CHAPTER I Organization and Powers

(Purpose) Article 1. The purpose of this Law is to define clearly the scope of responsibilities and powers of the Land Coordination Commission and to provide for an organization fit for the efficient performance of the affairs under the jurisdiction of the Land Coordination Commission.

(Establishment) Article 2. There shall be established the Land Coordination Commission (hereinafter referred to as "the Commission" ) as an external organ of the Prime Minister's Office in accordance with the provision of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948).

(Responsibilities) Article 3. The Commission shall have the following responsibilities in order to maintain coordination between the mining or stone quarrying interest and the public interest in general or the interest of agriculture, forestry or other industries: (1) Matters related to the designation of area prohibited from mining; (2) Matters related to the adjudication of the protest in respect of the establishment of mining right or stone quarrying right, etc.; (3) Matters related to the adjudication of the protest in respect of the use or expropriation of land for mining or stone quarrying.

(Powers) Article 4. The Commission shall, for the performance of its responsibilities provided for by this Law, have the powers as listed below. However, the exercise of the powers shall be in conformity with laws (including orders issued thereunder): (1) To make, within the limits of budgetary appropriation, obligations necessary for the performance of its responsibilities; (2) To collect revenues and to make payments necessary for the performance of its responsibilities; (3) To establish and manage offices, etc. directly required for the performance of its responsibilities; (4) To procure stationery, etc. directly required for the performance of its responsibilities; (5) To administer personnel affairs, including appointment, dismissal, reward and discipline; (6) To prepare, publish and distribute statistics and data related to its responsibilities; (7) To disseminate information to the public concerning its responsibilities; (8) To adopt official seals of the Commission; (9) To designate area prohibited from mining or cancel such designation; (10) To adjudicate the protest in respect of the establishment of mining right or the increase or decrease of mining area; (11) To adjudicate the protest in respect of the cancellation of mining right; (12) To adjudicate the protest in respect of the establishment of stone quarrying right; (13) To adjudicate the protest in respect of the use or expropriation of land for mining or stone quarrying; (14) To approve the decision in respect of the establishment of the stone quarrying right; (15) In addition to those listed in the preceding items, such powers as are placed under the charge of the Commission by laws (including orders issued thereunder).

(Performance of Functions) Article 5. The Chairman and the Commissioners of the Commission shall perform their functions independently.

(Organization) Article 6. The Commission shall be composed of the Chairman and four (4) Commissioners.

(Appointment of Chairman and Commissioners) Article 7. The Chairman and the Commissionners shall be appointed by the Prime Minister with the consent of both Houses of the National Diet from among persons who are nobleminded and capable of making fair judgement concerning the public welfare and who are learned and experienced in law or economy. 2 If the consent of both Houses cannot be obtained as the National Diet is in recess or the House of Representatives has been dissolved, when the term of office of the Chairman or the Commissioner expires or a vacancy occurs, the Prime Minister may appoint the Chairman or the Commissioner from among persons who are noble-minded and capable of making fair judgement concerning the public welfare and who are learned and experienced in law or economy notwithstanding the provision of the preceding paragraph. 3 In the case under the preceding paragraph, it shall be necessary to obtain ex post facto approval of both Houses of the National Diet which is to be convened for the first time after such appointment. In this case, when the ex post facto approval of both Houses cannot be obtained, the Prime Minister shall dismiss the Chairman or the Commissioner.

(Term of Office) Article 8. The term of office of the Chairman and the Commissioners shall be five (5) years. However, the Chairman or the Commissioner to fill a vacancy shall hold his office for the remainder of the term of office of his predecessor. 2 The Chairman and the Commissioners may be reappointed.

(Guarantee of Status) Article 9. The Chairman and the Commissioners shall not be dismissed, against his will, from office during his tenure of office except for the case coming under any one of the following items: (1) When he has been declared legally incompetent, quasi-incompetent or bankrupt; (2) When he has been sentenced to imprisonment or heavier penalty; (3) When the Commission has decided that he is incapable of discharging his duties on account of physical or mental disabilities or that he has violated his official obligations or committed a misconduct ill befitting the Chairman or the Commissioner.

(Dismissal from Office) Article 10. The Prime Minister must dismiss the Chairman or the Commissioner when he has come to fall under any one of the items of the preceding Article.

