The Port and Harbor Law (Law No.218 of 1950) shall be partially amended as follows:
In the Contents, "(Articles 42·43)" shall be amended as "(Article 42-43-(3))" .
In Article 2 paragraph 5 item (2), "sand groins" shall be amended as "sand groins, sea walls" ; "locks, levees and seashore levees" as "locks, levees, seashore levees, jettys and parapets" ;in item (3) of the same paragraph, "floating piers and landing places" as "floating piers, landing places and slip ways" .
The following one item shall be added to paragraph 5 of the same Article:
(10) Sites of port facilities: Sites of the facilities mentioned in the preceding items.
In the same Article, paragraph 7 shall be made paragraph 8;paragraph 6 be made paragraph 7;and the following one paragraph be added next to paragraph 5:
6 Those facilities as referred to in the items of the preceding paragraph, which are located outside of the port area and water-front area, shall be regarded as port facilities, if admitted as such by the Minister of Transportation upon application of the Port Management Body.
In Article 3, "exclusively" shall be deleted and the following proviso shall be added to the same Article:
;provided that this shall not apply to such designated ports as will be prescribed by Cabinet Order.
In Article 4 paragraph 1, "through the decision of respective local assemblies, and by mutual agreement through consultation taking in advance the procedures prescribed in paragraphs 3 and 4" shall be deleted, and paragraph 3 of the same Article shall be amended as follows:
3 Any local public entity concerned which intends to establish a Port Authority shall in advance, through the decision of its local assembly, make public the intention to establish a Port Authority separately or jointly, the scheduled port area and the period within which other interested local public entities are to offer their opinions on the matter and shall, upon offering of such opinions, have a consultation therewith;provided that the period within which the interested local public entities are to offer their opinions shall not be shorter than one month.
In paragraph 4 of the same Article, "When the mutual agreement on the establishment of the Port Authority as provided for in paragraph 1 has been reached,........................, according to the following classification:" shall be amended as "When the offering of opinions from other interested local public entities as provided for in the preceding paragraph has not been made within the period fixed in the same paragraph or when the mutual agreement between the interested local public entities as provided for in the same paragraph has been reached through the decision of respective local assemblies,............, according to the following classification and through the procedures to be set forth by Ministry of Transportation Ordinance:" , and in para-graph 7 of the same Article, "paragraph 1" shall be amended as "paragraph 3" .
To Article 12 paragraph 1, the following two items shall be added as item (5-2) and as item (11-2) respectively:
(5-2) Receive an entrance or a clearance notice from an entering or a clearing vessel respectively within the port area;
(11-2) Render good offices for improvement of the loading, unloading, storage, terminal service and transportation facilities of goods within the port area and the waterfront area in addition to those mentioned in the preceding item;
In paragraph 2 of the same Article, "preceding paragraph" shall be amended as "paragraph 1" ;the same paragraph shall be made paragraph 4 and the following two paragraphs shall be added next to paragraph 1 of the same Article:
2 Necessary matters for the entrance or the clearance notice provided for in item (5-2) of the preceding paragraph shall be determined by the by-law of the local public entity provided for in the articles of incorporation out of the local public entities organizing the Port Authority.
3 The establishment of the by-law under the preceding paragraph shall be effected by respecting the original draft worked out by the Port Authority concerned.
In Article 16 paragraph 2, "preceding paragraph" shall be amended as "preceding two paragraphs" ;the same paragraph shall be made paragraph 3 and the following one paragraph shall be added next to paragraph 1 of the same Article:
2 With regard to the Board of Directors to be established for the Port Authority, the component local public entities of which exceed seven in number, the number of members of the Board of Directors may be increased till the number of the local public entities concerned is reached, regardless of the provision of the preceding paragraph.
In Article 17 paragraph 1 item (3) shall be made item (4);item (2) shall be made item (3) and item (1) shall be amended as follows:
(1) Member of the National Diet;
(2) Member of the Assembly of local public entity. However, the same shall not apply to the case where only one assemblyman is appointed a member of the Board of Directors from among the assemblymen recommended by the assemblies of the local public entities under which the Port Authority is organized.
In Article 22 paragraph 2, "Article 16 paragraph 2" shall be amended as "Article 16 paragraph 3" .
In Article 27, "Article 16 paragraph 2" shall be amended as "Article 16 paragraph 3, proviso to Article 17 paragraph 1 item (2)" .
Article 33 shall be amended as follows:
(Decision, Etc. on the Local Public Entity as the port Management Body)
Article 33. At a port where no Port Authority has been established, the local public entities concerned may become the Port Management Body separately or establish a local public entity under the provision of Article 284 paragraph 1 of the Local Autonomy Law to be the Port Management Body.
2 The provisions of Article 4 paragraphs 2 to 10 inclusive shall apply mutatis mutandis to the case referred to in the preceding paragraph, the provisions of paragraphs 4 to 6 inclusive of the same Article shall apply mutatis mutandis to the case of alteration of port area by the local public entity as the Port Management Body, and the provision of Article 9 paragraph 1 shall apply mutatis mutandis to the case where the local public entity as the Port Management Body has obtained the approval for its designation of the port area or its alteration thereof. In such case, "Any local public entity concerned which intends to establish a Port Authority" as referred to in Article 4 paragraph 3 shall read "Any local public entity concerned which intends to become the Port Management Body separately or to establish a local public entity under the provision of Article 284 paragraph 1 of the Local Autonomy Law to be the Port Management Body" .
