Cropland Act(Act No. 229 of 1952)
Last Version: Act No. 62 of 2024
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Cropland Act
Act No. 229 of July 15, 1952
Table of Contents
Chapter I General Provisions (Article 1 to Article 2-2)
Chapter II Restrictions on the Transfer of Rights and Land Conversion (Articles 3 to 15)
Chapter III Management of Relations over Cropland Use (Articles 16 to 29)
Chapter IV Measures for Idle Cropland (Articles 30 to 42)
Chapter V Miscellaneous Provisions (Articles 43 to 63-2)
Chapter VI Penal Provisions (Articles 64 to 69)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to regulate the conversion of cropland into land other than cropland and to stabilize the status of land cultivators, and to promote domestic agricultural production, by that to contribute to ensuring a stable supply of food to the people, taking into consideration the fact that cropland is the basis for domestic agricultural production and provides limited resources for present and future Japanese citizens, and is a precious resource for local regions, in light of the important role that has been played by ownership of cropland by land cultivators themselves, by promoting the acquisition of rights to cropland by land cultivators who use cropland efficiently, considering harmony with local areas, and by coordinating relations over the use of cropland, and by taking measures to secure the agricultural use of cropland.
(Definitions)
Article 2
(1)The term "cropland" as used in this Act means land used for the purpose of cultivation, and the term "grazed meadow land" as used in this Act means land other than cropland used primarily for mowing or grazing for business related to cultivation or livestock farming.
(2)The term "household members, etc" as used in this Act means any relative who shares their residence and livelihood (including a relative who does not share the same residence or livelihood temporarily due to any of the grounds stated in the following items) or a relative within the second degree of kinship who is engaged in the business related to cultivation or livestock farming conducted by that other relative:
(i)medical treatment or recuperation from illness or injury;
(ii)enrolment in school;
(iii)assumption of elective public office;
(iv)any other grounds specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)The term "a corporation eligible to own cropland" as used in this Act means an agricultural producers' cooperative corporation, stock company (that is not a public company provided for in Article 2, item (v) of the Companies Act (Act No. 86 of 2005); the same applies below) or a membership company (as provided for in Article 575, paragraph (1) of the same Act; the same applies below) that satisfies all of the following requirements:
(i)that the main business of the corporation is agriculture (including any business concerning both the agriculture business it operates and involves manufacturing or processing that uses agricultural/livestock products as raw materials or ingredients; any other business specified by Order of the Ministry of Agriculture, Forestry and Fisheries; any forestry business that is operated in conjunction with agriculture; or, when an agricultural producers' cooperative corporation, any business provided for in Article 72-10, paragraph (1), item (i) of the Agricultural Cooperatives Act (Act No. 132 of 1947); the same applies below in this paragraph);
(ii)if the corporation is a stock company, the total of the voting rights held by shareholders falling under any of the following categories of persons account for a majority of the voting rights of all the shareholders (in the case of a general meeting of class shareholders, all the shareholders of the relevant class of shares) at a shareholders meeting (including a general meeting of class shareholders constituted by the class shareholders of a class of shares for which the matters stated in Article 108, paragraph (1), item (viii) of the Companies Act), or if the corporation is a membership company, the number of members that fall under any of the following categories account for a majority of all the members:
(a)an individual who has transferred to the corporation ownership or usage and profits rights (a superficies, farming right, a loan for use, or a right of lease; the same applies below) of cropland or grazed meadow land (excluding individuals other than those who had transferred those rights to the corporation before becoming its shareholders or members, and who became a shareholder or members within a certain period of time as specified by Order of the Ministry of Agriculture, Forestry and Fisheries, and are continuing to be a shareholder or members), or their general successor (other than those specified by Order of the Ministry of Agriculture, Forestry and Fisheries);
(b)an individual who allows the corporation to use and obtain profits from cropland or grazed meadow land under the right of use and profits;
(c)an individual who has filed an application for the permission referred to in Article 3, paragraph (1) for the transfer of the ownership or the transfer or establishment the right of use and profits to the cropland or grazed meadow land to the corporation to allow that corporation to use and obtain profits from the cropland or grazed meadow land (including an individual who has been granted permission and is found to be certain to transfer ownership or to establish or transfer the right of usage and profits to the cropland, or grazed meadow land for which permission has been granted to the corporation in the near future);
(d)an individual who has established a loan for use or the right of lease of cropland or grazed meadow land for the Cropland Intermediary Management Institution (as provided for in Article 2, paragraph (4) of the Act on Promotion of the Cropland Intermediary Management Program (Act No. 101 of 2013); the same applies below) that allows the corporation to use and derive profit from that cropland, or grazed meadow land based on a loan for use, or a right of lease;
(e)a person who is a regularly engaged in any agricultural business conducted by the corporation (including those who temporarily cannot engage in the agriculture business conducted by the corporation on a regular basis for any of the grounds stated in the items of the preceding paragraph, but are found by the agricultural commission to resume their regular engagement once the relevant reason ceases to exist or is found certain to be regularly engaged in the agriculture business conducted by the corporation within a certain period of time specified by Order of the Ministry of Agriculture, Forestry and Fisheries; referred to below as a "person who is regularly engaged");
(f)an individual who is contracting out agricultural work (as specified by Order of the Ministry of Agriculture, Forestry and Fisheries) to the corporation;
(g)the Cropland Intermediary Management Institution that has made a contribution in kind to the corporation concerning the project stated in Article 7, item (iii) of the Act on Reinforcement of the Agricultural Management Framework (Act No. 65 of 1980);
(h)local governments, agricultural cooperatives, or federations of agricultural cooperatives;
(iii)that the members (meaning partners for an agricultural producers' cooperative corporation, shareholders for a stock company, and members for a membership company; the same applies below) who are the persons who are regularly engaged in the corporation, account for a majority of the directors, etc. (meaning directors for an agricultural producers' cooperative corporation and a stock company, and members who conduct business for a membership company; the same applies in the following item);
(iv)that one or more of the directors, etc. of the corporation, or employees specified by Order of the Ministry of Agriculture, Forestry and Fisheries, of the corporation (both of whom are limited to a person who is regularly engaged) are found to be engaged in the agricultural work necessary for the agricultural business conducted by the corporation for more than the number of days per year specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)The criteria for determining whether the person in question is a person who is regularly engaged as provided for in item (ii), (e) of the preceding paragraph are specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Responsibility of Persons Who Have Rights to Cropland)
Article 2-2Persons who have ownership, rights to use cropland, or any other right to use and derive profit from cropland must ensure that land is used properly and efficiently for agricultural purposes.
Chapter II Restrictions on the Transfer of Rights and Land Conversion
(Restrictions on the Transfer of Rights to Cropland or Grazed Meadow Land )
Article 3
(1)When a person concerned transfers ownership of cropland or grazed meadow land , and establishes a superficies, a farming right, a pledge, a loan for use, a right of lease or any other right to use and derive profit from cropland or grazed meadow land, or transfers the right, that persons concerned must obtain permission from the agricultural commission as prescribed in Cabinet Order; provided, however, that this does not apply in the case of any of the following items, and in the cases provided for in the main clause of Article 5, paragraph (1):
(i)when ownership has been transferred pursuant to the provisions of Article 46, paragraph (1) or Article 47;
(ii)deleted;
(iii)when the cropland intermediary management right (as provided for in Article 2, paragraph (5) of the Act on Promotion of the Cropland Intermediary Management Program; the same applies below) is established pursuant to the provisions of Articles 37 to 40;
(iv)when the right of use provided for in paragraph (1) of that Article is established, pursuant to the provisions of Article 41;
(v)when the national or prefectural government acquires those rights;
(vi)when those rights are established or transferred by land exchange, subdivision and consolidation or under the Land Improvement Act (Act No. 195 of 1949), the Act on Establishment of Agricultural Promotion Regions (Act No. 58 of 1969), the Community Areas Development Act (Act No. 63 of 1987), or the Act on the Promotion of the Development of Community Farms (Act No. 44 of 1990);
(vii)when a public notice under the provisions of Article 18, paragraph (7) of the Act on the Promotion of the Cropland Intermediary Management Program has been issued, the right provided for in paragraph (1) of that Article is established or transferred, pursuant to the plan for promoting the use and integration of agricultural land;
(viii)when a public notice under the provisions of Article 9, paragraph (1) of the Act on the Promotion of the Improvement of Basic Conditions of Agriculture, Forestry and Other Business in Hilly and Mountainous Areas (Act No. 72 of 1993) has been issued, the right provided for in Article 2, paragraph (3), item (iii) of that Act is established or transferred, as prescribed in the promotion plan for the transfer of ownership, etc.;
(ix)when a public notice under the provisions of Article 9, paragraph (1) of the Act on Promotion of Settlement and Interregional Exchange for Vitalizing Rural Areas (Act No. 48 of 2007) has been issued, the right referred to in Article 5, paragraph (10) of the same Act is established or transferred, as prescribed in the promotion plan for the transfer of ownership, etc.;
(ix)-2when a public notice under the provisions of Article 17 of the Act on the Promotion of Renewable Energy Electric Power Generation Harmonized with Sound Development of Agriculture, Forestry and Fisheries (Act No. 81 of 2013) has been issued, the right referred to in Article 5, paragraph (4) of that Act is established or transferred, as prescribed in the promotion plan for the transfer of ownership, etc.;
(x)when those rights are established or transferred by agricultural conciliation under the Civil Conciliation Act (Act No. 222 of 1951);
(xi)when cropland or grazed meadow land or a right related to them is expropriated or used under the Act on Condemnation of Land (Act No. 219 of 1951) or other laws;
(xii)when those rights are established, or transferred by division of estate, a judicial decision, or conciliation regarding the distribution of property under the provisions of Article 768, paragraph (2) of the Civil Code (Act No. 89 of 1896) (including as applied mutatis mutandis pursuant to Articles 749 and Article 771 of that Act), or a judicial decision regarding the distribution of inherited property under the provisions of Article 958-2 of that Act;
(xiii)when the Cropland Intermediary Management Institution acquires those rights under a program of cropland purchase, sale, etc. (as stated in Article 4, paragraph (3), item (i), (b) of the Act on Reinforcement of the Agricultural Management Framework; the same applies below) or the program stated in Article 7, item (i) of the same Act, after giving a notification to the agricultural commission in advance, as prescribed in the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries;
(xiv)when an agricultural cooperative or the Cropland Intermediary Management Institution conducts the business of accepting the trusts referred to in Article 10, paragraph (3) of the Agricultural Cooperatives Act, or the business stated in Article 7, item (ii) of the Act on Reinforcement of the Agricultural Management Framework (collectively referred to below as a "trust business") acquires the ownership by accepting a trust through the trust business and when the settlor or their general successor acquires the ownership on termination of the trust;
(xiv)-2when the Cropland Intermediary Management Institution acquires the cropland intermediary management rights, or subcontracted management rights (this refers to the subcontracted management trustee rights as provided for in Article 8, paragraph (3) of that Act)by implementing the cropland intermediary management program (this refers to the cropland intermediary management program as provided for in Article 2, paragraph (3), item (iii), (b) of the Act on Promotion of the Cropland Intermediary Management Program; the same applies below) after giving a notification to the agricultural commission in advance, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries;
(xiv)-3when the settlor or their general successor acquires ownership due to the termination of a cropland lease trust conducted by the Cropland Intermediary Management Institution (as provided for in Article 2, paragraph (5), item (ii) of the Act on Promotion of the Cropland Intermediary Management Program);
(xv)when a designated city as referred to in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947) (simply referred to below as a "designated city"), under the provisions of Article 19 of the Act on Special Measures concerning Preservation of Traditional Scenic Beauty in Ancient Capitals (Act No. 1 of 1966), acquires ownership by through a purchase under the provisions of Article 11, paragraph (1) of the same Act;
(xvi)any other case specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The permission referred to in the preceding paragraph may not be granted if any of the following items applies; provided, however, that this does not apply when a superficies referred to in Article 269-2, paragraph (1) of the Civil Code or any other right equivalent in substance to it is established or transferred; when an agricultural cooperative or a federation of agricultural cooperatives conducting the business provided for in Article 10, paragraph (2) of the Agricultural Cooperatives Act to acquires the right stated in item (i) at the request of the owner of cropland or grazed meadow land under that paragraph; when an agricultural cooperative or a federation of agricultural cooperatives acquires a loan for use or a right of lease in the case stated in Article 11-50, paragraph (1), item (i) of the same Act; and when there are reasonable grounds specified by Cabinet Order in the cases stated in item (i), item (ii) , and item (iv).
(i)when it is not found certain that a person who intends to acquire the ownership, the superficies, the farming right, the pledge, a loan for use, the right of lease, or any other right to use and derive profit from the cropland and grazed meadow land, or their household members, etc. will efficiently conduct business related to cultivation or livestock farming utilize all of the cropland and grazed meadow land after acquiring those rights, that is to be used for that cultivation or business related to livestock-farming, in light of factors such as whether the machinery that person owns is adequate for the cultivation or business related to livestock-farming, how many people are engaged and assigned to agricultural work, and the status of compliance with this Act, and other laws and regulations concerning agriculture;
(ii)when a corporation other than a corporation eligible to own cropland intends to acquire the rights stated in the preceding item;
(ii)-2when a corporation intends to acquire the rights stated in item (i) from a certified management development corporation as prescribed in Article 16-3, paragraph (1) of the Act on Reinforcement of the Agricultural Management Framework (simply referred to as a "certified management development corporation" in Article 5, paragraph (2), item (ix)) (excluding cases when the certified management development corporation has obtained the certification stated in Article 16-2, paragraph (1) or Article 16-3, paragraph (1) of the same Act for the establishment or transfer of these rights as the matters stated in Article 16-2, paragraph (2), item (v), (a) and (b) of that Act which are stated in its agricultural management development plan (meaning the agricultural management development plan as prescribed in Article 16-2, paragraph (1) of that Act; the same applies in Article 5, paragraph (2), item (ix)));
(iii)when the right stated in item (i) is acquired through acceptance of a trust;
(iv)when the person who intends to acquire the rights stated in item (i) (other than a corporation eligible to own cropland) or their household members, etc. are not found to be regularly engaged in the agricultural work necessary for any business related to cultivation or livestock farming that is conducted following the acquisition;
(v)when a person who conduct any business related to cultivation or livestock farming on cropland or grazed meadow land on a title other than ownership intends to lease or pledge the land as collateral (excluding cases when a temporary lease is intended because cultivation, collecting grass or livestock grazing on the land is impossible due to the death of the person engaged in that business or their household members, etc. or for any of the grounds stated in the items of Article 2, paragraph (2); when the person engaged in that business intends to lease the land to their household members or their equivalent; when an organization to facilitate the use and integration of cropland intends to lease the land under a program of cropland purchase, sale, etc.; when the lease of the land is intended for off-season rice field harvesting (the practice of planting a crop other than rice in rice fields during a period other than the period during which rice is usually planted in rice fields; the same applies below); and when a member of a corporation eligible to own cropland is a person who is regularly engaged who intends to lease the land to the corporation);
(vi)when the business related to cultivation or livestock-farming to be conducted by the person who intends to acquire the rights stated in item (i) or their household members, etc following the acquisition is found to pose a risk of causing a hindrance to ensuring cropland amalgamation, agricultural efficiency or otherwise agriculturally efficient and integrated use of cropland, or grazed meadow land in the surrounding areas, or grazed meadow land for the business, in consideration of the content of the business or the location and scale of the cropland.
(3)The agricultural commission may grant permission under paragraph (1) when a loan for use or a right of lease is established for cropland, or grazed meadow land, and if all of the requirements stated in the following items are met, notwithstanding the provisions of the preceding paragraph (limited to the parts concerning items (ii) and (iv)):
(i)that the written contract includes a condition that a loan for use or a right of lease is cancelled if it is found that the person who intends to acquire those rights does not use the cropland or grazed meadow land appropriately following the acquisition;
(ii)that the person who intends to acquire those rights is expected to conduct agricultural management in a continued and stable manner based on an appropriate division of roles with other farmers in local agriculture;
(iii)that if the person who intends to acquire those rights is a corporation, one or more of the officers who execute the business of the corporation or employees specified by Order of the Ministry of Agriculture, Forestry and Fisheries (referred to as "executive officers, etc." in paragraph (1), item (iii) of the following Article) are found to be regularly engaged in the business related to cultivation or livestock-farming conducted by the corporation.
(4)Pursuant to the provisions of the preceding paragraph, when intending to grant permission under paragraph (1), the agricultural commission is to notify the mayor of the municipality to that effect in advance. In this case, the mayor of the municipality who received the notice may state their opinion when they find it necessary to do so with a view to ensuring agriculturally appropriate and integrated use of cropland or grazed meadow land in the area of the municipality.
(5)The permission referred to in paragraph (1) may be granted with conditions attached.
(6)Any act conducted without the permission stated in paragraph (1) does not become effective.
(Rescission of Permission for the Transfer of Rights to Cropland or Grazed Meadow Land)
Article 3-2
(1)The agricultural commission may recommend a person for whom a loan for use or a right of lease has been established for cropland or grazed meadow land (limited to a person referred to in the provisions of paragraph (3) of the preceding Article, who has obtained permission under paragraph (1) of that Article; the same applies in item (i) of the following paragraph) to take necessary measures by specifying a reasonable period of time, if any of the following items apply:
(i)when the business related to cultivation or livestock-farming conducted by the person in the cropland or grazed meadow land is causing a hindrance to the agriculturally efficient and integrated use of cropland, or grazed meadow land in the surrounding areas;
(ii)when it is found that the person is not engaging in agricultural management in a continued and stable manner, based on an appropriate division of roles with other farmers in local agriculture;
(iii)when the person is a corporation, it is found to that none of the executive officers, etc. of the corporation are regularly engaged in the business related to cultivation or livestock-farming conducted by the corporation.
(2)The agricultural commission must revoke the permission it has granted under paragraph (1) of the preceding Article that has been granted pursuant to the provisions of paragraph (3) of that Article, if any of the following items apply:
(i)when even though it is found that the person for whom a loan for use or a right of lease has been established for cropland or grazed meadow land does not use the cropland or grazed meadow land appropriately, the person who has established the loan for use or the right of lease does not cancel that loan for use, or the right of lease;
(ii)when the person who has received a recommendation under the provisions of the preceding paragraph fails to follow the recommendation.
(3)When the loan for use, or the lease is cancelled in accordance with the conditions provided for in paragraph (3), item (i) of the preceding Article, or when the permission under the provisions of the preceding paragraph is rescinded, and when it is found that the cropland or grazed meadow land is unlikely to be used appropriately and efficiently, the agricultural commission is to take measures to arrange the transfer of the ownership of that cropland, or grazed meadow land, or the establishment of the right to use and derive profit from that land, or take other necessary measures regarding the owner of that land.
(Notification of the Acquisition of Rights to Cropland or Grazed Meadow Land)
Article 3-3A person who has acquired the rights stated in the main clause of Article 3, paragraph (1) for cropland or grazed meadow land must notify the agricultural commission of the municipality where the cropland or grazed meadow land is located to that effect without delay pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries, except when they have acquired those rights with permission referred to in the same paragraph, when any of the items of the same paragraph (excluding items (xii) and (xvi)) applies, and when otherwise specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Restrictions on the Conversion of Cropland)
Article 4
(1)A person who converts cropland to land other than cropland must obtain permission from the prefectural governor (or when that cropland is located in the area of the municipality that has been designated by the Minister of Agriculture, Forestry and Fisheries in consideration of the implementation status of the measures designed to ensure the efficient and integrated use agricultural land or grazed meadow land (referred to below as a "designated municipality"), the mayor of that designated municipality; referred to below as " prefectural governor, etc."); provided, however, that this does not apply to a case falling under any of the following items:
(i)when the cropland for which permission has been granted under paragraph (1) of the following Article is used for the purpose for which that permission has been granted;
(ii)when the State or a prefecture, etc. (meaning a prefecture or a designated municipality; the same applies below) converts cropland to land other than cropland for roads, agricultural irrigation and drainage facilities, and other facilities considered highly necessary in terms of regional development, or agricultural promotion and which are specified by Order of the Ministry of Agriculture, Forestry and Fisheries;
(iii)when the cropland concerning the right stated in Article 18, paragraph (1) of the Act on Promotion of the Cropland Intermediary Management Program that has been established or transferred as prescribed in the promotion plan for the use and integration of agricultural land on which a public notice under the provisions of paragraph (7) of that Article has been issued is used to serve the purposes defined in the promotion plan for the use and integration of agricultural land;
(iv)when the cropland relating to the rights referred to in Article 2, paragraph (3), item (iii) of the Act on the Promotion of the Improvement of Basic Conditions of Agriculture, Forestry and Other Business in Hilly and Mountainous Areas that has been established or transferred as prescribed in the promotion plan for the transfer of ownership, etc. for which a public notice has been given under the provisions of Article 9, paragraph (1) of the same Act, is used to serve the purposes defined in the promotion plan for the transfer of ownership, etc.;
(v)when the cropland is used for the revitalization project provided for in Article 5, paragraph (2), item (ii) of the Act on Promotion of Settlement and Interregional Exchange for Revitalizing Rural Areas in accordance with the revitalization plan prepared pursuant to the provisions of paragraph (1) of that Article (limited to a plan that includes the matters stated in the items of paragraph (4) of that Article); or when the cropland that involves the right referred to in Article 5, paragraph (10) of the same Act that has been established or transferred as prescribed in the promotion plan for the transfer of ownership, etc. for which a public notice under the provisions of Article 9, paragraph (1) of the same Act has been issued, is used to serve the purposes defined in the promotion plan for the transfer of ownership, etc.;
(vi)when the cropland that has been expropriated or used under the Act on Expropriation of Land or other laws is used for the purpose concerning that expropriation or use;
(vii)when the cropland within an urbanization promotion area (referring to an urbanization promotion area specified in Article 7, paragraph (1) of the City Planning Act (Act No. 100 of 1968) (limited to the area agreed on in consultations under the provisions of Article 23, paragraph (1) of the same Act when the consultations are necessary)) is converted to a land other than cropland after giving a notification to the agricultural commission in advance, as prescribed in Cabinet Order;
(viii)any other cases specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)A person seeking the permission referred to in the preceding paragraph must submit, via the agricultural commission, a written application stating the matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries to the prefectural governor, etc., as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)After receiving submission of a written application pursuant to the provisions of the preceding paragraph, the agricultural commission must attach its opinions to the written application and send it to the prefectural governor, etc. within the period specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)When it intends to express its opinions pursuant to the provisions of the preceding paragraph the agricultural commission must (limited to a case where the written application referred to in that paragraph concerns the act of converting cropland with an area of more than 30 ares to land other than cropland for the same business), hear the opinions of the prefectural agency in advance as provided for in Article 43, paragraph (1) of the Act on Agricultural Commission (Act No. 88 of 1951) (referred to as "prefectural agency"); provided, however, that this does not apply if no designation by the prefectural governor has been made under the provisions of Article 42, paragraph (1) of that Act.
(5)Beyond what is provided for in the preceding paragraph, when the agricultural commission finds it necessary to state its opinions under paragraph (3) it may hear the opinions of the prefectural agency.
