Law for Partial Amendments to the Law for Exterminating and Preventing Pine Bark Beetles and Other Similar Borers, and Other Destructive Forest Pests and Diseases
法令番号: 法律第26号
公布年月日: 昭和27年3月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Law for Exterminating and Preventing Pine Bark Beetles and Other Similar Borers, and Other Destructive Forest Pests and Diseases.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-seventh year of Showa (March 31, 1952)
Prime Minister YOSHIDA Shigeru
Law No.26
Law for Partial Amendments to the Law for Exterminating and Preventing Pine Bark Beetles and Other Similar Borers, and Other Destructive Forest Pests and Diseases
The Law for Exterminating and Preventing Pine Bark Beetles and Other Similar Borers, and Other Destructive Forest Pests and Diseases (Law No.53 of 1950) shall be partially amended as follows:
The title of the Law shall be amended as follows:
Forest Pests and Diseases, etc. Prevention Law
Except for in Article 1, Article 2, Article 6 paragraph 1, and Article 7 paragraph 1, "pine bark beetles and other similar borers" shall be amended as "forest pests and diseases, etc."
In Article 1, "pine bark beetles and other similar borers, and other destructive forest pests and diseases" shall be amended as "forest pests and diseases, etc."
Article 2 paragraph 1 shall be amended as follows:
"Forest pests and diseases, etc." as used in this Law shall mean such pine bark beetles, pine leaf cutter, other insects, fungi, virus and beasts which damage trees or forestry seeds and seedlings, as may be specified by Cabinet Order.
Article 3 paragraph 1 item (4) shall be made item (6) and in item (3) of the same paragraph "felled trees" shall be amended as "designated seeds and seedlings or felled trees, etc." and the same item shall be made item (5) and the following two items shall be added next to item (2) of the same paragraph:
(3) Order to make the owner or custodian of trees or designated seeds and seedlings infested with forest pests and diseases, etc.(meaning seeds and seedlings of trees designated by the Minister of Agriculture and Forestry;hereinafter the same) burn forest pests and diseases, etc. and the twigs and branches or designated seeds and seedlings infested with them:
(4) Order to make the owner or custodian of trees or designated seeds and seedlings infested or likely to be infested with forest pests and diseases, etc. make extermination and prevention through chemicals;
In Article 3 paragraph 3, "thirty days" shall be amended as "twenty days" ;and in paragraph 4 of the same Article, ", designated seeds and seedlings" shall be added next to "trees" .
In Article 4 paragraph 1, "item (1), (2) or (4)" shall be amended as "items (1) to (4) inclusive or (6)" and ", designated seeds and seedlings" shall be added next to "trees" .
In Article 4 paragraph 2, "To, Do, Fu or prefecture" shall be amended as "local public entity" .
In Article 5 paragraph 2, "paragraph 1 of the preceding Article" shall be amended as "the preceding Article" .
Article 6 paragraph 1 shall be amended as follows:
The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, if he deems it necessary for exterminating forest pests and diseases, etc. or for preventing the further spread of the same, let officials concerned or control members enter forest, nursery or timber-yard, warehouse, or any other places where designated seeds and seedlings or felled trees, etc. are stored, inspect any trees, designated seeds and seedlings or felled trees, etc. or remove any branches and twigs, barks, or designated seeds and seedlings only in minimum quantity necessary for inspection.
Article 7 paragraph 1 shall be amended as follows:
Any official or control member concerned may, if he has deemed that designated seeds and seedlings are infested with forest pests and diseases, etc., or felled trees, etc. are infested with forest pests and diseases, etc. or liable to be infested by the same as a result of the inspection under the provision of paragraph 1 of the preceding Article, direct the owner or custodian of the designated seeds and seedlings or felled trees, etc. concerned by delivering the document stating the undermentioned matters to take measures stated in Article 3 paragraph 1 item (3) or (6):
(1) Duration to take measures;
(2) Species of forest pests and diseases, etc.;
(3) Contents of measures to be taken;
(4) Other necessary matters.
In Article 7 paragraph 2, "does not comply therewith" shall be amended as "does not take measures as directed within the period under item (1) of the same paragraph" and "felled trees concerned" shall be amended as "designated seeds and seedlings or felled trees, etc. concerned" .
In Article 8 paragraph 1, "or through disposition.... of paragraph 2 of the preceding Article" shall be amended as "or through direction under paragraph 1 of the preceding Article or through disposition.... of paragraph 2 of the same Article" and paragraph 2 of the same Article shall be amended as follows:
2 The amount of compensation under the provision of the preceding paragraph shall, in case of order under Article 3 paragraph 1 items (1) to (4) inclusive or item (6) or in case of direction under paragraph 1 of the preceding Article, be a sum equivalent to the cost usually necessary for taking such measures as peeling of trunk or stump, burning of branches, twigs and barks, designated seeds and seedlings or forest pests and diseases, etc. or extermination and prevention measures through chemicals and, in case of order under Article 3 paragraph 1 item (5) or in case of disposition under paragraph 2 of the preceding Article, be a sum equivalent to such loss as may be caused usually by the above order or disposition.
In Article 10, ", designated seeds and seedlings" shall be added next to "trees" .
Article 12 shall be amended as follows:
(Responsibility of Information)
Article 12. Any person who found out forest pests and diseases, etc. broken out and likely to spread widely shall report to that effect without delay to the governor of To, Do, Fu or prefecture or the mayor of city, town or village.
In Article 13 item (1), "item (3)" shall be amended as "item (5)" .
In Article 14 item (1), "item (4)" shall be amended as "item (6)" .
Article 15 shall be amended as follows:
Article 15. Any person who falls under any one of the following items shall be punished with a fine not exceeding ten thousand yen:
(1) Any person who has violated any order given by the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 3 paragraph 1 items (1). to (4) in clusive;
(2) Any person who has rejected, obstructed, or evaded the inspection under the provision of Article 6 paragraph 1.
Supplementary Provisions:
1 This Law shall come into force as from April 1, 1952.
2 As for the application of the penal provisions to the act done prior to the enforcement of this Law, the precedents under the former provisions shall apply.
3 The Plant Quarantine Law (Law No.151 of 1950) shall be partially amended as follows:
In the proviso to Article 17 paragraph 1, "forest pests" shall be amended as "forest pests and diseases, etc."
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru