph (1) of the Act on Special Measures for Active Volcanoes (Act No. 61 of 1973), any disaster management agricultural business facilities development plan prescribed in Article 19, paragraph (1) of the same Act, any disaster management forestry business facilities development plan prescribed in paragraph (2) of the same Article, and any disaster management fishing business facilities development plan prescribed in paragraph (3) of the same Article;

a plan for an urgent improvement project for earthquake countermeasures prescribed in Article 2, paragraph (1) of the Act on Special Fiscal Measures concerning Urgent Improvement Project for Earthquake Countermeasures in Areas under Intensified Measures against Earthquake Disaster (Act No. 63 of 1980);

a plan to promote peninsulas prescribed in Article 3, paragraph (1) of the Act on Promotion of Peninsulas (Act No. 63 of 1985);

beyond what is set forth in each of the preceding items, any other plan provided for by Cabinet Order.

The municipal disaster management council (in a municipality where a municipal disaster management council is not established, the mayor of that municipality; hereinafter the same applies in this Article) must formulate a municipal area disaster management plan concerning an area of the relevant municipality, review it every year, and revise it when found necessary in accordance with the basic disaster management plan. In this case, the relevant municipal area disaster management plan must not conflict with the disaster management operation plan or the prefectural area disaster management plan of the prefecture including the relevant municipality.

A municipal area disaster management plan is to provide for the following matters in general:

general outline of affairs or operations relating to disaster management concerning an area of the relevant municipality to be handled by the relevant municipality and public organizations or the administrators of facilities important for disaster management within the area of the relevant municipality (referred to as "the relevant municipality, etc." in paragraph (4));

plans by category of operations concerning an area of the relevant municipality: creation or improvement of disaster management facilities, investigation and research for disaster management, education, drills, and other disaster prevention, gathering and transmission of information, issuance and transmission of forecasts and alarms related to disaster, evacuation, fire-fighting, flood prevention, rescue, aid, sanitation, and other emergency disaster control measures, and recovery and reconstruction.

plans for development, stockpiling, procurement, distribution, transportation, and communication with reference to labor, facilities, equipment, goods, funds, etc., required for measures relating to disaster involving an area of the relevant municipality, as set forth in the preceding item.

A municipal area disaster management plan may, in addition to what is set forth in each item of the preceding paragraph, provide for plans for disaster reduction drills jointly conducted by residents of a certain district within the municipality and business operators that have business places in that district (hereinafter referred to as "district residents, etc." in this paragraph and the following Article), storage of goods and materials necessary for disaster management activities by district residents, etc., mutual support among district residents, etc. in the event of a disaster, and other disaster management activities in that district (referred to as "district disaster management plan" in the following Article), and for the basic direction of cooperation with public organizations or private groups that is necessary for the smooth implementation of emergency disaster control measures or recovery and reconstruction.

In deciding the municipal area disaster management plan, the municipal disaster management council is to take necessary considerations to enable the municipality, etc. to receive support from others smoothly or support others when a disaster has occurred or is likely to occur.

When the municipal disaster management council has formulated or revised a municipal area disaster management plan pursuant to the provisions of paragraph (1), the council must promptly report it to the prefectural governor and release to the public an outline of that plan or revision.

When the prefectural governor has received a report on the municipal area disaster management plan pursuant to the provisions of the preceding paragraph, that governor is to consult the prefectural disaster management council and may provide necessary advice or recommendations to that municipal disaster management council when found necessary.

The provisions of Article 21 apply mutatis mutandis to the formulation or revision of a municipal area disaster management plan by the mayor of a municipality, pursuant to the provisions of paragraph (1).

District residents, etc. may jointly make a proposal to the municipal disaster management council to add the district disaster management plan to the municipal area disaster management plan. In this case, the draft plan of the district disaster management plan concerning that proposal must be attached.