(6)The permission referred to in paragraph (1) may not be granted if any of the following items applies; provided, however, that this does not apply to the cases stated in item (i) and item (ii), when the applicant intends to convert cropland to land other than cropland for the business on which a public notice under the provisions of Article 26, paragraph (1) of the Act on Expropriation of Land (including a public notice under the provisions of other laws or a public notice found to be a public notice under the provisions of that paragraph; the same applies in paragraph (2) of the following Article) has been issued; when the applicant intends to convert cropland stated in item (i), (a) to land other than cropland for the purpose designated in the agricultural land use plan provided for in Article 8, paragraph (4) of the Act on Establishment of Agricultural Promotion Regions (simply referred to below as "agricultural land use plan"); or when there are reasonable grounds specified by Cabinet Order:
(i)when the applicant intends to convert the following croplands to land other than cropland:
(a)cropland in an area of agricultural land (as provided for in Article 8, paragraph (2), item (i) of the Act on Establishment of Agricultural Promotion Regions; the same applies below);
(b)cropland other than the cropland stated in (a) that is specified by Cabinet Order as cropland that exists collectively, or cropland that otherwise possesses favourable farming conditions (excluding the following croplands in the case of cropland other than cropland specified by Cabinet Order that is located in an urbanization control area (as provided for in Article 7, paragraph (1) of the City Planning Act; the same applies below)):
1.cropland that is located in an urban area, or an area that is significantly becoming urbanized which is specified by Cabinet Order;
2.cropland that is located in an area adjacent to the area referred to in 1. or in any other area expected to become urbanized and is specified by Cabinet Order;
(ii)when the applicant intends to convert cropland other than the cropland stated in (a) and (b) of the preceding item (including the cropland stated in (b), 1. of the same item) to land other than cropland, and is found to be capable of achieving the purpose of the business concerning the application by providing other land in its vicinity, in lieu of the cropland concerning the application;
(iii)when it is not found certain that all of the cropland concerning the application is being used for housing, business facilities, or other purposes concerning the application, because the applicant is found to not have the necessary financial resources or credit necessary to the cropland in the application to land other than cropland, or the consent of the person who has the right to prevent the act of converting the cropland concerning the application to land other than cropland has not been obtained, or for any other reasons specified by Order of the Ministry of Agriculture, Forestry and Fisheries;
(iv)when the conversion of cropland concerning the application to land other than cropland is found to pose the risk of triggering soil erosion, a landslide or other disasters, to pose the risk of causing a hindrance to the functionality of agricultural irrigation and drainage facilities, or otherwise pose the risk of resulting in a hindrance to the farming conditions concerning the surrounding cropland;
(v)a case specified by Cabinet Order as one in which the conversion of the cropland concerning the application to land other than cropland is found to pose the risk of hindrance to the integration of cropland used by those who run efficient and stable agricultural management in the region, or otherwise pose the risk of resulting in become a hindrance to the efficient and integrated agricultural use of cropland in the region;
(vi)when the applicant intends to convert cropland to land other than cropland for installing a temporary structure or other temporary purposes, and where the land is not found certain to be used for cultivation after it has been used for that purpose.
(7)The permission referred to in paragraph (1) must be granted with necessary conditions which include the requirement that the implementation status of the action of converting cropland concerning the application to land other than cropland must be reported through the agricultural commission to the prefectural governor, etc. until the action is completed.
(8)When the State or a prefecture, etc. intends to convert cropland to land other than cropland (excluding a case that falls under any of the items of paragraph (1)), the permission referred to in that paragraph is deemed to have been granted upon agreement between the State or the prefecture, etc. and the prefectural governor, etc.
(9)The prefectural governor, etc. must hear the opinions of the agricultural commission in advance when they intend to reach the agreement referred to in the preceding paragraph.
(10)The provisions referred to in paragraphs (4) and (5) apply mutatis mutandis when the agricultural commission intends to state its opinion pursuant to the provisions of the preceding paragraph.
(11)In addition to what is provided for in paragraph (1), any matters necessary for the designation of designated municipality and their revocation is specified by Cabinet Order.
(Restrictions on the Transfer of Rights for the Conversion of Cropland or Grazed Meadow Land)
Article 5
(1)When a person concerned establishes or transfers rights to the land stated in the main clause of Article 3, paragraph (1), that persons must obtain permission from the prefectural governor, etc., in order to convert cropland to land other than cropland, or grazed meadow land to land other than grazed meadow land (excluding cropland; the same applies in the following paragraph and paragraph (4)); provided, however, that this does not apply to a case falling under any of the following items:
(i)when the State or a prefecture, etc. acquires the rights for the purpose of using the facilities specified by Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in paragraph (1), item (ii) of the preceding Article;
(ii)when a rights referred to in Article 18, paragraph (1) of the Act on Promotion of the Cropland Intermediary Management Program is established, or transferred to provide cropland or grazed meadow land for serving the purposes defined in the promotion plan for use and integration of agricultural land on which a public notice under the provisions of paragraph (7) of that Article has been issued, pursuant to the promotion plan for the use and integration of agricultural land;
(iii)when a right referred to in Article 2, paragraph (3), item (iii) of the Act on the Promotion of the Improvement of Basic Conditions of Agriculture, Forestry and Other Business in Hilly and Mountainous Areas is established or transferred to provide cropland or grazed meadow land for serving the purpose defined in the promotion plan for the transfer of ownership, etc. on which a public notice under the provisions of Article 9, paragraph (1) of the same Act has been issued, as prescribed in the promotion plan for the transfer of ownership, etc.;
(iv)when the rights referred to in Article 5, paragraph (10) of the Act on Promotion of Settlement and Interregional Exchange for Vitalizing Rural Areas is established, or transferred to provide cropland or grazed meadow land for serving the purpose defined in the promotion plan for the transfer of ownership, etc. on which a public notice under the provisions of Article 9, paragraph (1) of the same Act has been issued, as prescribed in the promotion plan for the transfer of ownership, etc.;
(v)when cropland or grazed meadow land, or rights related to them are expropriated or used under the Act on Expropriation of Land and other laws;
(vi)when rights to cropland or grazed meadow land within an urbanization promotion area provided for in paragraph (1), item (vii) of the preceding Article are acquired to convert the land to land other than cropland and grazed meadow land, after notifying the agricultural commission in advance, as prescribed in Cabinet Order;
(vii)any other case specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The permission referred to in the preceding paragraph may not be granted if any of the following items applies; provided, however, that this does not apply as far as the cases stated in item (i) and item (ii) are concerned, when the applicant intends to acquire rights stated in the main clause of Article 3, paragraph (1) for the business on which a public notice under the provisions of Article 26, paragraph (1) of the Act on Expropriation of Land has been issued; when the applicant intends to acquire those rights to cropland or grazed meadow land stated in item (i), (a) for the purpose designated in the agricultural land use plan; or other cases that there are reasonable grounds specified by Cabinet Order:
(i)when the applicant intends to acquire the rights stated in the main clause of Article 3, paragraph (1) to the following cropland or grazed meadow land:
(a)cropland or grazed meadow land within an area of agricultural land;
(b)cropland or grazed meadow land other than grazed meadow land or grazed meadow land stated in (a) that is specified by Cabinet Order as cropland or grazed meadow land that exists collectively or cropland or grazed meadow land that otherwise possesses favourable farming conditions (excluding the following croplands or grazed meadow land in the case of cropland, or cropland other than grazed meadow land, or grazed meadow land that is located in an urbanization control area, as specified by Cabinet Order):
1.cropland or grazed meadow land within an urban area, or an area that is significantly becoming urbanized, as specified by Cabinet Order;
2.cropland or grazed meadow land that is located in an area adjacent to the area referred to in (1), or in any other area expected to become urbanized, as specified by Cabinet Order;
(ii)when the applicant intends to acquire the rights stated in the main clause of Article 3, paragraph (1) to convert cropland other than cropland referred to in item (i)(a) and (b) of the preceding item (including the cropland stated in (b), 1. of the same item) to land other than cropland, or to convert grazed meadow land other than grazed meadow land stated in (a) and (b) of the same item (including grazed meadow land stated in (b), 1. of the same item) to land other than grazed meadow land, and is found to be capable of achieving the purpose of the business concerning the application by providing other land in its vicinity, in lieu of the cropland, or grazed meadow land concerning the application;
(iii)when the person who intends to acquire the rights stated in the main clause of Article 3, paragraph (1) is not found certain use all cropland or grazed meadow land concerning the application for housing, facilities to be used for the business, or other purposes concerning the application because the person is not found to have the financial resources and credit necessary to conduct the act of converting the cropland concerning the application to land other than cropland, or the act of converting the grazed meadow land concerning the application to land other than grazed meadow land, because they have not obtained the consent of the person who has the right that may impede the act of converting cropland concerning the application to land other than cropland, or the act of converting the grazed meadow land concerning the application to land other than grazed meadow land, or on any other grounds specified by Order of the Ministry of Agriculture, Forestry and Fisheries;
(iv)when the conversion of cropland to land other than cropland relating to the application, or the conversion of grazed meadow land to land other than grazed meadow land relating to the application is found to pose the risk of triggering soil erosion, landslide or other disasters, is found to pose the risk of causing a hindrance to the functionality of agricultural irrigation and drainage facilities, or is found to pose the risk of resulting in the hindrance to farming conditions concerning the surrounding cropland, or grazed meadow land;
(v)a case specified by Cabinet Order as one in which the conversion of cropland concerning the application to land other than cropland or the conversion of grazed meadow land concerning the application to land other than grazed meadow land is found to pose the risk of causing a hindrance to the integration of cropland, or grazed meadow land used by those who run efficient and stable agricultural management in the region, or is found to pose the risk of resulting in a hindrance to securing agriculturally efficient and integrated use of cropland, or grazed meadow land in other regions;
(vi)when an applicant intends to acquire ownership for the purposes of installing a temporary structure or other temporary purposes;
(vii)when rights other than ownership rights stated in the main clause of Article 3, paragraph (1) are intended to be acquired regarding cropland for the installation of temporary structures or other temporary uses, and it is not found certain that the land will be used for cultivation purposes after the land has been put to such use, or when seeking to acquire those rights for the grazed meadow land, it is not found to be certain that the land will be used for cultivation purposes, or for the purpose of harvesting grass or grazing livestock primarily for cultivation or livestock farming business, after the land has been put to that use.
(viii)when an attempt is made to acquire the rights stated in the main clause of Article 3, paragraph (1) to convert cropland to grazed meadow land and when the acquisition is found applicable to any of the cases where permission referred to in paragraph (1) of that Article may not be granted under paragraph (2) of that Article.
(ix)when a corporation intends to acquire rights stated in the main clause of Article 3, paragraph (1) from a certified management development corporation (excluding when the certified management development corporation has obtained the certification referred to in Article 16-2, paragraph (1) or Article 16-3, paragraph (1) of the Act on Reinforcement of the Agricultural Management Framework regarding the establishment or transfer of those rights as the matters stated in Article 16-2, paragraph (2), item (v), (a) and (b) of the Act which are stated in its agricultural management development plan).
(3)The provisions of Article 3, paragraph (6), and paragraphs (2) through (5) and paragraph (7) of the preceding Article apply mutatis mutandis to the case referred to in paragraph (1). In this case, the term "the written application referred to in that paragraph concerns the act of converting cropland with an area of more than 30 ares to land other than cropland" in paragraph (4) of that Article is deemed to be replaced with "the written application referred to in that paragraph concerns the act of acquiring rights stated in the main clause of Article 3, paragraph (1) for cropland, and grazed meadow land to convert cropland to land other than cropland, and convert grazed meadow land to land other than grazed meadow land (excluding cropland), and for the act of acquiring rights for cropland or grazed meadow land thereby for the same business"; the term "the act of converting cropland concerning the application to land other than cropland" in paragraph (7) of that Article is deemed to be replaced with "the act of converting cropland concerning the application to land other than cropland or the act of converting the grazed meadow land concerning the application to grazed meadow land other than grazed meadow land (excluding cropland)," and "the act" is to be replaced with "these acts."
(4)When the State or a prefecture, etc. intends to acquire the right to land stated in the main clause of Article 3, paragraph (1) for converting cropland to land other than cropland or converting grazed meadow land to land other than grazed meadow land (excluding in a case that falls under any of the items of paragraph (1)), the permission referred to in paragraph (1) is deemed to have been granted upon agreement between the State or a prefecture, etc. and the prefectural governor, etc.
(5)The provisions of paragraphs (9) and (10) of the preceding Article apply mutatis mutandis to cases when a prefectural governor, etc. intends to reach the agreement referred to in the preceding paragraph. In this case, the term "pursuant to the provisions of the preceding paragraph" is deemed to be replaced with "pursuant to the provisions of the preceding paragraph. In this case, the phrase 'the written application referred to in that paragraph concerning the act of converting cropland with an area of more than 30 ares to land other than cropland for the same business' in paragraph (4), is deemed to be replaced with 'the written application referred to in that paragraph concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than 30 ares or grazed meadow land thereby, to the conversion of cropland to land other than cropland, or convert grazed meadow land to land other than grazed meadow land (excluding cropland) for that business.'"
(Reporting by Corporations Eligible to Own Cropland)
Article 6
(1)A corporation eligible to own cropland that owns cropland, or grazed meadow land (excluding when the land was not cropland or land not for the purpose of harvesting grass or livestock grazing when the corporation acquired the rights referred to in the provisions of Article 3, paragraph (1) for the land and cases specified by Cabinet Order; the same applies below in this paragraph) or uses cropland or grazed meadow land owned by a person other than the corporation (excluding land concerning a loan for use or a right of lease that has been established for the corporation with permission under paragraph (1) of that Article subject to the provisions of paragraph (3) of that Article) for the cultivation or business related to livestock-farming of the corporation must report every year to the agricultural commission on the status of the business, and other matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies to a corporation that was a corporation eligible to own cropland but is no longer a corporation eligible to own cropland (including the case where a corporation eligible to own cropland dissolved by merger or split and the corporation that has been established as a result of the merger, or has survived the merger, or the corporation that succeeded the right to that cropland, or grazed meadow land, following the split as stated in that paragraph is not a corporation eligible to own cropland; the same applies in Article 7, paragraph (1) of the following Article) and its general successor.
(2)If the agricultural commission finds that a corporation eligible to own cropland is at risk of failing to satisfy the requirements stated in the items of Article 2, paragraph (3), based on the reporting under the provisions of the first sentence of the preceding paragraph, the commission may recommend to the corporation that it take any necessary measures.
(3)If the agricultural commission has made a recommendation under the provisions of the preceding paragraph, after receiving a notification from the corporation that has received the recommendation that it will assign the ownership of the cropland or grazed meadow land it owns, the agricultural commission must endeavor to arrange the assignment of the ownership of that land.
(Reporting by Persons Other Than Corporations Eligible to Own Cropland)
Article 6-2
(1)A person for whom a loan for use or a right of lease has been established by obtaining the permission referred to in Article 3, paragraph (1) pursuant to the provisions of paragraph (3) of that Article, and a person provided for in Article 18, paragraph (5), item (iii) of the Act on Promotion of the Cropland Intermediary Management Program to whom a loan for use, or a right of lease has been established or transferred as prescribed in the promotion plan for use and integration of agricultural land on which a public notice under the provisions of paragraph (7) of that Article has been issued, must report every year on the status of the program and other matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries to the agricultural commission, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If the agricultural commission finds that the person provided for in Article 18, paragraph (5), item (iii) of the Act on Promotion of the Cropland Intermediary Management Program, to whom the right of lease or the right through a loan for use has been established or transferred, as prescribed in the plan for promoting the use and integration of agricultural land on which a public notice under the provisions of paragraph (7) of that Article has been issued, does not fall under the requirements stated in the same item, or falls under any other case specified by the Order of the Ministry of Agriculture, Forestry and Fisheries, the commission is to notify the Cropland Intermediary Management Institution to that effect.
(Purchase When a Corporation Eligible to Own Cropland Ceases to be Qualified as a Corporation Eligible to Own Cropland)
Article 7
(1)When a corporation eligible to own cropland has ceased to be a corporation eligible to own cropland, if the corporation or its general successor owns cropland, or grazed meadow land, or if cropland or grazed meadow land owned by a person other than the corporation, or its general successor is used for the cultivation or business related to livestock-farming of the corporation or its general successor, the State will purchase that land; provided, however, that this does not apply to cases where the land was land other than cropland and land other than grazed meadow land when the corporation acquired the rights stated in Article 3, paragraph (1), other cases specified by Cabinet Order, and cases concerning the loan for use, or the right of lease that has been established for the corporation with permission in accordance with the provisions of paragraph (1) of that Article subject to paragraph (3) of that Article.
(2)If the agricultural commission finds that there is cropland or grazed meadow land that is to be purchased under to the provisions of the preceding paragraph, the commission must issue a public notice of the matters stated in the following items and make a document stating these matters available for public inspection at its office for a period of one month from the day following the date of public notice:
(i)the name and address of the owner of the cropland, or grazed meadow land;
(ii)the location, parcel number, land category, and area of the cropland or grazed meadow land;
(iii)any other necessary matters.
(3)The agricultural commission must notify the landowner of the matters stated in the items of that paragraph without delay, when it has issued a public notice under the provisions of the preceding paragraph,; provided, however, that this does not apply if the person cannot be ascertained even after a search has been conducted with reasonable efforts, by a method specified by Cabinet Order.
(4)If the cropland or grazed meadow land that is to be purchased under the provisions of paragraph (1) concerns a recommendation under the provisions of Article 6, paragraph (2), the agricultural commission is not to issue a public notice under the provisions of paragraph (2) for a period of three months from the day following the date of the recommendation (if it receives a notification under paragraph (3) of that Article, the date of the notification) (if a request for permission under the provisions of Article 3, paragraph (1) or Article 18, paragraph (1) has been made during that period and no disposition regarding it has been made by the time of termination of the period, then until the time when the disposition is made).
(5)When the agricultural commission has issued a public notice pursuant to the provisions of paragraph (2) regarding the cropland or grazed meadow land that is to be purchased under the provisions of paragraph (1), and if that corporation has made a notification that it has come to satisfy all the requirements stated in the items of Article 2, paragraph (3) within a period of three months from the day following the date of the public notice, and the notification is found to be true as a result of an examination, the agricultural commission must revoke that public notice without delay, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(6)If a notification under the provisions of the preceding paragraph has been made and if the notification is not found to be true as a result of an examination, the agricultural commission must issue a public notice to that effect without delay.
(7)If the public notice has been revoked pursuant to the provisions of paragraph (5), the State is not to purchase the cropland or grazed meadow land on which the public notice has been issued, under the provisions of paragraph (1).
(8)If the owner of the cropland, or grazed meadow land for which a public notice has been issued pursuant to the provisions of paragraph (2), or a person who has others use and derive profit from that land under titles other than ownership, regarding the cropland, or grazed meadow land on which the public notice has been issued, within a period of three months, commencing from the day following the expiration date of the period provided for in paragraph (5) (for which notification under the provisions of that paragraph has been made by that date, and a public notice under paragraph (6) has been given, the date of the public notice for the cropland or grazed meadow land on which the public notice has been given), as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, when ownership is assigned, the superficies or farming right is extinguished, the loan for use is terminated by agreement, the lease for land is terminated, offered the termination, terminated by agreement, or has given notice not to renew the lease, or extinguished any other right to use and derive profit from that land, is a purchase under paragraph (1) of that cropland or grazed meadow land is not to be made. If an application for permission under the provisions of Article 3, paragraph (1) or Article 18, paragraph (1) has been filed within that period, and no disposition has been made by the end of that period, the same applies until the disposition is made.
(9)The agricultural commission must endeavor to make arrangements for the assignment of the ownership of the land, until the time of termination of the period referred to in the preceding paragraph, upon receiving a notification from the corporation or its general successor referred to in paragraph (1) that it will assign the ownership of the cropland, or grazed meadow land it owns.
(Sending of Related Document by the Agricultural Commission)
Article 8
(1)When the State is to purchase cropland, or grazed meadow land pursuant to paragraph (1) of the preceding Article, the agricultural commission must send a document stating the matters stated in the following items to the Minister of Agriculture, Forestry and Fisheries without delay:
(i)the name and address of the owner of the cropland or grazed meadow land;
(ii)the location, parcel number, land category, and area of the cropland or grazed meadow land;
(iii)when a statutory lien, pledge or mortgage is placed on the cropland, or grazed meadow land, or when a right under a provisional registration, or a right regarding the execution of provisional disposition exists concerning ownership in relation to the cropland, or grazed meadow land, the type of that right and the name and address of the person who has the right.
(2)In sending the document referred to in the preceding paragraph, when a statutory lien, pledge or mortgage is placed on the cropland or grazed meadow land that is to be purchased or if a right regarding the execution of provisional disposition exists concerning ownership in relation to the cropland or grazed meadow land, the agricultural commission must notify the person who owns those rights that they should report to the Minister of Agriculture, Forestry and Fisheries on whether they need to deposit with an official depository of the consideration within 20 days, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(Issuance and Public Inspection of Written Purchase Orders)
Article 9
(1)The Minister of Agriculture, Forestry and Fisheries must prepare a written purchase order stating the matters stated in the following items, in accordance with the descriptions in the document that has been sent pursuant to the provisions of paragraph (1) of the preceding Article, and deliver it to without delay to the owner of the cropland or grazed meadow land, and a transcript of that to the agricultural commission (or when the notice under the provisions of paragraph (2) of that Article has been issued, without delay after the passage of the period referred to in that paragraph):
(i)the matters stated in the items of paragraph (1) of the preceding Article;
(ii)the date of purchase;
(iii)consideration;
(iv)the means of payment of the consideration (when the consideration is deposited with an official depository pursuant to the provisions of paragraph (2) of the following Article, that effect);
(v)any other necessary matters.
(2)The Minister of Agriculture, Forestry and Fisheries may issue a public notice on its content in lieu of the delivery, if they are unable to deliver a written purchase order under the provisions of the preceding paragraph.
(3)If a transcript of a written purchase order has been received, the agricultural commission must issue a public notice to that effect without delay, and make the transcript available for public inspection at its office for a period of 20 days from the day following the date of the public notice.
(Consideration)
Article 10
(1)The consideration referred to in paragraph (1), item (iii) of the preceding Article is the amount calculated as prescribed in Cabinet Order.
(2)When a statutory lien, pledge or mortgage is placed on the cropland or grazed meadow land that is to be purchased, or where a right under a provisional registration or a right regarding the execution of provisional disposition exists concerning ownership in relation to the cropland or grazed meadow land, the State must deposit the consideration with an official depository, except in the case when the person who owns those rights has made a notification that the deposit of the consideration with an official depository may not be necessary.
(3)In addition to the cases provided for in the preceding paragraph, the State may also deposit the price with an official depository in the following cases:
(i)if the payment of the price has been offered, and the person who is to receive the payment of the price has refused to receive it;
(ii)when the person who is to receive payment of the consideration is unable to receive the consideration;
(iii)the person to who is to receive the consideration cannot be ascertained even after a search has been conducted by a method specified by Cabinet Order as one in which reasonable efforts are found to have been made; ;
(iv)the payment of the consideration is prohibited as a result of attachment or provisional attachment.
(4)Deposit of the consideration under the provisions of the preceding two paragraphs is to be made with an official depository in the location of the cropland, or grazed meadow land to be purchased.
(Effect)
Article 11
(1)If the State has made the payment or deposit with an official depository of the consideration stated in a written purchase order by the date of purchase stated in that written purchase order, the statutory lien, pledge and mortgage placed on the cropland or grazed meadow land, and the rights under a provisional registration concerning ownership concerning the cropland or grazed meadow land are extinguished on that date, the execution of a provisional disposition concerning ownership concerning the cropland or grazed meadow land ceases to be effective, and the State acquires the ownership of the cropland or grazed meadow land.
(2)A person who owns a statutory lien, pledge or mortgage to be extinguished pursuant to the provisions of the preceding paragraph may exercise those rights regarding the consideration deposited with an official depository pursuant to paragraph (2) or (3) of the preceding Article.
(3)When the State fails to pay or deposit the consideration stated in the written purchase order with an official depository by the date of purchase stated in the written purchase order, then that written purchase order ceases to be effective.
(4)For the application referred to in the provisions of paragraph (1) and the preceding paragraph, pursuant to Article 21, paragraph (1) of the Public Accounting Act (Act No. 35 of 1947), when the State delivers necessary funds for the payment of the consideration to the Bank of Japan to have it carry out remittance procedures, and issues a notice to that effect to the owner of the cropland, or grazed meadow land, the time of the arrival of that notice is deemed to be the time when the State has made payment of the consideration.
(Purchase of Incidental Facilities)
Article 12
(1)When making a purchase under the provisions of Article 7, paragraph (1), the State may also purchase the land (excluding cropland and grazed meadow land), standing trees, buildings, other structures, or the right of use of water (referred to below as "incidental facilities") owned by the owner of the cropland or grazed meadow land to be purchased, if the agricultural commission finds it particularly necessary for the use of cropland in agriculture, or grazed meadow land.
(2)The provisions of Article 8 to the preceding Article are to apply mutatis mutandis to cases where purchases under the preceding paragraph are made. In this case, the term "the location, parcel number, land category, and area of the cropland, or grazed meadow land " in Article 8, paragraph (1), item (ii) is to be replaced with "the location, parcel number, land category, and area of the land; the tree species, numbers, and locations of the standing trees; the type and locations of the structures; and the details of the right of use of water".
(Special Provisions for Registration)
Article 13Special provisions for the Real Property Registration Act (Act No. 123 of 2004) may be established by Cabinet Order, regarding the registration of the land or building that the State purchases pursuant to Article 7, paragraph (1) or paragraph (1) of the preceding Article.
