These Standards are determined pursuant to Article 5, Paragraph 2 of the Environmental Impact Assessment Act (herein referred to as this Act
).
The specific items and scope of environmental impact assessments to be conducted with respect to development activities prohibited under relevant laws and regulations are to be determined according to these Standards.
Where one of the following circumstances applies with respect to the establishment of a factory, an environmental impact assessment shall be required:
The new establishment of, or addition of a production line to, or expansion of the production capacity of an industrial enterprise engaged in metals smelting, petroleum refining, the production or manufacture of basic petrochemicals, pulp, cement, agricultural chemicals, coke products, titanium dioxide or heavy metal stearate stabilizers, which falls under one of the following circumstances:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The increase in production capacity exceeds ten percent. In the event, however, that the proposed expansion does not incur any increase in the overall output volume of air pollution, water pollution or discarded wastes, and documentary evidence to this effect is submitted to the competent authority as well as to the industry competent authority, and their approval is granted, an exemption from an environmental impact assessment may be granted.
The new establishment of, or expansion of the production capacity of, an industrial enterprise of any of the following types: dyestuffs and pigments, leather, wool, paper, lime, fertilizers, acids and alkali, active carbon, asphalt mix and ready-mix concretes, asbestos, intermediate petrochemical materials, resins, plastics and rubber manufacture, synthetic fibers, textiles dyeing and finishing, electroplating and anodizing, waste processing, fermentation, battery manufacture involving nickel, cadmium, lead or mercury, printed circuit boards, semiconductors, acetylene manufacture, basic chemical manufacture of potassium cyanide, sodium cyanide or other cyanides, manufacture of automobiles or motorcycles, of ships or aircraft, manufacture of polymer crosslinking agents, environment sanitation agents, human-use drug elements or grinding of cement clinkers, which falls under one of the following circumstances:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area. This requirement does not apply, however, with respect to factories constructed in industrial zones prior to the promulgation and entry into effect of this Act, and of which the effluent drains conduct waste outside a tap-water water source quality and volume protection area, insofar as the increase in production capacity does not exceed 20% and an intake certificate has been duly obtained from the waste-water treatment plant of the said industrial zone.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
Located on urban land, and the area covered by the development application is greater than five hectares, or the aggregate surface area of separate expansion zones exceeds five hectares.
Located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
The new establishment of, or expansion of the production capacity of, any other factory to which the descriptions in the foregoing subparagraphs 1, 2, 3 or 5 apply.
Where the provisions of Items 5 through 7 of subparagraph 2 of the foregoing paragraph, or of subparagraph 3 with respect to mountain slope areas, apply, the surface area allowances for factory establishment or expansion are doubled in applications for sites located in industrial zones or export processing zones for which an environmental impact assessment has already been completed.
Where one of the following circumstances applies with respect to the development of an industrial zone or biotechnology park, an environmental impact assessment shall be required:
The site is located in a national park;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir;
The site is located in a tap-water water source quality and volume protection area;
The site is located in an aboriginal reserve;
The site is located in tidal flats;
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare;
The site is located on urban land, and the area covered by the development application is greater than 2.5 hectares, or the aggregate surface area of separate expansion zones exceeds 2.5 hectares.
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
Where one of the following circumstances applies with respect to the construction of a road, an environmental impact assessment shall be required:
The construction is of a freeway or expressway.
The construction is of a new roadway or an extension to an existing freeway or expressway, or of a new access road or interchange, and one of the following conditions applies.
The site is located in a national park and exceeds 2.5 kilometers in length, or involves displacement of earth in excess of 50 thousand cubic meters.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a mountain slope area and exceeds 5 kilometers in length, or involves displacement of earth in excess of 100 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 kilometers in length, or involves displacement of earth in excess of 50 thousand cubic meters;
The site is located on non-urban land and exceeds 10 kilometers in length.
A roadway, freeway or expressway is being widened, and one of the following conditions applies.
The site is located in a national park and exceeds 2.5 kilometers in length, or involves displacement of earth in excess of 50 thousand cubic meters;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a mountain slope area and the roadway is to be widened by the addition of one or more vehicle lanes for 5 kilometers or more, or involves displacement of earth in excess of 50 thousand cubic meters;
Located on non-urban land and the roadway is to be widened by the addition of one or more vehicle lanes for 10 kilometers or more.
A new elevated roadway, bridge or cloverleaf, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
A roadway of 5 kilometers or more in length.
A new tunnel or underground roadway to which the provisions of items 1, 2 or 3 of the foregoing subparagraph apply, or which exceeds 1 kilometer in length.
Where one of the following circumstances applies with respect to the construction of a railway, an environmental impact assessment shall be required:
The construction is the new construction or widening of a high-speed railway.
