The Mining Law
法令番号: 法律第289号
公布年月日: 昭和25年12月20日
法令の形式: 法律

審議経過

I hereby promulgate the Mining Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the twelfth month of the twenty-fifth year of Showa (December 20, 1950)
Prime Minister　YOSHIDA Shigeru
Law No.289
The Mining Law
Contents
CHAPTER I General Provisions(Articles 1-10)
CHAPTER II Mining Right(Articles 11-70)
CHAPTER III Mining Lease(Articles 71-87)
CHAPTER IV Recommendations and Consultations(Articles 88-100)
CHAPTER V Use and Expropriation of Land(Articles 101-108)
CHAPTER VI Compensations for Mining Demages(Articles 109-170)
Section 1 Obligation of Compensation(Articles 109-116)
Section 2 Deposit of Mortgage(Articles 117-121)
Section 3 Intermediation of Compromise and Conciliation(Articles 122-164)
Section 4 Local Mining Damage Compensation Standards Council(Articles 165-170)
CHAPTER VII Plea of Protest(Articles 171-180)
CHAPTER VIII Additional Provisions(Articles 181-190)
CHAPTER IX Penal Provisions(Articles 191-195)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1.　The purpose of this Law is to establish the fundamental system of mining in order to contribute to the promotion of public welfare by developing rationally mineral resources.
(Power of the State)
Article 2.　The State shall have the power to grant the right to mine and obtain unmined minerals.
(Applicable Minerals)
Article 3.　"Mineral" as used in this Article and the Articles hereunder shall mean the ores of gold, silver, copper, lead, bismuth, tin, antimony, mercury, zinc, iron, sulphide, chromite, manganese, tungsten, molybdenum, arsenic, nickel, cobalt, phosphate, graphite, coal, lignite, petroleum, asphalt, inflammable natural gas, sulphur, gypsum, barite, alunite, fluorspar, asbestos, limestone, dolomite, silicastone, feldspar, pyrophyllite, talc, fire clay (meaning only such clay as possesses a fire-resisting quality of seager cone 31 or upwards;hereinafter the same) and alluvial ores (alluvial gold, iron sand, stream tin and other metal ores which are making deposits in the alluvial formation;hereinafter the same).
2　The rejected ores or the tailings of the ores mentioned in the preceding paragraph, which are stuck to land, shall be regarded as minerals.
(Mining)
Article 4.　"Mining" as used in this Law shall mean prospecting for and digging of minerals and selecting, refining and other operations ancillary thereto.
(Mining Right)
Article 5.　"Mining Right" as used in this Law shall mean the right to mine and obtain the minerals registered and other minerals lying in the same deposit as the registered minerals, in a tract of land registered (hereinafter referred to as "a mining area" ).
(Mining Lease)
Article 6.　"Mining Lease" as used in this Law shall mean the right to mine and obtain a mineral, which is the object of mining right, in other person's mining area, based on an act of establishment.
(Mining and Obtaining of Minerals)
Article 7.　No person shall mine or obtain a mined minerals unless he has the mining right;provided that the same shall not apply to the case as enumerated in each of the following items:
(1)　When inflammable natural gas is used merely for family consumption and not for profit making purposes;
(2)　When limestone, dolomite or fire clay, which is not yet the object of mining right, is used merely for family consumption and not for profit making purposes.
(Ownership of Unearthed Minerals)
Article 8.　A mining right owner or a mining lease holder shall own the minerals which are unearthed in the mining area not on the mining right or mining lease concerned and which are mentioned in Article 5, with the exception of the case mentioned in item (1) of the preceding Article.
2　The minerals which are unearthed outside the mining area shall be ownerless movable property.
(Succession to Rights and Obligations)
Article 9.　Rights and obligations of a mining right owner or a mining leaseholder under the provisions of this Law shall accompany the transfer of the mining right or the mining lease.
(Continuation of Validity of Action)
Article 10.　Proceedings and actions taken in accordance with the provisions of this Law shall be also valid for the successor of persons intending to apply for mining right or intending to become a mining leaseholder, a mining applicant (a person who has applied for the establishment of mining right;hereinafter the same), a mining right owner, a mining leaseholder, a land owner or persons concerned.
CHAPTER II Mining Right
(Kind)
Article 11.　Mining right shall be prospecting right and digging right.
(Nature)
Article 12.　Mining right shall be regarded as a real right and the provisions concerning immovable property shall apply mutatis mutandis to it, unless otherwise provided for by this Law.
Article 13.　Mining right shall not become the object of any right except for the objects of inheritance and other successions in general, transfer, disposal for arrears and distraint; provided that, digging right may become the object of mortgage and a mining lease.
(Mining Area and Its Dimensions)
Article 14.　The boundaries of mining areas shall be determined by straight lines and include only such space as is contained by walls perpendicularly descending from the above.
2　The dimensions of mining area shall not be less than 15 hectares for coal, petroleum, asphalt and inflammable natural gas;not less than 1 hectare for lime-stone, dolomite, silicastone, feldspar, pyrophyllite, talc and fire clay;and not less than 3 hectares for the other minerals;provided that the same shall not apply to alluvial ores.
3　The dimensions of mining area shall not exceed 350 hectares;provided that the same shall not apply when it is inevitable for the rational development of minerals.
(Limitation on Mining Area)
Article 15.　When the Land Coordination Commission has considered a tract of land not to be proper for mining mineral in comparison with public interest in general or agriculture, forestry or other industries, and has prohibited the establishment of mining right upon the land (hereinafter referred to as "are prohibited from mining" ) by specifying the kind of mineral, the land shall not be made a mining area, as regards the specified mineral.
Article 16.　Not more than one mining right shall be established in one area;provided that the same shall not apply to the case where a mineral lying in a different deposit is the object of mining or the case under Article 46.
2　In the case of the proviso to the preceding paragraph, the mining right owners shall have their rights restricted by each other's.
(Qualifications of Mining Right Owner)
Article 17.　No one other than the Japanese people or the Japanese juridical person shall become a mining right owner;provided that this shall not apply when otherwise provided for by Treaty.
(Period of Duration of Prospecting Right and Its Prolongation)
Article 18.　The period of duration of prospecting right shall be two years from the date of its registration.
2　The period under the preceding paragraph may, upon its expiration, be prolonged only twice (or thrice for the prospecting right for petroleum) upon application from the prospecting right owner.
3　The period to be prolonged in accordance with the provision of the preceding paragraph shall be two years each time.
4　The application under paragraph 2 shall be filed not later than three months but within six months prior to the expiration of the period of duration in accordance with the procedure as provided for by Ministerial Ordinance.
Article 19.　Upon receipt of application under paragraph 2 of the preceding Article, the Chief of Bureau of International Trade and Industry shall not permit the prolongation, unless it is evident that the applicant has conscientiously prospected and the necessity of continued digging is recognized for ascertaining the conditions of the mineral deposit.
Article 20.　In case an application has been made under Article 18 paragraph 2, the prospecting right shall be regarded as being in existence until the application is rejected or the prolongation is registered, even after the expiration of the period of duration.
(Application for Establishment)
Article 21.　A person who intends to have mining right established shall apply to the Chief of Bureau of International Trade and Industry for permission.
2　A person who intends to make application under the preceding paragraph, shall file by a first class mail with certification of time accepted, to the Chief of Bureau of International Trade and Industry, in accordance with the procedure as provided for by Ministerial Ordinance, the application in which the following matters are entered together with a field plan:
(1)　Location of the area under application;
(2)　Dimensions of the area under application;
(3)　Name of mineral looked for;
(4)　Name or firm name and address.
3　In case two or more kinds of minerals are intended to be mined, application under the provision of paragraph 1 shall be filed for each kind of mineral;provided that the same shall not apply to the case of mining two or more kinds of minerals lying in the same deposit in one area.
(Explanatory Statement of Mineral Deposit)
Article 22.　A person who intends to have the digging right established shall submit an explanatory statement of mineral deposit, describing position, lying direction, inclination, thickness and other status of the mineral deposit looked for in the area under application, at the same time of filing the application under the provision of paragraph 1 of the preceding Article.
2　The explanatory statement of mineral deposit under the preceding paragraph shall contain, in addition to the matters as mentioned in the same paragraph, a statement on the extent and nature of mining damages which may presumably be caused.
(Co-applicant for Mining)
Article 23.　In case more than one person jointly apply for the establishment of mining right (hereinafter referred to as "co-applicant for mining" ), they shall determine one of them as the representative in accordance with the procedures as provided for by Ministerial Ordinance, and report it to the Chief of Bureau of International Trade and Industry.
2　When the report under the preceding paragraph is not made, the Chief of Bureau of International Trade and Industry shall designate the representative.
3　When a representative determined in accordance with the provisions of the preceding two paragraphs is changed, the change shall not become effective until a report to that effect is submitted to the Chief of Bureau of International Trade and Industry.
4　The representative shall represent, in relation to the state, the co-applicants for mining.
5　The co-applicants shall be regarded as having concluded a partnership contract.
(Consultation with the Governor of To, Do, Fu or Prefecture)
Article 24.　The Chief of Bureau of International Trade and Industry shall consult with the governor of To, Do, Fu or prefecture concerned (as regards the land owned by the state, the administrative organ concerned) when the application for the establishment of a mining right has been made.
(Written Opinion of Land Owner)
Article 25.　If an application for digging right for such minerals lying on the upper part of the earth's crust as limestone, dolomite, fire clay, alluvial ores, etc. has been filed and it is considered that by digging such minerals the utilization of land will be damaged, the Chief of Bureau of International Trade and Industry shall notify the land owner of the district of land (excluding the land owned by the State) on which the establishment of digging right has been applied (hereinafter referred to as "land applied for digging" ) of the fact of application and give him an opportunity to submit his written opinion, giving proper period of time for the submission.
2　The Chief of Bureau of International Trade and Industry may order a person who has applied in accordance with the preceding paragraph, to submit a statement containing the name or firm name and address of the land owner related to the land applied for digging, giving reasonable period of time.
(Specifications of Installations)
Article 26.　The Chief of Bureau of International Trade and Industry may, when he deems it necessary to investigate the means to prevent mining damages, order a mining applicant to submit the specifications of the installations of business.