(Chairman) Article 11. The Chairman shall preside over the affairs of the Commission and represent it. 2 The Commission shall select, in advance, a person from among the Commissioners who will act in place of the Chairman in case he is incapacitated.

(Meeting) Article 12. Meetings of the Commission shall not be opened nor decisions be made without the attandance of the Chairman and two (2) or more Commissioners. 2 The proceedings of the Commission shall be decided by a majority of the votes of the Commissioners who are present. In case of a tie, the decision shall be made by the Chairman. 3 The decisions under the provision of Article 9 item (3) shall be made, notwithstanding the provision of the preceding paragraph, with the unanimous concurrence of all the Commissioners excluding the Commissioner concerned.

(Compensation) Article 13. The compensation of the Chairman and Commissioners shall be provided for by law separately.

(Prohibition of Specific Acts) Article 14. The Chairman and Commissioners shall not, during their tenure of office, engage in any of the following activities: (1) To become a member of the National Diet or that of an assembly of a local public body, or a candidate for any elective public office or to engage actively in political activities; (2) To engage in any other remunerative work except for the case where the permission of the Prime Minister has been obtained; (3) To engage in a profit-making enterprise or to carry on any other money-making business.

(Establishment of Regulations) Article 15. The Commission may, concerning its responsibilities, establish the Land Coordination Commission Regulations for enforcing laws and Cabinet Orders or on the basis of the special mandate by laws and Cabinet Orders.

(Hearing) Article 16. The Commission may hold a hearing to ask for the opinion of the public in general, in order to discharge fairly its duty.

(Report, Investigation, etc.) Article 17. The Commission may require the administrative organ concerned to submit necessary reports, informations or data.

Article 18. The Commission may entrust any other administrative organ, a school, an experimental laboratory, an enterpriser, an enterprisers'association, the learned or the experienced with the work of making necessary investigations;provided that such investigations are not conducted in a manner contrary to the provisions of the Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade (Law No.54 of 1947) and the Trade Association Law (Law No.191 of 1948).

(Report to National Diet) Article 19. The Commission shall submit to the National Diet, through the Prime Minister, an annual report on the condition of the performance of its responsibilities and shall make public the summary thereof.

(Executive Office) Article 20. The Executive Office of the Commission shall execute the business of the Commission. 2 The Executive Office of the Commission shall have a Director and other personnel. 3 The fixed number of personnel of the Executive Office of the Commission shall be provided for by law separately. 4 The personnel of the Executive Office of the Commission shall include persons who have knowledges and experiences in mining, stone quarrying, agriculture, forestry or other industries, or in laws and orders related with these industries and those qualified for the lawyer.

Article 21. Appointment, dismissal, promotion, disciplinary punishment and other personnel affairs of the personnel of the Executive Office of the Commission shall be subject to the provisions of the National Publie Service Law (Law No.120 of 1947).

CHAPTER II Designation of Area Prohibited from Mining and Cancellation Thereof

(Application for Designation) Article 22. The Ministers (meaning the Ministers who shall divide among themselves administrative affairs and be in charge of their respective shares thereof in accordance with the provision of Article 3 paragraph 1 of the Cabinet Law (Law No.5 of 1947);the same hereinafter) or the governor of To, Do, Fu or prefecture may apply to the Commission for the designation of a land as an area prohibited from mining. 2 When the application under the preceding paragraph has been made, the Commission shall make publicity to that effect immediately.

(Designation) Article 23. The Commission shall designate the land concerned as the area prohibited from mining, when it deems it improper to dig and obtain minerals in the land concerned as compared with the public interest in general, or agriculture, forestry or other industries, after hearing the opinion of the Minister of International Trade and Industry, the public opinion by holding a hearing, and the statement of a land owner, one holding a right on a land, a mining right owner, a mining applicant or other interested persons, without delay, after the publication under the provision of paragraph 2 of the preceding Article has been made. 2 Any person who is asked to give his opinion in accordance with the provision of the preceding paragraph may give his opinion in writing. 3 When the designation or the rejection of designation is made in accordance with the provision of paragraph 1, the reason therefor shall be made clear. 4 When the Commission has made the disignation or the rejection of designation in accordance with the provision of paragraph 1, it shall notify it to the Minister or the governor of To, Do, Fu or prefecture who has applied for designation and shall make it public. 5 The designation under the provision of paragraph 1 shall come into force as from the day when thirty (30) days have elapsed from the day of its publication.

