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Laws of the Republic of Korea |
Wholly Amended by Act No. 4359, Mar. 8, 1991
Amended by Act No. 4925, Jan. 5, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5809, Feb. 5, 1999
Act No. 5915, Feb. 8, 1999
Act No. 5916, Feb. 8, 1999
Act No. 6775, Dec. 11, 2002
Act No. 8379, Apr. 11, 2007
Act No. 8380, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9734, May. 27, 2009
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to maintain the safety and public order of shipping traffic within the boundaries of an open port.
Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows:
1. The term "open port" means a port in which ships of Korean and foreign
nationality may enter and leave at all times;
2. The term "miscellaneous ships" means a vessel falling under any of the
following items:
(a) barges;
(b) small boats;
(c) ships of which the gross tonnage is less than 20 tons;
(d) ships which are operated only by oars and poles
(e) ships which
are operated mainly by oars and poles; and
(f) other similar ships;
3. The term "anchoring" means that a ship, while at sea, casts anchor on the sea
bottom and momentarily aborts operations;
4. The term "anchorage " means a place where a ship may be anchored;
5. The term "stoppage" means that a ship temporarily ceases operation at sea;
6. The term "mooring" means to moor a ship to other facilities;
7. The term "fairway " means a waterway used as a passage through which ships
enter and leave a port;
8. The term "dangerous materials" means substances which cause a risk of fire or
explosion or can be injurious to the human body
or the marine environment and
which are prescribed by the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs, provided
that this shall not apply to materials used on a ship;
and
9. The term "person in charge of dangerous materials" means the captain of a ship
carrying such dangerous materials and the person
handling them on the port.
Article 3 (Open Port)
The open port and its boundaries shall be determined by Presidential Decree.
Article 4 (Designated Port)
The provisions of this Act shall also be applicable to designated ports, (referring to
a port other than an open port, which is
particularly designated by Presidential
Decree for the purpose of safety and public order in vessel traffic within port
boundaries).
CHAPTER II VESSEL'S ARRIVAL, DEPARTURE, AND
ANCHORING AT PORT
Article 5 (Arrival and Departure Reports)
Any ship which arrives at or departs from the boundaries of an open port shall
report said fact to the Administrator of the relevant
regional maritime affairs and
port office, (including the head of a branch office under the control of the said
Administrator;
hereinafter referred to as the " Administrator of a regional maritime
affairs and port office"), in accordance with Presidential
Decree, provided that in
time of war or other such incidents, or under a similar state of national emergency,
or where required
for national security purposes, it shall obtain the permission of
the Administrator of a regional maritime affairs and port office
in accordance with
Presidential Decree.
Article 6 (Anchoring Place, etc.)
(1) Any ship which comes to anchor within the boundaries of an open port,
(excluding miscellaneous ships), shall anchor in such
an anchoring zone or place as
determined by the Administrator of the competent regional maritime affairs and
port office through
public notification in accordance with the types, tonnage, or
draft of ships or kinds of cargo on board, provided that the same
shall not apply in
such a case where anchoring at a place other than the anchorage zone or place may
be inevitable for the purposes
of avoiding a marine accident or where there exists
any other unavoidable reason.
(2) No miscellaneous ship shall be anchored or stopped at a place where it might
obstruct the navigation of other ships.
(3) The captain of a ship that has moved under the provision of paragraph (1), shall
immediately report said fact to the Administrator
of a regional maritime affairs and
fisheries office.
Article 7 (Repair and laying up)
(1) Any person who desires to repair such ships as set forth in the following
subparagraphs by means of welding, etc. which applies
flame or heating, within the
boundaries of an open port, shall obtain the permission of the Administrator of the
competent regional
maritime affairs and port office under the conditions as
prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime
Affairs: as regards a ship as referred to in subparagraph 2, the same shall be limited
to such cases as where repair work is carried
out in the engine room, fuel tank, or
any other dangerous area within the ship as determined by the Ordinance of the
Ministry of
Land, Transport, and Maritime Affairs:
1. Ships loaded with dangerous materials; or
2. Ships with a gross tonnage upward of 20 tons(?).
(2) Any person who desires to repair a ship with a gross tonnage upward of 20
tons
by means of welding, etc. which applies flame and heating outside a dangerous
area as referred to in the proviso of paragraph
(1) shall report to the Administrator
of the competent regional maritime affairs and port office thereupon, under the
conditions
as prescribed by the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs.
