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Laws of Japan |
* Ministry of the Environment Government of Japan (Tentative translation)
Law No.110 of 2000, effective on June 2 2000
Content
Article 1. Purpose
The purpose of this Law is to facilitate the policies for the transformation
into a sound material-cycle society comprehensively
and systematically and thereby
contribute to ensure healthy and cultured living for both the present and future
generations
of the nation, through articulating the fundamental principles on
the establishment of a sound material-cycle society, in conformity
with the
fundamental philosophy of Fundamental Environment Law (Law No. 91 of 1993),
clarifying the responsibilities of the
State, local governments, businesses
and the public, and articulating fundamental matters for making policies for
establishing
a sound material-cycle society, including those for establishing
Fundamental Plan for Establishing a Sound Material-Cycle Society.
Article 2. (Definitions)
For the purpose of this Law, "a Sound Material-Cycle Society" means a society
where the consumption of natural resources is
minimized and the environmental
load is reduced as much as possible, by restraining products, etc. from becoming
wastes, etc.,
promoting appropriate recycling of products, etc. when they have
become recyclable resources, and securing appropriate disposal
of the recyclable
resources not recycled, which means the disposal as wastes as defined in the
Article 2, paragraph 1, of the
Waste Management and Public Cleansing Law (the
Law No.137 of 1970) (the same definitions of disposal and wastes shall apply
hereinafter).
2. In this Law, "wastes, etc." are those listed below:
(1) Wastes;
(2) The articles once used or collected or scrapped not used (excluding those currently in use), or the articles obtained secondarily in the course of manufacturing, processing, repairing or sales of products, supply of energy, civil engineering and building works, production of agricultural and livestock products, and other human activities (excluding the wastes listed in the preceding Subparagraph, and radioactive substances and the things contaminated by them).
3. In this law, "recyclable resources" are those useful among wastes, etc.
4. In this law, "recycling" means reuse, regeneration, and heat recovery.
5. In this Law, "reuse" refers to the actions listed below:
(1) To use recyclable resources as products as they are (including the use of them after repair);
(2) To use the whole or part of recyclable resources as component or part of products.
6. In this Law, "regeneration" means the use of the whole or part of recyclable resources as raw materials.
7. In this Law, "heat recovery" is to use for obtaining heat the things which are the whole or part of recyclable resources and which are available for combustion or have such a possibility.
8. In this Law, "environmental load" means the load on environment as defined in the Article 2-1 of Fundamental Environment Law.
Article 3. (Establishment of a Sound Material-Cycle Society)
The establishment of a sound material-cycle society must be made, by encouraging
actions on this to be taken autonomously and
positively according to their economic
and technological possibilities, with the purpose of realizing the society of
sustainable
development, by fostering sound economic development with reduced
environmental load.
Article 4. (Proper Role Sharing, etc.)
The establishment of a sound material-cycle society must be made, with the necessary
measures taken under the proper sharing
of roles among the State, local governments,
businesses and the public, and with the expenses for such measures shared properly
and fairly among them.
Article 5. (Restraining Raw Materials, Products, etc. from Becoming Wastes,
etc.)
Raw materials, products, etc. must be restrained from becoming wastes, etc.
as far as possible, by the practices such as efficient
use of raw materials
and the longest possible use of products, in the light of the necessity of reducing
as far as possible
the environmental load as a result of recycling or disposal
of raw materials, products, etc. when they have become recyclable
resources.
Article 6. (Recycling and Disposal of Recyclable Resources)
Recyclable resources must be recycled as much as possible, in the light of the
necessity of reducing their environmental load
by decreasing the quantity of
their disposal.
2. Recycling and disposal of recyclable resources must be appropriately made so as not to cause obstacles to environmental conservation.
Article 7. (Fundamental Principles of Recycling and Disposal of Recyclable
Resources)
Recycling and disposal of recyclable resources must be done within the technologically
and economically possible limits, taking
it into full consideration that, for
the reduction of environmental load, it is necessary to go by the provisions
in the following
Subparagraphs. However, if it is effective in reducing environmental
load not to go by the provisions in the following Subparagraphs,
it must be
considered not to go by them.
(1) Of the whole or part of recyclable resources, those which can be reused must be reused.
(2) Of the whole or part of recyclable resources, those which are not reused under the preceding Subparagraph (1) and which can be regenerated, must be regenerated.