(Cancellation of Designation) Article 24. The Ministers or the governor of To, Do, Fu or prefecture may apply to the Commission for the cancellation of designation of the area prohibited from mining. 2 The provisions of Article 22 paragraph 2 and the preceding Article shall apply mutatis mutandis to the case under the preceding paragraph.

CHAPTER III Adjudication

(Period for Application) Article 25. The application for adjudication under the provisions of Article 187 of the Mining Law (Law No.289 of 1950) or of Article 39 of the Stone Quarrying Law (Law No.291 of 1950) shall be made in writing with reasons clarified within thirty (30) days, in the case of a person to receive the report of disposal, from the day when he has received the report or in the case of other persons, from the day of the publication of disposal. 2 Where any person has made it credible that he could not apply for adjudication within the period under the preceding paragraph due to reasonable cause, he may apply for adjudication even after the period under the same paragraph has elapsed.

(Rejection of Application) Article 26. When the Commission deems an application for adjudication to be not in conformity with the requirement of laws, it shall reject it immediately. 2 The decision of rejection under the provision of the preceding paragraph shall be rendered in writing accompanied by the reason, and the Chairman and the Commissioners attending the meeting shall sign the same and affix their seals thereto. 3 A minority opinion may be attached to the written decision. 4 The Commission shall serve the exemplification of the written decision upon the applicant.

(Application and Execution of Disposal) Article 27. An application for adjudication shall not suspend the execution of disposal. However, the Commission may, if it deems it urgent necessity to avoid irreparable damages which may be caused by the execution of disposal, suspend such execution on application or ex officio. 2 The Commission shall, in case it has made the decision under the provision of the proviso to the preceding paragraph, notify it to the applicant, the administrative organ which has taken the disposal (hereinafter referred to as "the disposing agency" ) and opponent of the disposal, and at the same time shall make publicity to that effect.

(Service of Copy of Written Application) Article 28. The Commission shall, upon the receipt of application for adjudication, serve a copy of the written application upon the disposing agency and the governor of the To, Do, Fu, or prefecture concerned.

(Filing of Written Relpy, etc.) Article 29. The disposing agency shall file the written reply, and the governor of To, Do, Fu or prefecture shall file the written opinion, with the Commission, not later than the date fixed by the Commission when a copy of the written application has been served upon him in accordance with the provisions of the preceding Article.

(Commencement of Proceedings for Hearing) Article 30. The proceedings for a hearing shall commence from the time when the copy of written application is served upon the disposing agency in accordance with the provisions of Article 28.

(Date and Place of Hearing) Article 31. The Commission shall fix the date and place of the hearing and notify it to the applicant and the disposing agency. 2 The Commission shall, in case it has made the notification under the provision of the preceding paragraph, make public the gist of the case as well as the date and place of the hearing.

(Opening of Hearing) Article 32. All hearings shall be open. However, in case it is deemed necessary for the public interest, a hearing may be closed to the general public.

(Disposal for Investigations) Article 33. The Commission may, for conducting necessary investigations into the case, upon the application of the parties concerned with the case or ex officio, take the following disposals: (1) To summon and hear the statement of the parties concerned with a case or witnesses or cause them to submit their opinions or reports; (2) To summon experts and cause them to give export testimony; (3) To order person possessing documents and other articles to submit the same, and detain any article submitted; (4) To enter any place of business and examine conditions of business operation. 2 The Commission may, in case it deems it proper, cause its Commissioners or its personnel to take the disposals under the preceding paragraph. 3 The Commissioners or personnel who enter and examine in accordance with the provision of the preceding paragraph shall carry with them certificates showing their status and shall present them to the persons concerned. 4 The examination under the provision of paragrarh 1 item (4) or paragraph 2 shall not be interpreted as authorized for the criminal investigation.

Article 34. The provisions of Articles 258,259 (Tender of Evidence) and 285 to 289 inclurive (Oath) of the Code of Civil Procedure (Law No.29 of 1890) shall apply mutatis mutandis to the proceedings of the Commission (including the Commissioners or personnel who take the disposal in accordance with the provision of Article 33 paragraph 2;hereinafter the same in this Article) in hearing the statement of the parties concerned with the case;and the provisions of Articles 258 and 259 (Offering of Evidence),271 to 274 inclusive (Duty of Becoming Witness),280 to 282 inclusive (Refusal of Testimony),285 to 291 inclusive (Oath),302 (Duty of Becoming Expert) and 307 (Written Oath of Expert),313 and 314 (Presentation of Document) of the same Code shall apply mutatis mutandis to the proceedings of the Commission in hearing the statement of witnesses, ordering expert testimony of experts or filing of documents in the hearing. 2 In the case of the preceding paragraph, "the Court" and "the Presiding Judge" shall respectively read "the Land Coordination Commission" and "the Chairman."

