(Mining Right) Article 1. Prospecting rights under the Mining Law (Law No.45 of 1905;hereinafter referred to as the "old Mining Law" ) shall be deemed to have become those under the Mining Law (Law No.289 of 1950;hereinafter referred to as the "new Law" ) on the day of the enforcement of the new Law, excluding those as provided for in paragraph 3. 2 Digging rights under the old Mining Law or alluvial mining rights under the Alluvial Mining Law (Law No.13 of 1909;hereinafter referred to as the "old Alluvial Mining Law" ) shall be deemed to have become those under the new Law on the day of its enforcement, excluding those as provided for in the following paragraph. 3 Prospecting rights or digging rights to petroleum under the old Mining Law shall be deemed to have become those to petroleum and combustible natural gases under the new Law on the day of its enforcement. 4 Mining leases under the provisions of Article 17-(2) of the defunct Law for Increased Production of Essential Minerals (Law No.35 of 1938;hereinafter referred to as the "old Increased Production Law" ) which is still effective under the provision of paragraph 3 of the Supplementary Provisions of the old Increased Production Law or mining leases under the provisions of Article 17 of the defunct Law for Temporary Measure for Coal Mining Right, etc.(Law No.154 of 1948;hereinafter referred to as the "old Measure Law" ) which is still effective under the provision of paragraph 3 of the Supplementary Provisions of the old Measure Law (hereinafter referred to as "old mining leases" ) shall be deemed to have become mining leases under the new Law on the day of its enforcement, even if they have been established on prospecting areas.

(Dimensions, Etc. of Mining Area) Article 2. With respect to the dimensions of mining areas for mining rights under the old Mining Law (excluding rights to coal) with have been deemed, in accordance with the provisions of paragraphs 1 to 3 inclusive of the preceding Article, to have become those under the new Law, the precedents under the provision of Article 9 paragraph 2 of the old Mining Law shall apply, notwithstanding the provisions of Article 14 paragraphs 2 and 3 of the new Law; provided that, with respect to the said mining area, no such decrease, increase and decrease or partition may be effected as are to make the dimensions of the mining area after the decrease, increase and decrease or the partition smaller than the dimensions mentioned in Article 14 paragraph 2 of the new Law. 2 With respect to the boundary (excluding the boundary after change in the alluvial mining right concerned) or dimensions of mining areas for alluvial mining rights under the old Alluvial Mining Law which have been deemed, in accordance with the provision of paragraph 2 of the preceding Article, to have become degging rights under the new Law, the provisions of Article 14 paragraphs 1 or 3 of the new Law shall not apply.

(Duration of Mining Right) Article 3. With respect to the duration of prospecting rights under the old Mining Law that have been deemed, in accordance with the provision of Article 1 paragraph 1 or 3, to have become those under the new Law, the precedents under the former provisions shall apply;provided that the application of the provisions of Article 18 paragraphs 2 to 4 inclusive and Article 19 of the new Law shall not be prevented. 2 In applying the provision of Article 18 paragraph 2 of the new Law in the case of the proviso to the preceding paragraph, "twice" mentioned in the same paragraph shall read "once," and "thrice" shall read "twice." 3 In applying the provision of Article 18 paragraph 4 of the new Law to the application for extension of the period of duration, which is to be submitted for the first time after the enforcement of the new Law, with regard to such prospecting rights under paragraph 1 as are to expire within four months from the day of the enforcement of the new Law, "not later than three months but within six months prior to the expiration of the period of duration" mentioned in the same paragraph shall read "within one month from the day of the enforcement of the new Law." 4 The duration of the old mining leases which have been deemed, in accordance with the provision of Article 1 paragraph 4, to have become mining leases under the new Law shall continue until the expiration date of the said old leases;provided that this shall not prevent the application of the provisions of Article 76 paragraphs 2 to 4 inclusive of the new Law.

(Digging Right to the Supplemented Minerals) Article 4. Any person who is, at the time of the enforcement of the new Law, actually digging lime, dolomite, silica, feldspar, pyrophyllite, talc or fire clay provided for in Article 3 paragraph 1 of the new Law (hereinafter referred to as the "Supplemented minerals" ) or his successor may continue digging as before for six months as from the day of the enforcement of the new Law. In cases where the digging person concerned or his successor has applied within sex months from the day of the enforcement of the new Law for the establishment of mining right to the said supplemented minerals in the digging area concerned, the same shall apply with respect to the applied area concerned up to the day on which a notice of rejection or disapproval of application is received or the approval becomes null and void under the provision of Article 43 of the new Law or registration is effected for the establishment of mining rights.

(Priorities) Article 5. In cases where a person who has been digging the supplemented minerals for six months without interruption at the time of the enforcement of the new Law or his successor his applied, within six months from the day of the enforcement of the new Law, for the establishment of mining rights to the supplemented minerals concerned, he shall have priority over other applications (excluding applications made under the old Mining Law which is deemed, under the provision of Article 16 paragraph 1 or Article 22, to be those under the new Law and applications made by owners of prospecting rights for the establishment of digging rights on the areas overlapping the prospecting area), with respect to the area in which digging is being carried out, notwithstanding the provisions of Article 27 of the new Law, and the provisions of Article 14 paragraphs 2 and 3, Articles 16, 29, 30 and 32 of the new Law shall not apply to the said application.

