Pasture Law
法令番号: 法律第194号
公布年月日: 昭和25年5月20日
法令の形式: 法律
I hereby promulgate the Pasture Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the fifth month of the twenty-fifth year of Showa (May 20, 1950)
Prime Minister YOSHIDA Shigeru
Law No.194
Pasture Law
Contents
Chapter I General Provisions(Article 1 and Article 2)
Chapter II Regulations for Pasture Management(Article 3 to 8)
Chapter III Protected Pasture(Article 9 to 17)
Chapter IV Miscellaneous Provisions(Article 18 to 23)
Chapter V Penal Provisions(Article 24 to 27)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to secure conservation of national land and elevation of utilization of pasture, by making proper the pasture management exercised by local public entities and by taking other measures necessary for prevention of denudation of pasture.
(Definitions)
Article 2. In this Law "pasture" shall mean the land which is employed mainly for livestock grazing or collection of feed or bedding for livestock (exclusive of the land which is employed for cultivation).
CHAPTER II Regulations for Pasture Management
(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:
(1) Location and area;
(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.
CHAPTER III Protected Pasture
(Instruction concerning Improvement and Conservation)
Article 9. In cases where a pasture is remarkably denuded and where decrease in capacity of holding moisture, soil erosion or any other fact is liable to offer a serious obstacle against national land security, the governor of To, Do, Fu or prefecture may, if he finds any necessity for elimination of the said obstacle, instruct, by designating the period and area within the limit of necessity, the owner of the said pasture or other person who exercises the management on the basis of a right the necessary measures to be taken for the purpose of improvement of species of grass and elevation of grass production and other improvement and conservation practices of the pasture.
2 The governor of To, Do, Fu or prefecture shall give the instruction under the preceding paragraph in compliance with the following standards:
(1) That enforcement of the measures as directed by the instruction concerned shall be technically possible and not too much expensive against the increase in the return from the pasture caused by enforcement of the said measures;
(2) That enforcement of the measures as directed by the instruction concerned shall promote national land security as well as elevate the efficiency of pasture utilization.
3 The governor of To, Do, Fu or prefecture shall, in cases where he intends to give the instruction under paragraph 1, give, in advance, the user of pasture concerned or other person who exercises management based on a right opportunity to express his opinions.
(Change of Instruction)
Article 10. Any person who has given the instruction under paragraph 1 of the preceding Article may, if he deems it necessary to do so, apply to the governor of To, Do, Fu or prefecture for a change of the said instruction.
2 The governor of To, Do, Fu or prefecture may, in cases where the application under the preceding paragraph has been made or where he deems it necessary to do so, change the instruction under paragraph 1 of the preceding Article.
3 In the case of change under the preceding paragraph, the provisions of paragraph 3 of the preceding Article shall apply mutatis mutandis.
(Lapse of Instruction)
Article 11. In cases where the pasture to which the instruction under Article 9 paragraph 1 was given (hereinafter to be referred to as "protected pasture" ) has abolished the use as pasture, the instruction under the same paragraph of the same Article shall lose its effect.
2 Any person who has given the instruction under Article 9 paragraph 1 shall file a notice to that affect to the governor of To, Do, Fu or prefecture within thirty days from the day of abolishment of the use under the preceding paragraph.
(Entrance for Inspection)
Article 12. The governor of To, Do, Fu or prefecture may, in cases where it is necessary to do so to make sure the enforcement of the measures as directed by the instruction under Article 9 paragraph 1, cause the officials of the To, Do, Fu or prefecture concerned to enter the protected pasture concerned and inspect the state of enforcement of the measures as directed by the instruction concerned.
2 In the case under the preceding paragraph, the provisions of Article 6 paragraph 3 and paragraph 4 shall apply mutatis mutandis.
(Report on Completion)
Article 13. Any person who has been given the instruction under Article 9 paragraph 1 shall, upon completion of enforcement of the measures as directed by the instruction concerned, file a notice, without delay, to that effect to the governor of To, Do, Fu or prefecture.
2 When, in cases where the notification under the preceding paragraph was filed, the governor of To, Do, Fu or prefecture deems the enforcement of the measures as directed by the instruction concerned to have been completed, he shall, without delay, make public notification thereof.
(Compensation for Loss)
Article 14. The State shall compensate the person who has suffered a loss as a result of enforcement of the instruction under Article 9 paragraph 1 for a loss to be suffered ordinarily as a result of enforcement of such instruction.
2 The instruction specified in Article 9 paragraph 1 shall be given within the limit that the total amount of indemnities needed by the said instruction in accordance with the provisions of the preceding paragraph does not exceed the amount of budgetary appropriations passed through the decision of the National Diet.
(Adjustment of Matters concerning Right)
Article 15. In cases where any person who manages a pasture on the basis of a right other than ownership by contract has been given the instruction under Article 9 paragraph 1 and disbursed expenses necessary for enforcement of the measure as directed by the instruction concerned, he may demand to hold a conference with the contracting party in respect to extension of period of contract or extension of period of emphyteusis or other rights, or decrease or remission of tenant-fee, lease-rent, or any other counter-value of its use.
Article 16. In cases where there is a contract between the person who was given the instruction under Article 9 paragraph 1 and has disbursed expenses necessary for enforcement of the measures directed by the instruction concerned and the user of the said pasture with respect to use or usufruct of the pasture concerned, person who has enforced the measures concerned may, when the utility of the said pasture has been increased because of having enforced the measure as directed by the instructions concerned, demand a reasonable increase in tenant-fee, lease-rent, or any other countervalue of its use, regardless of the terms of the said contract.
2 In cases where the demand under the preceding paragraph is made, the user of the said pasture may waive the right or rescind the said contract.
