CHAPTER I General Provisions

(Purpose and Purport) Article 1. The purpose of this Law is to carry out the immediate afforestation for the national land safeguard by cultivating the forest resources. 2 The operation of the administrative right based on the provisions of this Law shall be restricted to such an extent as is necessary to achieve the purpose under the preceding paragraph, and shall not be abused. 3 The government, in its execution of subsidization, loan of a fund, procurement of seedlings and other policies, concerning the afforestation, shall make efforts so as to assure the operation of afforestation based on this Law.

(Definition) Article 2. "Afforestation" in this Law shall mean a formation of a forest of coniferous trees, or broad-leaved trees as provided for in Ministerial Ordinance, by artificial planting. 2 "Afforestation land" in this Law shall mean a forest or wild land designated under the provisions of Article 5 paragraph 1. 3 "Afforester" in this Law shall mean a person who has made a report under the provisions of Article 13 and the designated afforester. 4 "Designated afforester" in this Law shall mean a person who has been designated under the provisions of Article 14 or Article 17.

(Joint Application) Article 3. Those who intend to apply for or to do any other act jointly with two or more persons concerning matters as provided for in this Law or the order based on this Law, shall select one of them as a representative, and report this effect to the Governor of To, Do, Fu or prefecture. The same shall apply to the case where alteration of the representative was made. 2 When the report of the preceding paragraph has been failed, the Governor of To, Do, Fu or prefecture shall designate the representative. 3 The representative represents his partner or partners to the Governor of To, Do, Fu or prefecture.

(Validity of Acts of Disposition, etc. to the successor) Article 4. Disposition, procedure and other acts under this Law or the order based on this Law shall be still effective to the successor to the person who had ownership or other right relative to the cut-over area or others under the following Article.

CHAPTER II Afforestation Land

(Designation of Afforestation Land) Article 5. The Governor of To, Do, Fu or prefecture may designate the forest such as cutover area, gap forest land or open wood land or the wild land (hereinafter referred to as "cut-over area or other" ), which requires immediate afforestation as afforestation land. 2 The Governor of To, Do, Fu or prefecture shall not designate the cut-over area or other as afforestation land unless it comes under the standards listed below: (1) Its afforestation is needed for the national land safeguard by cultivating the forest resources; (2) From the viewpoint of the overall land utilization in the locality concerned, its afforestation is reasonable; (3) Its afforestation is economically and technically practicable.

(Area Exempted from Designation) Article 6. The cut-over area or other which comes under any one of the following items shall not be designated as afforestation land: (1) One which is under government ownership or its control; (2) One which has been designated in accordance with the provisions of Article 30-(2) paragraph 1 of Owner-Farmer Establishment Special Measures Law (Law No.43 of 1946), that which was sold in accordance with the provisions of Article 41 paragraph 1 of the same Law and that which was sold in accordance with the provisions of Article 41-(5) paragraph 3 of the same Law (including the case whereto applicable mutatis mutandis under the provisions of paragraph 5 of the same Article); (3) One which is expropriated or used in accordance with the provisions of Land Expropriation Law (Law No.29 of 1900) or other laws and orders; (4) One which is used for experiment and research and is designated by the competent Minister; (5) Other ones as provided for by Ministerial Ordinance.

(Afforestation Program) Article 7. In order to designate afforestation land, the Governor of To, Do, Fu or prefecture shall establish the afforestation program. 2 The afforestation program shall provide the items as listed below: (1) Area of the cut-over area or other concerned which is to be designated as afforestation land; (2) Species to be planted; (3) Date when the planting is to be completed; (4) In case where the cut-over area or other concerned is used for grazing or collection of grass, necessary matters for adjustment of such purposes with afforestation; (5) Other necessary matters concerning afforestation. 3 The date prescribed in item (3) of the preceding paragraph shall be fixed later than the date when two years have elapsed since the land has become the cut-ove area or other due to felling and other causes (in case of wild land, the day when designation as afforestation land was made). 4 The afforestation program shall be established taking the following matters into consideration and in a case where the management plan under the provisions of Article 9 or Article 69-(3) of Forest Law (Law No.43 of 1908)(hereinafter referred to as "management plan" ) in relation to the cut-out area or other concerned is formulated, it shall be fixed in compliance with the provisions of the management plan concerned: (1) Acreage, site and other conditions of the cut-over area or other; (2) Afforestation customs in the locality concerned; (3) Production circumstances and supply situation of seedlings in the locality concerned; (4) Relationship with agriculture, live stock industry and other business.