(On-Site Inspections)
Article 14
(1)The agricultural commission may have its members, promoters (as provided for in the same Act Article 17, paragraph (1); the same applies in the following paragraph) or staff members enter the offices, and other places of business of a corporation to conduct inspections if it is necessary for making a purchase under the provisions of Article 7, paragraph (1), in addition to on-site inspections under the provisions of Article 35, paragraph (1) of the Act on Agricultural Commission.
(2)Any commission member, promoter, or staff member who conducts on-site inspections must carry their identification cards and present them to relevant persons, pursuant to the provisions of the preceding paragraph.
(3)The authority to conduct an on-site inspection under the provisions of paragraph (1) must not be construed as being granted for criminal investigation purposes.
(Effect Against Successors)
Article 15The issuance of a notice under the provisions of Article 8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 12, paragraph (2)) and a written purchase order under the provisions of Article 9 (including when applied mutatis mutandis pursuant to Article 12, paragraph (2)) is also effective against the successor of the person who has received the notice or order.
Chapter III Management of Relationships over Cropland Use
(Perfection of the Right of Lease of Cropland or Grazed Meadow Land)
Article 16
(1)The lease of cropland or grazed meadow land may, even if it is not registered, be asserted against a third party who has subsequently acquired a real right to that cropland, or grazed meadow land, upon transfer of the cropland or grazed meadow land.
(Renewal of Cropland or Leases of Grazed Meadow Land)
Article 17When a lease of cropland, or grazed meadow land has a prescribed term, and a person concerned has failed to notify the other person concerned of their intention not to renew the lease between one year and six months before the expiration of the term (or between six months and one month before the expiration of the term when it is clear that a temporary lease has been entered into because cultivation, grass harvesting, or livestock grazing on the land is not possible due to the death of the lessor, or their household members, etc., or for any of the grounds stated in Article 2, paragraph (2)), a further lease is deemed to have been entered into under the same conditions as the previous lease; provided, however, that this does not apply to leases for off-season rice field harvesting whose term is less than one year, leases concerning the cropland intermediary management rights that have been established pursuant to the provisions of Articles 37 through 40, and leases concerning the lease rights that have been established or transferred, pursuant to the plan for promoting the use and integration of agricultural land on which a public notice has been issued under Article 18, paragraph (7) of the Act on Promotion of the Cropland Intermediary Management Program.
(Restrictions on the Termination of Leases of Cropland or Grazed Meadow Land Leases)
Article 18
(1)The persons concerned for a lease of cropland, or grazed meadow land must not cancel, offer the termination, or terminate by agreement the lease, or give notice of non-renewal of the lease, without obtaining permission from the prefectural governor as prescribed in Cabinet Order; provided, however, that this does not apply to any case falling under any of the following items:
(i)when an offer for termination, termination by agreement, or notice is given of non-renewal of the lease regarding a trust property concerning a trust business (excluding when the lease existed before the acceptance of the trust concerning the trust property, and when a request for termination has been made, or the termination by agreement, the date on which the lease terminates due to these acts, and when notice of termination of the lease has been given, the date when the term of the lease expires does not fall within one year before the date on which the trust is terminated by the trust act concerning the trust);
(ii)when termination by agreement is made on the basis of an agreement that is reached within six months before the time limit for the transfer of the cropland, or grazed meadow land by the termination and which is clearly stated in writing, or by agricultural conciliation under the Civil Conciliation Act;
(iii)when a notice of non-renewal of a lease is given regarding a lease with a prescribed term of more than 10 years (excluding a lease in which the right to terminate is reserved, and a lease whose term has been changed before the date of its expiration with a remaining term of less than 10 years), or regarding a lease for off-season rice field harvesting;
(iv)when a lease concerning the right of lease that has been established with the permission referred to in the provisions Article 3, paragraph (1) subject to paragraph (3) of that Article has been cancelled after giving a notification to the agricultural commission in advance, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, if it is found that the lessee has not been using the cropland, or grazed meadow land appropriately;
(v)when cancellation of the lease related to cropland, or grazed meadow land leased by the Cropland Intermediary Management Institution for implementing the business stated in Article 2, paragraph (3), item (i) of the Act on Promotion of the Cropland Intermediary Management Program, or which the institution has lent for implementing the business stated in Article 7, item (i) of the Act on Reinforcement of the Agricultural Management Framework is to be made with the approval of the prefectural governor pursuant to the provisions of Article 20 or Article 21, paragraph (2) of the Act on Promotion of the Cropland Intermediary Management Program.
(2)The permission stated in the preceding paragraph must not be granted except in the following cases:
(i)where the lessee has committed an act in breach of good faith;
(ii)when the conversion of the cropland, or grazed meadow land to land other than cropland, or grazed meadow land is regarded reasonable;
(iii)when the use of the cropland or grazed meadow land for business related to cultivation or livestock-farming is regarded reasonable, taking into consideration such factors as the livelihood of the lessee (or the management of the corporation) and the management ability of the lessor;
(iv)when the lessee has received a recommendation under the provisions of Article 36, paragraph (1) regarding the cropland;
(v)when the corporation eligible to own cropland which is the lessee has ceased to qualify to own cropland, and the lessor who was a member of the corporation eligible to own cropland that is the lessee has ceased to be a member of that corporation, and where the lessor or their household members, etc. are found to be capable of operating business related to cultivation or livestock farming with the effective use of all the cropland and grazed meadow land that is to be used for cultivation, or business related to livestock farming after obtaining the permission, and are found to be regularly engaged in the agricultural work necessary for that business; or
(vi)when there are other justifiable grounds.
(3)The prefectural governor must hear the opinions of the prefectural agency in advance, when they intend to grant permission pursuant to paragraph (1); provided, however, that this does not apply if no designation of the prefectural governor under the provisions of Article 42, paragraph (1) of the Act on Agricultural Commission has been made.
(4)The permission referred to in paragraph (1) may be granted with conditions attached.
(5)Any act conducted without the permission referred to in paragraph (1) is invalid.
(6)If a person has offered the termination of a lease of cropland or grazed meadow land, terminated it by agreement, or given notice of non-renewal without the need for permission referred to in paragraph (1) pursuant to the proviso to that paragraph, they must notify the agricultural commission to that effect, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(7)Any lease conditions that are different from the provisions of the preceding Article or Article 617 (Offers to Terminate Leases with Indefinite Terms) or Article 618 (Reservation of Rights to Terminate Leases with Definite Terms) of the Civil Code, and disadvantageous to the lessee compared with those provisions are deemed to not be provided.
(8)Any termination conditions (excluding the conditions provided for in Article 3, paragraph (3), item (i) and Article 18, paragraph (2), item (ii), (f) of the Act on Promotion of the Cropland Intermediary Management Program) or an uncertain due date attached to a lease of cropland or grazed meadow land is deemed not to be attached.
Article 19Deleted
(The Right to Request an Increase or Decrease in Rent)
Article 20
(1)When the amount of rent, etc. (meaning rent or rent payable by a superficiary where a right of lease or a superficies is established for cropland or cultivation (including, if a right of lease or a superficies of land other than cropland or a right of lease of a structure such as a building is established and if its rent or its rent payable by a superficiary is inseparable from the rent, or the rent payable by a superficiary of cropland, the rent or rent payable by a superficiary of the land other than cropland or structure, incidental to the establishment of the right of lease or the superficies.) and rent payable by a farming right holder when a farming right is established for cropland; the same applies below) becomes unreasonable due to an increase or decrease in the price or production cost of agricultural produce, or other changes in the economic situation, or in comparison to the amount of the rent, etc. of similar cropland in the vicinity, the persons concerned may, notwithstanding the contract conditions, request an increases or decrease in the amount of rent, etc. for the future; provided, however, that when special provisions exist that the rent, etc. will not be increased for a fixed period of time, those provisions apply.
(2)If the persons concerned fail to reach an agreement regarding an increase in rent, etc. through consultation, it is sufficient for the party who has received that demand to pay the amount of rent, etc. that is considered to be reasonable, until a judicial decision determining the increase to be reasonable becomes final and binding; provided, however, that when that judicial decision becomes final and binding, the person must, pay the shortfall amount with the addition of an interest on late payments at the rate of ten percent per year, if the amount already paid is insufficient.
(3)If the persons concerned fail to reach an agreement on a decrease in the amount of rent, etc. through consultation, the person concerned which has received that demand may demand the payment of the amount of rent, etc. that is considered reasonable until the judicial decision determining the reduction to be reasonable becomes final and binding; provided, however, that when that judicial decision becomes final and binding, the party must repay the excess amount with the addition of an interest at the rate of ten percent per year from the time it received the payment, if the amount it has already received exceeds the amount of rent, etc. that is determined to be reasonable.
(Documentation of Contracts)
Article 21The persons concerned for a lease contract for cropland or grazed meadow land must clearly state in writing the duration, the amount of rent, etc. and the terms of payment, and other details of the contract, and any other contract incidental to that.
(Special Provisions for Compulsory and Other Auctions)
Article 22
(1)If no purchase offer that should be accepted has been made on the date on which bidding or an auction was to be held for the cropland or grazed meadow land on which a commencement order for a compulsory auction, or other auction for the exercise of a security right has been made (including an auction held in accordance with such a procedure; simply referred to below as "auction"), the person who requested a compulsory auction, or other auction may, in accordance with the procedures specified by Order of the Ministry of Agriculture, Forestry and Fisheries make a suggestion to the Minister of Agriculture, Forestry and Fisheries that the State should buy the land.
(2)When the suggestion referred to in the preceding paragraph is made, the Minister of Agriculture, Forestry and Fisheries must make an offer to the court to purchase the land by the date on which the next bidding or auction is to be held for the price calculated as prescribed in Cabinet Order referred to in Article 10, paragraph (1), except in the following cases:
(i)when the minimum purchase price as provided for in Article 60, paragraph (3) of the Civil Execution Act (Act No. 4 of 1979) exceeds the amount calculated as prescribed in Cabinet Order referred to in Article 10, paragraph (1);
(ii)when the State becomes the purchaser, it is necessary to pay off any claims secured by any rights of retention, statutory liens, pledges or mortgages on the land;
(iii)when the terms of sale have been changed to the disadvantage of the State; or
(iv)when rights under a provisional registration, or rights regarding the execution of a provisional disposition remains regarding the ownership of the land, even after the State becomes the purchaser.
(3)When an offer referred to in the preceding paragraph has been made, it is deemed that the State has become the highest bidder through a compulsory auction, or other auction. The purchase offer price in this case is the amount calculated as prescribed in Cabinet Order referred to in Article 10, paragraph (1).
(Special Provisions for Public Auctions)
Article 23
(1)When no purchaser has been found for the cropland or grazed meadow land which has been put up for public auction based on a disposition to collect arrears under the National Tax Collection Act (Act No. 147 of 1959) (including a disposition to collect arrears made under the same rule as that applicable to them) if, in accordance with the procedures specified by Order of the Ministry of Agriculture, Forestry and Fisheries, the administrative agency that has made the disposition to collect arrears has suggested to the Minister of Agriculture, Forestry and Fisheries that the State should buy the land for the amount calculated as prescribed in Cabinet Order referred to in Article 10, paragraph (1), the Minister of Agriculture, Forestry and Fisheries must notify the administrative agency that they will buy the land, except in cases stated in paragraph (2), items (ii) to (iv) of the preceding Article.
(2)On receipt of the notification referred to in the preceding paragraph, it is deemed that the State has become the purchaser through the public auction.
(Notice to the Agricultural Commission)
Article 24If the State has acquired cropland or grazed meadow land pursuant to the preceding two Articles, the Minister of Agriculture, Forestry and Fisheries must notify the agricultural commission to that effect.
(Intermediation for Settlement by the Agricultural Commission)
Article 25
(1)When a petition for intermediation has been filed by either or both of the persons concerned for a settlement to a dispute regarding the use of cropland or grazed meadow land in accordance with the procedures specified by Order of the Ministry of Agriculture, Forestry and Fisheries, the agricultural commission may intermediate for a settlement; provided, however, that the agricultural commission may suggest that the prefectural governor should intermediate for a settlement, if it finds it difficult or inappropriate to intermediate for a settlement to the dispute, with the consent of the persons who filed that petition .
(2)Intermediation for a settlement by the agricultural commission is conducted by three intermediation commissioners who are designated by the chairperson of the agricultural commission from among the members of the agricultural commission for each case.
(Hearing the Opinion of the Tenant Farming Affairs Officer)
Article 26
(1)When intermediating a settlement regarding the matters provided for in the main clause of Article 18, paragraph (1), the intermediation commissioners must hear the opinion of the tenant farming affairs officer.
(2)The intermediation commissioners may seek the opinion of the tenant farming affairs officer, if they find it necessary for the intermediation of a settlement.
(Duties of the Intermediation Commissioners)
Article 27Intermediation commissioners must endeavor to investigate the actual circumstances of disputes in detail, and have any case settled in a fair manner.
(Intermediation of a Settlement by a Prefectural Governor)
Article 28
(1)When a suggestion is made under the proviso of Article 25, paragraph 1, the prefectural governor will mediate a settlement.
(2)The prefectural governor may designate a tenant farming affairs officer, or other official and have that official intermediate for a settlement, if they find it necessary.
(3)The provisions of the preceding Article apply mutatis mutandis to intermediation for a settlement under the provisions of the preceding two paragraphs.
(Delegation to Cabinet Order)
Article 29In addition to what is specified in Article 25 to the preceding Article, any matters necessary for intermediation of a settlement are specified by Cabinet Order.
Chapter IV Measures for Idle Cropland
(Usage Survey)
Article 30
(1)The agricultural commission must conduct a survey on the usage of cropland within the area for which it is responsible (referred to below as a "usage survey") once a year as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The agricultural commission may conduct a usage survey whenever it finds it necessary.
(Application to the Agricultural Commission)
Article 31
(1)If any person stated in the following items finds that there is cropland that falls under any of the items of paragraph (1) of the following Article, that person may notify the agricultural commission to that effect and request that it takes appropriate measures:
(i)an agricultural cooperative, a land improvement district, or other organizations of farmers specified by Order of the Ministry of Agriculture, Forestry and Fisheries, which covers all or part of the area of the municipality in which the cropland is located;
(ii)a person who engages in agriculture in the area that surrounds the cropland (limited to a person for whom the cropland is found to result in, or pose the risk of resulting in significant hindrance, to their farming conditions);
(iii)the Cropland Intermediary Management Institution.
(2)The agricultural commission must conduct a usage survey or take other appropriate measures regarding cropland, upon receipt of a request under the preceding paragraph.
(Survey on Intended Use)
Article 32
(1)If a usage survey under Article 30 finds that there is cropland that falls under any of the following items, the agricultural commission is to conduct a survey regarding the owner of that cropland (or when a person uses and derives profit from the cropland under a title other than ownership, that person; referred to below as "owner, etc.") as to how they intend to use that cropland in the context of agriculture (referred to below as a "survey on intended use") as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries:
(i)cropland that is not currently being used for cultivation purposes and is expected to continue not to be used for cultivation purposes;
(ii)cropland whose agricultural use is found to be significantly inferior compared to cropland in the surrounding areas (excluding the cropland stated in the preceding item).
(2)In the case referred to in the preceding paragraph, if the cropland (or when one or more persons use and derive profit from the cropland under a title other than ownership, the rights) is shared by two or more persons, and it is impossible to ascertain one or more of the known owners, etc. of the cropland even after a search has been conducted by a method specified by Cabinet Order as one for which reasonable efforts have been made, the agricultural commission is to conduct a survey on the intended use under that paragraph on the known owners, etc. of the cropland, only when ownership of the cropland by the known owners accounts for more than half.
(3)If there is cropland that falls under any of the items of paragraph (1), as a result of the usage survey under Article 30, and even after a search has been conducted by a method specified by Cabinet Order as one considered to have been made with reasonable efforts, the agricultural commission is unable to identify the owners, etc. of the cropland (if the cropland (or when one or more persons use and derive profit from the cropland under a title other than ownership, that right) is shared by two or more persons, a person who has more than a half the shares of the cropland or the rights; the same applies in item (i), Article 53, paragraph (1), and Article 55, paragraph (2)) the agricultural commission is to issue a public notice stating the following matters. In this case, if the cropland (or when one or more persons use and derive profit from the cropland under a title other than ownership, the right) is shared by two or more persons and the owners, etc. of the cropland are known, the agricultural commission is to notify those persons to that effect:
(i)that the owners, etc. of the cropland cannot be ascertained;
(ii)the location, parcel number, land category, and area of the cropland, as well as which item of paragraph (1) the cropland falls under;
(iii)that the owners, etc. of the cropland should notify the agricultural commission with a document certifying their titles to them within a period of two months from the date of the public notice as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries;
(iv)other matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)If the owners, etc. of the cropland on which a public notice has been issued under the preceding paragraph have made a notification under item (iii) of that paragraph within the period provided for in that item, the agricultural commission is to conduct a survey of the intended use of those persons under paragraph (1).
(5)In the case referred to in the preceding paragraph, if the cropland (or in a case where one or more persons use and derive profit from the cropland under a title other than ownership, the right) is shared by two or more persons, the agricultural commission is to conduct a survey on intended use under paragraph (1) on the known owners, etc. of the cropland, only when notification under paragraph (3), item (iii) shows that the owners, etc. who have been known accounts for more than half of that cropland.
(6)The provisions of the preceding paragraphs do not apply to cropland for which permission referred to in Article 4, paragraph (1) or Article 5 paragraph (1) has been granted, and other cropland specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
Article 33
(1)If there is cropland from which no persons engaged in the cultivation business remains, or are found certain not to remain as specified by Order of the Ministry of Agriculture, Forestry and Fisheries, the agricultural commission is to conduct a survey on the intended use of the owners, etc. of that cropland.
(2)The provisions of paragraphs (2) to (5) of the preceding Article apply mutatis mutandis when the cropland provided for in the preceding paragraph exists. In this case, the term "the preceding paragraph" in paragraph (2) of that Article is deemed to be replaced with "paragraph (1) of the following Article"; the term "and area of the cropland, as well as which item of paragraph (1) the cropland falls under" in paragraph (3), item (ii) of that Article are deemed to be replaced with "and area of the cropland"; and the term "paragraph (1)" in paragraphs (4) and (5) of that Article is deemed to be replaced with "paragraph (1) of the following Article".
(3)The provisions of the preceding two paragraphs do not apply to cropland for which permission referred to in Article 4, paragraph (1) or Article 5 paragraph (1) has been granted, and other cropland specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Management of Relations over Cropland Use)
Article 34The agricultural commission is to make any necessary arrangements to promote the use of cropland in agriculture, and manage relations over the use of the cropland, while taking into consideration the intentions stated by the owners, etc. of the cropland on which the survey on intended use has been conducted, as to how the owners, etc. intend to use that cropland for agriculture, if it has conducted a survey on intended use under Article 32, paragraph (1), or paragraph (1) of the preceding Article.
(Request for Consultation by the Cropland Intermediary Management Institution)
Article 35
(1)When the agricultural commission has conducted a survey on intended use under Article 32, paragraph (1) or Article 33, paragraph (1), if the owners, etc. of the cropland (limited to cropland within the agricultural promotion regions designated pursuant to the provisions of Article 6, paragraph (1) of the Act on Establishment of Agricultural Promotion Regions; the same applies in paragraph (1) of the following Article and Article 41, paragraph (1)) on which the survey on intended use has been conducted have stated their intent to use the cropland intermediary management program, the agricultural commission is to notify the Cropland Intermediary Management Institution to that effect.
(2)The Cropland Intermediary Management Institution which has received a notice under the preceding paragraph is to promptly request the owners, etc. of the cropland to hold a consultation on the acquisition of the cropland intermediary management rights to the cropland; provided, however, that this does not apply if the cropland fails to conform to the standards provided for in Article 8, paragraph (2), item (i) of the Act on Promotion of the Cropland Intermediary Management Program provided for in paragraph (1) of that Article, and the administrative agency notifies the agricultural commission and the owners, etc. of the cropland to that effect
(Recommendation for Consultation on the Acquisition of a Cropland Intermediary Management Right)
Article 36
(1)The agricultural commission is to recommend that the owner, etc. of the cropland on which the a survey on intended use has been conducted, should consult with the Cropland Intermediary Management Institution regarding the acquisition of the cropland intermediary management rights, when it has conducted a survey on intended use under Article 32, paragraph (1) or Article 33, paragraph (1), if any of the following items applies; provided, however, that this does not apply when there is a justifiable ground for falling under any of the following items:
(i)when the owner, etc. of the cropland has stated their intent to cultivate that cropland, but has failed to promote the agricultural use of that cropland, even after six months have elapsed from the date of that statement;
(ii)when the owner, etc. of the cropland has expressed their intention to transfer the ownership of the cropland, or establish or transfer the right of lease, or any other right to use and derive profit from the cropland (including the expression of the intention provided for in paragraph (1) of the preceding Article), but the establishment or transfer of those rights has not been carried out on the date on which six months have elapsed from the date of that expression;
(iii)when the owner, etc. of the cropland does not intend to use the cropland for agricultural purposes;
(iv)when the owners, etc. of the cropland have failed to state their intent as to use the cropland for agricultural purposes, after six months have elapsed from the date the survey on intended use was conducted;
(v)In addition to the cases stated in the preceding items, when it is found to be certain that the agricultural use of the cropland will not be promoted.
(2)If having made a recommendation under the preceding paragraph, the agricultural commission is to notify the Cropland Intermediary Management Institution (or in when a person uses and derives profit from the cropland under a title other than ownership, the Cropland Intermediary Management Institution and the owner of the cropland) to that effect.
(Application for Ruling)
Article 37When the agricultural commission has made a recommendation under paragraph (1) of the preceding Article, the Cropland Intermediary Management Institution may apply to the prefectural governor for a ruling regarding the establishment of the cropland intermediary management right (limited to a right of lease; the same applies in Article 39, paragraphs (1) and (2) and Article 40, paragraph (2)) to the cropland on which the recommendation has been made within a period of six months from the date of the recommendation if it fails to reach an agreement through consultation with the person who has received the recommendation, or is unable to consult with that person within a period of two months from the date of the recommendation, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(Submission of Written Opinions)
Article 38
(1)When an application has been made under the preceding Article, the prefectural governor must issue a public notice of the matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries and, giving a notice to the owners, etc. of the cropland concerning the application, and provide those persons with an opportunity to submit a written opinion, within a designated period of not less than two weeks.
(2)A person who submits a written opinion referred to in the preceding paragraph must clearly state in the written opinion the type and content of the rights owned by the person, the reason why the person has failed to reach an agreement on the cropland concerning the application under the preceding Article after consultation with the Cropland Intermediary Management Institution or is unable to consult with that institution, and any other matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)The prefectural governor must not make a ruling until the period referred to in paragraph (1) has elapsed.
(Rulings)
Article 39
(1)The prefectural governor is to make a ruling that the cropland intermediary management right is to be established to the extent necessary, when it is found that no effort will continue to be made to promote the use of cropland in agriculture concerning the application under Article 37 in consideration the content of the written opinion referred to in paragraph (1) of the preceding Article and other circumstances surrounding the use of that cropland, if the Cropland Intermediary Management Institution finds it necessary and appropriate to implement the cropland intermediary management program for the cropland to promote the agricultural use of that cropland.
(2)In the ruling referred to in the preceding paragraph, the matters stated in the following items must be specified:
(i)the location, parcel number, land category, and area of the cropland for which the cropland intermediary management rights are to be established;
(ii)the content of the cropland intermediary management rights;
(iii)the commencement date and duration of the cropland intermediary management rights;
(iv)the rent;
(v)the other person and method of payment of the rent.
(3)The ruling referred to in paragraph (1) must not go beyond the scope of the application regarding the matters stated in items (i) through (iii) of the preceding paragraph, and the duration prescribed in those items must be limited to 40 years.
(4)The prefectural governor must hear the opinions of the prefectural agency in advance, when they intend to make the ruling referred to in paragraph (1); provided, however, that this does not apply if no designation by the prefectural governor under Article 42, paragraph (1) of the Act on Agricultural Commission has been made.
(Effect of Rulings)
Article 40
(1)If the ruling referred to in paragraph (1) of the preceding Article has been made, the prefectural governor must notify the Cropland Intermediary Management Institution and the owner, etc. of the cropland concerning the application for the ruling and issue a public notice to that effect without delay, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries. The same applies when the content of the ruling has been changed because of a determination on an application for a review of the ruling.