(Priority Right)
Article 27.　In case the districts of land on which applications have been filed for the establishment of mining right (hereinafter referred to as "land applied for mining" ) overlap, a person who tops others in the date of mailing of application, shall have priority right as regards the establishment of mining right on the overlapping portion.
2　In case the district of land on which application has been filed for the establishment of prospecting right (hereinafter referred to as "land applied for prospecting" ) and the land applied for digging overlap, and if, in this case, the dates of mailing of applications are the same, the persons who had applied for the establishment of digging right (hereinafter referred to as "a digging applicant" ) shall have priority right as regards the overlapping portion.
3　In case the land applied for prospecting or the land applied for digging overlaps has two or more applications, and if, in this case, the dates of mailing of applications are the same, the Chief of Bureau of International Trade and Industry shall hold a lot drawing in a fair and just manner to determine the owner of priority right.
(Date of Application of Digging Right)
Article 28.　In case a person who has applied for the establishment of prospecting right (hereinafter referred to as "a prospecting applicant" ) has overlappingly applied for the establishment of digging right for a mineral lying in the same deposit as that of prospecting right, it shall be considered, as regards the overlapping area, that there has been no application made for the establishment of prospecting right, but that an application for establishment of digging right has been made on the date when the application for the establishment of prospecting right has been mailed;provided that the same shall not apply to the case under paragraph 2 of the preceding Article.
2　The provision of the main clause of the preceding paragraph shall apply mutatis mutandis to the case where a digging applicant has overlappingly applied for the establishment of prospecting right for a mineral lying in the same deposit as that of digging right;provided that the same shall not apply to the case where a prospecting right owner has overlappingly applied for the establishment of digging right on his mining area and he, after the lapse of his prospecting right, has again applied for the establishment of prospecting right.
3　The provisions of the preceding two paragraphs shall not apply to any application made after the lapse of the time-limit in case the order has been given in accordance with the provision of Article 37 paragraph 1, Article 38 paragraph 1 or Article 39 paragraph 1.
(Non-permission)
Article 29.　When the land applied for prospecting overlaps, at the time of mailing of the application, a mining area of a mineral lying in the same deposit as the mineral prospected for, the Chief of Bureau of International Trade and Industry shall not permit the application as regards the overlapping portion.
Article 30.　When the land applied for digging overlaps, at the time of mailing of the application, another's mining area or his own mining area belonging to the same deposit as the mineral to be dug, the Chief of Bureau of International Trade and Industry shall not permit the application as regards the overlapping portion.
Article 31.　In case the land applied for digging overlaps, at the tiem of mailing of the application, his own prospecting area of a mineral lying in the same deposit as the mineral to be dug, the Chief of Bureau of International Trade and Industry shall not, when he finds that the overlapping portion requires further prospecting, permit the application as regards the portion concerned.
Article 32.　In case any prospecting right has extinguished before the expiration of its period of duration or in case the size of the prospecting area has diminished, if an application for the establishment of prospecting right for the mineral lying in the same deposit as the mineral which was, or is, the object of the prospecting right has been filed within 60 days from the date of the lapse of the right or the diminution of the prospecting area (in case the period for which the prospecting right should remained in effect or remains in effect does not reach 60 days, within this period), the Chief of Bureau of International Trade and Industry shall not permit the application as regards the portion corresponding to the mining area covered by the prospecting right which has extinguished or the portion corresponding to the diminished one.
Article 33.　In case the prohibition mentioned in Article 15 has been removed, if an application for the establishment of mining right has been filed for the mineral, of which the prohibition has been removed, within 30 days after the date of the removal, the Chief of Bureau of International Trade and Industry shall not permit the application as regards the portion corresponding to the area from which the prohibition has been removed.
Article 34.　In case the land applied for mining overlaps another's mining area of a mineral lying in a deposit different from that of the mineral to be mined or is contiguous to another's mining area of a mineral lying in the same deposit as the mineral to be mined, the Chief of Bureau of International Trade and Industry shall not, when he finds that digging of the mineral in the land applied for mining hampers noticeably the execution of another's mining operations, permit the application as regards the portion.
Article 35.　The Chief of Bureau of International Trade and Industry shall not, when he finds that mining has no economic value or when he finds that the mining is against the public welfare by injuring health and sanitary, destroying the facilities being used for the public or injuring the interest of agriculture, forestry or other industries, permit the application as regards the said portion.
(Increase or Decrease of Land Applied for Mining)
Article 36.　A mining applicant may apply for the increase or decrease of the land applied for mining.
2　The provisions of Article 21, Article 22 and Article 24 to Article 35 inclusive shall apply mutatis mutandis to the application made under the preceding paragraph.
(Order for Increase or Decrease of Land Applied for Digging)
Article 37.　The Chief of Bureau of International Trade and Industry may, when he finds that the position and shape of the land applied for digging differs from the position and shape of the mineral deposit and the complete development can not be achieved unless the position and shape of the land applied are changed, order the presentation of application for increase or decrease of the land applied for digging, so as to make the position and the shape of the land applied for digging correspond to the position and the shape of the mineral deposit.
2　The application for increase or decrease of land applied for digging submitted within 30 days from the receipt of the order in accordance with the order given under the provision of the preceding paragraph, shall be regarded as having been made at the date of mailing of application for the establishment of digging right;provided that this shall not apply to the portion which has been already another's mining area or for which permit has been granted on another's application for the establishment of mining right.
3　The Chief of Bureau of International Trade and Industry shall not permit the application for the establishment of digging right, when the digging applicant fails to apply for increase or decrease of the land area applied for digging within 30 days from the date of the receipt of the order given under the provision of paragraph 1.
(Order for Change in Application)
Article 38.　The Chief of Bureau of International Trade and Industry may order the presentation of application for establishment of digging right, when the existence of a mineral in the land applied for prospecting is evident and if, in this case, he finds that the land applied for prospecting is suitable for the establishment of a digging right in view of the quantity, quality, etc. of the mineral.
2　The Chief of Bureau of International Trade and Industry shall not permit the application for the establishment of prospecting right when a prospecting applicant fails to apply for the establishment of digging right within 30 days from the date of receipt of the order given under the provision of preceding paragraph.
Article 39.　The Chief of Bureau of International Trade and Industry may order the presentation of application for the establishment of prospecting right when he finds that the existence of a mineral in the land applied for digging is not evident and the land requires prospecting in advance.
2　The Chief of Bureau of International Trade and Industry shall not permit the application for the establishment of digging right, when a digging applicant fails to apply for the establishment of prospecting right within 30 days from the date of receipt of the order given under the provision of the preceding paragraph.
(Proceeding of Order)
Article 40.　The Chief of Bureau of International Trade and Industry, shall when he intends to give an order under the provisions of Article 37 paragraph 1, Article 38 paragraph 1 or paragraph 1 of the preceding Article, hold a public hearing, requesting beforehand the presence of the mining applicant concerned.
2　The Chief of Bureau of International Trade and Industry shall, when he intends to hold the hearing under the preceding paragraph, notify the mining applicant concerned the purport of the case and the date and the place of the hearing, and make public the same, not later than 1 week prior to the date.
3　In the hearing, the mining applicant and the persons interested shall be given an opportunity to present evidences and opinions concerning the case.
(Change in Name of Mining Applicant)
Article 41.　The name of a mining applicant may be changed.
Article 42.　The change in the name of a mining applicant shall not become effective, unless such change is reported to the Chief of the Bureau of International Trade and Industry, in accordance with the procedure prescribed by the relative Ministerial Ordinance, except in case of inheritance or succession in general, or withdrawal of co-applicant for mining right because of such co-applicant's death.
2　If the name of a mining applicant has been changed through inheritance or succession in general or through the withdrawal of a co-applicant for mining right because of his death, an immediate report shall be made to the Chief of the Bureau of International Trade and Industry in accordance with the procedure prescribed by Ministerial Ordinance.
(Loss of Validity of Permission)
Article 43.　When a mining applicant fails to pay registration tax in accordance with the procedure prescribed by Ministerial Ordinance within 30 days from the date of receipt of notice of permission of application for the establishment of mining right, the permission shall lose its validity.
(Co-owner of Mining Right)
Article 44.　The persons who have jointly obtained a mining right (hereinafter referred to as "co-owner of mining right" ), shall determine one of them as the representative in accordance with the procedure stipulated by Ministerial Ordinance and report it to the Chief of Bureau of International Trade and Industry.
2　The Chief of Bureau of International Trade and Industry shall designate the representative when no report has been made under the provision of the preceding paragraph.
3　The change of the representative under the preceding two paragraphs shall not become effective unless it has been reported to the Chief of Bureau of International Trade and Industry.
4　The representative shall represent, in relation to the State, co-owner of mining right.
5　Co-owners of the mining right shall be regarded as having coucluded a partnership contract.
(Increase or Decrease of Mining Area)
Article 45.　A mining rigot owner may apply for the increase or decrease of mining area.
2　In case mortgage is established on a digging right, the digging right owner shall not apply for the decrease in mining area unless a consent has been obtained from the mortgage in advance.
3　The provisions of Article 21, Article 22, Article 24 to Article 35 inclusive and Article 43 shall apply mutatis mutandis to the application under paragraph 1.
(Increase in Mining Area for Digging Ahead)
Article 46.　In case a digging area is contiguous to another's mining area for a mineral lying in the deposit of the same mineral as the mineral prospected for, and when, in this case, the complete development of the mineral deposit can not be achieved without digging ahead into the contiguous mining area, due to the position or shape of the mineral deposit, the digging right owner may apply for an increase in his mining area, specifying the mineral deposit, upon obtaining a consent from the mining right owner of the contiguous mining area and his mortgagee. In this case, the mining right owner and the mortgagee shall not refuse the consent unless they have due and proper reason.
2　The provisions of Article 22 paragraph 2 and Article 24 to Article 35 inclusive shall not apply to the application under the preceding paragraph, regardless of the provisions of paragraph 3 of the preceding Article.
Article 47.　A digging right owner may apply to the Chief of International Trade and Industry for a decision, when he can not obtain the consent under paragraph 1 of the preceding Article.
2　The Chief of Bureau of International Trade and Industry shall, upon receiving the application for the decision under the provision of the preceding paragraph, deliver copies of the application to the mining right owners of the contiguous mining areas and the mortgagee and, hold a public hearing, requesting the presence of the persons concerned.
