(The Object of this Law and the Definition of Term)
Article 1. The object of this Law is to aid in insuring the safety of navigation and in addition to promote the efficiency of ships operation by maintaining the navigational aids in good order and operating them rationally and efficiently.
2 The term "Navigational aids" as used in this Law shall mean the Lighthouse, Light Beacon, Beacon, Buoy, Fog Signal Station, Radio Direction Finding Station and any other aid for safety of navigation of ships used as guiding marks in the harbors, bays, sounds, coastal waters of Japan by means of light, structure, color, sound, electric wave and etc.
(Establishment, Management of Navigational Aids)
Article 2. The Maritime Safety Board shall take charge of the establishment and management of navigational aids;provided that with the permission of the Director of the Maritime Safety Board in accordance with tie provisions of the Ministerial Ordinance, those other than the Maritime Safety Board may establish and manage the navigational aids at their own expenses in order to use it for their enterprises or works.
Article 3. The owner or the manager of a navigational aid, established with the permission called for in the provisory clause of the preceding Article, shall endeavour so that no trouble will happen to the function of the said navigational aid.
2 When the navigational aid, establisbed by those other than the Maritime Safety Board become inoperative due to cause for which the owner or the manager is responsible or any other cause which is commonly foreseenable and a hindrance is caused to the safety of navigation thereby, the Director of the Maritime Safety Board may give orders to the owner or the manager to take the necessary measures for the removal of the said hindrance.
Article 4. Besides the case mentioned in the paragraph 2 of the preceding Article, the Director of the Maritime Safety Board may give orders to the owner or the manager of the navigational aid, established by other than the Maritime Safety Board, when it is deemed necessary for safety of navigation, improvement, removal to other place, withdrawal or any other necessary measure for the said navigational aid.
2 The Director of the Maritime Safety Board may, when it is deemed especially necessary for safety of navigation, directly manage or expropriate it in accordance with the provisions of the Ministerial Ordinance.
(Change to the present status of the Navigational Aids)
Article 5. When the manager of the navigational aid, established by those other than the Maritime Safety Board wishes to abolish it, change its location or give any other change to its present status, he shall obtain the permission of the Director of the Maritime Safety Board in accordance with the provisions of the Ministerial Ordinance.
2 The manager under the preceding paragraph shall, when any change takes place in the present status of the navigational aid under his care, report it at once to the Director of the Maritime Safety Board.
(Notification of the Board for Navigational Aid)
Article 6. The Director of the Maritime Safety Board shall issue at once the notification when any navigational aid is newly established, or when any repeal, change of location or any other change of the status to the existing navigational aids occurs.
(Accident Discoverer's Responsibility)
Article 7. Any one who discovers trouble of and or accident to the navigational aids shall report it at once to the Maritime Safety Board or nearby local office of the Board.
(Restriction on Light, etc.)
Article 8. No one shall be allowed to use indiscriminately a light and or sound, mistakable for those of the navigational aids.
2 The Maritime Safety Officials may give orders to those, who commit or intend to do the actions mentioned in the preceding paragraph, to put out the light or stop the sound or to take other necessary measures so that it may not be mistaken for navigational aids.
(Restriction on Construction Works, etc.)
Article 9. Those who are engaged in the construction of buildings refloating of sunken articles, or other construction works of operation which are apt to cause hindrance to the functions of the navigational aid shall take the necessary measures for prevention of the said hindrance.
2 The Director of the Maritime Safety Board may give orders to those who have the responsibility of the said construction works or operations to take the necessary measures for preventing the hindrance to the functions of the navigational aids against the construction works or operations mentioned in the preceding paragraph.
(Restriction on Plants)
Article 10. No one shall plant in the vicinity of the navigational aid any plants which are apt to disturb the sight of the navigational aid.
2 Of the plants planted in violation to the provisions of the preceding paragraph, the Director of the Maritime Safety Board may give orders to those who have the responsibility of the plants to remove them to another place, to clear such parts of the plants which cause the hindrance, or to take other necessary measures. It shall be treated likewise when plants grow up and cause to disturb the sight of the navigational aid.
3 When the plants existing at the time of establishment of the navigational aids disturb or become to disturb the sight of the navigational aids, the Director of the Maritime Safety Board may give orders to those who have the responsibility of the plants to remove them to another place, to clear such parts of the plants which cause the hindrance, or to take other necessary measures.
(Restriction on Vessels)
Article 11. No vessel (including lighter, raft and other similar structure:hereinafter the same) shall sail unnecessarily too close to the navigational sids lest it should cause damage to the navigational aid.
2 No vessel shall be moored to the navigational aid.
3 No vessel shall lie at anchor or stay at a place which is apt to disturb the sight of or to come in contact with the navigational aid.
(Prohibition of staining and damaging the Navigational Aid)
Article 12. No one shall commit an act which is apt to cause stain or damage to the navigational aid.
(Indemnification for Loss)
Article 13. For losses caused by the provisions of Article 4, paragraph 1 or 2, or Article 10, paragraph 3, indemnification shall be made as provided for below:
1. The amounts of indemnities payable shall be commensurate, in the case of Article 4, paragraph 1, with the expenditure ordinarily required by the improvement, moving or removal of navigational aids concerned, and like measures;in the case of expropriating navigational aids in accordance with the provisions of the same Article paragraph 2, with the balance left after deducting the amount representing the depreciation from the expenditure that would ordinarily be required if such navigational aids had to be newly constructed;and, in the case of Article 10, paragraph 3, with the expenditure ordinarily required by the removal of the impediment part of, or the transplanting of, plants and like measures, in addition to the amount of the loss caused to such plants assessed in current prices.
2. Those who incurred loss shall present to the Director of the Maritime Safety Board, the written application in which the amount of indemnification to be claimed shall be stated.
3. Upon the receipt of the application under the preceding item, the Director-General of the Maritime Safety Board shall decide the amount of indemnification without delay. In this case the Director of the Maritime Safety Board shall first conduct the administrative hearing, giving a notice in advance of the date and place of such hearing to the said applicant.
4. Those who are dissatisfied with the decision mentioned in the preceding item may appeal to the Minister of Transportation.
5. The provisions of the preceding item do not exclude those who incurred loss from taking legal action to the Court.
(Administrative Hearing)
Article 14. Unless there is an impending necessity, the Director of the Maritime Safety Board or the Maritime Safety Officials, who intend to issue the order referred to in Article 8, paragraph 2, Article 9, paragraph 2 and Article 10, paragraph 2 or 3, shall first conduct the administrative hearing, giving a notice in advance of the date and place of such hearing to the person concerned, who may state their opinion at such hearing.
(Administrative Appeal)
Article 15. Those who are dissatisfied with the order issued under the provisions of Article 8, paragraph 2, Article 9, paragraph 2 and Article 10, paragraph 2 or 3, may appeal to the Minister of Transportation, who, if he deems it proper, may revoke the order issued by the Director of the Maritime Safety Board or the Maritime Safety Officials.
(Penal Provisions)
Article 16. Any person who violates the provisions of Article 11, shall be punished with a fine not more than ten thousand yen:
Article 17. Any person who falls under any of the following items shall be punished with a fine not more than five thousand yen:
1. Any person who violates the provisions of Article 8, paragraph 2, Article 9, paragraph 2 or Article 10, paragraph 2 or 3.
2. Any person who violates the provisions of Article 12.