1. Reasons for Amendment

A. Disaster impact assessments: The Act prescribes that the disaster impact of a development project, etc., shall be forecast/analyzed and measures to reduce the impact shall be established before a development project, etc., can be authorized/permitted, and requires these measures to be implemented at the site of the development project. However, on-site compliance has been inadequate and this Amendment aims to improve the effectiveness of the system by ensuring the on-site implementation of reduction measures.

B. Prevention of flooding in underground spaces: The Amendment clarifies the scope of establishment of flood control standards and specifies the obligation to install flood prevention systems as prescribed in the current Act, thereby aiming to ensure compliance with the system.

2. Major Provisions

A. Prescribe mandatory completion of disaster impact assessment-related training for persons in charge of management (Article 6)

  1) Persons in charge of management have the responsibility to keep and manage a maintenance register for disaster reduction facilities, but disaster impact assessment compliance checks have found multiple instances of non-compliance on site.

  2) Accordingly, the Amendment requires persons in charge of management to complete training on disaster impact assessments and methods of compliance, thereby ensuring that reduction measures, etc., are implemented at the development stage with the aim of preventing disasters that may be caused by development projects.

B. Clarify the scope of establishment of flood control standards (Article 17)

  1) The current Act only prescribes that metropolitan electric railways shall be subject to the establishment of railway-related flood control standards, making it necessary to clearly specify the targets as railroad and urban railroad facilities.

  2) Thus, the Amendment clearly specifies that railroad facilities and urban railroad facilities shall establish flood control standards to prevent flooding in underground spaces, thereby aiming to prevent flood damage in underground spaces.

C. Installation and management of flood prevention systems (Article 17-2)

  1) The Act requires buildings in flood prone areas to be designed in accordance with flood control standards, including flood prevention systems, but compliance is poor due to a lack of penal provisions for non-compliance.

  2) Accordingly, the Amendment requires flood prevention systems to be installed in facilities subject to the establishment of flood control standards and prescribes compulsory maintenance, thereby aiming to prevent flooding.

D. Separate conclusion of contracts for conducting affairs by proxy regarding consultations on disaster impact assessments (Article 38)

  1) The Decree requires contracts for conducting affairs by proxy to have consultations on disaster impact assessment, etc., to be concluded separately from the establishment of the corresponding administrative plan and any contracts associated with the development project. However, unlike other systems (environmental impact assessments, traffic impact assessments, etc.), the provisions are prescribed in the Decree despite the importance of the affairs.

  2) Thus, the Amendment prescribes in the Act that contracts for conducting affairs by proxy to have consultations on disaster impact assessments, etc., shall be concluded separately, thereby aiming to contribute to the assurance of impartiality and independence of outsourced work, such as disaster impact forecasting/analysis and the establishment of reduction measures.