The proposal under the preceding paragraph (hereinafter referred to as "plan proposal" in this Article) is to be made as provided for by Disaster Management Agency Order, provided the content of the draft plan of the district disaster management plan concerning that plan proposal does not conflict with the municipal area disaster management plan.

When a plan proposal is made, the municipal disaster management council must judge without delay whether it is necessary to add the district disaster management plan to the municipal area disaster management plan based on the relevant plan proposal, and when found necessary, that council must add the district disaster management plan to the municipal area disaster management plan.

When the municipal disaster management council, as a result of judgment of the preceding paragraph pursuant to the provisions of the preceding paragraph, decides that it is not necessary to add the district disaster management plan to the municipal area disaster management plan based on the relevant plan proposal, that council must notify without delay district residents, etc. who made the relevant plan proposal to that effect and the reason therefor.

In cases where the district disaster management plan has been added to the municipal area disaster management plan, district residents, etc. related to the relevant district disaster management plan must endeavor to implement disaster management activities in accordance with the relevant district disaster management plan.

The joint committee of prefectural disaster management councils must formulate a multi-prefecture mutual area disaster management plan concerning that area, review it every year, and revise it when found necessary in accordance with the basic disaster management plan. In this case, that multi-prefecture mutual area disaster management plan must not conflict with the disaster management operation plan.

A multi-prefecture mutual area disaster management plan is to provide for all or some of the matters set forth in each item of Article 40, paragraph (2).

The provisions of Article 40, paragraphs (4) through (6) apply mutatis mutandis to the multi-prefecture mutual area disaster management plan. In this case, the term "prefectural disaster management council" in these provisions is deemed to be replaced with "joint committee of prefectural disaster management councils".

The joint committee of municipal disaster management councils must formulate a multi-municipality area disaster management plan concerning that area, review it every year, and revise it when found necessary in accordance with the basic disaster management plan. In this case, the relevant multi-municipality area disaster management plan must not conflict with the disaster management operation plan or the prefectural area disaster management plan of the prefecture including the relevant municipality.

A multi-municipality area disaster management plan is to provide for all or some of the matters set forth in each item of Article 42, paragraph (2).

The provisions of Article 42, paragraphs (4) through (6) inclusive apply mutatis mutandis to the multi-municipality area disaster management plan. In this case, the term "municipal disaster management council" in these provisions is deemed to be replaced with "joint committee of municipal disaster management councils".

When the chairperson of a local disaster management council or the representative of a joint committee of local disaster management councils finds it necessary for the accurate and smooth implementation of an area disaster management plan, that chairperson or representative may make necessary requests or recommendations or provide instructions to the parties listed below with respect to any affairs or operations that they must handle in accordance with the disaster management plan: in the case of the prefectural disaster management council or a joint committee of prefectural disaster management councils, the head of a designated local administrative organ having jurisdiction over the area of that prefecture, in whole or in part, the governor or any other executive agency of the prefecture, the mayors or any other executive agencies of municipalities in that prefecture, designated local public corporations, any public organization, and administrators of facilities important for disaster management, and other parties concerned within the area; in the case of a municipal disaster management council or a joint committee of municipal disaster management councils, the mayor and any other executive agency of the municipality, any public organizations within the area of the municipality, and administrators of facilities important for disaster management, and other parties concerned.

The chairperson of a local disaster management council or the representative of a joint committee of local disaster management councils may ask the parties listed below for a report or data on the implementation status of an area disaster management plan: in the case of the prefectural disaster management council or a joint committee of prefectural disaster management councils, the head of a designated local administrative organ having jurisdiction over the area of that prefecture in whole or in part, the prefecture, the mayors or any other executive agencies of municipalities in that prefecture, designated local public corporations, any public organization, and administrators of facilities important for disaster management, and other parties concerned within the area; in the case of a municipal disaster management council or a joint committee of municipal disaster management councils, the mayor or any other executive agency of the municipality, any public organization within the area of the municipality, and administrators of facilities important for disaster management, or other parties concerned.