Article 1.　The purpose of this Law is to provide means for development, utilization and management of ports and harbors through the establishment of Port Management Bodies.

Article 2.　In this Law "Port Management Body" means a Port Authority which will be created under the provisions of Chapter II Section 1 or a local public entity which which will be designated or established under the provisions of Article 33.

2　In this Law "major ports" mean those ports and barbors which will be designated as such in a Cabinet Order, being of great importance to the interest of the State;and "minor ports" mean all ports and harbors other than major ports.

3　In this Law "port area" means the water area for which the approval has been given under the provisions of Article 4 paragraph 4 (including the case where these provisions apply mutatis mutandis under the provisions of Article 9 paragraph 2 and Article 33 paragraph 2).

4　In this Law "waterfront area" means an area which has been designated as such under the provisions of Article 10 paragraph 3 of the City Planning Law (Law No.36 1919) or an area which has been decided as such by a Port Management Body with an approval obtained under the provisions of Article 34.

5　In this Law "port facilities" mean the facilities within a port area and a waterfront area, enumerated in the following items:

6　In this Law "port construction work" means a work of constructing, improving, maintaining or repairing port facilities.

7　In this Law "port of refuge" means a port whose main object is to give refuge to small-sized vessels in a storm but which is not normally used for loading and unloading of cargoes or embarkation and debarkation of passenges;and which will be designated in a Cabinet Order.

Article 3.　This Law shall not apply to ports designated by other laws as exclusively for the use of fishing.

Article 33.　At a port where no Port Authority has been established, the interested local public entities may, through decision of their respective assemblies and by mutual agreement through consultation, designate one of them, or establish a local public entity under the provision of Article 284 paragraph 1 of the Local Autonomy Law, to be the Port Management Body, after taking the procedures prescribed in Article 4 paragraphs 3 and 4 which are applied mutatis mutandis under the provisions of the following paragraph 2.

2　The provisions of Article 4 paragraphs 2 to 6 inclusive and paragraph 10 shall apply mutatis mutandis to the case referred to in the preceding paragraph, and the provisions of Article 4 paragraphs 7 to 9 inclusive shall apply mutatis mutandis to the case where the mutual agreement referred to in the preceding paragraph has not been reached and the provision of Article 9 paragraph 2 shall apply mutatis mutandis to the case of alteration of port area of the local public entity as the Port Management Body.

Article 34.　With regard to the activities which a local public entity performs as a Port Management Body, the provisions of Articles 12 and 13 shall apply mutatis mutandis.

Article 35.　The local public entity as a Port Management Body may have a Commission, an organ to carry out the activities as provided for in the preceding Article.

2　The name, organization and powers of the Commission shall be prescribed in by-law of the local public entity.

Article 36.　At a port where a local public entity has been the Port Management Body under the provisions of Article 33, when a Port Authority is formed or another local public entity is decided as a Port Management Body under the provisions of Article 33, the local public entity which has thitherto been the Port Management Body shall, so far as the port area of new Port Management Body is concerned, lose its position as the Port Management Body.

Article 37.　In case any person intends to construct water facilities, contour facilities or moorning facilities, or otherwise exclusively use a part of the water area (except for the case of reclaiming the public-owned waters) or to gather sands, within the port area, he shall obtain the permission of the chief of the Port Management Body.

2　The chief of the Port Management Body shall give his permission for the construction, exclusive use or gathering referred to in the preceding paragraph, unless it will remarkably impede the execution of a plan of the Port Management Body for exploitation and development of the port or will otherwise remarkably hamper exploitation and development thereof.

3　In case the State, Japan Monopoly Public Corporation or Japanese National Railways intends to execute the construction, exclusive use or gathering as referred to in paragraph 1, in paragraph 1 "shall obtain the permission of the chief of the Port Management Body" shall read "shall propose to that effect to the chief of the Port Management Body" , and in the preceding paragraph "shall give his permission for" shall read "shall agree to the proposal for" .

4　The Port Management Body may collect charges for gathering sands or for exclusively using a part of the water-area from the person who has obtained the permission as prescribed in paragraph 1. However, this shall not apply to the case where the permission for construction of port facilities or the proposal by the State is concerned.

