{"id":139650,"date":"2026-04-21T13:27:48","date_gmt":"2026-04-21T13:27:48","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=139650"},"modified":"2026-04-21T13:27:48","modified_gmt":"2026-04-21T13:27:48","slug":"japan-mining","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/japan-mining\/","title":{"rendered":"Japan: Mining"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-139650","comparative_guide","type-comparative_guide","status-publish","hentry","guides-mining","jurisdictions-japan"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Anderson Mori &amp; Tomostune<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/AMT_PrimaryLogo_Color-1.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Anderson Mori &amp; Tomostune<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/AMT_PrimaryLogo_Color-1.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Mining laws and regulations applicable in Japan<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Legal framework for mining<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While Japan was once a world-leading producer of silver and copper, mines closed one after another as operations became unprofitable due to resource depletion, the shift to a floating exchange rate system, and rising labour and environmental compliance costs. Currently, the only large-scale commercial operation at a Japanese metal mine is the gold mine of \u201cHishikari\u201d mine. Consequently, Japan depends on overseas sources for nearly all of its required metal resources.<\/p>\n<ul>\n<li>Is there a government body which regulates mining operations?<\/li>\n<\/ul>\n<p>The main law governing mining rights is the Mining Act (Act No. 289 of 1950). The Ministry of Economy, Trade and Industry of Japan (\u201c<strong>METI<\/strong>\u201d) is the main government body responsible for the administration of the Mining Act and the granting of mining rights thereunder. Every underground mineral, including oil and gas, subject to the Mining Act, cannot be developed, excavated, or extracted without obtaining a mining right (i.e., an prospecting right or a digging right) in advance of the excavation (please see details below).<\/p>\n<ul>\n<li>specify whether your jurisdiction is a common or civil law jurisdiction<\/li>\n<\/ul>\n<p>The Japanese legal system has its origins in the civil law tradition, and is therefore mainly based on written law. This can be traced back to the late 1800s when a new government, formed during the \u201cMeiji Restoration\u201d, adopted the \u201cMeiji Constitution\u201d (in the year 1889) and other laws, which were primarily based on German law. After World War II, the Japanese legal system was heavily influenced by Anglo-American law, and, in particular, American law. In fact, American law has formed the basis for many of the acts adopted after World War II, including the current Constitution of Japan.<\/p>\n<ul>\n<li>specify whether your jurisdiction is a member of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).<\/li>\n<\/ul>\n<p>Japan ratified the New York Convention in 1961, and the recognition and enforcement of arbitral awards are generally permitted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a critical or strategic minerals policy? If so, please provide a brief description.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a critical and strategic minerals policy formulated by the Japanese government, the latest version of which was issued as of June 19, 2025. This strategic minerals policy outlines the specific initiatives required to ensure a stable supply of critical minerals and defines the implementation periods or deadlines for each initiative. Building on the basic policy presented in earlier chapters, the government establishes a framework in which private companies can formulate \u201cSupply Security Plans\u201d that are to be reviewed and certified by the government. These Supply Security Plans aim to strengthen the entire supply chain of critical minerals and promote cooperation between the public and private sectors.<\/p>\n<p>The initiatives covered in this chapter address several stages of the mineral supply chain, including exploration and feasibility studies (FS), mine development, smelting and refining projects, and technological development. Exploration and feasibility studies focus on identifying potential mineral resources and assessing the viability of their commercial development. These activities often involve acquiring mining rights or securing rights to purchase mineral output in the future. Because early-stage resource development involves significant risks, government support may be provided to encourage private sector investment.<\/p>\n<p>The strategic minerals policy as of June 19, 2025 further mentions that mine development represents the stage in which mineral resources are actually extracted. Through this process, private companies are expected to secure mining interests and ensure that a certain portion of the extracted minerals will be supplied to Japan during the project period. This will contribute to the diversification of supply sources and reduces dependence on specific countries.<\/p>\n<p>This strategic minerals policy as of June 19, 2025 also highlights the importance of smelting and refining projects, which involve processing raw minerals into usable materials. Strengthening these midstream processes is essential for building a resilient supply chain and reducing reliance on foreign processing capacity. In addition, technological development is emphasized, including improvements in resource efficiency, recycling technologies, and the development of alternative materials. Each initiative must specify a clear implementation period or deadline to ensure progress and accountability.<\/p>\n<p>Overall, the strategic minerals policy as of June 19, 2025 provides a structured framework for strengthening Japan\u2019s supply chain for critical minerals and enhancing long-term supply stability through coordinated efforts between government and industry.