The Stone Quarrying Law Contents
法令番号: 法律第291号
公布年月日: 昭和25年12月20日
法令の形式: 法律
I hereby promulgate the Stone Quarrying 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.291
The Stone Quarrying Law Contents
CHAPTER I General Provisions(Articles 1-3)
CHAPTER II Stone Quarrying Right(Articles 4-31)
CHAPTER III Stone Quarrying Enterprise(Articles 32-34)
CHAPTER IV Use of Land(Articles 35-37)
CHAPTER V Plea of Protest and Application for Adjudication(Articles 38-39)
CHAPTER VI Miscellaneous Provisions(Articles 40-42)
CHAPTER VII Penal Provisions(Articles 43-45
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to contribute to the promotion of public welfare by establishing the system of stone quarrying right and making the sound development of stone quarrying enterprise.
(Definition)
Article 2. "Stone and rock" as used in this Law shall mean granite, diorite, gabbro, dunite, porphyry, porphyrite, diabase, trachyte, andesite, basalt, conglomerate, sandstone, shale, clayslate, ruff, gneiss, serpentine, crystalline schist, bentionite, acid-clay, diatomadeous earth, pottery stone, mica and vermiculite.
(Validity of Act)
Article 3. The disposition, proceeding or other acts taken in accordance with the provisions of this Law shall be also valid to the successor of a ston equarrying right owner, a person (hereinafter referred to as "a stone quarrying enterprises" ) who is engaged in the quarrying of stone and rock (hereinafter referred to as "stone quarrying enterprise" ), a land owner or other persons having a right relative to the land.
CHAPTER II Stone Quarrying Right
(Content and Nature)
Article 4. A stone quarrying right owner shall have a right to quarry stone and rock in another person's land in accordance with the provisions stipulated by the act of establishment.
2 A stone quarrying right may, only when its content does not interfere with the utilization of a land by a surface right or a tenant right, be established on the land on which the above right is established;provided that the consent of a surface right owner or a tenant right owner shall be obtained.
3 A stone quarrying right shall be regarded as a real right and the provisions concerning the surface right shall apply mutatis mutandis to it.
(Period of Duration)
Article 5. The period of duration of a stone quarrying right shall be set by the act of establishment.
2 The period of duration under the preceding paragraph shall not exceed 20 years. If a stone quarrying right has been established for the period longer than 20 years, the period of duration shall be reduced to 20 years.
Article 6. The duration under the preceding Article may be renewed;provided that it shall not exceed 20 years from the time of renewal.
(Increase or Decrease of Stone Quarrying Fee)
Article 7. When the stone quarrying fee has become remarkably unreasonable due to the fluctuation of price of stone and rock, or increase or decrease of the tax or other public imposts upon the land the person concerned may request for its increase or decrease in future.
(Restoration of Land)
Article 8. A stone quarrying right owner shall, upon expiration of a stone quarrying right, return the land by recovering it to the status quo ante, or by compensating losses sustained because of not recovering it to the status quo ante.
2 The provision of Article 608 paragraph 2 (Compensation of Expenses) of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis to the case under the preceding paragraph.
(Consultation)
Article 9. A person intending to have a stone quarrying right established or a person intending to obtain by transfer a stone quarrying right may, upon obtaining the permission of the Chief of Bureau of International Trade and Industry in accordance with the procedure stipulated by Ministerial Ordinance, consult, in regard to the establishment or transfer of a stone quarrying right, with a land owner and a person having right which he can claim against the third party regarding the land (hereinafter referred to as "the right owner" ), or a stone quarrying right owner.
2 A person who was a stone quarrying right owner may not file the application under the preceding paragraph in regard to the land on which his stone quarrying right had been established, within one year after the extinction of the stone quarrying right.
(Standard of Permission)
Article 10. The Chief of Bureau of International Trade and Industry shall not grant the permission under paragraph 1 of the preceding Article in the following cases:
(1) When the land is the site of, or is used for 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 installations being taken for public use or when the land is the site of buildings;
(2) When another person is operating stone quarrying in the land.