The construction is the new construction or widening of a railway other than a high-speed railway, and one of the following conditions applies.
When the site is located in a national park and exceeds 2.5 kilometers in length, or involves displacement of earth in excess of 50 thousand cubic meters;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
A roadway of 5 kilometers or more in length.
The construction is of an elevated roadway, bridge or elevated intersection for a new railway, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
Thes site is a roadway of 5 kilometers or more in length.
The construction is of a new railway tunnel or underground railway to which the provisions of items 1, 2 or 3 of the foregoing subparagraph apply, or which exceeds 1 kilometer in length.
The construction is of an engine shed, or the construction or expansion of marshalling yards, for a railway, and one of the following conditions applies.
The site is subject to the provisions of items 1, 2 or 3 of subparagraph 3;
The site is located in a tap-water water source quality and volume protection area;
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located on urban land, and the area covered by the development application is greater than five hectares, or the aggregate surface area of separate expansion zones exceeds five hectares;
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
Where one of the following circumstances applies with respect to the construction of a mass rapid transit system, an environmental impact assessment shall be required:
The construction of a mass rapid transit system.
The expansion of a mass rapid transit system involving a ground-level extension of 5 kilometers or more, an elevated extension of 5 kilometers or more, or an underground extension of 1 kilometer or more.
The construction of an engine shed, or the construction or expansion of marshalling yards, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located on urban land, and the area covered by the development application is greater than five hectares, or the aggregate surface area of separate expansion zones exceeds five hectares.
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
Where one of the following circumstances applies with respect to the construction of a harbor, an environmental impact assessment shall be required:
The construction is of a commercial, military, fishing or industrial harbor.
The construction or expansion of a yacht marina, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area.
The site is located in an aboriginal reserve;
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare.
The site is designed to accommodate the moorage of one hundred or more vessels, or where the aggregate total of moorage places in separate development projects for a single location exceeds two hundred vessels.
The expansion of a commercial, military, fishing or industrial harbor, or the construction or expansion of cargo loading or unloading facilities or other special facilities located outside a commercial port area, and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of the foregoing subparagraph.
The construction is of a dock or breakwater that exceeds 5 hundred meters in length;
The area of land to be reclaimed from the sea exceeds 10 hectares.
Where one of the following circumstances applies with respect to the construction of an airport, an environmental impact assessment shall be conducted:
The construction is of an airport.
The construction involves the extension of a runway by 5 hundred meters or more, or the displacement of a runway.
The construction is the expansion of airport terminals and the surface area to be developed exceeds 5 hectares.
The project is the construction or expansion of a civil airport (or heliport), and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in an aboriginal reserve;
The site is located in a tap-water water source quality and volume protection area.
The site is one for which development covers a surface area of one hectare or more, or which handles more than twenty flights per day.
The construction or expansion of aircraft maintenance hangars, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in an aboriginal reserve;
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is one for which the development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 2.5 hectares.
Subparagraph 4 of the foregoing paragraph does not apply to those civil airports which are located at large general hospitals and are specifically for the use of helicopters engaged in emergency flights for rescue or medical treatment.
Where one of the following circumstances applies with respect to the extraction of earth and gravel, an environmental impact assessment shall be conducted:
There is extraction or amassing of earth or gravel, or expansion of quarry operations, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in an aboriginal reserve;
The site is located in the water catchment area of a dam or reservoir;
The site is located in a mountain slope area, and the area of land the application addresses is greater than five hectares (including the surface area of any roadways that must be built); or is in a riverbed and the area of extraction extends for 5 hundred meters or more along the river; or is where an amassment of earth or gravel exceeds a volume of 50 thousand cubic meters, or where an extraction exceeds a volume of 800 thousand cubic meters; or when the site is located within a tap-water water source quality and volume protection area and has a surface area in excess of 2.5 hectares, or is in a river bed in such an area and the area of extraction extends for 250 meters or more along the river, or is where an amassment of earth or gravel exceeds a volume of 25 thousand cubic meters, or where an extraction exceeds a volume of 400 thousand cubic meters.
The development application covers an area of 10 hectares or more, or is in a riverbed and the area of extraction extends for 1,000 meters or more along the river, or where an extraction exceeds a volume of 400 thousand cubic meters.
The application is for the expansion of an extraction zone by an area of 5 hectares or more, or is in a riverbed and the expanded extraction zone extends for 500 meters or more along the river.
Extraction zones are located in a mountain slope area, and one of the following conditions is present, the respective surface areas of the various extraction sites shall be added together, and when this aggregate figure falls within the scope set out in item 5 above, these sites shall be grouped under one application:
The extraction sites are within one lot under the same land number.
The extraction site land numbers are adjacent to or connected to one another.
