Chapter I General Provisions

Section 1 Objectives, Mandate and Definition

(Purpose of this Law) Article 1. The purpose of this Law is to effect coordination and standardization of surveying, where public funds or the use of public surveying data are in anyway involved, to avoid duplication, maintain accuracy, define necessary authority for execution and generally to effect improvement in surveying.

(Relation to other Laws) Article 2. Surveying shall be accomplished according to the provisions of this Law unless otherwise stipulated by laws specifically.

(Surveying) Article 3. "Surveying or surveys" within the meaning of this Law shall be land surveys, including preparation of maps and taking of photographs necessary for surveys.

(Basic Survey) Article 4. "Basic survey" within the meaning of this Law shall be basic fundamental surveys conducted by the Geographical Survey Institute, Ministry of Construction (hereinafter referred to as "Geographical Survey Institute" ).

(Surveys for Public Projects) Article 5. "Surveys for public projects" within the meaning of this Law shall be surveys for projects which will utilize public funds for all or part of their costs except minor surveys such as surveys for minor roads, buildings, etc. as specified by the Minister of Construction upon consulting land survey Council and provided for by Cabinet Order.

(Surveys other than Basic Survey or Surveys for Public Projects) Article 6. "Surveys other than basic survey or survey for public projects" within the meaning of this Law shall be any surveys for which data established by or for government agencies is used during the survey.

(Survey Planning Organ) Article 7. "Survey planning organ" within the meaning of this Law shall be the agency or person who prepares plans or causes plans to be prepared for surveys provided for in Article 5 and Article 6. The survey planning organ may, in case of executing its own plans, also be the survey operations organ.

(Survey Operations Organ) Article 8. "Survey operations organ" within the meaning of this Law shall be the agency or person, public or private, who executes the operations of surveys upon receiving instruction from the survey planning organ.

(Survey Data and Survey Record) Article 9. "Survey data" within the meaning of this Law shall be the date obtained as the final results of the survey concerned and "survey records" shall be the records of operations compiled in the process of obtaining survey data.

(Survey Markers) Article 10. "Survey markers" within the meaning of this Law includes permanent marker, semipermanent marker and temporary marker, base stations, which are listed as follows: (1) Permanent marker shall be triangulation marker, orienting marker, azimuth marker, bench mark, magnetic station marker, base line marker and other types of markers, including tide gauge stations, which are constructed with permanent type materials such as stone or metal; (2) Semi-permanent marker shall be signal or target tower and wooden markers; (3) Temporary markers shall be signal flags and wooden markers. 2 Specifications, including type of materials used for survey markers shall be fixed by the Ministry of Construction Ordinance. 3 All monuments or markers set by persons engaged in the execution of basic survey shall be marked clearly showing the agency responsible for the markers and that it is government property.

Section 2 General Specifications

(Basis of Survey) Article 11. Basic surveys and public project surveys shall be based on the following specifications: (1) Figure and size of the Earth shall be based on the following calculations by Bessel: Equatorial radius:6,377,397.155 m Flattening or Ellipicity:1/299.152813 (2) Positions of points will be shown by geographic coordinates. In addition, however, rectangular or polar coordinates may be shown if desired and may be required if specified by the Minister of Construction; (3) Distances and areas shall be shown in values of horizontal surface; (4) Japanese standard datum of triangulation and Japanese standard datum of levelling shall be used, except in case of surveys of isolated islands or other special cases, when approved by the Chief of the Geographical Survey Institute; (5) Location of the records of Japanese datum specified in the preceding item will be stipulated and publicized by Cabinet Order.

Chapter II General Provisions for Basic Surveys

section 1 Planning and Executions

(Long Range Plans) Article 12. The Minister of Construction, after consultation with the Surveying Council, shall make long range plans for conducting basic survey.(The functions and membership of the Surveying Council shall be prescribed in Chapter 6 Articles 55 to 59 inclusive.)

(Request for Data and Reports) Article 13. The Chief of the Geographical Survey Institute may require and Government agency or office to submit data or reports concerning the execution of basic surveys and is authorized to require such information from any other available sources.