3　The Chief of Bureau of International Trade and Industry shall, when he intends to hold the hearing under the preceding paragraph, notify the persons concerned of the gist of case, the date and the place of the hearing and make public the same, not later than 1 week prior to the date.
4　In the hearing, the persons concerned and the persons interested shall be given an opportunity to present evidences and opinions concerning the case.
5　The Chief of Bureau of International Trade and Industry shall, upon making decision under paragraph 1, deliver the copies of the decision to the persons concerned.
6　When the decision under the preceding paragraph is made, it shall be considered that the consent of the mining right owner of the contiguous mining area and the mortgagee has been obtained.
(Order for Increase or Decrease of Mining Area)
Article 48.　The Chief of Bureau of International Trade and Industry may, when he finds that the position and the shape of digging area differ from the position and the shape of the mineral deposit and the complete development can not be achieved unless the position and the shape of the mining area are changed, order the presentation of the application for increase or decrease of the mining area so as to make the position and the shape of the mining area correspond to the position and the shape of the mineral deposit.
2　The previsions of Article 37 paragraph 2 and Article 40 shall apply mutatis mutandis to the case of the preceding paragraph.
(Order for Application for Digging Rights)
Article 49.　The Chief of Bureau of International Trade and Industry may order a presentation of application for establishment of digging right, when the existence of a mineral in the prospecting area is evident and, if, in this case, he finds that the prospecting area is suitable for the establishment of a digging right in view of the quantity, quality, etc. of the mineral.
2　The provisions of Article 40 shall apply mutatis mutandis to the order under the provision of the preceding paragraph.
(Partition and Amalgamation of Mining Area)
Article 50.　A digging right owner may apply for the partition of the mining area or the amalgamation of mining areas of minerals lying in the same mineral deposit.
2　A digging right owner may file an application to divide the mining area and amalgamate it with another mining area of a mineral lying in the same deposit, or an application to separate the respective parts of more than two mining areas of minerals lying in the same deposit and amalgamate them into one mining area.
3　The provisions of Article 21 and Article 43 shall apply mutatis mutandis to the application filed under the preceding two paragraphs.
Article 51.　In reference to digging right on which mortgage is established, the owner of the digging right shall be precluded from filing the application under paragraph 1 or 2 of the preceding Article, unless he has in advance obtained a consent from the mortgagee and concluded an agreement as to the priority order of mortgages.
(Disposition of Cancellation, Etc.)
Article 52.　The Chief of Bureau of International Trade and Industry shall, when he has granted permission by errors to the application for the establishment of mining right, the increase or decrease or in partition or amalgamation of a mining area, make the disposition of cancellation or alteration to correct the errors.
Article 53.　The Chief of Bureau of International Trade and Industry shall, when he finds that the digging of mineral has become noticeably injurious to the public welfare, by injuring health and sanitation, destroying the facilities being used for the public or injuring the interests of agriculture, forestry or other industries, make the disposition of reduction of the part of mining area in question or cancel the mining right.
Article 54.　The Chief of Bureau of International Trade and Industry may, in case the digging of mineral has come to remarkably interfere with another's mining operatiens and in case he finds that there is no other means to exclude the interference, make the disposition of reduction of the part of the mining area in question or cancel the mining right.
Article 55.　The Chief of Bureau of International Trade and Industry may cancel mining right when a mining right owner comes under any of the following items:
(1)　When he has not started operations in violation of the provision ef Article 62 paragraph 1 or 2, or he has suspended operations continuously more than 1 year in violation of the provision of paragraph 3 of the same Article;
(2)　When he has conducted mining operations not on the basis of the operation plan;
(3)　When the mining of mineral is not conducted according to the special digging program in the case of Article 23 paragraph 1 of the Mine Safety Law (Law No.70 of 1949);
(4)　When he fails to obey the order under the provision of Article 48 paragraph 1 or Article 49 paragraph 1;
(5)　When he fails to obey the order under the provision of Article 120;
(6)　When he fails to obey the order under the provision of Article 22 paragraph 2 or Article 24 of the Mine Safety Law.
Article 56.　The provisions of Article 40 shall apply mutatis mutandis to the disposition of reduction of mining area or the cancellation of a mining right under the provisions of Article 53, Article 54 or items (1) to (3) inclusive or item (5) of the preceding Article.
(Cancellation of Digging Right, and Mortgage)
Article 57.　In case an extinction by dint of a cancellation of digging right has been registered, the Chief of Bureau of International Trade and Industry shall immediately notify the mortgagee to that effect.
2　A mortgagee may claim a sale at auction of a digging right within 30 days from the date of the arrival of the notification under the preceding paragraph;provided that this shall not apply to the case of cancellation of digging right under the provisions of Articles 52 to 54 inclusive.
3　Digging right shall within the limit of purpose of auction, be regarded as remaining in effect within the period mentioned in the preceding paragraph or until the day of the completion of proceedings of auction.
4　When the decision to permit the purchase at auction has been consolidated, the cancellation of digging right shall be regarded as having not gone into effect.
5　The proceeds from the sale at auction shall be used to meet the expenses of the auction and the payment of debts to the mortgagee and the remaining sum shall belong to the national treasury.
(Abandonment of Digging Right, and Mortgage)
Article 58.　The provisions of the preceding Article shall apply mutatis mutandis in the case where the Chief of Bureau of International Trade and Industry has registered the extinction by dint of the abandonment of mining right.
(Registration)
Article 59.　The following matters shall be registered in the mining register:
(1)　Establishment, change, extension of period of duration, transfer, extinction and limitation on disposal, of mining right;
(2)　Secession of co-owners of mining right;
(3)　Establishment, change, transfer, extinction, and limitation on disposal, of mortgage on digging right.
2　The registration under the preceding paragraph shall replace the entry of immovable property.
3　The regulation concerning the registration shall be stipulated by Cabinet Order.
(Effect of Registration)
Article 60.　All the matters mentioned in paragraph 1 of the preceding Article shall not become effective unless they are registered, except in cases of inheritance and other successions in general, secession of co-owner of mining right by dint of death, extinction of mortgage by dint of mining or by dint of extinction of credit mortgaged and extinction of mining right by dint of expiration of period of duration.
(Change in Description)
Article 61.　The Chief of Bureau of International Trade and Industry shall, when he has found a discrepancy between the fact and the description in the map of mining area of the name, location, the land classification, the boundary or dimensions, of a mining area, correct the map of mining area and register the change for the said mining right, and then notify the mining right owner of the matter.
(Obligation to Start Operation)
Article 62.　A mining right owner shall start operations within 6 months from the date of the registration of establishment or transfer of mining right.
2　A mining right owner shall, when he is unable to start operations within the period mentioned in the preceding paragraph due to the reason beyond his control apply for permission of the Chief of Bureau of International Trade and Industry, specifying the period and stating the reason.
3　A mining right owner shall, when he intends to suspend operations more than 1 year without intermission, apply for permission of the Chief of Bureau of Intern ational Trade and Industry, specifying the period and stating the reason.
4　A mining right owner shall, when he has started the operations which was suspended with the permission under the preceding paragraph, report to the Chief of Bureau of International Trade and Industry to that effect without delay.
(Operation Plan)
Article 63.　A prospecting right owner shall decide the operation plan and report it to the Chief of Bureau of International Trade and Industry in accordance with the procedure stipulated by Ministerial Ordinance, prior to the start of operation. The same shall apply in the case where the plan is revised.
2　A digging right owner shall decide the operation plan and submit it to the Chief of Bureau of International Trade and Industry for approval in accordance with the procedure stipulated by Ministerial Ordinance, prior to the start of operation. The same shall apply in the case where the plan is revised.
3　The Chief of Bureau of International Trade and Industry shall cansult, in advance, with the Chief of Mine Safety Supervision Division to give approval under the preceding paragraph.
4　A mining right owner shall not conduct mining operations, unless in conformity with the operation plan, reported in accordance with the provision of paragraph 1 or approved in accordance with the provision of paragraph 2.
(Limitation on Digging)
Article 64.　The consent of a competent government office or a custodian shall be obtained, except in cases where permission or approval has been given in accordance with the provisions of other laws and ordinances, in order to mine mineral in places within 50 meters in every direction, both on the surface and in the interior of the earth, from railways, tracks, roads, waterways, canals, harbors, bays, rivers, lakes, swamps, ponds, bridges, river banks, dams, irrigation or drain facilities, parks, graveyards, schools, hospitals, libraries or other facilities and buildings being used for the public in general;provided that the said competent government office or the said custodian may not refuse to give such consent without due and proper reason.
(Mining Operation in Overlapping Mining Area)
Article 65.　A digging right owner, who has overlappingly applied for extension of his mining area into the contiguous mining area in accordance with the provision of Article 46 paragraph 1 and has had it registered, shall not dig ahead into mineral deposits other than the deposit determined wiih the consent under the same paragraph, in the overlapping portion;provided that this shall not apply after the extinction of the mining right of the contiguous mining area.
Article 66.　In case the mining areas of minerals lying in different mineral deposits overlap, a person whose date of registration of establishment of mining right, or registration of change by dint of increase in mining area, in the overlapping portion is later than others, shall not mine minerals in the portion, unless he obtains consent from those whose date of registration is earlier;provided that those whose date of registration of establishment of mining right or registration of change by dint of increase in mining areas is earlier, shall not refuse to give consent, unless they have due and proper reason.
2　In case the mining areas of minerals lying in different mineral deposits overlap, a mining right owner whose date of registration of establishment of mining right or registration of change by dint of increase in mining area in the overlapping portion is identical with the date of other mining right owners, shall not mine minerals in the portion, unless he consults with other mining right owners and an agreement is reached among them.
3　When a prospecting right owner has overlappingly applied for the establishment of digging right for a mineral lying in the same mineral deposit as that of the prospecting area, during the period of duration of the prospecting right, and has obtained permit therefor, it shall be regarded with respect to the application of the provisions of the preceding two paragraphs that the registration of establishment of digging right or the registration of change by dint of increase in digging area has been made, with regard to the overlapping portion alone, at the date of the registration of establishmcnt of prospecting right or the registration of change by dint of increase in prospecting area.
