Basic Act on Disaster Management

In cases where a disaster has occurred, when there is an urgent and special necessity to make necessary communications in implementing emergency measures, except as otherwise provided for by other laws, the head of a designated administrative organ or the head of a designated local administrative organ, the prefectural governor, or the mayor of a municipality may use on a priority basis telecommunications facilities used for business purposes by the telecommunications carriers prescribed in Article 2, item (v) of the Telecommunications Business Act, or use wire telecommunications facilities or radio facilities installed by persons set forth in Article 3, paragraph (4), item (iv) of the Wire Telecommunications Act.

When a disaster has occurred or is imminent, as provided for by laws and regulations or under a disaster management plan, designated public corporations and designated local public corporations must promptly implement emergency measures concerning functions under their jurisdiction and take necessary measures in the interest of an accurate and smooth implementation of emergency measures by the head of a designated local administrative organ, the prefectural governor, etc., and the Mayor of a municipality, etc.

When designated public corporations and designated local public corporations find it particularly necessary for implementing emergency measures concerning function under their jurisdiction, as provided for by laws and regulations or under a disaster management plan, they may ask for support from the head of a designated administrative organ or the head of a designated local administrative organ, a prefectural governor, or the mayor of a municipality to secure labor, facilities, equipment, or goods. In these cases, the head of the designated administrative organ or the head of a designated local administrative organ, the prefectural governor, or the mayor of a municipality asked for support must not refuse support except for just cause.

The prefectural governor, the mayor of a municipality, or the head of a designated administrative organ or the head of a designated local administrative organ must each serve a requisition order before making a disposition under Article 71 or Article 78, paragraph (1).

The matters set forth in each of the following items must be entered in a requisition order prescribed in the preceding paragraph:

the name and address of the person who receive the requisition order (for a corporation, its designation and the address of its main office);

legal provisions justifying the relevant disposition;

For orders for work, the kind of operation to be engaged in, its location, and duration; for orders for custody, the kind and amount of goods to be held in custody, the place of custody, and duration; for administration, use, or expropriation of facilities, etc., the location of the facilities, etc., to be administered, used, or expropriated, and the duration or deadline concerning the relevant disposition.

Beyond what is provided for in the preceding two paragraphs, the form of requisition orders and other necessary matters concerning them are prescribed by Cabinet Order.

When disposition under Article 64, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (8) of the same Article); Article 63, paragraph (2), as applied mutatis mutandis to the cases set forth in Article 64, paragraph (1), pursuant to Article 64, paragraph (7); Article 71; the second sentence of Article 76-3, paragraph (2) (including as applied mutatis mutandis pursuant to paragraphs (3) and (4) of the same Article); the second sentence of Article 76-6, paragraph (3), or paragraph (4) of the same Article; or Article 78, paragraph (1) is taken, the State and local government (including a port authority) must compensate for losses generally caused by the relevant disposition.

When disposition under Article 76-6, the second sentence of paragraph (3) or paragraph (4) is taken pursuant to the provisions of paragraph (5) or paragraph (8) of the same Article, notwithstanding the provisions of the preceding paragraph, the Agency or local road public corporation must compensate for losses generally caused by the relevant disposition.

Based on standards provided for by Cabinet Order, the prefecture must compensate for actual costs incurred by persons who have engaged in work under an order for work in emergency measures under Article 71.

In cases where an official of a prefecture or a municipality makes an entry (into a place) pursuant to the provisions of Article 71, or in cases where an official of a designated administrative organ or designated local administrative organ makes an entry pursuant to the provisions of Article 78, paragraph (2) or (3), the official must notify the administrator of the place to that effect in advance.

In the case referred to in the preceding paragraph, the official must carry a proof of identification, and must present it at the request of parties concerned.

In cases where the mayor of a municipality, a police officer, a coast guard officer, or a SDF personnel of units under disaster relief operation has had residents of the area of the municipality or persons on the site where an emergency measure should be taken work in operations of emergency measures, under Article 65, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of the same Article) or pursuant to the provisions of Article 63, paragraph (2) as applied mutatis mutandis pursuant to Article 65, paragraph (2), when a person who has engaged in the operations has died, been injured, or become ill, or disabled as a result of the operations, based on the standards provided for by Cabinet Order and as provided for by its ordinance, the municipality must compensate the person, their surviving family, or their dependents, for the loss sustained.

When a person who has engaged in the operations of emergency measures by an order for work under Article 71 has died, been injured, has become ill, or disabled as a result of the operations, based on the standards provided for by Cabinet Order and as provided for by its ordinance, the prefecture must compensate the person, their surviving family, or their dependents for the loss sustained.

The State may, as provided for separately by law, reduce, exempt, defer, or take other necessary measures with regard to national taxes or other assessments collected by the State from disaster victims.

As provided for separately by law or by its ordinance, a local government may reduce, exempt, defer, or take other necessary measures with regard to local taxes or other assessments collected by the local government from disaster victims.

In cases where the State, finding it necessary for implementing emergency measures in the event of a disaster, lends national property or other articles of State ownership, or allows them to be used, as provided for separately by law, the consideration for the loan or the use may be made free of charge or fixed at a rate lower than the market value.

If a local government, finding it necessary for implementing emergency measures in the event of a disaster, lends property or articles under its ownership, or allows them to be used, as provided for separately by law, the consideration for the loan or the use may be made free of charge or fixed at a rate lower than the market value.

In the event of an extremely anomalous and severe disaster, for which shelter or emergency temporary houses (hereinafter referred to as "shelter, etc." in this Article) are remarkably insufficient and it is found particularly necessary to provide disaster victims with houses speedily, that disaster is to be designated by Cabinet Order.

When designation under the preceding paragraph is made, the provisions of Article 17 of the Fire Service Act (Act No. 186 of 1948) do not apply to the shelter, etc. which the head of the local government establishes in the areas and during the period provided for by Cabinet Order.

Notwithstanding the provisions of the preceding paragraph, according to mutatis mutandis application of the Fire Service Act, the head of the local government must specify the standards concerning the installation and maintenance of equipment for fire-fighting related to shelter, etc. prescribed in the same paragraph, fire-fighting water, and facilities necessary for fire-fighting activities, prevent disaster at the shelter, etc. and take necessary measures to ensure public safety.

In the event of an extremely anomalous and severe disaster, for which temporary medical facilities related to the relevant disaster (which means temporary facilities for conducting medical care for disaster victims; hereinafter the same applies in this Article) are remarkably insufficient and it is found particularly necessary to provide disaster victims with medical care speedily, that disaster is to be designated by Cabinet Order.

When designation under the preceding paragraph is made, the provisions of Chapter IV of the Medical Care Act (Act No. 205 of 1948) do not apply to the temporary medical facilities which the head of the local government establishes in the areas and during the period provided for by Cabinet Order.

If designation under paragraph (1) is made, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to temporary medical facilities prescribed in the preceding paragraph.

In the event of an extremely anomalous and severe disaster, for which it is found urgently necessary to prevent harm in public hygiene from occurring due to difficulty in smoothly conducting burial or cremation caused by the disaster, that disaster is designated by Cabinet Order.

When a designation under the preceding paragraph is made, the Minister of Health, Labour and Welfare may, as provided for by Cabinet Order and only for a period specified by the Minister, specify special provisions for procedures prescribed in Articles 5 and 14 of the Act on Cemetery and Burial Services (Act No. 48 of 1948).