(Notice of Execution) Article 14. The Chief of the Geographical Survey Institute before executing basic surveys shall notify Governors of To, Do, Fu and prefectures concerned as the district, period and other necessary procedural or administrative matters. 2 When the above surveys have been completed the Chief of the Geographical Survey Institute shall notify the Governors of To, Do, Fu and prefectures concerned. 3 When Governors of To, Do, Fu and prefectures haved received the notifications stipulated in the preceding two paragraphs they shall publicize them without delay.

(Entering Land and Notifying) Article 15. Survey parties of the Geographical Survey Institute engaged in basic surveys, when it is deemed necessary to the execution of said surveys, may enter national land, public land or private land. 2 The chief of survey party shall notify the owner, occupant or supervisor prior to entry to lots or land enclosed by fence or palisade, except when it is difficult to do so (as in case of an absentee owner). 3 Survey party members shall carry certificates of identification and when requested by the owner or occupant, shall show the same.

(Removing of Obstacles) Article 16. The chief of the Geological Survey Institute or persons under order of the above, when executing basic surveys finds it indispensable, may cut down plants and trees to take down fences, palisades, etc., provided that permission or approval of the owner, occupant or supervisor has been obtained.

Article 17. When basic surveys are being conducted in areas of forested hills and fields or similar lands and it is difficult to obtain prior approval or permission of the owner, occupant or supervisor and, moreover, it is not expected that marked damage to plants, fences, palisades, etc. will result, then, in spite of the requirement of Article 16, the personnel listed in Article 16 may cut down plants and trees and remove fences or palisades. In this case it is required that the owner, occupant or supervisor be notified of the action without delay.

(Temporary Occupation of Land, etc.) Article 18. Officials and survey parties of the Geological Survey Institute engaged in basic surveys may, when it is deemed necessary to place temporary markers, temporarily occupy land, trees or structures provided that the owner, occupant or supervisor has been previously notified except where such previous notification is difficult.

(Expropriating or Use of Land and Others) Article 19. When it is deemed necessary in the execution of basic surveys, the government may expropriate or use land, trees or structures. 2 Concerning expropriation and use of land stipulated in the preceding paragraph the Eminent Domain Law (Law No.29 of 1890) shall apply. 3 When the Governors of To, Do, Fu and prefectures publicize the notices prescribed in Article 14 paragraph 3 of this Law, it will be considered that the regulations contained in Article 14 of the Eminent Domain Law (Law No.29 of 1890) concerning publicity have been complied with.

(Compensation) Article 20. When losses are inflicted on plants, trees, fences, palisades, structures, etc. by clearing or removal during the execution of basic surveys under the provisions of Articles 16, 17 or 18 of this Law, the government shall reimburse the owner at an appropriate price. 2 Person entitled to compensation according to the provisions of the preceding paragraph who object to the amount of compensation offered may request decision of the Condemnation Committee within one month from the date of receiving notice of the amount of compensation offered, in accordance with the procedures provided for by Cabinet Order.

(Notification regarding Permanent Markers and Semi-permanent Markers) Article 21. When the chief of the Geological Survey Institute or his representatives establishes permanent markers or semi-permanent markers, he shall notify Governors of To, Do, Fu and prefectures concerned as to the kinds and locations of markers. 2 When a Governors of To, Do, Fu or prefecture receives notification stipulated in the preceding paragraph, he shall notify mayors of cities, towns and villages (including heads of Special Wards;hereinafter the same). 3 When mayors of cities, towns and villages and heads of Special Wards find destruction, damage or something wrong with permanent markers or semi-permanent markers, they shall notify the chief of the Geographical Survey Institute without delay.

(Safeguarding of Survey Markers) Article 22. No person shall impair the effective value of survey markers placed for basic survey by moving, removing, damaging or by any other action.

(Transposing, Removing or Abolishing of Permanent Markers and Semi-permanent Markers) Article 23. When the chief of the Geographical Survey Institute transposes, removes or abolishes a permanent marker or semi-permanent marker, he shall notify the Governor of To, Do, Fu or prefecture concerned and the owner, occupant or supervisor of the land. 2 The provisions of Article 21 paragraph 2 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.