2 The Chief of Bureau of International Trade and Industry shall, in case he grants permission provided for in paragraph 1 of the preceding Article consult beforehand with the governor of To, Do, Fu or prefecture concerned when the land is a protected forest.
(Notice of Permission)
Article 11. The Chief of Bureau of International Trade and Industry shall, upon granting the permission under Article 9 paragraph 1, immediately notify the land owner, the right owner or other person having rights relative to the land or the stone quarrying right owner to that effect.
(Application for Decision)
Article 12. A person intending to have a stone quarrying right established or intending to obtain a stone quarrying right by transfer may apply to the Chief of Bureau of International Trade and Industry for decision in accordance with the procedure stipulated by Ministerial Ordinance, when the consultation under the provisions of Article 9 paragraph 1 can not be made or an agreement can not be reached through the consultation.
(Delivery of Copy of Application, Etc.)
Article 13. The Chief of Bureau of International Trade and Industry shall, upon receiving the application for decision under the provisions of the preceding Article, deliver the copies of the application to the land owner and the right owner or a stone quarrying right owner and shall notify the purport of the application to the persons having right relative to the land other than the right owner.
2 The Chief of Bureau of International Trade and Industry shall, upon delivering the copies of the application in accordance with the provision of the preceding paragraph, immediately ask for the registration of the restriction of disposition under the provision of paragraph 1 or 2 of the following Article.
(Restriction of Disposition)
Article 14. A land owner shall not establish a new right upon the land after he has been delivered the copies of the application under the provision of paragraph 1 of the preceding Article, unless he obtains the permission of the Chief of Bureau of International Trade and Industry, until the decision to reject the application under the provision of Article 12 is made, or until the decision under Article 12 or paragraph 1 of the following Article or the adjudication under Article 39 paragraph 1 loses its validity in accordance with the provision of Article 26 paragraph 1, or until the application for registration of the establishment of a stone quarrying right or the transfer of the ownership of the land is filed on the basis of the decision under Article 12 or paragraph 1 of the following Article.
2 A stone quarrying right owner may not have the stone quarrying right changed or extinguished after he has been delivered the copies of the application under the provision of paragraph 1 of the preceding Article, unless he obtains the permission of the Chief of Bureau of International Trade and Industry, untill the decision to reject the application under the provisions of Article 12 is made, or until the decisions under Article 12 loses its validity in accordance with the provision of Article 26 paragraph 1, or until the application is filed for the registration of transfer of a stone quarrying right on the basis of the decision of Article 12.
3 A person who has applied for the decision under the provision of Article 12 shall, when he has closed or charged the operations after the copies of application were delivered under the provision of paragraph 1 of the preceding Article, compensate for losses sustained by the land owner or the stone quarrying right owner due to the closing or the change of the operations.
(Purchase)
Article 15. When a land owner becomes unable to use the land for the purpose for which it has been used due to the establishment of a stone quarrying right, he may apply to ask the Chief of Bureau of International Trade and Industry to make a decision for the purchase of the land, instead of the decision for the establishment of a stone quarrying right in case the latter decision is to be made. The same shall apply, when a land owner becomes unable, due to the purchase of a part of the land, to use the remaining land for the purpose for which it has been used, to the remaining land.
2 When a right owner becomes unable, due to the change of the right, to use the changed right for the purpose for which it has been used, he may make application for asking the Chief of Bureau of International Trade and Industry to make a decision for the purchase of the changed right, together with the decision for the change of the right in case the latter decision is to be made.
3 The Chief of Bureau of International Trade and Industry shall, upon receiving the application under the preceding two paragraphs, notify the person intending to have a stone quarrying right established to that effect.
(Standard of Decision)
Article 16. The Chief of Bureau of International Trade and Industry shall not give the decision that a stone quarrying right be established, or that the right of the right owner be changed or extinguished, in the following cases:
(1) The cases listed in the items of Article 10 paragraph 1;
(2) When the quarrying of stone and rock on the land is injurious to the health and sanitation, destroys the facilities used for the public, impairs the interests of agriculture, forestry or other industries, or inimical to the public welfare;
(3) When the quarrying of stone and rock on the land has no economic value;
(4) When the quarrying of stone and rock on the land interferes with the stone quarrying operations of another persons.