The horizontal distance between extraction sites in a same watershed is within a range of 500 meters.
Extraction zones are located in a non-mountain-slope area but within a tap-water water source quality and volume protection area, and one of the following conditions is present, the respective surface areas of the various extraction sites shall be added together, and when this aggregate figure falls within the scope set out in item 6 above, these sites shall be grouped under one application:
The extraction sites are within one lot under the same land number.
The extraction site land numbers are adjacent to or connected to one another.
The horizontal distance between extraction sites in a same watershed is within a range of 500 meters.
The extraction site is located in a marine area and the area exceeds 10 hectares, or where the extraction exceeds a volume of 500 thousand cubic meters.
The construction or expansion of the sizing and washing plant of an earth or gravel extraction operation, and one of the following conditions applies:
The project is subject to the provisions of item 1, 2 or 3 of the foregoing subparagraph;
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare.
The site is one for which the development application covers a surface area of 10 hectares or more, or the aggregate surface area of separate expansion zones exceeds 10 hectares.
Any government-approved dredging projects that fall under subparagraph 1 of the foregoing paragraph shall be conducted in accordance with the provisions of Article 14, subparagraph 2.
When two or more applications for earth and gravel extraction areas are made at the same time, and any of the conditions described in paragraph 1, subparagraph 1, items 8 or 9 are present, and in addition the aggregate surface area of the development application falls within the scope set out in paragraph 1, subparagraph 1, item 5 or 6, then an environmental impact assessment shall be conducted for each such extraction area.
Where one of the following circumstances applies with respect to a mining exploration or extraction operation, an environmental impact assessment shall be conducted:
There is development or expansion of mining exploration or extraction operations, and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in an aboriginal reserve;
The site is located in a mountain slope area, and the area of land that the application addresses for approval of mining is greater than two hectares (including the surface area of any access roadways that must be built), or is in a riverbed and the area of exploration or extraction extends for 1 kilometer or more along the river; or when the site is located within a tap-water water source quality and volume protection area and has a surface area in excess of 1 hectare (including the surface area of any access roadways that must be built), or is in a riverbed and the area of exploration or extraction extends for 500 meters or more along the river.
The site is under application for mining use is an area of land greater than five hectares (including the surface area of any access roadways that must be built).
The site is under application for the expansion of mining use is an area of land greater than five hectares (including the surface area of any access roadways that must be built).
When sites under application for mining use or the expansion of mining use are located in a mountain slope area, and one of the following conditions is present, the respective surface areas of the various sites shall be added together, and when this aggregate figure falls within the scope set out in item 5 above, these sites shall be grouped under one application:
The sites under application for mining use or expansion thereof are located within one lot under the same land number.
The land numbers of the sites under application for mining use or expansion thereof are are adjacent to or connected to one another.
The horizontal distance between sites under application for mining use or expansion thereof within a single mining area is within a range of 500 meters.
The construction or expansion of mine smelting or sizing and washing plants, and one of the following conditions applies.
The project is subject to the provisions of items 1, 2, or 3 of the foregoing subparagraph;
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare.
The site is one for which the development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 5 hectares.
When two or more applications for the development or expansion of mining areas are made at the same time, and any of the conditions described in subparagraph 1, item 7 of the foregoing paragraph are present, and in addition the aggregate surface area of the development application falls within the scope set out in subparagraph 1, item 4 of the foregoing paragraph, then an environmental impact assessment shall be conducted for each such mining area.
Applications for the development or expansion of mining areas under paragraph 1, subparagraph 1 are subject to a prior overall environmental impact assessment of the Mining District to which the area belongs.
Where one of the following circumstances applies with respect to the development of a reservoir, an environmental impact assessment shall be conducted:
When a reservoir is to be built and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
When the project features a retaining dam wall of 15 meters or more in height, or a volume of water stored in excess of 5 million cubic meters; when in a tap-water water source quality and volume protection area, these figures are reduced to a retaining dam wall of 7.5 meters or more in height, or a volume of water stored in excess of 2.5 million cubic meters.
When the expansion of a reservoir or raising of sluice channels falls within the scope of items 1 or 2 of the foregoing subparagraph, or when the retaining dam is raised by 2 or more meters.
When the work involves cross-boundary channeling.
Where one of the following circumstances applies with respect to water supply development, an environmental impact assessment shall be conducted:
There is pumping or channeling of water, and the volume of surface water pumped or channeled exceeds 2 cubic meters per second, or the volume of underground water pumped or channeled exceeds 0.2 cubic meters per second. This restriction does not apply to the pumping of seawater for cooling purposes or to water channeled for agricultural irrigation.
A seawater desalination plant treats a daily volume of 1 tonne or more.