4　A mining right owner may apply for the decision to the Chief of Bureau of International Trade and Indnstry, when he can not obtain consent under paragraph 1, or he can not hold consultation under the provision of paragraph 2, or an agreement can not be reached by the consultation.
5　The provisions of Article 47 paragraphs 2 to 6 inclusive shall apply mutatis mutandis to the decision made under the preceding paragraph.
(Change in Name of Mineral)
Article 67.　A mining right owner shall, when he intends to mine other minerals than the registered mineral lying in the same deposit as the registered mineral, report to the Chief of Bureau of International Trade and Industry with the statement of explanation attached and shall receive confirmation of the existence of the minerals.
(Mining Office)
Article 68.　A mining right owner shall, when he has started operations, establish a mining office at the location of mining area or in its neighborhood and report its site and the date of start of operations to the Chief of Bureau of International Trade and Industry without delay.
(Table of Progress of Prospecting Work)
Article 69.　A prospecting right owner shall draw up the table of progress of prospecting work and keep it at the mining office in accordance with the procedure stipulated by Ministerial Ordinance.
(Map of Survey of Interior of Pit and Mining Book)
Article 70.　A digging right owner shall draw up the map of survey of the interior of pits and the mining book, and keep them at the mining office in accordance with the procedure stipulated by Ministerial Ordinance.
CHAPTER III Mining Lease
(Nature)
Article 71.　Mining lease shall be regarded as real right and the provisions concerning the immovable property shall apply mutatis mutandis, to it, unless otherwise provided for by this Law.
Article 72.　Mining lease shall not become the object of any right except for object of inheritance or other successions in general.
(Area of Mining Lease)
Article 73.　The boundaries of area of mining lease (hereinafter referred to as "area of mining lease" ) shall be determined by straight lines and include only such as it contained by walls perpendicularly descending from the said surface boundary lines.
(Establishment)
Article 74.　Mining lease may be established with a specific mineral deposits as its object.
Article 75.　Not more than one mining lease shall be established in one area in one mining area;provided that this shall not apply to the case of the preceding Article.
(Period of Duration and its Extension)
Article 76.　The period of duration of mining lease shall not exceed 5 years from the date of registration.
2　The period under the preceding paragraph may be extended upon its expiration.
3　The period to be extended in accordance with the preceding paragraph may not exceed 5 years.
4　A mining leaseholder and a mining right owner shall apply to the Chief of Bureau of International Trade and Industry for approval, with written contract attached in accordance with the procedure stipulated by Ministerial Ordinance, when they intend to extend the period of duration in accordance with the provision of paragraph 2.
(Application for Establishment)
Article 77.　A person who intends to become a mining leaseholder and the digging right owner shall, when they intend to have a mining lease established, submit for approval, in accordance with the procedure stipulated by Ministerial Ordinance, to the Chief of Bureau of International Trade and Industry with the map of area, the statement giving reason for the necessity of establishing mining lease and the written contract concerning its establishment attached to the application describing the following matters:
(1)　Location of the area applied;
(2)　Dimensions of the area applied;
(3)　Name of mineral to be mined;
(4)　Registration number of digging right;
(5)　Mineral deposit, when specified;
(6)　Period of duration;
(7)　When fee is to be paid, the amount of fee, time and means of its payment;
(8)　Name or firm name and address.
2　When mining lease is intended to be established for a specific mineral deposit, the map of mineral deposit and its explanatory statement shall be attached to the application, in addition to the documents mentioned in the preceding paragraph.
3　The Chief of Bureau of International Trade and Industry shall not grant permit to the application under the provision of paragraph 1, unless he deems it necessary to mine the remaining minerals or in other way to execute economic exploitation of minerals in a part of mining area.
4　In case the person intending to become a mining leaseholder has not paid the registration tax according to the procedure stipulated by Ministerial Ordinance within 30 days after he has received the notice of permission for the establishment of mining lease, the permission shall lose its validity.
(Increase and Decrease of Area of Mining Lease)
Article 78.　A mining leaseholder and a digging right owner may increase or decrease the area of mining lease.
2　The provisions of the preceding Article shall apply mutatis mutandis to increase or decrease of the area of mining lease.
(Continuation of Validity of Acts)
Article 79.　When mining lease is established or increase is made in the area of mining lease, the proceedings and other acts taken by a digging right owner in accordance with the provisions of this Law shall have its effect, within the limit of the mining lease, with the person who has become the mining leaseholder.
2　When mining lease is extinguished or decrease is made in the area of mining lease, the proceedings and other acts taken by a leaseholder in accordance with the provisions of this Law shall have its effect, within the limit of digging right, with the digging right owner;provided that this shall not apply to the case of extinction of mining lease by dint of extinction of digging right.
(Change in Digging Right, and Mining Lease)
Article 80.　A digging right owner shall obtain consent of a mining leaseholder in advance, when he intends to apply for decrease or partition of mining area in regard to the area of mining lease. The same shall apply to the case where he intends to abandon the digging right, in case mining lease is established on mining right.
(Request for Extinction)
Article 81.　When a mining leaseholder is obligated to pay the fee of mining lease but its payment falls into arrears, the digging right owner may press for its fulfilment specifying a period not less than 3 months, and may request the extinction of mining lease, if it is not fulfilled within the specified period.
(Abandonment)
Article 82.　A mining leaseholder may not abandon his mining lease unless he gives a notice 6 months in advance or he pays 6 months fee of mining lease which is not yet due, in case he is obligated to pay the fee of mining lease;provided that this shall not apply to the case where he has become unable to attain his object for which he established his mining lease, by dint of natural disasters and other unavoidable reasons.
(Cancellation)
Article 83.　The Chief of Bureau of International Trade and Industry may cancel mining lease when a mining leaseholder comes under any of the following items:
(1)　When he fails to start operations or when he has suspended operations continuously more than 6 months in violation of the provisions of Article 86;
(2)　When he has conducted mining operations not on the basis of the operation plan;
(3)　When the mining of mineral is not conducted according to the special digging program under the case of Article 23 paragraph 1 of the Mine Safety Law;
(4)　When he fails to obey the order under the provision of Article 120;
(5)　When he fails to obey the order under Article 22 paragraph 2 or Article 24 of the Mine Safety Law.
2　The provisions of Article 40 shall apply mutatis mutandis to the cancellation of mining lease under the provisions of items (1) to (4) inclusive of the preceding paragraph.
(Registration)
Article 84.　Establishment, change, extension of period of duration, transfer by dint of inheritance or other successions in general and extinction, of mining lease shall be registered in the mining book.
2　The registration provided for in the preceding paragraph shall replace the entry of immovable property.
3　The regulation concerning the registration shall be stipulated by Cabinet Order.
(Effect of Registration)
Article 85.　The matters mentioned in paragraph 1 of the preceding Article shall not become effective unless they are registered, except for the case of inheritance and other successions in general, change in mining lease by dint of decrease in digging area and extinction of mining lease by dint of extinction of digging right, by dint of decrease in digging area, by dint of expiration of period of duration or by dint of mixing.
(Obligation to Start Operation)
Article 86.　A mining leaseholder shall start operations within 6 months from the date of registration of establishment or transfer of mining lease.
2　A mining leaseholder shall not suspend his operations more than 6 months without intermission.
(Application Mutatis Mutandis)
Article 87.　The provisions of Article 17, Article 20, Article 23 paragraphs (1) to (4) inclusive, Article 26, Article 44 paragraphs (1) to (4) inclusive, Articles 52 to 54 inclusive, Article 56, Article 61, Article 63 paragraphs 2 to 4 inclusive, Article 64, Article 68, and Article 70 shall apply mutatis mutandis to the mining lease and the mining operations of a mining leaseholder.
CHAPTER IV Recommedations and Consultations
(Exchange or Sale of Mining Right)
Article 88.　The Chief of Bureau of International Trade and Industry may, when he finds that the mineral deposit could be economically and efficiently developed and the public interest is promoted by causing exchange or sale of mining rights in the land area where the mining areas of the minerals lying in the same kind of mineral deposits are complicated, recommend the mining right owners concerned to exchange or sell the mining rights.
(Increase or Decrease of Mining Area)
Article 89.　The Chief of Bureau of International Trade and Industry may, when the position and the shape of a mining area differs from the position and the shape of a mineral deposit in the case where the digging areas of minerals lying in the same kind of mineral deposits area contiguous, and if, in this case, he finds that the position and shape of the mining area differ from those of the mineral deposit and that complete development of the mineral deposit is impossible unless the position and the shape of the mining area are changed, recommend the digging right owners concerned to confer on the matter of submitting applications for the increase or the decrease of the mining areas of each other so as to make the position and the shape of the mining area correspond to the position and the shape of the mineral deposit.
2　A digging right owner may, when the position and the shape of mining area differs from the position and the shape of a mineral deposit in the case where the digging areas of minerals lying in the same kind of mineral deposits are contiguous, and if, in this case, the complete development of the mineral deposit is impossible unless the position and the shape of the mining area are changed, consult with other digging right owner concerned on the matter of submitting applications for the increase or the decrease of the mining areas of each other so as to make the position and the shape of the mining area correspond to the position and the shape of the mineral deposit.
3　The provisions of Article 22 and Articles 24 to 25 inclusive shall not apply to the application based on the conference under the provisions of the preceding two paragraphs, regardless of the provision of Article 45 paragraph 3.
4　The application based on the conference under the provision of paragraph 1 or paragraph 2 shall be made by the persons concerned under the joint signature.
(Application for Decision)
Article 90.　The persons concerned may apply for decision of the Chief of Bureau of International Trade and Industry in accordance with the procedure stipulated by Ministerial Ordinance, when they can not hold consultation or they can not reach an agreement by consultation under the provision of paragraph 1 or paragraph 2 of the preceding Article.
(Hearing)
Article 91.　The Chief of Bureau of International Trade and Industry shall, upon receiving application under the provisions of the preceding Article, deliver the copies of the application to the digging right owners concerned as well as the mortgagee of the said digging right and the mining leaseholders concerned and hold a public hearing, requesting the presence of the persons concerned.
2　The Chief of Bureau of International Trade and Industry shall, when he intends to hold the hearing under the preceding paragraph, notify the persons concerned of the gist of the case, the date and the place of the hearing and make public the same, not later than one week prior to the date.
