Basic Act on Disaster Management

In cases where a disaster involving an area of a prefecture has occurred, the municipality is unable to perform all or the majority of its affairs because of the occurrence of the disaster, and it is difficult to protect the lives or bodies of affected residents from the disaster or to secure places for them to live, when wide-area temporary stay outside prefecture is found necessary for the affected residents, the prefectural governor may conduct consultation under Article 86-9, paragraph (3) even if the request under paragraph (1) of that Article has not been made. In this case, the phrase "the affected resident information provided by the mayor of the municipality pursuant to paragraph (2)" in paragraph (5) of that Article is deemed to be replaced with "the information held by the governor relating to the matters set forth in each item of Article 90-3, paragraph (2) concerning each affected resident subject to that consultation", the phrase "affected resident information" in paragraph (7) of that Article with "information", the phrase "notify the mayor who requested the consultation pursuant to the provisions of paragraph (1) (hereinafter referred to as 'consulting mayor outside the prefecture' in this Article)" in paragraph (12) of that Article with "make a public notice and notify the person designated by Disaster Management Agency Order", the phrase "consulting mayor outside the prefecture" in paragraph (14) of that Article with "consulting governor", the phrase "paragraph (1)" in paragraph (15) of that Article with "the first sentence of Article 86-11", the phrase "consulting mayor outside the prefecture" with "consulting governor", the phrase "report to the consulting governor," with "notify the consulted governor and the person designated by Disaster Management Agency Order referred to in paragraph (12) as applied by replacing terms pursuant to the second sentence of Article 86-11, and", the phrase "notify the person designated by Disaster Management Agency Order referred to in paragraph (13)" with "report to the Prime Minister", and the phrase "the preceding paragraph" in paragraph (17) of that Article with "paragraph (15) as applied by replacing terms pursuant to the second sentence of Article 86-11", and the provisions of paragraphs (13) and (16) of that Article do not apply.

When asked by the mayor of a municipality, the prefectural governor must give advice concerning the other party to the consultation under Article 86-8, paragraph (1) and other matters concerning wide-area temporary stay.

When asked by the prefectural governor, the Prime Minister must give advice concerning the other party to the consultation under Article 86-9, paragraph (3) and other matters concerning wide-area temporary stay outside prefecture or matters concerning wide-area temporary stay.

In cases where the municipality and the prefecture including the municipality are unable to perform all or the majority of their affairs because of the occurrence of a disaster, and it is difficult to protect the lives or bodies of affected residents from the disaster or to secure places for them to live, when wide-area temporary stay or wide-area temporary stay outside prefecture is found necessary for the affected residents, the Prime Minister must implement on behalf of the mayor of the relevant municipality all or a part of the measures to be implemented by the mayor of the relevant municipality pursuant to the provisions of Article 86-8, paragraphs (1), (3), and (6) through (9), or implement on behalf of the relevant prefectural governor all or a part of the measures to be implemented by the governor pursuant to the provisions of the first sentence of Article 86-11, Article 86-9, paragraph (5) as applied by replacing terms pursuant to the second sentence of Article 86-11, Article 86-9, paragraph (11), and Article 86-9, paragraphs (12), (14), and (15) as applied by replacing terms pursuant to the second sentence of Article 86-11 (except for the report under Article 86-9, paragraphs (12) and (15) as applied by replacing terms pursuant to the second sentence of Article 86-11).

When the Prime Minister has begun or completed the execution of the affairs of the mayor or the governor pursuant to the provisions of the preceding paragraph, the Prime Minister must make a public notice to that effect.

The necessary matters relating to the execution by the Prime Minister under paragraph (1) are prescribed by Cabinet Order.

When the prefectural governor finds it urgently necessary for implementing the protection of disaster victims, the governor may request designated public corporations or designated local public corporations that are transportation business operators to transport disaster victims by specifying people to be transported, and the place and period for transportation.

When designated public corporations or 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 disaster victims only when found particularly necessary for implementing the protection of disaster victims. In this case, the matters of the same paragraph must be stated in writing.

In cases where a disaster involving an area of a prefecture or municipality has occurred, when an information inquiry concerning the safety of disaster victims of the disaster (referred to as "safety information" in the following paragraph) is received, as provided for by Disaster Management Agency Order, the governor of the prefecture or the mayor of the municipality may reply to the inquiry.

The prefectural governor or the mayor of a municipality is to, when replying with the safety information pursuant to the provisions of the preceding paragraph, consider not violating unfairly the rights and interests of disaster victims or third parties related to the safety information.

The prefectural governor or the mayor of a municipality may internally use the names of disaster victims and any other information on disaster victims held by them for purposes other than those identified in holding them to the extent necessary to reply properly under paragraph (1) or to prepare for proper implementation of the reply.

When the prefectural governor or the mayor of a municipality finds it necessary for replying properly under paragraph (1) or for preparing to implement the reply properly, the governor or the mayor may ask the head of a relevant local government, fire-fighting organs, the prefectural police of the prefecture, and any other persons to provide information on disaster victims.

In cases where a disaster involving an area of the prefecture or municipality has occurred or is likely to occur, when their stored goods or materials are insufficient for implementing emergency disaster control measures, and it is found difficult to implement the emergency disaster control measures accurately and speedily, the prefectural governor may request the head of the designated administrative organ or the head of the designated local administrative organ, and the mayor of a municipality may request the prefectural governor, to take necessary measures for the supply of each of the necessary goods and materials.

In cases where a disaster involving an area of a prefecture or municipality has occurred or is likely to occur, their stored goods and materials are found insufficient by the governor of the prefecture or the mayor of the municipality to implement emergency disaster control measures, and it is found difficult to implement the emergency disaster control measures accurately and promptly, when it is found urgent in light of the situation and there is no time to wait for the request under the preceding paragraph, the head of the designated administrative organ, the head of the designated local administrative organ, or the prefectural governor may take necessary measures for the supply of necessary goods and materials without waiting for the request.

In cases where a disaster has occurred or is likely to occur, the head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, designated public corporations and designated local public corporations, public organizations, and administrators of facilities important for disaster management must endeavor to cooperate mutually concerning the supply of their stored goods and materials.

When found urgently necessary for implementing emergency disaster control measures, the head of the designated administrative organ and the head of the designated local administrative organ may request the designated public corporations that are transportation business operators, and the prefectural governor may request the designated public corporations or the designated local public corporations that are transportation business operators, to transport necessary goods and materials (referred to as "necessary goods for emergency disaster control measures" in the following paragraph) for implementing the emergency disaster control measures by specifying goods or materials 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 head of the designated administrative organ, the head of the designated local administrative organ, or the prefectural governor may instruct the designated public corporations or designated local public corporations to transport necessary goods for emergency disaster control measures only when found particularly necessary for implementing emergency disaster control measures. In this case, the matters of the same paragraph must be specified in writing.