Article 6. In cases where a person who has been holding over one year without interruption the right to the use of land with a view to obtaining the supplemented minerals at the time of the enforcement of the new Law (excluding the owner of the land) or his successor has applied, within six months from the day of the enforcement of the new Law, for the establishment of mining rights to the supplemented minerals concerned, he shall have priority over other applications (excluding applications made under the old Mining Law which is deemed, under the provisions of Article 16 paragraph 1 or Article 22, to be those under the new Law and applications made by owners of prospecting rights for the establishment of digging rights on the areas overlapping the prospecting area), with respect to the owner of the land on which he can exercise the right, notwithstanding the provisions of Article 27 of the new Law, and the provisions of Article 14 paragraphs 2 and 3, Articles 16, 29, 30 and 32 of the new Law shall not apply to the said application;provided that this shall not apply in regard to the provisions of Articles 16, 29 and 30 of the new Law in cases where permission has been given to the application, under the provision of the preceding Article, for the establishment of mining rights to the supplemented minerals concerned in the area of that lantd

Article 7. The Chief of the International Trade and Industry Bureau shall, when an application has been filed within six months from the day of the enforcement of the new Law for the establishment of mining rights to the supplemented minerals (excluding the applications under the preceding two Articles), notify to that effect to the owner of the land involved in the said application. 2 Notwithstanding the provisions of Article 27 of the new Law, the owner of land shall, when he has applied for the establishment of mining rights to the supplemented minerals within thirty days from the day of the receipt of the notice under the preceding paragraph, have priority over other applications (excluding the applications under the preceding two Articles, applications made under the old Mining Law which is deemed, under the provisions of Article 16 paragraph 1 or Article 22, to be those under the new Law and applications made by owners of prospecting rights for the establishment of digging rights on the areas overlapping the prospecting area), with respect to the area of the land owned by him, and the provisions of Article 14 paragraphs 2 and 3 and Article 32 of the new Law shall not apply to the said application.

(Application for Digging Right, Etc. in Overlapped Areas) Article 8. When a person who has applied for, in accordance with the provisions of Article 5 or 6, the establishment of prospecting rights and has been given the registration thereof has applied for the establishment of digging rights to the supplemented minerals concerned in an area overlapping his prospecting area, the provisions of Articles 16 and 30 of the new Law shall not apply to the overlapped part. 2 When a person who has applied, in accordance with the provisions of the preceding three Articles, for the establishment of prospecting rights and has been given the registration thereof has applied for the establishment of digging rights to the supplemented minerals concerned in an area including the whole of his prospecting area, the provision of Article 14 paragraph 2 of the new Law shall not apply.

Article 9. When the owner of prospecting rights over a prospecting area which not only overlaps such digging area or such area of the land over which the rights are held as has been intended in the application for the establishment of mining rights under the provision of Article 5 or 6, or a mining area covered by the mining rights whose establishment has been applied for in accordance with the provision of Article 5 or 6 or paragraph 1 of the preceding Article and has been registered, but also is intended for a mineral existing in the same deposits in such areas, has applied for the establishment of digging rights for the mineral which is the object of his prospecting rights, the provisions of Articles 16 and 30 of the new Law shall not apply to the overlapped part.

(Mining Right, Etc. in Overlapped Mining Area) Article 10. The owner of mining rights whose mining area overlaps such digging area or such area of the land over which the rights are held as has been intended in the application for the establishment of mining rights under the provision of Article 5 or 6, or a mining area covered by the mining rights for supplemented minerals whose establishment has been applied for in accordance with the provision of Article 5 or 6 or Article 8 paragraph 1 and has been registered, shall not dig or obtain the said supplemented minerals in the overlapped part, notwithstanding the provision of Article 5 of the new Law. 2 Other than the case provided for in the provision of the preceding paragraph, the owner of mining rights shall not dig or obtain, for six months from the day of the enforcement of the new Law, the supplemented minerals existing in the same deposits as those containing the minerals which are the objects of his mining rights, notwithstanding the provision of Article 5 of the new Law.

Article 11. In cases where the mining area of a person who has applied for the establishment of mining rights for supplemented minerals in accordance with the provision of Article 5 or 6 or Article 8 paragraph 1 and has such establishment registered overlaps another person's mining area for minerals existing in the same deposits as the said supplemented minerals, he shall not dig or obtain minerals other than the said supplemented minerals in the overlapped part, notwithstanding the provision of Article 5 of the new Law.

(Consultation and Decision) Article 12. In cases where a mining area covered by the mining rights for supplemented minerals whose establishment has been applied for in accordance with the provision of Article 5 or 6 or Article 8 paragraph 1 and has been registered overlaps a mining area covered by mining rights for minerals existing in the same deposits as the said supplemented minerals, the owner of mining rights shall consult with the other owners of mining rights when he intends to dig a mineral in the overlapped area. 2 When consultation under the preceding paragraph cannot be made or fails to reach an agreement, the owner of mining right may apply to the Chief of International Trade and Industry Bureau for settlement. 3 The provisions of Article 47 paragraphs 2 to 6 inclusive of the new Law shall apply mutatis mutandis to the settlement under the preceding paragraph.