(2)If the public notice under the preceding paragraph on the ruling referred to in paragraph (1) of the preceding Article has been issued, it is deemed that a contract has been concluded between the Cropland Intermediary Management Institution, and the owner, etc. of the cropland concerning the ruling on the establishment of the cropland intermediary management right to that cropland, as prescribed in that ruling.
(3)The provisions of the proviso to Article 272 (Prohibition on the Assignment of Farming Rights or Leasing) and Article 612 (Restrictions on Assignment and Subleasing of Leasehold) of the Civil Code do not apply to the case referred to in the preceding paragraph.
(Use of Cropland When the Owner Cannot Be Ascertained)
Article 41
(1)When the agricultural commission has issued a public notice under the provisions of Article 32, paragraph (3) (including as applied mutatis mutandis pursuant to Article 33, paragraph (2) following the deemed replacement of terms; the same applies below in this paragraph), and the owners, etc. of the cropland on which the public notice has been issued (excluding cropland that falls under paragraph (1), item (ii) of that Article) have not made a notification under Article 32, paragraph (3), item (iii) within the period provided for in that item (including when the cropland (or when one or more persons use and derive profit from the cropland under titles other than ownership, the right) is shared by two or more persons, and the notification shows that the known owners etc. of the cropland account for less than half of the cropland), the agricultural commission is to notify the Cropland Intermediary Management Institution to that effect. In this case, the Cropland Intermediary Management Institution may apply to the prefectural governor for a ruling regarding the right to use the cropland (referred to below as the "right of use") within a period of four months from the date of the notification, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The provisions of Articles 38 and 39 apply mutatis mutandis when an application under the preceding paragraph has been filed. In this case, the term "the owners, etc. of the cropland concerning the application" in Article 38, paragraph (1) is to be replaced with "the owner, administrator, or an agent, if there is any known owner, administrator, or an agent "; the term "cropland intermediary management rights" in Article 39, paragraph (1) and paragraph (2), items (i) through (iii) is to be replaced with "right of use"; the term "rent" in item (iv) of the same paragraph is to be replaced with "amount of compensation equivalent to the rent"; and the term "the other party and the method of payment of the rent" in item (v) of that paragraph is deemed to be replaced with "method of payment of compensation."
(3)The prefectural governor must notify the Cropland Intermediary Management Institution (or when there are known owners, etc. of the cropland concerning the application for the ruling, those persons and the Cropland Intermediary Management Institution) and issue a public notice to that effect without delay as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, when the governor has made the ruling referred to in Article 39, paragraph (1), as applied mutatis mutandis following the deemed replacement of terms pursuant to the preceding paragraph The same applies when the content of the ruling has been changed by a determination on an application for the examination of the ruling.
(4)If a public notice under the preceding paragraph has been issued for the ruling referred to in Article 39, paragraph (1), as applied mutatis mutandis pursuant to paragraph (2) following the deemed replacement of terms, the Cropland Intermediary Management Institution acquires the right of use as prescribed by that ruling.
(5)The Cropland Intermediary Management Institution must deposit the compensation as specified by the ruling referred to in Article 39, paragraph (1), as applied mutatis mutandis pursuant to paragraph (2) following the deemed replacement of terms for the relevant cropland owner, etc. with an official depository, by the time of commencement of the right of use as specified by the ruling.
(6)The deposit of compensation under the preceding paragraph with an official depository is to be made with an official depository in the area where the cropland is located.
(7)The provisions of Article 16 apply mutatis mutandis to the right of use that the Cropland Intermediary Management Institution has acquires pursuant to the provisions of paragraph (4). In this case, the term "even if it is not registered, upon transfer of the cropland or grazed meadow land" in that Article is to be replaced with "when the person for whom the right of use has been established has begun to occupy the cropland".
(Order for Measures)
Article 42
(1)The mayor of a municipality may order the owners, etc. of the cropland to take necessary measures to remove a hindrance or prevent its occurrence (referred to below as "measures for the removal, etc. of a hindrance" in this Article) within a prescribed time limit, if that mayor finds that farming conditions in areas surrounding the cropland that fall under any of the items of Article 32, paragraph (1) result in, or pose the risk of significant hindrance, on pest infestation, the depositing of earth, rocks and any other equivalent material in the cropland, or other grounds specified by Cabinet Order.
(2)When making an order under the preceding paragraph, a written order stating the matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries must be issued.
(3)In the case provided for in paragraph (1), the mayor of the municipality may take all or part of the measures for the removal, etc. of a hindrance on their own, if they find that any of the following items applies. In such a case, if they find that item (ii) applies, the mayor of the municipality must issue a public notice in advance to the effect that the measures for the removal, etc. of a hindrance are to be taken by specifying a reasonable period of time, and that if none of those measures for the removal, etc. of a hindrance have been taken within that period, the mayor will take the measures for the removal, etc. of a hindrance on their own, and collect the costs required for those measures:
(i)when the owners, etc. of the cropland who were ordered to take measures for the removal, etc. of a hindrance pursuant to the provisions of paragraph (1) have failed to take the measures within the period specified in that order, or when the measures taken were inadequate, or when there is no prospect that those measures will be taken;
(ii)when the prefectural governor, etc. intends to issue an order to take measures for the removal, etc. of a hindrance pursuant to the provisions of paragraph (1), but is unable to ascertain the owners, etc. of the cropland to whom the order to take those measures for the removal, etc. of a hindrance should be issued, even after a search has been conducted by a method specified by Cabinet Order as one for which reasonable efforts are found to have been made;
(iii)when the mayor of a municipality has no time to spare to order the taking of measures for the removal, etc. of a hindrance when the mayor needs to urgently take measures for the removal, etc. of a hindrance, pursuant to the provisions of paragraph (1).
(4)The mayor of the municipality may have the owner, etc. of the cropland bear the costs required for the measures for the removal, etc. of a hindrance, if the mayor has taken all or part of the measures for the removal, etc. of a hindrance referred to in the preceding paragraph pursuant to the provisions of that paragraph, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(5)The provisions of Articles 5 and 6 of the Act on Substitute Execution by Administration (Act No. 43 of 1948) apply mutatis mutandis to the collection of the costs to be borne pursuant to the provisions of the preceding paragraph.
Chapter V Miscellaneous Provisions
(Special Provisions Concerning an Advanced Agricultural Crop Cultivation Facility)
Article 43
(1)When cropland is covered with concrete or any similar materials to serve as the bottom surface of an advanced crop cultivation facility after giving a notification to the agricultural commission, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries is deemed to fall under the cultivation of agricultural crops carried out at the advanced crop cultivation facility and the provisions of this Act apply to the cropland used for the advanced crops cultivation facility. In this case, the necessary replacement of terms, and other matters necessary for the application of the provisions of this Act to the cropland are specified by Cabinet Order.
(2)The term "advanced crop cultivation facility" referred to in the preceding paragraph means a facility to be used for the cultivation of crops, for improving the efficiency or sophistication of cultivation of crops, which is specified by Order of the Ministry of Agriculture, Forestry and Fisheries as being unlikely to hinder the farming conditions concerning the surrounding cropland.
Article 44If crops are not being cultivated at an advanced crop cultivation facility as provided for in paragraph (2) of the preceding Article concerning to a notification under paragraph (1) of that Article (referred to below as "advanced crop cultivation facility"), the agricultural commission may recommend that the owner, etc. of the land used for that advanced crop cultivation facility to cultivate crops at that advanced crop cultivation facility by specifying a reasonable period of time.
(Management of Purchased Land and Standing Trees)
Article 45
(1)Land, standing trees and structures that the State has purchased pursuant to Article 7, paragraph (1) or Article 12, paragraph (1), or with the notification pursuant to Article 22, paragraph (1) or Article 23, paragraph (1) and the rights to them are managed by the Minister of Agriculture, Forestry and Fisheries as prescribed in Cabinet Order.
(2)The handling of ledgers that must be kept pursuant to the provisions of Article 32, paragraph (1) of the National Property Act (Act No. 73 of 1948) regarding national property that is managed by the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of the preceding paragraph, special provisions may be provided for in Cabinet Order.
(Sale)
Article 46
(1)The Minister of Agriculture, Forestry and Fisheries is to sell off the cropland and grazed meadow land managed pursuant to the provisions of paragraph (1) of the preceding Article, as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, to a person who is found to be conducting business related to cultivation, or livestock farming by using of all the cropland or grazed meadow land that is to be used for business related to cultivation or livestock-farming effectively, after the acquisition of the cropland, or grazed meadow land, the Cropland Intermediary Management Institution, or any other person specified by Order of Order of the Ministry of Agriculture, Forestry and Fisheries (or Cropland Intermediary Management Institution, in the case of the cropland or grazed meadow land within the area of the regional plan prescribed in Article 22-4, paragraph (1) of the Act on Reinforcement of the Agricultural Management Framework); provided, however, that this does not apply to cases where the land is sold off pursuant to the provisions of the following Article.
(2)Any incidental facility that has been purchased pursuant to Article 12, paragraph (1) together with the purchase of the cropland or grazed meadow land to be sold off pursuant to the provisions of the preceding paragraph for agricultural use is also to be sold to the purchaser of the cropland, or grazed meadow land.
Article 47If the Minister of Agriculture, Forestry and Fisheries finds it reasonable not to use the land, standing trees, structures or the rights to them that they manage pursuant to Article 45, paragraph (1), for the purpose of promoting agricultural use of land, as prescribed in Cabinet Order, the Minister may sell off them, or change administrative jurisdiction or affiliation as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(Inspection of Official Registers)
Article 48As far as purchase, buying or ruling under this Act are concerned, officials at the national or prefectural governments may inspect necessary books and documents or receive a transcript of that or certificates of registered information without compensation at registry or municipal offices.
(On-Site Inspections)
Article 49
(1)The Minister of Agriculture, Forestry and Fisheries, the prefectural governor or the mayor of the designated municipality may have their officials enter the land or structure of another person to conduct an inspection or survey, and remove or transfer trees, bamboo and other objects that are an obstacle to an inspection or survey, if this is necessary for purchase or other disposition under this Act.
(2)The officials referred to in the preceding paragraph must carry identification cards and present them to the owner, occupant or other interested persons of the land or structure.
(3)In the case referred to in paragraph (1), the Minister of Agriculture, Forestry and Fisheries, the prefectural governor or the mayor of the designated municipality must notify the possessor of the land, or structure to that effect in advance in accordance with the procedures specified by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that if they are unable to issue a notice, or if there are other special circumstances, they may issue a public notice in lieu of the notification..
(4)Entry under paragraph (1) may be made only during daylight hours regarding structures, residential land, and land surrounded by a hedge, or railing, etc. are concerned.
(5)If the owner or possessor of the land or structure referred to in paragraph (1) suffers losses due to an inspection, survey, or the removal, or transfer of an object under the same paragraph, the State or a prefecture, etc., as prescribed in Cabinet Order, compensate them for losses that would ordinally arise.
(6)The authority to conduct an on-site inspection under paragraph (1) must not be construed as being granted for criminal investigation purposes.
(Reports)
Article 50The Minister of Agriculture, Forestry and Fisheries, the prefectural governor, or the mayor of the designated municipality may, when it is necessary for the enforcement of this Act, request necessary reports on the conditions, etc. of the land from the agricultural commission, or an agency provided for in Article 44, paragraph (1) of the Act on Agricultural Commission.
(Dispositions against Illegal Conversion)
Article 51
(1)A prefectural governor, etc. may revoke permission that has been granted pursuant to the provisions of Article 4 or 5, change the conditions or attach new conditions to them, issue an order for work, or other acts to be halted, or for necessary measures to restore the land to its original state, or otherwise correct violations (referred to below as "measures for restoration, etc." in this Article) to be taken by specifying a reasonable period of time , regarding a person who falls under any of the following items (referred to below as "illegal converter, etc." in this Article), as prescribed in Cabinet Order, if they find it particularly necessary after balancing the securing of the agricultural use of the land as well as other public interests, and those of interested persons, only to the extent of that necessity.:
(i)a person who has violated the provisions of Article 4, paragraph (1) or Article 5, paragraph (1) or their general successor;
(ii)a person who is in violation of the conditions subject to the permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1);
(iii)a person who has contracted with the person stated in the preceding two items to conduct work, and other acts for the land concerning the violation or the subcontractor of that work and other acts;
(iv)a person who has obtained the permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1) through deception, or other wrongful means.
(2)When the prefectural governor issues an order under the provisions of the preceding paragraph, the prefectural governor must issue a written order stating the matters specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)When the illegal converter, etc. who has been ordered to take measures for restoration, etc. pursuant to the provisions of paragraph (1) fails to comply with the order by the time limit concerning that order without justifiable grounds, the prefectural governor, etc. may publicize to that effect, and the parcel number of the land concerning the order, and other necessary matters.
(4)In the case provided for in paragraph (1), a prefectural governor, etc. may take all or part of the measures for restoration, etc., if they acknowledge that any of the following items applies; in that case, the prefectural governor, etc. must issue a public notice in advance that the measures for restoration, etc. is to be taken be specifying a reasonable period of time, if they acknowledge that item (ii) applies, and if none of those measures for restoration, etc. have been taken within that period, they will take the measures for restoration, etc. on their own, and collect the costs required for those measures:
(i)when the illegal converter, etc. who was ordered to take measures for restoration, etc. pursuant to the provisions of paragraph (1) failed to take measures prescribed in the order within the period prescribed in that order, when the measures he or her took were inadequate, or when there is no prospect that they will take those measures at all;
(ii)when the prefectural governor, etc. intends to issue an order to take measures for restoration, etc. pursuant to the provisions of paragraph (1), but is unable to ascertain the illegal converter, etc. to whom the order to take the measures for restoration, etc. should be issued, even after a search has been conducted by a method specified by Cabinet Order, as one for which reasonable efforts have been made;
(iii)when the prefectural governor, etc. has no time to spare to order the measures for restoration, etc. to be taken pursuant to the provisions of paragraph (1) when they need to urgently take measures for restoration, etc.
(5)The prefectural governor, etc. may have the illegal converter, etc. bear the costs required for the measures for restoration, etc. as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, if they have taken all or part of the measures for restoration, etc. referred to in the preceding paragraph pursuant to the provisions of that paragraph.
(6)The provisions of Articles 5 and 6 of the Act on Substitute Execution by Administration apply mutatis mutandis to the collection of the costs to be borne pursuant to the provisions of the preceding paragraph.
(Use of Information on Cropland)
Article 51-2
(1)The prefectural governor, the mayor of the municipality, and the agricultural commission may, to the extent necessary for performance of the administrative affairs under their jurisdiction, internally use the information they maintain on cropland or exchange the information among themselves for purposes other than those that have been identified for the maintenance.
(2)The prefectural governor, the mayor of the municipality, and the agricultural commission may, to the extent necessary for performance of the administrative affairs under their jurisdiction, request the relevant local governments, the Cropland Intermediary Management Institution, and other persons to provide information on cropland.
(Provision of Information)
Article 52The agricultural commission is to collect, organize, analyze, and provide information on cropland, including the possession and usage status of cropland and trends in rent not only to contribute to promoting the agricultural use of cropland, and managing relations over cropland use, but also to appropriately perform the administrative affairs under its jurisdiction.
(Preparation of Cropland Ledgers)
Article 52-2
(1)The agricultural commission is to prepare a cropland ledger that records the matters stated in the following items for each parcel of cropland, as part of the organizing of information on cropland under the preceding Article to appropriately perform the administrative affairs under its jurisdiction:
(i)the name and address of the owner of the cropland;
(ii)the location, parcel number, land category, and area of the cropland;
(iii)when a superficies, a farming right, a pledge, a loan for use, a right of lease or any other right to use and derive profit from the cropland has been established, the type and duration of the right, the name and address of the person who has the right, and the amount of rent, etc. (including the compensation determined in a ruling referred to in Article 39, paragraph (1) as applied mutatis mutandis pursuant to the provisions of Article 41, paragraph (2) following the deemed replacement of terms).
(iv)other information specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)Cropland ledgers are to be all kept on magnetic disks (including media capable of reliably recording certain matters by equivalent means).
(3)The recording of information in cropland ledgers, or the correction or deletion of those records are based on the information that has been obtained from applications or notifications under this Act, or through the collection of information on cropland under the preceding Article; and the agricultural commission is to endeavor to maintain accurate records in cropland ledgers.
(4)Beyond what is provided for in the preceding three paragraphs, any necessary matters for cropland ledgers are specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Publication of Cropland Ledgers and Maps Concerning Cropland)
Article 52-3
(1)The agricultural commission is to publicize the matters recorded in cropland ledgers (excluding records specified as being detrimental to the rights and interests of individuals if published or those inappropriate specified by Order of the Ministry of Agriculture, Forestry and Fisheries) via the Internet or other means to promote the utilization of information on cropland as part of the provision of information on cropland under the provisions of Article 52.
(2)The agricultural commission is to prepare cropland ledgers and maps and publicize them via the Internet, or other means to contribute to the promotion of the utilization of information on cropland.
(3)The provisions of paragraphs (2) to (4) of the preceding Article apply mutatis mutandis to the maps referred to in the preceding paragraph.
(Request for Measures against Illegal Conversion)
Article 52-4The agricultural commission may, if it is found necessary request that the prefectural governor, etc. issue an order, and take any other necessary measures under Article 51, paragraph (1).
(Appeal)
Article 53
(1)In the issuance of a written purchase order under Article 9, paragraph (1) (including as applied mutatis mutandis pursuant to Article 12, paragraph (2)) or the application for examination of a ruling referred to in Article 39, paragraph (1) (including as applied mutatis mutandis pursuant to Article 41, paragraph (2) following the deemed replacement of terms), an objection to the amount of the consideration, rent or compensation may not be used as grounds for dissatisfaction with the disposition; provided, however, that this does not apply if a person who has received a ruling referred to in Article 39, paragraph (1), as applied mutatis mutandis pursuant to Article 41, paragraph (2) following the deemed replacement of terms is unable to file an action referred to in Article 55, paragraph (1) because that person is unable ascertain the owner, etc. of the cropland concerning the ruling.
(2)A person who is dissatisfied with the disposition regarding the permission under Article 4, paragraph (1) or Article 5, paragraph (1) may apply to the Environmental Dispute Coordination Commission for a ruling, if the grounds for dissatisfaction relate to coordination with the business of mining, quarrying, or gravel collection.
(3)An application for examination may not be made regarding a public notice under Article 7, paragraph (2) or (6). The same applies to a disposition for which an application for examination may be made pursuant to the provisions of the preceding paragraph.
(4)The provisions of Article 22 of the Administrative Appeal Act (Act No. 68 of 2014) apply mutatis mutandis when the administrative agency has mistakenly announced that examination or reinvestigation may be requested, regarding the disposition that it has made under the second sentence of the preceding paragraph.
Article 54Deleted
(Action for an Increase or Decrease in the Amount of Consideration)
Article 55
(1)A person who is dissatisfied with the amount of consideration, rent or compensation stated in the following items may request for an increase or decrease in that amount by filing an action; provided, however, that this does not apply if six months have elapsed from the date of disposition regarding the price, rent or compensation:
(i)the price provided for in Article 9, paragraph (1), item (iii) (including as applied mutatis mutandis provided for in the provisions of Article 12, paragraph (2));
(ii)the rent provided for in Article 39, paragraph (2), item (iv);
(iii)the compensation provided for in Article 39, paragraph (2), item (iv), as applied mutatis mutandis provided for in the provisions of Article 41, paragraph (2) following the deemed replacement of terms.
(2)The defendant stated in an action in the preceding paragraph over the amount of consideration stated in item (i) of the same paragraph is the State; the defendant stated in an action referred to in the same paragraph over the amount of rent stated in item (ii) of the same paragraph is the Cropland Intermediary Management Institution or the owner, etc. of the cropland concerning the application under the provisions of Article 37; and the defendant in an action referred to in the same paragraph over the amount of the price stated in item (iii) of the same paragraph is the Cropland Intermediary Management Institution, or the owner, etc. of the cropland concerning the application under Article 41, paragraph (1)
(3)When a judgment upholding an increase in the amount of the consideration stated in paragraph (1), item (i) has become final and binding, and the consideration before that increase has been deposited with an official depository pursuant to Article 10, paragraph (2) (including as applied mutatis mutandis in accordance with Article 12, paragraph (2)), the State must deposit the amount of the consideration equivalent to that increase with an official depository. The provisions of Article 10, paragraph (3) apply mutatis mutandis to such a case.
(4)The provisions of Article 11, paragraph (2) apply mutatis mutandis to the consideration that has been deposited with an official depository pursuant to the provisions of the preceding paragraph.
(Area of Land)
Article 56For the application of this Act, the area of land represents the area of land recorded in the register; provided, however, that if the area of land recorded in the register is significantly different from the actual area, or if the area of land is not recorded in the register at all, the area of land represents the actual measurement certified by the agricultural commission.
(Designation of Original Land Equivalent to Land Reserved For Replotting)
Article 57
(1)When a purchase under Article 7, paragraph (1) is made, and if it is necessary for identifying the cropland that is to be subject to that purchase, the Minister of Agriculture, Forestry and Fisheries may designate the original land or a part of that corresponding to the land that is designated, before the disposition for replotting takes effect, as available for use and the deviation of profit in place of original land or a part of that in consideration of its land category, area of land, soil texture, etc. in accordance with the rules for arable land readjustment under the former Arable Land Readjustment Act (Act No. 30 of 1909), land readjustment provided for in Article 3, paragraph (1) or Article 4, paragraph (1) of the Act for Enforcement of the Land Readjustment Act (Act No. 120 of 1954) or land improvement projects under the Land Improvement Act, or pursuant to the provisions of Article 53-5, paragraph (1) of the same Act (including as applied mutatis mutandis pursuant to Article 96 and Article 96-4, paragraph (1) of the same Act) or Article 89-2, paragraph (6) or Article 98, paragraph (1) of the Land Readjustment Act (Act No. 119 of 1954).
(2)The Minister of Agriculture, Forestry and Fisheries must notify the agricultural commission of the details of the designation without delay, if they have made a designation under the preceding paragraph.
(Instructions and Substitutions)
Article 58
(1)The Minister of Agriculture, Forestry and Fisheries may give necessary instructions to the agricultural commission regarding the management of the affairs of the agricultural commission provided for in this Act (excluding those stated in Article 63, paragraph (1), items (ii) to (v), items (vii) to (xi), items (xiii), (xiv), (xvi), (xvii), (xx) and (xxi), and the items of paragraph (2)), if they find it particularly necessary for achieving the purpose of this Act.
(2)The Minister of Agriculture, Forestry and Fisheries may, if they find it particularly necessary for achieving the purpose of this Act give necessary instructions to the prefectural governor or the mayor of the designated municipality regarding the handling of the affairs of the prefectural governor or the mayor of the designated municipality provided for in this Act (excluding those stated in Article 63, paragraph (1), items (ii), (vi), (viii), (xii), and (xviii) through (xx); the same applies in the following paragraph).
(3)The Minister of Agriculture, Forestry and Fisheries may, if the prefectural governor, or the mayor of the designated municipality fails to follow the instructions referred to in the preceding paragraph manage the affairs of the prefectural governor, or the mayor of the designated municipality provided for in this Act,
(4)The Minister of Agriculture, Forestry and Fisheries must, if they manage the functions on their own pursuant to the provisions of the preceding paragraph, issue a public notice to that effect
(Means of Requesting Correction)
Article 59
(1)When the Minister of Agriculture, Forestry and Fisheries makes a request under Article 245-5 paragraph (1) of the Local Autonomy Act on the grounds that the prefectural governor's management of the administrative functions stated in the following items is clearly affecting the securing of cropland or grazed meadow land, the Minister is to do so by showing the details of the measures to be taken by the prefectural governor:
(i)administrative functions to be handled by the prefectural governor pursuant to Article 4, paragraphs (1) and (8) (excluding those concerning the act of converting cropland with an area of more than four hectares to land other than cropland for that business);
(ii)affairs that are to be handled by the prefectural governor pursuant to the provisions of Article 5, paragraphs (1) and (4) (excluding those concerning the act of acquiring a right stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares, or grazed meadow land for the purpose of that business).
