Basic Act on Disaster Management

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, that mayor may cause any residents of the area of the municipality or any persons who are on the site where emergency measures should be taken to engage in operations under the relevant emergency measures.

The provisions of Article 63, paragraph (2) apply mutatis mutandis to the preceding paragraph.

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) is present, the provisions of paragraph (1) 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 the same paragraph, they must immediately notify the mayor of a municipality to that effect.

In cases where a disaster has occurred, when the chief of a police station and others have removed flotsam or submerged goods prescribed in Article 29, paragraph (1) of the Sea Casualties Rescue Act (Act No. 95 of 1899), they may keep the objects in custody, notwithstanding the provisions of the same paragraph.

The provisions of Chapter II of the Sea Casualties Rescue Act apply mutatis mutandis to cases in which the chief of a police station and others have taken into custody flotsam or submerged goods pursuant to the provisions of the preceding paragraph.

In cases where a disaster has occurred or is likely to occur involving an area of a municipality, when the mayor of a municipality, etc. finds it necessary for implementing emergency disaster control measures, the mayor, etc. may ask support from another mayor of a municipality, etc. In this case, the mayor of a municipality, etc. whose support has been requested for the purpose of implementing emergency measures may not refuse support except for just cause.

Those who render the support prescribed in the preceding paragraph are to act under the direction of the mayor of a municipality, etc. who have requested support, insofar as the implementation of emergency disaster control measures is concerned.

In cases where a disaster involving an area of a municipality has occurred or is likely to occur, when the mayor of a municipality, etc. finds it necessary for implementing emergency disaster control measures, the mayor may ask for support or request implementation of emergency disaster control measures from the prefectural governor, etc. In this case, the prefectural governor, etc. asked to provide support or requested to implement emergency disaster control measures may not refuse support or implementation of emergency disaster control measures except for just cause.

In cases where a disaster involving an area of the municipality has occurred or is imminent, when the mayor of a municipality finds it necessary for accurately and smoothly implementing emergency measures, the mayor may request the prefectural governor to make a call for the implementation of emergency measures under Article 70, paragraph (3) (referred to as "call" in the following paragraph). In this case, the mayor of a municipality may notify the head of a designated administrative organ or the head of a designated local administrative organ concerned in the implementation of those emergency measures to that effect and of the conditions of the disaster involving an area of the municipality.

When the mayor of a municipality is unable to make the request under the preceding paragraph, the mayor may notify the head of a designated administrative organ or the head of a designated local administrative organ to that effect and of the conditions of the disaster involving an area of the municipality. In this case, the head of a designated administrative organ or the head of a designated local administrative organ who has received the notification may, when finding it urgent in light of the situation and finding that there is no time to wait for a call from the prefectural governor, implement emergency measures without waiting for the call.

When the mayor of a municipality has made the notification set forth in the preceding two paragraphs, the mayor must promptly notify the prefectural governor to that effect.

In cases where a disaster involving an area of a municipality has occurred or is imminent, when the mayor of a municipality finds it necessary for implementing emergency measures, the mayor may ask the prefectural governor to issue a call under Article 83, paragraph (1) of the Self-Defense Forces Act (referred to as "call" in the following paragraph). In this case, the mayor of a municipality may notify the Minister of Defense or the person designated by the Minister to that effect and regarding the conditions of the disaster involving an area of the municipality.

When unable to ask as prescribed in the preceding paragraph, the mayor of a municipality may notify the Minister of Defense or a person designated by the Minister to that effect and regarding the conditions of the disaster involving an area of the municipality. In this case, the Minister of Defense or the person designated by the Minister, having been notified as described above and finding there to be particular urgency and no time to wait for a call in light of the condition, may dispatch the units prescribed in Article 8 of the Self-Defense Forces Act for the protection of life and property without waiting for a Call.

When the mayor of a municipality has made the notification set forth in the preceding two paragraphs, the mayor must promptly notify the prefectural governor to that effect.

In cases where a disaster involving an area of a municipality has occurred, when the municipality finds it necessary for implementing emergency measures, notwithstanding the provisions of Articles 252-14 and 252-15 of the Local Autonomy Act, as provided for by Cabinet Order, it may delegate its affairs or part of the affairs under the authority of the mayor of a municipality, etc. to another local government and have the head or any other executive agency of the local government manage and execute them.

When a disaster involving an area of a prefecture has occurred or is imminent, as provided for by laws and regulations or under an area disaster management plan, the prefectural governor must promptly implement emergency measures concerning the function under the governor's jurisdiction. In this case, the prefectural governor must endeavor to ensure that emergency measures taken by municipalities within their areas are carried out accurately and smoothly.

