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JAPAN COAST GUARD LAWS AND REGULATIONS

 事業名 国際的海上保安業務の推進
 団体名 海上保安協会 注目度注目度5
Chapter III-2. Surveys, etc. of Ship's Marine Pollution Prevention Devices, and Shipboard Oil Pollution Emergency Plan, etc.
 
(Regular Survey)
Article 17-2.
The owner of a ship, which shall be equipped with marine pollution prevention devices, (defined as device mentioned in the Paragraph 1 to 3 of Article 5 or the Paragraph 1 of Article 9-3 ; hereafter the same shall apply.) and is required by the Ministry of LIT Ordinance according to its use, navigation area and the size etc, to be subject to a survey conducted by the Minister for LIT in order to minimise the marine pollution once oil or noxious liquid substance is discharged from the ship, and a ship which shall be provided with or display a Shipboard Oil Pollution Emergency Plan (excluding ships provided by the Ministry of LIT Ordinance as its provided or displayed Shipboard Oil Pollution Emergency Plan's compliance with the technical standard provided in the Paragraph 2 of Article 7-2 can be confirmed by methods other than the survey conducted by the Minister of LIT) (hereafter referred to as "survey-requiring ship") shall have the marine pollution prevention devices equipped on board the ship (including the cargo tank in case of a tanker or a ship prescribed in the Paragraph 3 of Article 9-3, hereafter referred to as "marine pollution prevention devices, etc.") and a Shipboard Oil Pollution Emergency Plan provided or displayed on board the ship surveyed regularly by the Minister for LIT when he intends to use the ship for navigation for the first time.
The same applies when a person intends to continue to use a survey requiring ship for navigation, for which he has been obtained a marine pollution prevention certificate prescribed in the Paragraph 1 of the following Article, after the certificate expires.
 
(Marine Pollution Prevention Certificate)
Article 17-3.
The Minister of LIT shall, when he considers that the marine pollution prevention devices, etc. and Shipboard Oil Pollution Emergency Plan comply with the technical standards provided in the Paragraph 4 of Article 5 or Article 5-2 or the Paragraph 2 or 3 of Article 9-3 or Paragraph 2 of Article 7-2 (hereafter referred to as "technical standards" in this Chapter) respectively, issue in accordance with the class with regard to the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan Provided by the Ministry of LIT Ordinance a marine pollution prevention certificate to the owner of a ship.
2. The term of validity of the marine pollution prevention certificate under the preceding Paragraph (hereafter referred to as "marine pollution prevention certificate") shall be five years (for a ship prescribed by the Ministry of LIT Ordinance whose navigation area is the smooth water areas, the tern the Minister of LIT otherwise specifies). However, with respect to the ship having the cause prescribed by the Ministry of LIT Ordinance, the Minister of LIT may prolong the term of validity up to three month at the time when the term of validity exprise.
3. The clerical work prescribed in the proviso of the preceding Paragraph is conducted by a Japanese consul in a foreign country.
4. In addition to the provisions of the Administrative Complaint Investigation Law (Law No. 160 1962), the necessary matters concerning the request for investigation over the proceeding or nonperformance concerning the clerical work conducted by a consul under the preceding Paragraph shall be provided by the Cabinet Order.
5. When a registration of a ship's classification is cancelled for a ship prescribed in the Paragraph 2 of Article 17-12, it shall be regarded that the marine pollution prevention certificate of the ship has expired.
6. The Minister of LIT may, when he issues a marine pollution prevention certificate, attach necessary conditions as regards use, navigation sea area, etc. of the survey-requiring ship and stipulate them on the certificate.
 
(Intermediate Survey)
Article 17-4.
The owner of a survey-requiring ship who has been issued a marine pollution prevention certificate shall undergo intermediate survey conducted by the Minister of the marine pollution prevention devices equipped on board the ship and the Shipboard Oil Pollution Emergency Plan provided or displayed on board the ship at a time specified by the Ministry of LIT Ordinance before the marine pollution prevention certificate expires.
 