Article 38.　The Port Management Body may demarcate a waterfront area, with the approval of the Minister of Transportation, in an area other than those which have been designated as the city planning areas in accordance with the provisions of Article 2 of the City Planning Law.

2　The waterfront area as referred to in the preceding paragraph shall be of a minimum extent necessary for the management and operation of the port concerned, in the land area bordering the port area.

Article 39.　The Port Management Body may designate the zones enumerated in the following items, within the waterfront area:

2　The zones referred to in the preceding paragraph shall be designated within the limit of the area of the local public entity which is the Port Management Body (in case the Port Management Body is a Port Authority, the local public entity which organizes the Port Authority).

Article 40.　Any building or structure which will remarkably hamper the function of each zone and which will be specified by by-law of the local public entity that is a Port Management Body (in case the Port Management Body is a Port Authority, such one of the local public entities which organize the Port Authority and whose areas include the area of the zone concerned as will be designated in the article of incorporation of the said Port Authority), shall not be established within the zones enumerated in the preceding Article.

2　The local public entity organizing the Port Authority shall, in laying down the by-law as referred to in the preceding paragraph, give a high regard to the draft of by-law prepared by the Port Authority.

Article 41.　The chief of the Port Management Body may, in case any building or other structure existing in a zone has come to fall under the provisions of the by-law established and enforced as provided for in the preceding Article and remarkably impedes the function of the said zone, order the owner or occupant of the said structure to reconstruct, transfer or remove it.

2　The chief of the Port Management Body shall, in case he intends to give the order as prescribed in the preceding paragraph, hold a public hearing after giving in advance public notice of the date and place thereof, hear opinions of the owner or occupant and other interested persons and take them into full consideration.

3　As to the losses caused by the instruction prescribed in paragraph 1, the Port Management Body shall compensate to the owner or occupant of the structure concerned for the loss which would not have been caused under ordinary circumstances but for the order and the loss of returns which would have been obtained under ordinary circumstances but for the order.

4　Any person who is qualified to receive the compensation in accordance with the provisions of the preceding paragraph may, if he is dissatisfied with the amount of compensation money decided, bring a suit for the increase of the amount within three months counting from the day on which he was notified of the decision on the amount.

Article 42.　In case at a major port, the Port Management Body executes any important construction or improvement work of water facilities, contour facilities or moorning facilities for the use of the general public, the State and Port Management Body shall each bear 50% of the cost of said construction or improvement work.

2　In case the Port Management Body executes at a port of refuge the construction or improvement work of water facilities or contour facilities, the State and the Port Management Body shall bear 75% and 25% respectively of the cost of the work.

3　The provisions of the preceding two paragraphs shall not apply unless the amount to be borne by the State under these provisions is appropriated in the budget approved by the National Diet through prior application to the Minister of Transportation.

4　The provisions of Article 17 paragraph 1 and Article 19 paragraph 1 of the Local Finance Law (Law No.109 of 1948) apply mutatis mutandis to the Port Authority in the case contemplated in paragraph 1 or 2 above. In this case "the local public entity" in the abovementioned law shall read "Port Authority" .

Article 43.　Other than the case under the provisions of the preceding Article, the State may, when deemed especially necessary, grant subsidy within the limit of the budget for the expenses required for port construction work which is executed by the Port Management Body for use of the general public, in accordance with standards set forth in the following two items:

Article 44.　In case the Port Management Body intends to collect charges for the use of facilities which it provides or for services which it furnishes, it shall in advance fix the rates thereof and publish the rates at least 30 days prior to the time when the rates shall take effect. The same shall apply to the case of alteration of such rates.

2　Any interested person may, when he deems that the rates established by the Port Management Body under the provisions of preceding paragraph are unreasonable or in violation of this Law, bring the matter to the attention of the Minister of Transportation and request him to order the Port Management Body to revise the rates.

3　When the request referred to in the preceding paragraph has been made, the Minister of Transportation may, if he recognizes the said request justifiable, after affording the Port Management Body full opportunity to plead the reasonableness and consistency with this Law of the rates at a public hearing to be held by the Transportation Council within the area where the Port Management Body is located, order that Body to change the rates showing the reasons therefor.

Article 45.　Any person other than a Port Management Body who intends to collect charges for the use of facilities or for performing services necessary for the utilizations of port at the port concerned shall fix the rates for the use of such facilities or the performance of such services and file with the Port Management Body a statement showing the rates to be charged.

2　The provisions of the preceding paragraph shall not apply to services or facilities which are furnished through contract each time.

Article 46.　Any person who intends to transfer, mortgage, or lease out any port facilities, the expenses for which have been shared or subsidized by the State, shall obtain the approval of the Minister of Transportation;provided that this shall not apply to the case where the amount of State share or sudsidy has been reimbursed to the State or where the Lessee of such port facilities is to offer them for the general public use and also the term of lease is not to exceed three years.

2　The Port Management Body shall not take any action which will make the port facilities under its management and offered to the general public use unavailable to the general public use, except in the case the approval of the Minister of Transportation has been obtained under the provision of the main clause of the preceding paragraph or in the case prescribed in the proviso to the same paragraph.

Article 47.　In case the Minister of Transportation deems that a Port Management Body acts against the provisions of Article 13 (inclusive of the case where the provisions of Article 13 apply mutatis mutandis in accordance with the provisions of Article 34), he may order the Port Management Body to stop or change the action.

Article 48.　The Minister of Transportation may, when he deems it necessary for increasing the convenience of general traffic, request the Port Management Body of a major port to file with him a plan for development of the port such as arrangement, construction and improvement of the port facilities.

2　The Minister of Transportation shall review the plan referred to in the preceding paragraph, and may request change thereof when he considers that the plan does not conform to the national port planning for development of all ports and harbors, or that it is remarkably improper from the viewpoint of utilization of the said port.

Article 49.　The Port Management Body of a major port shall prepare and publish annual reports on its business incomes and expenditures and other port matters and submit copies thereof to the Minister of Transportation, in accordance with the procedures to be set forth in a Ministry of Transportation Ordinance.

Article 50.　The Minister of Transportation may give necessary instructions to Port Management Bodies to provide for uniformity of reports on vessel's entrance and departure which the Port Management Bodies receive.

Article 51.　With regard to a major port the Minister of Transportation may, when he deems it specially necessary for promoting the utilization of the port, advise the interested local public entities to establish a Port Management Body.

Article 52.　The Minister of Transportation may directly execute port construction work within the limitation of the budget, in case it is found necessary for increasing the convenience of general traffic in a major port, when agreement has been reached through consultation between State and Port Management Body with respect thereto.

2　The provisions of Article 42 shall apply mutatis mutandis regarding to the expenses of port construction work executed by Minister of Transportation in accordance with the provisions of the preceding paragraph. In this case, "Article 17 paragraph 1 and Article 19 paragraph 1" in Article 42 paragraph 4 shall read "Article 17 paragraph 2 and Article 19 paragraph 2" .

3　The Port Management Body shall bear 50% of the expenses of the construction or improvement work of port traffic facilities which is executed by the Ministry of Transportation in accordance with the provisions of paragraph 1.

Article 53.　The Minister of Transportation may transfer to the Port Management Body and land or structure created through a port construction work as provided for in the preceding Article. In this case, the transference shall be free of charge up to the extent of the value equivalent to the amount of expenses borne by the Port Management Body shall not be charged.

Article 54.　Expect for the case provided for in the preceding Article, the Minister of Transportation ((as to the common property (excluding the public articles) under the provisions of Article 3 of the National Property Law (Law No.73 of 1948), the Minister of Finance)) shall lease to the Port Management Body the port facilities (including the land necessary for port management and operation) created though the port construction works as prescribed in Article 52, or contrust the same with the management thereof.

2　The Port Management Body shall bear the expenses for management of the port facilities which have come under its management in accordance with the provisions of the preceding paragraph. In this case, the charges for the use of said rent thereof shall make an income of the Port Management Body.

Article 55.　When a Port Management Body has been established, the port facilities which at that time are owned by or under the management of the State and which are necessary for general public use (exclusive of navigation facilities), shall be transferred or leased to the Port Management Body or entrusted to the same for its management.

2　The provisions of the preceding two Articles shall apply mutatis mutandis to the case contemplated in the preceding paragraph.