(Compensations) Article 13. The owner of land, who is receiving compensation by contract or usage from a person who digs supplemented minerals or who has rights relating to the use of land for the acquisition of supplemented minerals at the time of the enforcement of the new Law, may request a proper amount of compensation for the digging of the said supplemented minerals from the person who has applied for the establishment of mining rights in accordance with the provisions of Article 5 or 6 or Article 8 paragraph 1 and has the said establishment registered. 2 In the case under the preceding paragraph, the owner of land may request the owner of mining rights to furnish a proper security for compensation money. 3 The owner of mining rights shall not, in the case of the preceding two paragraphs, refuse his consent without due eause. 4 The owner of land may, when he has failed to obtain the consent under the preceding paragraph, apply to the Chief of International Trade and Industry Bureau for settlement. 5 The provisions of Article 47 paragraphs 2 to 6 inclusive of the new Law shall apply mutatis mutandis to the settlement under the preced ing paragraph.

(Alluvial Gold) Article 14. Any person, who has the digging rights to alluvial gold in accordance with the provision of Article 6 paragraph 1 of the old Alluvial Mining Law at the time of the enforcement of the new Law, may dig and ob tain alluvial gold deposited in his mining area (excluding the areas overlapping the alluvial mining area mentioned in the proviso to Article 6 paragraph 1 of the old Alluvial Mining Law;the same shall apply hereinafter in this and next Articles) for three months from the day of the enforcement of the new Law, notwithstanding the provisions of Article 7 of the new Law. The same shall apply until the day on which he obtains the confirmation under the following paragraph or receives a notice of non-confirmation in cases where an application under the same paragraph has been filed. 2 When the owner of digging right under the preceding paragraph has reported, in accordance with the procedure to be fixed by Ministerial Ordinance, the existence of alluvial gold within his digging area to the Chief of International Trade and Industry Bureau within three months as from the day of the enforcement of the new Law and obtained his confirmation thereof, the said owner of digging right may dig or obtain alluvial gold existing within his digging area, notwithstanding the provisions of Article 7 of the new Law.

Article 15. Notwithstanding the provision of Article 5 of the new Law, the owner of mining right to alluvial minerals shall not dig or obtain alluvial gold in the overlapped area in cases where his mining area overlaps the digging area of the owner of digging right who is entitled in accordance with the provisions of the preceding Article to dig and obtain alluvial gold.

(Application for Mining) Article 16. An application for mining made prior to the enforcement of the new Law in accordance with the provisions of Article 21 of the old Mining Law shall be deemed to be that under the provisions of Article 21 of the new Law. In this case, an applicant for digging shall, within two months from the day of the enforcement of the new Law, submit a letter stating the extent and status of mining damages expected. 2 With respect to the application for mining under the preceding paragraph, the precedents under Article 9 paragraph 2 of the old Mining Law shall apply to the dimensions of the area applied, notwithstanding the provision of Article 14 paragraph 2 of the new Law.

(Application for Alluvial Mining) Article 17. An application for alluvial mining made prior to the enforcement of the new Law in accordance with the provisions of Article 8 of the old Alluvial Mining Law shall be deemed to be that under the provisions of Article 21 of the new Law. In this case, an applicant for alluvial mining shall, within two months from the day of the enforcement of the new Law, submit an explanatory statement of the mineral deposit under the provisions of Article 22 of the new Law. 2 With respect to the application for alluvial mining under the preceding paragraph, the provision of Article 14 paragraph 1 or 3 of the new Law shall not apply.

(Notice of Permission) Article 18. The notices, stating that the decision was made to give permission to applications for mining, or alluvial mining, given prior to the enforcement of the new Law in accordance with the provisions of the orders issued under the old Mining Law or the old Alluvial Mining Law, shall be deemed to be notices of the permission to the applications for the establishment of mining right under Article 43 of the new Law.

(Change in the Names of Minerals) Article 19. The application for change in the names of minerals, made prior to the enforcement of the new Law in accordance with the provisions of the orders issued under the old Mining Law, shall be deemed to be the report under the provision of Article 67 of the new Law.

(Application for Correction) Article 20. With respect to the application under the order requiring the submission of application for correction which has been made in accordance with the provision of Article 25 paragraph 1 of the old Mining Law (including the case where this applies mutatis mutandis in Article 37 paragraph 1 of the same Law) prior to the enforcement of the new Law, the precedents under the former provisions shall apply.

Article 21. With respect to an application for correction made in accordance with the provision of Article 26 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 37 paragraph 1 of the same Law), the precedents under the former provisions shall apply.

(Application for Increase and Decrease) Article 22. An application for increase and decrease of land applied for or mining areas which has been made prior to the enforcement of the new Law, in accordance with the provision of Article 27 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 37 paragraph 1 of the same Law) shall be deemed to be that under the provisions of Article 36 or 45 of the new Law. In this case, the provisions of the latter part of Article 16 paragraph 1 and of paragraph 2 of the same Article shall apply mutatis mutandis.