2 The Chief of Bureau of International Trade and Industry shall, in case he intends to give the decision that a stone quarrying right be established, when the application under the provision of paragraph 1 of the preceding Article has been filed and when he has found that the use of the land for the purpose for which the land has been used has become impossible, give the decision that the land be purchased.
3 The Chief of Bureau of International Trade and Industry shall, in case he intends to make the decision that the right of the right owner be changed, when the application under the provision of paragraph 2 of the preceding Article has been filed and when he has found that the use of the changed right for the purpose for which it has been used has become impossible make the decision to purchase the changed right.
4 The Chief of Bureau of International Trade and Industry shall make the decision that a stone quarrying right be transferred only in the following cases:
(1) When a stone quarrying right owner has suspended his stone quarrying operation for two or more years in succession while there exists no natural disaster or no other unavoidable causes;
(2) When a stone quarrying right owner is actually conducting no operation and when there is no prospect that the stone quarrying operation will be started within 6 months.
(Hearing)
Article 17. The Chief of Bureau of International Trade and Industry shall, when he intends to make a decision under Article 12 or Article 15 paragraph 1, hold a public hearing, requesting the presence of the person intending to have the stone quarrying right established, the person intending to obtain the stone quarrying right by transfer, the land owner, the right owner and other persons having rights relative to the land or the stone quarrying right owner in advance.
2 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 the place of the hearing and make public the same, not later than 1 week prior to the date.
3 In the hearing, the persons concerned shall be given an opportunity to present evidences and state his opinions concerning the case.
(Approval of Land Co-ordination Commission)
Article 18. The Chief of Bureau of International Trade and Industry shall, when he intends to make the decision under Article 12 or Article 15 paragraph 1, obtain the approval of the Land Coordination Commission in advance.
(Matters to be Decided)
Article 19. The Chief of Bureau of International Trade and Industry shall make the decision to establish a stone quarrying right, or to change or to extinguish the right of the right owner, specifying the following matters:
(1) The area of land on which a stone quarrying right is to be established;
(2) The time of the establishment of a stone quarrying right;
(3) The period of duration of a stone quarrying right;
(4) The stone quarrying fee, and the time and means of its payment;
(5) The right of the right owner to be changed or extinguished;and as regards the right of the right owner to be changed, its extent;
(6) When it is decided that the changed right is to be purchased, the changed right to be purchased, the time of purchase, the price and the time and means of payment of the price;
(7) The compensation to be paid to a land owner, the right owner or other persons having rights relative to the land, and the time and means of its payment.
2 The Chief of Bureau of International Trade and Industry shall make the decision to purchase land, specifying the following matters:
(1) The area of the land to be purchased;
(2) The time of purchase of the land;
(3) The price and the compensation to be paid to the right owner and other persons having rights relative to the land, and the time and means of its payment;
(4) The matters enumerated under items (5) and (6) of the preceding paragraph.
3 The Chief of Bureau of International Trade and Industry shall make the decision to transfer a stone quarrying right, specifying the following matters:
(1) The location and its extent of the land for which stone quarrying right is to be transferred;
(2) The time of transfer of a stone quarrying right;
(3) The price, and the time and means of its payment.
(Method of Decision)
Article 20. The decision under Article 12 or Article 15 paragraph 1 shall be made in writing and be accompanied with reasons.
2 The Chief of Bureau of International Trade and Industry shall, upon making the decision under Article 12 or Article 15 paragraph 1, deliver the copies of the writing of decision to the person intending to have a stone quarrying right established or the person intending to obtain a stone quarrying right by transfer and the land owner and other person having rights relative to the land or a stone quarrying right owner.
(Effect of Decision)
Article 21. When a decision under Article 12 or Article 15 paragraph 1 has been made, it shall be regarded that an agreement has been reached in accordance with the decision, between the person intending to have a stone quarrying right established and the land owner, right owner and others having rights on the land on the establishment of stone quarrying right, purchase of land or the change, extinction, or purchase of the rights of the right owner, and between the person intending to obtain transfer of the stone quarrying right and the stone quarrying right owner on the transfer of stone quarrying right respectively.