One of the following circumstances applies to a water treatment plant or industrial water supply treatment plant:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The volume of water treated per day exceeds 200,000 cubic meters.
Where plants falling under items 1 or 2 of the foregoing paragraph are simple water treatment facilities, exemption from an environmental impact assessment may be granted with the approval of the competent authority and the industry competent authority.
Where works falling under items 1 or 2 of subparagraph 1 are temporary pumping or channeling projects undertaken for the immediate relief of drought, exemption from an environmental impact assessment may be granted with the approval of the competent authority and the industry competent authority.
Where one of the following circumstances applies with respect to the development of flood control and drainage systems, an environmental impact assessment shall be conducted:
River channel modification project. This does not apply to such modifications as occur naturally.
River channel dredging projects that extend for 50 kilometers or more along a river, or dredging projects in a single river and its tributaries of an aggregate length of 50 kilometers or more, or dredging projects in a single river system of an aggregate length of 15 kilometers or more.
The construction or expansion of flood control and drainage systems (including those associated with irrigation projects) , and one of the following conditions applies.
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
A single drainage waterway extends along a river for 10 kilometers or has a total length of 20 kilometers or more.
River embankment projects that extend for 10 kilometers or more along a river, or embankment projects in a single river and its tributaries of an aggregate length of 20 kilometers or more, or embankment projects in a single river system of an aggregate length of 30 kilometers or more.
Where one of the following circumstances applies with respect to the development of agricultural, forestry, fishing or grazing lands and the establishment in such areas of recreational farms, processing plants for agricultural products or agro-industrial science parks, an environmental impact assessment shall be conducted:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area and exceeds 10 hectares in area, or the development involves displacement of earth in excess of 100 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 5 hectares in area, or involves displacement of earth in excess of 50 thousand cubic meters;
The development application covers a surface area of 30 hectares or more, or the aggregate surface area of separate expansion zones exceeds 10 hectares.
Where one of the following circumstances applies with respect to logging operations in forest lands, an environmental impact assessment shall be conducted:
The site is located in a wildlife preserve or an important wildlife habitat environment;
Clear-cut logging is to be conducted over an area of 4 hectares or more.
This stipulation does not apply to logging conducted in plantation forests on lowland plains.
Where one of the following circumstances applies with respect to the new development of fish-raising ponds or pools, an environmental impact assessment shall be conducted:
The site is located in a wildlife preserve or an important wildlife habitat environment;
The site is located in an underground water control area, and the area of land the application addresses is greater than 25 hectares;
The area of land to be developed exceeds 50 hectares.
Where one of the following circumstances applies with respect to the establishment of a livestock farming operation on grazing land, an environmental impact assessment shall be conducted:
The site is located in a national park;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare;
The development application covers a surface area of 10 hectares or more, or the aggregate surface area of separate expansion zones exceeds 10 hectares.
Where one of the following circumstances applies with respect to the development of a recreational area, an environmental impact assessment shall be conducted:
A recreational area (including zoological gardens) is to be built or expanded and one of the following conditions applies:
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in a mountain slope area and exceeds 5 hectares in area, or the development involves displacement of earth in excess of 50 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 hectares in area, or involves displacement of earth in excess of 25 thousand cubic meters
The development application covers a surface area of 10 hectares or more, or the aggregate surface area of separate expansion zones exceeds 5 hectares.
A recreational facility area is to be built in a forest recreation area and one of the following conditions applies:
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area and exceeds 5 hectares in area, or the development involves displacement of earth in excess of 50 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 hectares in area, or involves displacement of earth in excess of 50 thousand cubic meters;
Recreational facilities are to be built or expanded in a recreational area of a national park and one of the following conditions applies:
The site is located in a tap-water water source quality and volume protection area.
The development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 2.5 hectares, or the project involves displacement of earth in excess of 50 thousand cubic meters.
Where one of the following circumstances applies with respect to the development of recreational facilities or a sports park in a scenic area, an environmental impact assessment shall be conducted:
The site is located in tidal flats.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area and exceeds 5 hectares in area, or the development involves displacement of earth in excess of 50 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 hectares in area, or involves displacement of earth in excess of 50 thousand cubic meters;
The development area covers 10 hectares or more, or the aggregate expansion area exceeds 5 hectares.
Where one of the following circumstances applies with respect to the construction or expansion of golf course, an environmental impact assessment shall be conducted:
The site is located in a national park;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area and exceeds 10 hectares in area, or the development involves displacement of earth in excess of 100 thousand cubic meters;
The development application covers a surface area of 30 hectares or more, or the aggregate surface area of separate expansion zones exceeds 10 hectares.