Article 8. The Governor of To, Do, Fu or prefecture, when he establishes the afforestation program, shall, in accordance with the procedure as provided for by Ministerial Ordinance, give a public notice of the matters listed below and send a document stating the afforestation program to the owner of the cut-over area or other concerned and the person who uses or takes profits from the cut-over area or other concerned based on his authority: (1) Afforestation program; (2) Name or title and address of the owner of the cut-over area or other concerned and the person who nses or takes profits from the cut-over area or other concerned based on his authority. 2 The Governor of To, Do, Fu or prefecture shall exhibit the document stating the matters listed in each item of the preceding paragraph for public inspection for sixty days from the day of public notice under the same paragraph. 3 When the public notice of paragraph 1 has been made, any afforestation shall not be made on the cut-over area or other relating to the afforestation program concerned without following the afforestation program until the planting based on the afforestation program is completed.

(Filing of Objection) Article 9. Owner of cut-over area or other concerning the afforestation program or person who uses or takes profits from the cut-over area or other concerned based on his authority and who has objection to the afforestation program concerned, may file objection with the Governor of To, Do, Fu or prefecture. 2 The filing of objection shall be made during the period as provided for in paragraph 2 of the preceding Article, by submitting a written objection stating the reason to the Governor of To, Do, Fu or prefecture. 3 The Governor of To, Do, Fu or prefecture, when he has accepted the filing of objection, shall commence the public hearing within thirty days after the expiration of the period as provided for in paragraph 2 of the preceding Article. 4 The Governor of To, Do, Fu or prefecture shall decide the date and the place of public hearing and inform in advance the person who has filed objection thereof. 5 The Governor of To, Do, Fu or prefecture shall, when he gave the information under the preceding paragraph, give a public notice of the outline of the matter in question, the date and the place of public hearing. 6 In public hearing, the person who has filed objection shall be given an opportunity to produce evidence and express his opinion. 7 Representatives of the Prefectural Agricultural Land Commission, the City, Town or Village Agricultural Commission, and the organization as provided for by Ministerial Ordinance may participate in the public hearing to express their opinion. 8 The Governor of To, Do, Fu or prefecture, based on the result of the public hearing, decides the matters in question. 9 The decision in the preceding paragraph shall be made by a document stating the reason and its copy shall be sent to the person who has field objection. 10 Resides the provision of paragraph 1 to the preceding paragraph inclusive, procedual matters concerning the filling of objection shall be provided for by Ministerial Ordinance.

(Establishment of Afforestation Program) Article 10. The afforestation program shall, when the filing of objection as provided for in paragraph 1 of the preceding Article has not been made during the period under Article 8 paragraph 2, be established at the time of the expiration of the said period and when the filing of objection as provided for in the same paragraph has been made and the decision as provided for in paragraph 8 of the same Article has been made to all matters objected, the afforestation program shall be established at the time when the decision was made. 2 The Governor of To, Do, Fu or prefecture shall, when the afforestation program has been established, designate without delay the cutover area or other relative to the afforestation program concerned as the afforestation land and shall inform the owner of the afforestation land concerned and the person who uses or takes profits from the afforestation land concerned based on his authority to that effect. 3 The designation of the preceding paragraph shall be made by public notice.

(Effect of Designation of Afforestation Land) Article 11. When the designation of the afforestation land has been made, until the planting based on the afforestation program concerned is completed;the person who intends to transform the land or install facilities relative to the afforestation land concerned, or establish a right to use the afforestation land concerned, for other purposes than raising forest trees shall, obtain permission from the Governor of To, Do, Fu or prefecture. However, the same shall not apply to a case where such conduct does not hinder the planting. 2 In cases where the owner of the afforestation land or the person who uses the afforestation land concerned based on his authority suffered loss because his application for permission according to the preceding paragraph had been turned down, To, Do, Fu or prefecture must compensate such loss as would ordinarily arise from his not having been able to obtain the permission.

(Nullifitation of the Validity on Designation of Afforestation Land) Article 12. In the following cases, the designation of afforestation land shall lose its validity: (1) When the final cutting of forest trees planted based on the afforestation program relative to the afforestation land is completed; (2) When the afforestation land was expropriated or used based on the Land Expropriation Law or other laws or orders; (3) When the application under the provision of Article 14 paragraph 2 (including the case where it is applicable mutatis mutandis under Article 17 paragraph 2) has not been made. 2 The Governor of To, Do, Fu or prefecture shall, when the designation of afforestation land has lost its validity in accordance with the provisions of the preceding paragraph, give a public notice of it without delay.