Article 23. An application for increase and decrease of land applied for alluvial minerals or alluvial mining areas which has been made prior to the enforcement of the new Law, in accordance with the provision of Article 27 of the old Mining Law which applies mutatis mutandis in Article 23 of the old Alluvial Mining Law or of Article 11 of the old Alluvial Mining Law, shall be deemed to be that under the provisions of Article 36 or 45 of the new Law. In this case, the provisions of the latter part of Article 17 paragraph 1 and of paragraph 2 of the same Article shall apply mutatis mutandis.

(Application for Increase of Mining Areas, Etc.) Article 24. With respect to an application for increase of mining areas or correction of mining areas which has been made in accordance with the provision of Article 36 paragraph 1 or 2 of the old Mining Law prior to the enforcement of the new Law, the precedents under the former provisions shall apply.

(Order Requiring Submission of Application for Adjustment, Etc.) Article 25. With respect to the order requiring submission of application for adjustment in mining areas or alluvial mining areas and the application based upon the said order which have been made in accordance with the provision of Article 38 paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 23 of the old Alluvial Mining Law) prior to the enforcement of the new Law, the precedents under former provisions shall apply.

(Permission by Mistake) Article 26. The Chief of the International Trade and Industry Bureau shall, when he has given permission by mistake to an application for mining, or alluvial mining prior to the enforcement of the new Law, take dispositions to cancel or change the mining rights concerned to correct the mistake.

(Cancellation of Mining Right, Etc.) Article 27. The provisions of Articles 53 to 55 inclusive and Article 83 paragraph 1 of the new Law shall apply to causes produced prior to the enforcement of the new Law, only in cases where there are provisions corresponding to them in the old Mining Law, the old Alluvial Mining Law, the old Increased Production Law, or the old Measure Law.

(Operation Plan) Article 28. The operation plan approved prior to the enforcement of the new Law, in accordance with the provision of Article 44 paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 23 of the old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law and Article 33 paragraph 1 of the old Measure Law) shall be deemed to have been notified in accordance with the provision of Article 63 paragraph 1 of the new Law or permitted in accordance with the provision of paragraph 2 of the same Article.

Article 29. The orders requiring change in operation plans, issued prior to the enforcement of the new Law in accordance with the provision of Article 45 paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 23 of the old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law and Article 33 paragraph 1 of the old Measure Law) shall be deemed to be those under the provision of Article 100 paragraph 2 of the new Law.

(Starting of Mining Operation) Article 30. With respect to the application of the provisions of Article 62 paragraph 1 or Article 86 of the new Law, the periods under such provisions shall be computed from the day of the enforcement of the new Law, if the owners of mining rights under the old Mining Law or the owners of alluvial mining rights under the old Alluvial Mining Law have not yet started mining operation at the time of the enforcement of the new Law, or if the mining leaseholders under the provisions of Article 17-(2) of the old Increased Production Law or the mining leaseholders under the provisions of Article 17 of the old Measure Law (hereinafter referred to as the "old leaseholderes" ) have not started, or have suspended their mining operation at the time of the enforcement of the new Law. 2 When, in cases where the mining operation of the owner of mining right under the old Mining Law or of alluvial mining right under the old Alluvial Mining Law is in suspension at the time of the enforcement of the new Law, an application has been submitted to the Chief of the International Trade and Industry Bureau within two months from the day of the enforcement of the new Law, stating the period and reason thereof and has been given approval, the approval shall be deemed to have been given under Article 62 paragraph 3 of the new Law.

(Elimination of Obstacles) Article 31. With respect to the elimination of obstacles permitted in accordance with the provision of Article 53 paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 17 of the Old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law and Article 17 of the old Alluvial Mining Law which applies mutatis mutandis in Article 17-4 (22) paragraph 3 of the old Increased Production Law, and Article 33 paragraph 1 of the old Measure Law) prior to the day of the enforcement of the new Law, the precedents under the former provisions shall apply.

(Use of Land) Article 32. A person who is actually using the other person's land in accordance with the provision of Article 56 paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 17 of the old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law, Article 17 of the old Alluvial Mining Law which applies mutatis mutandis in Article 17-(22) paragraph 3 of the old Increased Production Law, and Article 33 paragraph 1 of the old Measure Law) shall be deemed to be a person who is using it in accordanee with the provisions of Article 104 of the new Law, with the exception of the case as provided for in Article 65 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 17 of the old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law, Article 17 of the old Alluvial Mining Law that which applies mutatis mutandis in Article 17-(22) paragraph 3 of the old Increased Production Law, and Article 33 paragraph 1 of the old Measure Law). 2 The permission given in accordance with the provisions of Article 56 paragraph 2 of the old Mining Law (including of the cases where this applies mutatis mutandis in Article 17 of the old Alluvial Mining Law, Article 17-(22) paragraph 2 of the old Increased Production Law and Article 17 of the old Alluvial Mining Law which applies mutatis mutandis in Article 17-(22) paragraph 3 of the old Increased Production Law, and Article 33 paragraph 1 of the old Measure Law) within three years prior to the enforcement of the new Law, shall be deemed to be that which has been given under the provision of Article 106 paragraph 1 of the new Law on the day of the enforcement of the new Law.

(Use of Land within Alluvial Mining Areas) Article 33. A person who is actually using the other person's land, at the time of the enforcement of the new Law, by paying the compensation money in accordance with the provision of Article 12 of the old Alluvial Mining Law, shall be deemed to be one using land in accordance with the provisions of Article 104 of the new Law, with the exception of the case as provided for in Article 16 of the old Alluvial Mining Law.

