Explosives Control Law
法令番号: 法律第149号
公布年月日: 昭和25年5月4日
法令の形式: 法律
I hereby promulgate the Explosives Control Law.
Signed:HIROHITO, Seal of the Emperor.
This fourth day of the fifth month of the twenty-fifth year of Showa (May 4, 1950)
Prime Minister YOSHIDA Shigeru
Law No.149
Explosives Control Law
Contents
Chapter I General Provisions(Article 1·Article 2)
Chapter II Business(Articles 3-27)
Chapter III Maintenance of Safety(Articles 28-45)
Chapter IV Miscellaneous Provisions(Articles 46-57)
Chapter V Penal Provisions(Articles 58-62)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of This Law)
Article 1. The purpose of this Law is to prevent disaster arising from explosives and to secure public safety by regulating the manufacture, sale, storage, carriage, consumption and other handling of explosives.
(Definition)
Article 2. In this Law "explosives" shall mean such law explosives, high explosives, explosives accessories and fireworks as listed below:
(1) Low explosives:
a) Black powder and other explosives primarily made of nitrate;
b) Smokeless powder and other explosives primarily made of nitric ester;
c) Other explosives which are used on a level with the explosives mentioned in a) or b) for the purpose of propellent explosion and which shall be designated by Ministry of International Trade and Industry Ordinance.
(2) High explosives:
a) Mercury fulminate, lead azide and other initiators;
b) Ammonium nitrate explosives, potassium chlorate explosives, carlit, and other high explosives primarily made of nitrate, chlorate, or per-chlorate;
c) Nitroglycerine, nitroglycol and other nitric ester used for the purpose of explosion;
d) Dynamite and other explosives primarily made of nitric ester;
e) Trinitrobenzene, trinitrotoluene, picric acid, trinitrochlorobenzene, tetryl, trinitroanisole, hexanitro diphenylamine, and trimethylenetrinitramine all of which are used for the purpose of explosion and other nitrocompounds containing more than 3 nitro-radicals and explosives mainly made of these materials;
f) Liquid oxygen explosives and other liquid explosives;
g) Other explosives which are used on a level with the explosives mentioned in a) to f) above for the purpose of explosion and which shall be designated by Ministry of International Trade and Industry Ordinance.
(3) Explosives accessories and fireworks:
a) Industrial blasting cap, electric detonator, percussion cap, and signal detonator;
b) Cartridge and blank cartridge;
c) Tube and primer;
d) Detonating fuse, fuse, and electric fuse;
e) Flame signal fuse and signal rocket;
f) Fireworks and explosives accessories made of low explosives and high explosives as referred to in the preceding two items (excluding toy fireworks).
CHAPTER II Business
(Permission of Manufacture)
Article 3. Any person who intends to manufacture (including transform and repair;hereinafter the same) explosives shall obtain the permission for each mill or plant from the Minister of International Trade and Industry.
Article 4. The explosives shall be manufactured only by the person who has the permission under the preceding Article (hereinafter referred to as "the manufacturer" );provided that the same shall not apply in case the explosives are manufactured for the purpose of being used for laboratory, experiments, capturing or frightening birds and beasts, clay target practice, medical treatment and the quantity of such explosives is less than the quantity prescribed by Ministry of International Trade and Industry Ordinance.
(Permission for Dealers)
Article 5. Any person who intends to deal in explosives shall obtain the permission for each establishment from the governor of To, Do, Fu or prefecture;provided that the same shall not apply to the manufacturer who sells his manufactured explosives at his plant or mill.
(Disqualifications)
Article 6. The permission under Article 3 or the preceding Article shall not be given to any person who falls under any one of the following items:
(1) Person with respect to whom three years have not elapsed since the day on which his permission had been revoked in accordance with the provisions of Article 44;
(2) Person with respect to whom three years have not elapsed after he, having been sentenced to a term of imprisonment or heavier penalty, had served out his term or been remitted of the execution;
(3) Incompetent person;
(4) Any legal person or organization of which one of the officers who execute its business falls under any one of the preceding items.
(Qualifications for Permission)
Article 7. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall, upon receipt of applications under Article 3 or Article 5, examine the applications and give permissions when the application under Article 3 is in conformity with the following items and the application under Article 5 is in conformity with item (3):
(1) That the constructions, locations, and equipment of the manufacturing plant shall be in conformity with the technical standards as provided for by the Ministry of International Trade and Industry Ordinance;
(2) That the method of manufacture shall be in conformity with the technical standards as provided for by the Ministry of International Trade and Industry Ordinance;
(3) That the manufacture or sale shall be conducted in such a way that there shall be no hindrance to the maintenance of public safety and prevention of disaster.
(Revocation of Permission)
Article 8. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may revoke the permission when the manufacturer or the person who has obtained the permission under Article 5 (hereinafter referred to as "the dealer" ) does not, without good reasons, start his business within one year or suspended his business continuously for more than one year.