(2)When Minister of Agriculture, Forestry and Fisheries makes a request under Article 245-5 paragraph (2) of the Local Autonomy Act on the grounds that the management of the municipal affairs stated in the following items by the municipality is clearly affecting the securing of cropland, or grazed meadow land, the Minister is to do so by showing the details of the measures to be taken by the municipality:
(i)the affairs that are to be handled by the mayor of the designated municipality pursuant to Article 4, paragraphs (1) and (8) (excluding those concerning the act of converting cropland with an area of more than four hectares to land other than cropland for the same business);
(ii)the administrative affairs that are to be handled by the mayor of the designated municipality pursuant to Article 5, paragraphs (1) and (4) (excluding those concerning the act of acquiring a right stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares, or grazed meadow land for the purpose of that business);
(iii)the affairs of the prefectural governor stated in the items of the preceding paragraph that are to be handled by the municipality as prescribed by ordinance referred to in Article 252-17-2, paragraph (1) of the Local Autonomy Act.
(Special Provisions for Large Cities)
Article 59-2Of the administrative functions that are to be handled by the prefecture pursuant to the provisions of Article 18, paragraphs (1) and (3) as well as the administrative functions that are to be handled by the prefecture pursuant the provisions of Article 49, paragraphs (1), (3) and (5), and Article 50 concerning the administrative functions, those that concern cropland, or grazed meadow land within the area of the designated city are handled by that designated city. In this case, the provisions concerning the prefectural government, or the prefectural governor concerning the administrative functions provided for in the first sentence in this Act apply to the designated city, or the mayor of the designated city as provisions concerning the designated city, or the mayor of that designated city.
(Special Provisions for the Agricultural Commission)
Article 60
(1)When applying this Act (excluding Article 25; the same applies below in this paragraph) to a municipality that does not have an agricultural commission, pursuant to the provisions of the proviso to Article 3, paragraph (1), or paragraph (5) of that Article of the Act on Agricultural Commission, the term "the agricultural commission" in this Act is deemed to be replaced with "the mayor of the municipality."
(2)When applying this Act to a municipality that has two or more agricultural commissions, the term "the area of the municipality" in this Act is to be replaced with "the area covered by the agricultural commission", pursuant to the provisions of Article 3, paragraph (2) of the Act on Agricultural Commission.
(Special Provisions for Special Wards)
Article 61In this Act, the provisions concerning a municipality, or the mayor of a municipality (excluding Article 3, paragraph (4) as far as a designated city is concerned) apply to a special ward, or the mayor of a special ward where a special ward exists and to a ward, or the director of a ward (including the director of an administratively consolidated ward) in a designated city (excluding a designated city that does not have an agricultural commission for each ward (including an administratively consolidated ward; the same applies in this Article) pursuant to the provisions of Article 41, paragraph (2) of the Act on Agricultural Commission).
(Delegation of Authority)
Article 62Part of the authority of the Minister of Agriculture, Forestry and Fisheries provided for in this Act may be delegated to the director of a regional agricultural administration office as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries.
(Classification of Affairs)
Article 63
(1)The affairs to be handled by a prefecture or municipality pursuant to the provisions of this Act other than those stated in the following items and the items of the following paragraph, are the Item I statutorily-entrusted functions provided for in Article 2, paragraph (9), item (i) of the Local Autonomy Act:
(i)the affairs to be handled by the municipality pursuant to Article 3, paragraph (4) (excluding those to be handled by the agricultural commission pursuant to the provisions of that paragraph);
(ii)the affairs to be handled by the prefecture, etc. pursuant to Article 4, paragraphs (1), (2) and (8) (excluding those concerning the act of converting cropland with an area of more than four hectares to land other than cropland for that business);
(iii)the affairs to be handled by the municipality pursuant to the provisions of Article 4, paragraph (3) (limited to affairs with opinions);
(iv)the affairs to be handled by a municipality (limited to the designated municipality) pursuant to the provisions of Article 4, paragraph (3) (limited to the affairs of sending written applications (excluding those concerning the act of converting cropland with an area exceeding four hectares to land other than cropland for that business));
(v)the affairs to be handled by a municipality pursuant to the provisions of Article 4, paragraphs (4) and (5) (including when these provisions are applied mutatis mutandis pursuant to the provisions of paragraph (10) of that Article);
(vi)the affairs to be handled by a prefecture, etc. pursuant to the provisions of Article 4, paragraph (9) (limited to the functions of hearing opinions (excluding those concerning the act of converting cropland with an area of more than four hectares to land other than cropland for that business));
(vii)administrative functions to be handled by the municipality pursuant to the provisions of Article 4, paragraph (9) (limited to the functions of stating its opinions);
(viii)administrative functions to be handled by the prefecture, etc. pursuant to Article 5, paragraphs (1) and (4) as well as paragraph (3) of that Article as applied mutatis mutandis pursuant to Article 4, paragraph (2) (excluding those concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area exceeding four hectares, together with grazed meadow land for the purpose of the same business);
(ix)the affairs to be handled by a municipality pursuant to Article 4, paragraph (3) as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (3) (limited to the affairs which have opinions attached);
(x)the affairs to be handled by a municipality (limited to the designated municipality) pursuant to the provisions of Article 4, paragraph (3) as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (3) (limited to the functions of sending written applications (excluding those concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares together with grazed meadow land for the purpose of the same business));
(xi)the affairs to be handled by the municipality pursuant to the provisions of Article 4, paragraphs (4) and (5) as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (3) following the deemed replacement of terms, as well as those to be handled by the municipality pursuant to the provisions of Article 4, paragraphs (4) and (5) of that Article as applied mutatis mutandis pursuant to the provisions of paragraph (10) following the deemed replacement of terms as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (5) following the deemed replacement of terms;
(xii)the affairs be handled by the prefecture, etc. pursuant to the provisions of Article 4, paragraph (9) as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (5) (limited to the functions of hearing opinions (excluding those concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares together with grazed meadow land for the purpose of the business));
(xiii)the affairs to be handled by the municipality pursuant to the provisions of Article 4, paragraph (9) as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (5) (limited to affairs with opinions attached);
(xiv)the affairs to be handled by a municipality pursuant to the provisions of Article 30; Article 31; Article 32, paragraph (1); paragraphs (2) to (5) of that Article (including as applied mutatis mutandis pursuant to Article 33, paragraph (2)); Article 33, paragraph (1); Article 34; Article 35, paragraph (1); Article 36; and Article 41, paragraph (1);
(xv)the affairs to be handled by a municipality pursuant to the provisions of Article 42;
(xvi)the affairs to be handled by a municipality (limited to the designated municipality) pursuant to the provisions of Article 43, paragraph (1) (excluding those concerning the act of covering cropland with an area of more than four hectares with concrete or similar materials for the same business);
(xvii)the affairs to be handled by a municipality pursuant to the provisions of Article 44;
(xviii)the affairs to be handled by the prefecture, etc. pursuant to the provisions of Article 49, paragraphs (1), (3), and (5) and Article 50 (limited to those concerning the affairs stated in items (ii) and (viii) and the following item);
(xix)the affairs to be handled by the prefecture, etc. pursuant to the provisions of Article 51 (limited to those concerning the affairs stated in items (ii) and (viii));
(xx)the affairs to be handled by the prefecture or municipality pursuant to the provisions of Article 51-2;
(xxi)the affairs to be handled by the municipality pursuant to the provisions of Articles 52 through 52-3.
(2)Of the affairs to be handled by the municipality pursuant to the provisions of this Act, those stated in the following items are the Item II statutorily-entrusted affairs provided for in Article 2, paragraph (9), item (ii) of the Local Autonomy Act:
(i)the affairs to be handled by a municipality (excluding the designated municipality) pursuant to the provisions of Article 4, paragraph (1), item (vii) (excluding those concerning the act of converting cropland with an area of more than four hectares, to land other than cropland for the same business);
(ii)the affairs to be handled by the municipality (excluding the designated municipality) pursuant to the provisions of Article 4, paragraph (3) (limited to the functions of sending written applications (excluding those concerning the act of converting cropland with an area of more than four hectares to land other than cropland for that business));
(iii)the affairs to be handled by the municipality (limited to the designated municipality) pursuant to Article 5, paragraph (1), item (vi) (excluding those concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares together with grazed meadow land for the same business);
(iv)the affairs to be handled by the municipality (limited to the designated municipality) pursuant to Article 4, paragraph (3) as applied mutatis mutandis pursuant to Article 5, paragraph (3) (limited to the functions of sending written application (excluding those concerning the act of acquiring a right stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares together with grazed meadow land for the same business)).
(v)the affairs to be handled by the municipality (excluding the designated municipality) pursuant to Article 43, paragraph (1) (excluding those concerning the act of covering cropland with an area of more than four hectares with concrete or other similar materials for the same business).
(Implementation Considerations)
Article 63-2In implementing this Act, given that Japan's agriculture is operated by, or in cooperation among, various farmers who differ in type and scale of management, including households and corporations, consideration to ensuring that various agricultural efforts based on independent decisions by farmers regarding the type, scale, etc. of agricultural management are respected and that cropland, which provides precious resources for local areas, is put to effective agricultural use in harmony with local areas must be given.
Chapter VI Penal Provisions
Article 64Any person who falls under any of the following items is subject to either imprisonment for up to three years, or a fine of up to three million yen:
(i)a person who has violated the provisions of Article 3, paragraph (1), Article 4, paragraph (1), Article 5, paragraph (1), or Article 18, paragraph (1);
(ii)a person who has obtained permission referred to in Article 3, paragraph (1), Article 4, paragraph (1), Article 5, paragraph (1), or Article 18, paragraph (1) through deception or other wrongful means;
(iii)a person who has violated an order issued by a prefectural governor, etc. under the provisions of Article 51, paragraph (1).
Article 65Any person who has refused, obstructed or evaded the inspection, survey, removal or transfer by officials under Article 49, paragraph (1) is subject to either imprisonment for up to six months, or a fine of not more than 300,000 yen.
Article 66Any person who has violated an order of the mayor of a municipality under the provisions of Article 42, paragraph (1) is punished by a fine of not more than 300,000 yen.
Article 67If the representative of a corporation or the agent, employee or other worker of a corporation, or an individual has committed any violation stated in the following items regarding the business or property of the corporation or individual, not only the offender, but also the corporation or individual are subject to the fine prescribed in those items:
(i)Article 64, item (i) or item (ii) (limited to the part of these provisions that concerns Article 4, paragraph (1) or Article 5, paragraph (1)) or item (iii): a fine of up to 100 million yen;
(ii)Article 64 (excluding the part that concerns the preceding item) or the preceding two Articles: a fine prescribed in the respective Articles.
Article 68Any person who has failed to make a report in violation of Article 6, paragraph (1) or has made a false report, is subject to a civil fine of not more than 300,000 yen.
Article 69Any person who has failed to make a notification in violation of Article 3-3 or has made a false notification, is subject to a civil fine of not more than 100,000 yen.
Supplementary Provisions
(Effective Date)
(1)The effective date of this Act is specified by Cabinet Order within a period not more than six months from the date of promulgation.
(Consultation with the Minister of Agriculture, Forestry and Fisheries)
(2)For the time being, a prefectural governor, etc. must consult the Minister of Agriculture, Forestry and Fisheries in advance for any of the cases stated in the following items:
(i)when intending to grant the permission referred to in Article 4, paragraph (1) regarding the act of converting cropland with an area of more than four hectares to land other than cropland for the same business (excluding the act of converting cropland to land other than cropland pursuant to the Act on the Promotion of Industrial Introduction to Rural Areas (Act No. 112 of 1971), or any other act concerning regional development, or improvement specified by Cabinet Order (referred to as the "Regional Development Act" in item (iii)) that meets the requirements specified by Cabinet Order; the same applies in the following item);
(ii)when intending to reach the agreement referred to in Article 4, paragraph (8) regarding the act of converting cropland with an area of more than four hectares to land other than cropland for the same business;
(iii)when intending to grant the permission referred to in Article 5, paragraph (1) regarding the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares together with grazed meadow land for the same business (excluding the act of acquiring those rights pursuant to the provisions of the Regional Development Act that meets the requirements specified by Cabinet Order; the same applies in the following item);
(iv)when intending to reach an agreement referred to in Article 5, paragraph (4) regarding the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) for cropland with an area of more than four hectares or together with grazed meadow land for the same business.
Supplementary Provisions [Act No. 194 of August 10, 1953] [Extract]
(1)This Act comes into effect on the date of promulgation.
Supplementary Provisions [Act No. 213 of August 15, 1953] [Extract]
(1)This Act comes into effect on September 1, 1953.
(2)Permission, authorization, or other procedures such as applications and notifications undertaken pursuant to the provisions of former laws and regulations before the enforcement of this Act are deemed to be dispositions or procedures undertaken under the corresponding provisions after the amendment, respectively.
Supplementary Provisions [Act No. 120 of May 20, 1954] [Extract]
(1)This Act comes into effect on the date of enforcement of the New Act.
Supplementary Provisions [Act No. 185 of June 15, 1954] [Extract]
(1)This Act comes into effect on July 20, 1954.
Supplementary Provisions [Act No. 148 of June 12, 1956]
(1)This Act comes into effect on the date of enforcement of the Act Partially Amending the Local Autonomy Act (Act No. 147 of 1956).
(2)Necessary transitional measures on the prohibition on concurrent employment of a person who is a member of the marine fisheries coordination commission, or the agricultural commission at the time of enforcement of this Act, or for the transfer of affairs handled, managed or executed by a prefecture or prefectural governor, or a commission or other entity of a designated city referred to in Article 252-19, paragraph (1) of the Local Autonomy Act (referred to below as "designated city") or the mayor or a commission or other entity of the designated city upon enforcement of this Act, concerning the enforcement of this Act, are as prescribed in paragraph (4) and paragraphs (9) through (15) of the Supplementary Provisions to the Act Partially Amending the Local Autonomy Act (Act No. 147 of 1956), respectively.
Supplementary Provisions [Act No. 69 of April 20, 1957] [Extract]
(1)The effective date of this Act is specified by Cabinet Order within a period not exceeding 90 days from the date of promulgation; provided, however, that the amended provisions of Article 88-2 and Article 94, paragraph (1) of the Land Improvement Act and the provisions of paragraphs (12) to (15) of the Supplementary Provisions (referred to below as "provisions related to land improvement property") come into effect on the date of promulgation.
(13)Prior laws continue to govern the administration and disposition of the following items, even after the enforcement of the provisions related to land improvement property:
(i)land that is created before the enforcement of the provisions related to land improvement property;
(ii)land that is to be created after the enforcement of the provisions related to land improvement property by a project referred to in Article 87-2, item (ii) of the Land Improvement Act that the State implements pursuant to paragraph (1) of the same paragraph, but only if a public notice under Article 62, paragraph (3) of the Cropland Act has been issued regarding the district including that land before the enforcement of the provisions related to land improvement property.
(14)The land and rights that are actually under the management of the Minister of Agriculture and Forestry pursuant to Article 78, paragraph (1) of the Cropland Act at the time of the enforcement of the provisions related to land improvement property, and that have been acquired by the State for the project referred to in Article 87-2, paragraph (1), item (ii) of the Land Improvement Act that is to be conducted pursuant to Article 87-2, paragraph (1), item (ii) of the same Act (excluding the land on which the national land improvement project in the area that includes the land has been completed, and the land on which a public notice under Article 62, paragraph (3) of the Cropland Act has been issued for the district that includes the land before the enforcement of the provisions related to land improvement property) are deemed to be the land and rights referred to in Article 94, paragraph (1), item (iii) of the Land Improvement Act (or Article 94, item (iii) after the enforcement of this Act) and are managed and disposed of by the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of that Article.
(15)The land provided for in the preceding paragraph that has been purchased pursuant to Article 44, paragraph (1) of the Cropland Act and for which the Minister of Agriculture, Forestry and Fisheries finds it reasonable not to formulate the land distribution plan referred to in Article 94-8, paragraph (1) of the Land Improvement Act must be sold off to the previous owners or their general successors, except in cases specified by Cabinet Order. In this case, the consideration for the sale is governed by the provisions of Article 2 of the Act on Special Measures Concerning Sale of National Cropland (Act No. 50 of 1971).
Supplementary Provisions [Act No. 72 of April 20, 1957] [Extract]
(1)This Act comes into effect on July 20, 1957; provided, however, that the amended provisions of Article 3 and the provisions of the following paragraph, paragraphs (3), (5), (6), (9) and (11) come into effect on the date of promulgation.
Supplementary Provisions [Act No. 148 of April 20, 1959] [Extract]
(Effective Date)
(1)This Act comes into effect on the date of enforcement of the National Tax Collection Act (Act No. 147 of 1959).
(Transitional Measures Concerning the Revision of the Priority Order of Statutory Liens of Public Charges)
(7)The provisions of each law and regulation (limited to the parts relating to the priority order of a statutory lien of a surcharge) as amended by the provisions of Chapter II apply to the case where a distribution procedure through the compulsory selling-out procedure prescribed in Article 2, item (xxii) of the National Tax Collection Act is commenced after the enforcement of this Act; and prior laws continue to govern the priority order of a statutory lien of a surcharge as prescribed in the provisions of those laws and regulations in the case where the distribution procedure is commenced before the enforcement of this Act.
Supplementary Provisions [Act No. 14 of March 31, 1960] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 1960.
Supplementary Provisions [Act No. 67 of April 2, 1962] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 1962.
Supplementary Provisions [Act No. 126 of May 11, 1962] [Extract]
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding 90 days from the date of promulgation.
Supplementary Provisions [Act No. 140 of May 16, 1962] [Extract]
(1)This Act comes into effect on October 1, 1962.
(2)The provisions amended by this Act also apply to matters that have arisen before the enforcement of this Act, except as otherwise provided by these Supplementary Provisions; provided, however, that those provisions do not preclude any effects which have arisen pursuant to the provisions before amendment by this Act.
(3)Prior laws continue to govern litigation currently pending at the time of enforcement of this Act, notwithstanding the provisions amended by this Act which stipulate that the litigation may not be filed.
(4)Prior laws continue to govern the jurisdiction concerning litigation actually pending at the time of enforcement of this Act, notwithstanding the provisions amended by this Act which make that jurisdiction an exclusive jurisdiction.
(5)Prior laws continue to govern the statute of limitations for filing an action concerning a disposition or determination for which the statute of limitations for filing an action under the provisions before amendment by this Act is actually running at the time of enforcement of this Act; provided, however, that this is limited to cases when the statute of limitations for filing litigation under the provisions amended by this Act is shorter than that under the provisions before amendment by this Act.
(6)In public law-related actions concerning a disposition or determination made before the enforcement of this Act, for which the statute of limitations has been established by amendment of this Act, the statute of limitations commences from the date of enforcement of this Act,
(7)Prior laws continue to govern an action for revocation of a disposition or determination which is actually pending at the time of enforcement of this Act, notwithstanding the provisions amended by this Act, which stipulate that any of the persons concerned with the relevant legal relationship is to be the defendant; provided, however, that upon a request by the plaintiff, the court may permit that action to be changed to a public law- related action through an order.
(8)The provisions of the second sentence of Article 18 and Article 21, paragraphs (2) through (5) of the Administrative Case Litigation Act apply mutatis mutandis to the case referred to in the proviso to the preceding paragraph.
Supplementary Provisions [Act No. 161 of September 15, 1962] [Extract]
(1)This Act comes into effect on October 1, 1962.
(2)The provisions amended by this Act also apply to dispositions made by an administrative agency before the enforcement of this Act, inaction by an administrative agency concerning an application filed before the enforcement of this Act, or other matters that have arisen before the enforcement of this Act, except as otherwise provided by these Supplementary Provisions; provided, however, that this does not preclude of any effects which have arisen pursuant to the provisions before amendment by this Act.
(3)Prior laws continue to govern a petition, request for an examination, objection or other appeals (referred to below as a "petition, etc.") filed before the enforcement of this Act even after the enforcement of this Act. The same applies to a determination, ruling, or other dispositions on a petition, etc. made before the enforcement of this Act (referred to below as a "determination, etc."), or a further petition, etc. filed when there is dissatisfaction with a determination, etc. made after the enforcement of this Act regarding a petition, etc. filed before the enforcement of this Act.
(4)The petition, etc. prescribed in the preceding paragraph, which concerns dispositions against which an appeal under the Administrative Appeal Act may be filed after the enforcement of this Act, is deemed to be an appeal under the Administrative Appeal Act regarding the application of Acts to other than that Act.
(5)No appeal under the Administrative Appeal Act may be filed against a determination, etc. on a request for an examination, objection, or other appeals filed after the enforcement of this Act pursuant to the provisions of paragraph (3).
(6)The period for filing an appeal under the Administrative Appeal Act commences from the date of the enforcement of the Act, regarding a disposition rendered by an administrative agency before the enforcement of this Act, against which a petition, etc. may be filed pursuant to the provisions before amendment by this Act, and for which the period for filing a petition, etc. has not been set
(8)Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(9)Beyond what is specified in the preceding eight paragraphs, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 134 of July 11, 1963] [Extract]
(Effective Date)
(1)This Act comes into effect on the date of promulgation.
Supplementary Provisions [Act No. 94 of June 2, 1964] [Extract]
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 170 of July 11, 1964] [Extract]
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions [Act No. 41 of March 31, 1966] [Extract]
(1)This Act comes into effect on April 1, 1966.
Supplementary Provisions [Act No. 100 of June 15, 1968] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified separately by law.
Supplementary Provisions [Act No. 8 of March 28, 1970] [Extract]
(Effective Date)
Article 1This Act comes into effect on May 1, 1970.
Supplementary Provisions [Act No. 13 of April 1, 1970] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 3
(1)The provisions of the following Acts as amended by the provisions of Articles 5, 8, 21, and 22 apply to the calculation of the amount of late fees provided for in those provisions in which a due date for the payment of the amount of late fees, to be used as the basis for the calculation is specified by a written demand issued on or after the effective date, and prior laws continue to govern the calculation of the amount of late fees accompanying a demand letter issued before the effective date; provided, however, that if the articles of incorporation or Prefectural or Municipal Ordinances prescribe a rate that exceeds the rate provided for in the provisions stated in item (ii), (v), or (vi) as amended on the effective date, this does not preclude the calculation from being made based on that rate for one year from the effective date:
(i)Article 43, paragraph (2) of the Cropland Act (including as applied mutatis mutandis pursuant to Article 67, paragraph (3), Article 68, paragraph (3), and Article 69, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 70, paragraph (2) of that Act) and Article 14, paragraph (2) of the Act for Enforcement of the Cropland Act (Act No. 230 of 1952));
Supplementary Provisions [Act No. 55 of May 15, 1970] [Extract]
(1)This Act comes into effect on the date on which 90 days have elapsed from the date of promulgation.
Supplementary Provisions [Act No. 56 of May 15, 1970] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
(Transitional Measures)
(2)A disposition, procedure or other act undertaken before the enforcement of this Act pursuant to the provisions of Article 3, paragraph (1) or Article 5, paragraph (1) of the Cropland Act before amendment (referred to below as the "Former Act") or the provisions of an order pursuant to these provisions is deemed to have been undertaken pursuant to the corresponding provisions of Article 3, paragraph (1) or Article 5, paragraph (1) of the Cropland Act after the amendment (referred to below as the "New Act"), or the provisions of an order pursuant to these provisions.
(3)Prior laws continue to govern the purchase of tenanted cropland or tenanted grazed meadow land on which a public notice under Article 8, paragraph (1) of the former Act has been issued before the enforcement of this Act.
(4)Prior laws continue to govern the purchase of rights to the use of land, standing trees, structures, or water for which a written purchase order, has been issued or a public notice has been issued in lieu of that order under Article 14, paragraph (2) of the former Act or Article 11, paragraph (1) or (2) of the former Act as applied mutatis mutandis pursuant to Article 15, paragraph (2) has been issued before the enforcement of this Act.
(5)Prior laws continue to govern the purchase of the cropland or grazed meadow land on which the public notice under Article 15-2, paragraph (3) of the former Act has been issued before the enforcement of this Act.
(6)The land, standing trees, structures or the right of use of water that the State has purchased in accordance with prior laws pursuant to the preceding three paragraphs are deemed to have been purchased by the State pursuant to Article 9, paragraph (1) or paragraph (2), Article 14, paragraph (1), Article 15, paragraph (1), or Article 15-2, paragraph (1) or (2) of the new Act for the application of the provisions of Chapter II, Section 5 and Articles 78 and 80 of the new Act.