3　In the hearing, the persons concerned and the persons interested shall be given an opportunity to present evidences and opinions concerning the case.
(Prohibition of Disposition)
Article 92.　When application for decision under the provision of Article 90 has been filed, a digging right owner shall not transfer or change his digging right until a decision to reject the application is made or until the decision loses its validity in accordance with the provision of Article 99 or until change of mining right is registered on the basis of the decision.
(Decision)
Article 93.　The Chief of Bureau of International Trade and Industry shall make the decision on increase or decrease of mining areas between each other, specifying the following matters:
(1)　Location of the mining area in question;
(2)　Registration number of the digging right in question;
(3)　Content of change of digging right;
(4)　Compensations and the time and means of its payment.
(Method of Decision)
Article 94.　The decision under the preceding Article shall be made in writing and the reasons therefor shall be stated therein.
2　The Chief of Bureau of International Trade and Industry shall, when he has made the decision under the preceding Article, deliver the copies of decision to the persons concerned.
(Effect of Decision)
Article 95.　When decision under Article 93 has been made, it shall be considered that an agreement has been reached by the persons concerned on the matter of increase or decrease of mining areas between each other.
2　When it has been considered that an agreement was reached, in accordance with the provision of the preceding paragraph, either of the persons concerned may apply separately for increase or decrease of mining areas between each other regardless of the provision of Article 89 paragraph 4.
(Increase or Decrease of Mining Area, and Mining Lease)
Article 96.　When decrease of mining area has been registered on the portion, on which mining lease has been established, of a digging area on the basis of the decision under Article 93, the mining lease shall be regarded as continuing to exist on the digging right of which mining area has been increased, within the limit of the area of mining lease which has been reduced by dint of decrease in mining area.
2　The Chief of Bureau of International Trade and Industry shall, when he makes decision on increase or decrease of mining areas between each other under Article 93, and if, in this case, mining lease comes to exist on more than one digging right, determine in the decision the rate of charge of mining lease to be paid to the respective digging right owners by a mining leaseholder.
(Lawsuit of Dissatisfaction with Compensation)
Article 97.　A person who is dissatisfied with the compensations in the decision under Article 93, may request for increase or decrease of the amount of compensations, by a lawsuit, within 30 days from the date of receipt of the copies of decision.
2　In the suit under the preceding paragraph, the defendant shall be the person who has applied for decision under the provision of Article 90 or the digging right owner concerned.
(Deposit of Compensations)
Article 98.　A person who is obligated to pay compensations shall deposit the compensations in the following cases:
(1)　When a person who is to receive the compensations has refused its receipt or is unable to receive them;
(2)　When a lawsuit of dissatisfaction has been brought about the decision of compensations;
(3)　When mortgage has been established on the digging right in question;provided that this shall not apply when consent of mortgagee has been obtained.
2　In the case of item (3) of the preceding paragraph, the mortgagee may exercise his right upon the deposit, too.
(Loss of Validity of Decision)
Article 99.　When the person who is obligated to pay compensations, fails to pay or deposit all of the compensations by the time-limit determined in the decision under Article 93, the decision shall lose its validity.
(Change in Operation Plan)
Article 100.　The Chief of Bureau of International Trade and Industry may, when he finds that the complete development of a mineral in the mining area or the area of the mining lease is impossible unless the operation plan of the digging right owner or the mining leaseholder is changed, recommend a mining right owner or a mining leaseholder to change the operation plan.
2　The Chief of Bureau of International Trade and Industry may, when a digging right owner or a mining leaseholder fails to change the operation plan within 60 days from the day of receipt of the recommendations under the provision of the preceding paragraph, order him to change the operation plan.
3　The provisions of Article 40 shall apply mutatis mutandis to the order under the provision of the preceding paragraph.
4　The Chief of Bureau of International Trade and Industry shall consult with the Chief of Mine Safety Inspection Division in order to give recommendations under the provision of paragraph 1, or order under the provision of paragraph 2.
CHAPTER V Use and Expropriation of Land
(Entrance into Another Person's Land)
Article 101.　A person who intends to apply for establishment of mining right, a person who intends to become a mining leaseholder, a mining right applicant, a mining right owner or a mining leaseholder may, when necessary for the survey or spot investigation relative to mining, enter into another person's land or cut bamboos and trees which constitute obstacles, upon applying for and obtaining permission of the Chief of Bureau of International Trade and Industry.
2　The Chief of Bureau of International Trade and Industry shall, upon receiving the application for the permission under the preceding paragraph, notify the owner and occupant of the land or the owner of bamboos and trees to that effect and give them an opportunity to submit an opinion in writing.
3　A person who has obtained permission under paragraph 1, shall notify the occupant of the land and the owner of the bamboos and trees in advance, when he enters into another person's land or cuts bamboos and trees.
Article 102.　A person who intends to enter into another person's land or cut bamboos and trees in accordance with the provision of the preceding paragraph, shall carry with him a certificate proving that the permission has been obtained from the Chief of Bureau of International Trade and Industry, and present is upon request from the occupant of the land or the owner of bamboos and trees.
Article 103.　A person who has entered into another person's land or has cut bamboos and trees in accordance with the provision of Article 101, shall compensate for the damages arising therefrom.
(Purpose of Use)
Article 104.　A mining right owner or a mining leaseholder may, when it is necessary and appropriate to utilize another person's land in his mining area or in his area of mining lease or in its neighborhood for the following purposes and if, in this case, it is extremely difficult to replace and said land with other lands, use the said land:
(1)　Digging of pits and wells;
(2)　Digging of minerals in an open mine;
(3)　Establishment or installations necessary for prospecting or digging of minerals;
(4)　Construction of storage or dumping ground of pitprops, explosives, fuels, carbide or other essential materials, minerals, earth, stone, tailings or ashes;
(5)　Construction of installations for selecting or refining or smeltering;
(6)　Construction of railways, tracks, cableways, pipeline for conveying petroleum or inflammable natural gas, roads, canals, harbors, waterways, drains, ponds, wells or electric facilities;
(7)　Construction of installations necessary for the prevention or recovery of mining damages;
(8)　Construction of offices for mining operations, housing of workers engaged in mining or welfare and sanitary installations.
(Purpose of Expropriation)
Article 105.　A digging right owner may, in case as a result of his use of another person's land for the following purposes at his mining area or in its neighborhood, the shape and nature of the land has been changed and the recovery of the land to status quo ante has become extremely difficult, and when, in this case, it is still necessary and appropriate to utilize the land for the said purposes and it is extremely difficult to replace it with other lands, expropriate another person's land:
(1)　Digging of pits or wells;
(2)　Construction of dumping grounds of earth, stone or tailings;
(3)　Construction of facilities for selecting or refining or smeltering;
(4)　Construction or railways, tracks, cableways, roads, canals, harbors, bays, waterways, drains, ponds or wells.
(Permission and Public Notice)
Article 106.　In case the mining right owner or the mining leaseholder intends to use or expropriate other's land according to the provisions of the preceding two Articles, he shall obtain a permission by filing an application with the Chief of Bureau of International Trade and Industry according to the procedure stipulated by Ministerial Ordinance.
2　The Chief of Bureau of International Trade and Industry, upon receiving the application under the preceding paragraph, shall consult with the governor of To, Do, Fu or prefecture concerned and at the same time hold a hearing by requesting the presence of the mining right owner or mining leaseholder as well as the owner of the land and the persons who have rights on the land.
3　The Chief of Bureau of International Trade and Industry shall, when he intends to hold the hearing under the preceding paragraph, notify the person concerned the gist of the case, the date and place of the hearing and make public the same, not later than 1 week prior to the date.
4　In the hearing, the person concerned shall be given an opportunity to present evidences and opinions concerning the case.
5　The Chief of Bureau of International Trade and Industry shall, when he has given the permission under paragraph 1, report the following items:
(1)　Name and address of individual or firm intending to use or expropriate a land;
(2)　Purpose of the use or expropriation;
(3)　Location and area of the land to be used or expropriated.
(Application of the Land Expropriation Law)
Article 107.　The provisions of the Land Expropriation Law (Law No.29 of 1900) shall apply mutatis mutandis to the use or expropriation of land under the provision of Article 104 or Article 105 unless otherwise stipulated by this Law.
2　When there has been a permission or public notice provided for in paragraph 1 or 5 of the preceding Article for the use or expropriation of land under the provision of Article 104 or Article 105, such shall be regarded as being permitted or made public under the provisions of Article 12 or Article 14 of the Land Expropriation Law.
(Use of Water)
Article 108.　The provisions concerning the use and expropriation of land shall apply mutatis mutandis to the right concerning the use of water.
CHAPTER VI Compensation for Mining Damages
Section 1 Obligation of Compensation
(Obligation of Compensation)
Article 109.　When damages have been sustained by other persons by digging of ground, discharging of mine water or used water, accumulation of abandoned stones and mineral tailings or discharging of mining smoke, the mining right owner of the mining area concerned at the time of occurrence of the damages (in case mining lease is established on the mining area concerned, the mining leaseholder as regards the area of mining lease) or, in case the mining right had been extinguished at the time of occurrence of the damages the mining right owner of mining area concerned at the time of extinction of the mining right (in case mining lease had been established on the mining right concerned at the time of extinction of the mining right, the mining leaseholder as regards the area of the mining lease) shall be responsible for the compensation for the damages.
2　In the case of preceding paragraph, if the damages had been caused by the operations of the mining right owners of two or more mining areas or of the mining leaseholders of more than two areas of mining lease, the mining right owners or the mining leaseholders shall be responsible jointly for the compensation of the damages. The same shall apply to the case where it can not be ascertained which of the mining right owners of more than two mining areas or which of the mining leaseholders of more than two areas of mining lease has caused the damages in his operation.
3　In the cases of the preceding two paragraphs, when mining right has been transferred after the occurrence of the damages, the mining owner at the time of the occurrence of the damages and the mining right owner after that time on, and when mining lease has been established after the occurrence of the damages, the mining right owner at the time of occurrence of the damages, and the person who has become the mining leaseholder after the occurrence of the damages, shall be responsible jointly for the compensation of the damages.
