Basic Act on Disaster Management

In cases where a disaster has occurred or is likely to occur, when the mayor of a municipality finds it particularly necessary for protecting people's lives and bodies from a disaster or for preventing the spread of a disaster, the mayor may give instructions to evacuate to take refuge to the residents, etc. for whom evacuation for refuge is found necessary in an area where evacuation for taking refuge is found necessary.

In cases where the mayor of a municipality finds it necessary for giving instructions for evacuation to take refuge pursuant to the provisions of the preceding paragraph, the mayor may give instructions indicating the designated emergency evacuation site or other evacuation sites as points to take refuge.

In cases where a disaster has occurred or is imminent, when the mayor of a municipality finds that evacuation for taking refuge is likely to rather put the lives or bodies of people at risk and finds urgency in light of the situation, the mayor may give instructions to the residents, etc. for whom these measures are found necessary in an area where these measures are found necessary to move to heights, take refuge in sturdy buildings nearby, retreat to a place inside a building away from openings facing the outdoors, or take other urgent measures to ensure safety (hereinafter referred to as "urgent measures to ensure safety").

When the mayor of a municipality, pursuant to the provisions of paragraph (1), has instructed evacuation for taking refuge, has specified the point to take refuge, or, pursuant to the provisions of the preceding paragraph, has instructed urgent measures to ensure safety, the mayor must promptly report to the prefectural governor to that effect.

When there is no longer the need for evacuation, the mayor of a municipality must immediately make a public notice to that effect. The provisions of the preceding paragraph apply mutatis mutandis to this case.

In cases where a disaster involving an area of a prefecture has occurred, when a municipality is unable to perform all or the majority of its affairs because of the occurrence of the disaster, the prefectural governor must implement on behalf of the mayor of the municipality all or a part of the measures to be implemented by the mayor of the municipality pursuant to the provisions of paragraphs (1) through (3) and the first sentence of the preceding paragraph.

When the prefectural governor has begun or completed the implementation of affairs on behalf of the mayor of the municipality pursuant to the provisions of the preceding paragraph, the governor must make a public notice to that effect.

Necessary matters related to the prefectural governor in acting on behalf of the mayor of the municipality under paragraph (6) are prescribed by Cabinet Order.

In the case referred to in the paragraph (1) or (3) of the preceding Article, when the mayor of a municipality finds it is unable to give instructions regarding evacuation for taking refuge or urgent measures to ensure safety prescribed in paragraph (1) of the same Article, or when there has been a request from the mayor, the police or coast guard officers may give instructions for evacuation for taking refuge or urgent measures to ensure safety to the residents, etc. for whom evacuation for taking refuge or these measures are found necessary in an area where evacuation for taking refuge or these measures are found necessary.

The provisions of the preceding Article, paragraph (2) apply mutatis mutandis to the case where the police or coast guard officers give instructions regarding the evacuation for taking refuge pursuant to the provisions of the preceding paragraph.

When the police or coast guard officers have given instruction for evacuation for taking refuge or urgent measures to ensure safety pursuant to the provisions of paragraph (1), they must immediately notify the mayor of a municipality to that effect.

The provisions of paragraphs (4) and (5) of the preceding Article apply mutatis mutandis to the mayor of a municipality who has received a notification prescribed in the preceding paragraph.

In cases where the mayor of a municipality finds it necessary to give instructions for evacuation for taking refuge pursuant to the provisions of Article 60, paragraph (1), or instructions for urgent measures to ensure safety pursuant to the provisions of the same Article, paragraph (3), the mayor may request the head of the designated administrative organ, the head of the designated local administrative organ, or the prefectural governor to give advice on the instructions. In this case, the head of the designated administrative organ, the head of the designated local administrative organ, or the prefectural governor who is requested to give advice is to give necessary advice related to the function under the official's jurisdiction.

The provisions of Article 57 apply mutatis mutandis to the case where the mayor of a municipality gives instructions regarding evacuation for taking refuge pursuant to the provisions of Article 60, paragraph (1), or gives instructions regarding urgent measures to ensure safety pursuant to the provisions of the same Article, paragraph (3) (including the case where the prefectural governor conducts affairs on behalf of the mayor of a municipality pursuant to the provisions of the same Article, paragraph (6)).

In cases where a disaster involving an area of a municipality is likely to occur, when the mayor of the municipality finds, in light of the anticipated condition of the disaster, that when the mayor gives instructions regarding evacuation for taking refuge as prescribed in Article 60, paragraph (1), it is difficult to use as the point of refuge the designated emergency evacuation site or other evacuation site of the municipality, and that it is necessary to have Residents, etc. stay in the area of another municipality for a certain period of time in order to protect the lives or bodies of the residents, etc. from the disaster, the mayor may consult with the mayor of that other municipality in the same prefecture about accepting the residents, etc.

