River Law (No. 167 of 1964).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
An Act relating to the administration of rivers.
The text of this Act consists of 109 articles which are divided into seven Chapters: General Provisions (I); Administration of Rivers (II): Chapter II is divided into 5 sections concerning General Rules (1), River Works etc. (2), Use of Rivers and Regulations concerning Rivers (3), River Conservancy Area (4), and Projected River Area (5); Expenses Connected With Rivers (III); Supervision (IV); River Council and Prefectural River Councils (V); Miscellaneous Provisions (VI); Penal Provisions (VII). The Act is completed by supplementary provisions.
Purposes of this Law are to contribute to the land conservation and development of the country and to maintain public security and promote public welfare. A river is a property for public use and cannot be made the subject of a private right. The rivers are divided into two categories: (1) "class A" rivers, which belong to a water system especially important for land conservation or national economy; and (2) "class B" rivers, which have an important bearing on public interests and belong to water systems other than those designated under "class A". The administration of "class A" rivers and "class B" rivers shall be performed by the Minister of Construction and the prefectural governor, respectively. They shall be in charge of determining the basic plan of work execution, regarding the fundamental basis for the execution of river works, according to the provisions of Chapter II, section 2. The use of the water of a river, the taking of earth and stone, the occupancy of land within a river area, land excavation, the construction of structures, etc. Are subject to a permission by the river administrator. He may also prohibit, restrict or make obligatory the issuance of permit for certain acts that could hinder the river administration. The provisions on the issuance of said permission include the notification by the river administrator, the submission of the opinion by the interested river user and the compensation for any loss related to the approval for water use. Special provisions are made with respect to dams (sect. 3.3). For the purpose of conservation of the river-bank or river administration facilities, the river administrator may designate a river conservancy area, not exceeding 50 meters from the boundary of the river area, unless declared absolutely necessary by the river administrator. Section 5 provides for the designation of a stretch of land as a projected river area, if so the river administrator deems necessary for the execution of river works. The expenses for the administration of "class A" rivers shall be paid by the Government, whereas those regarding "class B" rivers shall be paid by the competent prefecture. Further provisions concern the share of expenses, the payment of share and subsidies to be granted by the Governments. The river administrator or an assistant appointed by him may annul, change the conditions of, or suspend the permission in the cases listed in article 75. The Ministry of Construction shall establish a River Council to make investigation and deliberate on matters concerning rivers. Similar powers shall be entrusted to the Prefectural River Council established by the prefecture.
The text of this Act consists of 109 articles which are divided into seven Chapters: General Provisions (I); Administration of Rivers (II): Chapter II is divided into 5 sections concerning General Rules (1), River Works etc. (2), Use of Rivers and Regulations concerning Rivers (3), River Conservancy Area (4), and Projected River Area (5); Expenses Connected With Rivers (III); Supervision (IV); River Council and Prefectural River Councils (V); Miscellaneous Provisions (VI); Penal Provisions (VII). The Act is completed by supplementary provisions.
Purposes of this Law are to contribute to the land conservation and development of the country and to maintain public security and promote public welfare. A river is a property for public use and cannot be made the subject of a private right. The rivers are divided into two categories: (1) "class A" rivers, which belong to a water system especially important for land conservation or national economy; and (2) "class B" rivers, which have an important bearing on public interests and belong to water systems other than those designated under "class A". The administration of "class A" rivers and "class B" rivers shall be performed by the Minister of Construction and the prefectural governor, respectively. They shall be in charge of determining the basic plan of work execution, regarding the fundamental basis for the execution of river works, according to the provisions of Chapter II, section 2. The use of the water of a river, the taking of earth and stone, the occupancy of land within a river area, land excavation, the construction of structures, etc. Are subject to a permission by the river administrator. He may also prohibit, restrict or make obligatory the issuance of permit for certain acts that could hinder the river administration. The provisions on the issuance of said permission include the notification by the river administrator, the submission of the opinion by the interested river user and the compensation for any loss related to the approval for water use. Special provisions are made with respect to dams (sect. 3.3). For the purpose of conservation of the river-bank or river administration facilities, the river administrator may designate a river conservancy area, not exceeding 50 meters from the boundary of the river area, unless declared absolutely necessary by the river administrator. Section 5 provides for the designation of a stretch of land as a projected river area, if so the river administrator deems necessary for the execution of river works. The expenses for the administration of "class A" rivers shall be paid by the Government, whereas those regarding "class B" rivers shall be paid by the competent prefecture. Further provisions concern the share of expenses, the payment of share and subsidies to be granted by the Governments. The river administrator or an assistant appointed by him may annul, change the conditions of, or suspend the permission in the cases listed in article 75. The Ministry of Construction shall establish a River Council to make investigation and deliberate on matters concerning rivers. Similar powers shall be entrusted to the Prefectural River Council established by the prefecture.
Attached files
Notes
This is an English translation of the River Law (as amended) as of 1 January 1980, March 1994 and September 1995.The River Law, commonly known as the old River Law, was first enacted and promulgated in 1896. This was one of the earliest comprehensive and modern river codes in the world. In 1964, the old River Law was replaced by this new one.
Repealed
No
Source language
English
Legislation Amendment
No