(Purpose)
Article 1. The purpose of this Law is to conserve the forest by exterminating pine bark beetles and other similar borers, and other destructive forest pests and diseases early and thoroughly, and preventing the further spread of the same.
(Definition)
Article 2. "Pine bark beetles and other similar borers" as used in this Law shall mean the borers which infest pines, cedars and other trees and are detrimental to the growth of these trees.
2 "Felled trees" as used in this Law shall mean those trees cut down and trunks, branches and twigs of other trees separated from the soil (inclusive of saw timber and fuelwood) which are not peeled.
(Extermination Order)
Article 3. The Minister of Agriculture and Forestry may, if he deems pine bark beetles and other similar borers liable to spread extraordinarily and to damage seriously forest resources, issue such orders as mentioned in the following items by designating area and time limit within such limits as necessary for exterminating the same early and thoroughly or preventing the further spread of the same:
(1) Order to make the owner or custodian of such trees as infested with pine bark beetles and other similar borers fell and peel such trees and burn pine bark beetles and other similar borers and those branches, twigs and barks which the same have infested;
(2) Order to make the owner or custodian of a cut-over area peel off the stubs which are infested or liable to be infested with pine bark beetles and other similar borers and burn the pine bark beetles and other similar borers and those branches, twigs and barks which the same have infested;
(3) Order to restrict or prohibit the movement of felled trees infested with pine bark beetles and other similar borers;
(4) Order to make the owner or custodian of felled trees infested or likely to be infested with pine bark beetles and other similar borers take measures of peeling or burning of branches, twigs and barks thereof.
2 Any order under the provision of the preceding paragraph which involves compensation for loss in accordance with the provisions of Article 8 shall be made so that the total amount of compensation required therefor may not exceed the amount of the budget estimated approved by the Diet.
3 In case of the issuance of any order under the provision of paragraph 1, the following items shall be published thirty days previous thereto in accordance with the procedures as provided for by Ministerial Ordinance:
(2) Type of pine bark beetles and other similar borers;
(3) Details of the steps to be taken;
(4) Any other necessary matters.
4 Any owner of forest, trees or felled trees in the area as referred to in item (1) of the preceding paragraph may file an objection in writing with reasons therefor stated therein with the Minister of Agriculture and Forestry within two weeks after the day of the publication provided for in the same paragraph.
5 The Minister of Agriculture and Forestry shall, upon receipt of the objection filed under the provision of the preceding paragraph, make his decision on the said objection after giving the owner or his proxy an opportunity to present evidence and to express opinion at a public hearing, notifying in advance the date and place thereof to the person.
6 The Minister of Agriculture and Forestry may, in cases where he can not locate the person who is to receive the order under paragraph 1 or where he can not deliver the said order to that person, make a public notice of the contents of the said order in accordance with the procedures as provided for by Ministerial Ordinance, and substitute the public notice for delivery.
(Extermination Measures)
Article 4. The Minister of Agriculture and Forestry may, in case he has issued the order under paragraph 1 item (1), (2) or (4) of the preceding Article, when the owner or custodian of forest, trees or felled trees has failed to take the ordered measures within the designated period, take the measures concerned as a whole or in part.
2 The Minister of Agriculture and Forestry may ask To, Do, Fu or prefecture for cooperation, if it is necessary in case of taking measures to exterminate pine bark beetles and other similar borers or to prevent the further spread of the same.
(Extermination Order, etc. by Governor of To, Do, Fu or Prefecture)
Article 5. The governor of To, Do, Fu or prefecture may issue orders under the items of Article 3 paragraph 1, if it is necessary for exterminating pine bark beetles and other similar borers or for preventing the further spread of the same, by designating area and time limit within the limits of such necessity.
2 In the case under the preceding paragraph, the provisions of Article 3 paragraphs 3 to 6 inclusive and paragraph 1 of the preceding Article shall apply mutatis mutandis.
(Spot Inspection)
Article 6. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, if he deems it necessary for exterminating pine bark beetles and other similar borers or for preventing the further spread of the same, make officials concerned or control members enter forest, timber-yard, warehouse or any other place where felled trees are stored to inspect the trees or felled trees, or remove without compensation barks or branches and twigs in a minimum quantity required for inspection.
2 The officials concerned or the control members who make spot inspection or removal in accordance with the provision of the preceding paragraph shall bear with them the certificates which identify their status and show them to persons concerned when required.
3 The right to the spot inspection or removal under the provision of paragraph 1 shall not be construed as being recognized for criminal search.