(Loss of Validity of Permission)
Article 22. In case the consultation under the provisions of Article 9 paragraph 1 can not be made or agreement can not be reached through the consultation when the application under the provision of Article 12 for decision has not been filed within 6 months after the permission under the same paragraph, the permission shall lose its validity.
(Compensation)
Article 23. The amount of compensation under Article 19 paragraph 1 item (7) or paragraph 2 item (3) shall be the one equivalent to the loss or expense as enumerated in the following:
(1) The loss to be usually sustained by the land owner due to the establishment of a stone quarrying right (excluding the portion to be paid as a stone quarrying fee);
(2) The loss to be usually sustained by the right owner due to the change or extinction of the right of the right owner;
(3) The loss to be usually sustained by the right owner or other persons having rights relative to the land due to the establishment of a stone quarrying right or due to the purchase of the land;
(4) The reduced value of the remaining land or the changed right, or other losses to be sustained in regard to the remaining land or the changed right, due to the establishment of a stone quarrying right, the purchase of the land or the change of the right of the right owner;
(5) The expenses for new construction, rebuilding enlargement of or repairing of the passage, drain, fence or other constructions required due to the establishment of a stone quarrying right, the purchase of the land or the change of the right of the right owner.
(Mortgage)
Article 24. When a person, who has had a stone quarrying right established on the basis of the decision under Article 12 is obliged to pay the stone quarrying fee periodically or by instalments, the land owner may request the person who has become a stone quarrying right owner to mortgage things of reasonable value in regard to the stone quarrying fee. In this case, the person who has become a stone quarrying right owner may not refuse to give consent unless he has any justifiable reason.
2 The land owner may apply to the Chief of Bureau of International Trade and Industry for decision when he can not obtain the consent under the preceding paragraph.
3 When the decision under the preceding para graph has been made, it shall be regarded that the consent of the person who has become a stone quarrying right owner has been obtained.
4 The provisions of Article 13 paragraph 1, Article 17 and Article 20 shall apply mutatis mutandis to the decision under paragraph 2.
(Deposit)
Article 25. When a preferential right, a right of pledge or a mortgage exists with regard to the right of the right owner, in case it has been decided under Article 12 or Article 15 paragraph 1 that the right be changed or extinguished, the person who is obliged to pay compensations shall deposit the compensation;provided that this shall not apply when the consent of the owner of the preferential right, the right of pledge or the mortgage has been obtained.
2 In the case under the preceding paragraph, the owner of the preferential right, the right of pledge or the mortgage may execute his right upon the money deposited.
(Loss of Validity of Decision, Etc.)
Article 26. When a person intending to have a stone quarrying right established or a person intending to obtain a stone quarrying right by transfer fails to pay the stone quarrying fee (when the stone quarrying fee is to be paid peridically or by instalments, the first portion to be paid), the compensation or the price by the deadline of the payment, the permission under Article 9 paragraph 1, the consultation under the provision of the same paragraph, the decision under Article 12 or Article 15 paragraph 1 or the adjudication under Article 39 paragraph 1 shall lose its validity.
2 The provision of the preceding paragraph shall not prevent the land owner or the right owner or other person having rights relative to the land, or a stone quarrying right owner from requesting the compensation of loss.
(Crossing Out of Registration of Restriction of Disposition)
Article 27. When a decision has been made to reject the application under the provisions of Article 12, or when an application has been filed by the land owner or the stone quarrying right owner in case the decision under Article 12 or Article 15 paragraph 1 or the adjudication under Article 39 paragraph 1 has lost its validity in accordance with the provision of paragraph 1 of the preceding Article, or the time of the establishment of stone quarrying of Article 19 paragraph 1 item (2), the time of purchase of land of paragraph 2 item (2) of the same Article or the time of transfer of stone quarrying right of paragraph 3 item (2) of the same Article has come, the Chief of Bureau of International Trade and Industry shall ask for the crossing out of the registration of restriction of disposition under Article 13 paragraph 2.