(3) Of the whole or part of recyclable resources, for those which are not reused under the above Subparagraph (1) nor regenerated under the preceding Subparagraph (2), and from which heat recovery is possible, heat recovery must be made.
(4) Of the whole or part of recyclable resources, those which are not recycled under the foregoing three Subparagraphs must be disposed.
Article 8. (Consideration to the Organic Linkage of Policies)
In making policies for establishing a sound material-cycle society, necessary
consideration shall be taken into so that their
mutual organic linkage with
other policies for environmental conservation, such as policies for securing
proper circulation
of matter in the nature, may be promoted.
Article 9. (Responsibility of the State)
The State is responsible for formulating and implementing the fundamental and
comprehensive policies for establishing a sound
material-cycle society, pursuant
to the fundamental principles for establishing a sound material-cycle society
as prescribed
in the Articles 3 to 7 (hereinafter referred to as "Fundamental
Principles").
Article 10. (Responsibility of Local Governments)
Local governments, pursuant to the Fundamental Principles, are responsible for
implementing necessary measures to ensure appropriate
recycling and disposal
of recyclable resources, and for making and implementing the policies in accordance
with the natural
and social conditions of the local governments' jurisdiction,
based on the proper role-sharing with the State for establishing
a sound material-cycle
society.
Article 11. (Responsibility of Businesses)
Businesses, pursuant to the Fundamental Principles, are in making their business
activities, responsible for taking necessary
measures to restrain raw materials,
etc. from becoming wastes, etc. in their business activities, and, when raw
materials,
etc. have become recyclable resources in their business activities,
responsible for appropriate recycling of such resources by
themselves, or taking
necessary measures to cause proper recycling to be made, or making appropriate
disposal on their own
responsibility of the recyclable resources not recycled.
2. Businesses engaged in manufacturing, sales, etc. of products, containers, etc., pursuant to the Fundamental Principles, are, in making their business activities, responsible for taking necessary measures to increase the durability of the products, containers, etc. concerned, to improve the system of carrying out repair works, and to restrain the products, containers, etc. concerned from becoming wastes, etc., and responsible for taking necessary measures to improve the design of the products, containers, etc. concerned to indicate the materials or ingredients, to promote the proper recycling of the products, containers, etc. concerned which have become recyclable resources, and to prevent the proper disposal of them from becoming difficult.
3. In addition to the provisions in the preceding Paragraph, it is necessary for the State, local governments, businesses and the public to share their respective roles properly in order to make appropriate and smooth recycling of the products, containers, etc. which have become recyclable resources, and, if the roles of any particular businesses are deemed important in establishing a sound material-cycle society from the viewpoint of the design and selection of raw material of their products, containers, etc. and the collection, etc. of such products, containers, etc. which have become recyclable resources, the businesses themselves, pursuant to the Fundamental Principles, are responsible for collecting or delivering, or making proper recycling of, such products, containers, etc. which have become recyclable resources, as their roles to share.
4. As for the recyclable resources the recycling of which is technically and economically possible, and the promotion of the recycling of which is deemed important in establishing a sound material-cycle society, the businesses concerned able to recycle such recyclable resources, pursuant to the Fundamental Principles, are responsible for recycling them properly, in implementing their business activities.
5. In addition to the provisions in the foregoing Paragraphs, businesses are, pursuant to the Fundamental Principles, responsible for making their own efforts to form a sound material-cycle society by using recycled articles, etc. in carrying out their business activities, and for cooperating with the State or local governments in carrying out their policies and measures for establishing a sound material-cycle society.
Article 12. (Responsibility of the Public)
The public are, pursuant to the Fundamental Principles, responsible for making
efforts to restrain products, etc. from becoming
wastes, etc. and promote appropriate
recycling of the products, etc. which have become recyclable resources, and
for cooperating
with the State and local governments in their policies and measures
on the proper disposal of such products, etc., by using products
as long as
possible, using recycled articles, cooperating in separate collection of recyclable
resources, etc.
2. In addition to the provisions in the preceding Paragraph, with regard to the products, containers, etc. stipulated in the Paragraph 3 of the preceding Article, the public are, pursuant to the Fundamental Principles, responsible for cooperating in the measures carried out by the businesses concerned, by delivering the products, containers, etc. which have become recyclable resources, properly to the businesses stipulated in the said Paragraph, and by other proper practices.
3. In addition to the provisions in the foregoing two Paragraphs, the public are, pursuant to the Fundamental Principles, responsible for making their own efforts to form a sound material-cycle society and for cooperating in the policies and measures executed by the State or local governments for establishing a sound material-cycle society.