Where one of the following circumstances applies with respect to the construction or expansion of sports grounds, an environmental impact assessment shall be conducted:
The site is located in a wildlife preserve or an important wildlife habitat environment;
The site is an indoor ball court or sports complex located in a mountain slope area and exceeds 1 hectare in area, or the development involves displacement of earth in excess of 50 thousand cubic meters;
The site is an indoor ball court or sports complex, and the area of land the application addresses is greater than 3 hectares;
The development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 3 hectares.
Where items covered in the foregoing paragraph are located within school grounds and are designed primarily for the use of students and teachers for educational purposes, they are to be deemed a cultural and educational development.
Where one of the following circumstances applies with respect to a cultural and educational development, an environmental impact assessment shall be conducted:
The construction or expansion of any type of cultural or educational facility (including research or training institutions) and one of the following conditions applies:
The site is located in a national park, and the area covered by the development application is greater than one hectare, or the aggregate surface area of separate expansion zones exceeds one hectare;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area and exceeds 5 hectares in area; or is located in a tap-water water source quality and volume protection area and exceeds 1 hectare in area.
The development application covers a surface area of 10 hectares or more, or the aggregate surface area of separate expansion zones exceeds 5 hectares.
A livestock area attached to an educational or research institution is to be built or expanded and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located on urban land, and the area covered by the development application is greater than five hectares, or the aggregate surface area of separate expansion zones exceeds five hectares;
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
The construction or expansion of a research institute containing large chemical, pharmaceutical, biological, hazardous or high-energy laboratory facilities, and one of the following conditions applies:
The project is subject to the provisions of items 1, 2 or 3 of the foregoing subparagraph;
The site is located on urban land, and the area covered by the development application is greater than one hectare, or the aggregate surface area of separate expansion zones exceeds one hectare;
The site is located on non-urban land, and the area covered by the development application is greater than two hectares, or the aggregate surface area of separate expansion zones exceeds two hectares;
The construction or expansion of a temple or shrine which falls subject to item 1, 2 or 3 of subparagraph 2 above, or the area covered by the development application is greater than five hectares, or the aggregate surface area of separate expansion zones exceeds three hectares.
Where one of the following circumstances applies with respect to the construction or expansion of medical facilities such as a hospital, nursing home or medical laboratory, an environmental impact assessment shall be conducted:
The site is located in a national park, and the area covered by the development application is greater than one hectare, or the aggregate surface area of separate expansion zones exceeds one hectare;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a tap-water water source quality and volume protection area;
The site is located in a mountain slope area, and the area of land the application addresses is greater than one hectare;
The development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 5 hectares.
Where one of the following circumstances applies with respect to the development of a new urban district, an environmental impact assessment shall be required:
A residential area (including public housing for citizens and/or laborers) is to be built or expanded and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in a tap-water water source quality and volume protection area.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds five hectares.
Construction of a new town;
Application to expand a new town, when the aggregate surface area of the various expansion zones exceeds ten percent of the area of the initial new town development.
Where in applications made under items 1, 3 or 4 of subparagraph 1 of the foregoing paragraph the surface area to be developed is less than one hectare, or amounts to fewer than 100 residential units, or to housing for fewer than 500 persons, an exemption from the requirement to conduct an environmental impact assessment may be granted with the approval of the competent authority and industry competent authority.
Where a residential area as defined in subparagraph 1 of paragraph 1 above is located in a mountain slope area, and the area of land the application addresses is less than one hectare, but when combined with adjoining land is greater than one hectare, an environmental impact assessment shall be conducted when one of the following conditions applies:
When no miscellaneous permit has been obtained: When the lot the application addresses adjoins another lot on mountain slope land upon which a residence is being built but has not yet been completed (application is pending for miscellaneous permits or for a construction permit, or land-preparation work or construction work is under way, or for which a usage permit has not been issued), and where plans for 2 or more projects indicate linking to or the use of the same public facilities, and where the aggregate surface area of these lots is more than 1 hectare, an environmental impact assessment shall be conducted in respect of the new application.
When no construction permit has been issued: When a construction permit has been issued within the preceding year for land adjoining the land the new application addresses, and where plans for 2 or more projects indicate linking to or the use of the same public facilities, and where the aggregate surface area of these lots is more than 1 hectare, an environmental impact assessment shall be conducted in respect of the new application.
When 2 or more applications made originally by different persons have obtained construction permits, but construction has not yet begun, and the applications are altered to be in the name of one person only, and the surface area to be developed is more than one hectare, an environmental impact assessment shall be conducted.
The public facility systems referred to in the foregoing paragraph are drainage systems, wastewater treatment systems or underground parking lots located within the lot.
Where one of the following circumstances applies with respect to the construction of a high-rise building, an environmental impact assessment shall be conducted:
A high-rise building of 30 storeys or more, or 100 meters or more in height.