CHAPTER III Afforester

(Report on Afforestation) Article 13. The owner of the afforestation land, or the person who may use or take profits from the afforestation land concerned for the purpose of raising up forest trees based on any other authority than ownership shall, when he intends to perform planting based on the afforestation program concerned relating to the afforestation land concerned, report it to the Governor of To, Do, Fu or prefecture within twenty days from the day of designation of the afforestation land. The same shall apply to a case where planting relative to the afforestation program concerned starts or is completed on the afforestation land concerned prior to the designation of the afforestation land. 2 When the report of the preceding paragraph has not been submitted during the period of the preceding paragraph the Governor of To, Do, Fu or prefecture shall give a peremptory notice to the person of the same paragraph without delay to the effect that an other person shall be designated as the afforester of the afforestation land concerned unless the report is submitted within twenty days from the day when he received the peremptory notice.

(Designation of Afforester) Article 14. When the report as provided for in paragraph 2 of the preceding Article has not been submitted, the Governor of To, Do, Fu or prefecture shall, in accordance with the procedure as provided for by the Ministerial Ordinance, give a public notice without delay to the effect that the afforester shall be designated relative to the afforestation land concerned and shall exhibit the document stating matters listed in each item of Article 8 paragraph 1 for public review during thirty days from the day of public notice. 2 The person who intends to get the designation of the preceding paragraph in accordance with the procedure as provided for by the Ministerial Ordinance shall make the application thereof to the Governor of To, Do, Fu or prefecture during the period designated by the Governor of To, Do, Fu or prefecture. 3 The Governor of To, Do, Fu or prefecture shall, in accordance with the order listed below, designate the afforester who holds the top priority among those who made applications as provided for in the preceding paragraph: (1) An individual who has his self-labor and management ability enough to practise afforestation on the afforestation land concerned or a joint applicant who has cooperative work capacity and management ability enough to practise afforestation on the afforestation land concerned; (2) An individual who has a capital enough to purchase seedlings, to hire laborers or others necessary for execution of afforestation on the afforestation land; (3) A person who produces or processes forest products or operates hydro-electric generation business and has ability enough to perform afforestation; (4) Persons other than those listed in each of the above items. 4 In cases where there are some in the same order under provisions of the preceding paragraph, the Governor of To, Do, Fu or prefecture shall make designation taking into consideration the following matters: (1) Degree of one's technique, experience and other management ability concerning afforestation; (2) Geographical relationship between one's domicile or place of residence or job site and the afforestation land concerned; (3) Degree of relationship of one's business with afforestation relative to the afforestation land concerned. 5 In cases where the forest owners'association, a school founder, local public entity and other organizations as provided for by Ministerial Ordinance made the application under paragraph 2, and it is reasonable to designate those persons as afforesters from the viewpoints of natural environment and other conditions with the afforestation land concerned, the Governor of To, Do, Fu or prefecture, regardless of the provisions of paragraph 3, may designate those persons as afforesters. 6 The Governor of To, Do, Fu or prefecture shall, when he made the designation of afforester, give a public notice of it without delay in accordance with the procedure as provided for by Ministerial Ordinance, and inform the designated afforester concerned and the owner of the afforestation land concerned to that effect. 7 When the public notice of the preceding paragraph has been given, any person other than the designated afforester shall not perform planting based on the afforestation plan relative to the afforestation land concerned.

(Alteration of Afforestation Program) Article 15. When the afforester has applied for the postponement of the period under Article 7 paragraph 2 item (3) in the following case, the Governor of To, Do, Fu or prefecture shall postpone the period: (1) When it is impossible to perform the planting based on the afforestation program concerned due to non-availability of seedlings; (2) When it is impossible to perform planting based on the afforestation program concerned for a person who is to be accomodated with a loan subsidy needed for afforestation, because of such loan or subsidy being not obtaind. 2 The afforester or the person who uses or takes profits from the afforestation land concerned for grazing or collection of grass, when the conditions which formed the basis for establishing the afforestation program has been changed to a large extent, may apply for the alteration of the afforestation program concerned or the rescission of the designation of the afforestation land to the Governor of To, Do, Fu or prefecture. 3 The Governor of To, Do, Fu or prefecture shall, when he changed the afforestation program of rescinded the designation of the afforestation land, give a public notice to that effect in accordance with the procedure as provided for by Ministerial Ordinance and shall give notice of the same to the person who applied for change of afforestation program, the afforester and the owner of the afforestation land concerned, and the person who uses or takes profits from the afforestation land concerned for grazing or collection of grass.

