Administrative Regulations on the Prevention and Treatment of the Pollution and Damage to the Marine Environment by Marine Engineering Construction Projects (Revised in 2017)

Order of the State Council of the People's Republic of China No.676

March 1, 2017

(Promulgated by the Order of the State Council of the People's Republic of China No. 475 on September 19, 2006; and revised in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017)

Chapter I General Provisions

Article 1 For the purposes of preventing, treating and alleviating the pollution and damage caused to the marine environment by the marine engineering construction projects (hereinafter referred to as the "marine projects"), safeguarding the marine ecological balance and protecting marine resources, these Regulations are formulated in accordance with the Marine Environment Protection Law of the People's Republic of China.

Article 2 These Regulations shall apply to the activities conducted within the sea areas under the jurisdiction of the People's Republic of China for the prevention and treatment of the pollution and damage caused to the marine environment by marine projects.

Article 3 Marine projects herein mean the newly built, rebuilt and expanded projects the main parts of which lie on the coastal line toward the sea for purposes of development, utilization, protection and restoration of marine resources, including but not limited to:
1. sea enclosing and filling projects and marine dyke engineering projects;
2. projects of artificial islands, maritime and submarine storage facilities of materials, cross-sea bridges, and submarine tunnel engineering;
3. projects of submarine pipelines, submarine electric (optical) cable engineering;
4. projects of exploration and development of marine mineral resources and their ancillary works;
5. projects of development and utilization of marine energies including marine tidal power stations, wave power stations, and thermoelectric power stations;
6. projects of large-sized seawater breeding farm and artificial reef;
7.comprehensive utilization projects of seawater from salt fields and seawater desaltification;
8. projects of marine entertainment and sports, and landscape development; and
9. other marine projects as may be specified by the competent state competent administrative authority of marine affairs jointly with the competent environmental protection authority of the State Council.

Article 4 The competent state competent administrative authority of marine affairs shall be responsible for the supervision and administration of the works of environmental protection of marine projects, and shall be subject to the guidance, coordination and supervision of the competent environmental protection authority of the State Council. The competent administrative authority of marine affairs of the People's Government in the coastal areas at county level or above shall be responsible for the supervision and administration of the work of environmental protection of the marine projects located in the sea areas adjacent to the administrative areas under their respective jurisdictions.

Article 5 The location and construction of marine projects shall confirm to the marine function division, the planning on marine environmental protection and the relevant state standards of environmental protection, and shall not affect the quality of environment of the marine function zones or cause damages to the function of the adjacent sea area.

Article 6 The competent state competent administrative authority of marine affairs shall allot the controlled amount of pollutants to be discharged to sea among the marine projects located in the key sea areas pursuant to the state total-volume control indicators of the pollutants to be discharged to sea in the key sea area.

Article 7 Any unit or person shall be entitled to report to the competent administrative authority of marine affairs any illegal activities with respect to the pollution and damage caused to marine environment or the destruction of marine ecology by marine projects.
The competent administrative authority of marine affairs that has received such report shall investigate and handle the reported matters according to law and keep the secrets for the whistle-blowers.

Chapter II Environmental Impact Assessment

Article 8 The state shall adopt the system of environmental impact assessment on marine projects.
The environmental impact assessment concerning marine projects shall conduct the comprehensive analysis, projection and assessment with focus on the impact of the projects on the marine environment and marine resources, and shall put forth the corresponding ecological protection measures for preventing, controlling and alleviating the impact and destruction caused by the projects to the marine environment and marine resources.
The report on environmental impacts of the marine projects shall be prepared according to the technical standards of environmental impact assessment of marine projects and other relevant standards of environmental protection. The preparation of the report on environmental impact shall make use of the materials of investigation and monitoring data that meet the requirements of the competent state competent administrative authority of marine affairs.

Article 9 The report on environmental impact of marine projects shall include the following contents:
1. survey of the projects;
2. the present situation of the environment of the marine area where the project is located and the situation on the development and utilization of the adjacent marine area;
3. the analysis, projection and assessment of the impact that may be caused by the projects on the marine environment and marine resources;
4. the analysis and projection of the impact that may be caused by the project on the functions of the adjacent marine area and to other development and utilization activities;
5. the analysis on the economic loss and gain and on the environment risks of the impact caused by the project to the marine environment;
6. the proposed measures for environmental protection and their economic and technical demonstrations thereof;
7. the situation of public participation; and
8. the conclusion of the environmental impact assessment. If there is a possible destruction to the ecological environment of the coast by the marine projects, the report on environmental impact thereof shall add the analysis and assessment on the impact of the projects to the land ecosystem including the nature preservation zone near the coast.

Article 10 The construction unit of a newly built, rebuilt or expansion projects shall authorize the unit with the relevant qualifications for conducting environmental impact assessment to prepare the report on environmental impact, which shall be reported to the competent administrative authority of marine affairs for examination and approval.
Before the examination and approval of the report on environmental impact of marine projects, the competent administrative authority of marine affairs shall consult with the competent administrative authority of marine affairs and fishery industry and the military environmental protection authority. When necessary, a hearing may be held. In this regard, hearings shall be held for the sea enclosing and filling projects.