(Overlapping of Alluvial Mining Areas with Mining Areas) Article 34. When the agreement under Article 5 paragraph 1 of the old Alluvial Mining Law has been reached prior to the enforcement of the new Law, it shall be considered that the consent under the provision of Article 66 paragraph 1 of the new Law has been obtained or the agreement under the provision of paragraph 2 of the same Article has been reached.

(Mining Damage) Article 35. The provisions of Chapter VI of the new Law shall apply to damages caused after the enforcement of the new Law by the operations made prior to the enforcement of the new Law. 2 With respect to responsibilities for compensation of the owner of mining right under the old Mining Law, of the owner of alluvial mining right under the old Alluvial Mining Law or of the old leaseholder, which have been assumed prior to the enforcement of the new Law in accordance with the provisions of Articles 74-(2), 74-(3), 74-(8) and 74-(9) of the old Mining Law (including the cases where any of these provisions applies mutatis mutandis in Article 23 of the old Alluvial Mining Law, Article 17-(22) paragraph 1 of the old Increased Production Law, and Article 33 paragraph 1 of the old Measure Law), the precedents under the former provisions shall apply. 3 With respect to such responsibilities for compensation of a person who has been the owner of mining right under the old Mining Law or alluvial mining right under the old Alluvial Mining Law, as have ceased to exist at the time of the enforcement of the new Law, the precedents under the former provisions shall apply. 4 The provisions of Article 109 paragraph 3 to 5 inclusive and Article 110 paragraph 2 shall apply to the cases where mining rights under the old Mining Law or alluvial mining rights under the old Alluvial Mining Law which have been held by the owners of mining rights under the old Mining Law or the owners of alluvial mining rights under the old Alluvial Mining Law, who are responsible for compensation in accordance with the provision of paragraph 2 and which have been deemed to have become mining rights under the new Law in accordance with the provisions of Article 1 paragraphs 1 to 3 inclusive, have been transferred or leased, or to the cases where old mining leases which have been held by the old leaseholders who are responsible for compensation in accordance with the provision of paragraph 2 and which have been were deemed to have become mining leases under the new Law in accordance with the provision of Article 1 paragraph 4, have ceased to exist.

(Pre-Arrangement of Compensation of Damage) Article 36. The provisions of Article 114 of the new Law shall apply to the pre-arrangement of the amount or to the payment of compensation for damage arranged prior to the enforcement of the new Law.

(Deposit) Article 37. The deposits under the provision of Article 74-(4) paragraph 1 of the old Mining Law (including the cases where this applies mutatis mutandis in Article 17-(22) paragraph 2 of the old Increased Production Law and Article 33 paragraph 1 of the old Measure Law), existing at the time of the enforcement of the new Law shall be deemed to be those deposited under the provision of Article 117 paragraph 1 of the new Law.

(Petition) Article 38. With respect to the petitions sub mitted, prior to the enforcement of the new Law, in accordance with the provisions of Article 89 or 91 of the old Mining Law (including the cases where any of these provisions applies mutatis mutandis in Article 23 of the old Alluvial Mining Law), the precedents under the former provisions shall apply.

(Relation between Old Mining Lease and Mortgage Right) Article 39. The old mining lease deemed, in accordance with the provision of Article 1 paragraph 4 to have become the mining lease under the new Law shall still be valid against the mortgagee who, before the registration of the said mining lease, has registered the mortgage right on the mining right concerned or who has registered the mortgage right on the mine estate to which the mining right concerned belongs. 2 The provisions of Article 98 paragraph 1 item (3) and paragraph 2 of the new Law shall apply mutatis mutandis to the case under the preceding paragraph.

(Validity of the Transitory Provisions) Article 40. The provisions of paragraphs 4 and 5 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.37 of 1934), of paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.23 of 1939) and of Articles 6 and 7 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.102 of 1940) shall still be valid even after the enforcement of the new Law. 2 With respect to the application of the provisions, still effective under the provisions of the preceding paragraph, of paragraph 5 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.37 of 1934) or of Article 7 paragraph 2 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.102 of 1940), the provisions of Articles 13 and 15 of the old Alluvial Mining Law shall still be valid even after the enforcement of the new Law. 3 The operation plan which has been deemed, in accordance with the provisions of Article 13 of the Supplementary Provisions of the Law for Partial Amendments to the Mining Law (Law No.102 of 1940) or of paragraph 13 of the Supplementary Provisions of the Mine Safety Law (Law No.70 of 1949), to have been given the approval under the provision of Article 44 paragraph 1 of the old Mining Law, shall be deemed to have been given the approval under the provision of Article 63 paragraph 2 of the new Law. 4 In applying the provisions of paragraph 3 of the Supplementary Provisions of the old Increased Production Law and of paragraph 3 of the Supplementary Provisions of the old Measure Law, the old mining lease that has been deemed, in accordance with the provision of Article 1 paragraph 4, to have become the mining lease under the new Law, shall be deemed to have extinguished.