An office, commercial or general-purpose building, or a building located in a planned urban commercial zone, of 20 storeys or more, or 70 meters or more in height.
Where one of the following circumstances applies with respect to an urban renewal project (including demolition for reconstruction, renovation of old structures, or maintenance and preservation work) an environmental impact assessment shall be conducted:
The site is located in a national park;
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a tap-water water source quality and volume protection area;
The area of land under renewal exceeds 20 hectares.
Where in applications made under subparagraphs 1 or 3 of the foregoing paragraph the surface area under renewal is less than one hectare, or amounts to less than 100 residential units, or to housing for fewer than 500 persons, an exemption from the requirement to conduct an environmental impact assessment may be granted with the approval of the competent authority and industry competent authority.
Where one of the following circumstances applies with respect to constructions related to environmental protection, an environmental impact assessment shall be conducted:
The construction or expansion of a nightsoil treatment plant, and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in a mountain slope area, and the application involves an area of land greater than one hectare.
The average daily treatment volume exceeds 100 tonnes.
The construction or expansion of a sewage treatment plant for a sewage system under the conditions set out in items 2, 3 or 4 of the foregoing subparagraph, or of a sewage treatment plant with an annual service population of 250,000 persons or more.
The construction or expansion of a disposal facility for general waste or general industrial waste, or of a composting site, when one of the following conditions applies:
Any stipulation of items 2, 3 or 4 of subparagraph 1;
The site is located in a mountain slope area and exceeds 2 hectares in area; or is located in a tap-water water source quality and volume protection area and exceeds 1 hectare in area.
The area of land to be developed exceeds 5 hectares.
The site is located in an industrial zone and the average daily waste treatment volume exceeds 100 tonnes.
The site is located on urban land (not including industrial zones) and the average daily waste treatment volume exceeds 50 tonnes.
The site is located on non-urban land (not including industrial zones) and the average daily waste treatment volume exceeds 200 tonnes.
The construction or expansion of a sanitary landfill for general waste or general industrial waste.
The construction or expansion of an incinerator (or recycling plant) for general waste or general industrial waste.
The construction or expansion of a waste transshipment facility and one of the following conditions applies:
Any stipulation of items 1, 2 or 4 of subparagraph 1;
The average daily waste transshipment volume exceeds 100 tonnes.
The construction or expansion of facilities for the intermediate treatment or final disposal of hazardous industrial waste to be disposed of by incineration or burial (not including mobile facilities for such treatment or disposal).
The construction or expansion of facilities for the intermediate treatment or final disposal of hazardous industrial waste to be disposed of by means other than incineration or burial (not including mobile facilities for such treatment or disposal), and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of subparagraph 1.
The site is located in a tap-water water source quality and volume protection area.
The area of land to be developed exceeds one hectare.
The site is subject to the provisions of items 4, 5 or 6 of subparagraph 3 above.
An earth and gravel processing and storage yard (including dumping sites for unneeded earth and gravel), or construction and demolition waste classification and processing facility, when one of the following conditions applies:
The site is subject to the provisions of item 1 or 2 of subparagraph 1.
The site is located in a mountain slope area and exceeds 5 hectares in area, or provides for storage of earth and gravel in excess of 100 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 hectares in area, or provides for storage of earth and gravel in excess of 50 thousand cubic meters;
The area of land to be developed exceeds 10 hectares.
Where sites subject to subparagraphs 3, 4, 5 or 6 of the foregoing paragraph are established for the purposes of emergency processing activities, exemption from an environmental impact assessment may be granted with the approval of the competent authority and the industry competent authority.
Facilities subject to subparagraphs 3 or 8 of paragraph 1 above which are approved by the industry competent authority or announced as providing for the reuse of waste materials, and have applied for a factory establishment registration, are subject to the provisions of Article 3.
Where one of the following circumstances applies with respect to the development of nuclear energy or other energy sources, an environmental impact assessment shall be conducted:
The construction, or expansion with additional generating units, of a nuclear power plant.
The construction, or expansion with additional generating units, of a hydroelectric power plant, and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area.
The amount of power to be generated amounts to 20 thousand kilowatts or more.
The construction or expansion of a thermal power plant, and one of the following conditions applies:
The site is subject to the provisions of item 1 or 2 of the foregoing subparagraph.
The site is located in tidal flats.
The construction involves an amount of electricity to be produced by combustion of natural gas in excess of 300 thousand kilowatts, or by combustion of fuel oil or thermal coal in excess of 150 thousand kilowatts, or by combustion of any other fuel in excess of 100 thousand kilowatts.
The expansion entails an aggregate additional amount of electricity to be produced by combustion of natural gas in excess of 150 thousand kilowatts, or by combustion of fuel oil or thermal coal in excess of 75 thousand kilowatts, or by combustion of any other fuel in excess of 50 thousand kilowatts.
