Comparative analysis of ordinances of Sabo（Erosion Control）designated area management

Mutsuo KAWAI

Abstract

Sabo (Erosion Control) designated areas are designated by the Minister of Land, Infrastructure and Transport pursuant to Article 2 of the Sabo (Erosion Control) Act (Act No. 29 of 1897) for the purpose of erosion control and flood defense. The authority for restriction or prohibition in the said areas pertaining to actions that compromise the purpose of the designation rests principally with prefectural governors pursuant to paragraph 1 of Article 4 of the same Act and restriction or prohibition needs to be provided for in prefectural ordinances pursuant to Article 3 of the Cabinet Order for Enforcement of the Sabo Act (Cabinet Order No. 362 of 1897). In case interests of more than one prefecture are concerned, the same Minister himself can exercise the said authority pursuant to paragraph 2 of the same Article, but there has been no ministerial exercise of the authority up until now. Erosion control is a matter of national interest whether the Minister itself is prepared to exercise the authority or not. In this light a comparative analysis of relevant prefectural ordinances set out in this paper is expected to be an indispensable reference that could attract broad attention.

Key words

Sabo designated area, erosion control, restriction or prohibition, prefectural ordinances