Article 13. (Legislative Measures, etc.)
The Government shall take legislative or financial measures and other measures
necessary to implement the policies for establishing
a sound material-cycle
society.
Article 14. (Annual Reports, etc.)
The Government shall submit annually to the Diet the reports on the state of
occurrence, recycling and disposal of recyclable
resources, and on the policies
the government has implemented on establishing a sound material-cycle society.
2. The Government shall annually prepare the documents clarifying the policies it is going to implement in the light of the state of occurrence, recycling and disposal of recyclable resources as reported under the preceding Paragraph, and submit them to the Diet.
Article 15. (Establishment, etc. of Fundamental Plan for Establishing
a Sound Material-Cycle Society)
The Government shall establish a fundamental plan for establishing a sound material-cycle
society (hereinafter referred to as
the " Fundamental Plan for Establishing
a Sound Material-Cycle Society"), for the purpose of comprehensive and systematic
promotion
of the policies for establishing a sound material-cycle society.
2. Fundamental Plan for Establishing a Sound Material-Cycle Society shall provide the following matters:
(1) The fundamental principles on the policies for establishing a sound material-cycle society;
(2) The policies the Government should make comprehensively and systematically for establishing a sound material-cycle society;
(3) In addition to the matters stated in the foregoing two Subparagraphs, other necessary matters to promote the policies for establishing a sound material-cycle society comprehensively and systematically.
3. The Central Environment Council shall, by April 1, 2002, give the Minister of Environment its opinions on the concrete guidelines for establishing Fundamental Plan for Establishing a Sound Material-Cycle Society.
4. The Minister of Environment shall, in accordance with the concrete guidelines under the preceding Paragraph, hear the opinions of the Central Environment Council, prepare the draft Fundamental Plan for Establishing a Sound Material-Cycle Society, and ask for Cabinet decision on it by October 1, 2003.
5. The Minister of Environment shall, in preparing the draft Fundamental Plan for Establishing a Sound Material-Cycle Society, consult with the Ministers in charge of the matters on securing effective use of resources.
6. After the Cabinet decision is obtained under Paragraph 4, the Minister of Environment shall, without delay, report Fundamental Plan for Establishing a Sound Material-Cycle Society to the Diet and make it public.
7. Fundamental Plan for Establishing a Sound Material-Cycle Society shall be reviewed every five years or so, and the provisions of Paragraphs 3 through 5 of this Article shall apply correspondingly to the amendment of Fundamental Plan for Establishing a Sound Material-Cycle Society. In this case, "by April 1, 2002" in Paragraph 3 shall be read as "in advance", and "by October 1, 2003" in Paragraph 4 as "without delay".
Article 16. (The Relationship between Fundamental Plan for Establishing
a Sound Material-Cycle Society and Other National Plans)
Fundamental Plan for Establishing a Sound Material-Cycle Society shall be established,
based on Fundamental Environment Plan
provided in the Article 15, paragraph
1, of Fundamental Environment Law (hereinafter referred to as the " Fundamental
Environment
Plan").
2. The other national plans than Fundamental Environment Plan and Fundamental Plan for Establishing a Sound Material-Cycle Society shall, with regard to establishing a sound material-cycle society, be based on Fundamental Plan for Establishing a Sound Material-Cycle Society.
Section 1. Policies of the State
Article 17. (Measures for Restraining Raw Materials, Products, etc.
from Becoming Wastes, etc.)
The State shall take regulatory and other necessary measures so that businesses
may restrain raw materials, etc. from becoming
wastes, etc. through effective
use of raw materials, introduction of reusable containers, etc. in their business
activities.
2. The State shall take necessary measures, such as dissemination of related knowledge, so that the public may restrain products, etc. from becoming wastes, etc. by using products as long as possible, choosing the products for which containers, etc. are not excessively used when purchasing goods, and so on.
Article 18. (Measures for Proper Recycling and Disposal of Recyclable
Resources)
The State shall take regulatory and other necessary measures so that businesses
may, in their business activities, make appropriate
recycling for themselves
of the recyclable resources resulting from such activities, or promote the recycling
of them to be
made appropriately, or dispose on their own responsibility of
the recyclable resources not recycled.
2. The State shall take necessary measures so that the public may promote the appropriate recycling and disposal of recyclable resources through cooperation in separate collection of their used products, etc. which have become recyclable resources, cooperation in the proper and smooth execution of such collection, delivery and recycling of recyclable resources as stipulated in the following Paragraph, and other cooperative actions.