(Report on the Completion of Planting and Others) Article 16. The afforester shall, when he has completed the planting based on the afforestation program relative to the afforestation land concerned, report it without delay to the Governor of To, Do, Fu or prefecture. 2 The Governor of To, Do, Fu or prefecture shall, when he received the report on the completion of planting as provided for in the provisions of the preceding paragraph, or the term to complete the planting as provided for in the afforestation program concerned expired, cause his personnel to inspect whether the planting on the afforestation land concerned is completed and the result of the planting. 3 The Governor of To, Do, Fu or prefecture, upon the inspection under the preceding paragraph, when he deems the planting result too poor to have a good prospect of a matured forest, may instruct the afforester to perform re-planting by fixing another term. However, in case there is no prospect of replanting by him, the same shall not apply. 4. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the case where the instruction as provided for in the preceding paragraph has been made. 5 The designated afforester shall, when he stopped the planting based on the afforestation program relative to the afforestation land concerned, report it without delay to the Governor of To, Do, Fu or prefecture.

(Supplementary Designation of Afforester) Article 17. In the following cases, the Governor of To, Do, Fu or prefecture shall designate another afforester relative to the afforestation land concerned: (1) When the afforester failed to complete the planting by the time-limit when he is to complete the planting as provided for in the afforestation program; (2) In the case of paragraph 3 of the preceding Article, when the afforester failed to complete the re-planting by the time-limit under the same paragraph or there is no prospect of its completion by him; (3) When the designated afforester made a report on the suspension of planting based on the afforestation program concerned in accordance with the provisions of paragraph 5 of the preceding Article; (4) When the designated afforester, prior to the completion of planting based on the afforestation program concerned, has transferred or lent a superficies or other right which enables the afforestation land concerned to use for the purpose of raising up forest trees; (5) In the case of the following Article, when the report as provided for in the same Article has not been submitted. 2 The provisions of Article 14 shall apply mutatis mutandis to the case of the preceding paragraph. 3 When the designated afforester has come under any of the items of paragraph 1, the designation which he got in accordance with the provisions of the same paragraph or Article 14 shall lose its validity at the time of the public notice as provided for in Article 14 paragraph 1 which applies mutatis mutandis under the preceding paragraph.

(Succession by Inheritance or Others) Article 18. In case of the death or dissolution of the designated afforester, when a person who has succeeded the position of the designated afforester by inheritance or amalgamation has reported it to the Governor of To, Do, Fu or prefecture within thirty days from the day of snccession, the said person shall be deemed the designated afforester on the day of the succession.

CHAPTER IV Adjustment of Right Relationship

(Establishment of Supperficies) Article 19. The designated afforester may consult with the owner of the afforestation land concerned on the establishment of a superficies aiming at afforestation based on the afforestation program relative to the afforestation land concerned and on the adjustment of right relationship relative thereto. 2 In the case of the preceding paragraph, when they have failed to reach an agreement or to consult with each other, the designated afforester concerned may apply for decision to the Governor of To, Do, Fu or prefecture. However, in cases where ninety days have elapsed from the day when he got the designation as provided for in Article 14 or 17, the same shall not apply. 3 Tne Governor of To, Do, Fu or prefecture shall, when the application as provided for in the preceding paragraph has been made, inform the owner of the afforestation land concerned to that effect and give him a chance to submit a written opinion by designating the period of its submission. 4 The decision shall not exceed the scope of the application. 5 The following matters shall be provided for in the decision: (1) Land as an objective of the superficies; (2) Date of establishment of the superficies and its period of continuation; (3) Ratio of shares of joint-ownership as provided for in the following Article; (4) Besides those as provided for in the following Article, matters concerning forest trees to be owned jointly by persons concerned and adjustment of right relationship relative to establishment of superficies. 6 The ratio of shares under item (3) of the preceding paragraph shall be decided, taking into consideration the rent of the afforestation land concerned, the public taxes and imposts, and the expenses needed for afforestation. 7 The decision shall be made in writing with the reason therefor. 8 The Governor of To, Do, Fu or prefecture shall, when he made the decision, inform the designated afforester and the owner of the afforestation land concerned to that effect, and give a public notice of it without delay. 9 When the public notice under the preceding paragraph has been given, the parties concerned shall be deemed to have reached an agreement in accordance with the decision. 10 The person who has an objection to the ratio of shares as provided for in the decision, may apply for increase or decrease of ratio by means of a suit within ninety days from the day of public notice as provided for in paragraph 8. 11 In the case of the suit under the preceding paragraph the designated afforester or the owner of the afforestation land concerned shall be the defendant.