(Request for Transposing of Survey Markers) Article 24. If a person expects to commit an act which might destroy or lower the effective value of a permanent marker or semi-permanent marker, he may request the Chief of the Geographical Survey Institute, for transposition of marker concerned by a letter stating reasons in full through Governors of To, Do, Fu and prefectures. In case a government agency or project of To, Do, Fu and prefectures might damage a marker, notification will be made directly to the Chief of the Geographical Survey Institute. 2 When a Governor of To, Do, Fu or prefecture receives requesting papers stipulated in the provisions of the preceding paragraph, he shall forward the same with his recommendation attached thereto. 3 When the Chief of the Geographical Survey Institute finds good reasons in the request stipulated in paragraph 1, he shall transpose the marker concerned, and if he finds the reasons insufficient, he shall so notify the person requesting the transposition of the matter. 4 Partial expenses for transposing marker stipulated in the preceding paragraph shall be assumed by the person requesting the transposing by assuming the actual costs of transportation.

Article 25. In case a member of the personnel of the Geographical Survey Institute engaged in basic surveys received a request for transposition of temporary marker, he shall transpose the same if there are good reasons for the request.

(Use of Survey Marker) Article 26. Any person planning to execute surveys other than basic surveys, may use survey marker placed for basic surveys by obtaining approval or the Chief of the Geographical Survey Institute.

Section 2 Survey Data

(Publicizing and Safeguarding Survey Data) Article 27. When the Minister of Construction obtains survey data of basic survey, he shall pulicize in the Official Gazette as to kind of survey concerned, its time and district of execution, accuracy and other information deemed useful. 2 The Minister of Construction shall publish maps based on the survey data of basic surveys and may publish other information deemed useful after consulting with the Land Surveying Council. 3 The chief of the Geographical Survey Institute shall be responsible for maintaining facilities to safeguard, make available for inspection by the public and government agencies for the basic surveys data and records as well as the data referred to in Articles 40, 41 and 46.

(Opening Survey Data to the Public) Article 28. Any person wishing to inspect survey data or survey record of basic surveys or wishing to request an attested copy of transcript shall comply with the provisions stipulated in the Ministry of Construction Ordinance indicating administrative procedures thereof. 2 Person wishing to request an attested copy of transcript stipulated in the preceding paragraph shall pay a fee not exceeding the actual cost of reproduction or publication in accordance with Cabinet Order.

(Reproduction of Survey Data) Article 29. Persons wishing to Snake further reproductions of survey data of basic surveys legally acquired under the provisions of Article 28 including maps, diagrams and data tables shall obtain the approval of the chief of the Geographical Surrey Institute prior to reproduction. The chief of the Geographical Survey Institute shall disapprove such requests if there is reasonable cause to believe that the reproductions are for commercial purposes such as sale or resale of reproduced data.

(Use of Survey Data) Article 30. Persons planning to execute surveys based on data of basic surveys shall obtain the approval of the chief of the Geographical Survey Institute prior to beginning such surveys. Approval required is for the purpose of assuring that survey data are appropriate for the survey concerned. 2 Persons who executed surveys based on data of basic surveys in accordance with the provisions of the preceding paragraph shall clearly show the survey data of basic survey used for survey data of the survey concerned with execution thereof. 3 Persons wishing to issue maps or other publications based directly or indirectly on survey data of basic surveys shall clearly show in such maps or publications to what extent he utilized basic survey data in preparation thereof.

(Revision of Survey Data) Article 31. The chief of the Geographical Survey Institute shall make revisions without delay in basic survey data in case the accuracy of these data becomes impaired due to earth crust movement or by any other causes.

Chapter III General Provisions for Surveys for Public Projects

Section 1 Plan and Execution

(Basic for Survey for Public Projects) Article 32. Surveys for public projects shall be based on the survey data of basic surveys or based on data of another survey for public projects which was based on basic survey datum.

(Specification) Article 33. All specifications prepared by survey planning organs for surveys for public projects shall include specifications as to kinds of instruments, methods of observations and methods of computations and the said specifications shall be submitted to the Minister of Construction for approval. The same shall apply in case of revisions of such plans. 2 The surveys shall be executed based on the approved specifications stipulated in the preceding paragraph.

(Standards of Specifications) Article 34. The Minister of Construction may prepare standard specifications for executing survey for public projects upon consulting the Land Survey Council.

