Offshore Wind Worldwide 2022 edition - Flipbook - Page 122
122
Hogan Lovells
Japan
a Promotion Zone should initiate a
consultation process with the fishery
trade associations that are members of
the Council in order to determine
whether an offshore wind facility could
cause any adverse impacts on the
fishery activities on the relevant site. If
any adverse impacts are identified
through the consultation process, the
government will not designate the site
as a promotion zone.
n)In addition, if a study of a potential site
shows that there will be an adverse
impact on the fishery trade, METI,
MLIT and the local stakeholders will
avoid forming a Council for that site.
o)No conflict with any other laws
concerning the sea area/areas of water
to be designated
p)Confirmation with the relevant
administrative bodies will be necessary
to determine that no conflicts exist with
either (i) the fishing ports designated
by mayors, municipal or prefectural
governors, or the Minister of
Agriculture, Forestry & Fisheries under
the New Act in relation to the
development of fishing ports and
grounds or (ii) the port areas
designated by the PHA, the coastal
preservation areas designated by the
Coast Act (Act No. 101 of 1956) or the
low water line preservation areas
stipulated by the New Act in relation to
the preservation of low water line and
maintenance of base facilities to
promote the preservation and use of the
exclusive economic zone and the
continental shelf.
rocedures for designating promotion
2. P
zones
The New Act states that to designate an
area as a promotion zone, METI and MLIT
must investigate and confirm that the
relevant area conforms to the required
standards for designation. They do this in
consultation with the heads of the relevant
administrative bodies and by collecting the
opinions of the mayors of the relevant
prefecture. Once an area is designated,
METI and MLIT jointly issue and circulate
a public announcement on its designation
as a Promotion Zone.
The specific steps METI and MLIT take to
designate an area as a promotion zone are
as follows:
a)collect various available information
known about the area (for example,
information which may evidence
conformity to the criteria for promotion
zones);
b)select prospective zones with a view to
achieving designation quickly and
efficiently;
c)form a Council;
d)conduct detailed investigations into
those prospective zones which have
been confirmed as conforming to the
required standards for designation; and