(Special Survey)
Article 17-5.
The owner of a survey-requiring ship who has been issued a marine pollution prevention certificate shall, when he remodels or repairs the marine pollution prevention devices, etc. provided by the Ministry of LIT Ordinance or when he makes amendment to the Shipboard Oil Pollution Emergency Plan etc. provided or displayed on board provided by the Ministry of LIT Ordinance, or in other cases provided by Ministry of LIT undergo a special survey conducted by the Minister for LIT of the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan.
 
(Suspension of Validity of the Certificate)
Article 17-6.
The Minister of LIT shall, when he considers that the survey under the preceding two Articles reveals that the marine pollution prevention devices, etc. equipped on board the ship or the Shipboard Oil Pollution Emergency Plan provided or displayed on board the ship do not comply with the technical standards, suspend the validity of the marine pollution prevention certificate concerning the marine pollution devices, etc. or the Shipboard Oil Pollution Emergency Plan until he confirms that they come comply with the technical standards.
 
(Provisional Marine Pollution Prevention Certificate)
Article 17-7.
The owner of a survey-requiring ship, who has not been issued a valid marine pollution prevention certificate shall, when he intends to employ the ship for navigation provisionally, undergo a survey conducted by the Minister of LIT of the marine pollution prevention devices, etc. equipped on the ship or the Shipboard Oil Pollution Emergency Plan provided or displayed on board the ship.
2. The Minister of LIT shall, when he considers that the survey prescribed in the preceding Paragraph reveals that the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan comply with the technical standards, issue in accordance with the class of marine pollution prevention devices provided by the Ministry of LIT Ordinance referred to in Paragraph 1 of Article 17-3 a provisional marine pollution prevention certificate with specified term of validity to the owner of the ship.
3. The Minister of LIT may, when he issues a provisional marine pollution prevention certificate prescribed in the preceding Paragraph (hereafter referred to as "provisional marine pollution prevention certificate"), attach necessary conditions as regards the navigation sea area of the surveyed ship and other matters and stipulate it on the marine pollution prevention certificate.
 
(Marine Pollution Preventin Survey Pocket Book)
Article 17-8.
The Minister of LIT shall issue a marine pollution prevention survey pocket book to the owner of a surveyed ship which has passed the initial regular survey for recording the matters concerning the survey prescribed in Article 17-2, 17-4, 17-5 or the Paragraph 1 of the preceding Article (hereafter referred to as "legal survey").
 
(International Marine Pollution Prevention Certificate)
Article 17-9.
The Minister of LIT shall, upon application, issue in accordance with the class of marine pollution prevention devices provided by the Ministry of LIT Ordinance referred to in Paragraph 1 of Article 17-3 an international marine pollution prevention certificate to the owner of a survey-requiring ship which engages in an international voyage.
2. The Minister for LIT shall, when he issues the international marine pollution prevention certificate prescribed in the preceding Paragraph(hereafter referred to as "international marine pollution prevention certificate"), examines the items described in the marine pollution prevention certificate on the provisional marine pollution prevention certificate or the ship inspection certificate (defined as the ship inspection certificate under the Paragraph 1 of Article 9 of the Ship's Safety Law (Law No. 11, 1933)) or the special navigation permit (under the Paragraph 2 of the same Article) and other matters of the survey requiring ship.
3. An international marine pollution prevention certificate shall expire on the day when the marine pollution prevention certificate expires (or the day when provisional marine pollution prevention certificate expires in case of a ship for which a provisional marine pollution prevention certificate has been issued.)
4. The provisions of the proviso of the Paragraph 2 of Article 17-3, Paragraph 5 and 6, and Article 17-6 shall apply mutatis mutandis to an international marine pollution prevention certificate.
 
(Navigation of Survey-requiring Ship)
Article 17-10.
A survey-requiring ship may not be employed for navigation without a valid marine pollution prevention certificate or a provisional marine pollution prevention certificate.
2. A survey-requiring ship may not be employed for an international voyage without a valid international marine pollution prevention certificate.
3. A survey-requiring ship may not be employed for navigation unless fulfilling the conditions stipulated on a marine pollution prevention certificate, a provisional marine pollution prevention certificate or an international marine pollution prevention certificate.
4. The provisions of the Paragraph 1 and the preceding Paragraph shall not apply to the case of a trial run for a legal survey or for a survey prescribed in the Paragraph 1 of Article 5 of the Ship's Safety Law.
 