(Decision of Renewal of Period of Duration)
Article 28. A stone quarrying right owner may, when he can not consult with the land owner or an agreement can not be reached through the consultation in regard to the renewal of the period of duration of a stone quarrying right, apply of the Chief of Bureau of International Trade and Industry for the decision, within 3 months to 6 months prior to the expiration of the period of duration, in accordance with the procedure as stipulated by Ministerial Ordinance.
Article 29. The Chief of Bureau of International Trade and Industry shall not make the decision to stipulate a renewal of the period of duration of a stone quarrying right in the following cases:
(1) When a stone quarrying right owner has neglected the payment of stone quarrying fee at the time of its payment;
(2) When a stone quarrying right owner has suspended the stone quarrying operation for more than two years consecutively;
(3) The cases enumerated in cach item of Article 16 paragraph 1.
2 The Chief of Bureau of International Trade and Industry shall, when he makes a decision on the stipulation for the renewal of the period of duration of a stone quarrying right, decide the period of duration after the renewal.
(Application Mutatis Mutandis)
Article 30. The provisions of Article 13 paragraph 1, Article 15 paragraphs 1 and 3, Article 16 paragraph 2, Article 17, Article 18, Article 19 paragraph 2, Article 20, Article 21, Article 24 and Article 26 shall apply mutatis mutandis to the decision of Article 28.
(Registration Based on Decision)
Article 31. The registration of the establishment or transfer of a stone quarrying right based on the decision under Article 12, the transfer of the ownership of land based on the decision under Article 15 paragraph 1, the transfer of the right, other than the ownership of land, based on the decision under Article 12 or Article 15 paragraph 1, or the renewal of the period of duration of a stone quarrying right based on the decision under Article 28 may be applied for by a right owner of registration separately.
2 When it has been decided in the decision under Article 12 or Article 15 paragraph 1 that the right relative to land other than the land ownership be changed or extinguished, the registration of change of the said right or the crossing out of the registration regarding the said right may be applied for also by the person who has had a stone quarrying right established or who has purchased the land.
3 The application under the provisions of preceding two paragraphs shall be accompanied with the certificate of receipt of compensation and consideration (as regards the registration of establishment of stone quarrying right, the compensation and the first portion of the stone quarrying fee to be paid) or the certificate of receipt of deposit;provided that the same shall not apply to the application for the registration of renewal of the period of duration of a stone quarrying right.
4 The provisions of Article 103 paragraph 2 and Article 103-(2)(Registration in case of Expropriation of Land) of the Immovable Property Registration Law (Law No.24 of 1899) shall apply mutatis mutandis to the registration under paragraphs 1 and 2.
5 The provisions of Article 56 paragraph 1 and Article 146 paragraph 1 (Written Consent of Persons Interested, Etc.) of the Immovable Property Registration Law shall not apply to the registration under paragraph 2.
CHAPTER III Stone Quarrying Enterprise
(Report)
Article 32. A stone quarrying enterpriser shall, upon starting the quarrying operation, report the location of the stone quarrying plant and the date of start to the Chief of Bureau of International Trade and Industry without delay.
2 A stone quarrying enterpriser shall, upon suspending, reopening or closing the quarrying operation, report to the Chief of Bureau of International Trade and Industry to that effect.
(Protection of Public Interest)
Article 33. The Chief of Bureau of International Trade and Industry may, when he finds that the quarrying of stone and rock is destroying the facilities being used for the public or injuring the interests of agriculture, forestry or other industries, or noticeably injuring public welfare, order the stone quarrying right owner to take necessary measures for the prevention thereof.
2 The Cnief of Bureau of International Trade and Industry shall, when he intends to give an order under the provision of the preceding paragraph, hold a public hearing, requesting the presence of the stone quarrying right owner 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 stone quarrying right owner concerned of the purport of the case, and the date and the place of the hearing and make public the same, not later than one week prior to the date.
4 In the hearing, the stone quarrying right owner and the person interested shall be given an opportunity to present an evidence and state an opinion concerning the case.