(Adjustment of Surveys for Public Projects) Article 35. In case the Minister of Construction deems it necessary for securing accuracy or survey or for avoiding duplication of surveys, he may give advice to the survey planning organs or he may require report of long term plans or yearly plans for surveys for public projects from survey planning organs. 2 Before giving advice stipulated in the preceding paragraph the Minister of Construction shall first consult with the Land Survey Council.

(Advice to Execution of Plans) Article 36. In case the survey planning organs intend to execute survey for public projects, they shall require beforehand technical advices of the Chief of the Geographical Survey Institute regarding the proposed survey plans accompanied by a program stating the following matters. The same procedure shall be followed in case survey plans are changed during the execution: (1) Object, district and term; (2) Accuracy and method; (3) Name of survey operation organ.

(Marking to show Surveys for Public Projects and Others) Article 37. All monuments or markers set by persons engaged in the execution of surveys for public projects will be marked in such a manner so as to clearly show the agency responsible for the marker and show that it is a monument for a public project. 2 Persons executing surveys for public projects may require of mayors of cities, towns, villages and heads of Special Wards to furnish available information pertinent to the execution of the surveys. 3 A report shall be submitted without delay to the Chief of the Geographical Survey Institute by the responsible survey planning organ concerning any permanent survey markers set in connection with surveys for public projects and shall include the kind of marker, location and other pertinent information.

(Surveys for Public Projects executed by the Geographical Survey Institute) Article 38. The provisions of Articles 33, 35, 36 and paragraph 3 of the preceding Article shall not apply to surveys for public projects executed by the Geographical Survey Institute.

(Provisions for Basic Survey applied for Others by Changes) Article 39. The provisions of Articles 14 to 26 inclusive shall apply mutatis mutandis to survey for public projects. In this case, in Articles 14, 16, 17, 21, 23, 24 and 26 "the Chief of the Geographical Survey Institute" shall read "the Chief of the Survey Planning Organ." In Articles 15 to 18 inclusive "the personnel of the Geographical Survey Institute" shall read "the personnel or representative of the survey planning organ" or "the personnel or representative of the survey operation organ respectively. In Article 25" the personnel or representative of the Geographical Survey Institute "shall read" the personnel or representative of the survey operation organ."

Section 2 Survey Data

(Submitting Survey Data) Article 40. When a survey planning organ obtains survey data in connection with survey for public projects, a copy of these data shall be sent without delay to the Chief of the Geographical Survey Institute. 2 When the Chief of the Geographical Survey Institute deems it necessary to review more detail the data submitted in accordance with the provisions of the preceding paragraph, he may require a copy of the survey records used in compiling these data.

(Review and Checking on Survey Data) Article 41. Upon receipt of data under the provisions of Article 40, the Chief of the Geographical Survey Institute shall review the data, apply any checks, when deemed necessary, and shall notify the survey planning organ that submitted the data of the results of his findings. 2 When, as results of review and checking of data provided for in the preceding paragraph, the Chief of the Geographical Survey Institute finds any data of sufficient accuracy and scope to be of public value, he shall publish the data concerned, giving kind of survey, time executed, location, name of survey planning organ and survey operations organ and opinions in respect to accuracy.

(Keeping and Inspection of Survey Data) Article 42. Regarding the survey records and survey data referred to in Articles 40 and 41, the provisions of Article 27 paragraph 3 shall apply. 2 Regarding inspection and acquisition of survey data and survey records referred to in the preceding paragraph, the provisions of Article 28 shall apply. 3 Survey planning organs may require the Chief of the Geographical Survey Institute to keep the original survey records and survey data executed by them, if they desire.

(Reproduction of Survey Data) Article 43. Persons wishing to make further reproductions of survey data of surveys for public projects shall obtain the approval of the Chief of the survey planning organ concerned for survey data or survey records, including maps, diagrams and data tables. The chief of the survey planning organ concerned shall disapprove such requirements, if there is reasonable cause of believe that the reproductions are for commercial purposes such as sales or resale of reproduction data.

