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1. "Hisai Shigaichi Tokubetsu Sochi-ho (Special Act for Disaster Afflicted Urban Area)"
〈article 20)〉
New legal systems for rehabilitation
As a legal frame of this earthquake disaster rehabilitation, a "special urban planning act" is not established as in the rehabilitation adopted in the Kanto earthquake or after the war but the existing laws are decided to be applied within discretion of public agency. In other words, the legal frame is characterized by a keynote to positive use of the existing legal systems relating the urban planning, of which the rights and wrongs have been discussed.
The following are new legal systems established for this earthquake disaster rehabilitation: Hanshin-Awaji Daishinsai Fukko no Kihon Hoshin oyobi Soshiki nikansuru Horitsu" (Hanshin-Awaji rehabilitation act)" (promulgated and enforced on the 24th of February, 1995) where the structures of governmental organizations are mainly prescribed; and a "Hisai Shigaichi Tokubetsu Sochi-ho" (Special act for disaster afflicted urban area)(promulgated and enforced on the 26th of February, 1995) for providing special measures in urban planning, land readjustment projects, housing supply, and the like in order to urgently reconstruct the urban area and realize "machidukuri" with sufficient prevention of disasters.
"Hisai Shigaichi Tokubetsu Sochi-ho (Special act for disaster afflicted urban area)"
This law mainly includes the following five contents, and a project supported by the special measures based on this law is entitled with a name including the word "earthquake disaster rehabilitation":
1) Rehabilitation promoting zone (i.e., a district where a large number of buildings were destroyed through the earthquake and it was feared that a trend of land use could lead to inferior environment) is designated, so that "a keynote to improvement of the urban area for emergent and sound rehabilitation" can be provided as a frame of the planning. This keynote includes (1) application of special cases in a land readjustment project, a redevelopment project and the like, and (2) restriction of certain construction for a given period until decision of urban planning for the land readjustment project and the like.
Judging from these contents, this law seems to cover districts especially seriously damaged with laying stress on the land readjustment project.
2) Enforcement of a land readjustment: (1) Building sites are collected by adopting a special case for replotting (rehabilitation joint housing promoting district). (2) Land for public housing and infrastructure for prevention of disasters is secured by adopting a special case for a reserved land area. (3) Housing is supplied within a project district as a substitute for a part of land included in a replotting plan (housing supply instead of account settlement). (4) Housing is constructed in a project district, and housing and building sites are supplied through a replotting plan.
3) Special cases for a redevelopment project: (1) Removal of matters such as "emergent provision of significant public infrastructure" according to a category II redevelopment project.
4) Expansion of support in purchasing land (urban development fund system).
5) Special cases for housing supply: (1) A special case for giving the sufferers occupant requirements for public housing and the like for three years after the earthquake. (2) Construction and management of public housing and the like by a local housing supply corporation consigned by the afflicted city, town or village. (3) Enforcement of a land readjustment project and the like by a housing urban and development corporation on the basis of a demand from a local public agencies. Vicarious execution of provision of public infrastructure such as roads in the afflicted city, town or village. Construction, management, investigation and provision of technique for housing supply on consignment.
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