1.4. Development and Administration of Ports and Harbors

In Japan, the maintenance and administration of ports and harbors is governed mainly by the Port and Harbor Law, the Law Concerning Dissolution of Port Development Authorities and Succession of Their Functions, and the Emergency Measures Law for Port and Harbor Development. In addition, activities carried out in ports and harbors must adhere to the following laws:

The Port and Harbor Law outlines the following major roles for the national government (Ministry of Land, Infrastructure and Transport) and the port management bodies:

Central Government's Role in Port Management

	Policy formulation for the development and administration of nationwide ports and harbors
	Establishment of necessary laws and regulations
	Providing advice and guidance on port administration and operation to port management bodies
	Authorizing development plans for major ports
	Financial assistance for port management bodies in relation to port construction projects
	Implementation of port construction projects (projects under the direct control of the central government)
	Improvement and maintenance of shipping channels outside the port area
	Establishment of technological standards for planning, design, and construction of ports and harbors
	Surveys and research concerning port technology

Major Roles of Port Management Bodies

	Formulation of port development/management plan
	Construction and maintenance of port facilities
	Permission for and restrictions on facility use in port management districts (marine districts, land districts)
	Leasing and management of port facilities
	Setting and collecting fees for use of port facilities
	Establishing conditions for providing port services
	Land reclamation in harbor districts
	Environmental protection in ports and harbors
	Statistics collection for ports and harbors
	Marketing and promotion of ports and harbors

Quarantine inspection

At present, the majority of port management bodies are comprised of local governments or municipal governments.

Types of Ports and Harbors and Port Management Bodies (As of April 2001)

Notes :

Specially designated major ports: Especially significant major ports that serve as a base for the international marine transport network Major ports: Ports that serve as bases for the international marine transport network or the domestic transport network, as well as other ports that are significantly related to the interests of the nation Local ports: All ports not classified as major or specifically designated Harbors of refuge: The main purpose of these harbors is to allow small vessels to anchor during heavy windstorms or rainstorms. Established by government decree, they are not intended for the loading and unloading of cargo or passengers. Article 56 Ports: These ports have been decreed by the prefectural governor as marine districts without any district boundaries, in order to ensure the absolute minimum necessary regulation, and have been set aside for use as ports in the future.

Port management bodies provide for unified administration of Japan's ports. Development and maintenance, however, is performed by three different bodies depending on the characteristics of facilities.

In Japan, public use facilities are most common. Depending on the port's importance and nature, it may be deemed necessary for the central government itself to develop the facilities (national government projects). The share of maintenance expenses borne by the national government differs accordingly.

Port maintenance by local port terminal corporations is implemented according to a formula under which a portion of the operating fees is paid by leasing wharves. The central government and port management bodies support local port terminal corporations through interest-free loans to these development corporations and partial public provision of facilities. There are plans to reduce the local port terminal corporations' wharf lease fees through such support.

Furthermore, in order to promote the systematic development of port facilities, the port management bodies of certain major ports set forth policies for port planning. The national government also draws up five-year plans for implementation goals for the development of port facilities nationwide.

In March 2000, the Port and Harbor Law was revised in order to raise the international competitiveness of Japan's ports and provide more detailed policies for environmental protection. The revision also involved a reassessment of the national government's share of maintenance expenses in order to develop the facilities that are most vital to the nation and to specific regions in an efficient and focused manner.