(Manufacturing Plant and Method of Manufacture)
Article 9. The manufacturer shall keep the plant, structure, location and equipment in conformity with the technical standards as provided for in Article 7 item (1).
2 The manufacturer shall manufacture explosives in accordance with the technical standards under Article 7 item (2).
3 The Minister of International Trade and Industry may, in case he deems that the plant or method of manufacture does not meet the technical standards under Article 7 item (1) or item (2), give orders to the manufacturer or repair, remodel, or move the plant or to manufacture explosives in accordance with the technical standards.
(Changes in Manufacturing Plant, etc.)
Article 10. In case the manufacturer intends to do any construction work to change the location, structure, or equipment of his plant or to change the variety of his explosives to be manufactured or the method of manufacture, he shall obtain the permissions grom the Minister of International Trade and Industry.
2 The provision of Article 7 shall apply mutatis mutandis to the permissions under the preceding paragraph.
(Storage)
Article 11. The explosives shall be stored in magazines;provided that the same shall not apply to explosives the quantity of which is less than the quantity as prescribed for by the Ministry of International Trade and Industry Ordinance.
2 The storage of explosives in magazines shall be done in accordance with the technical standard as provided for by the Ministry of International Trade and Industry Ordinance.
3 The governor of To, Do, Fu or prefecture, when he deems that storing of explosives does not meet the standards under the preceding paragraph, may give orders to the owner to store the explosives in accordance with the technical standards.
(Magazine)
Article 12. Any person who intends to build or move a magazine or to change structure or equipment thereof shall obtain the permission from the governor of To, Do, Fu or prefecture.
2 The governor of To, Do, Fu or prefecture shall, upon receipt of application under the provision of the preceding paragraph give a permission if the structure, location, and equipment of the magazine are in conformity with the technical standards as prescribed by Ministry of International Trade and Industry Ordinance.
Article 13. The manufacturer or dealer shall own or posess a magazine or magazines for his own use;provided that the same shall not apply in case the owner, on account of unavoidable reasons owing to land and other circumstances, has obtained the permission to do otherwise from the governor of To, Do, Fu or prefecture.
Article 14. The owner or possessor of a magazine shall keep the structure, location and equipment thereof in conformity with the technical standards as provided for it Article 12 paragrape 2.
2 The governor of To, Do, Fu or prefecture may, in case he deems that the structure, location and equipment of magazines do not meet the technical standards under Article 12 paragraph 2, issue orders to the owner or possessor of the magazines to repair, remodel or move them in such a way as they shall meet the technical standards.
(Inspection on Complemention)
Article 15. When the person who obtained the permission under Article 3, Article 10 or Article 12 paragraph 1 has completed the construction work of explosives manufacturing plant or magazine, or of moving or remodelling work of the structure or equipment of the plant, he shall apply for a completion inspection to the Minister of International Trade and Industry with regard to the manufacturing plant or magazine and shall use these facilities only after they are found to be in conformity with the technical standards as prescribed in Article 7 item (1) or Article 12 paragraph 2.
(Discontinuation of business, Etc.)
Article 16. In case the manufacturer or dealer has discontinued his business he shall, without delay, report the fact to the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture.
2 In case the owner or possessor of a magazine has discontinued the use thereof he shall, without delay, report such a fact to the governor of To, Do, Fu or prefecture.
(Transfer or Permission of Transfer)
Article 17. In case one intends transfer or receive explosives, he shall obtain the permission from the governor of To, Do, Fu or prefecture;provided that the same shall not apply in case the transfer falls under any one of the following items:
(1) In case the manufacturer takes over explosives for the purpose of manufacturing explosives or he transfers his manufactured explosives to others;
(2) In case the dealer transfers or takes over explosives;
(3) In case the person who has the shooting license under the provisions of Article 3 of the Game Law (Law No.32 of 1918) or who has the permission for shooting birds and beasts under the provision of Article 12 paragraph 1 of the same Law and uses huntingguns, receives explosives, for the purpose of capturing birds and beasts, in quantities less than that as prescribed by Ministry of International Trade and Industry Ordinance;
(4) In case the person who prospects minerals or mines minerals under the Mining Law (Law No.45 of 1905) receives explosives in quantities less than that as prescribed by Ministry of International Trade and Industry Ordinance;
(5) In case the person taking over explosives after receiving permission under Article 24 paragraph 2;
(6) In case the person using explosives in his business or for his enterprise permitted under the law and orders takes over explosives for such purposes.
2 The governor of To, Do, Fu or prefecture shall not give the permission under the preceding paragraph when the purpose of the transfer or taking over explosives is not clear, or when he deems that such transfer or receiving is liable to hinder the maintenance of public safety.
3 The governor of To, Do, Fu or prefecture, in giving the permission under paragraph 1, shall issue a certificate of transfer permit or takeover permit.