(Right to Direct)
Article 7. Any official concerned or control member may, if he has recognized that felled trees are infested with pine bark beetles and other similar borers or liable to be infested with the same as a result of the inspection under the provision of paragraph 1 of the preceding Article, direct the owner or custodian of the felled trees concerned to take such measures as peeling or burning of branches, twigs and barks.
2 The official concerned or the control member may, in case where the person who has received the direction under the preceding paragraph does not comply therewith, take such measures himself as peeling or burning of felled trees concerned.
(Compensation for Loss)
Article 8. The state or To, Do, Fu or prefecture shall compensate for losses to persons upon whom the losses have been inflicted through orders under the provision of Article 3 paragraph 1 or Article 5 paragraph 1 or through disposition taken by officials concerned or control members in accordance with the provision of paragraph 2 of the preceding Article.
2 The amount of compensation under the provision of the preceding paragraph shall, in case of the loss caused by order under Article 3 paragraph 1 item (1), (2) or (4), be a sum equivalent to the cost usually necessary for taking such measures as peeling of trunk, root and stump or as burning of branches, twigs and barks, and, in case of the loss caused by the order under item (3) of the same paragraph or by the disposition under paragraph 2 of the preceding Article, be a sum equivalent to such loss as may be caused usually by the above order or disposition.
3 Any person who intends to ask for the compensation under paragraph 1 shall submit a written application, stating an estimated amount of compensation therein, to the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture.
4 The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture shall, upon receipt of the application under the preceding paragraph, decide without delay the amount of compensation and shall notify the applicant thereof.
5 The applicant may, if he is dissatisfied with the decision under the preceding paragraph, make an appeal to the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture.
(National Subsidy)
Article 9. The state may subsidize To, Do, Fu or prefecture, within the limit of the budgetary appropriations, for a part of expenses necessary for the measures concerning extermination of pine bark beetles and other similar borers or prevention of the further spread of the same which are taken by the governor of To, Do, Fu or prefecture under the provisions of this Law.
(Share)
Article 10. To, Do, Fu or prefecture may collect a share under Article 217 of the Local Autonomy Law (Law No.67 of 1948) from such owner or custodian of forests, trees or felled trees within the limit of benefit he may get as a beneficiary of those measures necessary for exterminating pine bark beetles and other similar borers or for preventing the spread of the same which are taken by the governor of To, Do, Fu or prefecture in accordance with the provision of Article 5 paragraph 1 or Article 4 paragraph 1 which applies mutatis mutandis in paragraph 2 of the same Article or of that disposition which is made by the control member in accordance with the provision of Article 7 paragraph 2.
(Forest Noxious Insects Control Member)
Article 11. To, Do, Fu or prefecture shall have forest noxious insects control members to be appointed from among personnel of To, Do, Fu or prefecture concerned in order to make them engage in the business of exterminating pine bark beetles and other similar borers and of preventing the further spread of the same as provided for by this Law.
(Special Exceptions)
Article 12. When forest noxious insects other than pine bark beetles and other similar borers, or beasts, fungi or viruses are liable to damage seriously forest resources by spreading extraordinarily, and if it is necessary to exterminate promptly the same or to prevent the further spread of the same, necessary matters for exterminating the same or preventing the further spread of the same may be determined by Cabinet Order, applying mutatis mutandis the provisions of Articles 3 to 10 inclusive and fixing a time limit not exceeding one year.
(Penal Provisions)
Article 13. Any person who falls under any one of the following items shall be punished with a penal servitude not exceeding three years or a fine not exceeding fifty thousand yen:
(1) A person who has violated the order as referred to in Article 3 paragraph 1 item (3), given by the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture;
(2) A person who has rejected, obstructed or evaded the disposition under the provision of Article 4 paragraph 1 (inclusive of the case where it applies mutatis mutandis under Article 5 paragraph 2).
Article 14. Any person who falls under any one of the following items shall be punished with a penal servitude not exceeding one year or a fine not exceeding thirty thousand yen:
(1) A person who has violated the order as referred to in Article 3 paragraph 1 item (4), given by the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture;
(2) A person who has rejected, obstructed or evaded the disposition under the provision of Article 7 paragraph 2.
Article 15. Any person who has rejected, obstructed or evaded the inspection under the provision of Article 6 paragraph 1 shall be punished with a fine not exceeding ten thousand yen.
Article 16. In case a representative of a juridical person, or an agent, employee or other worker of a juridical person or a person has committed the violations under the preceding three Articles in regard to the business of the juridical person or the person, the juridical person or the person shall be punished with a fine under each Article concerned in addition to that the offender shall be punished.