(7)Prior laws continue to govern regarding termination by agreement based on an agreement concluded before the enforcement of this Act, as well as a notice of the non-renewal of a lease with a definite term of ten years or more, and has less than ten years remaining on the date of enforcement of this Act, notwithstanding the provisions of the proviso to Article 20, paragraph (1) of the new Act.
(8)The provisions of Articles 21 to Article 24-3 and Article 85, paragraph (7) of the new Act do not apply, and the provisions of Articles 21 to 24 and Article 85, paragraph (7) of the former Act remain in force until the date specified by Cabinet Order within a period not exceeding ten years from the date of enforcement of this Act, regarding the rent payable by a farming right holder who is an individual for whom the superficies, farming right or the right of lease (including the lease by the right of lease that has been renewal, if any) that is actually established at the time of enforcement of this Act,
(9)The Minister of Agriculture and Forestry is to review the standards referred to in Article 21, paragraph (1) of the former Act that remain in force each year pursuant to the provisions of the preceding paragraph, in consideration of the economic situation, etc., and change these standards if the results of that review suggest the need for changes.
(10)Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act, which are to be governed by prior laws pursuant to paragraph (7) of the Supplementary Provisions, and those that violate the provisions of Article 23 of the former Act are to be remain in force pursuant to paragraph (8) of the Supplementary Provisions.
Supplementary Provisions [Act No. 78 of May 20, 1970] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
Supplementary Provisions [Act No. 50 of April 26, 1971] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding 30 days from the date of promulgation.
(Application)
(2)This Act applies to land, etc. that has been sold pursuant to Article 80, paragraph (2) of the Cropland Act, on and after the date of enforcement of this Act.
(Transitional Measures)
(3)Notwithstanding the provisions of the preceding paragraph, prior laws continue to govern land, etc. sold under the provisions of Article 80, paragraph (2) of the Cropland Act before amendment by this Act for a lease of the land, etc. for public or government use, and as prescribed in Cabinet Order, a local government, etc. has applied to the Minister of Agriculture and Forestry or the prefectural governor who manages the land, etc. before the date of enforcement of this Act, and if the land, etc. is actually undergoing the procedure of being sold to the pre-purchase owner, or their general successor at the time of enforcement of this Act.
Supplementary Provisions [Act No. 130 of December 31, 1971] [Extract]
(Effective Date)
(1)This Act comes into force on the date of enforcement of the Japan-United States Agreement Concerning the Ryukyu Islands and the Daito Islands.
Supplementary Provisions [Act No. 52 of June 3, 1972] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding 30 days from the date of promulgation.
(Transitional Measures Concerning Dispositions by the Land Coordination Commission or the Central Public Pollution Examination Commission)
Article 16
(1)Except as otherwise provided for by Cabinet Order, an act such as a disposition that has been undertaken before the enforcement of this Act by the Land Coordination Commission, or the Central Pollution Examination Commission pursuant to laws before amendment by this Act is deemed to have been undertaken by the Environmental Dispute Coordination Commission pursuant to the corresponding provisions of this Act, or the Act amended by this Act.
(2)Except as otherwise provided by Cabinet Order, an application or other procedures that are actually being undertaken at the time of enforcement of this Act regarding the Land Coordination Commission or the Central Pollution Examination Commission pursuant to the provisions of laws before amendment by this Act is deemed to be being undertaken regarding the Environmental Dispute Coordination Commission pursuant to the corresponding provisions of this Act, or the Act amended by this Act.
Supplementary Provisions [Act No. 43 of May 2, 1974] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation; provided, however, that the provisions of Articles 16 to 27 of the Supplementary Provisions come into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 39 of June 13, 1975] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 87 of July 5, 1978] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
Supplementary Provisions [Act No. 5 of March 30, 1979] [Extract]
(Effective Date)
(1)This Act comes into effect on the date on which the Civil Execution Act (Act No. 4 of 1979) comes into effect (October 1, 1980).
(Transitional Measures)
(2)Prior laws continue to govern the cases of civil execution, exercise of enterprise security rights, and bankruptcy filed before the enforcement of this Act.
(3)The amount of fees and payment to be received by or the amount of expenses to be reimbursed to a court execution officer concerning the cases referred to in the preceding paragraph are prescribed by the Rules of the Supreme Court, notwithstanding the provisions of that paragraph.
Supplementary Provisions [Act No. 65 of May 28, 1980] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 66 of May 28, 1980] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures)
(2)Any disposition, procedure or any other act undertaken before the enforcement of this Act pursuant to the provisions of Article 3, paragraph (1), Article 4, paragraph (1), or Article 5, paragraph (1) before an amendment, or the provisions of an order pursuant to these provisions, is deemed to have been undertaken pursuant to the provisions of Article 3, paragraph (1), Article 4, paragraph (1), or Article 5, paragraph (1) after the amendment, or the corresponding provisions of an order pursuant to these provisions.
(3)Prior laws continue to govern the purchase of cropland, or grazed meadow land on which a public notice under Article 15-2, paragraph (3) has been issued before the enforcement of this Act.
(4)Prior laws continue to govern the purchase of cropland, or grazed meadow land concerning the notification referred to in Article 33, paragraph (1), or Article 34, paragraph (1) before amendment that has been made by the State before the enforcement of this Act.
(5)Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 67 of May 28, 1980] [Extract]
(Effective Date)
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 90 of July 12, 1985] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 9Reports from the prefectural development council, which existed prior to the enforcement of the provision of Article 30, submitted under the provisions of the Cropland Act before the amendment under that Article are deemed to be reports from the prefectural agricultural council under the provisions of the Cropland Act after the amendment under that Article.
Supplementary Provisions [Act No. 109 of December 26, 1986] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
(Transitional Measures Concerning Other Dispositions, Applications, etc.)
Article 6If an act, such as permission and other disposition that have been undertaken before the enforcement of this Act (or the respective applicable provisions for the provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and Article 8 of the Supplementary Provisions) pursuant to the provisions of respective laws before amendment (referred to below as "act of disposition, etc." in this Article), or an act such as an application for permission and other acts that are being undertaken at the time of enforcement of this Act pursuant to the provisions of respective laws before amendment (referred to below as "act of application, etc." in this Article), and if the person who should undertake administrative affairs for the act on the date of enforcement of this Act is different, the act is deemed to be an act of disposition, etc. or an act of application, etc. undertaken pursuant to the corresponding provisions of respective laws after amendment, for the application of respective laws after amendment on and after the date of enforcement of this Act, except as otherwise specified in the provisions of Article 2 to the preceding Article of the Supplementary Provisions or the provisions for transitional measures of respective laws after amendment (including orders pursuant to them).
(Transitional Measures Concerning Penal Provisions)
Article 8Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act and to acts committed after the enforcement of this Act that are deemed to be governed by prior laws pursuant to Article 2, paragraph (1) of the Supplementary Provisions.
Supplementary Provisions [Act No. 63 of June 2, 1987] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding nine months from the date of promulgation.
Supplementary Provisions [Act No. 44 of May 17, 1988] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 45 of June 28, 1989] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 21 of May 7, 1990] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 1991.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 26Prior laws continue to govern the application of penal provisions under the Cropland Act and to acts committed before the effective date.
Supplementary Provisions [Act No. 44 of June 22, 1990] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 79 of May 21, 1991] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
(Transitional Measures Concerning Other Dispositions, Applications, etc.)
Article 6If an act such as permission and other disposition that have been undertaken before the enforcement of this Act (or the respective applicable provisions for the provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and Article 8 of the Supplementary Provisions) pursuant to the provisions of respective laws before amendment (referred to below as "act of disposition, etc." in this Article), or applications for permissions and other acts are being undertaken at the time of enforcement of this Act pursuant to the provisions of respective laws before amendment (referred to below as "act of application, etc." in this Article) and if the person who should undertake administrative affairs for the act on the date of enforcement of this Act is different, the action is deemed to be an act of disposition, etc. or an act of application, etc. undertaken pursuant to the corresponding provisions of respective laws after amendment, for the application of the respective laws after amendment on and after the date of enforcement of this Act, except as otherwise specified in the provisions of Article 2 to the preceding Article of the Supplementary Provisions or the provisions for transitional measures of respective laws after amendment (including orders pursuant to them).
(Transitional Measures Concerning Penal Provisions)
Article 7Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act, which are to be governed by prior laws pursuant to Article 2, paragraph (1) of the Supplementary Provisions.
Supplementary Provisions [Act No. 70 of June 16, 1993] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 3
(1)Any disposition, procedure or any other act undertaken before the enforcement of this Act pursuant to the provisions of Article 3, paragraph (1) of the Cropland Act before amendment under Article 2 (referred to below as the "Former Cropland Act"), or the provisions of an order pursuant to these provisions is deemed to have been undertaken pursuant to the provisions of Article 3, paragraph (1) of the Cropland Act after amendment under Article 2 (referred to below as the "New Cropland Act"), or the corresponding provisions of an order pursuant to these provisions.
(2)Prior laws continue to govern regarding the implementation of the cropland holding rationalization promotion project provided for in the proviso to Article 3, paragraph (2) of the former Cropland Act (referred to below as a "former cropland holding rationalization promotion project") which is undertaken by the corporation specified by Cabinet Order provided for in the proviso to that paragraph which is actually in existence at the time of enforcement of this Act (referred to below as the "former cropland holding rationalization corporation") except as otherwise provided for in the following paragraph, from the date of enforcement of this Act, for the former cropland holding rationalization corporation that is a corporation provided for in Article 5, paragraph (2), item (iv), (b) of the Act on Reinforcement of the Agricultural Management Framework, until the date on which the basic policy referred to in paragraph (1) of that Article is first established pursuant to the provisions of that paragraph, and until the date (if the approval referred to in Article 7, paragraph (1) of the Act on Reinforcement of the Agricultural Management Framework is obtained before that day, the date that approval was obtained) on which three months have elapsed from the date (for the implementation policy which is deemed to be the basic concept pursuant to the provisions of paragraph (1) of the preceding Article, the date on which the supplement has been approved pursuant to the provisions of paragraph (2) of that Article) on which the basic plan was first established for the other former cropland holding rationalization corporation, pursuant to Article 6, paragraph (1) of the Act on Reinforcement of the Agricultural Management Framework. .
(3)Prior laws continue to govern the tenanted land that a former cropland holding rationalization corporation has leased from the lessor through the implementation of a former cropland holding rationalization promotion project, as well as the tenanted land that the former cropland holding rationalization corporation owns and has temporarily leased to a lessee, until it sells or exchanges that land through the implementation of a former cropland holding rationalization promotion project.
(4)Prior laws continue to govern a purchase of cropland, or grazed meadow land that has been made before the enforcement of this Act, for which a public notice under Article 15-2, paragraph (3) of the former Cropland Act has been issued.
(Transitional Measures Concerning Penal Provisions)
Article 5Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act that are to be governed by prior laws, pursuant to Article 3, paragraph (2) of the Supplementary Provisions, or the preceding Article.
(Delegation to Cabinet Order)
Article 12In addition to what is provided for in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 72 of June 16, 1993] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order, within a period not exceeding six months from the date of promulgation.
(Review)
Article 2On specified rural areas the government is to consider the lives of farmers and foresters and other local residents after this Act comes into effect, the promotion of agriculture and forestry, and the situation of the conservation of the national land and the environment through the conservation of agricultural land and forests, study necessary ways to build rural areas that are affluent and comfortable to live in, and take necessary measures as needed.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of enforcement of the Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions for Which Advice Is Sought)
Article 2Before this Act comes into effect, a council or any other council organization is asked pursuant to laws and regulations, has been asked to give advice or other guidance, pursuant to laws and regulations, to the effect that a procedure correspond to a procedure for granting an opportunity for a hearing or explanation or other procedure for the statement of opinions as provided for in Article 13 of the Administrative Procedure Act is to be undertaken, prior laws continue to govern the procedures for adverse dispositions concerning the advice or other guidance, notwithstanding the provisions of the relevant laws amended by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Transitional Measures Accompanying the Arrangement of Provisions for Hearings)
Article 14A hearing, an inquiry or a hearing session (excluding those concerning adverse dispositions) or procedures for them that have been conducted pursuant to the provisions of laws before this Act comes into effect are deemed to have been conducted pursuant to the corresponding provisions of the relevant laws amended by this Act.
(Delegation to Cabinet Order)
Article 15In addition to what is specified in Article 2 to the preceding Article of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 75 of April 21, 1995] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding nine months from the date of promulgation.
Supplementary Provisions [Act No. 56 of May 8, 1998]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures)
Article 2Any disposition, procedure or other act undertaken before the enforcement of this Act pursuant to the provisions of Article 4, paragraph (1), Article 5, paragraph (1), or Article 73, paragraph (1) before amendment, or the provisions of an order pursuant to these provisions is deemed to have been undertaken pursuant to the provisions of Article 4, paragraph (1), Article 5, paragraph (1), or Article 73, paragraph (1), or the corresponding provisions of an order pursuant to these provisions.
Article 3Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 135 of October 19, 1998] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
Supplementary Provisions [Act No. 50 of May 21, 1999] [Extract]
(Effective Date)
Article 1This Act comes into effect on March 21, 2000.
Supplementary Provisions [Act No. 70 of June 11, 1999] [Extract]
(Effective Date)
Article 1This Act comes into effect on October 1, 1999.
Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2000; provided, however, that the provisions stated in the following items come into effect on the dates prescribed respectively in those items:
(i)the provisions in Article 1 to amend the Local Autonomy Act (limited, however, to the part concerning Article 250-9, paragraph (1) of the same Act (limited, however, to the part concerning the requirement of consent of both Houses)) by adding five Articles, a Section title, and two Subsections and their titles following Article 250; the provisions of Article 40 to amend paragraph (9) and paragraph (10) of the Supplementary Provisions of the Natural Parks Act (limited, however, to the part concerning paragraph (10) of the Supplementary Provisions of the same Act); the provisions of Article 244 (excluding, however, the part concerning the provisions to amend Article 14-3 of the Agricultural Improvement and Promotion Act); the provisions of Article 472 (excluding, however, the part concerning the provisions to amend Article 6, Article 8, and Article 17 of the Act on Special Provisions Concerning Mergers of Municipalities); and the provisions of Article 7, Article 10, Article 12, the proviso in Article 59, Article 60, paragraph (4) and paragraph (5), Article 73, Article 77, Article 157, paragraph (4) through paragraph (6), Article 160, Article 163, Article 164, and Article 202 of the Supplementary Provisions: the date of the promulgation of this Act.
(Affairs of the National Government)
Article 159In addition to what is provided for in the respective laws before amendment by this Act, the affairs of the national government, other local governments and other public entities that were managed or executed by local government organs pursuant to laws or Cabinet Orders under them before this Act comes into effect (referred to in Article 161 of the Supplementary Provisions as "administrative functions of the national government, etc.") are to be handled by local governments as the affairs of the local government pursuant to laws or Cabinet Orders under them, after the enforcement of this Act.
(Transitional Measures Concerning Dispositions, Applications)
Article 160
(1)If an act such as permission and other disposition that have been undertaken before the enforcement of this Act (or the respective applicable provisions for the provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and Article 163 of the Supplementary Provisions) pursuant to the provisions of respective laws before amendment (referred to below as "act of disposition, etc." in this Article), or applications for permissions and other acts are actually being undertaken at the time of enforcement of this Act pursuant to the provisions of respective laws before amendment (referred to below as "act of application, etc." in this Article) and if the person who should undertake administrative affairs for the act on the date of enforcement of this Act is different, the action is deemed to be an act of disposition, etc. or an act of application, etc. undertaken pursuant to the corresponding provisions of respective laws after amendment, for the application of respective laws after amendment on and after the date of enforcement of this Act, except as otherwise specified in the provisions of Article 2 to the preceding Article of the Supplementary Provisions or the provisions for transitional measures of respective laws after amendment (including orders pursuant to them).
(2)When there are matters for which a report, notification, submission or other procedure must be made to a State or local government organ before the enforcement of this Act, pursuant to the provisions of respective laws before amendment by this Act, and for which that procedure has not been made before the date of enforcement of this Act, those matters are deemed to be matters for which a procedure such as a report, notification, submission or other procedure must be made to a State or local government organ , pursuant to the corresponding provisions of respective laws after amendment by this Act and for which that procedure has not been completed, and the provisions of respective laws amended by this Act apply, except as otherwise provided for in this Act, or Cabinet Order under this Act.
(Transitional Measures Concerning Appeals)
Article 161
(1)If an appeal under the Administrative Appeal Act against a disposition concerning the affairs of the national government, etc. has been made before the effective date by an administrative agency (referred to below as "administrative agency reaching the disposition" in this Article) which had a higher administrative authority as prescribed in that Act (referred to below as "higher administrative authority" in this Article) before the effective date, that appeal is subject to the provisions of the Administrative Appeal Act and the administrative agency making the disposition is deemed to continue to have a higher administrative authority even after the effective date. In this case, the administrative authority deemed to be the higher administrative authority of the administrative agency reaching the disposition, is the administrative authority that was the higher administrative authority of the administrative agency reaching the disposition before the effective date.
(2)In the case referred to in the preceding paragraph, if the administrative agency that is deemed to be the higher administrative authority is an organ of a local government, the administrative functions to be handled by that organ pursuant to the Administrative Appeal Act are Item I statutorily-entrusted functions provided for in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162Prior laws continue to govern any fee that should have been paid pursuant to the provisions of respective laws (including orders the provisions) before amendment by this Act before the effective date, except as otherwise provided for in this Act, or Cabinet Order under this Act.
(Transitional Measures Concerning Penal Provisions)
Article 163Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Other Delegation to Cabinet Order of Transitional Measures)
Article 164In addition to what is provided for in these Supplementary Provisions, any necessary transitional measures in association with the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
(Review)
Article 250Efforts are to be made to avoid establishing additional Item I statutorily-entrusted affairs provided for in Article 2, paragraph (9), item (i) of the new Local Autonomy Act, those stated in Appended Table 1 of the new Local Autonomy Act, and those specified in Cabinet Order under the new Local Autonomy Act are to be reviewed and amended as appropriate with a view to promoting decentralization.
Article 251To allow local governments to execute their administrative functions and programs in an autonomous and independent manner, the government is to review ways to secure and enhance local tax revenues in accordance with the division of roles between the national and local governments, while taking account of the trends in the economic situation in particular, and take necessary measures based on the results of that review.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1
(1)This Act (excluding Article 2 and Article 3) comes into effect on January 6, 2001; provided, however, that the provisions listed in the following items come into effect on the dates prescribed in the respective items:
(i)the provisions of Article 995 (limited to the part concerning the provisions amending the Supplementary Provisions of the Act for Partial Amendment of the Act on the Regulation of Nuclear Source Material, Nuclear Fuels Material and Reactors), Article 1305, Article 1306, Article 1324, paragraph (2), Article 1326, paragraph (2) and Article 1344: the date of promulgation.
Supplementary Provisions [Act No. 91 of May 31, 2000] [Extract]
(Effective Date)
(1)This Act comes into effect on the date of enforcement of the Act Partially Amending the Commercial Code (Act No. 90 of 2000).
Supplementary Provisions [Act No. 143 of December 6, 2000] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures)
Article 2The area of land that has been separately defined by the prefectural governor for part of the area of the prefecture pursuant to the provisions of Article 3, paragraph (2), item (v) of the Cropland Act before amendment by this Act (referred to below as the "former Act") before the enforcement of this Act with the approval of the Minister of Agriculture, Forestry and Fisheries is deemed to have been defined in accordance with the standards specified by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 3, paragraph (2), item (v) of the Cropland Act amended by this Act.
Article 3Prior laws continue to govern a purchase that has been made, before the enforcement of this Act of cropland, or grazed meadow land on which a public notice under Article 15-2, paragraph (3) of the former Act has been issued.
Article 4Prior laws continue to govern the compensation for the losses incurred due to an inspection, survey or the removal, or transfer of an object pursuant to Article 82, paragraph (1) of the former Act before the enforcement of this Act.
Article 5Prior laws continue to govern appeals that have been filed under the Administrative Appeal Act (Act No. 160 of 1962) against the dispositions stated in the following items that have been undertaken before the enforcement of this Act:
(i)dispositions by the prefectural governor under Article 4, paragraph (1) of the former Act (excluding those concerning the act of converting cropland with an area of more than two hectares to land other than cropland for the same business);
(ii)dispositions by the prefectural governor under Article 5, paragraph (1) of the former Act (excluding those concerning the act of acquiring the rights stated in the main clause of Article 3, paragraph (1) of the former Act for cropland with an area of more than two hectares, together with grazed meadow land for the same business);
(iii)dispositions by the prefectural governor under Article 83-2 of the former Act (limited to those concerning the dispositions stated in the preceding two items).
Article 6Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Review)
Article 7The government is to, with a target of five years after the enforcement of this Act, consider review the status of implementation of the provisions amended by this Act, study ways to secure various business-minded farmers, including further promoting the incorporation of agricultural management, and ways to secure good cropland, including how to better restrict cropland conversion to other uses, with a view to boosting domestic agricultural production, and take necessary measures based on the results of the review.
Supplementary Provisions [Act No. 39 of June 6, 2001] [Extract]
(Effective Date)
Article 1This Act comes into effect on January 1, 2002.
Supplementary Provisions [Act No. 80 of June 29, 2001]
This Act comes into effect on the date on which the Act Revising the Commercial Code and Other Acts comes into effect.
Supplementary Provisions [Act No. 130 of December 4, 2002] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2003; provided, however, that the provisions of Articles 10 to 14 and Articles 16 through 22 of the Supplementary Provisions come into effect on October 1 of that year.
Supplementary Provisions [Act No. 84 of June 9, 2004] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions [Act No. 124 of June 18, 2004] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of enforcement of the new Real Property Registration Act.
Supplementary Provisions [Act No. 147 of December 1, 2004] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 152 of December 3, 2004] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 39Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act, for which prior laws are to continue to govern pursuant to these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 40In addition to what is provided for in Articles 3 to 10, Article 29 of the Supplementary Provisions, and the preceding two Articles, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 53 of June 10, 2005] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 3Prior laws continue to govern the special provisions of the Cropland Act on the specified rights of use for which prior laws are to continue to govern pursuant to the provisions of paragraph (2) or (3) of the following Article.
(Transitional Measures Accompanying Partial Amendments to the Act on Establishment of Agricultural Promotion Regions)
Article 4
(2)Prior laws continue to govern the specified right of use provided for in Article 15-7, paragraph (1) of the former Agricultural Promotion Act that has been established in an agreement before the enforcement of this Act with the approval referred to in Article 15-7, paragraph (1) of the former Agricultural Promotion Act (including if an agreement is deemed to have been reached pursuant to the provisions of Article 15-11, paragraph (2) of the former Agricultural Promotion Act).
(3)Prior laws continue to govern if an application for approval referred to in Article 15-7, paragraph (1) of the former Agricultural Promotion Act has been filed before the enforcement of this Act, the procedures for establishing the specified right of use provided for in that paragraph, and the specified right of use are established through those procedures.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 5Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act that are to be continuing to be governed by prior laws pursuant to the provisions of this Act.
(Delegation to Cabinet Order)
Article 6In addition to what is specified in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 87 of July 26, 2005] [Extract]
This Act comes into effect on the date of enforcement of the Companies Act.
Supplementary Provisions [Act No. 48 of May 16, 2007] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 8 of March 31, 2008] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2008.
Supplementary Provisions [Act No. 57 of June 24, 2009] [Extract]
(Effective Date)
Article 1
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the provisions of Article 43 of the Supplementary Provisions: the date of promulgation.
(Transitional Measures Concerning Restrictions on the Transfer of Rights and Land Conversion)
Article 2
(1)A disposition, procedure or any other act undertaken pursuant to the provisions of Article 3, paragraph (1) of the Cropland Act before amendment under Article 1 (referred to below as the "former Cropland Act") or the provisions of an order pursuant to these provisions is deemed to have been undertaken pursuant to the provisions of Article 3, paragraph (1) of the Cropland Act after amendment under Article 1 (referred to below as the "new Cropland Act") or the corresponding provisions of an order pursuant to these provisions.
(2)Prior laws continue to govern the disposition of granting or disapproving permission for an application for permission referred to in Article 3, paragraph (1) of the former Cropland Act that was filed before the enforcement of this Act, but for which the disposition of granting or disapproving permission has not been rendered by the time of enforcement of this Act.