When a disaster involving an area of a prefecture has occurred or is imminent, pursuant to the provisions of laws and regulations or an area disaster management plan, the committee of the prefecture or its members must implement the emergency measures concerning the function under their jurisdiction, under the jurisdiction of the prefectural governor.

In the case referred to in the paragraph (1), when a prefectural governor finds it necessary for implementing emergency measures or for ensuring accurate and smooth implementation of emergency measures taken by municipalities within their areas, the governor may request the head of a designated administrative organ or designated local administrative organ, any other executive agency of the prefecture, or a designated public corporation or designated local public corporation to implement emergency measures. In this case, the head of a designated administrative organ or designated local administrative organ requested to implement emergency measures may not refuse the implementation of emergency measures except for just cause.

In cases where a disaster involving an area of a prefecture has occurred, when the prefectural governor finds it particularly necessary for implementing emergency measures regarding the matters set forth in Article 50, paragraph (1), items (iv) through (ix), the governor may, in accordance with the provisions of Articles 7 through 10 of the Disaster Relief Act, issue orders for work, cooperation, or custody, manage, use, or expropriate any facility, land, house, or goods, have the governor's officials enter and inspect any facility, land, house, or place where goods are located or any place where goods are to be held in custody, or obtain necessary reports from persons who have been made to hold goods in custody.

As provided for by Cabinet Order, part of the function under the authority of the prefectural governor under the preceding paragraph may be delegated to the mayor of a municipality concerned.

When a prefectural governor finds it particularly necessary for ensuring accurate and smooth implementation of emergency measures at the municipal level within the area of a prefecture, the governor may give necessary instructions with respect to the implementation of emergency measures to the mayor of a municipality, or give instructions for support to mayors of other municipalities.

When a prefectural governor finds it particularly necessary for ensuring accurate and smooth implementation of emergency disaster control measures (emergency measures are excluded; hereinafter the same applies in this paragraph) at the municipal level within the area of a prefecture, the governor may ask the mayor of a municipality to implement emergency disaster control measures or to support mayors of other municipalities.

Those who render the support concerning instructions or requests from the prefectural governor under the preceding two paragraphs are to act under the direction of the mayor of a municipality receiving the support insofar as the implementation of emergency disaster control measures is concerned.

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 a municipality all or a part of the emergency measures to be implemented by the mayor of a municipality pursuant to the provisions of Article 63, paragraph (1), Article 64, paragraphs (1) and (2), and Article 65, paragraph (1).

When the prefectural governor has begun or completed the implementation of affairs on behalf of the mayor of a 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 a municipality under paragraph (1) are prescribed by Cabinet Order.

In cases where a disaster involving an area of a prefecture has occurred or is likely to occur, when a prefectural governor, etc. finds it necessary for implementing emergency disaster control measures, the prefectural governor, etc. may ask support from another prefectural governor, etc. In this case, the prefectural governor, etc. whose support have been asked for the purpose of implementing emergency measures may not refuse the support except for just cause.

Those who render the support prescribed in the preceding paragraph are to act under the direction of the prefectural governor, etc. who have requested the support, insofar as the implementation of emergency disaster control measures is concerned. In this case, as regards the police officers, they are to exercise their authority, under the control of the public safety commission of the prefecture that asked for the support.

In cases where a disaster involving an area of a prefecture has occurred or is likely to occur, when the prefectural governor finds that support concerning emergency disaster control measures at the municipal level within the area of the prefecture would not be implemented smoothly only by the instructions under Article 72, paragraph (1), or the request under paragraph (2) of the same Article, the governor may request other prefectural governors to support the mayor of the municipality where the disaster has occurred or is likely to occur (hereinafter referred to as "mayor of the municipality where the disaster has occurred or is likely to occur" in the following paragraph and the following Article).

In cases where support will be provided in response to the request under the preceding paragraph, when the prefectural governors who have received a request under the preceding paragraph find it particularly necessary for ensuring that emergency disaster control measures to be taken by the mayor of the municipality where the disaster has occurred or is likely to occur are implemented accurately and smoothly, they may request the mayors of municipalities within the areas of the prefectures to support the mayor of the municipality where the disaster has occurred or is likely to occur.

Those who render the support concerning a request from the prefectural governors under the preceding two paragraphs are to act under the direction of the mayor of the municipality receiving the support insofar as the implementation of emergency disaster control measures is concerned.