(3) Any person who desires to lay up a ship with a gross tonnage upward of 20 tons
shall report said fact to the Administrator of
the regional maritime affairs and port
office under the conditions as prescribed by the Ordinance of the Ministry of Land,
Transport,
and Maritime Affairs.
(4) Any person who desires to repair or lay up a ship under paragraphs (1) through
(3) shall anchor or lay up the ship at a place
designated by the Administrator of the
regional maritime affairs and port office.
(5) If it is deemed necessary for the safety of a ship under repair or lay up, the
Administrator of a regional maritime affairs
and port office may order the owner or
hirer of the ship to increase the crew number as necessary for maintaining safety.
Article 8 Deleted.
(1) Where it is deemed necessary for the efficient operation of an open port, the
Administrator of a regional maritime affairs and
port office may order a ship within
the boundaries of the open port to move to another place inside or outside the port
boundaries.
(2) In time of war or other such incidents, or under a similar state of national
emergency, or where it is required for national
security purposes, the Administrator
of a regional maritime affairs and port office may order the ship to move into
another open
port.
Article 10 (Delegation of Provisions Concerning Restrictions on Anchorage,
etc.)
Matters other than those prescribed in this Act, necessary for the area or site where
anchoring or stopping of ships is banned,
or anchoring methods, within the
boundaries of an open port, shall be determined by Presidential Decree.
CHAPTER III SEA ROUTES AND NAVIGATION
Article 11 (Fairways, etc.)
(1) Any ship other than miscellaneous ships that enter or leave the boundaries of an
open port, or pass through an open port, shall
navigate along the fairway as
determined by the Administrator of a regional maritime affairs and port office
through public notification,
provided that the same shall not apply in such a case as
where navigation along a route other than the foregoing fairway may be
inevitable
for the purposes of avoiding a marine accident or where there exists any other
unavoidable reason.
(2) Where required, particularly for securing the safety of ships entering and
leaving the boundaries of an open port, the Administrator
of a regional maritime
affairs and port office may designate a waterway beyond the boundaries as a
fairway and notify the public
thereof.
Article 12 (Prohibition of Anchorage, etc. in Sea Routes)
(1) Except as provided in any of the following subparagraphs, no ship
shall be
anchored or stopped on a fairway and no ship being towed shall be left on a
fairway:
1. When the ship seeks to avoid marine accidents;
2. When the ship is out of control due to a breakdown or any other reasons;
3. When the ship is engaged in saving life or rescuing a ship in danger; and
4. When the ship is engaged in any work or any operation with the permission of
the Administrator of a regional maritime affairs
and port office as stipulated
under Article 33.
(2) Where a ship is to anchor or stop on a fairway for reasons falling under
paragraph (1) 1 through 3, such fact shall be reported
to the Administrator of the
regional maritime affairs and port office. In this case, the ship falling under
subparagraph 2 of the
same paragraph shall display such a sign as provided in
Article 46 of the Sea Traffic Safety Act.
Article 13 (Navigation)
(1) Any ship which enters a fairway from the outside of the fairway, or leaves on a
fairway, is required not to impede the passage
of another ship underway along the
fairway.
(2) No ships shall navigate in parallel on a fairway.
(3) Where there is any risk of collision with another ship on a fairway, each
ship
shall navigate in the right side of fairway.
(4) No ship shall overtake another ship on a fairway.
(5) No ship navigating on a fairway shall impede the passage of another ship
loading dangerous materials, or a ship restricted in her ability to manoeuvre due to
her draft, as prescribed in subparagraph 9
of Article 2 of the Sea Traffic Safety Act.
