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CHAPTER V MISCELLANEOUS PROVISIONS

CHAPTER V

MISCELLANEOUS  PROVISIONS

Article 49

Surveys

The Director-General of the Environment Agency shall regularly conducts surveys of the conditions of habitation or growth of individuals of species of wild fauna and flora, those of habitats or growing ground and other necessary matters and make use of results of such surveys for the revision or abolition of orders based on this Law, the designation or the nullification of the designation based on this Law and other purposes for just and appropriate implementation of this Law.

Article 50

Personnel  To Be Engaged  in Enforcement

1. The Director-General of the Environment Agency or the Minister of Agriculture, Forestry and Fisheries may delegate Agency or Ministry personnel, of whom those satisfying the requisites prescribed by a Cabinet Order, a part of the authority prescribed by Article 8, Article 11 Paragraph 1 (including the cases where it is applied mutatis mutandis to Paragraph 3 of the same Article), Article 14, Article 18, Article 19 Paragraph 1, Article 35, Article 40 Paragraph 1 or Paragraph 2 or Article 41 Paragraph 1 (only limited to the authority provided for in Article 11 Paragraph 1 applied mutatis mutandis to Paragraph 3 of the same Article, and Article 19 Paragraph 1, as for the Minister of Agriculture, Forestry and Fisheries).

2.     The personnel to execute a part of the authority of the Director-General of the Environment Agency or the Minister of Agriculture, Forestry and Fisheries under the provision of the preceding Paragraph (referred to as "the regulatory officials for the conservation of the endangered species of wild fauna and flora" in the following Paragraph) shall, when they execute the authority delegated, carry the certificates indicating their positions and present them to the parties concerned.

3.     Necessary matters concerning the regulatory officials for the conservation of the endangered species of wild fauna and flora, other than those stipulated in the preceding two Paragraphs, shall be prescribed by a Cabinet Order.

Article 51

Endangered  Species  Conservation  Promoters

1.     The Director-General of the Environment Agency may commission endangered species conservation promoters from among those possessed of eagerness for and discernment over the conservation of the endangered species of wild fauna and flora.

2. The endangered species conservation promoters shall carry out the activities mentioned in the following:

(1) To enlighten the people as for the conditions in which the endangered species of wild fauna and flora are placed and the importance of conserving them.

(2) To carry out surveys of the conditions of habitation and growth as well as habitats and growing ground of individuals of the endangered species of wild fauna and flora.

(3) To give owners or possessors of the individuals, etc. of the endangered species of wild fauna and flora or owners or occupants of land tracts where habitats or growing ground of such species necessary advice in response to their calls for the conservation of the endangered species of wild fauna and flora.

(4) To co-operate, as necessary, with the National Government and local governments for measures for the conservation of the endangered species of wild fauna and flora.

3. The endangered species conservation promoters shall be an honorary position and their term of office shall be three (3) years.

4.    The provisions of Article 9 shall not be applied to the taking etc. conducted by the endangered species conservation promoters for surveys of individuals of the endangered species of wild fauna and flora, of which those prescribed by a Prime Minister's Office Ordinance.

5.    The Director-General of the Environment Agency may, when the endangered species conservation promoters are hindered from fulfilling their duties or they neglect their duties or when they violate the provisions of this Law and commit other disdemeanours unbecoming to the endangered species conservation promoters, dismiss them.

Article 52

Methods  of Payments  of Costs  To Be Encumbered

1.    When the Director-General of the Environment Agency under the provision of Article 40 Paragraph 3 or the Minister of International Trade and Industry under the provision of Article 16 Paragraph 3 is to have the costs encumbered, the Director-General or the Minister shall issue written orders for payments by prescribing an amount of the costs (hereinafter referred to as "the costs to be encumbered" in this Article) and due date as prescribed by a Prime Minister's Office Ordinance and a Ministry of International Trade and Industry Ordinance.

2.    The Director-General of the Environment Agency or the Minister of International Trade and Industry or other Government officials concerned shall, where there are those who have failed to make the payment of the costs to be encumbered by the due date fixed under the preceding Paragraph, shall demand the payment by prescribing the term in a demand note as stipulated by a Prime Minister's Office Ordinance and Ministry of International Trade and Industry Ordinance.

3.    The Director-General of the Environment Agency or the Minister of International Trade and Industry or other Government officials concerned may, when the demand is made under the preceding Paragraph, collect a delinquent charge in an amount calculated per diem by multiplying an amount of the costs to be encumbered by a rate not exceeding fourteen point five percent (14.5%) per annum for a period from the day after the due date under Paragraph 1 to the day the payment is completed or to the day before seizure of property.

4.    The Director-General of the Environment Agency or the Minister of International Trade and Industry or other Government officials concerned may, when those having received the demand under the provision of Paragraph 2 fail to make the payment of the costs to be encumbered and delinquent charges as regard the costs encumbered under the preceding Paragraph (hereinafter referred to as "the delinquent charges" in this Article), collect the costs to be encumbered and delinquent charges following the example of procedures for the collection of delinquency of national taxes. In such a case, priority of lien follows national taxes and local taxes for the costs to be encumbered and delinquent charges.

5.    The delinquent charges precede the costs to be encumbered.

Article 53

Measures  for Local  Governments,  Such As Advice

The National Government shall make efforts to adopt measures, such as advice to local governments so that local governments may execute in smooth manners their measures for the conservation of the endangered species of wild fauna and flora.

Article 54

Special  Treatment  of National  Government,  Etc.

1.  The provisions of Article 8, Article 9, Article 12 Paragraph 1, Article 35, Article 37 Paragraph 4 and Paragraph 10, Article 38 Paragraph 4' Article 39 Paragraph 1, Article 40 Paragraph 1 and Article 41 Paragraphs 1-2 shall not be applied to businesses or programmes conducted by National Government organizations and local governments.

2.  National Government organizations or local governments shall consult in advance with the Director-General of the Environment Agency when they are to conduct the taking etc. of living individuals of the national endangered species of wild fauna and flora in the cases other than the cases mentioned in Article 9 Items 2-3, when to conduct the transfers etc. of individuals etc. of the endangered species of wild fauna and flora in the cases other than the cases mentioned in Article 12 Paragraph 2-7, or when to perform the conducts falling into the categories in which the permission is required under Article 38 Paragraph 4 Item 3, with the exceptions of the cases prescribed by a Prime Minister's Office Ordinance.

3.  When National Government organizations or local governments perform the conducts falling into the category of the cases where they make the notification under the provision of Article 58 Paragraph 8 and may continue the conducts mentioned in each Item of Paragraph 4 of the same Article or when they perform or are to perform the conducts falling into the categories in which the notification is required under the provision of Paragraph 10 of the same Article or Article 39 Paragraph 1, the National Government organizations and local governments shall notify the Director-General of the Environment Agency to that effect following the example of the notification under those provisions, with the exceptions of the cases prescribed by a Prime Minister's Office Ordinance.

Article 55
 

Delegation  of Authority

The authority of the Director-General of the Environment Agency prescribed in this Law may be in part delegated to the governors of prefectures as stipulated by a Cabinet Order.

Article 56

Provisional  Measures

Where orders are to be issued, amended or abolished on the basis of this Law, provisional measures (including provisional measures for penal regulations) may be adopted by orders based on this Law within the limit considered as reasonally necessary for the issuance, amendment or abolition of orders.

Article 57

Mandate  to Prime Minister's Office  Ordinance

Matters necessary for the procedures for implementing this Law and other matters necessary for enforcing this Law, other than the provisions of this Law, shall be prescribed by a Prime Minister's Office Ordinance.
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