(Provision of Marine Pollution Prevention Certificate, etc.)
Article 17-11.
The owner of a ship who has been issued a marine pollution prevention certificate, a provisional marine pollution prevention certificate, an international marine pollution prevention certificate or a marine pollution prevention survey pocket book, shall have these certificates or the pocket book on board the survey-requiring ship.
 
(Survey by the Classification Society)
Article 17-12.
The Minister of LIT may authorize a juridical person established under the provision of Article 34 of the Civil Law which carries out a business concering the registration of ship's classification as a person who carries out a survey of the marine pollution prevention devices, etc, and the Shipboard Oil Pollution Emergency Plan, upon his application.
2. The survey-requiring ship, the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan of which has been surveyed by the authorized juridical person prescribed in the preceding Article (hereafter referred to as "Classification Society") and the classification of which has been registered, is regaded to have the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan surveyed and acknowledged as complying with the technical standards by the Minister of LIT.
3. Omitted.
 
(Re-survey)
Article 17-13.
A person who is dissatisfied with the result of the legal survey may make an application for a re-survey to the Minister of LIT with a written document which describes the reasons for complaint within thirty days reckoning from the next day bring a lawsuit for the of the date on which he was notified of the result of the survey.
2. A person who is dissatisfied with the result of the re-survey may appeal of cancellation of the re-survey.
3. A person who has made an application for the re-survey, may not make any alteration to the present state of the parts concerned without having received a permission from the Minister of LIT.
4. A person who is dissatisfied with the result of the legal survey may appeal it only by due process of the provisions of the Paragraphs 1 and 2.
 
(Order of Comformity to the Technical Standards)
Article 17-14.
The Minister of LIT may, when he considers that the marine pollution prevention devices, etc. equipped, or the Shipboard Oil Pollution Emergency Plan provided or displayed on board a ship have come to fail to comply with the technical standards, order the owner of the ship to return the marine pollution prevention certificate or the provisional marine pollution prevention certificate, to remodel or repair the marine pollution prevention devices, etc, to amend the Shipboard Oil Pollution Emergency Plan and to take other necessary measures.
2. The Minister of LIT may, when the owner of the ship does not obey the order prescribed in the preceding Paragraph and he considers that the continuation of the navigation might cause hindrance to the preservation of marine environment, order the owner or the master of the ship to stop its navigation or suspend its navigation.
3. A staff of the Ministry of LIT who is to be designated in advance by the Minister of LIT may, in cases provided in the preceding Paragraph if he deems that there is an emergent necessity to preserve marine environment instantly execute the authority of the Minister of LIT provided in the same Paragraph.
4. The Minister for LIT shall, when he considers that the fact provided in the Paragraph 1 ceased for the ship concerning the proceeding provided in the Paragraph 2, cancel the proceeding.
Article 17-15.
Omitted.
 
(Exception for a Foreign Ship)
Article 17-16.
The provisions of Article 17-2 to 17-14 inclusive shall not apply to a foreign ship. However, this shall not apply to a foreign ship which navigates only between ports or within a port in Japan.
 