4 The manufacturer or the dealer, unless it is the case where he has confirmed that the transferee falls under any item of paragraph 1 or where the transferee has showed the certificate of take-over permit under the preceding paragraph, shall not deliver explosives.
(Prohibition of Peddling and Outdoor Dealing)
Article 18. No one shall be permitted to peddle explosives or sell explosives in open-air stalls or any other outdoor shops.
(Limitation of Transport of Explosives)
Article 19. When any one intends to transport explosives he shall do by carrying the transport certificate with him under the following Article;provided that the same shall not apply in the case of the proviso to the same Article.
2 The transport of explosives shall be made by technical standards prescribed by Cabinet Order that will provide for the course, method of the loading, carrying apparatus and method of hauling (as regards the carrying apparatus of the street-car, trolly bus, motor-car, light vehicle, a Ministry of Transportation Ordinance, and as regards the course, method of loading, carring apparatus and method of hauling of the railway, ropeway and vessel, the same shall apply).
(Report of Transport)
Article 20. In case the forwarder intends to transport explosives, he (or the shipper in case he does not entrust the sipping with others) shall report such shipment to the governor of To, Do, Fu or prefectuture and obtain a document proving the report (hereinafter referred to "the transport certificate" );provided that the same shall not apply to the transport of explosives in quantity less than that as prescribed by Ministry of International Trade and Industry Ordinance.
(Scope of the Possessor)
Article 21. Explosives shall not be possessed by anyone excepting the case were the possession is based on the law and order or it falls under any of the following items:
(1) Where the manufacturer or the person who manufactures explosives under the proviso to Article 4 possesses his manufactured explosives;
(2) Where the dealer possesses explesives;
(3) Where the person who is entitled to possess explosives under the provision of Article 17 paragraph 1 possesses the said explosives;
(4) Where the person, who imported explosives under the permission under Article 24 paragraph 2, possesses the said explosives;
(5) Where the forwarder, who is entrusted with forwarding of explosives, possesses the said explosives;
(6) Where the person who obtained the possession of explosives by inheritance or bequeath possesses the said explosives;
(7) Where the person who took the possession of explosives owing to the amalgamation of legal persons possess the said explosives;
(8) Where, when the person authorized to possess explosives who has, under the provisions of the following Article, to transfer or discard the said explosives, possesses the said explosives until he disposes of them;
(9) Where the employees of the persons as referred to in the preceding items possess explosives during the course of the execution of their duties.
(Disposition of Explosives Left Over)
Article 22. In the case where any manufacturer or dealer who discontinued his business because of the revocation of permission under Article 8 or Article 44 or other reasons, or where the person who obtained permission to take over explosives for purposes of his consumption in accordance with the provision of Article 17 paragraph 1, has used or ceased to use the explosives and have remaining explosives in their hands, he shall either transfer or discard the same without delay.
(Limitation on Handling)
Article 23. Persons under the age of 18 must not handle explosives.
2 No one shall let the persons under the age of 18, imbecile or mentally diseased, handle explosives.
3 The provisions of the preceding two paragraphs shall not apply to the work which are of less dangerous nature such as the packing of explosives, etc. and at the same time which are prescribed by Ministry of International Trade and Industry Ordinance.
(Export and Import)
Article 24. Anyone who intends to export explosives shall report the fact to the governor of To, Do, Fu or prefecture.
2 Anyone who intends to import explosives shall get the permission from the governor of To, Do, Fu or prefecture.
3 When the purpose of such import is not clear or when the governor of To, Do, Fu or prefecture deems that such import is detrimental for the maintenance of public safety he shall not give the permission under the preceding paragraph.
4 The person who imported explosives must report the fact to the governor of To, Do, Fu or prefecture without delay.
(Consumption)
Article 25. Any person who intends to let explode or burn explosives (hereinafter referred to as "the consumer" ) shall obtain the permission from the governor of To, Do, Fu or prefecture;provided that the same shall not apply in case the explosives are consumed for the purpose of being used for laboratory experiments, capturing or frightening birds and beasts, clay target practice and the quantity of such explosives is less than the quantity prescribed by Ministry of International Trade and Industry Ordinance, in case the explosives are consumed in enterprises or business permitted under the laws and orders, in case explosives are discarded under the provisions of Article 27 and in case explosives are consumed to take emergency measures in time of disaster.
2 The governor of To, Do, Fu or prefecture, in case he deems that the purpose, location, time, quantity or the method of such explosion or combustion are improper or in case he deems that such explosion or combustion is likely to be detrimental to the maintenance of public safety, shall not give the permission under the preceding paragraph.
Article 26. The explosion or combustion of explosives shall be conducted according to the technical standards to be prescribed in the Ministry of International Trade and Industry Ordinance.
(Discarding Explosives)
Article 27. When the explosives are discarded, it shall be conducted in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance as to the place, quantity, method and others of discarding.
