Basic Act on Disaster Management

In the case prescribed in paragraph (1) of the preceding Article, when the mayor of a municipality finds urgency in light of the situation, the mayor may consult with the mayor of a municipality in the area of another prefecture about accepting people in need of evacuation.

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, it is sufficient for the mayor to report it without delay after the beginning of consultation.

The prefectural governor who has received a report under the preceding paragraph must promptly report the details to the Prime Minister.

In the case of paragraph (1), 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 to be used as their 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 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) and make a report to the prefectural governor 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.

The prefectural governor who has received a report under the preceding paragraph must promptly report the details to the Prime Minister.

When the consulting mayor finds it no longer necessary to implement wide-area evacuation outside the prefecture, the mayor must promptly notify the consulted mayor outside the prefecture and the person designated by Disaster Management Agency Order referred to in paragraph (7), make a public notice, and report to the prefectural governor 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 (5) and report to the prefectural governor to that effect.

The prefectural governor who has received a report under paragraph (9) must promptly report the details to the Prime Minister.

When asked by the mayor of a municipality, the prefectural governor must give advice about the other party to the consultation under Article 61-4, paragraph (1) and other matters concerning wide-area evacuation.

When asked by the prefectural governor, the Prime Minister must give advice about the other party to the consultation under Article 61-5, paragraph (2) and other matters concerning wide-area evacuation outside the prefecture or matters concerning wide-area evacuation.

In cases where a disaster involving an area of a prefecture is likely to occur, when the prefectural governor finds it urgently necessary for protecting the lives or bodies of residents, etc. from the disaster, the prefectural governor may request the designated public corporations or the designated local public corporations that are transportation business operators to transport Residents, etc., by specifying the people to be transported, and the place and period for transportation.

When the designated public corporations or the designated local public corporations do not meet the request under the preceding paragraph without any just cause, the prefectural governor may instruct the designated public corporations or designated local public corporations to transport residents, etc. only when found particularly necessary for protecting the lives or bodies of residents, etc. from the disaster. In this case, the people to be transported and the place and period for transportation must be specified in writing.

When a disaster involving an area of a municipality has occurred or is imminent, as provided for by laws and regulations or under an area disaster management plan, the mayor of a municipality must promptly implement fire-fighting, flood prevention, rescue, and other necessary emergency measures to prevent disaster or the spread of a disaster (hereinafter referred to as "emergency measures").

When a disaster involving an area of a municipality has occurred or is imminent, pursuant to the provisions of an area disaster management plan, the committee of the municipality or its members, any public organization in that area, administrators of facilities important for disaster management, and other parties responsible for the implementation of emergency measures as provided for by laws and regulations must implement emergency measures concerning the function or operations under their jurisdiction under the jurisdiction of the mayor of a municipality, or must cooperate in the implementation of emergency measures undertaken by the mayor of a municipality.

In cases where a disaster has occurred or is imminent, when the mayor of a municipality finds it particularly necessary for preventing danger to people's lives or bodies, the mayor may establish a restricted area and restrict or prohibit any persons other than those engaged in emergency disaster control measures from entering that area, or may order them to leave that area.

In the case referred to in the preceding paragraph, if the mayor of a municipality or officials of the municipality exercising the authority of the mayor prescribed in the same paragraph delegated to them are not on the site, or if a request is made by them, police or coast guard officers may exercise the authority of the mayor prescribed in the same paragraph. In this case, when the police or coast guard officers have exercised the authority of the mayor of a municipality prescribed in the same paragraph, they must immediately notify the mayor of a municipality to that effect.

Provided that neither the mayor of a municipality nor anyone able to exercise the authority of the mayor of a municipality prescribed in paragraph (1) above is present, the provisions of paragraph (1) above apply mutatis mutandis to the performance of the duties of Self-Defense Force personnel of units that are prescribed in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954) and dispatched pursuant to the provisions of Article 83, paragraph (2) of the same Act (hereinafter referred to as "SDF personnel of units under disaster relief operation"). In this case, when SDF personnel of units under disaster relief operation have taken measures prescribed in the provisions of paragraph (1) above, they must immediately notify the mayor of a municipality to that effect.