(Consultation with Mining Concession Owner)
Article 34. When the area of land in which stone quarrying is operated, and a mine-lot are overlapped, the stone quarrying enterpriser or the mine concession owner (in the case of a leased mine-lot, its mining leaseholder;hereinafter the same applies to corresponding cases) may confer with the mine concession owner or the stone quarrying enterpriser on the operation of enterprise.
2 A stone quarrying enterpriser or a mine concession owner may apply to the Chief of the Bureau of International Trade and Industry for decision, when the consultation under the preceding paragraph cannot be made or an agreement cannot be reached thereon through such consultation.
3 The Chief of the Bureau of International Trade and Industry shall, upon receiving the application for decision under the provisions of the preceding paragraph, deliver the copies of the application to the mine concession owner or the stone quarrying enterpriser concerned and hold a public hearing, requesting the presence of the person concerned.
4 The Chief of the Bureau of International Trade and Industry shall, when he intends to hold a hearing under the preceding paragraph, notify the person concerned of the purport of the case, the date and the place of the hearing, and make public the same, not later than one week prior to that date.
5 In the hearing, the applicant shall be given an opportunity to present evidence relative to the case and state his opinion thereon.
6 The Chief of the Bureau of International Trade and Industry shall, when he has made the decision under item (2), shall deliver the copies of the decision to the person concerned.
7 When the decision under item (2) has been made, it shall be deemed that an agreement has been reached among the persons concerned in accordance with the decision.
CHAPTER IV Use of Land
(Purpose of Use)
Article 35. A stone quarrying enterpriser may, when it is necessary and appropriate to utilize another person's land at the land on which he operates quarrying of stone and rock or in its neighborhood for the following purposes and it is extremely difficult to replace the said land with other lands, use the said land;provided that in case the land is utilized for the purpose listed in item (2), the same shall apply only when the land is not the site of, or is not used for railways, tracks, roads, waterways, canals, harbors, bays, rivers, lakes, swamps, ponds, bridges, river banks, dams, irrigation or drain facilities, parks, grave-yards, schools, hospitals, libraries or other installations being taken for public use, or the site of buildings, arable lands or a protected forest:
(1) Construction of railways, tracks, ropeways, roads or other facilities for transporting stone and rock;
(2) Construction of dumping ground of rejected stones.
(Permission and Public Notice)
Article 36. The stone quarrying right owner shall, when he intends to use other's land under the provision of the preceding Article, receive a permission by applying to the Chief of Bureau of International Trade and Industry according to the procedure as stipulated by Ministerial Ordinance.
2 The Chief of Bureau of International Trade and Industry shall, upon receiving the application for permission under the provision of the preceding paragraph, consult with the governor of To, Do, Fu or prefecture concerned, and hold a public hearing, requesting the presence of the stone quarrying right owner, the land owner and the persons having rights on the land.
3 The Chief of Bureau of International Trade and Industry shall, when he intends to hold a hearing under the preceding paragraph, notify the parties concerned of the date and the place of the hearing as well as the gist of case and make public the same, not later than one week prior to the date.
4 In the hearing, the persons concerned shall be given an opportunity to present evidence and their opinions.
5 The Chief of Bureau of International Trade and Industry shall, when he has given the permission under paragraph 1, make public the following items:
(1) Name and address of individuals and firms who intend to use the lands;
(2) Purpose of the use;
(3) Location and dimension of the land to be used.
(Application of the Land Expropriation Law)
Article 37. The provisions of the Land Expropriation Law (Law No.29 of 1900) shall apply on the use of the land under the provisions of Article 35 unless otherwise provided for by this Law
2 With regard to the use of land provided for in Article 35, it shall be regarded that authorization of business or a public notice is given under the provisions of Article 12 or Article 14 of the Land Expropriation Law, when the permission or public notice provided for in paragraph 1 or paragraph 5 of the preceding Article has been given.
CHAPTER V Plea of Protest and Application for Adjudication
(Plea of Protest)
Article 38. A person who is dissatisfied with the disposition of the Chief of Bureau of International Trade and Industry under the provisions of this Law or orders based on this Law may, file a plea of protest with the Minister of International Trade and Industry;provided that the same shall not apply to the matters with respect to which the application for adjudication may be filed with the Land Coordination Commission in accordance with the provisions of the following Article.