2 Any person who intends to discard explosives shall report the fact to the governor of To, Do, Fu or prefecture;provided that the same shall not apply to the case where the manufacture discards the cull explosives produced in the course of manufacture.
CHAPTER III Maintenance of Safety
(Injury Prevention Regulations)
Article 28. The manufacturer shall, in order to prevent occurrence of disaster, draw up an injury prevention regulations and get an approval therefor from the Minister of International Trade and Industry. The same shall apply in case he changes the regulations.
2 The Minister of International Trade and Industry shall not give the approval under the preceding paragraph when the injury prevention regulations are not in conformity with the technical standards under Article 7 items (1) and (2) or when he deems that the regulations are not proper for the prevention of disasters.
3 The Minister of International Trade and Industry may give order to revise the injury prevention regulations when he deems it necessary for the prevention of disasters.
4 The manufacturer and his employees shall abide by the injury prevention regulations.
(Education for Maintenance of Safety)
Article 29. The manufacturer, the dealer, and the consumer shall, to their employees, give education necessary for the prevention of disasters arising from explosives.
(Responsible Supervisor of Explosives Manufacture and Responsible Supervisor of Explosives Handling)
Article 30. The manufacturer shall, according to the classification prescribed in the Ministry of International Trade and Industry Ordinance, appoint a responsible supervisor of explosives manufacturing (hereinafter referred to as "the supervisor of manufacturing" ) from among the persons who have the license for the supervisor of manufacturing under the following Article and let him supervise safety in connection with the manufacturing operation of explosives.
2 The owner or possessor of a magazine or the consumer of explosives in quantities above that stipulated by Ministry of International Trade and Industry Ordinance shall, according to the classification prescribed by Ministry of International Trade and Industry Ordinance, appoint the responsible supervisor of explosives handling (hereinafter referred to as "the supervisor of handling" ) from among the persons who have the license for responsible supervisor of handling under the following Article and let him supervise safety in regard to storage or use of explosives.
3 When the manufacturer, the owner or possessor of magazines, or the consumer under the preceding paragraph has appointed the responsible supervisor of manufacture or the responsible supervisor of handling under the provision of paragraph 1 or the preceding paragraph he shall report the fact to the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture. The same shall apply in the case of releasing him from the office.
(Licenses of Responsible Supervisor of Manufacturing and of Responsible Supervisor of Handling)
Article 31. The license for the responsible supervisor of explosives manufacturing shall be divided into class A license for responsible supervisor of explosives manufacturing, class B license for responsible supervisor of explosives manufacturing, and class C license for responsible supervisor of explosives manufacturing.
2 The license for the responsible supervisor of explosives handling shall be divided into class A license for responsible supervisor of explosives handling and class B license for responsible supervisor of explosives handling.
3 The class A license for responsible supervisor of explosives manufacturing and the class B license for responsible supervisor of explosives manufacturing shall be given to those who passed the examination given by the Minister of International Trade and Industry, and the class C license for responsible supervisor of explosives manufacturing, the class A license for responsible supervisor or explosives handling and class B license for responsible supervisor of explosives handling shall be given to those who passed the examination given by the governor of To, Do, Fu or prefecture.
4 In case the holders of the licenses for responsible supervisor of explosives manufacturing and the licenses for responsible supervisor of explosives handling have violated this Law or the Ministerial Ordinances based on this Law, the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may order them to return their licenses.
5 The matters relating to the subjects, procedure, and other detail of the examination under paragraph 3 and matters relating to the procedure for the delivery and return of the license for the responsible supervisor of explosives manufacturing and license for the responsible supervisor of explosives handling shall be provided for by the Ministry of International Trade and Industry Ordinance.
(Duty of Responsible Supervisor of Manufacturing, Etc.)
Article 32. The responsible supervisor of manufacturing and the responsible supervisor or handling of explosives shall discharge their duties faithfully.
2 The person who handles explosives shall abide by the instructions of the responsible supervisor of manufacturing and the responsible supervisor of handling, when they give such insturctions in order to secure the execution of this Law, or Ministerial Ordinance based on this Law or the injury prevention regulations.
(Person Acting for Responsible Supervisor)
Article 33. The manufacturer shall, according to the classification prescribed by Ministry of International Trade and Industry Ordinance, appoint an acting responsible supervisor of manufacturing from among the holders of the license for the responsible supervisor of explosives manufacturing and let him act in place of the responsible supervisor of manufacture in case the latter is unable to do his duty on account of travel, illness or other reasons.
2 When the manufacturer has appointed the acting responsible supervisor of manufacturing under the preceding paragraph he shall report the fact to the Minister of International Trade and Industry. The same shall apply in case of releasing him from the office.
3 In case the acting responsible supervisor under paragraph 1 acts in place of the responsible supervisor of manufacturing, he shall be regarded as the responsible supervisor of manufacture in the execution of the provisions of this Law and the Ministerial Ordinances based on this Law.