(Exemption from Application)
Article 17. The provisions of this Chapter shall not apply to the pasture listed as reserved forest in accordance with the provisions of Article 14 of the Forest Law (Law No.43 of 1907) as applied mutatis mutandis in the provisions of Article 36 of the same Law.
CHAPTER IV Miscellaneous Provisions
(Extermination of Injurious Insects)
Article 18. When, in cases where injurious insects develop on a pasture and are feared to expand to other pastures, the governor of To, Do, Fu or prefecture deems it necessary, he may give the owner of the pasture concerned or any person who exercises management thereof on the basis of a right other than ownership the instruction to exterminate the injurious insects concerned, by designating area, period of time, and methods of extermination.
(Collection of Reports)
Article 19. The governor of To, Do, Fu or prefecture may, in cases where he deems it necessary to do so for attainment of the purpose of this Law, demand any owner, manager or user of pasture for presentation of necessary reports on the pasture concerned or any facilities thereon, by issuing the paper entering the reasons for collection of the same.
(Measure of Encouragement)
Article 20. The State shall take necessary measures of encouragement to any person who enforces a pasture improvement project in accordance with the regulations for pasture management as referred to in Article 3, any person who enforces an improvement project of the protected pasture in accordance with the instruction under Article 9 paragraph 1, and any person who enforces a project of injurious insect extermination in accordance with the instruction under Article 18 paragraph 1, with respect to financing of funds, supply of seeds of grass and seedlings of pasture woods, etc. within the limit of necessary amount for enforcement of the projects concerned.
(Effect of Acts Such as Disposition, Etc. to Successor)
Article 21. Any disposition, procedures, and any other act under the provisions of this Law or any order based upon this Law shall be effective also to the successor of any person who holds owner ship or any other right on the land, things, or rights connected with the act concerned.
(Application Mutatis Mutandis to Dried River-Bed and River Bank)
Article 22. The provisions of Articles 3 to 8 inclusive and of Article 18 to the preceding Article inclusive shall apply mutatis mutandis to such a dried river-bed and river bank permitted to be offered for the purpose of livestock grazing or collection of forages or bedding for livestock in accordance with the provisions of Article 18 of the River Law (Law No.71 of 1896)(inclusive of the case as applied mutatis mutandis in Article 5 of the same Law).
(Provisions for Execution)
Article 23. Matters concerning the procedures for enforcement of this Law and other necessary matters concerning execution shall be provided for by the Ministry of Agriculture and Forestry Ordinance, except for the matters delegated to Cabinet Order under this Law.
CHAPTER V Penal Provisions
Article 24. Any person who has violated an instruction under the provisions of Article 9 paragraph 1 shall be liable to a fine not exceeding thirty thousand yen.
Article 25. Any person who comes under any one of the following items shall be liable to a fine not exceeding ten thousand yen:
(1) Any person who has refused, obstructed, or evaded the entrance for inspection under the provisions of Article 12 paragraph 1;
(2) Any person who has failed to make a report under the provision of Article 19 (inclusive of the case as applied mutatis mutandis in Article 22) or made a false report.
Article 26. When a proxy of a juridical person, an agent, employee of or other persons engaged by, of a juridical person or a person has committed the violations under the preceding two Articles, the juridical person or the person shall be liable to a punishment under respective Article, besides punishing the offender.
Article 27. Any person who has failed to file a notification under the provisions of Article 11 paragraph 2 or Article 13 paragraph 1, or has made a false notification shall be liable to a noncriminal fine not exceeding two thousand yen.
Supplementary Provisions:
(Date of Enforcement)
1. The provisions of Chapter 3 of this Law shall come into force as from April 1, 1951, and the other provision as from the day to be determined by Cabinet Order within ninety days commencing from the day of promulgation of this Law.
(Abolishment of Pasture Land Law)
2. The Pasture Land Law (Law No.37 of 1931;hereinafter to be referred to as "the old Law" ) shall be abolished.
(Transition Provisions)
3. With respect to a Pasture Land Association existing at the time of enforcement of this Law, the old Law shall be still effective, regardless of the provision of the preceding paragraph.
4. Any Pasture Land Association under the preceding paragraph and existing at the time when five months have elapsed from the day on which this Law shall have come into force (exclusive of such one as is under liquidation) shall be dissolved at that time.
5. The Minister of Agriculture and Forestry shall, after the elapse of the period of time under the preceding paragraph, make efforts for promotion of prompt liquidation so that the liquidation may be completed within one year from the day on which this Law shall have come into force.
6. With respect to application of penal provisions to an act committed before the enforcement of this Law (with respect to the Pasture Land Association under paragraph 3 of the Supplementary Provisions, before the invalidation of the old Law which is effective in accordance with the provisions of the same paragraph becomes effective), the precedents under the former provisions shall apply even after the enforcement of this Law (with respect to the Pasture Land Association under the same paragraph, even after the invalidation of the old Law which is effective in accordance with the provision of the same paragraph).
(Amendments to Related Law)
7. The Central Bank for Agriculture and Forestry Law (Law No.42 of 1923) shall be partially amended as follows:
In Article 5 paragraph 1, "Pasture Land Association" shall be deleted.
8. The Trade Association Law (Law No.191 of 1948) shall be partially amended as follows:
In Article 6 paragraph 1 item (2), "i. the Pasture Land Law (Law No.37 of 1931)" shall be amended as "i. Deleted" .
9. With respect to the pasture land association under paragraph 3 of Supplementary Provisions, the precedents under the former provisions shall apply until the completion of its liquidation, regardless of the provisions of the preceding two paragraphs.
Prime Minister YOSHIDA Shigeru
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Minister of Agriculture and Forestry MORI Kotaro
Minister of Construction MASUDA Kaneshichi