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the government in your jurisdiction provide state support for the mining industry (whether in your jurisdiction or abroad), for example by way of grants, loans, revenue support mechanisms or tax incentives?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Based on the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Act No. 43 of 2022), a programme exists to provide a subsidy covering half of the applicant\u2019s costs for initiatives deemed effective in securing stable supplies of critical minerals designated as specified important materials. Restrictions on disposal apply to assets acquired through this grant program. Since its implementation in 2022, six (6) projects have received subsidies to date.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investment into the metals and mining [sector\/value chain]? If so, briefly outline the regime, including:  -\tWhich types of investments, investors, and transactions are subject to the restrictions? -\tDoes the acquisition of minority interests fall within the scope of the restrictions? -\tDo the restrictions apply to asset acquisitions? -\tAre there any pending proposals to amend the foreign investment review policy or related legislation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Foreign Exchange Control Act requires a post-transaction report of an investment by a foreigner into a mining business in Japan. Therefore, if a foreigner or a foreign company acquires a share in a mining right holder, the foreigner or the foreign company must report to the Ministry of Finance upon completing the transaction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investors repatriating their capital, profits, interest, dividends, or other related returns from mining investments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This is not limited to mining investments, but payments from Japan to foreign countries or the receipt of payments from foreign countries to Japan may require payment reporting under Article 55 of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949). In general, reporting is not required if the amount executed per payment is JPY 30 million or less. Furthermore, even when funds are settled using overseas deposits, payments between residents and non-residents are reportable. This also applies when offsetting claims and debts. However, the obligation to prepare and submit any required reports is imposed solely on the resident party; non-residents are exempt from this reporting obligation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on exports of any minerals and metals from your jurisdiction (for example, a ban on export of raw materials or government licenses or quotas required for the export of minerals)? Are there any local beneficiation requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any tariffs imposed by the government in your jurisdiction on export or import of minerals and metals out of or into your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Japan, tariffs are imposed on imported goods when they pass through customs.<\/p>\n<p>Tariff rates are set for each specific item. Japan is a member of the \u201cInternational Convention on the Harmonized Commodity Description and Coding System\u201d. In principle, the rates specified in the tariff rate table of the Supplementary Table of the Tariff Rate Act apply. However, for items listed in the Supplementary Table of the Provisional Tariff Measures Act, the rates stipulated in that Act apply. The applicable tariff rate is determined by the country of origin of the subject goods. \u201cOres\u201d classified under Chapter 26 are generally duty-free, but tariffs are imposed on certain metal products.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any government or local party requirements for any type of project across the metals and mining value chain in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the legal nature of the mining rights and who owns them.  Can foreign investors own mining assets \u2013 or are JVs with local entities required?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Mining Act, the requirement is that the holder of mining rights must be a citizen of Japan (if a natural person) or a Japanese corporation (if a legal entity) established under the Companies Act of Japan. As such, a foreign company may invest in, and become a shareholder of, a Japanese corporation that has mining rights. Therefore, foreign investors cannot directly hold mining assets and can only hold them through JVs with Japanese entities or via Japanese companies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the land tenure in the mining context, e.g.  -\tis the mining tenure separate from land tenure? -\tthe surface land owners\u2019 rights and obligations vis-\u00e0-vis the rights of the owner of the minerals sitting under the surface land (access, compensation etc).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mining rights are independent rights separate from land ownership rights.<\/p>\n<p>The scope of land ownership rights extends to the upper and lower parts of the land within the limits prescribed by law (Article 207 of the Civil Code (Act No. 89 of 1896)). Some legal restrictions are the mining rights stipulated in the Mining Act; without mining rights, not even the landowner can extract or acquire minerals. Landowners are not restricted in the legitimate exercise of their land ownership rights, provided that, such exercise does not infringe upon these restrictions and does not conflict with the mining rights. While land ownership is not required when applying for mining rights, securing a right to use surface land will be necessary when conducting mining activities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline regime for granting exploration rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tprocess \/ steps to acquire exploration rights  -\tobligations of the licence\/permit\/concession holder  -\ttransition from exploration rights to mining rights -\ttypical timelines and costs for applications<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An prospecting right (<em>shi-kutsu-ken<\/em>) is a right that authorises boring or drilling to investigate a particular area of land for the purpose of identifying mineral deposits.