Article 41. The provisions of the new Law shall not apply to the combustible natural gas, closely related to oil bearing strata, springing from the petroleum wells reported in accordance with the provision of Article 120 of the Supplementary Provisions of the old Mining Law.

(Validity of Disposition, Etc. under Provisions of the Old Mining Law, Etc.) Article 42. Other than the cases under the provisions of Articles 16 to 19 inclusive, Articles 22, 23, 28, 29 Article 32 paragraph 2 and Article 34, the dispositions, proceedings or other acts done prior to the enforcement of the new Law in accordance with the provisions of the old Mining Law, old Alluvial Mining Law, old Increased Production Law or the old Measure Law, shall be deemed to be those done in accordance with the new Law in cases where the provisions corresponding thereto exist in the new Law.

(Amendments to the Ministry of International Trade and Industry Establisnment Law) Article 43. The Ministry of International Trade and Industry Establishment Law (Law No.102 of 1949) shall be partially amended as follows: In Article 4 paragraph 1 item (32), "for mining or alluvial mining" shall be amended as "concerning establishment of mining right, etc." , and "and alluvial mining rights" shall be deleted. In Article 24 item (10), "mining or alluvial mining" shall be amended as "establishment of mining right, etc." In Article 25 paragraph 4, "or alluvial mining" shall be deleted. Article 27 shall be amended as follows:

(Auxiliary Organ) Article 27. There shall be established in the International Trade and Industry Bureau as its auxiliary organ a Local Mining Damage Compensation Standards Council. 2 With regard to the Local Mining Damage Compensations Standards Council, it shall be in accordance with the provisions under the Mining Law (Law No.289 of 1950).

In Article 37 item (1), "mining or alluvial mining" shall be amended as "establishment of mining right, etc." In the list of Article 41 paragraph 1, the part concerning the Mining Industry Law Amendment Council shall be deleted.

(Amendments to the Mine Safety Law) Article 44. The Mine Safety Law shall be partially amended as follows: In the contents, "(Article 1-Article 3)" shall be amended as "(Article 1-Article 3-(2))" and "(Article 4-Article 31)" as "(Article 4-Article 31-(2))" . Article 2 paragraph 1 shall be deleted;paragraph 2 of the same Article shall be made paragraph 1, and the same paragraph shall be amended as follows;the numbering of paragraphs 3 and 4 of the same Article shall be respectively moved up by one;and in paragraph 5 of the same Article, "proviso to paragraph 3" shall be amended as "proviso to paragraph 2" , and the same paragraph shall be made paragraph 4: "Owners of mining right" as used in this Law shall mean owners of mining right and mining leaseholders. The following one Article shall be added next to Article 3 in Chapter I:

(Validity of Disposition, Etc.) Article 3-(2). The disposition made in accordance with the provisions of this Law (including orders issued thereunder;hereinafter the same in this Article) and the proceeding or other acts done by the owners of mining right in accordance with the provisions of this Law shall be valid against successors of the owners of mining right. 2 When a mining lease has been established or areas of mining lease have increased, the disposition made in accordance with the provisions of this Law and the proceedings or other acts done by the owners of digging right in accordance with the provisions of this Law shall be valid, within the limit of mining lease, against mining leaseholders. 3 When a mining lease has been extinguished or area of mining lease has decreased, the disposition made in accordance with the provisions of this Law and the proceedings or other acts done by mining leaseholders in accordance with the provisions of this Law shall be valid, within the limit of digging right, against owners of digging right;provided that the same shall not apply to the case of extinction of mining lease incidental to extinction of digging right.

Article 22 paragraph 2 shall be amended as follows: The Chief of the Mine Safety and Inspection Division shall supervise the enforcement of the affairs concerning safety in the operation plan under the provisions of Article 63 of the Mining Law (Law No.289 of 1950)(inclusive of the case where these provisions apply mutatis mutandis in Article 87). In Article 31, "Article 2 paragraph 3 and paragraph 5" shall be amended as "Article 2 paragraphs 2 and 4." The following on Article shall be added next to Article 31 in Chapter II:

(Emergency Use of Land) Article 31-(2). Owners of mining right may, when it is necessary to prevent impending danger to safety, enter forthwith other person's land and use it temporarily after obtaining permission of the Chief of the Mine Safety and Inspection Division. 2 In the case under the preceding paragraph, owners of mining right shall forthwith notify to the possessor of the land concerned to that effect. 3 Any person who, in accordance with the provision of paragraph 1, intends to enter or use other person's land shall take with him a letter certifying that he has obtained the permission of the Chief of Mine Safety and Inspection Division and show it if requested by the possessors of land. 4 Any person who entered or used temporarily other person's land, in accordance with the provision of paragraph 1, shall compensate, subject to the current price, the losses caused by it.