(Use of Survey Data) Article 44. Persons planning to excute surveys based on data of surveys for public projects shall obtain the approval of the chief of the survey planning organ concerned. Approval required is for the purpose of assuring that survey data are appropriate for the survey concerned. 2 In the case of preceding paragraph the survey data used for surveys for public projects shall be clearly shown in data of the survey. 3 Persons wishing to issue publications based directly or indirectly on survey data of surveys for public projects shall clearly show the fact in such publications.

Chapter IV Surveys other than Basic Surveys and Surveys for Public Projects

(Notification) Article 45. Persons planning to execute surveys which are within the sphere of surveys prescribed in Article 6 shall notify the Minister of Construction prior to execution of such surveys. 2 The notification in the preceding paragraph shall be made for the Minister of Construction and the Chief of the Geographical Survey Institute for the purpose of giving the necessary informations concerned in order to execute the functions provided for in Article 46;under any circumstances, the Minister of Construction shall not interfere with execution of survey started in the notification.

(Survey Data and Survey Records to be Submitted, etc.) Article 46. In case surveys by private persons or private agencies are of such a large scope that in opinion of the Chief of the Geographical Survey Institute, after consulting with the Land Survey Council through the Minister of Construction, and the resulting data would be of public benefit, the Chief of the Geographical Survey Institute shall be permitted to inspect the resulting survey data and may require copies for which a fee may be changed but it must not exceed the actual cost of reproduction or duplication. 2 The Chief of Geographical Survey Institute may advise relating to the type of instruments and specifications for notified surveys prescribed in the preceding paragraph. 3 In case the executor of the survey would be asked to review the inspection or copies of the Chief of the Geographical Survey Institute, he may refuse to show them if there are good reasons.

(Scope of Regulations and Surveys according to Surveys of Article 5) Article 47. Local surveys for minor roads, building or for defining the boundaries and areas of lots or small farm plots shall not be classed as within the scope of provisions of this Law but persons executing such surveys are encouraged to make use of the technical advice of the Chief of the Geographical Survey Institute in order to improve survey methods. 2 Surveys for private projects which utilize or plan to utilize public funds in any manner whether by grant or subsidy or require approval of the Government under existing laws (except those prescribed in the preceding paragraph) may be classed by the Minister of Construction after consulting with the Land Survey Council as within the sphere of surveys provided for in Article 5 under the provisions of all Articles of this Law pertinent to that type of surveys.

Chapter V Surveyor and Assistant Surveyor

(Surveyor and Assistant Surveyor) Article 48. Persons engaged in basic surveys or surveys for public projects in a technical capacity shall be a registered surveyor or assistant surveyor in accordance with registration procedures provided for in Article 49. 2 A surveyor shall prepare survey plans or execute surveys, including all technical matters pertaining thereto in his technical field.

(Registration of Surveyor and Assistant Surveyor) Article 49. Persons with qualifications of a surveyor or assistant surveyor who wish to be recognized as such shall register in a surveyor's or assistant surveyor's registry book by forwarding, properly attested papers which will include qualifications in his technical field. The qualifications of applicants for registration must be in accordance with the provisions of Articles 50 and 51. 2 Surveyor's and assistant surveyor's registers shall be kept at the Geographical Survey Institute, Ministry of Construction. 3 When a person is registered in accordance with the provisions of paragraph 1, he shall pay a fee not exceeding 1,000 yen stipulated by Cabinet Order.

(Qualification for Surveyor) Article 50. Any person who falls under one of the following items shall be qualified as a surveyor: (1) A graduate of technical or science course of a university recognized by the Minister of Education including curriculums relating to surveying and more than one year's experience in surveying in his field; (2) A graduate of technical college recognized by the Minister of Education including curriculums for surveying and more than three years'experience in surveying in his field; (3) Persons who has acquired for more than one year, technical knowledge and ability necessary for becoming an assistant surveyor and also more than two years'experience in surveying in his field; (4) Assistant surveyor who has completed an advanced course in surveying in a technical training institution for survey approved by the Minister of Construction; (5) Person who has passed an examination for surveyor conducted by the Chief of the Geographical Survey Institute.