(6) The Administrator of a regional maritime affairs and port office may, if deemed
specially necessary for the safety of maritime traffic, separately determine and
announce matters concerning navigation order,
etc. other than those referred to in
paragraphs (1) through (5). In this case, all ships shall navigate in conformity to
such determinations.
Article 14 (Shunting)
Any power-driven ship which enters a port but might collide with a ship leaving
the port, at or near the entrance of the breakwater,
shall avoid the course of the ship
leaving the port at a point outside the breakwater.
Article 15 (Restriction on Speed, etc.)
(1) Any ship which is in or near the boundaries of an open port shall navigate at
such a speed so as not to endanger other ships.
(2) Any sailing ship within the boundaries of an open port shall navigate with its
sails minimized or shall be towed by a tugboat.
(3) The Chief of a maritime police station may request the Administrator of a
regional maritime affairs and port office having jurisdiction
over an open port in
which the high-speed navigation of any ship is deemed to be likely to inflict
considerable damage on other
ships to designate a maximum navigation speed of
ships within the boundaries of said open port.
(4) Where the Administrator of a regional maritime affairs and port office receives
a request under paragraph (3), he/she shall
designate and announce a maximum
navigation speed within port boundaries unless there exists any special reason not
to do so. In
this case, ships shall be navigated within the scope of the announced
maximum navigation speed.
Article 16 (Navigation in the Vicinity of the Breakwater, Wharf, etc.)
If a ship sails within the boundaries of an open port with
its starboard facing a
breakwater, wharf, part of land extending out to sea, projected part of any structure,
such as a pier, etc.,
or any other ship lying at anchor, (hereinafter referred to in this
Article as the "breakwater, etc."), it shall pass close by the
breakwater, etc.;
whereas if a ship sails with its port side facing the breakwater, etc., it shall pass at a
distance from the
breakwater, etc.
Article 17 (Shunting of Miscellaneous Ships, etc.)
(1) No miscellaneous ship within the boundaries of an open port shall interfere
with the course of power-driven ships and sailing ships.
(2) No tugboat, water supply boat, bunker supply ship, or ferryboats within
the
boundaries of an open port, and no ship which is engaged in any work or
operations, shall interfere with the course of other
ships.
Article 18 (Navigation Method of Tugboat)
When a tugboat is towing another ship within the boundaries of an open port, it
shall take the ship in tow in such a manner as determined
by the Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
Article 19 (Distance Between Navigating Ships)
Where two or more ships sail within the boundaries of an open port, they shall
maintain a reasonable distance from one another,
one which is far enough to
prevent any collision.
CHAPTER IV DANGEROUS MATERIALS
Article 20 (Conveyance of Dangerous Materials into Port Boundaries)
(1) A person who intends to convey dangerous materials into
the boundaries of an
open port shall report said fact to the Administrator of a regional maritime affairs
and port office before
entering such boundaries, pursuant to the Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
(2) Where the Administrator
of a regional maritime affairs and port office receives
a report under paragraph (1), he/she may restrict categories and quantities
of
conveyed dangerous materials or give orders to take measures necessary for safety,
pursuant to the Ordinance of the Ministry
of Land, Transport, and Maritime Affairs
in consideration of safety, pollution prevention, and storage capacity of an open
port.
Article 21 (Anchorage, etc. of Ships Loaded with Dangerous Materials)
No ship loaded with dangerous materials shall anchor or stop
at a place other than
that designated by the Administrator of a regional maritime affairs and port office.
Article 22 (Loading or Unloading of Dangerous Materials)
(1) A person who intends to load or unload dangerous materials on or from
a ship
within the boundaries of an open port shall establish a safety management plan and
obtain the approval of the Administrator
of a regional maritime affairs and port
office. Where he/she intends to modify matters as prescribed by Presidential
Decree among
approved matters, the same shall apply.
(2) The Administrator of a regional maritime affairs and port office may, if deemed
necessary
for the safety of a port, give orders to modify a safety management plan
as prescribed in paragraph (1).