<\/p>\n<p>Unlike a digging right, an prospecting right has a limited duration. The initial period of an prospecting right is two (2) years, and it can be extended twice for two (2) years, with a maximum duration of six (6) consecutive years . In order to extend the two (2) years\u2019 durations of a prospecting right, the holder must demonstrate to METI that:<\/p>\n<ol>\n<li>the holder of the prospecting right has diligently conducted exploration activities;<\/li>\n<li>the holder of the prospecting right needs to continue the exploration activities to confirm the status of the deposits of the mineral; and<\/li>\n<li>all the applicable taxes have been paid in respect of the prospecting right.<\/li>\n<\/ol>\n<p>Upon the granting of a right by METI, whether prospecting right or digging right, under the Mining Act, the holder is required to commence the mining work within six (6) months of the permit being granted, unless METI approves postponement of the deadline for starting mining work. If the holder of mining right breaches this obligation, the exploration\/digging right may be revoked. The Mining Act does not specifically define what kind and level of activity constitutes \u2018commencement of mining work.\u2019 Furthermore, the Mining Act does not prescribe any minimum work obligations or expenditure that must be met or expended by the holder of the mining right. As such, METI will assess the conduct of each mining right holder on a case-by-case basis. However, in practice, a standard benchmark for the criteria of \u2018commencement of mining work\u2019 is whether any drill work has been started (generally speaking, mere surface exploration work is insufficient).<\/p>\n<p>Article 24 of the Mining Act requires METI to coordinate with the applicable prefectural government, which acts on behalf of the relevant local stakeholders. METI takes the initiative and is primarily responsible for such coordination process under Article 24 thereof; nonetheless, the applicant will be required to support the feasibility of its application by preparing and submitting a \u2018Document of Facility Design.\u2019 The specific requirements of this document will depend on the area of the application and the type and status of the mineral field, and the matters will be specified in the order to be issued by METI addressed to the applicant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the regime for granting mining rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tsteps to acquire mining rights  -\tobligations of the licence\/permit\/concession holder<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Digging right (<em>sai-kutsu-ken<\/em>) is a mining right that authorises digging and extracting the minerals as identified. A digging right is a separate tenement than a prospecting right.<\/p>\n<p>Under the Mining Act, there is no procedure to automatically convert an prospecting right into a digging right even upon completion of the prospecting. As such, the holder of an prospecting right must submit a separate application to METI in order to obtain a digging right in respect of the mining area subject to the prospecting right.<\/p>\n<p>Under the Mining Act, there is no limitation of tenure for a digging right. A digging right remains indefinitely once the right is registered in the official mining registry. Nonetheless, if the holder of a digging right discontinues all digging activity for more than one (1) year, then the digging right may be revoked at METI\u2019s discretion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the royalties regime \u2013 i.e. any payments due to the government under any licenses and\/or leases described above.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Royalties<\/strong><\/p>\n<p>Every mining right comes into effect when registered in the mining registry. The mining right holder must pay a registration licence tax to register a mining right in such registry. As of the date of this chapter, the registration licence tax is:<\/p>\n<ol>\n<li>JPY 90,000 for a prospecting right; and<\/li>\n<li>JPY 180,000 for a digging right.<\/li>\n<\/ol>\n<p><strong>Other fees<\/strong><\/p>\n<p>An applicant for a mining right must pay a commission fee to METI at the time of submitting the application for a mining right. As of the date of this chapter, the commission fee is:<\/p>\n<ol>\n<li>JPY 71,800 for a prospecting right; and<\/li>\n<li>JPY 112,600 for a digging right.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to assign and\/or grant security over tenements in your jurisdiction? If so please briefly describe the process, including any regulatory requirements (e.g. approvals).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Roughly speaking there are two (2) types of ways whereby the tenement for oil and gas developments, i.e., the mining rights under the Mining Act, can be transferred from one to another:<\/p>\n<ul>\n<li>Individual asset transfer scheme<\/li>\n<\/ul>\n<p>This is a straightforward way to transfer the assets of a company to another. However, every transfer of mining rights created under the Mining Act is subject to approval by METI. In other words, unless METI approves such transfer, such transfer of mining rights shall be null and void. The Mining Act sets out the requirements to be met in respect of the transfer of mining rights from one person to another, which are to be reviewed by METI at its discretion.