(Supervision of a Foreign Ship)
Article 17-17.
The Minister of LIT may, when he considers that the marine pollution prevention devices, etc. equipped or the Shipboard Oil Pollution Emergency Plan provided or displayed on a foreign ship which is at a mooring facility in a port or along the coast of Japan (excluding foreign ships specified in the proviso of the preceding article ; referred to as a "foreign ship to be supervised" in the next paragraph), fails to comply with the technical standards, order the master of the ship to remodel or repair the marine pollution prevention devices, etc, to amend the Shipboard Oil Pollution Emergency Plan and to take other appropriate measures.
2. When the Minister of LIT considers that a crew member of a foreign ship to be supervised engaged in operations related to the handling of oil or noxious liquid substances does not have knowledge of the instructions to be obeyed relating to the handling that are specifically required by the Ministry of LIT Ordinance (hereinafter referred to as "specific instructions to be obeyed") or that the crewmember cannot perform the operations in accordance with the specific instructions to be obeyed, he may order the master of the ship to make the crew member acquire the necessary knowledge of the specific instructions to be obeyed and take steps necessary to perform operations in accordance with the specific instructions to be obeyed.
3. The provisions of the Paragraphs 2 to 4 inclusive of Article 17-14 shall apply mutatis mutandis to the case under the preceding two Paragraphs. In this case, "the owner of the ship" shall be read as "the master of the ship" and "the owner or the master of the ship" to "the master of the ship" in Paragraph 2 of the Article, and "Paragraph 1" shall be read as "Paragraph 1 or 2 of Article 17-17" in Paragraph 4 of the Article.
 
(IOPP Certificate issued by the Government of the party to the Protocol )
Article 17-18.
The owner or the master of a Japanese ship which is a survey-requiring ship shall, when he intends, from the government of foreign country which is a party to the Protocol to obtain an IOPP certificate (which is defined as a document issued as a certificate stipulated in the Protocol and certifies that the ship's marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan comply with the standards stipulated in the Protocol issued by a party to the Protocol, hereafter the same shall apply.), make an application through a consul of Japan.
2. The IOPP certificate which has been issued under the provision of the preceding Paragraph shall be regarded as an international marine pollution prevention certificate issued by the Minister of LIT under the provision of the Paragraph 1 of Article 17-9.
 
(Issue of Certificate for a Ship of a Party to the Convention)
Article 17-19.
The Minister of LIT may, when he was requested by a Government of a party to the Protocol to issue a certificate corresponding to an international marine pollution prevention certificate to a ship of the party (excluding the foreign ship prescribed under the proviso of Article 17-16), carry out a survey which is equivalent to one under the provision of Article 17-12 for the marine pollution prevention devices, etc. equipped, and the Shipboard Oil Pollution Emergency Plan provided or displayed on board the ship and he may issus the certificate corresponding to an international marine pollution prevention certificate to the master of the ship when he considers that the survey reveals that the marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency Plan comply with the technical standards.
 
(Mandate to Ministry of LIT Ordinances)
Article 17-20.
The application form of survey, the method of survey, the other necessary matters for survey of marine pollution prevention devices, etc. equipped, or the Shipboard Oil Pollution Emergency Plan, the forms of marine pollution prevention certificate, provisional marine pollution prevention certificate and international marine pollution prevention certificate, issuance, reissuance, renewal of these certificates and the other necessary matters concerning these certificates shall be provided by the Ministry of LIT Ordinances.
Chapter IV. Regulation of Discharge of Oil and Wastes from an Off-shore Facility and an Airplane
 
(Prohibition of Discharge of Oil and Wastes from an Off-shore Facility and an Airplane)
Article 18.
No person may discharge oil or wastes from an off-shore facility or an airplane in sea area. However, this shall not apply to the discharge of oil or wastes that falls under any of the following items :
(1) The discharge of oil or wastes for the purpose of securing the safety of the off-shore facility or the airplane, or saving human life ;
(2) The discharge of oil or wastes when the oil or wastes has been discharged due to damage to the off-shore facility or to the airplane, or for other unavoidable reasons and all the possible measures to prevent the continuous discharge of oil or wastes has been taken.
2. The provision of the principal clause of the preceding Paragraph shall not apply to the discharge of oil or wastes from the off-shore facility that falls under any of the following items :
(1) The discharge of excrement etc. which arise from the daily life of persons in the off-shore facility (the discharge of excrement etc. as defined by the Cabinet Order from an off-shore facility whose capability of accommodation is not less than the number of persons as defined by the Cabinet Order under item (1) of Paragraph 2 of Article 10, shall be made in accordance with the criteria concerning the method of discharge defined by the Cabinet Order);
(2) The discharge of refuse or other similar wastes which arise from the daily life of persons in the off-shore facility (excluding the wastes provided by the Cabinet Order under the item (2), Paragraph 2 of Article 10) and shall be made in accordance with criteria concerning the sea area and the method of discharge defined by the Cabinet Order.
(3) The discharge of oil or the wastes prescribed in item (4) of the Paragraph 2 of Article 10 (excluding the wastes provided by the Cabinet Order under the Paragraph 3 of Article 10) to be made in accordance with the criteria concerning the method of discharge defined by the Cabinet Order.
3. The provision of the principal clause of the Paragraph 1 shall not apply to the discharge of oil or wastes that falls under any of the following items:
(1) The discharge of sewage' oil or wastes provided by the Cabinet Order, which arise from daily life of persons on board the airplane, and the discharge of which in sea area is unavoidable:
(2) The discharge of wastes loaded in a Party to be made in accordance with the provisions of the legislation of that country (excluding the discharge made in the surrounding sea areas of Japan).
4. The provisions of the Paragraphs 4 and 5 of Article 4 shall apply mutatis mutandis to the discharge of oil from an airplane for the purpose of examination, research or investigation concerning the prevention of marine pollution.
 