The construction or expansion of a power generator for private usage or of a gas-fired cogeneration facility, and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of subparagraph 2.
The site is located on urban land, and the construction involves an amount of electricity to be produced by combustion of natural gas in excess of 100 thousand kilowatts, or by combustion of fuel oil or thermal coal or any other fuel in excess of 50 thousand kilowatts.
The site is located on urban land, and the expansion involves an aggregate additional amount of electricity to be produced by combustion of natural gas in excess of 50 thousand kilowatts, or by combustion of fuel oil or thermal coal or any other fuel in excess of 25 thousand kilowatts.
The site is located on non-urban land, and the construction involves an amount of electricity to be produced by combustion of natural gas in excess of 200 thousand kilowatts, or by combustion of fuel oil or thermal coal or any other fuel in excess of 100 thousand kilowatts.
The site is located on non-urban land, and the expansion involves an amount of electricity to be produced by combustion of natural gas in excess of 100 thousand kilowatts, or by combustion of fuel oil or thermal coal or any other fuel in excess of 50 thousand kilowatts.
The installation of wind power generation units and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of subparagraph 2.
The site is located on urban land, and the construction or expansion involves an amount of electricity to be produced, or in aggregate, in excess of 25 thousand kilowatts.
The site is located on non-urban land, and the construction or expansion involves an amount of electricity to be produced, or in aggregate, in excess of 50 thousand kilowatts.
The calculation of aggregate amounts of electricity as prescribed in items 2 and 3 of subparagraph 5 of the foregoing paragraph shall incorporate the following:
The amount of generated electricity conducted to a single transformer station (or substation).
Taking the center of the base of any wind power generation unit as the center of a circle, aggregate amount of electricity shall be calculated as the aggregate generating capacity of other wind power generation units within a radius of 20 kilometers.
If a facility subject to items 3 or 4 of subparagraph 3 of paragraph 1, and items 2 through 5 of subparagraph 4 above, is a combined-cycle unit with no addition of auxiliary fuel, its generation volume may be increased by 50 percent.
Where one of the following circumstances applies with respect to the construction of a storage or treatment facility for radioactive nuclear waste, an environmental impact assessment shall be conducted:
The construction or expansion of a storage or treatment facility for radioactive nuclear waste, and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in a mountain slope area, and the application involves an area of land greater than one hectare.
The facility provides storage for 1,000 cubic meters or more, or treatment for liquid wastes in excess of 100 kiloliters per day or of 2 thousand kiloliters per month, or treatment by compression equipment in excess of 20 tonnes per day.
The construction or expansion of an incinerator for radioactive nuclear waste.
A facility for the final disposal of radioactive nuclear waste.
A facility for the interim storage of spent nuclear fuels.
Where one of the following circumstances applies with respect to other development activity, an environmental impact assessment shall be conducted:
The development of an Industrial and Commercial Integrated District (incorporating sub-zones for industrial, logistics, commercial services and exhibitions, maintenance and retail purposes), or the construction or expansion of a retail district or large-scale shopping center, and one of the following conditions applies:
The site is located in a national park.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located in tidal flats.
The site is located on urban land, and the development application involves an area of land greater than 5 hectares.
The site is located on non-urban land, and the development application involves an area of land greater than 10 hectares.
The construction of exhibition, fair or trade show venues subject to items 1, 2 or 3 of the foregoing subparagraph, or the construction of buildings with a floorspace in excess of 30,000 square meters.
The construction or expansion of a cemetery, and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of subparagraph 1.
The site is located in a mountain slope area and exceeds 5 hectares in area; or is located in a tap-water water source quality and volume protection area and exceeds 2.5 hectares in area.
The site is one for which the development application covers a surface area of 5 hectares or more, or the aggregate surface area of separate expansion zones exceeds 2.5 hectares.
The construction or expansion of a crematorium, mortuary or facility for the storage of ashes or skeletal remains which falls subject to items 1, 2 or 3 of subparagraph 1 above, or the area covered by the development application is greater than 2 hectares, or the aggregate surface area of separate expansion zones exceeds one hectare.
The construction or expansion of a slaughterhouse (including both manual and automated slaughterhouses) which is subject to items 1, 2 or 3 of subparagraph 1 above, or the area covered by the development application is greater than one hectare, or the aggregate area of separate expansion zones exceeds one hectare.
Animal shelter facilities and one of the following conditions applies:
Any prescription of items 1, 2, 3 or 4 of subparagraph 1.
The site is located on urban land, and the development application involves an area of land greater than 5 hectares, or the aggregate area of separate expansion zones exceeds 5 hectares.