(Expression of Opinions) Article 35. The administrative organ concerned or the interested persons may, with respect to a case, express its or their opinions to the Commission.

(Participation) Article 36. The Commission may, if it deems it necessary, on application or ex officio, require a third person interested in the result of the adjudication to participate in the proceedings for hearing as concerned party. 2 In the case of the preceding paragraph, the Commission shall previously hear the statement of the applicant and the said third person.

Article 37. The administrative organ concerned may, if it deems it necessary in the public interest, participate in the proceedings for hearing as a concerned party with the consent of the Commission.

(Representative) Article 38. The parties concerned with a case may appoint lawyers as their representatives.

(Record) Article 39. The Commission shall make a record with respect to a case. 2 Any person may inspect the record under the preceding paragraph in accordance with the Land Coordination Commission Regulations.

(Counsel) Article 40. Adjudication shall be made by counsel of the Chairman and Commissioners.

Article 41. Counsel of the Commission shall not be opened to the public.

(Adjudication) Article 42. An adjudication shall be rendered in writing accompanied by the reason, and the Chairman and the Commissioners attending the meeting shall sign the same and affix their seals thereto. 2 A minority opinion may be attached to the written adjudication. 3 The Commission shall serve the exemplification of the written adjudication upon the applicant, the participator, the disposing agency and the governor of the To, Do, Fu or prefecture concerned. 4 The adjudication shall be made public without delay.

Article 43. The adjudication shall take effect from the time when the exemplification thereof has reached the applicant.

(Binding Force of Adjudication) Article 44. The adjudication rendered by the Commission shall be binding upon the disposing agency and the administrative authorities concerned with such adjudication.

Article 45. If, in cases where the permission (kyoka) or approval (ninka) of the administrative authorities shall be requested in accordance with the provisions of the Laws mentioned below or orders issued thereunder in respect of the creation or alteration of the rights settled on the land and of how to use the land, the adjudication concerning the use or the expropriation of the land has been rendered by the Commission, the permission (kyoka) or approval (ninka) of the administrative authorities concerned shall be deemed to have been obtained within the scope of the adjudication: Forest Law (Law No.43 of 1907) National Park Law (Law No.36 of 1931) Agricultural Land Adjustment Law (Law No.67 of 1938)

(Copying of Records, etc.) Article 46. Any interested person may demand of the Commission the copying of the records or may ask the Commission for copy or extract of the written adjudication.

(Fee for Expert) Article 47. Experts who have been ordered to give expert testimony in a hearing in accordance with the provision of Article 33 paragraph 1 item (2) or paragraph 2 shall receive the fee as provided for by Cabinet Order.

(Procedures) Article 48. Excepting those as provided for in this Chapter, the procedures as to the adjudication shall be provided for by the Land Coordination Commission Regulations.

CHAPTER IV Legal Suits

(Institution of Suit) Article 49. Any person who is dissatisfied with the adjudication or the decision of rejection of an application for adjudication, of the Commission, may institute a suit within sixty (60) days after the date on which the exemplification of the written adjudication or of the written decision has reached him. As for any person upon whom the exemplification of the written adjudication has not been served, the term under the preceding paragraph shall be reokened from the date of the publication under the provision of Article 42 paragraph 4. 3 When any person has made it credible that he could not institute a suit within the term under paragraph 1 due to reasonable cause, he may institute such suit even after the term under the same paragraph has elapsed.

Article 50. A suit on the matters with respect to which the adjudication may be applied for, may be instituted only against the adjudication.

(Sending of Record) Article 51. The Commission shall send the records of the case concerned (including testimonies of parties concerned with a case, witnesses or experts and any other articles that may be used as evidence in Court) to the Court concerned within thirty (30) days after the service of the letter of petition.

(Binding Force of Finding of Facts) Article 52. In respect of a suit against the adjudication of the Commission, the finding of facts made by the Commission, when any substantial evidence to prove the said finding extists, shall be binding upon the Court. 2 It shall be determined by the Court whether the substantial evidence under the provision of the preceding paragraph exists or not.

