V. Aids to Navigation Law (Law No. 99 of 1949 as amended through Law No. 89 of 1993)
(Purpose of This Law and Definition of Term)
Article 1.
The purpose of this Law is to ensure the safety of shipping traffic and to promote the efficiency of vessel operation by maintaining aids to navigation in good order and operating them rationally and efficiently.
2. The term "aid to navigation" as used in this Law shall mean a lighthouse, lighted beacon, beacon, buoy, fog signal station, radio direction finding station or any other facility which provides a guiding mark for vessels navigating in the ports, harbors, straits and other coastal waters of Japan by means of light, shape, color, sound, electric wave, etc..
(Establishment and Administration of Aids to Navigation)
Article 2.
The establishment and administration of aids to navigation shall be performed by the Japan Coast Guard : Provided that, with permission obtained from the Commandant of the Japan Coast Guard in accordance with the provisions of the Ministry of LIT Ordinance, any person other than the Japan Coast Guard may establish or administer aids to navigation at his own expense for use in his enterprise or business.
Article 3.
The owner or administrator of the aid to navigation established with the permission obtained under the proviso of the preceding Article, shall make efforts so that the functioning of the aid may not be hampered by any trouble.
2. When the aid to navigation established by a person other than the Japan Coast Guard becomes inoperative due to cause for which the owner or administrator is responsible or any other cause which is commonly foreseeable, and the safety of shipping traffic is thereby hindered, the Commandant of the Japan Coast Guard may order the owner or administrator to take necessary steps for the removal of such hindrance.
Article 4.
In addition to the case mentioned in Paragraph 2 of the preceding Article, the Commandant of the Japan Coast Guard may, when it is deemed necessary for the safety of shipping traffic, order the owner or administrator of the aid to navigation established by a person other than the Japan Coast Guard to improve or remove such aid or shift it to other place or to take other necessary steps.
2. The Commandant of the Japan Coast Guard may, when it is deemed particularly necessary for the safety of shipping traffic, directly administer or expropriate the aid to navigation established by a person other than the Japan Coast Guard, in accordance with the provisions of the Ministry of LIT Ordinance.
(Change in the Present Condition of an Aid to Navigation)
Article 5.
When the administrator of the aid to navigation established by a per son other than the Japan Coast Guard intends to abolish such aid or change its location or to make any other change in its present condition, he shall obtain permission of the Commandant of the Japan Coast Guard in accordance with the provisions of the Ministry of LIT Ordinance.
2. The Administrator referred to in the preceding paragraph shall, when any change has been made in the present condition of the aid to navigation under his care, report immediately to the Commandant of the Japan Coast Guard to that effect in accordance with the provisions of the Ministry of LIT Ordinance.
(Official Notification of Aids to Navigation)
Article 6.
The commandant of the Japan Coast Guard shall, when an aid to navigation has been newly established or when an aid to navigation has been abolished or relocated or when any other change has been made in the present condition of the aid to navigation, immediately issue a notification to that effect.
(Trouble Detector's Responsibility for Reporting)
Article 7.
Any person who has detected a trouble in an aid to navigation shall immediately notify the Japan Coast Guard or a nearby Regional Coast Guard Headquarters or its offices to that effect.
(Restrictions on Lights, etc.)
Article 8.
No one shall be allowed to use without permission a light or sound mistakable for that of an aid to navigation.
2. A Coast Guard officer may order any person who has done or intends to do the action mentioned in the preceding paragraph to put out the light or stop the sound or to take other necessary steps so that such light or sound may not be mistaken for that of an aid to navigation.
(Restrictions on Construction Work, etc.)
Article 9.
Any person who is engaged in the construction of buildings, refloating of sunken objects or in any other work or operation which would cause hindrance to the functions of an aid to navigation, shall take steps necessary for preventing such hindrance.
2. The Commandant of the Japan Coast Guard may order any person who has been authorized to carry out construction work or operation prescribed in the preceding paragraph, to take steps necessary for preventing hindrance to the functions of an aid to navigation.
