(Surveys Operated by Persons Other than the Maritime Safety Agency)
Article 6. Any person other than the Maritime Safety Agency who intends to conduct hydrographic survey with the whole or part of the expenses for which is to be borne by the state or a local public body or subsidized by such shall obtain the permission of the Director of the Maritime Safety Agency in advance;provided that this shall not apply to such surveys conducted for scientific purposes or surveys conducted locally as defined by a Ministry of Transportation Ordinance.
(Advice to Operation of Hydrographic Survey)
Article 7. The Director of the Maritime Safety Agency may, when deemed necessary, give advices in regard to the enforcement plan for a hydrographic survey to the person who has obtained the permission in accordance with the provisions of the preceding Article.
(Public Notice of Operation)
Article 8. The Director of the Maritime Safety Agency shall, in case he intends to conduct any hydrographic survey, give a public notice on the locality, period and other necessary matters concerned in advance;the same shall apply to the case a permission has been given under the provisions of Article 6.
(Standard of Hydrographic Survey)
Article 9. Any hydrographic survey as conducted by the Maritime Safety Agency or by the person obtained the permission under Article 6 shall conform to the survey standards as enumerated in the following items:
(1) The topography and magnitude of the earth shall be based on the following values estimated by Bessel;
Equatorial radius= 6,337,397.155m.
Flattening or ellipticity= 1:299.152813
(2) The position shall be shown by geographical latitude and longitude;
(3) The original point of survey shall be based on the original point of Japanese latitude and longitude;provided that this shall not apply to such surveys conducted on the sea or under any other special circumstances as approved by the Director of the Maritime Safety Agency;
(4) The height shall be shown by the height measured from the mean sea level;
(5) The depth shall be shown by the depth measured from the datum level for soundings;
(6) The dry rock and dry bank shall be shown by the height measured from the datum level for soundings;
(7) The coast line shall be shown by the boundary between land and sea surface when the sea has nearly attained its highest high-water level;
(8) The mean sea level and datum level for soundings shall be defined by a Ministry of Transportation Ordinance.
(Request for Data or Reports)
Article 10. The Director of the Maritime Safety Agency may, when deemed necessary, request local public bodies and other administrators of harbor facilities to submit the data or reports on the conditions of the harbor facilities under their control.
Article 11. The Director of the Maritime Safety Agency may, when deemed necessary, request ships to submit necessary reports for the compilation of hydrographic charts and publications.
(Entry into Land or Water Area)
Article 12. Any official of the Maritime Safety Agency may, in case of necessity for conducting hydrographic survey or oceanographic observation, enter any land or water area owned, occupied or exclusively used by the State, local public bodies or private persons.
2 In case any official enters a water area or land enclosed by fences or stockades, etc. in accordance with the provision of the preceding paragraph, he shall notify it in advance to the owner, occupants or a person using it exclusively;provided that this shall not apply to case where it is difficult to do so in advance.
3 In case any official of the Maritime Safety Agency enters land or water area in accordance with the provision of paragraph 1, he shall carry with him an identification card and shall show it when requested by the person concerned.
(Removing of Obstacles)
Article 13. The official of the Maritime Safety Agency may, in case of special necessity, cut down or remove plants, fences or stockades, etc. obstructing the operation, with obtaining, in advance, the permission of the owner or occupant.
Article 14. In case the official of the Maritime Safety Agency conducts hydrographic survey at an isolated island or places similar to it, he may cut down the plants or remove the fences or stockades, etc. without obtaining permission regardless of the provisions of the preceding Article, when it is difficult to get the permission of the owner or occupant in advance and when it is expected that any marked damage is not inflicted upon the said object;in this case, he shall notify the owner or occupant of the fact without delay.
(Compensation for Loss)
Article 15. In case any damage is caused by the entry or cutting down in accordance with the provisions of the three preceding Articles, the State shall compensate for the losses incurred with the amount of money corresponding to the losses to the owner, occupant or the person using them exclusively.
2 A person who is dissatisfied with the amount of the compensation under the preceding paragraph may make an appeal to demand the increase thereof.
(Hydrographic Survey Marks and Preservation of Surveying Vessels)
Article 16. No person shall, without any justifiable reason, damage or remove the hydrographic survey marks or do any act liable to impair the effective value of those marks.
Article 17. Vessels of the Maritime Safety Agency or of those persons who has got permission in accordance with the provision of Article 6 shall, in case they are conducting hydrographic survey or oceanographic observation, put up such marks as defined in a Ministry of Transportation Ordinance.
Article 18. The master shall not sail his vessel too near to a vessel putting up the mark under the preceding paragraph, without any justifiable reason.
(Reports on the Hydrographic Matters)
Article 19. Any person who is going to start any harbor repair work or any other works causing a marked change in the coast line, shall report the fact to the Director of the Maritime Safety Agency.
Article 20. The master shall, in case he has found any sunken object or object menacing the safety of navigation, or found any phenomenon remarkably different from the descriptions in charts and publications published by the Maritime Safety Agency, report the fact to the Director of the Maritime Safety Agency without delay.