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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 VI-2. Maritime Disaster Prevention Center
 
(Purposes)
Article 42-13.
The purposes of the Maritime Disaster Prevention Center are to perform the service for taking measures to prevent occurrence and spread of maritime disasters (hereafter referred to as "maritime disaster prevention"), the service pertaining to the possession of ships, machines. Equipments and materials required for maritime disaster prevention measures and to the training, etc. concerning maritime disaster prevention measures, and the service contributing to the promotion of international cooperation concerning maritime disaster prevention and thereby contribute to the protection of the life, health and property of the people.
Article 42-14.
The Maritime Disaster Prevention Center (hereafter referred to as "the Center") shall be a juridical person.
Article 42-15-Article 42-35.
Omitted.
 
(Services)
Article 42-36.
The Center shall perform the following services in order to achieve the purposes of Article 42-13 :
(1) Taking measures to remove discharged specific oil in accordance with the instruction of the Commandant of the Japan Coast Guard as provided in the following Article and collecting the expense spent for the measures in accordance with Article 42-38 :
(2) Preventing the spread of discharged oil and subsequent discharge of oil (referred to as "discharged oil control" in Article 43-2 and Article 43-3), putting out fire and preventing the spread of fire by fire-fighting vessels, and taking other measures for maritime disaster prevention as commissioned by a shipowner or any other person :
(3) Possession of oil recovery boats, machines and equipments for the recovery of oil, oil booms and other vessels, machines, equipments and materials, necessary for maritime disaster prevention measures, and furnishing them for use by shipowners and other persons ;
(4) Training for maritime disaster prevention measures ;
(5) Making research on the machines, equipments and materials necessary for maritime disaster prevention measures and on the technology concerning the measures and promulgating the results ;
(6) Collecting, reviewing and providing information on maritime disaster prevention measures ;
(7) Providing guidance and advice on maritime disaster prevention measures under the commission of ship owners and other persons ;
(8) Providing guidance and advice on maritime disater prevention measures in foreign countries, providing foreign trainees with education and training to the trainees from foreign countries regarding maritime disaster prevention measures, and performing other services contributing to the promotion of international cooperation concerning maritime disaster prevention ;
(9) Performing services incidental to the services specified in the preceding items ;
(10) Performing other services necessary for achieving the purposes of Article 42-13 in addition to those of the preceding items.
2. The Center shall have an approval of the Minister of LIT when it intends to perform the services under item (10) of the preceding Paragraph.
 
(Direction to the Center)
Article 42-37.
In a case where it is required urgently to take measures to remove discharged specific oil and where it is recognized that the person bound to take the measures in accordance with the Paragraph 3 of Article 39 has failed to take the measures or that there is no time to order the person to take measures in accordance with the Paragraph, the Commandant of the Japan Coast Guard may direct the Center to take measures which are considered necessary among those prescribed in the Paragraph.
2. In addition to the measures taken under the provision of the preceding paragraph the Commandant of JCG may, in a case where a large quantity of specific oil has been discharged from a specific foreign ship and it is required urgently to take measures to remove the discharged specific oil but it is recognized that the owner of the specific foreign ship and the person prescribed in item (3) of Paragraph 2 of Article 39 has failed to take the measures, direct the center to take measures which are considered necessary among the measures.
 
(Reimbursement of the Expense Spent for Measures Taken by the Center)
Article 42-38.
When the Center has taken measures directed by the Commandant of the Japan Coast Guard in accordance with Paragraph 1 of the preceding Article, it may have the expense spent for the measures, within the extent specified by the Ministry of LIT Ordinance, borne, under the approval of the Commandant of the Japan Coast Guard as specified by the Ministry of LIT Ordinance, by the owner of the ship which carried the discharged specific oil or the owner of the offshore facility, etc. in which the discharged specific oil was kept, unless otherwise provided in the proviso of Paragraph 1 of Article 41.
2. When the Center has taken the measures directed by the Commandant of JCG under Paragraph 2 of the preceding Article, the State grants the Center the expenses needed for the measures to the extent prescribed by the Cabinet Order within its budget. However, this shall not apply to the expenses of the measures which fall under the measures to prevent oil pollution damage.
3. The provisions of Paragraph 4 and Paragraph 5 of Article 41 and Paragraph 2 through Paragraph 7 of Article 41-3 shall mutatis mutandis apply to Paragraph 1. In these cases; "Paragraph 1" in Paragraph 4 and Paragraph 5 of Article 41 and "preceding Paragraph" in Paragraph 2 of Article 41-3 shall be read as "Paragraph 1 of Article 42-38"; "Preceding Paragraphs" shall be read as "Paragraph 1 of Article 42-38, preceding Paragraph and Paragraph 2 through Paragraph 7 of Article 41-3 which are mutatis mutandis applied under Paragraph 3 of the same Article"; and "following the example of actions taken against delinquency of national taxes" shall be read as "with the approval of the Commandant of JCG, following the example of actions taken against delinquency of national taxes"
Article 42-39 -Article 42-53.
Omitted.
Chapter VII. Miscellaneous Provisions
 