(Order for Release from Office of the Responsible Supervisor of Manufacturing, Etc.)
Article 34. In case the supervisor of manufacture or the acting supervisor of manufacturing or the supervisor of handling has violated the provisions of this Law or Ministerial Ordinances based on this Law, or he is deemed unsuitable for the job in maintaining safety, the Minister of International Trade and Industry may order the appointer or his successor to release the supervisor of manufacture or the person acting in his place or the supervisor of handling from his office.
(Safety Inspection)
Article 35. The manufacturer or the owner or possessor of magazines shall receive the safety inspection which shall be conducted periodically every year by the Minister of International Trade and Industry on the manufacturing establishment of which there may be the danger of explosion or combustion of explosives and which is prescribed by Ministry of International Trade and Industry Ordinance or on magazines.
2 The safety inspection under the preceding paragraph shall be conducted to see whether manufacturing establishment or magazine is in conformity with the technical standards under Article 7 item (1) or Article 12 paragraph 2.
(Stability Test)
Article 36. The person who has imported explosives or the person who possesses manufactured explosives which passed the duration as stipulated by Ministry of International Trade and Industry Ordinance shall perform a stability test of the explosives and shall report the results thereof to the governor of To, Do, Fu or prefecture.
2 The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture, when he deems it necessary for the prevention of disaster, may give order to the owner of explosives to perform the stability test under the preceding paragraph.
(Disposition of Inferior Explosives)
Article 37. In case owner of explosives found some explosives which does not meet the technical standards as prescribed by Ministry of International Trade and Industry Ordinance as the result of the stability test under the preceding Article he shall discard such explosives.
(Prohibition of Mixed Packing, Etc. Explosives)
Article 38. The explosives shall not be packed together with other things nor they shall be possessed, carried or sent for shipment by anyone through the means of the sham packing.
(Actions and Reports in Time of Danger)
Article 39. In case a magazine is in dangerous state due to neighbouring fire or other circumstances or explosives send forth smoke or offensive smell or presented themselves an unusual state in their stability, the owner or possessor of the magazine or explosives shall take the emergency steps as stipulated by Ministry of International Trade and Industry Ordinance.
2 Anyone who has discovered the conditions under the preceding paragraph shall immediately report the fact to the governor of To, Do, Fu or prefecture, policeman, or police officials.
(Prohibition of Smoking, Etc.)
Article 40. At an explosives manufacturing plant or magazine, no smoking shall be done by everyone at places other than designated by the manufacturer or owner or possessor of magazine nor fire shall be handled in such places.
2 No one shall enter an explosives manufacturing plant or magazine with combustible object without having the consent of the manufacturer or the owner or possessor of the magazine.
(Books)
Article 41. The manufacturer, the dealer and the owner or possessor of magazines shall keep books and keep the record of the matters as prescribed by Ministry of International Trade and Industry Ordinance relative to the manufacture, sales and receipts and disbursements.
(Collection of Reports)
Article 42. The Minister of International Trade and Industry may when he deems in neccessary for the prevention of disaster or maintenance of public safety, cause the manufacturer, dealer, or owner or possessor of magazines to make report on their business.
(On-the-spot Inspection, Etc.)
Article 43. In case the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture deems it necessary for the prevention of disaster or maintenance of public safety, he may cause his official to enter the plant, shop, magazine, place of consumption, or keeping place of the manufacturer, dealer, consumer, or custodian of the explosives and examine their books, documents and other things, ask questions of the persons concerned or take explosives with him, in the minimum amount necessary, for the test.
2 The member of the National Rural Police and municipal police, or the marine safety official, when he deems it specially necessary for the prevention of injuries or damages on human life, person or property, may enter into a magazine, keeping place, manufacturing place or place of consumption of explosives and ask questions of the persons concerned.
3 The official under the preceding two paragraphs shall carry with him the identification cards showing his status, and in case they are requested by the persons concerned, shall show it.
4 The on-the-spot inspection under the provision of paragraph 1 or 2 shall not be conducted in any way as to interfere with the business or obstruct the movements of the persons concerned, also it shall not be interpreted as being authorized for criminal investigations.
(Revocation of Permission, Etc.)
Article 44. In case the manufacturer or the dealer falls under any one of the following items, the Minister of International Trade and Industry may revoke the permission under Article 3 or Article 5, or give orders to suspend the business by fixing the length of the period:
(1) In case one has violated the provisions of Article 11 paragraph 1, Article 13, Article 18, Article 23 paragraph 2, Article 30 paragraph 1 or paragraph 2, or Article 38;
(2) In case one has carried on, without permission, the matters for which the permission is requested in accordance with provision of Article 10 paragraph 1, Article 12 paragraph 1, or Article 24 paragraph 2;
(3) In case one has used the manufacturing equipment of explosives or magazine without receiving a completion inspection under the provisions of Article 15;
(4) In case one has exported explosives without making report under the provisions of Article 24 paragraph 1;
(5) In case one has failed to execute the stability test under the provisions of Article 36 paragraph 1;
(6) In case one has violated the provisions of Article 9 paragraph 3, Article 11 paragraph 3, Article 14 paragraph 2, Article 28 paragraph 3, Article 34, Article 36 paragraph 2 or disregarded the order under item (1) of the following Article or the prohibition or limitation under item (2) of the same Article;
(7) In case one has become to fall under the provisions of Article 6 items (2) to (4) inclusive;
(8) In case one has violated the conditions under Article 48 paragraph 1.