(Notification of Establishment of an Off-shore Facility)
Article 18-2.
A person who intends to establish an off-shore facility shall, as provided by the Ministry of LIT Ordinance. report to the Commandant of the Japan Coast Guard of the following matters:
(1) Name and address of the person who establishes the off-shore facility and, in case of a juridical person, the name and address of the representative thereof ;
(2) Location and the outline of the off-shore facility;
(3) Other matters provided by the Ministry of LIT Ordinance.
2. The person who has made a notification in accordance with the preceding Paragraph shall, when there is any change in the matters in the notification, notify, without delay, the Commandant of the Japan Coast Guard of the change as provided by the Ministry of LIT Ordinance.
 
(Oil Record Book for Off-shore Facility)
Article 19.
The manager of an off-shore facility provided by the Ministry of LIT Ordinance, where oil handling is carried out, shall provide an oil record book at the off-shore facility. However, when it is difficult to provide it at the off-shore facility, it may be provided at the office of the manager of the off-shore facility.
2. The manager of the off-shore facility provided in the preceding Paragraph shall, every time the loading of oil or any other operation concerning handling of oil at the off-shore facility, as provided by the Ministry of LIT Ordinance, takes place, make entry in the oil record book as provided by the Ministry of LIT Ordinance.
3. The Manager of the off-shore facility shall keep the oil record book at his office for three years from the day when the last entry was made.
4. In addition to those prescribed in the preceding three Paragraphs, necessary matters concerning the oil record book such as the form of the oil record book shall be provided by the Ministry of LIT Ordinance.
 
(Regulation for Preventing Pollution by Off-shore Facility Wastes)
Article 19-2.
The manager of an off-shore facility prescribed by the Ministry of LIT Ordinance shall make Regulation for Preventing Pollution by Off-shore Facility Wastes prescribed by the Ministry of LIT Ordinance on the matters to be observed by those who carry out works of handling off-shore facility wastes (the refuse or other similar wastes which arises from daily life of the persons in the off-shore facility and other wastes prescribed by the Cabinet Order; hereafter the same) and other matters for preventing improper discharge of off-shore facility wastes, and keep and display the Regulation in the off-shore facility. However, when it is difficult to keep or display it in the off-shore facility, it may be kept at the office of the manager of the off-shore facility.
2. The manager of the off-shore facility shall make the matters prescribed in the Regulation for Preventing Pollution by Off-shore Facility Wastes known to the persons in the off-shore facility who carry out the works of handling the off-shore facihty wastes. (Display of Matters to be Observed Concerning the Discharge of Off-shore Facility and Others)
Article 19-2-2.
The manager of an off-shore facility prescribed by the Ministry of LIT Ordinance shall, as prescribed by the Ministry of LIT Ordinance, display in the off-shore facility the matters to be observed by those who are in the off-shore facility concerning the discharge of off-shore facility wastes and other matters for preventing improper discharge of off-shore facility wastes so that they can easily be seen by those who aie in the off-shore facility.








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更新日: 2017年10月21日

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