In the heading of Article 32, "Safety and Inspection Division" shall be amended as "Mine Safety and Inspection Division." In Article 36 paragraph 1, "(hereinafter called" the Chief of the Safety and Inspection Division ")" shall be deleted;and in paragraph 2 of the same Article "Chief of the Safety and Inspection Division" shall be amended as "Chief of the Mine Safety and Inspection Division." In the heading of Article 38 and paragraph 1 of the same Article, "Chief of the Safety and Inspection Division" shall be amended as "Chief of the Mine Safety and Inspection Division." In the heading of Article 45, "Safety Committee" shall be amended as "Mine Safety Committee" ;and in the same Article, "Local Mine Safety Committee" as "Local Mine Safety Committee (hereinafter called" the Local Committee ")." In Article 46 paragraph 2, "Chief of the Safety and Inspection Division" shall be amended as "Chief of the Mine Safety and Inspection Division," and "Local Mine Safety and Inspection Committee (hereinafter called" the Local Committee ")" shall be amended as "Local Committee" ;and in paragraph 3 of the same Article, "Chief of the Safety and Inspection Division" shall be amended as "Chief of the Mine Safety and Inspection Division." In Article 47, "Thirty members" shall be amended as "forty-two members." In Article 48, "Chief of the Safety and Inspection Division" shall be amended as "Chief of the Mine Safety and Inspection Division." In Article 57, item (4) shall be made item (5), and the following one item shall be added as item (4): (4) A person who, in violation of the provision of Article 31-(2) paragraph 3, has not taken with him the letter or who has not shown it.

(Amendment to Petroleum Resources Development Law) Article 45. The Petroleum Resources Development Law (Law No.31 of 1938) shall be partially amended as follows: In Article 1 paragraph 1, "for Petroleum" shall be amended as "for Petroleum (including inflammable natural gas;hereinafter the same)."

(Amendments to the Mining Industry Mortgage Law) Article 46. The Mining Industry Mortgage Law (No.55 of 1905) shall be partially amended af follows: In Article 4 paragraph 1, "Chief of the Mine Supervision Bureau" shall be amended as "Chief of the Bureau of International Trade and Industry" ;and paragraphs 5 and 6 of the same Article shall be amended as follows: When a decision is made definitely to permit knocking down in auctions, the cancellation of digging right shall be deemed not to have become valid. The provisions of the preceding four paragraphs shall not apply to the cancellation of digging right under the provisions of Articles 52 to 54 inclusive. In Article 5, "when the owner of digging right discontinued mining business" shall be amended as "when registration of extinction on account of the abandonment of digging right has been effected."

(Amendment to the Precious Metal Control Law) Article 47. The Precious Metal Control Law (Law No.128 of 1950) shall be partially amended as follows: In Article 2 paragraph 3, "(including alluvial ore)" shall be deleted.

(Amendment to the Imperial Mining Development Company Law) Article 48. The Imperial Mining Development Company Law (Law No.82 of 1939) shall be partially amended as follows: In Article 1, "(including alluvial miuing;hereinafter the same)" shall be deleted.

(Amendment to the Commercial Code) Article 49. The Commercial Code (Law No.48 of 1899) shall be partially anended as follows: In Article 4 paragraph 2, "or alluvial mining" shall be deleted.

(Amendment to the National Property Law) Article 50. The National Property Law (Law No.73 of 1948) shall be partially amended as follows: In Article 2 paragraph 1 item 5, "alluvial mining right" shall be deleted.

(Amendment to the Accessions Tax Law) Article 51. The Accessions Tax Law (Law No.73 of 1950) shall be partially amended as follows: In Article 10 paragraph 1 item (2), "or placer mining" and "or placer mining areas" shall be deleted.

(Amendments to the Registration Tax Law) Article 52. The registration Tax Law (Law No.27 of 1896) shall be partially amended as follows: In Article 14, "mining rights" shall be amended as "mining rights (excluding those for alluvial mining)" ;in item (2) of the same Article, "increase or increase and decrease in areas" shall be amended as "increase or increase and decrease in mining areas" , and "decrease in areas" ;shall be amended as "decreaes in mining areas" ;items 3-(2) to 3-(5) inclusive of the same Article shall be deleted;items 4 and 5 of the same Article shall be amended as follows;in items (6-2) and (6-4) of the same Article, "right to the use of digging right" shall be amended as "mining lease" ;in item 6-(3) of the same Article, "right to the use of digging right" shall be demended as "mining lease" ; "increase or increase and decrease in mining areas" shall be amended as "increase or increase and decrease in mining lease areas" , and "decrease in mining areas" shall be amended as "decrease in mining lease areas" ;item 6-(5) of the same Article shall be deleted;in item 7 to the same Article, "Article 35 paragraph 2" shall be amended as "Article 51" ;in item 12 of the same Article, "right to use" shall be deleted;in item 13 of the same Article, "cessation of business" shall be amended as "abandonment" , and in item 13-(2) of the same Article, "right to use" shall be amended as "mining lease" : 4. Establishment of digging right 12,000 yen per case 5. Change in digging right Increase or increase and decrease in mining areas 6,000 yen per case Decrease in mining areas 1,200 yen per case Merger of mining areas 3,000 yen per case Division of mining areas established area 3,000 yen for each In Article 15, "alluvial mining" and "alluvial mining register" shall be amended respectively as "mining right to alluvial minerals" and "mining register" ;items 1 and 2 of the same Article shall be amended as follows;in item 3 of the same Article, "alluvial mining right" shall be amended as "mining right to alluvial minerals" ;in item 3-(2) of the same Article, "right to use" shall be amended as "mining lease of alluvial minerals" , and "digging areas" shall be amended as "mining leases areas" ;in item 3-(3) of the same Article, "right to use" shall be amended as "mining lease of alluvial minerals" , "increase in areas" shall be amended as "increase in mining lease areas" , "digging areas" shall be amended as "mining lease areas" , and "decrease in areas" shall be amended as "decrease in mining lease areas" ;in items 3-(4) and 9-(2) of the same Article, "right to use" shall be amended as "mining lease of alluvial minerals" ;in item 3-(5) of the same Article shall be deleted;in item 4 of the same Article, "Alluvial Mining Law with respect to the application for the merger or division of the alluvial mining areas" shall be amended as "Article 51 of the Mining Law" ;in item 8 of the same Article, "alluvial mining right, right to use" shall be amended as "mining right to alluvial minerals" ;and in item 9 of the same Article, "cessation of business" shall be amended as "abandonment" , and "alluvial mining right" shall be amended as "mining right to alluvial minerals" . 1. Establishment of mining right to alluvial minerals Mining areas: Up to 2 ri long in the river bed 900 yen and for every 100,000 tsubo in other places 2. Change of mining right to alluvial merials Increase in mining areas Mining areas: Up to 2 ri long in the river bed 900 yen and for every 100,000 tsubo in other places Decrease in mining areas 60 yen per case However, this shall not apply to a decrease in mining areas made simultaneously with an increase in them. Merger of mining areas 180 yen per case Division of mining areas established area 180 yen per each 2 The former provisions shall apply to the registration tax imposed or to have been imposed prior to the enforcement of this Law.