The provisions of Article 61-2 apply mutatis mutandis to the case when an attempt is made to establish a restricted area pursuant to the provisions of paragraph (1).

In cases where a disaster involving an area of a municipality has occurred or is imminent, when the mayor of a municipality finds it urgently necessary for implementing emergency measures, the mayor may use temporarily the land, building, or any other structure belonging to other persons within the area of the municipality, use or expropriate stone, bamboo, and wood, or other objects, as provided for by Cabinet Order.

In cases where a disaster involving an area of a municipality has occurred or is imminent, when the mayor of a municipality finds it urgently necessary for implementing emergency measures, the mayor may remove any structures or objects on the site affected by the disaster and which may hinder the execution of emergency measures (hereinafter referred to as "structures, etc." in this Article) or take other necessary measures. In this case, when the mayor removes structures, etc., the mayor must keep custody of them.

When the mayor of a municipality has kept structures, etc. into their custody, pursuant to the provisions of the second sentence of the preceding paragraph, as provided for by Cabinet Order, the mayor must publicly notify the matters provided for by Cabinet Order in order to return the structures, etc., to the occupant, owner, or any persons having title to Structures, etc. (hereinafter referred to as "occupants, etc." in this Article).

When there is a risk of structures, etc., which have been kept in custody pursuant to the provisions of the second sentence of paragraph (2), being destroyed, lost, or damaged, or when their custody would incur undue cost or effort, as provided for by Cabinet Order, the mayor of a municipality may sell the Structures, etc., and hold the sales proceeds.

Costs of custody of structures, etc., their sale, public notices in connection with them, etc., prescribed in the preceding three paragraphs, are charged against the Occupants, etc. to whom the relevant Structures, etc., are returned, and as regards the collection of the expenses, Articles 5 and 6 of the Act on Substitute Execution by Administration (Act No. 43 of 1948) apply mutatis mutandis.

When the structures, etc., which have been kept in custody pursuant to the provisions of the second sentence of paragraph (2) (including sales proceeds under paragraph (4); hereinafter the same applies in this paragraph), cannot be returned after six months from the date of the public notice prescribed in paragraph (3), the ownership of the relevant structures, etc., is assigned to the municipality under the control of the mayor.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to cases under paragraph (1) and the first sentence of paragraph (2).

Provided that neither the mayor of a municipality nor anyone able to exercise the authority of the mayor of a municipality prescribed in paragraph (1) or the first sentence of paragraph (2) above is present, the provisions of paragraph (1) and the first sentence of paragraph (2) above apply mutatis mutandis to the performance of the duties of SDF personnel of units under disaster relief operation. In this case, when SDF personnel of units under disaster relief operation have taken measures prescribed in the provisions of paragraph (1) or the first sentence of paragraph (2) above, they must immediately notify the mayor of a municipality to that effect.

When police officers, coast guard officers, or SDF personnel of units under disaster relief operation have removed structures, etc., pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to paragraph (7) or the first sentence of paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph, they must present the relevant structures, etc., to the chief of a police station and others having jurisdiction over the original location of the structures, etc., or to the head of the units, etc. prescribed in Article 8 of the Self-Defense Forces Act and provided for by Disaster Management Agency Order (hereinafter referred to as "SDF unit commanding officer" in this Article). In this case, the chief of a police station and others, or SDF unit commanding officer must keep the relevant structures, etc., in custody.

The custody of structures, etc., by the chief of a police station and others, or SDF unit commanding officer pursuant to the provisions of the preceding paragraph is governed by the provisions of paragraphs (3) through (6); provided, however, that the ownership of structures, etc., which cannot be returned after six months from the date of public notice governed by paragraph (3) are assigned to the prefecture to which the police station belongs if the relevant structures, etc., are under the custody of the chief of a police station, and to the State if they are under the custody of the head of the office of the regional coast guard headquarters provided for by Cabinet Order or the SDF unit commanding officer.