(Emergency Measures)
Article 45. When the Minister of International Trade and Industry (or the Minister of Transportation with respect to the transportation by railway, street-car, ropeway, trolly-bus, motorcar, light vehicle and vessel) deems it necessary for the prevention of disaster or maintenance of public safety, he may take the following measures:
(1) Giving orders to the manufacturer, dealer, or consumer to suspend temporarily the use of the whole or a part of the manufacturing equipment or magazine;
(2) Giving orders to manufacturer, dealer, consumer and others who handle explosives to suspended or restrict temporarily their manufacture, sale storage, transportation or consumption;
(3) Giving orders to the owner or the possessor explosives to change the place of storage of explosives or to condemn them.
CHAPTER IV Miscellaneous Provisions
(Report of Accident, Etc.)
Article 46. The manufacturer, dealer, consumer or other persons who handle explosives shall report to that effect, without delay, to the member of the National Rural Police and municipal police or the marine safety official, in the following cases:
(1) When any disaster has occurred on explosives owned or possessed by him;
(2) When any one has lost or got the explosive stolen, transfer permit, take over permit, or transport certificate of explosives owned or possessed by him.
2 The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may, in the case under the item (1) of the preceding paragraph, cause the owner or the possessor to report the date and time, place and cause of the disaster, kinds and quantity of explosives, extent of the damage, etc.
(Prohibition on Alteration of Status Quo)
Article 47. In case there occurred a disaster from the explosion of explosives, no one shall alter the status quo without receiving the instruction of the Minister of International Trade and Industry, governor of To, Do, Fu or prefecture, the member of the National Rural Police and municipal police, except the case where it is inevitable for the maintenance of traffic or other public interests;provided, however, that the same shall not apply to the case where the steps under the provision of Article 39 paragraph 1 are taken.
(Conditions for Permission)
Article 48. Conditions may be attached to the permissions under Article 3, Article 5, Article 17 paragraph 1, Article 24 paragraph 2, or Article 25 paragraph 1.
2 The conditions under the preceding paragraph shall be limited to the minimum extent necessary for preventing a disaster or maintaining public safety, and shall be those that would not impose unreasonable duties upon the recipient of the permission.
(Payment of Fees)
Article 49. The persons as enumerated in the left column of the following table (excluding the State) shall pay the fees, the amount of which shall be determined by Cabinet Order, within the limit of the amounts as enumerated in the right column of the same table:
Persons paying the fees
Amount
1 Applicant for the permission under Article 3
\7,000
2 Applicant for the permission under Article 5
5,000
3 Applicant for the permission under Article 12 paragraph 1
2,000
4 Person who intends to receive the completion inspection under Article 15
1,000
5 Applicant for the permission under Article 17 paragraph 1
200
6 Applicant for the transport certificate under Article 20
200
7 Applicant for the permission under Article 24 paragraph 2
2,000
8 Applicant for the license for the class A responsible supervisor of explosives manufacturing
1,000
9 Applicant for the license for the class B responsible supervisor of explosives manufacturing
800
10 Applicant for the license for the class C responsible supervisor of explosives manufacturing
700
11 Applicant for the license for the class A responsible supervisor of explosives handling
600
12 Applicant for the license for the class B responsible supervisor of explosives handling
500
2 The fees under the preceding paragraph shall be made the revenue of the National Treasuly in the case of the person who files the application for the permission under Article 3 to the Minister of International Trade and Industry, the person who intends to receive completion inspection under Article 15 which is conducted by the Minister of International Trade and Industry, and the persons who apply for licenses for the class A and class B responsible supervisor of explosives manufacturing;and of To, Do, Fu or prefecture concerned in the cases of other persons.
(Special Provisions for Moored Vessel)
Article 50. In the case where a moored vessel is used for a magazine or explosives are regularly stored in vessels, "Ministry of International Trade and Industry Ordinance" in Article 11, Article 12, Article 16 paragraph 2 and Article 52 shall read "Ministry of Transportation Ordinance" , and "governor of To, Do, Fu or prefecture" shall read "Director of Marine Safety Agency (or the governor of To, Do, Fu or prefecture, in regard to lakes and rivers)" .
