法令番号: 法律第102号
公布年月日: 昭和25年4月17日
法令の形式: 法律
I hereby promulgate the Law for Hydrographic Activities.
Signed:HIROHITO, Seal of the Emperor
This seventeenth day of the fourth month of the twenty-fifth year of Showa (April 17, 1950)
Prime Minister YOSHIDA Shigeru
Law No.102
Contents
Chapter I General Provisions(Articles 1-5)
Chapter II Operation of Hydrographic Survey and Oceanographic Observation(Articles 6-20)
Chapter III Results of Hydrographic Survey or Oceanographic Observation(Articles 21-25)
Chapter IV Trust of Survey Works(Article 26)
Chapter V Appeal(Article 27)
Chapter VI Penal Provisions(Articles 28-30)
Supplementary Provisions.
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to get Maritime Safety at Sea by arranging results of hydrographic survey and other scientific basic data concerning the ocean and to contribute to the exchange of international hydrographic information.
(Hydrographic Survey)
Article 2. "Hydrographic Survey" in this Law shall mean the survey of the water area. the land area pertaining thereto and the observation of terrestrial magnetism to have the results utilized for navigation of vessels.
2 The provisions of the preceding paragraph shall not be construed as to exclude the application of the Survey Law (Law No.188 of 1949).
(Oceanographic Observation)
Article 3. "Oceanographic Observation" in this Law shall mean the observation of tide, current, wave, ice drift and any other phenomena related to the above.
(Hydrographic Publication)
Article 4. "Hydrographic Publication" in this Law shall mean the chart, sailing direction, tide table, light list, nautical almanac and other hydrographic charts and publications.
(Hydrographic Survey Mark)
Article 5. "Hydrographic Survey Mark" in this Law shall mean the mark established for the hydrographic survey or oceanographic observation operated by the Maritime Safety Agency or by persons permitted by the Maritime Safety Agency in accordance with the provision of Article 6.
2 The kind and shape of the hydrographic survey mark shall be determined by a Ministry of Transportation Ordinance.
CHAPTER II Operation of Hydrographic Survey and Oceanographic Observation
(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.
CHAPTER III Results of Hydrographic Survey or Oceanographic Observation
(Publication of Results)
Article 21. The Director of the Maritime Safety Agency shall publish the results obtained by the hydrographic survey or oceanographic observation conducted by the Maritime Safety Agency.
(Presentation of Results)
Article 22. The person who has obtained any results by conducting the hydrographic survey with the permission in accordance with the provisions of Article 6 shall submit, without delay, a copy of the survey record to the Director of the Maritime Safety Agency.
Article 23. In case any person other than the Maritime Safety Agency has found, from the result of the oceanographic observation he has conducted, any phenomenon remarkably different from the descriptions in charts and publications published by the Maritime Safety Agency, he shall report the fact to the Director of the Maritime Safety Agency without delay.
(Protection of Charts and Publications)
Article 24. Any person other than the Maritime Safety Agency who intends to reproduce or issue any hydrographic publication prepared by the Maritime Safety Agency, or to utilize the results thereof to make other publications for navigation shall obtain an approval of the Director of the Maritime Safety Agency.
Article 25. Any person who intends to issue any publication similar to the charts, sailing directions, light list published by the Maritime Safety Agency shall obtain the permission of the Director of the Maritime Safety Agency.
2 The Director of the Maritime Safety Agency shall give approval to the publication under the preceding paragraph as long as it does not impede the security of safety at sea.
CHAPTER IV Trust of Survey Works
(Trust of Survey Works)
Article 26. The Maritime Safety Agency may conduct the hydrographic survey, oceanographic observation, mapping or compilation or printing of the results thereof at the request of the general public as long as these works do not interrupt the smooth execution of its proper functions.
CHAPTER V Appeal
(Appeal)
Article 27. Any person who is dissatisfied with the disposition taken by the Director of the Maritime Safety Agency in accordance with the provisions of this Law may appeal to the Minister of Transportation
CHAPTER VI Penal Provisions
Article 28. The person who has violated the provision of Article 16 shall be punished with an imprisonment not exceeding two years or with a fine not more than 50,000 yen.
Article 29. Any person who comes under any of the following items shall be punished with a fine not more than 30,000 yen:
(1) Any person who has refused or interfered the entry under the provisions of Article 12;
(2) Any person who has violated the provision of Article 18;
(3) Any person who has conducted an operation without getting approval or permission which ought to be approved or permitted in accordance with the provisions of Article 24 or Article 25.
Article 30. In case any representative of a juridical person, proxy, employee, or the other worker of a juridical person or of a natural person commits the violation under the provision of the preceding Article item (3) for the business of the juridical person or the natural person, not only the offender be punished, but the juridical person or the natural person concerned shall be liable to a fine under the same Article, unless it is proved that due care and supervision has been exercised in connection with the business of said juridical or natural person in order to prevent such violation by the proxy, employee, or other worker thereof.
Supplementary Provisions:
1. This Law shall come into force after the elapse of ninety days from the day of its promulgation.
2. The Regulations for Hydrographic Survey Marks (Law No.38 of 1890) shall be abolished.
3. The application of the penal provisions to acts of violation of the Regulations for Hydrographic Survey Marks before the promulgation of this Law shall be as heretofore.
4. The provisions of Article 6 shall not apply to the hydrographic survey under operation at the time of the promulgation of this Law.
Minister of Transportation OYA Shinzo
Prime Minister YOSHIDA Shigeru