Osaka University Noriko Okubo

1. The Development of Japansese Legal System for Public Participation in Land Use and environmental matters Osaka UniversityNoriko Okubo

2. Today’s Topic ・After Rio Summit, Japan has experienced a remarkable development in PP system in environmental matters. ・However, there have been still some criticisms of its effectiveness. ・What are reasons? ・How to improve?

3. Summary 1 One characteristic of the Japanese participation system is its voluntary-based approach. 2 There have been remarkable legal reforms to increase public participation since the 1990s. 3 Despite various good practices, there are still some criticisms of the effectiveness of public participation. 4 One of the weak points of the Japanese system is the lack of a rights-based approach as introduced by the Aarhus Convention. 5 The rights-based approach and voluntary-based approach should be appropriately combined.

4. My garden: What is this well?

5. Japanese Environmental Cooperation Model ・In Japan, public participation (PP) is embodied in strong local initiatives and effective voluntary approaches. ・There have been a considerable number of good examples of collaborative activities. ・However, they were  aided neither by government agencies nor by any official frameworks.  

6. New Trend of Environmental Policy ・After the Rio Conference in 1992 Japanese government has recognized the importance of public participation. ・Basic Environmental Lawin1993 Environmental burden generated by socio-economic activities shall be reduced as much as possible through voluntary activities ・ First Basic Environmental Plan in 1994 Public participation by all concerned: one of four long-term objectives

7. Japan Fund for Global Environment (JFGE) ・ Established in 1993 ・ Supporting environmental NGOs in Japan and developing countries Photo : http://www.erca.go.jp/jfge/

8. GEOC and EPO ・Global Environmental Outreach Centre and the Environmental Partnership Office were established in cooperation with the UN University in 1996. Photo : http://www.geoc.jp/

9. Environmental Education ・The Act on the Promotion of Environmental Conservation Activities through Environmental Education was enacted in 2003. ・In 2011, this act was revised. Article 1 specifies promotion of partnership among various groups as key for sustainable development and established various legal schemes for fostering collaboration, such as partnership agreement.

10. General Trend in Japan (1) ・Strengthening legal system for PP: not only an isolated trend in the field of environment. Two Reasons Natural disasters After the Hanshin-Awaji and Great East Japan Earthquake, a wide range of the public could recognize important role of NPO’s activities. Act to Promote Specified Non-Profit Activities in 1998

11. General Trend in Japan (2) (2) Decentralization in 2000 ・Local governments have begun to establish their own basic ordinances for self-governance, public participation and partnership. ・Now, approximately 30% of the local governments have basic ordinances which work as legal framework for PP.

12. New Measures for Promotion of Public Participation

13. Councils and proposal systems ・ Since the early 1990s, various councils, proposal and agreement systems have been legally introduced. http://www.env.go.jp/nature/saisei/network/relate/li_3.html

14. New Consultation System ・Law for the Promotion of Nature Restoration of 2005 5 principles Preservation of biological diversity Promotion of participation Science-based project implementation Adaptive management Promotion of environmental education

15. Consulting System ・NPOs, land owners, governmental agencies may call for a community-based project for nature restoration, and organize a Consulting Committee for Nature Restoration. ・Task of Committee (1) Formulation of overall plan for nature restoration (2) Discussion of draft for the implementation plan ・Task of Organizer of the Committee Drawing up the final implementation plan and executing it in coordination with the Committee

16. Characteristics of Consulting System ・NGOs can organize a Committee and run the restoration project as a community-based one. ・Task of the Committee Not only limited to discuss the plan, Also committing actively to its implementation process. Committee is a platform for the continuous monitoring and sustainability ensuring of a project based on adaptive management.

17. Agreement system ・ Typical legal instrument for the promotion of voluntary activities ・ Classical one: Building Agreement (Building Standard Law) ・ Recently, some national laws (ex. Landscape Act in 2004) haveestablished agreement systems involving individuals, NPOs etc. ・ Scenic Landscape Preservation Agreement based on the Natural Park Act revised in 2002 Park Management Organizations may arrive at an agreement with the landowners to manage a specified area.

18. Characterstic of Agreement Syatem Merit ・To bind succeeding landowners and leaseholders when they are approved and publicly announced by the administrative agency Promoting and supporting conservationist initiatives by the landowners and NPOs under the support, intermediation and coordination of administrative agencies

19. Reform of PP in EIA and Land Use Law

20. EIA Law in 1997 and Public Participation The EIA Law expanded public participation compared with the Cabinet EIA in 1984. New regulation sets forth two opportunities to submit opinions (at the scoping and draft stage) instead of one. Anyone can submit an opinion because submitters are no longer required to be local residents. Although many local governments hold public hearings before they submit their opinions in the EIA procedure, the EIA Law require briefing session and not public hearings.

21. Revision of EIA Law in 2011 ・Revision of EIA Law in 2011 Introduction of EIA procedure at the planning stage: Primary Environmental Impact Consideration ・Making it possible to considerate alternatives for location

22. Reform of legal system for land use and infrastructure improvement ・ Public works have been one of the main causes of environmental degradation. ・Lack of PP for basic plan for national land development Needs for reform (1) National Spatial Planning Actin 2005 (2) Priority Plan Act for Social Infrastructure Development in 2003 The Minister of Land and Infrastructure shall take necessary measures to reflect the opinions of the public, as well as confer with the Minister of Environment.

23. Revision of some sectoral laws concerning land use and infrastructure ・Most important reform: Rivers Act ・For decades, protests against construction of dam Revision in 1997 ・Environmental conservation: Fundamental task of river administration ・ Introduction of PP: River Improvement Plan River administratorsshall take necessary measures, such as public hearings, to reflect the opinion of the people concerned whenever necessary.

24. Proposal system for planning Grassroots activities for the community development Poor provisions on public participation in the field of city planning Planning Act in 2002: proposal system Purpose: to attract private initiatives Landowners and NPOs may propose to the local governments the revision of the city plans Past Now

25. What are the challenges?

26. some criticisms from both the public and Administration ・Public: Our opinions have never been reflected in public policies, no matter how much efforts they had made to participate in such discussion process. ・ Administration: No innovative ideas are submitted, no matter how much effort and time are put into the participation procedures. People have begun to question the effectiveness of cooperative measures to build a sustainable society.

27. Inadequate stage for PP ・Most interested issue for the public: location and route of dams, highways etc. No PP at this decision stage ・Basic plan concerning land development Not indicating concrete details of a certain project. ・The revised EIA Law introduced Primary Environmental Impact Consideration that was put into force in 2013. In this sense, its implementation and effectiveness still remain to be evaluated.

28. PP for collecting information? ・ Aarhus Convention (1) Guarantee of the right of PP in decision-making. (2) The public concerned has access to a review procedure, to challenge the substantive and procedural legality of any administrative decision. ・Japanese Government/Case Law (1) Purpose of PP: collecting environmental information for better decision (2) Procedural defect of PP: No admission of legal standing for the public. Negligence or inefficient consideration of the public comments

29. No efficient legal support system for PP ・New legal measures for PP: introduced ・However, lack of effective support system to utilize ・Typical example: Nature Restoration Legally possible for NPOs, to organize Consulting Committee However, lack of financial resources to manage Committee and implement the project. Organizer: usually administrative agency Alternative proposal: difficult

30. Disparities of participation level ・ Most of new PP measures: No minimum requirements Disparities by field and agency Wide discretion of administrative agencies (2) Disparities by local government Some local governments introduced own PP system and various support measures to promote PP, others not.

31. Need for new approach Combination of Voluntary approach + Rights-based approach at the local level

32. Dziękuję Thank you for your attention