Law for Partial Amendments to the Port Regulations Law
法令番号: 法律第98号
公布年月日: 昭和24年5月24日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Part Regulations Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-fourth day of the fifth month of the twenty-fourth year of Showa (May 24, 1949)
Prime Minister YOSHIDA Shigeru
Law No.98
Law for Partial Amendments to the Port Regulations Law
A part of Port Regulations Law (Law No.174 of 1948) shall be amended as follows:
Paragraphs 2 and 5 of Article 5 of the Law shall be amended as follows:
2 Any vessel specified by a Ministerial Ordinance intending to enter a special port designated by a Ministerial Ordinance shall have her place for casting anchor (hereinafter mentioned as "anchorage" ) designated by the captain of the port, except the cases where she shall be made fast to a mooring buoy, pier, quay or other mooring facilities (hereinafter simplified as mooring facilities). In this case, the captain of the port shall, unless there exist special circumstances, designate her anchorage within the specified area prescribed in the preceding paragraph.
5 When a person in charge of the mooring facilities allows the use of any one of such facilities to make fast, he shall report it beforehand to the captain of the port as prescribed by a Ministerial Ordinance.
The following two paragraphs shall be added after paragraph 5 of Article 5:
6 The captain of the port may when deemed necessary for the safety of marine traffic, restrict a person in charge of the mooring facilities in a special port, restrict or prohibit to make a vessel use any of such facilities in his charge.
7 The captain of the port and a person or persons in charge of the mooring facilities in a special port shall cooperate each other in regard to signals and communications exchanged between vessels and shores at the designation of anchorage and concerning the use of the mooring facilities.
The phrase "A vessel whose anchorage shall be designated in accordance with the provisions of paragraph 2 of the preceding Article" in Article 6 shall be amended as "A vessel prescribed by a Ministerial Ordinance according to the provisions of paragraph 2 of the preceding Article" .
The term "in a special port" in Article 11 shall read "in a port" .
The term "special ports" in Article 19 shall read "ports" .
Article 24 shall be revised as:
Article 24. Any person shall not throw or discharge ballast waste oil, cinder, ashes, dirt and other refuse matters, without permission, into the waters in a port or within 10,000 meters from the boundaries of a port.
2 When a vessel intends to dispose of the refuse matters prescribed in the preceding paragraph in a special port, she shall remove such refuse matters to a garbage boat which is identified by a Ministerial Ordinance and designated by the captain of the port or deposit them in a place designated by the captain of the port.
3 Any person who shall load or unload a vessel with coal, stone, bricks and other matters which are apt to be scattered about in a port or in the vicinity of the boundaries of a port shall take necessary measures not to have such matters fall into the waters.
4 The captain of the port may order a person who has thrown or discharged refuse matters in a special port in violation of the provisions of paragraph 1 or caused to fall matters which are apt to be scattered about in violation of the preceding paragraph, to take away such matters. This shall apply also to the case where refuse matters have been deposited, in violation of the provisions of paragraph 2, in a place other than the place designated by the captain of the port.
The clause "and shall report the matter as soon as possible to the captain of the port in the case of a special port" in Article 25 shall be amended as "and shall report the matter to the captain of the port in the case of a special port or to the Chief of a nearby Maritime Safety Headquarters, Maritime Safety Local Headquarters or Maritime Safety Station, or the captain of the port in the case of a port other than a special port" .
The term "within a special port" in Article 35 shall read "in a port" .
The following new Article shall be added immediately after Article 37:
(Provisions applicable mutatis mutandis)
Article 37-2. The provisions of Articles 10, 26, 29, 31, paragraph 2 of Article 36 and Article 37 shall apply mutatis mutandis to the ports other than the special ports. In this case, the authority of the captain of the port delegated to him by those provisions shall be delegated to the Chief of the Maritime Safety Headquarters in charge of the district in which such port is located.
In Article 38 "5,000 yen" shall read "50,000 yen" .
In Article 39 "3,000 yen" shall read "30,000 yen" and in item 4 of the same Article "Article 8, paragraph 3, Article 10 or Article 37, paragraph 1" shall read "Article 8, paragraph 3 or Article 10 or Article 37, paragraph 1 (inclusive of the case where these are applied mutatis mutandis in accordance with the provisions of Article 37-2)" .
In Article 40 "3,000 yen" shall read "30,000 yen" .
In Article 41 "3,000 yen" shall read "30,000 yen" and in item 1 of the same Article "Article 26, Article 31, paragraph 2 or Article 36, paragraph 2" shall read "Article 24, paragraph 4, or Article 26, Article 31, paragraph 2 or Article 36, paragraph 2 (inclusive of the case where these are applied mutatis mutandis in accordance with the provisions of Article 37-(2)" and in item 2 of the same Article, "Article 31, paragraph 1" shall read "Article 24, paragraph 1 or Article 31, paragraph 1 (inclusive of the case where it is applied mutatis mutandis in accordance with the provisions of Article 37-(2)" .
In Article 42 "1,000 yen" shall read "10,000 yen" .
In Article 43 "1,000 yen" shall read "10,000 yen" and in item 1 of the same Article "Article 29" shall read "Article 24, paragraph 3, Article 29 (inclusive of the case where it is applied mutatis mutandis in accordance with Article 37-(2))" .
In Article 44 "1,000 yen" shall read "10,000 yen" .
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Transportation OYA Shinzo
Prime Minister YOSHIDA Shigeru