<\/p>\n<p>The criteria to be reviewed by METI regarding the transfer of a mining right are as follows:<\/p>\n<ol>\n<li>the transferee of the mining right has sufficient financial capacity and technical expertise;<\/li>\n<li>the transferee of the mining right is of good standing, and is not disqualified due to any historical violations of Japanese law; and<\/li>\n<li>the contemplated mining activity by the transferee of the mining right is consistent with the economic and public interests of Japan. In this regard, METI will consider whether the contemplated mining activity by the transferee of the mining right is likely to have a negative impact on the economy or social well-being of Japan. For instance, if the contemplated mining activity gives rise to a pricing manipulation of the subject oil and gas or it harms the relevant supply chains around the subject oil and gas within Japan, then this criterion would not be satisfied.<\/li>\n<\/ol>\n<p>In carrying out the above review, METI will consider the relevant information dossier submitted by the applicant, i.e., the transferee of the mining right. The dossier that will be attached to the application for the transfer of the mining rights of the transferor, is also identical to the documents to be attached in the case of an application for (new) mining rights, such as financial statements of the applicant and resume of the chief technician, etc.<\/p>\n<p>The possibility of receiving METI\u2019s approval of the transfer of mining rights and the timing thereof cannot be determined in advance, as it is subject to the sole discretion of METI.<\/p>\n<ul>\n<li>Corporate split scheme<\/li>\n<\/ul>\n<p>This scheme amounts to a spin-off of the transferor as a corporate body, by creating a new company to which a part of the assets (i.e., the mining rights) of the transferor will be transferred. This \u2018corporate split\u2019 scheme is provided under the Companies Act of Japan and is available to the transferor, sine the transferor shall be incorporated as a Japanese corporation.<\/p>\n<p>The major difference between the \u2018corporate split\u2019 scheme when compared to the individual asset transfer scheme is the requirement of approval by METI. If the mining rights of the transferor are transferred by way of a \u2018corporate split,\u2019 METI\u2019s approval is not required, but a post-closing notification to METI is required within three (3) months after the transfer, i.e., three (3) months after the closing of the \u2018corporate split\u2019 transaction.<\/p>\n<p>The information dossier to be attached to such post-closing notification to METI is also identical to the documents to be attached in the case of an application for (new) mining rights, including financial statements of the applicant and resume of the chief technician, etc. The dossier must be submitted by the transferee of the mining right to which the mining rights have been transferred. As such, the documentation work itself will not be substantially different under either scheme.<\/p>\n<p>Furthermore, if METI determines, in its discretion, that the new entity to which the mining rights have been transferred under the \u2018corporate split\u2019 does not meet any of the relevant requirements (e.g., financial basis and technical ability to develop the minerals), then METI may issue an order to the new entity that it must re-transfer its mining rights to a third party within six (6) months after the issuance of such order.<\/p>\n<p>In short, under this \u2018corporate split\u2019 the transfer of the mining rights may be effective upon the closing of the \u2018corporate split,\u2019 which is one (1) month after the public notification thereof is made, <strong><u>without<\/u><\/strong> approval by METI. However, it is also subject to the possibility that METI issues an order of re-transfer post-closing.<\/p>\n<p>The following chart summarizes the pros and cons of both transfer schemes as explained above:<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"95\"><\/td>\n<td width=\"126\">METI\u2019s Approval<\/td>\n<td width=\"170\">Dossier to be Submitted<\/td>\n<td width=\"151\">Timing of Completion<\/td>\n<td width=\"246\">Risk of Denial by METI Post-Closing<\/td>\n<\/tr>\n<tr>\n<td width=\"95\">Individual Asset Transfer<\/td>\n<td width=\"126\">Required<\/td>\n<td width=\"170\">The same as the documents for an application of (new) mining rights, such as financial statements of the applicant, resume of the chief technician, etc.<\/td>\n<td width=\"151\">Unknown (upon METI\u2019s approval).<\/td>\n<td width=\"246\">None, because once METI approves the transfer, there is no risk that the transfer is denied or unwound thereafter.<\/td>\n<\/tr>\n<tr>\n<td width=\"95\">Corporate Split<\/td>\n<td width=\"126\">Not Required (only post-closing notification to METI).<\/td>\n<td width=\"170\">Same as above.<\/td>\n<td width=\"151\">Known (upon completion of the corporate split, which is one (1) month after the public notice of the corporate split).<\/td>\n<td width=\"246\">There is a risk that METI will issue the order to re-transfer the mining rights to a third party.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any indigenous or local community rights relevant in the mining context, including implementation of FPIC (Free, Prior, and Informed Consent) principles in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the environmental protection regime applicable to the mining industry, including:  -\tWhat environmental impact assessments are required? -\tany requirements for rehabilitation bonds and guarantees -\tany mine closure obligations -\tconsequences for failure to comply with applicable environmental laws and regulations<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Environmental compliance<\/strong><\/p>\n<p>Certain kinds of business operators doing business in Japan must conduct environmental assessments if their business falls under the Environmental Impact Assessment Act. However, the Act does not require an environmental assessment for the development and production of minerals.<\/p>\n<p><strong>Environmental impact<\/strong><\/p>\n<p>There is strict liability under the Mining Act in case of mining pollution. Article 109 of the Mining Act stipulates as follows: If a third party suffers damage caused by the development of land to mine minerals, or a discharge of mine water or wastewater, deposits of waste rock or slag, then such damage shall be compensated by the holder of the mining rights at the time of the occurrence of such damage, provided that, if the relevant mining right has already been expired at the time of the occurrence of such damage, it shall be compensated by the holder of the mining right immediately before the expiration of such mining right.