When the mayor of a municipality conducts consultation under the preceding paragraph, the mayor must report to the prefectural governor to that effect in advance; provided, however, that if it is difficult to report it in advance, the mayor may report it without delay after the beginning of consultation.

In the case of paragraph (1), the mayor of a municipality who was consulted (hereinafter referred to as "consulted mayor" in this Article) is to accept the residents, etc. referred to in the same paragraph (hereinafter referred to as "people in need of evacuation") except in the case of just cause for not accepting people in need of evacuation. In this case, the consulted mayor must provide the accepted people in need of evacuation with a designated emergency evacuation site or other evacuation site in order to use it for their stay under the same paragraph (hereinafter referred to as "wide-area evacuation").

In the case referred to in the preceding paragraph, the consulted mayor must decide which evacuation site is to accept people in need of evacuation in the area of the municipality and immediately notify the person who will manage the evacuation site and any other person designated by Disaster Management Agency Order of the details.

When the consulted mayor has made a decision under the preceding paragraph, the consulted mayor must promptly notify the mayor who consulted with the consulted mayor pursuant to the provisions of paragraph (1) (hereinafter referred to as "consulting mayor" in this Article) of the details.

When the consulting mayor has received a notification under the preceding paragraph, the mayor must promptly make a public notice, notify the person designated by Disaster Management Agency Order, and make a report to the prefectural governor of the details.

When the consulting mayor finds it no longer necessary to implement wide-area evacuation, the mayor must promptly notify the consulted mayor and the person designated by Disaster Management Agency Order referred to in the preceding paragraph, make a public notice, and report to the prefectural governor to that effect.

When the consulted mayor has received a notification under the preceding paragraph, the mayor must promptly notify the person designated by Disaster Management Agency Order referred to in paragraph (4) to that effect.

In the case prescribed in paragraph (1) of the preceding Article, when the mayor of a municipality finds it necessary to have people in need of evacuation stay in the area of a municipality of another prefecture for a certain period of time, the mayor may request the prefectural governor to consult with the governor of that other prefecture about accepting people in need of evacuation.

When a request under the preceding paragraph is made, the prefectural governor must consult with the governor of that other prefecture about accepting people in need of evacuation.

When the prefectural governor conducts consultation under the preceding paragraph, the governor must report to the Prime Minister to that effect in advance; provided, however, that if it is difficult to report it in advance, the governor may report it without delay after the beginning of consultation.

In the case of paragraph (2), the prefectural governor who was consulted (hereinafter referred to as "consulted governor" in this Article) must consult with the mayor of the related municipality about accepting People in Need of Evacuation.

In the case referred to in the preceding paragraph, the mayor of a municipality who was consulted (hereinafter referred to as "consulted mayor outside the prefecture" in this Article) is to accept people in need of evacuation except in the case of just cause for not accepting people in need of evacuation. In this case, the consulted mayor outside the prefecture must provide the accepted people in need of evacuation with a designated emergency evacuation site or other evacuation site in order to be used for their stay under paragraph (1) (hereinafter referred to as "wide-area evacuation outside the prefecture").

In the case referred to in the preceding paragraph, the consulted mayor outside the prefecture must decide which evacuation site is to accept people in need of evacuation in the area of the municipality and immediately notify the person who will manage the evacuation site and any other person designated by Disaster Management Agency Order of the details.

When the consulted mayor outside the prefecture has made a decision under the preceding paragraph, the mayor must promptly report the details to the consulted governor.

When the consulted governor has received a report under the preceding paragraph, the consulted governor must promptly notify the governor who consulted with the consulted governor pursuant to the provisions of paragraph (2) (hereinafter referred to as "consulting governor" in this Article) of the details.

When the consulting governor has received a notification under the preceding paragraph, the governor must promptly notify the mayor who requested the consultation pursuant to the provisions of paragraph (1) (hereinafter referred to as "consulting mayor" in this Article) and make a report to the Prime Minister of the details.

When the consulting mayor has received a notification under the preceding paragraph, the mayor must promptly make a public notice and notify the person designated by Disaster Management Agency Order of the details.

When the consulting mayor finds it no longer necessary to implement wide-area evacuation outside the prefecture, the mayor must promptly report to the consulting governor, make a public notice, and notify the person designated by Disaster Management Agency Order referred to in the preceding paragraph to that effect.

When the consulting governor has received a report under the preceding paragraph, the governor must promptly notify the consulted governor and report to the Prime Minister to that effect.

When the consulted governor has received a notification under the preceding paragraph, the governor must promptly notify the consulted mayor outside the prefecture to that effect.

When the consulted mayor outside the prefecture has received a notification under the preceding paragraph, the mayor must promptly notify the person designated by Disaster Management Agency Order referred to in paragraph (6) to that effect.