(Qualification for Assistant Surveyor) Article 51. Any person who falls under one of the following items shall be qualified as an assistant surveyor: (1) A graduate of a technical or science course of a university recognized by the Minister of Education including curriculums for surveying; (2) A graduate of a technical college recognized by the Minister of Education including curriculums for surveying; (3) Person who has acquired, for more than one year, technical knowledge and ability necessary for becoming an assistant surveyor in a technical training institution approved by the Minister of Construction; (4) Person who has passed an examination for assistant surveyors conducted by the Chief of the Geographical Survey Institute.

(Cancelling Registration) Article 52. The Chief of Geographical Survey Institute shall cancel the registration of a surveyor or assistant surveyor for any one of the following reasons: (1) When decreased; (2) When convicted in court of violating this law and penalized heavier than a fine; (3) When found to have submitted false information in application for registration regarding his qualification.

(Examination Fee) Article 53. Person seeking to register himself as a surveyor or assistant surveyor through examination under the provisions or Article 50 item (5) and Article 51 item (4) shall pay a fee not exceeding 500 yen stipulated by Cabinet Order.

(Enforcement Regulations) Article 54. Cabinet Order shall be issued to regulate procedures, other than those provided for by this Law, in connection with the examination and registration of surveyors and assistant surveyors.

Chapter VI Land Survey Council

(Establishment of Land Survey Council and its Powers) Article 55. The Land Survey Council shall be established in the Ministry of Construction for the purpose of exercizing powers provided for by this Law and to investigate important matters concerning surveying. 2 The Land Survey Council may make recommendations to any administrative organ on matters pertaining to surveying.

(Organization of Land Survey Council) Article 56. The Land Survey Council shall be composed of members not exceeding twenty in number. 2 Members of the Council shall be appointed by the Minister of Construction from among personnel of administrative organs concerned and from among persons of learning and experience in the field of engineering. 3 The term of office of members appointed from among persons of learning and experience shall be two years;however, the term of office of the member who fills vacancy in the membership shall be the remainder of the term of office of his predecessor. 4 The members of the Council prescribed in the preceding paragraph may be reappointed.

Article 57. There shall be a chairman in the Land Survey Council elected from among the members. 2 Chairman shall execute general affairs of the Council. 3 The Land Survey Council shall also elect one of the members in advance by mutual vote to take the place of the Chairman in his absence.

(Compensations for Members of Council) Article 58. Compensations for members of the Land Survey Council shall be fixed by Cabinet Order within the provisions of the Law regarding Pay of National Public Service Personnel.

(General Affairs Work of Land Surveying Council) Article 59. The general affairs in the Land Survey Council shall be provided for by the Geographical Survey Institute.

Chapter VII Appeal

(Appeal) Article 60. In case a person is dissatisfied with a decision of such administrative organs as provided for in this Law, he shall be granted the right to appeal to the Minister concerned.

Chapter VIII Penalties for Violations

Article 61. Poison violating the provisions of Article 22 including the case of application to surveys for public projects provided for in Article 39 shall be punished with penal servitude not exceeding two years, or fine not exceeding 50,000 yen.

Article 62. Person coming under one of the following items shall be punished with penal servitude not exceeding one year, or fine not exceeding 30,000 yen: (1) Person engaged in basic surveys or surveys for public projects or other who willfully act to spoil the validity of survey data of basic surveys or surveys for public projects; (2) Person violating the provisions of Article 48 paragraph 1.

Article 63. Person coming under one of the following items shall be punished with penal servitude not exceeding six months, or fine not exceeding 10,000 yen: (1) Person interfering with the execution of basic survey or surveys for public projects without good reason; (2) Persons willfully preventing or interfering with survey personnel from entry according to the provisions of Article 15 (including application to surveys for public projects provided for in Article 39); (3) Persons willfully preventing or interfering with temporary use of land, trees or structures according to the provisions of Article 18 (including application to surveys for public projects provided for in Article 39).

Article 64. Persons coming under one of the following items shall be fined not exceeding 10,000 yen: (1) Person violating the provisions of Article 26 (including application to surveys for public projects provided for in Article 39); (2) Persons violating the provisions of Article 29; (3) Persons violating the provisions of Article 30 paragraph 1.

Article 65. When representatives, agents, employees or others working for, whether on the affairs of a juridical person and such persons have acted in violation of the four preceding Articles, besides penalizing the violator of the juridical person or persons involved shall also be penalized by the fines prescribed in the four preceding Articles.