(3)The provisions of Article 3-3, paragraph (1) of the new Cropland Act apply to a person who has acquired the rights stated in the main clause of Article 3, paragraph (1) of the new Cropland Act for cropland or grazed meadow land after the enforcement of this Act.
(4)The provisions of the main clause of Article 4, paragraph (1), and paragraph (5) of the new Cropland Act do not apply to any act of converting cropland to land other than cropland that the national or prefectural government has actually begun to undertake by the time of enforcement of this Act.
(5)Prior laws continue to govern the restrictions on the conversion of the tenanted land that has been designated under Article 7, paragraph (1), item (iv) of the former Cropland Act before the enforcement of this Act (meaning tenanted land provided for in Article 2, paragraph (2) the former Cropland Act; the same applies below).
(Transitional Measures Concerning the Purchase of Tenanted Land)
Article 3
(1)Prior laws continue to govern the purchase that has been made, before the enforcement of this Act, of tenanted land on which a public notice under Article 8, paragraph (1) of the former Cropland Act has been issued.
(2)Prior laws continue to govern the purchase of the land, standing trees, structures or the right of use of water on which a written purchase order or a public notice in lieu of that order under Article 14, paragraph (2) of the former Cropland Act (including as applied mutatis mutandis pursuant to Article 15, paragraph (2), Article 15-3, paragraph (10), and Article 16, paragraph (2) of the former Cropland Act) or Article 11, paragraph (1) or (2) of the former Cropland Act as applied mutatis mutandis pursuant to Article 15, paragraph (2) has been issued before the enforcement of this Act.
(3)Prior laws continue to govern the purchase of cropland, or grazed meadow land on which the public notice under Article 15-3, paragraph (3) of the former Cropland Act has been issued before the enforcement of this Act.
(4)Prior laws continue to govern the purchase of cropland or grazed meadow land concerning the notification under Article 16, paragraph (1) of the former Cropland Act that has been filed before the enforcement of this Act.
(Transitional Measures Concerning the Management of Relations over Cropland Utilization)
Article 4
(1)The provisions of Article 22 of the former Cropland Act remain in force for the rent payable by a farming right holder provided for in Article 2, paragraph (9) of the former Cropland Act that has been established or changed before the enforcement of this Act.
(2)Prior laws continue to govern the establishment of the right of use provided for in Article 26, paragraph (1) of the former Cropland Act (including as applied mutatis mutandis pursuant to Article 31 of the former Cropland Act; the same applies below) if an application for approval referred to in that paragraph is filed before the enforcement of this Act.
(3)Prior laws continue to govern the right of use provided for in Article 26, paragraph (1) of the former Cropland Act (including the right of use that has been established in accordance with prior laws pursuant to the provisions of the preceding paragraph after the enforcement of this Act) that has been established in an agreement before the enforcement of this Act with approval referred to in Article 26, paragraph (1) of the former Cropland Act (including cases where an agreement is deemed to have been reached pursuant to the provisions of Article 30, paragraph (2) of the former Cropland Act (including as applied mutatis mutandis pursuant to the provisions of Article 31 of the former Cropland Act)).
(4)Prior laws continue to govern the protection of the right of use for which a contract provided for in Article 32 of the former Cropland Act concluded before the enforcement of this Act.
(Transitional Measures Concerning the Sale of Cropland)
Article 5Prior laws continue to govern the sale of cropland or grazed meadow land and the incidental facilities of the cropland or grazed meadow land (meaning the incidental facilities provided for in Article 36, paragraph (2) of the former Cropland Act; the same applies below) for which a purchase application has been submitted pursuant to Article 37 of the former Cropland Act before the enforcement of this Act.
(Transitional Measures Concerning the Purchase and Sale of Unreclaimed Land)
Article 6
(1)Prior laws continue to govern the servitude that is deemed to have been established pursuant to the provisions of 54, paragraph (2) of the former Cropland Act before the enforcement of this Act.
(2)Prior laws continue to govern the payment and collection of consideration for land, standing trees, a structure or right (referred to below as "land, etc.") that has been sold pursuant to Article 61 of the former Cropland Act before the enforcement of this Act, if the payment and collection have not been completed.
(3)The provisions of Articles 71 and 72 of the former Cropland Act, the provisions of Article 50, paragraphs (2) and (3), Article 51, paragraphs (2) and (3), and Articles 52 to 55 of the former Cropland Act as applied mutatis mutandis pursuant to paragraph (4) of that Article, and the provisions of Article 110, paragraph (3) of the Land Improvement Act (Act No. 195 of 1949) before the amendment under Article 24 of the Supplementary Provisions (including as applied mutatis mutandis pursuant to the provisions of Article 111, Article 13-5 of the Act on Establishment of Agricultural Promotion Regions before the amendment under Article 3 of that Act (referred to below as the "former Agricultural Promotion Act"), Article 11 of the Farming and Residence Association Act (Act No. 86 of 1980) before (Act No. 195 of 1949) amendment under Article 29 of the Supplementary Provisions, Article 12 of the Rural Area Development Act (Act No. 63 of 1987) before the amendment under Article 30 of the Supplementary Provisions, and under the provisions of Article 6 of the Act on Promotion of Development of Community Farms (Act No. 44 of 1990)) remain in force before the amendment under that Article, regarding the inspection and redemption of the land, etc. that has been sold pursuant to the provisions of Article 61 of the former Cropland Act before the enforcement of this Act.
(4)Prior laws continue to govern restrictions on the disposition of the land that has been sold pursuant to Article 61 of the former Cropland Act before the enforcement of this Act and dispositions for violations of those restrictions.
(5)Until three years have elapsed from the time referred to in Article 67, paragraph (1), item (vi) of the former Cropland Act, the provisions of Articles 3, 3-3, and 5 of the new Cropland Act do not apply to the land that has been sold pursuant to the provisions of Article 61 of the former Cropland Act before the enforcement of this Act and which is cropland, or grazed meadow land.
(6)Prior laws continue to govern the transfer of land, etc. that actually falls under the items of Article 61 of the former Cropland Act at the time of enforcement of this Act (including land, etc. that has been purchased after the enforcement of this Act pursuant to the provisions of Article 72, which are to remain in force pursuant to the provisions of paragraph (3) of the former Cropland Act).
(7)Prior laws continue to govern the exclusion from application of the restrictive or prohibitive provisions of other laws and regulations regarding actions for reclamation, and other development purposes provided for in Article 75 of the former Cropland Act.
(Transitional Measures Concerning Grassland Use Rights)
Article 7
(1)Prior laws continue to govern the establishment of the grassland use rights provided for in Article 75-2, paragraph (1) of the former Cropland Act (referred to below as "grassland use right") or the renewal, etc. of the duration of the right if the application for approval referred to in Article 75-2, paragraph (1), or Article 75-7 paragraph (1) of the former Cropland Act is filed before the enforcement of this Act.
(2)Prior laws continue to govern grassland use rights (including the grassland use rights that have been established in accordance with prior laws pursuant to the provisions of the preceding paragraph after the enforcement of this Act) that has been established in an agreement before the enforcement of this Act with approval referred to in Article 75-2, paragraph (1), or Article 75-7 paragraph (1) of the former Cropland Act (including when an agreement is deemed to have been reached pursuant to the provisions of Article 75-7 paragraph (2) of the former Cropland Act (including as applied mutatis mutandis pursuant to the provisions of Article 75-6 paragraph (2) of the former Cropland Act)).
(Transitional Measures Concerning the Management and Sale of Purchased Land)
Article 8
(1)Prior laws continue to govern the management of the land, etc. that is actually under the management of the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of Article 78, paragraph (1) of the former Cropland Act at the time of enforcement of this Act (including the land, etc. that has been purchased in accordance with prior laws pursuant to the provisions of Article 3 of the Supplementary Provisions after the enforcement of this Act, as well as the land, etc. that has been purchased pursuant to the provisions of Article 72 of the former Cropland Act that are deemed to remain in force pursuant to the provisions of Article 6, paragraph (3) of the Supplementary Provisions after the enforcement of this Act).
(2)The land, etc. that is managed pursuant to prior laws pursuant to the preceding paragraph are sold pursuant to the provisions of Article 46 of the new Cropland Act, except when it is sold pursuant to prior laws pursuant to the provisions of Article 5 of the Supplementary Provisions or when it is sold off, or a change of administrative jurisdiction and a change of affiliation is made, pursuant to the provisions of Article 80 of the former Cropland Act which are deemed to remain in force pursuant to the provisions of paragraph (4).
(3)If the cropland, or grazed meadow land to be sold in the case referred to in the preceding paragraph constitutes land provided for in Article 36, paragraph (1), item (i) of the former Cropland Act, and if a person stated in that item wishes to purchase it as prescribed in Order of the Ministry of Agriculture, Forestry and Fisheries, the Minister of Agriculture, Forestry and Fisheries must sell off the cropland or grazed meadow land, and the annexed facilities of the cropland, or grazed meadow land to that person.
(4)The provisions of the Act on Special Measures Concerning the Sale of National Cropland, etc. (Act No. 50 of 1971) that have been repealed pursuant to the provisions of Article 80 of the former Cropland Act and Article 20 of the Supplementary Provisions (including the provisions of orders under these provisions) remain in force regarding the sale of the land, etc. that is managed under prior laws pursuant to the provisions of paragraph (1), a change of administrative jurisdiction and a change of affiliation, and the conversion to public or government use. In this case, the term "pursuant to Article 78, paragraph (1)" in Article 80, paragraph (1) of the former Cropland Act is to be replaced with "under prior laws pursuant to Article 8, paragraph (1) of the Supplementary Provisions to the Act Partially Amending the Cropland Act, etc. (Act No. 57 of 2009)" and which prior laws are to continue to govern; the term "the establishment of independent farmers" in that paragraph is deemed to be replaced with "land"; the term "has been purchased" in paragraph (2) of that Article is to be replaced with "purchased (including what has been purchased pursuant to the provisions of Article 9 or Article 14 before amendment under Article 1 of the Act Partially Amending the Cropland Act, etc. in cases to be subject to prior laws pursuant to the provisions of Article 3, paragraph (1) or (2) of the Supplementary Provisions of that Act).
(5)The provisions of Articles 3 and Article 3-3 of the new Cropland Act do not apply when the ownership of cropland, or grazed meadow land is transferred through the sale of land, etc. which is subject to Article 46 of the new Cropland Act pursuant to the provisions of paragraph (2), or through the sale of land, etc. under Article 80 of the former Cropland Act which are to remain in force pursuant to the provisions of the preceding paragraph.
(Transitional Measures Concerning Appeals)
Article 9Prior laws continue to govern appeals that have been filed under the Administrative Appeal Act (Act No. 160 of 1962) against dispositions under the former Cropland Act that have been rendered before the enforcement of this Act, or against dispositions that have been rendered under prior laws pursuant to these Supplementary Provisions after the enforcement of this Act.
(Transitional Measures Concerning Actions for an Increase or Decrease in the Amount of the Price)
Article 10Prior laws continue to govern actions for an increase or decrease in the amount of consideration, rent, or compensation stated in the items of Article 85-3, paragraph (1) of the former Cropland Act.
(Transitional Measures Concerning Penal Provisions)
Article 18Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act and to acts committed after the enforcement of this Act that are to continue to be governed by prior laws pursuant to these Supplementary Provisions.
(Review)
Article 19
(1)The government is to review the organization and management of the agricultural commission in view of the roles to be played by the agricultural commission in the cropland system, and take any necessary measures based on the results of that review.
(2)Given the importance of providing accurate information on cropland in a timely manner for the purposes of promoting the agricultural use of cropland, the government is to review ways to better develop basic information on cropland, and take any necessary measures based on the results of that review.
(3)The government is to review plans, and other systems accompanying the use of cropland and take any necessary measures based on the results of that review to ensure that cropland, which constitutes the basis for agricultural production in the country and provides precious resources for local areas, is put to effective agricultural use in these respective areas.
(4)The government is to with a target of five years after the enforcement of this Act, review the role of a body responsible for implementing the affairs concerning the permission referred to in Article 4, paragraph (1) and Article 5, paragraph (1) of the new Cropland Act, the measures being taken to secure cropland, and other matters, with a view to securing cropland based on an appropriate division of roles between the national and local governments, while taking into consideration the status of enforcement of the new Cropland Act and the new Agricultural Promotion Act, and the government is to take any necessary measures based on the results of that review, if it is found necessary.
(5)The government, in addition to what is provided for in the preceding paragraphs, with a target of five years after the enforcement of this Act, is to review the provisions of the new Cropland Act, the new Fundamental Reinforcement Act, the new Agricultural Promotion Act, and the new Agricultural Cooperatives Act, in consideration of the status of enforcement of those Acts, and take any necessary measures based on the results of that review.
(Repeal of the Act on Special Measures Concerning the Sale of National Cropland)
Article 20The Act on Special Measures Concerning the Sale of National Cropland is repealed.
(Delegation to Cabinet Order)
Article 43In addition to what is provided for in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 35 of May 2, 2011] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 70 of June 22, 2011] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2012; provided, however, that the provisions of the following Article come into effect on the date of promulgation of the Act on the Development of Related Acts for Promoting Reform with the Aim of Increasing the Autonomy and Independence of Local Authorities (Act No. 105 of 2011) or the date of promulgation of this Act, whichever comes later.
Supplementary Provisions [Act No. 105 of August 30, 2011] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates prescribed in each item:
(i)the provisions of Article 10 (excluding the provisions amending Article 18 of the Act on Special Districts for Structural Reform), Article 12, Article 14 (limited to the provisions amending the Act on Public Housing (Act No. 193 of 1951) and the Road Transportation Act (Act No. 180 of 1952), both in Appended Table 1 of the Local Autonomy Act), Article 16 (excluding the provisions amending Articles 2 and 13 of the Act on Assurance of Sound Financial Status of Local Governments), Article 59, Article 65 (limited to the provisions amending Article 57 the Cropland Act), Article 76, Article 79 (limited to the provisions amending Article 14 of the Act on the Promotion of the Improvement of Basic Conditions of Agriculture, Forestry and Other Business in Hilly and Mountainous Areas), Article 98 (excluding the provisions amending Articles 6 and Article 7 of the Act on Public Housing as well as paragraph (2) of the Supplementary Provisions to them), Article 99 (limited to the provisions amending Articles 17, 18, 24 and 27, Articles 48-4 to Article 48-7, and Article 97 of the Road Transportation Act), Article 102 (limited to the provisions amending Articles 3, 4, 8, 10, 12, 14 and Article 17 of the Act on Special Measures concerning Road Construction and Improvement), Article 104, Article 110 (limited to the provisions amending Article 26 of the Act on Special Measures concerning Preparation, etc. for Utility Ducts), Article 114, Article 121 (limited to the provisions amending Article 133 of the Urban Renewal Act), Article 125 (limited to the provisions amending Article 9 of the Act on Advancement of Expansion of Public Lands), Article 131 (limited to the provisions amending Article 100 the Act on Special Measures concerning Promotion of Supply of Houses and Housing Lands in Urban Districts), Article 133, Article 141, Article 147 (limited to the provisions amending Article 27 of the Act on Special Measures concerning Preparation, etc. for Electric Cable Ducts), Article 149 (limited to the provisions amending Articles 13, 277, 291, 293 to 295, and 298 of the Act on Promotion of Improvement of Disaster Control Districts in Populated Urban Districts), Article 153, Article 155 (limited to the provisions amending Articles 46 and 46-2, and Article 51, paragraph (1) of the Act on Special Measures concerning Urban Reconstruction), Article 156 (limited to the provisions amending Article 102 of the Act on Facilitation of Reconstruction of Condominiums), Article 159, Article 160 (limited to the provisions amending Article 6, paragraphs (2) and (3) of the Act on Special Measures concerning Development of Public Rental Housing, etc. to Accommodate Various Demands of Communities, the provisions amending paragraph (5) of that Article (limited to the part that replaces "paragraph (2), item (ii), (a)" with "paragraph (2), item (i), (a)"), and the provisions amending paragraphs (6) and (7) of that Article), Article 162 (limited to the provisions amending Article 25 of the Act on Promotion of Smooth Transportation, etc. of Elderly Persons, Disabled Persons, etc. (excluding the parts amending the term " if it intends to develop a basic concept, a municipality is to, " in paragraph (7) of that Article with "when a municipality intends to develop a basic concept, and the council referred to in paragraph (1) of the following Article has not been organized", and deleting the term "holding a discussion at the council referred to in paragraph (1) of the following Article if the council has been organized, and if the council has not been organized"), and the provisions amending Articles 32, 39 and 54 of the same Act), Article 163, Article 166, Article 167, Article 171 (limited to the provisions amending Article 5-5, paragraph (2), item (v) of the Waste Management and Public Cleansing Act), Article 175, and Article 186 (limited to the provisions amending Article 7, paragraph (2), item (iii) of the Act on Special Measures concerning Promotion of Proper Treatment of PCB Wastes); and the provisions of Article 33, Article 50, Article 72, paragraph (4), Article 73, Article 87 (limited to the provisions amending Article 587-2 of the Local Tax Act (Act No. 226 of 1950) as well as Article 11 of the Supplementary Provisions), Article 91 (limited to the provisions amending Article 33, Article 34-3, paragraph (2), item (v), and Article 64 of the Act on Special Measures Concerning Taxation (Act No. 26 of 1957)), Article 92 (excluding the provisions amending Article 25 of the National Highway Act (Act No. 79 of 1957)), Article 93, Article 95, Article 111, Article 113, Article 115, and Article 118 of the Supplementary Provisions: the day on which three months has elapsed from the date of promulgation;
(ii)the provisions of Article 2, Article 10 (limited to the provisions amending Article 18 of the Act on Special Districts for Structural Reform), Article 14 (limited to the provisions amending Article 252-19 and 260 of the Local Autonomy Act, as well as the item on the Noise Regulation Act (Act No. 98 of 1968), the item on the City Planning Act (Act No. 100 of 1968), the item on the Urban Renewal Act (Act No. 38 of 1969), referred to in the Basic Environment Act (Act No. 91 of 1993), and the item on the Act on Promotion of Improvement of Disaster Control Districts in Populated Urban Districts (Act No. 49 of 1997) in Appended Table 1, and the item on the Urban Renewal Act (Act No. 38 of 1969), the item on the Act on Advancement of Expansion of Public Lands (Act No. 66 of 1972), the item on the Act on Special Measures concerning Promotion of Supply of Houses and Housing Lands in Urban Districts (Act No. 67 of 1975), the item on the Act on Promotion of Improvement of Disaster Control Districts in Populated Urban Districts (Act No. 49 of 1997), the item on the Act on Facilitation of Reconstruction of Condominiums (Act No. 78 of 2002) in Appended Table 2), Articles 17 to 19, Article 22 (limited to the provisions amending Articles 21-5-6, 21-5-15, 21-5-23, 24-9, 24-17, 24-28, and Article 24-36 of the Child Welfare Act), Articles 23 to 27, Articles 29 to 33, Article 34 (limited to the provisions amending Articles 62, 65 and 71 of the Social Welfare Act), Article 35, Article 37, Article 38 (excluding the provisions amending Articles 46, 48-2, 50 and 50-2 of the Water Supply Act), Article 39, Article 43 (limited to the provisions amending Articles 19, 23, 28 and 30-2 of the Human Resources Development Promotion Act), Article 51 (limited to the provisions amending Article 64 of the Act on Prevention of Infectious Diseases and Medical Care for Patients of Infectious Diseases), Article 54 (excluding the provisions amending Articles 88 and 89 of the Services and Support for Persons with Disabilities Act), Article 65 (excluding the provisions amending Article 3, paragraph (1), item (ix), Article 4, Article 5, and Article 57 of the Cropland Act), Articles 87 to 92, Article 99 (limited to the provisions amending the Articles 24-3 and Article 48-3 of the Road Transportation Act), Article 101 (limited to the provisions amending Article 76 of the Land Readjustment Act), Article 102 (limited to the provisions amending Articles 18 to 21, 27, 49 and 50 of the Act on Special Measures concerning Road Construction and Improvement), Article 103, Article 105 (excluding the provisions amending Article 4 of the Parking Lot Act), Article 107, Article 108, Article 115 (limited to the provisions amending Articles 15 and 17 of the Urban Green Space Conservation Act), Article 116 (excluding the provisions amending Article 3-2 of the Act on the Improvement of Urban Distribution Centers), Article 118 (limited to the provisions amending Articles 16 and 18 of the Act on Arrangement of Conservation Districts in Kinki Area), Article 120 (excluding the provisions amending Articles 6-2, 7-2, 8, 10-2 to 12-2, 12-4, 12-5, 12-10, 14, 20, 23, 33 and 58-2 of the City Planning Act), Article 121 (limited to the provisions amending Articles 7-4 to 7-7, 60 to 62, 66, 98, 99-8, 139-3, 141-2 and 142 of the Urban Renewal Act), Article 125 (excluding the provisions amending Article 9 of the Act on Advancement of Expansion of Public Lands), Article 128 (excluding the provisions amending Articles 20 and 39 of the Urban Green Space Act), Article 131 (limited to the provisions amending Articles 7, 26, 64, 67, 104 and 109-2 of the Act on Special Measures concerning Promotion of Supply of Houses and Housing Lands in Urban Districts), Article 142 (limited to the provisions amending Articles 18 and 21 to 23 of the Act on Comprehensive Development of Regional Core Cities with Relocation of Office-Work Function), Article 145, Article 146 (excluding the provisions amending Article 5, and Article 7, paragraph (3) of the Act on Special Measures concerning Reconstruction of Urban Districts Damaged by Disaster), Article 149 (limited to the provisions amending Articles 20, 21, 191, 192, 197, 233, 241, 283, 311 and 318 of the Act on Promotion of Improvement of Disaster Control Districts in Populated Urban Districts), Article 155 (limited to the provisions amending Article 51, paragraph (4) of the Act on Special Measures concerning Urban Reconstruction), Article 156 (excluding the provisions amending Article 102 of the Act on Facilitation of Reconstruction of Condominiums), Article 157, Article 158 (limited to the provisions amending Article 57 of the Landscape Act), Article 160 (limited to the provisions amending Article 6, paragraph (5) of the Act on Special Measures concerning Development of Public Rental Housing, etc. to Accommodate Various Demands of Communities (excluding the part that replaces "paragraph (2), item (ii), (a)" with "paragraph (2), item (i), (a)") and Articles 11 and 13 of the same Act), Article 162 (limited to the provisions amending Articles 10, 12 and 13, Article 36, paragraph (2), and Article 56 of the Act on Promotion of Smooth Transportation, etc. of Elderly Persons, Disabled Persons, etc.), Article 165 (limited to the provisions amending Articles 24 and Article 29 of the Act on Maintenance and Improvement of Traditional Scenery in Certain Districts), Article 169, Article 171 (limited to the provisions amending Article 21 of the Waste Management and Public Cleansing Act), Article 174, Article 178, Article 182 (limited to the provisions amending Articles 16 and 40-2 of the Basic Environment Act), and Article 187 (excluding the provisions amending Article 15 of the Wildlife Protection and Proper Hunting Act, the provisions amending Article 28, paragraph (9) of that Act (excluding the part that replaces "Article 4, paragraph (3)" with "Article 4, paragraph (4)"), the provisions amending Article 29, paragraph (4) of the same Act (excluding the part that replaces "Article 4, paragraph (3)" with "Article 4, paragraph (4)"), and the provisions amending Articles 34 and 35 of the same Act); and the provisions of Article 13, Articles 15 to 24, Article 25, paragraph (1), Article 26, Article 27, paragraphs (1) to (3), Articles 30 to Article 32, Article 38, Article 44, Article 46, paragraphs (1) and (4), Article 47 to Article 49, Article 51 to Article 53, Article 55, Article 58, Article 59, Article 61 to Article 69, Article 71, Article 72, paragraphs (1) to paragraph (3), Article 74 to Article 76, Article 78, Article 80, paragraphs (1) and (3), Article 83, Article 87 (excluding the provisions amending Article 587-2 of the Local Tax Act as well as Article 11 of the Supplementary Provisions to them), Article 89, Article 90, Article 92 (limited to the provisions amending Article 25 of the National Highway Act), Article 101, Article 102, Article 105 to Article 107, Article 112, Article 117 (limited to the provisions amending Article 4, paragraph (8) of the Act on Promotion of Activities for the Conservation of Biological Diversity through Collaboration of Regional Multiple Stakeholders (Act No. 72 of 2010)), Article 119, Article 121-2, and Article 123, paragraph (2) of the Supplementary Provisions: April 1, 2012.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 38Any disposition, procedure, or any other act undertaken before the enforcement of the provisions of Article 65 (excluding the provisions amending of Article 3, paragraph (1), item (ix) and Articles 4, 5 and 57 of the Cropland Act; the same applies in this Article) pursuant to the provisions of Article 3, paragraph (1) or (4) or Article 3-2, paragraph (1) of the Cropland Act before amendment under Article 65, or the provisions of an order pursuant to these provisions is deemed to have been undertaken pursuant to the provisions of Article 3, paragraph (1) or (4) or Article 3-2, paragraph (1) of the Cropland Act after amendment under Article 65 or the corresponding provisions of an order pursuant to these provisions.