(Regulation on Abandonment of Ships, etc.)
Article 43.
No person may abandon a ship, an off-shore facility or an aircraft (hereafter referred to as "ship, etc.") at sea. However, this shall not apply to the abandonment made in accordance with the criteria concerning sea areas and methods for abandonment provided by the Cabinet Order or to leaving of a wrecked ship, etc. which is difficult to remove.
2. In case a ship, etc. is abandonment at sea under the proviso of the preceding Paragraph, if the size of the ship, etc. (excluding a wrecked ship, etc. which is difficult to remove) is not less that provided by the Cabinet Order the person who intends to abandon the ship, etc., shall, in advance, submit to the Commandant of JCG the written application for the confirmation on that the plan on the abandonment complies with the criteria under the proviso of the Paragraph and obtain his confirmation.
3. The Commandant of JCG shall, when he has accepted the written application and confirmed that the plan on the abandonment complies with the criteria under the proviso of Paragraph 1, issue the Certificate for Confirming the Abandonment of Ships, etc. to applicant.
4. A person who has obtained the Certificate for Confirming the Abandonment of Ships, etc. shall keep the Certificate within ships and other facilities engaged in the abandonment of the ship, etc. (in case he intends to have the ship, etc. navigate itself to abandonment, within the ship, etc.)
5. Other than those prescribed in the preceding three Paragraphs, the form of the written application for the confirmation, the form of the Certificate for Confirming the Abandonment of Ships, etc. and other matters necessary for the confirmation shall be prescribed by the Ministry of LIT Ordinance.
6. The provisions of Chapter III and Chapter IV shall not apply to a case where a ship, etc. is jettisoned from a ship, an off-shore facility or an aircraft.
Article 43-2.
Omitted.
 
(Chemicals for the Prevention of Marine Pollution by Oil or Noxious Liquid Substances)
Article 43-3.
Omitted.
Article 43-4.
Chemicals for the prevention of marine pollution by oil or noxious liquid substances provided by the Ministry of Transport Ordinance may not be used unless they comply with the technical standards provided by the Ministry of Transport Ordinance.
2. The chemicals shall be used appropriately in accordance with their prescription and the conditions of the pollution of the sea and the situation of the sea area.
 
(Containers, labeling and Methods of Carriage of Noxious Substances and Other Matters)
Article 43-5.
Transport by a ship by a method other than in bulk of substances provided by the Ministry of Transport Ordinance referred to in item (4) of Paragraph 1 of Article 38 shall be done in accordance with the criteria provided by the Ministry of LIT Ordinance concerning their containers, labeling, method of carriage and other matters related to their method of transport necessary to prevent marine pollution from the discharge of the said substances.
2. The Minister of LIT may, when he recognizes that the transport of substances under the preceding paragraph does not comply with the criteria provided by the ordinance in the same Paragraph, order the owner or the master of the ship to improve the method of transport.
Article 44.
Omitted.
 
(Surveillance of Conditions of Marine Pollution)
Article 45.
The Commandant of the Japan Coast Guard shall keep necessary surveillance on conditions of marine pollution around the coastal area of Japan.
2. The Commandant of the Japan Coast Guard shall, when he recognizes significant marine pollution in certain sea areas, notify the head of a local entity who has jurisdiction over the polluted areas of the conditions of pollution.
Article 46, Article 47.
Omitted.
 