4　In case a mining leaseholder is to compensate for damages in accordance with the provision of paragraph 1 or 2, the mining right owner in the mining area where the mining lease has been established at the time of the occurence of the damages, as well as the subsequent mining right owner, or, if the mining right has been extinguished before the occurrence of the damages, the mining right owner at the time of the extinction of the mining right shall be under joint obligation with the said leaseholder to make such compensation.
5　In regard to the compensation under the provisions of the preceding four paragraphs, the liability of the co-owner of mining right or the co-holder (meaning joint holder of mining lease) of mining lease shall be joint.
(Portion to be Borne and Recourse)
Article 110.　Among the joint obligors under the provision of paragraph 2 of the preceding Article, the portion to be borne by each obligor shall be presumed to be equal.
2　If, in the case of paragraph 3 of the preceding Article, a person, who has obtained by transfer the mining right or has become a mining leaseholder after the occurrence of the demages, has fulfilled the obligation of compensation, he may demand reimbursement from the person who is responsible for the compensation of the damages under the provision of paragraph 1 or 2 of the same Article. The same shall apply to the case of paragraph 4 of the same Article, if a mining right owner has fulfilled the obligation of compensation.
(Compensation)
Article 111.　The damage shall be fairly and properly compensated.
2　The eompensations for damage shall be made in money;provided that the sufferer may request the recovery to the status quo ante, when the status quo ante can be recovered without expending extermely great amount of money in comparison with the amount of compensations.
3　When a pleading has been made by the obligor of the compensation and has been found to be proper by the court, compensation by recovery to the status quo ante may be ordered by the court in place of compensation by money, regardless of the provision of the preceding paragraph.
(Standards concerning Compensation)
Article 112.　In order to contribute to the prevention and solution of disputes concerning the compensation of damages the Chief of Bureau of International Trade and Industry may, after consulting witn the Local Mining Damage Compensation Standards Council, draw up fair and appropriate general standards for the limits and methods of compensation of damages and make them public.
2　The standards mentioned in the preceding paragraph shall not be binding upon anyone.
(Consideration for Compensation)
Article 113.　When there has been a case attributable to the sufferer in the occurrence of the damage, the court may take it into consideration in determining the responsibility and the extent of compensation of demages. The same shall apply when natural disaster and other force beyond human control has concurred.
(Pre-Arrangement of Compensation of Damage)
Article 114.　In case the amount of compensation for damage has been pre-arranged but the amount is extremely unreasonable, the persons concerned may request its increase or decrease.
2　When cases and content of the damage to be compensated as well as the extent and the amount of compensation has been registered in accordance with the provisions of Cabinet Order the payment of compensation pre-arranged in regard to the damage on the land or the building shall also have its effect upon the person who has obtained the right relative to the land or the building concerned after wards.
(Extinctive Prescription)
Article 115.　The right to request compensation of damage shall be extinguished by prescription, in case the sufferer does not perform the right for three years from the time when he knew the damage and the obligor or the compensation. The same shall apply when 20 years have passed since the time of occurrence of the damage.
2　The period under the preceding paragraph shall be counted from the time when the damage has ceased if the damage is in motion.
(Exception to Application)
Article 116.　The provisions of this Chapter shall not apply to the injury, disease and death sustained in the course of work by persons engaged in mining.
Section 2 Deposit of Mortgage
(Deposit)
Article 117.　The mining right owner or the mining leaseholder of coal or lignite shall, in order to guarantee the payment of compensation for damages concerning his mining area or his area of mining lease, deposit every year a fixed sum of money in proportion to the quantity of coal or lignite mined in the preceding year in accordance with the procedure as determined by Ministerial Ordinance.
2　The sum of money to be deposited in accordance with the provision of the preceding paragraph shall be determined every year for each mining area or area of mining lease by the Chief of Bureau of International Trade and Industry within the limit of 20 yen per ton of coal or lignite mined in the preceding year.
3　The Chief of Bureau of International Trade and Industry may order the mining right owner or mining leaseholder of minerals other than coal and lignite to deposit the sum of money to be determined within the limit of less than one per cent of the value of minerals mined in the preceding year in his mining area or his area of mining lease when he deems it necessary to guarantee the payment of compensation for damage concerning the said mining area or the said area of mining lease.
4　The money to be deposited in accordance with the provision of paragraph 1 or the preceding paragraph may be replaced with the national bond the value of which is equivalent to the amount of money.
Article 118.　The sufferer shall have a preferential right to receive payment from the money deposited to guarantee the payment of compensations concerning the mining area or the area of mining lease in accordance with the provisions of the preceding Article over other creditors in regard to the right to request the compensation for damages.
2　The procedure concerning the execution of the right under the preceding paragraph shall be provided for by Cabinet Order.
(Recovery)
Article 119.　The mining right owner or the mining leaseholder, or the person who has been a mining right owner or a mining leaseholder may recover the money deposited with the approval of the Chief of Bureau of International Trade and Industry in accordance with the procedure as provided for by Ministerial Ordinance in the following cases:
(1)　When he has compensated the damages concerning the mining area concerned or the area of mining lease concerned;
(2)　When no damage has occurred in ten years after the extinction of mining right or the extinction of mining lease due to the extinction of mining right or the decrease in mining area.
(Suspension of Operation)
Article 120.　The Chief of Bureau of International Trade and Industry may, when a person who is requested to make deposit fails to make deposit, order the suspension of his operation.
(Transfer of Right)
Article 121.　When a mining right owner has transferred his mining right, the right on the money deposited shall be thereby transferred to the transferee.
2　When mining lease has been extinguished, the right of the money deposited shall be transferred to the mining right owner with the exception of the case of the extinction of mining right or reduction of mining area.
Section 3 Intermediation of Compromise and Conciliation
(Plea for Intermediation of Compromise)
Article 122.　In case a dispute has arisen concerning the compensation for mining damages, the parties concerned may, in accordance with the procedure provided for by Ministerial Ordinance, plead with the Chief of Bureau of International Trade and Industry.
(Making the List of Intermediators)
Article 123.　The Chief of Bureau of International Trade and Industry shall, every year and beforehand, commission fifteen or less candidates for the intermediators and make a list of them.
2　The candidates for intermediators shall be commissioned from among those who represent general public interest and from among those who have knowledge and experience in mining, agriculture, forestry or other industries.
(Designation of Intermediators)
Article 124.　The Chief of Bureau of Internatinoal Trade and Industry shall, when he has received the plea provided for in Article 122, designate five or fewer number of intermediators from among the listed candidates for intermediators mentioned in paragraph 1 of the preceding Article.
2　In the case of preceding paragraph, when the mining damage is related to agriculture, forestry or other industries, at least one intermediator shall be designated from among the persons who have knowledge and experience in the industry in question.
(Duty of Intermediators)
Article 125.　The intermediators shall strive to settle the disputes fairly by thoroughly investigating the actual circumstances of the disputes.
(Plea for Conciliation)
Article 126.　When a dispute has arisen regarding the compensation for mining damage, the parties concerned may plead for concillation with the district court administering the land where the damage has arisen or any other district court determined by the agreement of the parties concerned.
Article 127.　In pleading for conciliation, the actual circumstances of the dispute shall be made clear.
(Rejection)
Article 128.　The court may reject the plea, when it has found that the plea for conciliation has been made unreasonably with a wrongful intention.
(Transmission)
Article 129.　The court which has accepted the plea may, when it deems it proper for conciliation, transmit the case with a decision to other district court. The same shall apply to the case where the court which has no jurisdiction has received the plea.
2　No pleading of complaint may be made against the decision under the preceding paragraph.
(Ex-officio Conciliation)
Article 130.　When the action in the court regarding the dispute of the compensation for mining damage is pending, the court which has received the action may ex-officio put the case to an conciliation of a district court.
(Suspension of Legal Proceedings)
Article 131.　When the action in the court regarding the case of pleading for conciliation received is pending or the case has been put to an arbitration in accordance with the provisions of the preceding Article, the court which has received the action may suspend the legal proceedings with a decision until the time when the conciliation finished.
2　No pleading of complaint shall be made against the decision under the preceding paragraph.
(Recommendation for Plea of Intermediation of Compromise)
Article 132.　When the plea for conciliation has been received or the case has been put to conciliation in accordance with the provision of Article 130, the court may, prior to the conciliation, advise the parties concerned to make a plea to the Chief of Bureau of International Trade and Industry for intermediation of compromise in accordance with the provisions of Article 122.
(Conciliation Committee)
Article 133.　When the plea for conciliation has been received of the case has been put to conciliation in accordance with the provisions of Article 130, the court shall hold a conciliation committee;provided that a conciliation may be made without holding conciliation committee, when deemed unnecessary in view of the actual circumstances of the dispute.
2　When the request has been made by the person concerned, the court shall hold conciliation committee, regardless of the provision of the proviso to the preceding paragraph.
(Election of Representative)
Article 134.　When there are numbers of persons concerned, they may elect a representative to exercise all the acts concerning the conciliation representing the whole or a part of the persons concerned.
2　When there is no representative under the preceding paragraph, the court may, when deemed necessary, order the election of the representative.
3　The representative shall be elected from among the persons concerned.
(Proof of Election and Report of Release from Office)
Article 135.　The election of representative shall be proved in writing.
2　Release from office of the representative shall not come into effect unless it is reported to the court.
(Summons of Persons Concerned or Representative)
Article 136.　The court shall determine the date and summon the persons concerned or their representative.
2　A person who has received the summons under the preceding paragraph shall not reject the presence unless he has proper and valid reasons.
(Participation in Conciliation)
Article 137.　A person who is interested in the result of conciliation (hereinafter referred to as "an interested person" in this section) may participate in the conciliation, upon obtaining the permission from the court.
2　The court may request the participation of an interested person in the conciliation.
(Presence)
Article 138.　A person concerned, a representative and an interested person shall present himself in the court;provided that in the case of unavoidable cause he may cause his agent to attend.
2　When a person other than an attorney becomes the agent under the preceding paragraph shall obtain the permission from the court.
3　The court may cancel the permission under the preceding paragraph at any time.
(Hearing of Opinion)
Article 139.　The court may ask the administrative authorities concerned and others deemed to be proper for the opinions or entrust them with the investigation.
2　The administrative authorities concerned may state the opinion to the court.
(Unopened Proceedings)
Article 140.　The conciliation proceedings in the court shall not be open to the public;provided that the court may permit the hearing of persons deemed to be proper.
(Prepayment of Expenses)
Article 141.　The court may cause a party or both parties concerned to prepay expenses regarding the acts which need expenses.
(Method of Pleading)
Article 142.　The plea and other statements may be made in writing or verbally.
2　When the statement is made verbally, the court clerk shall draw up the protocol thereof.
(Protocol)
Article 143.　With regard to the conciliation by the court, the court clerk shall draw up the protocol thereof.
(Measures before Conciliation)
Article 144.　The court may take the measures deemed necessary for the conciliation, prior to the conciliation.
(Burden of Expenses)
Article 145.　When no prescription regarding the burden of expenses is contained in the conciliation clauses by the court, the expenses paid by each party shall be borne by such party personally.
(Effect of Conciliation)
Article 146.　Conciliation shall have the same validity as the compromise by the court.
(Organization of Conciliation Committee)
Article 147.　Conciliation Committee shall be composed of one chief of conciliation and two or more conciliation members.
(Chief of Conciliation)
Article 148.　The chief of conciliation shall be designated in advance annually from among the judges by the district court.
(Conciliation Members)
Article 149.　Conciliation members shall be designated by the chief of conciliation for every case from among persons elected, in advance, annually by the district court, out of the persons who have special learning and experience and who are deemed qualified to make fair conciliation, or from among persons selected by agreement of the persons concerned.
(Place of Holding of Conciliation Committee)
Article 150.　The chief of conciliation shall hold conciliation committee meeting at the place he deems to be proper in view of actual circumstances of dispute.
(Command of Chief of Conciliation)
Article 151.　The conciliation proceedings in the conciliation committee shall be commanded by the chief of conciliation.
(Resolution)
Article 152.　The resolution of the conciliation committee shall be decided by the opinions of majority of members, and, in case of a tie, the decision shall be made by the chief of conciliation.
(Secrecy of Discussion)
Article 153.　The discussion in the conciliation committee shall be kept secret.
(Application Mutatis Mutandis)
Article 154.　The provisions of Articles 134 to 145 inclusive shall apply mutatis mutandis to the conciliation proceedings of the conciliation committee.
(Taking of Evidence)
Article 155.　The conciliation committee may hear the statement of the parties concerned, the representative or the persons interested, and may take evidence when he deems it necessary.
2　The conciliation committee may cause the chief of conciliation to take evidence, or entrust the district court or the summary court with the taking of evidence.
3　With regard to the taking evidence, the Code of Civil Procedure (Law No.29 of 1890) shall apply mutatis mutandis.
4　With regard to the travelling expenses, daily allowances and lodging charges for a witness and an expert witness, the Civil Procedure Expenses Law (Law No.64 of 1890) shall apply mutatis mutandis.
(Case Where No Conciliation is Made)
Article 156.　The conciliation committee may refuse to make the conciliation when it has found that there exist the causes under the provision of Article 128.
(Approval or Disapproval of Conciliation)
Article 157.　When a conciliation has been formulated, the court shall make a decision of approval or disapproval on the conciliation, upon hearing the report from the chief of the conciliation.
2　No plea of complaint shall be made against the decision of approval of the conciliation.
3　The parties concerned or the representative may make appeal (Kokoku) immediately, in accordance with the provisions of the Code of Civil Procedure, against the decision of disapproval of conciliation.
Article 158.　The court may not make a decision of disapproval of conciliation, unless the conciliation is deemed to be extremely unfair.
(Effect of Conciliation of the Conciliation Committee)
Article 159.　When a conciliation committee has been held, the conciliation shall have the same validity as the compromise by the court, only in the case where the decision of approval has been made.
(Fee)
Article 160.　A person who pleads for conciliation shall pay the fee.
2　The sum of the fee under the preceding paragraph shall be the amount which is prescribed by Cabinet Order within the limit of less than 20 yen per 1,000 yen of the value of the matter the conciliation of which has been pleaded.
(Request for Reading, Etc.)
Article 161.　The parties concerned or persons interested may request a court clerk, upon paying the fee as prescribed by Cabinet Order, for reading or copying of the record or for the delivery of the exemplification, copy or abstract thereof or the certificate regarding the cases;provided that the parties concerned may read or copy the record while the case is pending without paying the fee.
(Travelling Expenses, Daily Allowances and Lodging Expenses)
Article 162.　Conciliation members shall be supplied with travelling expenses, daily allowances and lodging expenses.
2　The sum of travelling expenses, daily allowances and lodging expenses under the preceding paragraph shall be prescribed by Cabinet Order.
(Award by Arbitrator)
Article 163.　When the parties concerned agree, the conciliation committee may make an award by arbitrator under the Code of Civil Procedure, with regard to the dispute concerning the compensation for mining damage.
2　In the case of preceding paragraph, the court, to which the conciliation committee designated by the parties concerned belongs shall hold a conciliation committee on the basis of the plea.
(Application Mutatis Mutandis)
Article 164.　The provisions of Articles 160 to 162 inclusive shall apply mutatis mutandis to the arbitration under the provisions of the preceding Article.
Section 4 Local Mining Damage Compensation Standards Council
(Establishment)
Article 165.　The Local Mining Damage Compensation Standards Council shall be established in the Bureau of International Trade and Industry.
(Responsibilities)
Article 166.　The Local Mining Damage Compensation Standards Council shall, in response to the inquiry of the Chief of Bureau of International Trade and Industry, investigate and deliberate on the standards under Article 112 paragraph 1.
(Organization)
Article 167.　The Local Mining Damage Compensation Standards Council shall be composed of a chairman and members of less than twelve in number.
2　The chairman and the members shall be appointed by the Chief of Bureau of International Trade and Industry from among the officials of related administrative organs.
(Service)
Article 168.　The Chairman and the members shall be of part-time service.
(Chairman)
Article 169.　The Chairman shall preside over the affairs of the Local Mining Damage Compensation Standards Council.
(Procedures for Proceedings, Etc.)
Article 170.　Other than those provided for by this Law, the procedures for proceedings and other matters necessary for the operation of the Local Mining Damage Conpensation Standards Council shall be determined by the Chief of Bureau of International Trade and Industry.
CHAPTER VII Plea of Protest
(Plea of Protest)
Article 171.　A person who is dissatisfied with the disposition made by the Chief of Bureau of International Trade and Industry under the provisions of this Law or orders issued thereunder, may plead a protest against the Minister of International Trade and Industry;provided that the same shall not apply to the matter concerning which the decision of the Land Coordination Commission may be applied for in accordance with the provisions of Article 187.
2　The plea of protest shall be made by submitting the written plea of protest in which the reasons are entered to the Minister of International Trade and Industry, within 30 days from the day of receipt of the information of disposition as for the person who is to be informed of the disposition, or from the day of publication of the disposition as for the other persons.
3　When it is proved that the plea of protest might not be made within the period under the preceding paragraph due to proper and valid reason, the plea of protest may be made even after the expiration of the period under the same paragraph.
(Rejection)
Article 172.　The Minister of International Trade and Industry shall reject immediately the plea of protest, when he finds it unlawful.
2　The decision of rejection under the preceding paragraph shall be made in writing and be accompanied with reason.
3　The Minister of International Trade and Industry shall deliver the exemplification of the decision to the pleader.
(Plea of Protest and Execution of Disposition)
Article 173.　The plea of protest shall not suspend the execution of the disposition;provided that the Minister of International Trade and Industry may suspend the execution upon pleading or ex officio, when he deems it urgently necessary in order to avoid the damage which may occur due to the execution of the disposition and which can not be compensated for.
2　The Minister of International Trade and Industry shall, when he has made the decision under the provision of the proviso to the preceding paragraph, notify the pleader, the opponent of the disposition and the Chief of Bureau of International Trade and Industry to that effect, and make publication to that effect.
(Delivery of Copy of Written Plea, Etc.)
Article 174.　The Minister of International Trade and Industry, when a protest has been pleaded, shall deliver the copy of the written plea to the Chief of Bureau of International Trade and Industry who has executed the disposition, with the exception of the case where it is rejected in accordance with the provision of Article 172 paragraph 1.
2　The Chief of Bureau of International Trade and Industry shall submit a written explanation to the Minister of International Trade and Industry within 10 days from the day of receipt of the copy of the written plea under the provision of the preceding paragraph.
(Commencement of Hearing)
Article 175.　The Minister of International Trade and Industry shall, when a protest has been pleaded, commence hearing within 30 days from the day of the receipt of the plea, with the exception of the case where it is rejected in accordance with the provision of Article 172 paragraph 1.
Article 176.　The Minister of International Trade and Industry shall determine the date and the place of hearing and notify the pleader and the Chief of Bureau of International Trade and Industry who has executed disposition.
2　The Minister of International Trade and Industry shall, when he has issued the notice under the provision of the preceding paragraph, publish the purport of the case, and the date and the place of hearing.
(Participation)
Article 177.　A person, other than the pleader, who intends to participate in the hearing to state his opinion, shall apply to the Minister of International Trade and Industry for his permission, expressing his intention of participation as an interested person and submitting the documents describing the reason of his being interested and the purport of his opinion.
(Presentation of Evidence, Etc.)
Article 178.　In the hearing, the pleader, the opponent of the disposition and the person who has participated in accordance with the provision of the preceding Article shall be given an opportunity to present evidence in regard to the case and to state the opinion.
(Decision)
Article 179.　The Minister of International Trade and Industry shall make a decision of the case on the basis of the results of hearing and the written explanation under Article 174 paragraph 2.
2　The decision under the preceding paragraph shall be made in writing and be accompanied with reason.
3　The Minister of International Trade and Industry shall deliver the exemplification of the decision to the pleader, the opponent of the disposition and the person who has participated in accordance withe the provision of Article 177, and to the Chief of Bureau of International Trade and Industry who has executed the disposition and make public the purport of the decison.
(Procedures)
Article 180.　The procedures concerning the plea of protest other than those provided for in this Chapter shall be prescribed by Ministerial Ordinance.
CHAPTER VIII Additional Provisions
(Fee)
Article 181.　The person listed in the left column of the Annexed Table shall pay the fee the amount of which is prescribed by Cabinet Order within the limit of the sum listed in each column on the right of the same Table.