The site is located on non-urban land, and the area covered by the development application is greater than ten hectares, or the aggregate surface area of separate expansion zones exceeds ten hectares.
The construction of an underground pedestrian mall of one kilometer or more in length or with a constructed floorspace in excess of 150 thousand square meters.
The installation of power transmission lines, where one of the following conditions applies to a 345-kilovolt or 161-kilovolt circuit:
The site is subject to the provisions of items 1 or 2 of subparagraph 1.
The site is located in an aboriginal reserve.
The powerline path extends for 50 kilometers or more.
The construction of cement storage facilities in a port zone.
The construction of natural gas pipelines or oil pipelines which extend over a path of 50 kilometers or more.
The construction or expansion of a nursing home or welfare institution for the elderly (long-term care, residential care or nursing) which is subject to the provisions of items 1 through 3 of subparagraph 6 above.
The construction or expansion of a military base, missile testing range, firing range or radar station, and one of the following conditions applies:
The site is subject to the provisions of items 1 or 2 of subparagraph 1.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a mountain slope area, and the development application involves an area of land greater than 10 hectares.
The construction or expansion of a tourist (recreational) hotel or motel (guest house) and one of the following conditions applies:
The site is located in a national park, and the application involves an area greater than one hectare.
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in tidal flats.
The site is located in a tap-water water source quality and volume protection area.
The site is located in a mountain slope area, and the development application involves an area of land greater than one hectare.
The site is located on urban land, and the area covered by the development application is greater than 5 hectares, or the aggregate area of separate expansion zones exceeds 2.5 hectares.
The site is located on non-urban land, and the area covered by the development application is greater than 10 hectares, or the aggregate area of separate expansion zones exceeds 5 hectares.
The development of a media park and one of the following conditions applies:
The site is located in a wildlife preserve or an important wildlife habitat environment.
The site is located in an aboriginal reserve.
The site is located in tidal flats.
The site is located in a mountain slope area and exceeds 10 hectares in area, or the development involves displacement of earth in excess of 100 thousand cubic meters; or is located in a tap-water water source quality and volume protection area and exceeds 5 hectares in area, or involves displacement of earth in excess of 50 thousand cubic meters.
The development application covers an area of 10 hectares or more, or the aggregate area of separate expansion zones exceeds 10 hectares.
The installation of off-loading facilities (or a port) for liquefied natural gas.
The construction or expansion of a man-made island.
An environmental impact assessment shall be conducted where one of the following circumstances applies with respect to the development of an export processing zone:
The site is subject to the provisions of items 1 or 2 of subparagraph 1.
The site is located in the water catchment area of a dam or reservoir.
The site is located in a tap-water water source quality and volume protection area.
The site is located in a mountain slope area, and the application involves an area of land greater than one hectare.
The site is located on urban land, and the development application covers an area of 10 hectares or more, or the aggregate area of separate expansion zones exceeds 10 hectares.
The site is located on non-urban land, and the area covered by the development application is greater than 20 hectares, or the aggregate surface area of separate expansion zones exceeds 20 hectares.
The decommissioning of nuclear reactor facilities; however, this provision shall not apply to the decommissioning of nuclear reactor facilities used for research purposes.
The development of a crematorium and one of the following conditions applies:
The construction of a crematorium.
The expansion of a crematorium and one of the following conditions applies:
Any prescription of items 1, 2 or 3 of Subparagraph 1.
The aggregate surface area of separate expansion zones exceeds one hectare.
A new crematorium. However, this provision shall not apply where a crematorium is constructed as a replacement on the original site and having the original size.
The construction or expansion of a cable car and one of the following conditions applies:
Subject to the provisions of items 1 and 3 of the subparagraph 8.
The constructed or expanded length is 4 kilometers or more.
Any development activity undertaken in the context of a development (or project) in respect of which review of the environmental impact assessment has been completed,
Development activity (or projects) as described in the foregoing paragraph shall be subject to overall pollution volume controls exercised by the competent authority, and shall submit an annual report to the local competent authority detailing its compliance with the said overall pollution volumes.
Where, in respect of any development activity outlined in Articles 3 through 31 above, a central government competent authority deems it necessary, the said authority may require that an environmental impact assessment be conducted, and shall set out separately and publicly the items and scope of such an assessment.
When the site of any development activity is also located within any type of development zone as defined in these Standards, it shall be subject to a stricter interpretation of the items and scope of the Standards, and the environmental impact assessment to be conducted shall address the entire area of the proposed development.
Development activity undertaken on a provisional basis in order to provide emergency relief or restoration in the context of a natural disaster is exempt from an environmental impact assessment requirement pursuant to these Standards, insofar as before any such work is undertaken the details are duly reported to the industry competent authority and any other competent authority.
These Standards shall take effect from the date of promulgation.