2 The provisions of Chapter VII (Plea of Protest) of the Mining Law (Law No.289 of 1950) shall apply mutatis mutandis to the plea of protest under the preceding paragraph.
(Application for Adjudication)
Article 39. A person who is dissatisfied with the decision under Article 12 (excluding one concerning the transfer of the stone quarrying right), the decision under Article 15 paragraph 1 (including the case where this applies mutatis mutandis in Article 30), the decision under Article 28, the permission or rejection under Article 36 paragraph 1, or adjudication or decision on the use of land under the provisions of the Land Expropriation Law which apply in accordance with the provision of Article 37 paragraph 1, may apply for the adjudication of the Land Coordination Commission.
2 With regard to the items for which an application for an adjudication of the Land Adjustment Committee con be made in accordance with the provision of the preceding paragraph, no plea may be instituted under the provision of Article 81 paragraph 1 of the Land Expropriation Law.
CHAPTER VI Miscellaneous Provisions
(Fee)
Article 40. The person listed in the left column of the following Table shall pay the fee the amount of which is prescribed by Cabinet Order within the limit of the sum listed in the respective column on the right of the same Table:
Aperson who shall pay the fee:
Sum
(1)A person applying for the permission under the provision of Article 9 paragraph
1.3,000 yen per case
(2)A person applying for the decision under the provisions of Article 12.
3,000 yen per case
(3)A person applying for the decision under the provisions of Article 28.
3,000 yen per case
(4)A person applying for the decision under the provisions of Article 34 paragraph 2.
1,000 yen per case
(5)A person applying for the permission of using land under the provision of Article 36 paragraph 1.
3,000 yen per case
(Public Announcement)
Article 41. The Chief of Bureau of International Trade and Industry shall, when he has executed any disposition in accordance with with the provisions of this Law or order based on this Law, publish the gist thereof in accordance with the procedures as provided for by Ministerial Ordinance.
(Report and Inspection)
Article 42. The Minister of International Trade and Industry and the Chief of Bureau of International Trade and Industry may, within the limit of necessity for the enforcement of this Law, collect reports from the stone quarrying right owner on the status of his busimess, or cause the official to enter the stone quarrying plant or the business office to inspect the status of business, or examine his 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 of inspection under paragraph 1 shall not be construed as having been authorized for the criminal investigation.
CHAPTER VII Penal Provisions
Article 43. Any person who has violated the order under the provisions of Article 33 paragraph 1, shall be punished with penal servitude not exceeding one year or a fine not exceeding 100,000 yen.
Article 44. 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 not made the report under the provisions of Article 32 or has made a false report;
(2) A person who has not made the report under the provision of Article 42 paragraph 1 or has made a false report;
(3) A person who has refused, prevented or evaded the inspection under the provision of Article 42 paragraph 1.
Article 45. When a representative of a juridical person or a proxy, employee or any other worker of a juridical person or natural person has committed the violation under the provisions of the preceding two Articles in connection with its business, 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 shall not apply to the cases where there are proofs that due caution and supervision over the representatives, employees and other workers of the juridical person or the natural person have been exercised to prevent such act of violation in the business.
Supplementary Provisions:
1. The date of enforcement of this Law shall be prescribed by a Cabinet Order which is to be issued within 6 months from the date of promulgation.
2. The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
In Article 2 paragraph 1 item (6), "or a lease" shall be amended as "a lease or a stone quarrying right" .
3. The Immovable Property Registration Tax Law shall be partially amended as follows:
The following one item shall be added to Article 1:
(6) A stone quarrying right.
Article 127-(2) shall be made Article 127-(3);and the following one Article shall be added as Article 127-(2):
Article 127-(2). In case an application is filed for registration of establishment or transfer of a stone quarrying right, the extent of the establishment of the stone quarrying right and its period of duration shall be entered in the application, and if there are stipulations of the content, the stone quarrying fee and the time of the payment thereof in the cause of registration, the same shall be entered.
Prime Minister YOSHIDA Shigeru
Attorney-General OHASHI Takeo
Minister of International Trade and Industry YOKOO Shigemi