(Responsibility for Establishment of Regulations for Pasture Management)
Article 3. Any local public entity, with respect to the pasture which is under its management and designated by Cabinet Order, establish regulations for pasture management in order that the said pasture may be utilized to the maximum efficiency in accordance with the geographical or other conditions.
2 Any local public entity shall, in cases where it intends to establish regulations for pasture management in accordance with the provision of the preceding paragraph, make, in advance, public notification of the drafts of regulations for pasture management for a period of ten days.
3 The user, owner or any other interested person of the pasture concerned may, in cases where he is dissatisfied with the drafts of regulations for pasture management concerned, file the appeal to the local public entity concerned within twenty days after expiration of the term of public notification under the preceding paragraph.
4 In cases where the appeal under the provision of the preceding paragraph has been filed, the local public entity concerned shall hold a public hearing meeting and hear opinions of the user, owner or any other interested person of the pasture concerned.
5 Any local public entity shall, in cases where it has established regulations for pasture management, apply, without delay, to the Minister of Agriculture and Forestry or to the governor of To, Do, Fu or prefecture respectively for approval according to the following classification:
(1) To the Minister of Agriculture and Forestry, in the case of To, Do, Fu or prefecture;
(2) To the governor of To, Do, Fu or prefecture, in the case of city, town or village (inclusive of its association and property ward).
6 In cases where the application for the approval under the provision of the preceding paragraph has been made, the Minister of Agriculture and Forestry shall, if he deems the regulations for pasture management concerned to be proper to cause the pasture concerned to be utilized to the maximum efficiency, give the approval.
7 The Minister of Agriculture and Forestry or the governor of To. Do, Fu or prefecture shall, in cases where he rejects the application for the approval under the provision of paragraph 5, give definite reasons thereof.
8 With respect to revision of regulations for pasture management, provisions of the preceding six paragraphs shall apply mutatis mutandis.
(Contents of Regulations for Pasture Management)
Article 4. In the regulations for pasture management, there shall be entered the following matters:
(2) Division and area under classification in use;
(3) In the case of grazing land, grazing period, approved grazable head number of livestock under classification in kind, and in the case of meadow, grass-collecting period, number of times of grass-collection and amount of grass collected;
(4) Matters concerning the method of improvement of species of grass and the method of elevation of grass productiop;
(5) Matters concerning elimination of harmful plant and obstacles, and extermination of injurious insect;
(6) Matters concerning pasture facilities;
(7) Matters concerning division of bearing of expenses;
(8) Matters concerning disposition against violation.
2 The grazable head number of livestock under item (3) of the preceding paragraph may be determined by converting into head number of cattle or horse equivalent in compliance with the amount of grass consumption. In this case the method of conversion shall be determined by Agriculture and Forestry Ministry Ordinance.
(Observance of Regulations for Pasture Management)
Article 5. Any local public entity shall cause the pasture concerned to be used in accordance with the regulations for pasture management.
Article 6. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may cause the officials who have professional knowledge with respect to improvement and conservation of pasture to enter the pasture to which he has given the approval for the regulations for pasture management and inspect whether the said pasture are utilized to the maximum efficiency or not.
2 The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, in cases where he finds any evidence of violation of the regulations for pasture management concerned after conducting the inspection under the preceding paragraph, instruct the manager of the pasture concerned to observe the regulations for pasture management or to take measures necessary to cause the user of the pasture concerned to observe the said regulations for pasture management.
3 The official who conducts the spot-inspection in accordance with the provision of paragraph 1 shall carry with him the certificate indicating his status and show it at any time when requested by an interested person.
4 The power of spot-inspection shall not be interpreted as is invested for criminal search.
(Adjustment of Matters concerning Right)
Article 7. In cases where there is a contract between any local public entity and the user of the pasture concerned relative to use or usufruct of the pasture for which the approval has been given for the regulations of pasture management in accordance with the provision of Article 3 paragraph 6, the local public entity may, if it is necessary to do so for observance of the regulations for pasture management, revise the contract regardless of the terms of the contract within the limit of necessity.
2 Any local public entity shall, in cases where it intends to revise the contract and the users of the pasture concerned are two or more in number, consider on the interest of each user impartially.
Article 8. Any user of the pasture concerned who has suffered a disadvantage by revision of the contract under the provision of paragraph 1 of the preceding Article may, regardless of the terms of the said contract, demand a reasonable decrease in or refundment of the tenant-fee, leaserent or counter-value for its use. However, the same shall not apply after the elapse of thirty days from the day on which the notice of revision of the said contract was given.