(3) Where the Administrator of a regional maritime affairs and port office deems it
improper to load or unload dangerous materials
within port boundaries for reasons
due to adverse weather conditions, etc., he/she may, pursuant to the Ordinance of
the Ministry
of Land, Transport, and Maritime Affairs, have a person who obtains
approval under paragraph (1) prohibit or suspend such loading
or unloading or
ensure the loading or unloading in a designated place outside the port boundaries.
(4) A ship on or from which
dangerous materials are loaded or unloaded in a
designated place outside port boundaries pursuant to paragraph (3) shall be deemed
to be within said port boundaries.
Article 23 (Safety Measures, etc. for the Handling of Dangerous Materials)
(1) Any person who handles dangerous materials within
the boundaries of an open
port shall take any and all measures necessary for safety, such as the provision of
fire-fighting equipment,
the disposition of safety supervisors, etc., as determined
by the Ordinance of the Ministry of Land, Transport, and Maritime Affairs.
(2) The Administrator of a regional maritime affairs and port office may order a
person who fails to take safety measures as referred
to in paragraph (1) to
strengthen or improve facilities, personnel, equipment, etc.
CHAPTER V PRESERVATION OF WATERWAYS
Article 24 (Prohibition of Disposing of Harmful Substances)
(1) No person shall dispose of waste such as earth and stones, bamboo
and wood,
or fishing gear that may hinder the safe navigation of a ship within the boundaries
of an open port and over a ten-kilometer
distance outside them.
(2) Deleted.
(3) Any person who loads or unloads a ship with objects such as coal, stone, brick,
etc., which may be easily scattered, in or near
the boundaries of an open port, shall
take all measures necessary for preventing any loss of said objects into the sea.
(4) The Administrator of a regional maritime affairs and port office may order a
person who has disposed of waste in contravention
of the provisions of paragraph
(1), or who dropped objects in the water in contravention of the provisions of
paragraph (3), within
the boundaries of an open port, to remove such waste.
Article 25 (Measures to be Taken in Case of Maritime Accidents, etc.)
(1) The captain of a wrecked ship, which might become dangerous
for the
navigation of other ships or the safety of the harbor in or near the boundaries of an
open port, shall immediately take
any measures necessary to prevent any danger to
other ships, such as setting up a navigational aid, etc.
(2) Where the captain
of a wrecked ship as referred to in paragraph (1) is unable to
take such measures as referred to in paragraph (1), he/she may request
the
Administrator of a regional maritime affairs and port office to take necessary
measures.
(3) Where the Administrator of a regional maritime affairs and port office has taken
such measures under paragraph (2), the owner
or hirer of the ship shall pay the
expenses of the measures to said Administrator.
(4) The calculation method and payment procedures for expenses as referred to in
paragraph (3) shall be determined by the Ordinance
of the Ministry of Land,
Transport, and Maritime Affairs.
Article 26 (Removal of Obstacles, etc.)
(1) Where the Administrator of a regional maritime affairs and port office finds any
drifting or sunken articles in or near the
boundaries of an open port which might
prevent ships from navigating or may endanger safe navigation, the Administrator
may order
the owner or possessor of such article/s to remove them.
(2) Where the owner or possessor of the article/s as referred to in paragraph
(1)
fails to fulfill the order issued under paragraph (1), or is unknown, the
Administrator of a regional maritime affairs and
port office may remove the
article/s under the conditions as prescribed by Presidential Decree. In this case, the
expenses for
the removal shall be borne by the owner or possessor of the article/s.
If the owner or possessor is unknown, the Administrator shall
dispose of the
article/s to compensate with the expense for the removal under the conditions as
prescribed by Presidential Decree.
CHAPTER VI LIGHT AND SIGNALS
Article 27 (Restriction on Sounding Whistles, etc.)
No ship shall sound whistle or siren within the boundaries of an open port without
a special reason to do so.
Article 28 (Port Control, etc.)