<\/p>\n<p><strong>Decommissioning<\/strong><\/p>\n<p>Under the Mining Act, there is no general requirement related to the closure and remediation of mining projects. Having said that, if a Document of Facility Design has been submitted to METI in the course of the coordination process under Article 24 of the Mining Act, such document may contain the matters related to the closure and remediation of mining projects. Conversely, pursuant to Article 117 of the Mining Act, METI may require a mining right holder to provide a cash deposit of up to 1% of the price of the mineral, so that indemnification for potential liability for mine pollution (if any) is secured.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline if any specific health and safety regulations apply to the mining industry.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Industrial Safety and Health Act, which is the general regulation concerning workers\u2019 safety and health, does not apply to workers engaged in mining activities. Instead, the Mine Safety Act covers the relevant matters for mining projects, under which a mining right holder must do the following, among others:<\/p>\n<ol>\n<li>take necessary measures for important matters regarding mine safety, such as preventing cave-ins and collapses; and<\/li>\n<li>provide safety training to workers as follows: (i) obtain approval from the director or department manager of the relevant bureau of mine security for the mine facility plan; and (ii) conduct a performance inspection of the facility.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any obligations for disclosure of climate change risks applicable across the mining value chain in your jurisdiction. Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Sustainability Standards Board of Japan (the \u201c<strong>SSBJ<\/strong>\u201d) standards are scheduled to become mandatory only for the first-tier of the listed companies. The implementation period is planned for fiscal years ending March 2027 and later, with the application based on market capitalization as follows:<\/p>\n<ul>\n<li>From fiscal year ending March 2027: Market capitalization of JPY 3 trillion or more;<\/li>\n<li>From fiscal year ending March 2028: Market capitalization of JPY 1 trillion or more but less than JPY 3 trillion;<\/li>\n<li>From fiscal year ending March 2029: Market capitalization of JPY 500 billion or more but less than JPY 1 trillion; and<\/li>\n<li>Undetermined: Market capitalization of less than JPY 500 billion.<\/li>\n<\/ul>\n<p>Under the SSBJ standards, disclosure of climate-related information, such as the following, would be required:<\/p>\n<ul>\n<li>GHG emissions;<\/li>\n<li>Internal carbon price (a hypothetical price set by the company for GHG emissions, used for investment decisions, etc.);<\/li>\n<li>Physical risks and transition risks (risks arising from the transition to a decarbonized society); and<\/li>\n<li>Scenario analysis.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any decarbonisation obligations applicable to the market players across the mining value chain in your jurisdiction? Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the Act on the Promotion of a Smooth Transition to a Decarbonized Growth Economy, starting in fiscal year 2026, business operators with direct carbon dioxide emissions above a certain threshold (i.e., 100,000 tons or more annually) will be required to participate in the emissions trading system. Based on government guidelines that take into account the characteristics of each industry, emission allowances will be allocated free of charge.<\/p>\n<p>Subsequently, businesses subject to the scheme will be required to report their actual emissions in the fiscal year following the allocation year, and to hold emission allowances equivalent to their actual emissions.<\/p>\n<p>Furthermore, a market will be established where businesses can trade surplus or deficit allowances relative to their actual emissions. Measures will be implemented to stabilize trading prices, including setting upper and lower price limits for allowances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other relevant decarbonisation and climate change related laws and regulations in your jurisdiction  that could affect he market players across the mining value chain in your jurisdiction (e.g. carbon tax).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Japan, the Act on Promotion of Global Warming Countermeasures (Act No. 117 of 1998) requires entities that emit large amounts of greenhouse gases (defined as \u201cspecified emitters\u201d thereunder) to calculate and report their emissions to the national government. Specified emitters include, for example, businesses that emit 3,000 tons or more of CO\u2082 annually.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any unusual taxes that apply specifically to entities carrying out mining activities (in addition to the usual income and corporate taxes and excluding any carbon taxes that (if any) will be covered in the section above).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although there is no tax on mining activities at the national level in Japan, there are two (2) types of local tax, as follows:<\/p>\n<ol>\n<li>mining lot tax: in proportion to the size of the mining area; and<\/li>\n<li>mineral product tax: in proportion to the amount of oil and gas being produced; and this mineral product tax shall be imposed even if the mining right is a prospecting right (excluding a digging right).<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4411<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/139650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=139650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}