3. In order to promote the appropriate and smooth recycling of products, containers, etc. when they have become recyclable resources, with regard to the products, containers, etc. for which it is deemed necessary for the State, local governments, businesses and the public to share their respective roles properly, and for which the roles of the businesses concerned are deemed important in establishing a sound material-cycle society from the viewpoints of the design of such products, containers, etc, the selection of their raw materials, and the collection, etc. of such products, containers, etc. when they have become recyclable resources, the State shall, after taking the technological difficulty in disposing of the recyclable resources concerned, the possibility of recycling of such resources, etc. into consideration, take necessary measures so that the businesses engaged in manufacturing, selling, etc. of such products, containers, etc. may collect such products, containers, etc. which have become recyclable resources, or deliver such recyclable resources collected, or make appropriate recycling of such recyclable resources collected.
4. The State shall, with regard to the recyclable resources the recycling of which is technologically and economically possible and the promotion of recycling of which is deemed important in establishing a sound material-cycle society, take regulatory and other necessary measures so that the businesses able to recycle such recyclable resources in their business activities may recycle them appropriately.
Article 19. (Promotion of Use of Recycled Articles)
In order to contribute to the increase in demand for recycled articles, the
State shall take the lead in making use of recycled
articles and take necessary
measures so that the use of recycled articles by local governments, businesses
and the public may
be promoted.
Article 20. (Promotion, etc. of Prior Evaluation of Products, Containers,
etc.)
Taking the degree of environmental load by the recycling and disposal of recyclable
resources into consideration, the State
shall take technological support and
other necessary measures to help businesses, in manufacturing, processing or
selling of
goods or in other business activities, make their own evaluation
beforehand of the matters listed in the following Subparagraphs
with regard
to the products, containers, etc. involved in their business activities, and
based on such evaluation results,
devise various means to reduce environmental
load related with such products, containers, etc., so that such products, containers,
etc. may be restrained from becoming wastes, etc., that the recycling of such
products, containers, etc. when they have become
recyclable resources may be
promoted and that the environmental load by the recycling and disposal of them
may be reduced:
(1) The matters relating to the durability of the products, containers, etc. involved in their business activities;
(2) The matters relating to the difficulty in recycling and disposing of the products, containers, etc. involved in their business activities when they have become recyclable resources;
(3) The matters relating to the weight or volume of the products, containers, etc. involved in their business activities when they have become recyclable resources;
(4) The matters relating to the kinds and quantities of the substances contained in the products, containers, etc. involved in their business activities, feared to cause damage to the human health or life environment (including properties closely related with human life, and animals & plants and their habitats closely related with human life), and the matters relating to the degree of environmental load by the disposal of such products, containers, etc. when they have become recyclable products.
2. The State shall take regulatory and other necessary measures to ensure that businesses will provide information on the materials or substances of the products, containers, etc. involved in their business activities, the methods of disposal of them, and other matters, necessary for such products, containers, etc. to be restrained from becoming wastes, etc. or to be recycled or disposed of when they have become recyclable resources, to other businesses recycling and disposing of them and the public.
Article 21. (Prevention of Obstacles to Environmental Conservation)
The State shall take regulatory and other necessary measures to control the
discharge of substances causing environmental pollution
(pollution as defined
in the Article 2, Paragraph 3, of Fundamental Environment Law), in order to
restrain raw materials, etc.
from becoming wastes, etc. and prevent obstacles
to environmental conservation in recycling and disposing of recyclable resources.
Article 22. (Measures such as Removal of Obstacles to Environmental
Conservation)
In the case where the recycling and disposal of recyclable resources are recognized
to cause obstacles to environmental conservation,
the State shall take necessary
measures to require any businesses, who have used, disposed of or discharged
such recyclable
resources causing obstacles to environmental conservation, to
bear the expenses necessary to treat such recyclable resources properly,
remove
such obstacles to environmental preservation, and restore the environment concerned
to the original state. In this case,
the State shall take necessary measures,
including the foundation of a fund contributed by businesses, etc., so that
the expenses
may be paid even when the businesses concerned cannot bear such
expenses because of their lack of financial resources, inability
to determine
their liability, etc.
Article 23. (Economic Measures to Restrain Raw Materials, etc. from
Becoming Wastes, etc.)