In Article 37 paragraph 1, "(including the area extended as far as one hundred metres outside the port area)" shall be added next to "the port area" ; "to execute a work other than the harbor work," be added next to "mooring facilities," ;and paragraph 2 of the same Article shall be amended as follows:
2 The chief of the Port Management Body shall give his permission for the construction, work, exclusive use or gathering referred to in the preceding paragraph, unless it will remarkably hamper the maintenance of the port, or remarkably impede the execution of a plan of the Port Management Body for exploitation and development of the port or will otherwise remarkably hamper exploitation and development thereof.
In paragraph 3 of the same Article, "construction" shall be amended as "construction or work" .
In Article 42 paragraph 4 shall be made paragraph 5;in paragraph 3 of the same Article, "the preceding two paragraphs" shall be amended as "the preceding three paragraphs" ;the same paragraph be made paragraph 4;paragraph 2 of the same Article be made paragraph 3;and the following one paragraph shall be added to the same Article as paragraph 2:
2 In case a Port Management Body executes the harbor works prescribed in the preceding paragraph for the use of the general public at any major port which is especially important for promotion of foreign trade and will be designated by Cabinet Order (hereinafter referred to as the "specific major port" ), the State may bear the expenses required for the works up to 100% in the case of water facilities or contour facilities, and up to 75% in the case of mooring facilities.
In Article 43 item (1), "major port" shall be amended as "major port other than the specific major port" in the same Article, item (2) shall be made item (3);item (1) be made item (2);and the following one item shall be added to the same Article as item (1):
(1) Up to 75% as to the construction or improvement of port traffic facilities at a specific major port;
In Chapter V, the following two Articles shall be added next to Article 43:
(Execution of Work for Port Facilities Concurrently Serving other Structure and Share of Expenses therefor)
Article 43-(2). The execution of the work for port facilities which concurrently serve other structure and the share of expenses therefor shall be decided through consultation between the Port Management Body and the person managing the said structure.
(Share by the Injurer)
Article 43-(3). In case there is a person who has caused a special necessity to execute a harbor work as a result of his business operation, the Port Management Body may have the said person share a part of the cost of the said harbor work.
The following one Article shall be added next to Article 49:
(Ledger of Port)
Article 49-(2). The Port Management Body shall prepare a ledger as to the ports which are under its management.
2 Necessary Matters for the ledger of port shall be fixed by Ministry of Transportation Ordinance.
In Article 52 paragraph 1, "or a port of refuge" shall be added next to "a major port" , in paragraph 2 of the same Article, "Article 42 paragraph 4" shall be amended as "Article 42 paragraph 5" and paragraph 3 of the same Article shall be amended as follows:
3 As to the expenses required for the harbor work which is executed by the Minister of Transportation in accordance with the provision of paragraph 1, the Port Management Body concerned shall bear 25% of them in the case of the construction or improvement work of port traffic facilities at a specific major port, and 50% of them in the case of the construction or improvement of port traffic facilities at a major port other than the specific major port.
In Article 58 paragraph 1, "The provisions of Articles 2 to 5 inclusive of the Urban Building Law (Law No.37 of 1919)" shall be amended as "The provisions of Articles 49 and 50 of the Building Standard Law (Law No.201 of 1950)" ;and paragraph 5 be deleted.
In Article 60 item (1), "Article 4 paragraph 4" shall be amended as "Article 4 paragraph 4 item (1)" .
The following three paragraphs shall be added to the Supplementary Provisions:
(Exceptions to Ports and Harbors Being of Special Importance to the Development of Domestic Industry)
5 The State share of and subsidy for the expenses required for the harbor work which the Port Management Body or the Minister of Transportation will execute at such a major port being of special importance to the development of domestic industry as will be designated by Cabinet Order shall be treated in the same manner as in the case of the harbor work at the specific major port for the time being.
(Transitional Provisions concerning the State Share of and Subsidy for the Expenses Required for Harbor Work)
6 In cases where, during the period of the fiscal year 1951-52, the Port Management Body is established at a port, after the day of the decision of the rate of State share of, or subsidy for, the expenses for harbor work which the local public entities concerned conduct at the said port, and where the said Port Management Body has to conduct such harbor work, the State shall, irrespective of the provisions of Article 42 or 43, share or give subsidy for the expenses for the harbor work conducted by the said Port Management Body at the rate as already decided, until March 31, 1952.
7 In cases where, during the period of the fiscal year 1951-52, the Port Management Body is established at a port after the day of the decision of the rate of share by the State or the local public entities concerned of the expenses for harbor work which the Minister of Transportation conducts for himself, and where the Minister of Transportation continues to conduct the said harbor work by agreement with the said Port Management Body, the State or the said Port Management Body shall, irrespective of the provisions of Article 52 paragraphs 2 and 3, share the expenses for the harbor work conducted by the Minister of Transportation at the rate as already decided, until March 31, 1952.