(Amendment or Supplement)
Article 182.　When the documents of application and report for mining and the drawing are not perfect, the Chief of Bureau of International Trade and Industry may order the amendment or the Supplement thereof, specifying a reasonable time-limit.
(Notice of Presence)
Article 183.　The Chief of Bureau of International Trade and Industry may, when he deems it necessary to effect the spot investigation on the application for the establishment or change of mining right or mining lease, or on a mining, area, order a mining applicant, a person intending to become a mining leaseholder, a mining right owner or a mining leaseholder to be present at the investigation, designating the official to execute the investigator, the matter to be investigated, and the place and the date of the investigation. If he can not designate the date of the investigation, he shall determine the scheduled date, and order that the fixed date in to be designated by the official to execute the investigator.
(Rejection)
Article 184.　The Chief of Bureau of International Trade and Industry shall reject the application for the establishment or change of mining right in the case as enumerated below:
(1)　When no statement under Article 25 paragraph 2 has been submitted by the time-limit under the provision of the same Article, in case the order under the provision of the same Article has been given;
(2)　When no specification of installations under Article 26 has been submitted by the timelimit under the provision of the same Article, in case the order under the provision of the same Article has been given;
(3)　When no amendment of supplement has been made by the deadline under the provision of Article 182, in case the order under the provision of the same Article has been given;
(4)　When the mining applicant can not make clear the area under the application at the time of the spot investigation or has failed to be present on the date under the provisions of the preceding Article, in case the order under the provisions of the same Article has been given.
(Reason for Non-Permission, Etc.)
Article 185.　A notice given to the effect that the application for establishment or change of mining right or mining lease is not permitted, shall be accompanied with reason.
(Investigation of Mining Area, Etc.)
Article 186.　The mining right owner of the contiguous mining area or mining leaseholder of the contiguous area mining lease and other persons interested may ask the Chief of Bureau of International Trade and Industry for a spot investigation on another person's mining area or the area of mining lease.
2　A person, who intends to ask for the spot investigation under the preceding paragraph, shall submit the statement of reason attached to the application, in accordance with the procedure as provided for by Ministerial Ordinance.
3　A person, who intends to ask for the spot investigation under paragraph 1, shall furnish workers and materials necessary for the investigation.
(Application for Adjudication)
Article 187.　A person may apply for the adjudication of the Land Coordination Commission, when he is dissatisfied with the permission under Article 21 paragraph 1 (including the case where this applies mutatis mutandis in Article 45 paragraph 3;hereinafter the same), the non-permission due to the reason coming under the case provided for in the provision of Article 35 (including the case where this applies mutatis mutandis in Article 45 paragraph 3;hereinafter the same), the disposition for decrease in mining area or area of mining lease, or the concellation of mining right or mining lease under the provision of Article 53 (including the case where this applies mutatis mutandis in Article 87), the permission or the rejection thereof under Article 106 paragraph 1, or the decision or award on the use or expropriation of land under the provisions of the Land Expropriation Law which apply in accordance with the provision of Article 107 paragraph 1; provided that, as for the permission under Article 21 paragraph 1, the same shall apply only to the case where the reason lies in the violation of the provision of Article 35.
2　As regards the items that can be applied for an adjudication of the Land Coordination Commission in accordance with the provision of the preceding paragraph, no plea shall be instituted under the provision of Article 81 paragraph 1 of the Land Expropriation Law.
(Public Announcement)
Article 188.　The Chief of Bureau of International Trade and Iudustry shall, when he has executed disposition in accordance with the provisions of this Law or the order based on this Law, publish the purport thereof in accordance with the procedures as provided for by Ministerial Ordinance.
(Bulletin)
Article 189.　The Chief of Bureau of International Trade and Industry shall, when he gives the notice of permission under Article 21 paragraph 1, the notice under the provision of Article 25 paragraph 1, or the order under the provision of Article 182 or Article 183, and if, the receiver is not known or his address is not known, put the content of the notice or the order on the bulletin board of the office of city, town or village or similar offices, of the address registered in the application or the mining register in the case of a mining applicant or a mining right owner, or of the land for which the application is made for digging in the case of the land owner, and shall, at the same time, publish in the Official Gazette the fact that the bulletin is up as well as the purport of the bulletin. In this case, it shall be considered that the notice or the order has reached the receiver after 14 days have passed from the day, whichever later, of beginning of the bulletin or of the publication in the Official Gazette.
(Report and Inspection)
Article 190.　The Minister of International Trade and Industry and the Chief of Bureau of International Trade and Industry may, within the necessity for the enforcement of this Law, collect reports on the state of business from the mining right owner or mining leaseholder or cause the official to enter his work place or the business office in order to inspect the status of business, or examine books or documents.
2　The official who makes the inspection by entering in accordance with the provision of the preceding paragraph, shall carry with him an identification card proving his status, and show the same to the persons concerned.
3　The authority for the inspection under the provision of paragraph 1 shall not be construed as having been authorized for the criminal investigation.
CHAPTER IX Penal Provisions
Article 191.　Any person coming under any one of the following items shall be punished with penal servitude not exceeding 3 years or a fine not exceeding 300,000 yen, or with both:
(1)　A person who has violated the provisions of Article 7;
(2)　A person who has obtained the permission under Article 21 paragraph 1 by fraud or other wrongful acts.
2　Any person who has entered for digging outside the mining area or the area of mining lease by mistake shall be punished with a fine not exceeding 200,000 yen.
Article 192.　Any person coming under any one of the following items shall be punished with penal servitude not exceeding 1 year or a fine not exceeding 100,000 yen:
(1)　A person who has violated the provision of Article 63 paragraph 4 (including the case where this applies mutatis mutandis in Article 87);
(2)　A person who has mined minerals in violation of the provision of Article 64 (including the case where this applies mutatis mutandis in Article 87);
(3)　A person who has violated the order under the provision of Article 100 paragraph 2;
(4)　A person who has not suspended his business in violation of the order under the provision of Article 120.
Article 193.　Any person coming under any one of the following items shall be punished with a fine not exceeding 30,000 yen:
(1)　A person who has violated the provision of Article 69 or Article 70 (including the case where this applies mutatis mutandis in Article 87);
(2)　A person who has not carried the documents or has not shown them in violation of the provision of Article 102;
(3)　A person who has not made the report under the provision of Article 190 paragraph 1 or has made a false report;
(4)　A person who has refused, prevented or avoided the inspection under the provision of Article 190 paragraph 1.
Article 194.　When a representative of a juridical person or a proxy, an employee or any other worker of a juridical person or natural person has committed the violation of the provisions of the preceding three Articles in connection with the business of the juridical person or the natural person, the juridical person or the natural person shall be punished with a fine under the respective Articles, in addition to the punishment of the offender;provided that this shall not apply to the cases where there are proofs that sufficient caution and supervision over the representatives, employees and other workers of the juridical person or individual have been exercised to prevent such acts of violation in the business.
Article 195.　When a person who has received the summon of the court or the conciliation committee under the provisions of Article 136 (including the case where this applies mutatis mutandis in Article 154) fails to present while he has no proper and valid cause, the court which has the jurisdiction on the conciliation case may punish him with a non-criminal fine not exceeding 3,000 yen.
Supplementary Provisions:
1.　The date of enforcement of this Law shall be provided for by Cabinet Order within the limit of a period not exceeding 6 months counting from the days of its promulgation.
2.　The following laws shall be abolished:
The Mining Law (Law No.45 of 1905);
The Alluvial Mining Law (Law No.13 of 1909).
Annexed Table
Person to Pay
the Fee Amount
1.A person applying for the extension of prospecting right in accordance with the provision of Article 18 paragraph 2.
2,000 yen per case 2.A person applying for the establishment of mining right in accordance with the provision of Article 21 paragraph 1: Establishment of prospecting right 3,000 yen per case Establishment of digging right 5,000 yen per case 3.A person applying for increase or decrease in the area applied for mining in accordance with the provision of Article 36 paragraph 1:Increase and/or decrease in the area applied for prospecting 2,000 yen per case Decrease in the area applied for prospecting 500 yen per case Increase and/or decrease in the area applied for digging 3,000 yen per case Decrease in the area applied for digging 700 yen per case 4.A person reporting the change in the name of a mining applicant in accordance with the provision of Article 42 paragraph 1:Establishment of prospecting right 1,500 yen per case Establishment of digging right 2,500 yen per case 5.A person reporting the change in the name of a mining applicant in accordance with the provision of Article 42 paragraph 2:Establishment of prospecting right 150 yen per case Establishment of digging right 200 yen per case 6.A person applying for increase and/or decrease in the mining area in accordance with the provision of Article 45 paragraph 1:Increase and/or decrease in the prospecting area 2,800 yen per case Decrease in the prospecting area 700 yen per case Increase and/or decrease in the digging area 4,500 yen per case Decrease in the digging area 1,000 yen per case 7.A person applying for partition or amalgamation of digging area in accordance with ehe provision of Article 50 paragraph 1 or 2.4,000 yen per case 8.A person applying for the decision in accordance with the provision of Article 66 paragraph 4.1,000 yen per case 9.A person reporting in accordance with the provisions of Article 67.600 yen per case 10.A person applying for the extension of duration of mining lease in accordance with the provision of Article 76 paragraph 4.2,000 yen per case 11.A person applying for the approval for establishment of mining lease in accordance with the provision of Article 77 paragraph 1.3,000 yen per case 12.A person applying for increase and/or decrease in the area of mining lease in accordance with the provision of Article 78 paragraph 1:Increase and/or decrease in the area of mining lease 2,000 yen per case Decrease in the area of mining lease 400 yen per case 13.A person applying for the decision in accordance with the provision of Article 90.3,000 yen per case 14.A person applying for the permission of the entrance into the land or of the cutting of bamboos and trees in accordance with the provision of Article 101 paragraph 1.1,000 yen per case 15.A person applying for the use or expropriation of land in accordance with the provision of Article 106 paragraph 1.3,000 yen per case 16.A person asking for the investigation in accordance with the provision of Article 186 paragraph 1.1,000 yen per case
Attorney-General　OHASHI Takeo
Minister of International Trade and Industry　YOKOO Shigemi
Minister of Construction　MASUDA Kaneshichi
Prime Minister　YOSHIDA Shigeru