Water Resources Development Promotion Law (Law No. 217 of 1961)

trpose) :icle 1. WATER RESOURCES DEVELOPMENT PROMOTION LAW (Law No. 217 of 1961) This Law aims at promotion of the comprehensive develop ment and the rational utilization of the water resources in the whole water system of rivers, togethe:z: with the conservation and pro tection 0£ the headwaters, in order to secure the supply of water for areas which need water owing to the industrial development or growth and the increase in the urban population, and thereby to contribute to the growth of the national economy and the improve ment of the national living. :i.sic Research) ticle 2. The Government shall carry out the basic research necessary for designating a water system for water resources development provided for in paragraph 1 of the following Article and for deter mining the basic plan for water resources development provided for in paragra?h 1 of Article ,;,. 2. The Director-General of the Economic Planning Agency may make necessary adjustment to the basic researches conducted under the provisions of the preceding paragraph by the heads of the adminis trative agencies concerned and may require the heads of the admin strative agencies concerned to submit reports on the results of the basic researches. 1 (Designation of Water System for Water Resources Development) Article 3. When the Prime Minister deems it necessary to carry out urgently regional measures for water utilization in an area provided for in Article 1, he shall, upon consulting with the heads of the administrative agencies concerned and hearing the opinions of the governors of the interested prefectures and the Water Resources Development Council, designate the water system of rivers \vith respect of which it is necessary to promote the comprehensive development and the rational utilization of the water resources in order to secure the supply of water for the area referred to above as a water system for water resources development. 2. The designation by the Prime Minister of a water system for water resources development shall be based on a Cabinet decision. 3. When the Prime Minister has designated a water system for water resources development, he shall make public notification thereof. (Banic Plan for Water Resources Development) Article 4. When the Prime Minister has design.ated a water system for water resources de•relopment, he shall consult with the heads of the administrative agencies concerned and hear the opinions of the governors of the interested prefectures and the \Vater Resources Development Council, so as to determine the basic plan for water !'esources development (hereinafter referred to as "the basic plan") which is to become the basis of the comprehensive develop ment and the rational utilization of the water resources in the water system for water resources development. 2 2. The determination by the Pri.::ne Minister of the basic plan shall be based on a Cabinet decision. 3. The basic plan shall reflect sufficient consider2.tion for erosion and flood control, development of power resou:.ces and development of under-developed are2.s of the said water system for water resources develo;:iment. 4. When the Prime Minister has determined the basic plan, he shall make public notification thereof. 5. The provisions of the precedin.g four paragraphs shall apply mutatis mutandis to the case of revising the basic plan. '..rticle 5. The basic plan shall contain statements on the following matters: (1) Prospect of demand for and target of supplies in water; (2) Basic matters concerning constructicn of facilities necessary to attain the ta:.:-get of the supplies re:erred to in the preceding ite~: (3) Other irr1port2 nt :natters concerning the comprehensi·✓ e develop ment and ration2.l utilization of water resources. Water Resources Development Council) A rtic!e 6. There shall be established a Water Resources Development Council (hereinaiter referred to as "the Council") in the Prime "Minister's Office as its auxiliary organ. 2. The Council shall, at the request of the Prime Minister, investi gate and deliverate on impo::-tant matters concer.ning a water 3 system for water resources development and the basic plan. 3. The Council may offer its opinion to the Prime Minister or the head of the administrative agencies concerned on important matters re £erred to in the preceding paragraph. Article 7. The Council shall consist of fifteen councillors or less. 2. The councillors shall be appointed by the Prime Minister from among persons of learning and e.."<perience. 3. The term of office of a councillor shall be two years, but the term of office of a councillor who fills a vacancy shall be the remainder of the term of his predecessor. 4. Co,,mcillors may be re-appointed. 5. The councillors shall be in part-time service. 6. The council shall have a president, who shall be elected by co optation from among the councillors. 7. The president shall preside over the business of the Council. Whet: the president is unable to attend to his duties, the councillor nomi nated beforehand by the president shall act as his proxy . . A!"ticle 3. The Cou:1.cil r.::ay appoint ex! )ert councillors to investigate specialized matters. 2. The ex! )ert councillors shall be appointed by tha Prime Minister from amo:1g the officials of the administrative agencies concerned l!.nd persons of lea:::ning and experience. 3. The expert councillors shall be in part-time service. 4 Article 9- The Council may request the heads of the administrative agencies concerned and the heads of the interested local govern meL1ts to extend appropriate cooperation including submission of data, statement of opinions and presentation cf explanations on the matter within the competence of the Council. 2. The heads of the administrative agencies concerned may attend a meeting of the Council and state their opinions. .A . .rticle l O. The necessary matters regarding the organization, manage ment, etc. of the Council for which no provisions are made in the preceding four Articles shall be provided for by Cabinet Order. (Coordination with the National Comprehensive Development Plan, etc.) Article 11. Coordination between the basic plan and the National Compre hensive Development Plan shall be made by the Prime Minister after he hears the opinions of the Council and the National Compre hensive Development Council. 2. Coordination betwee:1 the basic plan and the Electric Power De velopment Basic Plan shall be made by the Prime .M.inister after he he2.rs the opinions of the Cou~cil·and the Electric Power Develop ment Adjustment Council. 3. Coordination betwee:i. the basic plan and the National Capital Region Redevelopment Plan shall be made by the Prime Minister after he hears the opinions of the Council and the National Capital Region Redevelopment Commission. 5 4. Coordination between the basic plan and the Kinki Region Redevelop ment Plan shall be made by the Prime Minister after he hears the opinions of the Council and the Kinki Region .Redevelopment Council. 5. Coordination between the basic plan and the Chubu Region Rede velopment Plan shall be made by the Prime Minister after he hears the opinions of the Council and the Chubu Region Redevelopme::i.t Council. (Implementation of Projects Based on the Basic Plan) Article 12. A project based on the basic plan shall be implemented by the State, the local government concerned, the Water Resources Development Public Corporation or any other agency concerned in accordance with the laws regulating the project (including orders based on the laws). (E:qens es for Implementation of the Basic Plan} Ar-tide 13. The Government must endeavour to secure the funds and to take other measures necessary to implement the basic plan. (Compensation £or Loss, etc.} A:::-ticle 14. A person who implements the p"r"oject based on the basic plan must see to it that the treatment of those who sLt.ffer losses owing to the project be fair and proper. 6 Supplementary Provisions (excerpt) Date oi Enfo::.-cement) 1. This Law shall come into force as from the day of its promulgation. Supplementary Provisions (exc-erpt) (Law No. 102 of 1966) Date of Enforceme:1t) 1. This Law shall come into force as from the day of its promulgation. 7