In order to help businesses, who are engaged in manufacturing or processing
of products, etc., or recycling, disposal, collection
or transport of recyclable
resources, improve their facilities for effective use of raw materials, expand
their facilities
for manufacturing recycled articles, or take other suitable
measures to restrain raw materials, etc. from becoming wastes, etc.
or to make
proper recycling and disposal of recyclable resources, the State shall make
efforts to take necessary measures to
give them necessary and proper economic
assistance, taking their economic situations, etc. into consideration.
2. With regard to the policies to urge businesses and the public, by imposing appropriate and fair economic burdens, to take actions contributing to the restraint of products, containers, etc. from becoming wastes, etc. or the appropriate and smooth recycling or disposal of products, containers, etc. when they have become recyclable resources, the State shall make proper surveys and studies on any possible effects, influences on the Japanese economy, etc. if any measures under such policies are taken, and shall make efforts to gain understanding and cooperation from the public for establishing a sound material-cycle society by making use of such policies and measures if it is necessary to introduce them.
Article 24. (Construction of Public Facilities)
The State shall take necessary measures to promote the construction of public
facilities (including mobile facilities) available
for the recycling, disposal,
collection or transport of recyclable resources, and other public facilities
contributing to the
establishment of a sound material-cycle society.
Article 25. (Measures to Ensure Proper Policy-Making, etc. by Local
Governments)
The State shall take necessary measures to ensure the policies for establishing
a sound material-cycle society, including those
on the recycling and disposal
of recyclable resources, will be appropriately made and implemented by local
governments.
Article 26. (Financial Measures, etc. to Local Governments)
The State shall make efforts to take necessary financial and other measures
on the expenses for local governments to make and
implement their policies for
establishing a sound material-cycle society.
Article 27. (Promotion, etc. of Education and Learning on the Establishment
of a Sound Material-Cycle Society)
The State shall take necessary measures for the improvement of publicity and
the promotion of education and learning on the
establishment of a sound material-cycle
society, in view of the fact that it is indispensable to get understanding and
cooperation
from businesses and the public in order to facilitate the transformation
into a sound material-cycle society.
Article 28. (Measures to Encourage Voluntary Activities by Non-Government
Organizations, etc.)
The State shall take necessary measures to encourage voluntary activities for
establishing a sound material-cycle society by
businesses, the public, or non-government
organizations organized by them (called "non-government organizations, etc."
in the
following Paragraph), including such activities as collecting recyclable
resources, organizing gatherings for transfer or exchange
of recyclable resources,
and indicating what is contributing to the recycling and disposal of products,
containers, etc. when
they have become recyclable resources.
2. The State shall make efforts to properly provide necessary information on the establishment of a sound material-cycle society, including information on the occurrence of recyclable resources and the state of recycling and disposal of them, to help promote voluntary activities by the non-government organizations, etc. for establishing a sound material-cycle society, as mentioned in the preceding Paragraph.
Article 29. (Conduct of Surveys)
The State shall conduct necessary surveys to prepare and implement appropriately
the policies and measures for establishing
a sound material-cycle society, including
surveys of the occurrence, recycling and disposal of recyclable resources, their
outlook for the future, or environmental impact of disposal of recyclable resources.
Article 30. (Promotion of Science and Technology)
The State shall promote the development of science and technology on the establishment
of a sound material-cycle society, including
methods for evaluating the degree
of environmental load resulting from the recycling and disposal of recyclable
resources,
and technologies for restraining products, etc. from becoming wastes,
etc. or for appropriate recycling and disposal of recyclable
resources.
2. The State shall take necessary measures, including improvement of research systems, promotion of research and development activities, dissemination of its results, and training of researchers, to promote the development of science and technology on the establishment of a sound material-cycle society.
Article 31. (Measures for International Cooperation)
The State shall take necessary measures to promote international mutual cooperation
on the establishment of a sound material-cycle
society, including securing international
cooperation on the recycling and disposal of recyclable resources, in view of
the
importance of establishing a sound material-cycle society under the international
cooperation.
Section 2. Policies of Local Governments
Article 32.
Local governments shall implement, with the aim of the comprehensive and systematic
promotion of, the necessary policies and
measures for establishing a sound material-cycle
society according to the natural and social conditions of the local governments'
jurisdiction.
Article 1. (Date of Enforcement)
This Law shall enter into force on the day of its promulgation except for the
provision of the Articles 15 and 16, which shall
enter into force on the 6th
of January, 2001. (The rest omitted)
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