(1) When a ship enters, leaves, or moves within the boundaries of an open port, it
shall follow such port controls as prescribed
by the Ordinance of the Ministry of
Land, Transport, and Maritime Affairs.
(2) Tugboats, water supply ships, bunker supply ships, and ferryboats which are
within the boundaries of an open port, and ships
which are therein engaged in any
work or operations, shall be equipped with radio apparatus as determined by the
Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
Articles 29 and 30 Deleted.
(1) When a ship equipped with whistles or sirens suffers from a fire within the
boundaries of an open port, it shall sound five
prolonged blasts (lasting for four to
six seconds) as a fire alarm.
(2) The alarm as referred to in paragraph (1) shall be repeated at appropriate
intervals.
Article 32 Deleted.
Article 33 (Permission of Work, etc.)
(1) Any person who seeks to execute any work or operations as prescribed by
Presidential Decree in or near the boundaries of an
open port shall first obtain the
permission of the Administrator of a regional maritime affairs and port office
pursuant to the
Ordinance of the Ministry of Land, Transport, and Maritime
Affairs.
(2) The Administrator of a regional maritime affairs and port office may, upon
granting permission under paragraph (1), order the
person concerned to take any
measures necessary for the safety of ship traffic and the harbor, and the
preservation of cargo.
Article 34 (Boat Race Events, etc.)
(1) Any person who seeks to hold any event, such as a boat race, etc., within the
boundaries of an open port, shall first obtain
the permission of the Administrator of
a regional maritime affairs and port office.
(2) Where the Administrator of a regional maritime affairs and port office grants
permission under paragraph (1), he/she shall inform
the Chief of the maritime
police station concerned thereof.
Article 35 Deleted.
(1) Any person who seeks to conduct any of the following actions regarding
floating matter such as wood which may obstruct the safety
of ship traffic within
the boundaries of an open port shall obtain the permission of the Administrator of a
regional maritime affairs
and port office:
1. To unload the floating matter from a ship on the water surface;
2. To fasten or carry floating matter on water to other facilities, such as ships, etc.;
or
3. To float floating matter on the water surface.
(2) The Administrator of a regional maritime affairs and port office may, upon
granting permission under paragraph (1), order the person concerned to take any
measures necessary for the safety of ship traffic.
Article 37 (Restrictions on Fishing)
No person shall fish, (including the installation of fishing gear, etc.), at a place
within the boundaries of an open port where
ship traffic might be obstructed, or on
a fairway as designated and publicly posted by the Administrator of a regional
maritime
affairs and port office under Article 11 (2).
Article 38 (Restrictions on Light)
(1) No person shall use any strong light which might be obstructive to ship traffic
in or near the boundaries of an open port.
(2) The Administrator of a regional maritime affairs and port office may order any
person using a light as referred to in paragraph
(1) to reduce the intensity of the
light or cover the light with a source of shade.
Article 39 (Restrictions on Ship Traffic)
(1) Where it is deemed necessary for the safety of ship traffic, the Administrator of
a regional maritime affairs and port office
may designate a fairway or zone within
the boundaries of an open port and restrict or prohibit ship traffic therein.
(2) The fairway
or zone, and the period in which marine traffic is restricted or
prohibited pursuant to paragraph (1), shall be determined and shall
be notified to
the public by the Administrator of a regional maritime affairs and port office.
Article 40 (Suspension of Departure from the Port)
Where a ship violates the provisions of this Act or an order issued under this
Act,
the Administrator of a regional maritime affairs and port office may suspend the
departure of the ship from the port.
Article 41 (Inspections and Verification, etc.)
(1) Where the Administrator of a regional maritime affairs and port office deems a
person has violated the provisions of Article
5, 6 (1) and (2), 7, 11 (1), 12, 20, 21,
22 (1) through (3), 23, 26 (1), 28, 33, 34 (1), 36, or 37, the Administrator may have
the owner or captain of the ship or other interested persons attend or state his/her
opinion, or demand that he/she presents related
documents or submits a report, and
may have a public official board the ship concerned and inspect or verify books,
documents,
or other items.