2 The provisions of Article 15 and Article 35 shall not apply to the case where a moored vessel is used for a magazine.
(Exception to Application)
Article 51. As regards fuse and electric fuse the provisions of Article 19, Article 20, Article 25, Article 26, Article 30 paragraph 2 and Article 36 shall not apply.
2 As regards flame signal fuse, signal rocket and fireworks, the provisions of Article 17, Article 19 to Article 22 inclusive, Article 25 to Article 27 inclusive, Article 30 paragraph 2, Article 33 and Article 36 shall not apply.
3 As regards the mine under Article 2 of the Mine Safety Law (Law No.70 of 1949), the provisions of Article 19, Article 20, Article 25 paragraph 1, Article 26, Article 29, Article 30 paragraph 2 (regarding only the consumption of explosives), Article 43 paragraph 1 (regarding only the place of consumption of explosives), Article 45 items (2) and (3)(regarding only the prevention of disasters relative to transportation and consumption of explosives) and Article 47 (regarding only the disasters relative to transportation and consumption of explosives) shall not apply.
(Relations between the Minister of International Trade and Industry and the National Public Safety Commission, Etc.)
Article 52. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture, in case he has given the permission under Article 3, Article 5, Article 10 paragraph 1, Article 12 paragraph 1, Article 17 paragraph 1, Article 24 paragraph 2 or Article 25 paragraph 1, or has received the reports under Article 16 or Article 20, shall notify to that effect the National Public Safety Commission, the Public Safety Commission of To, Do, Fu or prefectures, Public Safety Commission of Cities, Towns and Villages or the Special District Public Safety Commission or the Director of Marine Safety Agency according to the classification as provided for by Cabinet Order.
2 The member of the National Rural Police and municipal police who has received the report under the provision of Article 39 paragraph 2 or Article 46 paragraph 1 shall immediately notify the governor of To, Do, Fu or prefecture concerned to that effect.
(Public Hearing)
Article 53. In case the competent Minister intends to institute the order under Article 7 item (1) or (2), Article 11 paragraph 2, Article 12 paragraph 2, Article 19 paragraph 2, Article 26, or Article 27 paragraph 1, he shall hear the opinions of general public by holding a public hearing.
(Hearing)
Article 54. In case any administrative agency intends to exercise the disposition under Article 8, Article 31 paragraph 4, Article 34 or Article 44, it shall, after giving an advance notice of the adequated period to the person concerned, hold a heating open to the public.
2 In the notice under the preceding paragraph, the date, place and contents of the matter shall be shown.
3 In holding the hearing, the administrative agency shall give the person concerned with the disposition or the person interested an opportunity to present evidence and express his opinion, concerning the matter in question.
(Appeal of Dissatisfaction)
Article 55. Any person who is dissatisfied with the disposition taken by the administrative agency in accordance with the provisions of this Law or orders issued thereunder may make the appeal of dissatisfaction to the administrative agency concerned by presenting a statement in writing to that effect.
(Decision)
Article 56. When the administrative agency has received the appeal of dissatisfaction under the preceding Article, is shall, after having held an open hearing by applying mutatis mutandis to the provisions of Article 54, make a decision in writing and send a copy of the decision to the person who made the appeal of dissatisfaction.
(Delegation of Power)
Article 57. The matters under the authority of the competent Ministers under the provisions of this Law or orders issued thereunder may be delegated to the governor of To, Do, Fu or prefecture in accordance with the provisions of Cabinet Order.
CHAPTER V Penal Provisions
Article 58. Any person who falls under any one of the following items shall be punished with penal sevvitude not exceeding three years or a fine not exceeding 200,000 yen, or with both:
(1) One who has carried on the business of manufacture of explosives without getting the permission under the provisions of Article 3;
(2) One who has violated the provisions of Article 4;
(3) One who has carried on the business of sale of explosives without getting the permission under the provisions of Article 5;
(4) One who has imported explosives without getting the permission under the provision of Article 24 paragraph 2;
(5) One who has violated the order of suspension of business under the provisions of Article 44.