(New Evidence) Article 53. The party concerned may submit to the Court any new evidence relevant to the said case only in the case coming under any one of the following items: (1) When the Commission has failed, without reasonable cause, to take cognizance of the said evidence; (2) When, at the hearing of the Commission, it has been impossible to submit the said evidence, without any negligence on the part of the party concerned. 2 In the case as listed in each item of the preceding paragraph, the party concerned shall make the reason thereof clear. 3 In case the Court deems it necessary to examine the new evidence under the provision of paragraph 1, it may itself examine the evidence or may send the case back to the Commission and order it to take suitable measures after examining the said evidence. 4 The provisions of the preceding three paragraphs shall not preclude the application of Article 9 of the Law for Special Regulations concerning the Procedure of Administrative Litigations (Law No.81 of 1948).

(Revocation of Adjudication) Article 54. The Court may revoke the adjudication of the Commission when it comes under any one of the following items: (1) When the facts upon which the adjudication is based are not supported by substantial evidence; (2) When the adjudication is contrary to the Constitution or any other laws and orders.

(Modification of Adjudication) Article 55. The Court may, when it deems that the contents of the adjudication with respect to the application of the Constitution and any other laws and orders are arbitrary or unreasonable, modify the said adjudication. 2 The Court may, in the case of the preceding paragraph, itself make a judgment of the modifications of send the case back to the Commission indicating the modifications to be made.

(Revocation of Decision of Rejection) Article 56. The Court shall, when it revoked the decision of rejection of the application for adjudication, send the case back to the Commission.

(Exclusive Jurisdiction) Article 57. The exclusive jurisdiction in the suits against the adjudication or the decision of rejection of an application for adjudication, of the Commission shall rest with the Tokyo High Court.

(Exception to Direction, etc. of Attorney-General) Article 58. The provisions of Article 6 paragraphs 1 and 2 of the Law concerning the Authority of the Attorney-General in the Judicial Procedure in which the Interests of the State are Involved (Law No.194 of 1947) shall not apply to the suits against the adjudication or the decision of rejection of the application for adjudication, of the Commission.

CHAPTER V Penal Provisions

Article 59. Any person who has refused, obstructed or evaded the examination under the provision of Article 33 paragraph 1 item (4) or paragraph 2 shall be punished with penal servitude not exceeding six (6) months or a fine not exceeding ten thousand (10,000) yen.

Article 60. When a representative of juridical person or a proxy, employee or any other worker of a juridical person or of a natural person has committed the violation under the provisions of the preceding Article in connection with its or his business, the said juridical person of the said natural person shall be punished with a fine under the preceding Article 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 of a natural person have been exercised to prevent such acts of violation in the business.

Article 61. When a witness or an expert who has sworn in accordance with the provisions of Article 34 has made a false statement or expert testimony, he shall be punished with penal servitude not less than three (3) months and not exceeding ten (10) years. 2 The punishment under the preceding paragraph may be reduced or remitted if the offender has retracted his false statement or expert testimony prior to the adjudication being made or the final and conclusive judgement being rendered.

Article 62. When a party concerned who has sworn in accordance with the provisions of Article 34 has made a false statement, he shall be liable to a non-criminal fine not exceeding five thousand (5,000) yen.

Article 63. Any witness or expert who has refused without reasonable cause the oath under the provisions of Article 34 shall be punished with a fine not exceeding five thousand (5,000) yen.

Article 64. Any person coming under any one of the following items shall be punished with a fine not exceeding five thousand (5,000) yen. (1) Any person who, in violation of the disposal taken against a witness in accordance with the provision of Article 33 paragraph 1 item (1) or paragraph 2, without reasonable cause, has failed to appear, to give testimony or to submit reports; (2) Any person who, in violation of the disposal taken against a witness in accordance with the provision of Article 33 paragraph 1 item (1) or paragraph 2, has submitted false reports; (3) Any person who, in violation of the disposal taken against an expert in accordance with the provision of Article 33 paragraph 1 item (2) or paragraph 2 without reasonable cause, has failed to appear or to give expert testimony; (4) Any person other than the parties concerned with the case who, in violation of the disposal taken against a holder of articles in accordance with the provision of Article 33 paragraph 1 item (3) or paragraph 2 without reasonable cause, has failed to submit such articles.