(2) The qualification and scope of duties of the public official concerned as
referred to in paragraph (1) and other necessary matters
shall be determined by
Presidential Decree.
(3) Any person who enters a ship to inspect or verify related documents, etc. under
paragraph (1) shall carry a certificate to indicate
his/her authority and show it to the
interested persons.
Article 42 (Order of Improvement)
Where it is deemed necessary for maintaining order in an open port as a result of
the inspection or verification pursuant to Article
41 (1), the Administrator of a
regional maritime affairs and port office may order the owner or captain of the ship
or other interested
persons the following measures :
1. Reinforcement and substitution of facilities;
2. Suspension of work or operations;
3. Increase of the number of crew;
4. Removal of obstacles;
5. Movement of ships;
6. Restrictions on the number of ships; and
7. Other necessary measures
Article 42-2 (Computer Processing, etc. of Civil Affairs Administration)
The provisions of Article 77 of the Harbor Act shall be
applicable mutatis mutandis
to the computer processing, etc. of the civil affairs administration as prescribed by
this Act.
Article 43 (Fees)
Any person who seeks to obtain permission under this Act shall pay a fee under the
conditions as prescribed by the Ordinance of
the Ministry of Land, Transport, and
Maritime Affairs.
Article 43-2 (Delegation of Authorities)
The Administrator of regional maritime affairs and port office may delegate a part
of his/her authority under this Act to the Special
Metropolitan City Mayor, the
Metropolitan City Mayor, Do governor or Special Self-Do governor under his
control pursuant to the
Presidential Decree.
Article 44 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished
by imprisonment for not more than one year or by
a fine not exceeding ten million
won:
1. Persons who violate the provision of provisory clause of Article 5 or Article 7
(1), 21, or 23 (1); and
2. Persons who violate an order or disposition issued or taken under Article 23 (2),
24 (4), or 40.
Article 45 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished
by a fine not exceeding five million won:
1. Persons who violate the provisions of the main scope of Article 6 (1), Article 7
(4), the main scope of Article 11 (1), Article
12 (1), 22 (1), 24 (3) or 36 (1); and
2. Persons who violate any order or disposition issued or taken under Article 7 (5),
9 (1) and (2), 22 (2) and (3), 36 (2), or 39
(1).
Article 46 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished
by a fine not exceeding three million won:
1. Persons who violate the provisions of the main scope of Article 5, Article 13 (1)
through (5), 24 (1), 33 (1), 34 (1) or 37; and
2. Persons who violate any order or disposition issued or taken under Article 20
(2), 33 (2), 38 (2), or 42.
Article 47 (Joint Penal Provisions)
Where a representative of a corporation or an agent, servant, or other employee of
a corporation or individual commits an offense
as prescribed in Articles 44 through
46 with respect to any business of the corporation or individual, the fine as
prescribed in
respective Articles shall also be imposed on such corporations and
individuals in addition to the punishments for the offender,
provided that ...
.
Article 48 (Fines for Negligence)
(1) Any person who falls under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding two million
won:
1. Persons who fail to make a report as prescribed in Article 6 (3), 7 (2) and (3),
or 20 (1);
2. Persons who violate the provisions of Article 6 (2);
3. Persons who fail to take necessary measures, such as marking, etc., or fail to
submit reports pursuant to the provisions of Article
12 (2) or 25 (1);
4. Persons who violate the provisions of Article 13 (6), 14, 15 (1) and (2) and (4),
16, 17, 18, 19, 27, 28 or 31;
5. Persons who fail to carry out an order to remove obstacles, etc. under the
provisions of Article 26 (1); and
6. Persons who fail to make attendance, provide statements or reports as
prescribed in Article 41 (1), make false report/s, or refuse
or obstruct the
entrance of a public official concerned.
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and
collected by the Administrator of a regional maritime
affairs and port office under
the conditions as prescribed by Presidential Decree.