Article 59. Any person who falls under any one of the following items shall be punished with penal servitude not exceeding one year or a fine not exceeding 500,000 yen, or with both:
(1) One who has carried out the construction work of alteration of the location, structure, or facilities of manufacturing equipment or who has changed the variety of explosive to be manufactured or the method of manufacture thereof without getting the permission under the provision of Article 10 paragraph 1;
(2) One who has violated the provisions of Article 11 paragraph 1, Article 13, Article 15, Article 18, Article 21, Article 23 paragraph 2, Article 30 paragraph 1 or 2, Article 33 paragraph 1, Article 37 or Article 38;
(3) One who has set up or moved a magazine, or changed the structure or facilities thereof without getting the permission under the provision of provided in Article 12 paragraph 1;
(4) One who has transferred or received explosives without obtaining a permission in violation of the provision of Article 17 paragraph 1;
(5) One who has exploded or burned the explosives in violation of the provision of Article 25 paragraph 1;
(6) One who has manufactured explosives without getting the permission under the provision of Article 28 paragraph 1;
(7) One who has not carried out the stability test in violation of the provision of Article 36 paragraph 1;
(8) One who has violated the order, prohibition or restriction under the provisions of Article 45;
Article 60. Any person who falls under any one of the following items shall be punished with a fine not exceeding 50,000 yen:
(1) One who has violated the provisions of Article 9 paragraph 1 or 2, Article 11 paragraph 2, Article 14 paragraph 1, Article 17 paragraph 4, Article 19 paragraph 2, Article 22, Article 23 paragraph 1, Article 26, Article 27 paragraph 1, Article 40 paragraph 1 or 2, or Article 47;
(2) One who has transported explosives without carrying a transport certificate in violation of the provisions of Article 19 paragraph 1;
(3) One who has received the transport certificate under Article 20 by making a false report;
(4) One who has exported explosives without making the report under Article 24 paragraph 1 or made a false report;
(5) One who has violated the conditions on the permission under Article 24 paragraph 2;
(6) One who has condemned explosives without making any report in violation of the provisions of Article 27 paragraph 2 or who made a false report.
Article 61. Any person who falls under any one of the following items shall be punished with a fine not exceeding 10,000 yen:
(1) One who has not returned, without due reason, the license of the responsible supervisor of explosives manufacturing or the license of the responsible supervisor of explosives handling in violation of the order under Article 31 paragraph 4;
(2) One who has not recorded the matters under the provisions of Article 41 in his book, or made a false entry;
(3)  One who has not reported the matters under Article 36 paragraph 1, Article 42, or Article 46 paragraph 2, or who made a false report;
(4) One who has not made the report under Article 16 paragraph 1 or 2, Article 24 paragraph 4, Article 30 paragraph 3, Article 33 paragraph 2, or Article 46 paragraph 1 or who made a false report;
(5) One who has refused, obstructed or avoided the inspection on taking of the explosives under the provision of Article 35 paragraph 1, Article 43 paragraph 1 or 2, or who has not made replies to the questions or made false statements.
(Dual Punishment Provisions)
Article 62. In case a representative of a juridical person or a proxy an employee, or other worker of a juridical person or natural persons has committed the violations under the preceding four Articles in connection with its business the juridical person or the natural person shall be punished with a fine under the respective Article in addition to the punishment of the offender.
Supplementary Provisions:
(Date of Enforcement)
1. The dade of the enforcement of this Law shall be fixed by Cabinet Order within the period six months computing from the day of the promulgation of This Law.
(Revision and Abolishment of Other Laws and Orders)
2. The Fire-arms Explosives Control Law (Law No.53 of 1910;hereafter referred to as "the old Law" ) shall be abolished.
3. The Ministry of International Trade and Industry Establishment Law (Law No.102 of 1949) shall be partially amended as follows:
In Article 4 paragraph 1 item (29), "fire-arms explosives" shall be amended as "explosives" .
(Transitory Provisions)
4. The orders, dispositions, permission, approvals, inspections and other measures taken in accordance with the provisions of the old Law shall be regarded as the measures taken in accordance with the provisions of this Law when the corresponding provisions are found in this Law.
5. The licenses for the responsible supervisor of explosives manufacturing and for the responsible supervisor of explosivives handling issued in accordance with the provisions of the old Law shall be regarded as the licenses for the responsible supervisor of explosives manufacturing and for the responsible supervisor of explosives handling under the provisions of this Law respectively.
6. The transfer permit, take-over permit or transport permit given in accordance with the provisions of the old Law shall be regarded as the transfer permit, take-over permit or transport certificate given respectively in accordance with the provisions of this Law.
7. The person who is actually engaging in the manufacturing business of explosives with the permission under Article 3 of the old Law at the time of the enforcement of this Law shall revise the injury prevention regulation in accordance with the provision of Article 28 paragraph 1 of this Law within three months from the day of the enforcement of this Law and apply for the approval to the Minister of International Trade and Industry.
8. The provision of Article 59 item (7) shall not apply to the person under the preceding paragraph until he obtains the approval of the Minister of International Trade and Industry in accordance with the provision of Articie 28 paragraph 1.
9. The provisions of Article 14 item (4) of the old Law and of orders issued thereunder, relating to explosives manufacturing plant shall be effective until the person under paragraph 7 of the Supplementary Provisions obtains the approval of the Minister of International Trade and Industry under the provision of Article 28 paragraph 1, regardless of the provision of paragraph 2 of the Supplementary Provisions.
10. One who has not, in volation of the provision of paragraph 7 of the Supplementary Provisions, applied for an apploval shall be punished with a fine not exceeding 500,000 yen.
11. As for the application of the penal provisions to the acts committed before the enforcement of this Law, the precedents under the former provisions shall still apply.
Prime Minister YOSHIDA Shigeru
Minister of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo