I hereby promulgate the Hot Spring Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Hot Spring Law
Chapter I. General Provisions
Article 1. The aim of this Law shall be to protect hot spring and make its utilization pertinent and thus contribute towards the promotion of public welfare.
Article 2. When used in this Law, the term "hot spring" shall mean hot water, mineral water, vapour or other gas (excepting natural gas the main ingredient of which is Hydrocarbon) welling forth out of soil, having temperature or mineral matters arranged on the annexed table.
2. When used in this Law, the term "source of hot spring" shall mean hot spring not yet unearthed.
Chapter II. Protection of Hot Spring
Article 3. Any person who wants to dig in the ground for the purpose of having hot spring gush forth shall obtain the permit by applying to the prefectural governor as provided for by Ministerial Ordinance.
2. Any person who wants to obtain the permit provided for in the preceding paragraph shall be the one who has the right of using the land necessary for digging for the purpose of digging.
3. In case the prefectural governor wants to grant permit to the person who makes application provided for in Par.1 for the purpose of utilizing hot spring for industrial use, he shall previously negotiate with the Director of Commerce and Industry Bureau.
Article 4. The prefectural governor shall grant the permit provided for in the preceding Article, Par.1, unless he finds it liable to affect the quantity, temperature or ingredients of hot spring, or otherwise injurious to the public welfare. When the permit is denied, it shall be done in writing with a statement of the reason therefor.
Article 5. In case the person who was permitted according to the provisions of Art.3, Par.1 does not commence the construction work within one year from the date of permit, or suspends the work for more than one year after the commencement, the prefectural governor may cancel the permit, provided that in an unavoidable case this shall not apply.
Article 6. In case the prefectural governor finds the reason provided for in Art.4, after he has granted the permit provided for in Art.3, Par.1, he may cancel the permit or order the person who has obtained the permit to take necessary measures for the public benefit.
Article 7. In case of the cancellation of the permit of Art.3, Par.1 or in case of the failure in gushing forth of hot spring at the place where the digging was executed upon permit, the prefectural governor may order the person to whom the permit of digging was granted to restore the place to the original state. The same measures can be taken upon any person who performed digging without permit.
Article 8. Any person who wants to dig more approaches for the gushing forth of hot spring or who wants to establish motor equipments to increase the quantity of hot spring gushing forth, shall obtain the permit by applying to the prefectural governor as provided for by Ministerial Ordinance.
2. The preceding 4 Articles shall apply correspondingly, in case of digging more approaches or establishing motor equipments, provided for in the preceding paragraph.
Article 9. The prefectural governor, in case he finds it necessary for the protection of the source of hot spring, may order the restriction upon the quantity of hot spring gushing forth to the person who acquires hot spring from the source of hot spring.
2. In case the prefectural governor wants to give the order provided for in the preceding paragraph to the person who acquires hot spring for industrial use, he shall previously negotiate with the Director of Commerce and Industry Bureau.
Article 10. In case the prefectural governor, in taking action provided for in Art.3, Par.1, or Art, 8, Par.1, finds it liable to affect the quantity, temperature or ingredients of hot spring in the adjoining prefecture, he shall previously obtain the approval of the Minister of Welfare.
Article 11. In case the digging in the ground for other purpose than having hot spring gush forth has affected remarkably the quantity, temperature or ingredients of hot spring, prefectural governor may, if he finds it necessary from the public stand-point, order the person who has dug in the ground to take such measures as necessary to interrupt the influence.
2. In case the prefectural governor wants to order the person who dug in the ground with the permit or approval of another administrative office based upon the regulations of Law or Ordinance to take the measures provided for in the preceding paragraph, he shall previously negotiate with the administrative office concerned.
Chapter III. Utilization of Hot Spring
Article 12. Any person who wants to offer hot spring for the public use of bathing or drinking shall obtain the permit by applying to the prefectural governor in accordance with the provisions of Ministerial Ordinance.
2. Any person who wants to obtain the permit of the preceding parapraph shall pay the fee fixed by the Cabinet Order.
3. In case ingredients of hot spring are found hygienically harmful, the prefectural governor may suspend the permit of the first paragraph. In this case the prefectural governor shall serve a written notice with a statement of the reason therefor.
Article 13. Any person who offers hot spring for the public use of bathing or drinking shall put the ingredients of the hot spring, contraindications and the notices for bathing or drinking at the place easily seen within the facilities, according to the provisions of Ministerial Ordinance.
Article 14. The Minister of Welfare may designate the area necessary for the completion of facilities and the improvement of environment, for the purpose of the promotion of the public utilization of hot spring.
Article 15. When it is considered necessary for the promotion of the public utilization of hot spring within the area designated in the provisions of the preceding Article, the Minister of Welfare or the prefectural governor may give necessary indication for the improvement of hot spring utilization facilities or of the method of managing them to the manager of the hot spring utilization facilities.
Article 16. The prefectural governor may have the person who acquires hot spring from the source of hot spring or the manager of the utilization facilities of hot spring make a report regarding the quantity, temperature, ingredients and the state of utilization of hot spring and other necessary matters.
2. The Director of Commerce and Industry Bureau may have the person who acquires hot spring for the purpose of utilizing it for industrial purpose, or the manager of the utilization facilities thereof make the report provided for in the preceding paragraph.
Article 17. When it is considered necessary, the prefectural governor may make the competent officials enter into hot spring utilization facilities to survey the quantity, temperature, ingredients and the state of utilization of hot spring.
2. When it is considered necessary, the Director of Commerce and Industry Bureau may cause the competent officials to make such actual survey as provided for in the preceding paragraph regarding the facilities where hot spring is utilized for industrial purpose.
3. When such actual survey is made by the competent officials as provided for in the preceding two paragraphs, they shall carry their identification cards with them and, on the demand of any person concerned, they shall present the cards to him.
Article 18. When it is considered necessary from the standpoint of public health, the prefectural governor may cancel the permit provided for in Art.12, Par.1 or give an order to restrict the utilization of hot spring or to take necessary measures for the prevention of injury to the person who acquires hot spring from the source of hot spring or the manager of hot spring utilization facilities.
Chapter IV. Consulting and Hearing
Article 19. For the purpose of answering to the inquiries by the Minister of Welfare or by the prefectural governor and of investigating and deliberating on hot spring and administrative affairs concerning hot spring Hot Spring Council shall be established.
2. Hot Spring Council shall be Central Hot Spring Council and Prefectural Hot Spring Council, and Central Hot Spring Council shall be established in the Ministry of Welfare and Prefectural Hot Spring Council shall be established in each prefecture.
Article 20. In case the Minister of Welfare wants to give approval as provided for in Art.10 or to designate areas in accordance with the provisions of Art.14, he shall ask for the opinion of Central Hot Spring Council.
2. In case the prefectural governor wants to take action in accordance with the provisions of Art.3, Par.1, Art.4 (including the cases where the same Article applies correspondingly in Art.8, Par.2), Art.6 (including the cases where the same Article applies correspondingly in Art.8, Par.2), Art.8, Par.1 or Art.9, he shall ask for the opinion of Prefectural Hot Spring Council.
Article 21. In case the prefectural governor wants to take action in accordance with the provisions of Art.5 (including the cases where the same Article applies correspondingly in Art.8, Par.2), Art.6 (including the cases where the same Article applies correspondingly in Art.8, Par.2), Art.9 or Art.18, he shall serve a notice to the person against whom the action is to be taken of the reasons of the action and shall summon the person or his authorized agent to hold a hearing in public.
Chapter V. Penal Provisions
Article 22. Anybody who violates the provisions of Art.3, Par.1 or Art.8, Par.1 shall be punished with a penal servitude of not more than 1 year or with a fine of not more than 10,000 yen.
2. These penalties of the preceding paragraph can be inflicted in cumulation according to the situation.
Article 23. Anybody who comes under any of the undermentioned items shall be punished with a penal survitude of not more than 6 months or with a fine of not more than 5,000 yen:
1) Anybody who disobeys the order of the prefectural governor as provided for in Art.6 (including the cases where the same Article applies correspondingly in Art.8, Par.2), Art.7 (including the cases where the same Article applies correspondingly in Art.8, Par.2 and Art.29, Par.2), Art.9 or Art.18;
2) Anybody who violates the provisions of Art.12, Par.1.
Article 24. Anybody who comes under any of the undermentioned items shall be punished with a fine of not more than 5,000 yen:
1) Anybody who violates the provisions of Art.13;
2) Anybody who makes no report as provided for in Art.16, or makes a false report;
3. Anybody who refuses, resists or evades the actual survey by the competent officials as provided for in Art.17, Par.1, or Par.2.
Article 25. When a representative of a corporation, or a deputy, employee or other worker of a corporation or person violates the provisions of the preceding three Articles concerning the business of the said corporation or person, such corporation or person shall be punished with a fine as provided for in each of the said Articles besides the punishment to the actual offender.
Supplementary Provisions:
Article 26. The present Law shall come into force after a lapse of 30 days from the date of its promulgation.
Article 27. Any person who, at the time of the enforcement of the present Law, having obtained a permit for digging in the ground for the purpose of having hot spring gush forth in accordance with the provisions of old Ordinances, is actually engaged in the construction work thereof, shall be regarded as having obtained the permit of Art.3, Par.1.
Article 28. Any person who, at the time of the enforcement of the present Law, was permitted to dig more approaches for the gushing forth of hot spring or to dredge them or who was permitted to establish motor equipments in order to increase the quantity of hot spring gushing forth in accordance with the provisions of old Ordinances, and is actually engaged in the construction work thereof, shall be regarded as having obtained the permit of Art.8, Par.1.
Article 29. Any person who performed digging in the ground for the purpose of having hot spring gush forth or digging more approaches for the gushing forth of hot spring, or who established motor equipments to increase the quantity of hot spring gushing forth during the period from January 1, 1948 to the date of the enforcement of the present Law, shall apply for the permit within the three months after the date of the enforcement of the present Law in accordance with the provisions of Art.3, Par.1 or Art.8, Par.1, and the permit shall be regarded as given until the permit applied for is granted or denied.
2. When the application for the permit is not made during the period provided for in the preceding paragraph, or when the application is denied, the provisions provided for in Art.7 shall corresponding apply.
Article 30. Any person who, at the time of the enforcement of this Law, is actually offering hot spring for the public use of bathing or drinking may continue to offer hot spring for the public use of bathing or drinking during 3 months after the enforcement of the present Law, in spite of the provisions of Art.12, Par.1.
2. Any one who comes under the provisions of the preceding paragraph shall report the fact to the prefectural governor within 3 months after the enforcement of the present Law.
3. Any one who made a report as provided for in the preceding paragraph shall be regarded as given a permit provided for in Art.12, Par.1.
Annexed Table
1. Temperature (temperature at the time when acquired from the source of hot spring)
2. Mineral matter (any of the undermentioned matters)
Name of Mineral Matter |
Quantity contained (per kg.) |
Dissolved ingredients (except gaseous substances) |
Total amount more than 1,000 mg |
Free Carbonic acid (Co2) |
more than 250 ,, |
Lithium ion (Li) ,, |
1 ,, |
Strontium ion (Sr) ,, |
10 ,, |
Barium ion (Ba) ,, |
5 ,, |
Ferro or Ferric ion (Fe, Fe) ,, |
10 ,, |
Manganous ion (Mn) ,, |
10 ,, |
Hydrogen iron (H) ,, |
1 ,, |
Bromine iron (Br') ,, |
5 ,, |
Iodine ion (I') ,, |
1 ,, |
Fluorine ion (F') ,, |
2 ,, |
Hydro-Arsenic Acid ion (HASO4") ,, |
1.3 ,, |
Meta-Arsenious Acid (HASO2) ,, |
1 ,, |
Total Sulphur (corresponding to HS'+S2O3"+H2S) ,, |
1 ,, |
Meta-Boracic Acid (HBO2) ,, |
5 ,, |
Meta-Silicic Acid (H2SiO3) ,, |
50 ,, |
Sodium Bicarbonate (NaHCO3) ,, |
340 ,, |
Radon (Rn) ,, |
20 (1/1010 Curie unit) |
Radiumsalt (as Ra) ,, |
1/108 ,, |
Minister of Welfare TAKEDA Giichi
Minister of Commerce and Industry MIZUTANI Chozuburo
Prime Minister ASHIDA Hitoshi