(Restrictions on Plants)
Article 10.
No one shall plant in the vicinity of an aid to navigation any plant which would disturb the sight of such aid to navigation.
2. The Commandant of the Japan Coast Guard may order any person who has the responsibility for the plant planted in violation of the provision of the preceding paragraph to remove or replant that part of the plant which is causing hindrance to the aid to navigation, or to take other necessary steps. This shall also apply to the case where a plant has grown up to disturb the sight of the aid to navigation.
3. When a plant which existed at the time of establishment of an aid to navigation disturbs or has come to disturb the sight of the aid to navigation, the Commandant of the Japan Coast Guard may order the person who has the responsibility for the plant to remove or replant that part of the plant which is causing hindrance to the aid, or to take any other necessary steps.
(Restrictions on Vessels)
Article 11.
No vessel (including a lighter, raft or other structure similar to a vessel; this shall apply correspondingly in the following paragraphs) shall navigate unnecessarily too close to an aid to navigation in such a way that it is likely to cause damage to the aid to navigation.
2. No vessel shall be moored to an aid to navigation.
3. No vessel shall be anchored or shall stay at a place where the existence of such vessel would disturb the sight of an aid to navigation or where such vessel is likely to come in contact with an aid to navigation.
(Prohibition of Staining or Damaging an Aid to Navigation)
Article 12.
No one shall commit an act which is likely to cause stain or damage to an aid to navigation.
(Compensation for Loss)
Article 13.
For losses caused under Article 4 Paragraph 1 or Paragraph 2 or Article 10 Paragraph 3, compensation shall be made as provided for in the following items:
(1) The amounts of compensation shall be commensurate, in the case of Article 4 Paragraph 1, with the expenditure ordinarily required for the improvement, moving or removal of the aid to navigation concerned, or like measures; in the case of expropriating an aid to navigation in accordance with the provision of Article 4 Paragraph 2, with the balance left after deducting the amount representing the depreciation from the expenditure that would ordinarily be required if such aid to navigation had to be newly constructed; and, in the case of Article 10 Paragraph 3, with the expenditure ordinarily required for the removal of the impediment part of, or the transplanting of, plants and like measures, in addition to the amount of the loss caused to such plants assessed in current prices;
(2) Any person who has incurred loss shall present to the Commandant of the Japan Coast Guard a written application in which the amount of compensation to be claimed shall be stated;
(3) Upon receipt of the application under the preceding item, the Commandant of the Japan Coast Guard shall determine the amount of compensation without delay. In this case, the Commandant of the Japan Coast Guard shall first conduct an administrative hearing giving a notice in advance of the date and place of such hearing to the applicant.
2. Any person who is dissatisfied with the decision under the item (3) of preceding paragraph may make an appeal to demand the increase of the amount of the compensation within three months from the day when he was aware of the decision.
3. For making the appeal under the preceding paragraph, the state shall be the defendant.
(Special cases of Administrative hearings)
Article 14.
In spite of the provisions under Article 13 Paragraph 1 of the Administrative Procedure Law (Law No. 88 of 1993) concerning distinction of procedures for expressing opinions, the Commandant of the Japan Coast Guard or a coast guard officer, who intends to issue the order referred to in Article 8 Paragraph 2, Article 9 Paragraph 2, and Article 10 Paragraph 2 or Paragraph 3, shall hold a administrative hearing.
2. When the person concerned the order requests to participate in the proceeding of the hearing in accordance with Administrative Procedures Law Article 17, the host of the hearing described in the preceding paragraph shall give permission for that.
Article 15.
Delated.
(Penal Provisions)
Article 16.
Any person who has violated the provision on Article 11 shall be punished with a fine not exceeding ten thousand yen.
Article 17.
Any person who comes under any one of the following items shall be punished with a fine not exceeding five thousand yen.
(1) Any person who has failed to obey the order issued under Article 8 Paragraph 2, Article 9 Paragraph 2 or Article 10 Paragraph 2 or Paragraph 3;
(2) Any person who has violated the provision of Article 12.