(Transitional Measures Concerning Penal Provisions)
Article 81Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act (or the applicable provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies in this Article) and prior laws and regulations continue to govern acts committed after the enforcement of this Act, which are to continue to be governed by prior laws, pursuant to these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 82In addition to what is provided for in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 122 of December 14, 2011] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two months from the date of promulgation.; provided, however, that the provisions stated in the following items come into effect on the dates prescribed respectively in those items:
(i)the provisions of Articles 6, 8, 9 and 13 of the Supplementary Provisions: the date of promulgation.
Supplementary Provisions [Act No. 81 of November 22, 2013] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 101 of December 13, 2013] [Extract]
(Effective Date)
Article 1
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the date specified respectively in those items:
(i)the provisions of Article 8 of the Supplementary Provisions: the date of promulgation.
(Delegation to Cabinet Order)
Article 8Any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 102 of December 13, 2013] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding nine months from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates prescribed respectively in those items:
(i)the provisions of Article 11 of the Supplementary Provisions: the date of promulgation.
(Transitional Measures Concerning Measures for Idle Cropland)
Article 6
(1)A notice under Article 32 of the Cropland Act before amendment under Article 2 (referred to below as the "former Cropland Act" in this Article) that has been given before the effective date and for which a notification under Article 33, paragraph (1) of the former Cropland Act has not been made is deemed to be a survey on intended use under Article 32, paragraph (1) of the Cropland Act as amended under Article 2 (referred to as the "new Cropland Act" in the following paragraph and paragraph (3)).
(2)A public notice under the proviso to Article 32 of the former Cropland Act that has been issued before the effective date is deemed to be a public notice made pursuant to Article 32, paragraph (3) of the new Cropland Act.
(3)A notification under Article 33, paragraph (1) of the former Cropland Act that has been made before the effective date is deemed to be the statement of an intent concerning a survey on intended use under Article 32, paragraph (1) of the new Cropland Act if the notification falls under either item (i) or (iii) of Article 34, paragraph (1) of the former Cropland Act, and if no recommendation under that paragraph has been made.
(4)Prior laws continue to govern reporting, conciliation, application for a ruling, or any other act under Article 34, paragraph (2) recommendation under that Article of the former Cropland Act and Articles 35 to 37 and Article 43, paragraph (1) of the former Cropland Act concerning, which have been made before the effective date.
(5)Prior laws continue to govern the restrictions on the transfer of rights to cropland regarding the transfer of ownership, or the establishment or transfer of the right of lease that entails the acceptance of a conciliation plan, which is to be governed by prior laws, pursuant to the provisions of the preceding paragraph.
(6)Prior laws continue to govern the establishment of the specified right of use (as provided for in Article 37 of the former Cropland Act; the same applies in the following paragraph) or the right to use idle cropland as provided for in Article 43, paragraph (1) of the former Cropland Act when an application under Article 37 or Article 43, paragraph (1) of the former Cropland Act has been filed before the date of enforcement (including when prior laws are to continue to govern the application pursuant to the provisions of paragraph (4) after the date of enforcement).
(7)Prior laws continue to govern the specified right of use that has been established before the effective date or the rights to use idle cropland provided for in Article 43, paragraph (1) of the former Cropland Act (including those rights that have been established after the effective date under prior laws pursuant to the provisions of the preceding paragraph).
(8)Prior laws continue to govern the measures for the removal, etc. of a hindrance referred to in Article 44, paragraph (3) of the former Cropland Act that has been taken by the mayor of the municipality in relation to an order under paragraph (1) of that Article before the effective date, and the collection of expenses concerning those measures.
(Transitional Measures Concerning Penal Provisions)
Article 10Prior laws continue to govern the application of penal provisions to acts committed before the effective date of this Act and to acts committed after the date of enforcement of this Act and prior laws continue to govern pursuant to these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 11In addition to what is provided for in Article 2 to the preceding Article of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 12The government is to, with a target of five years after the enforcement of this Act, consider the status of implementation of respective laws amended by this Act and, if it is found to be necessary, review the provisions of these laws and take any necessary measures based on the results of that review.
Supplementary Provisions [Act No. 42 of May 30, 2014] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
Supplementary Provisions [Act No. 51 of June 4, 2014] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2015.
(Transitional Measures Concerning Dispositions, and Applications)
Article 7
(1)If an act such as permission and other dispositions have been undertaken before the enforcement of this Act (or the respective applicable provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and the following Article) pursuant to the provisions of respective laws before amendment (referred to below as "act of disposition, etc." in this Article), or applications for permission and other acts are being undertaken at the time of enforcement of this Act pursuant to the provisions of respective laws before amendment (referred to below as "act of application, etc." in this Article) and if the person who should undertake administrative affairs for the act on the date of enforcement of this Act is different, the act is deemed to be an act of disposition, etc. or an act of application, etc. undertaken pursuant to the corresponding provisions of respective laws after amendment, for the application of respective laws after amendment on and after the date of enforcement of this Act, except as otherwise specified in the provisions of Article 2 to the preceding Article of the Supplementary Provisions or the provisions for transitional measures of respective laws after amendment (including orders pursuant to them).
(2)When there are matters for which a report, notification, submission or other procedure must be made to a State or local government entity before the enforcement of this Act, pursuant to the provisions of respective laws before amendment by this Act, and for which that procedure has not been made before the date of enforcement of this Act, those matters are deemed to be matters for which a procedure such as a report, notification, submission or other procedure must be made to a State or local government body, pursuant to the corresponding provisions of respective laws after amendment by this Act and for which that procedure has not been completed, and the provisions of respective laws amended by this Act apply, except as otherwise provided for in this Act, or Cabinet Order under this Act.
(Transitional Measures Concerning Penal Provisions)
Article 8Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Delegation to Cabinet Order)
Article 9In addition to what is provided for in Article 2 to the preceding Article of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 69 of June 13, 2014] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date of enforcement of the Administrative Appeal Act (Act No. 68 of 2014).
(Principles of Transitional Measures)
Article 5Prior laws continue to govern appeals filed against dispositions or other acts that administrative agencies have undertaken before the enforcement of this Act, or against inactions by administrative agencies concerning applications that have been filed before the enforcement of this Act, except as otherwise provided for in these Supplementary Provisions.
(Transitional Measures Concerning Actions)
Article 6
(1)Prior laws and regulations continue to govern regarding the filing of an action pursuant to laws before amendment by this Act, for matters for which action may only be filed after a ruling, decision or other action has been made by the administrative agency on an appeal when the appeal has not been filed before the period during which it is to be filed has elapsed before the enforcement of this Act (including when the appeal may not be filed until after a ruling, decision or other act has made by the administrative agency on another appeal, and the period for filing the other appeal has passed before the enforcement of this Act).
(2)Prior laws continue to govern the filing of an action for revocation of a dispositions and other acts against which an objection has been filed pursuant to laws before amendment under this Act (including cases when prior laws continue to govern pursuant to the preceding Article) if it is able to file an action for revocation against that act only after a ruling is rendered on an application for an examination, pursuant to the provisions of laws after amendment by this Act.
(3)Prior laws continue to govern the filing of an action for revocation of a ruling, decision or other action by the administrative agency in response to an appeal, if that action has been filed before the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 9Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and to acts committed after the enforcement of this Act that continue to be governed by prior laws, pursuant to the provisions of Article 5 and the preceding two Articles of the Supplementary Provisions.
(Delegation to Cabinet Order of Other Transitional Measures)
Article 10In addition to what is specified in Article 5 to the preceding Article of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 50 of June 26, 2015] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2016; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in each item:
(i)the provisions of Article 6, Article 8 (limited to the provisions amending Article 3-2, and Article 3-3, paragraph (2) of the Act on Establishment of Agricultural Promotion Regions), Article 9 (limited to the provisions amending Article 4, paragraph (8) of the Act on the Promotion of the Improvement of Basic Conditions of Agriculture, Forestry and Other Business in Hilly and Mountainous Areas), Article 11 (limited to the provisions that add an article after Article 33-17 of the Quarrying Act), and Article 17 (excluding the provisions that delete Article 80 of the Building Standards Act, the provisions that replace Article 80-2 of the same Act with Article 80 of the same Act, the provisions that replaces Article 80-3 of the same Act with Article 80-2 of the same Act, and the provisions amending Article 83 of the same Act), and the provisions of Article 4 and Articles 6 to 8 of the Supplementary Provisions: the date of promulgation.
(Transitional Measures Concerning Dispositions, Applications)
Article 6
(1)An act such as permission and other dispositions that has been undertaken pursuant to respective laws before amendment by this Act (referred to below as "act of disposition, etc." in this paragraph) before the enforcement of this Act (or the applicable provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and the following Article) or an act such as the application for permission, etc. that is currently being undertaken pursuant to respective laws before amendment by this Act (referred to below as "act of application, etc." in this paragraph) at the time of enforcement of this Act are deemed to be an act of disposition, etc. or an act of application, etc. undertaken pursuant to the corresponding provisions of respective laws after amendment by this Act, for the application of respective laws after amendment by this Act on and after the date of enforcement of this Act, if the person who is to undertake administrative affairs for that act is different on date of enforcement of this Act, except as otherwise stipulated in the provisions of Article 2 to the preceding Article of the Supplementary Provisions or the provisions of Cabinet order as provided for in Article 8 of the Supplementary Provisions.
(2)(2) When there are matters for which a report, notification, submission or other procedure must be made to a State or local government organ before the enforcement of this Act, pursuant to the provisions of respective laws before amendment by this Act, and for which that procedure has not been made before the date of enforcement of this Act, those matters are deemed to be matters for which a procedure such as a report, notification, submission or other procedure must be made to a State or local government entity pursuant to the corresponding provisions of respective laws after amendment by this Act and for which that procedure has not been undertaken, except as otherwise stipulated in the provisions of Article 2 to the preceding Article of the Supplementary Provisions, the provisions of respective laws amended by this Act apply, or the provisions of Cabinet Order, as provided for in Article 8 of the Supplementary Provisions.
(Transitional Measures Concerning Penal Provisions)
Article 7Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Delegation to Cabinet Order)
Article 8In addition to what is provided for in Article 2 to the preceding Article of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 63 of September 4, 2015] [Extract]
(Effective Date)
Article 1This Act comes into effect on April 1, 2016; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in each item:
(i)the provisions of Article 28, Article 29, paragraphs (1) and (3), Article 30 to 40, Article 47 (limited to the parts concerning the officers of prefectural agricultural councils and the National Chamber of Agriculture), Article 50, Article 109, Article 115 of the Supplementary Provisions: the date on which this Act is promulgated (referred to below as the "date of promulgation").
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 41
(1)The application for permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1) of the Cropland Act before amendment under Article 3 (referred to below as the "former Cropland Act" in this Article and the following Article) that has been actually filed by the time of enforcement of this Act is deemed to be an application for permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1) of the Cropland Act after amendment under Article 3 (referred to below as the "new Cropland Act").
(2)In the case referred to in the preceding paragraph, if the prefectural agricultural council has not stated its opinions pursuant to the provisions of Article 4, paragraph (3) of the former Cropland Act (including as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (3) of the former Cropland Act) and if the application referred to in the preceding paragraph concerns either the act of converting cropland (meaning land used for cultivation; the same applies below) with an area of 30 ares to land other than cropland for the same business or to the act of acquiring rights stated in the main clause of Article 3, paragraph (1) of the new Cropland Act for that land to convert cropland to land other than cropland or grazed meadow land (land other than cropland used primarily for mowing or livestock grazing for business related to cultivation or livestock farming; below the same applies in this paragraph) to land other than grazed meadow land (excluding cropland) when those rights are acquired for cropland with an area of 30 ares or together with grazed meadow land therefor that business, then the prefectural governor must hear the opinions of the prefectural agency provided for in Article 43, paragraph (1) of the new Agricultural Commission Act (referred to below as the "prefectural agency"); provided, however, that this does not apply if no designation has been made by the prefectural governor under the provisions of Article 42, paragraph (1) of the new Agricultural Commission Act.
(3)The opinions stated by the prefectural agricultural council before the effective date pursuant to the provisions of Article 4, paragraph (6) of the former Cropland Act or Article 4, paragraph (3) of the former Cropland Act as applied mutatis mutandis pursuant to Article 5, paragraph (5) are deemed to be the opinions stated by the agricultural commission pursuant to the provisions of Article 4, paragraph (9) of the new Cropland Act (including as applied mutatis mutandis pursuant to the provisions of Article 5, paragraph (5) of the new Cropland Act).
Article 42The opinions stated by the prefectural agricultural council before the effective date pursuant to the provisions of Article 18, paragraph (3) or Article 39, paragraph (4) of the former Cropland Act are deemed to be the opinions stated by the prefectural agency pursuant to provisions of Article 18, paragraph (3) or Article 39, paragraph (4) of the new Cropland Act.
(Promotion and Review of Autonomous Efforts)
Article 51
(1)The government is to ensure that the public thoroughly understands the aims and details of the reforms of the systems concerning agricultural cooperatives and agricultural commissions under this Act, encourage the members, officers, and staff members of the cooperatives to have in-depth discussions on the shape of the business and organization of the cooperatives, and urge business-minded farmers and other persons concerned to have thorough discussions on the promotion of optimal use of cropland, etc. (meaning the promotion of optimal use of cropland, etc. provided for in Article 6, paragraph (2) of the new Agricultural Commission Act; the same applies in the following paragraph), thereby raising the awareness of these persons concerned and promoting autonomous efforts in line with the aims of the reforms.
(2)The government is to, with a target of five years after the enforcement of this Act consider the status of implementation of the reforms concerning the business and organization of cooperatives and Norinchukin Bank (referred to as the "status of implementation of the reforms" in the following paragraph), the status of the promotion of optimization of the use of cropland, etc., and the status of implementation of the provisions amended by this Act, review the systems concerning agricultural cooperatives and agricultural commissions, and take any necessary measures based on the results of that review, if it is found necessary.
(3)The government is to conduct a survey on the status of use of the business of cooperatives by full partners (meaning partners under the provisions of Article 12, paragraph (1), item (i) of the new Agricultural Cooperatives Act, or members under the provisions of paragraph (2), item (i) of that Article) and associate partners, and the status of implementation of the reforms, regarding ideal regulations on the use of the business of cooperatives by associate partners (meaning associate partners as prescribed in the proviso to Article 16, paragraph (1) of the new Agricultural Cooperatives Act; the same applies below in this paragraph), until the day on which five years have elapsed from the effective date, and reach a conclusion based on the survey results.
(Transitional Measures Concerning Penal Provisions)
Article 114Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act, and prior laws continue to govern acts committed after the enforcement of this Act, pursuant to these Supplementary Provisions, and those acts that are to continue to be effective pursuant to these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 115Beyond what is specified in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 45 of June 2, 2017]
This Act comes into effect on the date of enforcement of the Civil Law Amendment Act; provided, however, that the provisions of Article 103-2, Article 103-3, Article 267-2, Articles 267-3 and 362 come into effect on the date of promulgation.
Supplementary Provisions [Act No. 48 of June 2, 2017] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two months from the date of promulgation.
Supplementary Provisions [Act No. 23 of May 18, 2018] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions of the following Article come into effect on the date of promulgation.
(Delegation to Cabinet Order)
Article 2Any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 3The government is to, with a target of five years after the enforcement of this Act, consider the status of enforcement of the Act on Reinforcement of the Agricultural Management Framework, the Cropland Act, and the Act on Establishment of Agricultural Promotion Regions amended by this Act and, if it is found to be necessary, review the provisions of these laws, and take any necessary measures based on the results of that review.
Supplementary Provisions [Act No. 12 of May 24, 2019] [Extract]
(Effective Date)
Article 1
(1)This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the date specified respectively in those items:
(i)the provisions of Article 9 of the Supplementary Provisions: the date of promulgation;
(ii)the provisions in Article 1 to amend Article 2, paragraph (2) of the Act on Promotion of the Cropland Intermediary Management Program by adding one item and amending paragraph (3) of that Article (excluding the part concerning item (ii) of that paragraph); the provisions in Article 2 to amend the Table of Contents of the Act on Reinforcement of the Agricultural Management Framework, the provisions to amend Articles 4 through 7 of the same Act, the provisions to delete Chapter II, Section 3 of the same Act, the provisions to amend Article 12, paragraph (1) and Article 13, paragraph (2) of the same Act, the provisions to add one Article after that Article, the provisions to amend Article 14-6, paragraph (1), item (ii), Article 15, paragraph (2) and Article 16 of the same Act, the provisions to amend Article 18 of the same Act (excluding the part in paragraph (2) of that Article to delete item (vii) and replace item (viii) with item (vii)) and the provisions to amend Article 23, paragraph (10) and Article 33 of the same Act; the provisions in Article 3 to amend Article 2, paragraph (3), item (ii) of the Cropland Act, the provisions to amend Article 3 of the same Act (excluding the part in paragraph (1), item (vii) - 2 of that Article and the part in that Article to delete paragraph (6) and replace paragraph (7) with paragraph (6)), the provisions to amend Article 4, paragraph (1), item (iii) and Article 5, paragraph (1), item (ii) of the same Act, the provisions to amend the proviso to Article 17 of the same Act (limited to the part amending "Article 4, paragraph (4), item (i)" to "Article 4, paragraph (3), item (i)"), the provisions to amend Article 35 of the same Act (including the heading) and the provisions to amend Article 36, paragraph (1), item (ii), Article 46, paragraph (1) and Article 63, paragraph (1), item (xiv) of the same Act; the provisions in Article 4 to amend Article 15-2, paragraph (1), item (v) of the Act on Establishment of Agricultural Promotion Regions and the provisions of Articles 3 through 5 of the Supplementary Provisions; the 1947 1952 229.
(Transitional Measures Concerning Restrictions on Cropland Conversion)
Article 7
(1)Prior laws continue to govern the disposition of permission or non-permission for an application for permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1) of the Cropland Act before amendment under the provisions of Article 3 (referred to as the "former Cropland Act" in the following paragraph) that was filed before the enforcement of this Act, and for which a decision on whether or not to grant permission has yet to be made at the time of enforcement of this Act.
(2)Permission granted before the enforcement of this Act pursuant to the provisions of Article 4, paragraph (1) or Article 5, paragraph (1) of the former Cropland Act (including permission granted in accordance with prior laws pursuant to the provisions of the preceding paragraph after the enforcement of this Act) is deemed to be permission granted pursuant to the provisions of Article 4, paragraph (1), or Article 5, paragraph (1) of the new Cropland Act.
(Transitional Measures Concerning Penal Provisions)
Article 8Prior laws continue to govern, regarding the application of penal provisions to any acts committed before the enforcement of this Act (or the applicable provisions stated in Article 1, item (ii) of the Supplementary Provisions).
(Delegation to Cabinet Order)
Article 9In addition to what is provided for in Article 2 through the preceding Article, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 10The government is to, with a target of five years after the enforcement of this Act take into consideration the status of enforcement of the Act on Promotion of the Cropland Intermediary Management Program, the Act on Reinforcement of the Agricultural Management Framework, the Cropland Act, and the Act on Establishment of Agricultural Promotion Regions amended by this Act, and review the provisions of these laws, and take any necessary measures based on the results of that review, if it is found necessary.
Supplementary Provisions [Act No. 24 of April 28, 2021] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
(Transitional Measures Accompanying the Partial Amendment of the Cropland Act)
Article 18With respect to the application of the provisions of Article 3, paragraph (1) of the Cropland Act as amended by the provisions of the preceding Article, when an administrator of inherited property is appointed pursuant to the provisions of Article 952, paragraph (1) under the former Civil Codes before the effective date, the term "Article 958-2 under the same Act" in item (xii) of that paragraph is deemed to be replaced with "Article 958-3 under the Civil Codes before amendment by the provisions of Article 1 of the Act for Partially Amending the Civil Codes and Related Acts (Act No. 24 of 2021) if the provisions then in force remain applicable pursuant to the provisions of Article 4, paragraph (5) of the Supplementary Provisions of that Act."
Supplementary Provisions [Act No. 53 of May 27, 2022] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions of Article 9 of the Supplementary Provisions come into effect on the date of promulgation.
(Delegation to Cabinet Order)
Article 9In addition to what is provided for in Article 5 of the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 56 of May 27, 2022] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Article 28 of the Supplementary Provisions come into effect on the date of promulgation.
(Transitional Measures Concerning Measures for Idle Cropland)
Article 12
(1)The provisions of Article 32, paragraph (3) of the Cropland Act as amended under Article 5 (referred to as the "new Cropland Act" in the following paragraph) apply to public notices issued on or after the effective date, and prior laws continue to govern public notices issued before the effective date, and notices, applications for rulings, and other acts under Article 41 of the Cropland Act concerning those public notices.
(2)The provisions of Article 39, paragraph (3) of the new Cropland Act apply to rulings concerning recommendations under the provisions of Article 36, paragraph (1) of the Cropland Act that are made on or after the effective date, and prior laws and regulations continue to govern rulings concerning recommendations under that paragraph that have been made before the effective date.
(Transitional Measures Concerning Penal Provisions)
Article 14Prior laws continue to govern the application of penal provisions to conduct engaged in before this Act comes into effect, and to conduct engaged in after this Act comes into effect for which prior laws are to continue to govern pursuant to these Supplementary Provisions.
(Review)
Article 15The government is, with a target of five years after the enforcement of this Act, to take into account the status of enforcement of the respective Acts amended by this Act, review the provisions of these Acts, and take any necessary measures based on the results of the review, if it is found necessary.
(Delegation to Cabinet Order)
Article 28In addition to what is provided for in these Supplementary Provisions, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 68 of June 17, 2022] [Extract]
(Effective Date)
(1)This Act comes into effect on the date on which the Act Partially Amending the Penal Code and Other Acts come into effect; provided, however, that the provisions stated in the following items come into effect on the dates prescribed respectively in those items:
(i)the provisions of Article 509: the date of promulgation.
Supplementary Provisions [Act No. 62 of June 21, 2024] [Extract]
(Enforcement Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Article 6 of the Supplementary Provisions come into effect on the date of promulgation.
(Transitional Measures Concerning Corporations Eligible to Own Cropland)
Article 4If a corporation eligible to own cropland as provided in Article 2, paragraph (3) of the Cropland Act before amendment under Article 2, the aggregate voting rights of shareholders who fall under the persons listed in item (ii), sub-items (a) through (h) of that paragraph actually at the time of the enforcement of this Act do not account for the majority of the voting rights of all shareholders of the shares of a class of shares at a general meeting of a class shareholders constituted by the class shareholders for which provisions have been made on the matters stated in Article 108, paragraph (1), item (viii) of the Companies Act (Act No. 86 of 2005) (referred to below as "aggregate voting rights at the general meeting of class shareholders" in this Article), the provisions of Article 2, paragraph (3), item (ii) after the amendment of the Cropland Act under Article 2 (limited to the part concerning the aggregate voting rights at the general meeting of class shareholders) do not apply to that corporation , until the day on which one year has elapsed from the effective date.
(Transitional Measures Concerning the Special Provisions of the Cropland Act)
Article 5The provisions of Article 22-7 of the Act on Reinforcement of the Agricultural Management Framework amended under Article 3 apply to cropland on which the agricultural commission has issued a notice under Article 36, paragraph (2) and Article 41, paragraph (1) of the Cropland Act after the effective date.
(Delegation to Cabinet Order)
Article 6In addition to what is provided for in Article 2 through the preceding Article, any transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 7The government is to, with a target of five years after the enforcement of this Act, take into account the status of enforcement of the respective Acts amended by this Act, review the provisions of these Acts, and take any necessary measures based on the results of that review if it is found necessary.