ADDENDA
This Act shall enter into force three months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 6 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force one year after the date of its
promulgation.
(2) through (5) Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation, provided that the amended provisions of
Articles 20, 22, and 33 (1),
(including the penal provisions which apply to persons who violate the said Articles),
shall enter
into force six months after the date of its promulgation.
(2) (Transitional Measures Concerning Permission of Loading or Unloading)
With
respect to dangerous materials the loading or unloading of which is permitted under
the previous provisions of Article 22
(1) at the time when this Act enters into force,
the previous provisions shall apply.
(3) (Transitional Measures Concerning Penal Provisions) The application of penal
provisions for acts committed before this Act enters
into force shall be subject to the
previous provisions.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its
promulgation.
(2) (Transitional Measures Concerning Penal Provisions) The previous provisions
shall govern the application of penal provisions
for any offence committed prior to
the enforcement of this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM (NATIONAL GOVERNMENT ORGANIZATION ACT)
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, provided that ---
Articles 6 (Amendment of Other Laws and Regulations)
(1) through <629> Omitted.
<630> Some provisions of this Public Order in Open Ports Act shall be amended as
follows.
"The Ordinance of the Ministry of Maritime Affairs and Fisheries" in the main section
of Article 2 (8), Article 7 (3), Article 18
(3), Article 20 (1) and (2), Article 22 (3),
Article 23 (1), Article 25 (4), Article 28 (1) and (2), Article 33 (1), and Article
43 shall
be amended to read "the Ordinance of the Ministry of Land, Transport, and Maritime
Affairs".
"The Administrator of a regional maritime affairs and fisheries office concerned,
(including the head of a branch office under the
control of said Administrator;
hereinafter referred to as the "Administrator of a regional affairs and fisheries
office")", in
the main section of Article 5 shall be amended to read "the Administrator
of a regional maritime affairs and port office concerned,
(including the head of a
branch office under the control of said Administrator; hereinafter referred to as the
"Administrator of
a regional maritime affairs and port office")".
"The Administrator of a regional maritime affairs and fisheries office" in the provision
of Article 5, Article 6 (3), Article 7 (3) through (5), Article 9, Article 11 (2), Article 12
(1) 4, the provision of Article 13
(6), the provision of Article 15 (3) and (4), Article 20
(1) and (2), Article 21, the provision of Article 22 (1) and Article 22
(2) and (3), Article
23 (2), Article 24 (4), Article 25 (2) and (3), the provision of Article 26 (1) and (2),
Article 33 (1) and
(2), Article 34 (1) and (2), Article 36 (1) and (2), Article 37, Article
38 (2), Article 39 (1) and (2), Article 40, Article 41
(1), the provisions other than each
paragraph of Article 42, and Article 48 (2) through (4) shall be amended to read "the
Administrator
of a regional maritime affairs and port office".
"The Administrator of a regional maritime affairs and fisheries office" in the
main
section of Article 6 (1), the provisions other than each paragraph of Article 7 (1) and
Article 7 (2), the main section of
Article 11 (1), and the provision of Article 12 (2)
shall be amended to read "the Administrator of a regional maritime affairs and
port
office".
"The Ordinance of the Ministry of Maritime Affairs and Fisheries" in the provisions
other than each paragraph of Article 7 (1) and
Article 7 (2) shall be amended to read
"the Ordinance of the Ministry of Land, Transport, and Maritime Affairs".
<631> through <760> Omitted.
Articles 7 Omitted.
ADDENDA
This Act shall enter into force on the date of its promulgation.
ADDENDUM (NATIONAL GOVERNMENT ORGANIZATION ACT)
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 8 Omitted.
Articles 6 (Amendment of Other Laws and Regulations)
(1) Omitted.
(2) Some provisions of this Public Order in Open Ports Act shall be amended as
follows.
"Article 77 of the Harbor Act" in the provision of Article 42-2 shall be amended to
read "Article 89 of the Harbor Act".
(3) through (27) Omitted.
Articles 10 Omitted.
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