(Report on Oil Discharge, etc.)
Article 48.
The Minister of LIT may, to the extent required for the enforcement of this Law, make, in accordance with the provisions of the Ministry of LIT Ordinance, an oil disposal business operator or owner of private oil disposal facility report on his business or waste oil disposal by his waste oil disposal facility.
2. The Minister of LIT or the Commandant of the Japan Coast Guard may, to the extent required for the enforcement of this Law, make, in accordance with the provisions of the Ministry of LIT Ordinance, the owner or the master of a ship or the installer or manager of an offshore facility or the user of an airplane, report on the discharge and incineration of oil or wastes of his ship or offshore facility or airplane or operation of handling oil or wastes.
3. The Minister of LIT or the Commandant of the Japan Coast Guard may, to the extent required for the enforcement of this Law, make, in accordance with the Ministry of LIT Ordinance, the person under each item of Article 39-3 or the owner of a specific tanker or the person under each item of Paragraph 1 of Article 40-2 report on the provision of oil booms, chemicals or other materials, the arrangement of oil recovery boat or equipments for removal of specific oil, or the preparation, provision or display of the Shipboard Oil Pollution Emergency Plan prescribed in the Paragraph.
4. The Minister of LIT may, to the extent required for the enforcement of this Law, authorize his staff to enter the office and workshop of oil disposal business operator or owner of private oil disposal facility and inspect oil disposal facility, record book and other materials.
5. The Minister of LIT or the Commandant of the Japan Coast Guard may, to the extent required for the enforcement of this Law, authorize his staff to enter a ship, an offshore facility, etc. or an office of the owner of a ship or an office of the installer or the manager of an offshore facility, etc. and inspect the marine pollution prevention devices, etc., manual for the prevention of oil pollution, Shipboard Oil Pollution Emergency Plan prescribed in Paragraph 1 of Article 7-2 or Paragraph 1 of Article 40-2, oil record book, noxious liquid substances record book, Regulation for Preventing pollution by Shipboard Wastes, ship board wastes record book, marine pollution prevention certificate, IOPP certificate, Regulation for Preventing Pollution by off-shore Facility Wastes, incineration system and other materials, or to question the persons concerned.
6. The Minister of LIT or the Commandant of the Japan Coast Guard may, to the extent required for the enforcement of this Law, authorize his staff to enter a ship or a facility under each item of Article 39-3 or a place specified by the Ministry of LIT Ordinance under the Article and inspect oil booms, chemicals and other materials.
7. Any staff who makes entrance and inspection under the preceding three Paragraphs shall carry with him an identification card and present it to the person concerned.
8. The authority given for the inspection under the Paragraphs 4 to 6 inclusive shall not be construed as that for criminal investigations.
 
(Certification of Copies of Oil Record Book, etc.)
Article 49.
Any staff who has made entrance in a ship or an offshore facility, or an office of the owner of a ship or the manager of an offshore facility under the Paragraph 5 of the preceding Article may, to the extent required for the enforcement of this Law, make copies of any entry in the oil record book, noxious liquid substances record book or ship board wastes record book and require the master or the owner of the ship or the manager of the offshore facility to certify that the copies are true ones of the entry.
 
(Guidance and Others)
Article 49-2.
The Minister of LIT or the Commandant of the Japan Coast Guard may, when he considers it necessary to attain the purpose of this Law, make necessary guidance, advice or recommendation to such a person as the owner or the master of a ship or any other person who engages in a business like discharge or incineration of oil, noxious liquid substances, etc. or wastes, which is closely related to prevention of marine pollution or maritime disaster, so that the person will carry out his business appropriately in the light of prevention of marine pollution and maritime disaster.
 
(Assistance of the State)
Article 50.
The State shall make efforts to secure fund, to give technical advice and other assistance necessary for the installation, possession or improvement of marine pollution prevention devices, etc., waste oil disposal facilities, oil recovery boats and other equipments, facilities or ships for preventing marine pollution or maritime disaster.
 
(Promotion of Research and Investigation)
Article 51.
The State shall promote research and investigation concerning the prevention of marine pollution and maritime disaster such as prevention of discharge of oil, noxious liquid substances, etc. and wastes from a ship or an offshore facility, disposal of waste oil and scrapped ship, removal of discharged oil, noxious liquid substances, etc. and dangerous substances and prevention of fire at sea and make efforts to diffuse the outcome.
 
(Promotion of International Cooperation)
Article 51-2.
The State shall endeavor to secure international coordination for the prevention of marine pollution and maritime disasters, promote international technical cooperation, provide emergency aid for the prevention of maritime disasters in overseas, and promote other matters related to international cooperation for the prevention of marine pollution and maritime disasters.
Article 51-3-Article 51-4
Omitted
 
(Exception)
Article 52.
This Law shall not apply to marine pollution by radioactive materials and its prevention.
 
(Delegation of Competence)
Article 53.
The matters which belong to the competence of the Minister of LIT or the Commandant of the Japan Coast Guard may be performed by the Director of a District Transport Bureau or a District Maritime Bureau or the Commander of a Regional Coast Guard Headquarters in accordance with Ministry of LIT Ordinance.
2. The Director of the Disrict Transport Bureau or the District Maritime Bureau or the Commander of a Regional Coast Guard Headquarters may, in accordance with the Ministry of LIT Ordinance, delegate part of the matters which come under his competence under the preceding Paragraph to the Chief of a Maritime Branch office or the Chief of an office of the Regional Coast Guard Headquarters such as a Coast Guard Office.
Article 54. -Article 54-2.
Omitted.








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集計期間:成果物公開〜現在
更新日: 2017年2月25日

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