Article 56.　In case, at a port whose port area has not been decided, the governor of To, Do, Fu or prefecture has demarcated a water area which is bordered by the area of the said To, Do, Fu or prefecture and has given a public notice thereof, any person who intends to construct water facilities, contour facilities or mooring facilities, or otherwise exclusively use a part of the water area (except the case of reclaiming the public-owned waters) or to gather sands, within the said water area, shall obtain the permission of the said governor of To, Do, Fu or prefecture.

2　The provisions of Article 4 paragraphs 5 and 6 shall apply mutatis mutandis to the case where the governor of To, Do, Fu or prefecture demarcates the water area under the provisions of the preceding paragraph.

3　The provisions of Article 37 paragraphs 2 to 4 inclusive shall apply mutatis mutandis to the case contemplated in paragraph 1.

4　The said governor of To, Do, Fu or prefecture shall pay to the National Treasury the charges for the exclusive use of water area or charges for gathering sands, which he has collected in accordance with the provisions of Article 37 paragraph 4 which apply mutatis mutandis under the provisions of the preceding paragraph.

Article 57.　In case the Minister of Transportation intends to give the permission as referred to in Article 46 paragraph 1 as for facilities mainly offered for the fishing use, or to issue the order or request as referred to in Article 47 or Article 48 paragraph 2 as for matters which are of major interest to the fishing industry, he shall consult with the Minister of Agriculture and Forestry.

Article 58.　The provisions of Articles 2 to 5 inclusive of the Urban Building Law (Law No.37 of 1919) shall not apply to the zones as designated in accordance with the provisions of Article 39.

2　The official powers vested to the governor of To, Do, Fu or prefecture under the Law concerning the Reclamation of Public-Owned Water (Law No.57 of 1921) shall be exercised by the chief of the Port Management Body so far as the port area is concerned (provided that, with regard to a port area which is included in the river area as prescribed in Article 2 paragraph 1 of the River Law, the said powers shall be exercised by the governor of To, Do, Fu or prefecture and the chief of the Port Management Body).

3　The provisions of Article 213 paragraph 2 of the Local Autonomy Law shall not apply to the case where the local public entity transfers or leases the port facilities to the Port Management Body or entrusts the same with the management thereof.

4　Special provisions concerning the fishing port zone shall be provided for in the law concerning fishing port.

5　The provisions of the Law for the State Sharing of Expenses for Restoration Works by To, Do, Fu or prefecture of Damages caused by Calamities (Law No.15 of 1911) shall apply mutatis mutandis to the State sharing of expenses of restoration works by the Port Authority. In this case, To, Do, Fu or prefecture in the wording of said Law shall read "the Port Authority" .

Article 59.　In case where the provisions of the Law for Special Regulations concerning Administrative Litigations (Law No.81 of 1948) apply as to litigations concerning the permission referred to in Article 37 paragraph 1, collection of charges for the exclusive use of water-area and for gathering sands in paragraph 4 of the same Article, instruction as referred to in Article 41 paragraph 1, collection of charges as referred to in Article 44, and the exercise of the official powers provided for in the Law concerning the Reclamation of Public-Owned Water under the provisions of Article 58 paragraph 2, the chief of the Port Authority shall be regarded as the administrative agency.

Article 60.　With regard to the matters mentioned below, the Minister of Transportation shall consult the Transportation Council and shall take action with high regard to the decision of the Transportation Council:

Article 61.　Any person who has done, without permission, anything for which the permission is required under the provisions of Article 37 paragraph 1 or Article 56 paragraph 1 shall be liable to a fine not exceeding 30,000 yen.

2　In case where any member of the Board of Directors who receives the salary under the provisions of Article 25 paragraph 1 has become an officer of any profit-making organization or where he himself has engaged in a profit-making enterprise, he shall be liable to penal servitude without hard labor not exceeding six months or a fine not exceeding 30,000 yen.

Article 62.　In case where any representative of a juridical person, proxy, employee, or the other worker of a juridical person or of a natural person commits the violation under the provisions of the preceding Article paragraph 1 for the business of the juridical person or the natural person, not only the offender be punished, but the juridical person or the natural person concerned shall be liable to a fine under the same Article, unless it is proved that due care and supervision has been exercised in connection with the business of said juridical or natural person in order to prevent such violation by the proxy, employee or other worker thereof.