(Amendments to the Net Worth Tax Law) Article 53. The Net Worth Tax Law (Law No.174 of 1950) shall be partially amended as follows: In Article 3 paragraph 1 item (2), "or the placer mining right" and "or the placer lot" shall be deleted.

(Amendments to the Local Tax Law) Article 54. The Local Tax Law (Law No.226 of 1950) shall be partially amended as follows: In Article 24 item (6) "placer mining" shall be deleted. In Article 30 paragraph 7, "mining right (including right for digging or quarrying soil and stone), placer mining right" shall be amended as "mining right (including mining lease, stone quarrying right and other rights to dig or obtain sand, clay and stone)" . In Article 178, "or placer mining lot" shall be deleted, and "or length of the lot" shall be amended as "of the lot extension of the river bed in the case of mining areas for mining right to alluvial minerals lying in the river bed)" , and "or placer mining lot" and "or placer mining" shall be deleted. In Article 180 paragraph 1, item (1) shall be amended as follows;item (2) shall be deleted;and in item (3), "placer mining lot" shall be amended as "mine-lot for mining right to alluvial minerals" , and the same item shall be made item (2): (1) Mine-lots for mining right to minerals other than alluvial minerals Prospecting mine-lot Per 1,000 tsubo in area annum 30 yen Working mine-lot Per 1,000 tsubo in area annum 60 yen In Article 183 paragraph 3, "or placer mining lot" shall be deleted. In Article 195, "or placer mining right" shall be deleted. In Article 489 paragraph 1, "or placer mining" shall be deleted;and, in item (3) of the same paragraph, "gold ore, alluvial gold ore" shall be amended as "gold ore, alluvial gold" . In Article 519, "or placer mining" and "or placer mining enterprise" shall be deleted. In Article 743 item (8), "and placer mining" shall be deleted. 2 The former provisions shall apply to the joint obligation of payment of mine-lot tax imposed or to have been imposed prior to the enforcement of this Law, notwithstanding the amended provision of Article 195 of the Local Tax Law.

(Amendment to the National Park Law) Article 55. The National Park Law (Law No.36 of 1931) shall be partially amended as follows: In Article 8 paragraph 2 item 3, "digging of alluvial minerals" shall be deleted.

(Amendments to the Labor Standard Law) Article 56. The Labor Standard Law (Law No.49 of 1947) shall be partially amended as follows: In Article 8 paragraph 2, "sand mining" shall be deleted. In Article 55-(2), "Article 2 paragraph 3 and paragraph 5" shall be amended as "Article 2 paragraphs 2 and 4" .

(Amendment to the Laborer's Accident Compensation Insurance Law) Article 57. The Laborer's Accident Compensation Insurance Law (Law No.50 of 1947) shall be partially amended as follows: In Article 3 paragraph 1 item 1, "placer mining," shall be deleted.

(Amendment to the Explosives Control Law) Article 58. The explosives Control Law (Law No.149 of 1950) shall be partially amended as follows: In Article 17 paragraph 1 item (4), "(Law No.45 of 1905)" shall be amended as "Law No.289 of 1950)" .

(Amendment to the Cabinet Order Concerning the Acquisition of Properties and/or Rights by Foreign Nationals) Article 59. The Cabinet Order concerning the Acquisition of Properties and/or Rights by Foreign Nationals (Cabinet Order No.51 of 1949) shall be partially amended as follows: In Article 3 paragraph 1 item (2), "placer mining rights or other" shall be amended as "or other" .

(Application of Penal Provisions) Article 60. With respect to the application of penal provisions to acts done prior to the enforcement of the new Law, the precedents under the former provisions shall still apply, regardless of the provisions of paragraph 2 of the Supplementary Provisions of the new Law as well as Articles 44, 47, 55 and 58 and the preceding Article.