(Joint-ownership of Planted Forest Trees) Article 20. In cases where the superficies has been established in accordance with the provisions of the preceding Article, the forest trees, which the designated afforester planted based on the afforestation program concerned (including forest trees which have grown up naturally after planting and belong to the category of the species provided for in the afforestation program concerned), shall be under the joint-ownership of both the designated afforester and the owner of the afforestation land concerned.

(Lapse of Other Rights relative to the Afforestation Land) Article 21. The afforester, in case there is another person who may use and take profits from the afforestation land concerned for the purpose of raising up forest trees based on other right than ownership, and if necessary, may consult with the person concerned about the lapse of the right concerned. 2 The afforester, in case there is a person who uses the afforestation land concerned for other purpose than that of raising up forest trees and the use concerned hinders the execution of afforestation based on the afforestation program, may consult with the person concerned about the restriction or the suspension of the use concerned. 3 In cases of the preceding two paragraph, when they have failed to reach an agreement or to consult with each other, the afforester concerned may apply for the decision of the Governor of To, Do, Fu or prefecture. 4 In the decision relative to the agreement of paragraph 1, the matters listed below shall be provided for: (1) Contents of the right to lapse; (2) Date of lapse; (3) In cases where there is a loss to be compensated caused by the lapse of the right concerned, the amount of the said compensation, the method and the date of its payment. 5 In the decision relative to the agreement of paragraph 2, the matters listed below shall be provided for: (1) The contents of the restriction or the suspension of the use concerned and its period; (2) In cases where there is a loss to be compensated coused by the restriction or the suspension of the use concerned, the amount of compensation and the method and the date of its payment. 6 The provisions of Article 19 paragraphs 3 and 4, and paragraphs 7 to 11 inclusive shall apply mutatis mutandis to the decision under the preceding three paragraphs. In this case, "the ratio of shares" in paragraph 10 of the same Article shall read "the amount of compensation" .

CHAPTER V Miscellaneous Provisions

(Management Plan) Article 22. The owner of forest trees planted based on this Law shall, in accordance with the management plan, raise up and fell such trees.

(Prohibition of Disposition Based on Other Laws) Article 23. Purchase or use as provided for in the provisions of Article 30 or Article 37 of Law concerning Owner-Farmer Establishment Special Measures Law or designation as provided for in the provisions of Article 30-(2) of the same Law shall not be made on the cutover area or other and afforestation land concerning the afforestation program.

(Report) Article 24. The Governor of To, Do, Fu or prefecture, may, if espectially necessary for securing enforcement of this Law, order the owner of the cut-over area or other, or the person who has any right relative thereto to make necessary reports.

(Survey) Article 25. The Governor of To, Do, Fu or prefecture may, if especially necessary for securing the enforcement of this Law, cause the personnel to enter the cut-over area or other and to make the required survey. 2 The personnel who enter and survey in accordance with the provisions of the preceding paragraph shall carry the certificate to prove their status and show it to the interested person on request.

(Exceptional Case of Registration) Article 26. The registration of establishment of a superficies relative to the decision under the provision of Article 19 may be applied only by the owner of a right of registration. 2 The written application for registration of the preceding paragraph shall be accompanied by the document which certifies that the public notice under the provisions of Article 19 paragraph 8 has been given. 3 The provisions of Article 103 paragraph 2 paragraph 3 and Article 103-(2) of Immovable Property Registration Law (Law No.24 of 1899) shall apply mutatis mutandis to the registration of paragraph 1.

CHAPTER VI Penal Provisions

Article 27. The person who has violated the provisions of Article 8 paragraph 3, Article 11 or Article 14 paragraph 7 shall be punished with penal servitude not exceeding one year or with a fine not exceeding thirty thousand yen or with both.

Article 28. The person who comes under any of the following items shall be punished with a fine not exceeding ten thousand yen: (1) The person who failed to make the report or made a false report under the provision of Article 24; (2) The person who rejected, hindered or evaded the survey as provided for in Article 25 paragraph 1.

Article 29. In cases where any representative of a juridical person, proxy, employee or other worker of a juridical person or of a natural person commits the violation under the preceding two Articles for the business of the juridical person or natural person, not only shall the offender be punished, but the juridical person or natural person concerned shall be liable to a fine under each Article in the Penal Provisions, unless it is proved that due care and subervision have been exercised over the business in order to prevent the aforesaid violation committed by his proxy, employee or other worker.