Article 11 The report on environmental impact by the following marine projects shall be examined and approved by the competent state administrative authority of marine affairs:
1. projects of the special natures such as those involving national sea rights and interests and national defense security;
2. projects of exploration and development of marine mineral resources and their ancillary works;
3. sea-filling project of more than 50 hectares and sea-enclosing projects of more than 100 hectares;
4. projects of development and utilization of marine energies including marine tidal power stations, wave power stations, and thermoelectric power stations; and
5. other marine projects subject to the approval of the State Council or the relevant departments under the State Council.
The reports on environmental impact with respect to the marine projects beyond the scope set forth in the preceding paragraph shall be examined and approved by the competent administrative authority of marine affairs under the People's Governments at county level or above according to the authority prescribed by the People's Governments of the coastal provinces, autonomous regions, or municipalities directly under the Central Government.
With respect to a marine project that may cause cross-region environmental impact and over the conclusion of the environmental impact assessment of which the relevant competent administrative authorities of marine affairs have disputes, the report on environmental impact of the project shall be examined and approved by the competent administrative authority of marine affairs of a common higher level.

Article 12 The competent administrative authority of marine affairs shall make its decision on whether to grant the approval or not and give a written notice to the construction unit within 60 days of the receipt of the report on environmental impact of the marine project.
If the supplement of materials is required, a notice shall be given to the construction unit, and the term for examination and approval thereof shall be re-calculated from the date of the completion of the supplement of materials.

Article 13 If, after the examination and approval of the report on environmental impact of the marine project, there is any material change to the nature, scale, location, production process, or the measures proposed for environmental protection, the construction unit shall authorize the unit with the relevant qualifications for conducting environmental impact assessment to re-prepare the report on environmental impact, which shall be reported to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for examination and approval. With respect to the marine project the construction of which commences more than 5 years after the date of examination and approval thereof, the report on environmental impact shall, before the commencement of the construction of the project, be reported to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for re-examination and re-approval.

Article 14 The construction unit may select the unit of environmental impact assessment of the marine project through public bidding. No other unit or individual may designate the unit for conducting the environmental impact assessment for the marine project.

Article 15 The relevant unit and the relevant technical personnel engaged in environmental impact assessment of marine projects shall have acquired the relevant qualification and accreditation certificates according to the provisions of the competent environmental protection authority of the State Council.
Before awarding and issuing the qualification certificate for a unit of environmental impact assessment of marine projects, the competent environmental protection authority of the State Council shall solicit the opinions from the competent state administrative authority of marine affairs.

Chapter III Prevention and Treatment of the Pollution of Marine Projects

Article 16 Installations for the environmental protection of a marine project shall be designed, implemented and put into operation together with the main body of the project.

Article 17 In the initial designing of a marine project, the sections and chapters of environmental protection shall be prepared for implementing the environmental protection measures and the investment budget of environmental protection according to the requirements of the designing specifications for environmental protection and the examined and approved report on environmental impacts.

Article 18 The construction unit shall, 30 days before the marine project is put into operations, apply to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for acceptance of the environmental protection facilities. With respect to a marine project under trial operations, an application shall be made to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for acceptance of the environmental protection facilities within 60 working days after the project is put into trial operations.
For a marine project that is built and commissioned by stage, the relevant environmental protection facilities thereof shall be examined and accepted by stage.

Article 19 The competent administrative authority of marine affairs shall complete the acceptance examination within 30 working days of the receipt of the application for acceptance examination of the environmental protection facilities. If the project is found not qualified through acceptance examination, the rectifications thereof shall be completed within the specified time limit.
No marine project may be put into trial operations if any environmental protection facility that requires for complementary constructions has not been accepted or if it is found not qualified through acceptance examination.
The construction unit shall not dismantle or leave idle any environmental protection facility of the marine projects without authorization.

Article 20 If any circumstance is found not in compliance with the examined and approved report on environmental impact in the course of the construction and operation of a marine project, the construction unit shall, within 20 working days of the occurrence of such circumstance, organize the post-assessment of the environmental impact, take measures for improvement according to the conclusion of the post-assessment, and report the conclusion of the post-assessment and the adopted improvement measures to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for recordal. The competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project may also order the construction unit to conduct the post-assessment of environmental impacts thereof and take measures for improvement.

Article 21 The sea enclosing and filling projects shall be taken under strict control. The sea enclosing and filling activities shall be prohibited in the natural spawning fields, breeding grounds, or feeding grounds of economic organisms or the bird habitats.
The filling materials used in the sea enclosing and filling projects shall meet the relevant criteria of environmental protection.

Article 22 The construction of the marine projects shall not cause any corrosion, deposit or damage to the baseline points of the territorial sea or to the adjacent environment thereof or endanger the stability of the baseline points of the territorial sea.
In construction of the project of marine dykes, cross-sea bridge, marine entertainment and sports, and landscape development, effective measures shall be taken for preventing the corrosion or deposit to the coast.

Article 23 The positions of the drainage outlets of an off-shore sewages discharging project shall be in compliance with the marine function division and the planning on marine environmental protection, which shall not impair the functions of the adjacent sea areas.
In no case may the offshore discharge of sewage exceed the criteria of discharge specified by the state or the local authority. For these sea areas that adopt the total volume control on the discharge of the pollutants to the sea, the total-volume control indicators of the discharge of the pollutants to the sea may not be exceeded.

Article 24 The culturist engaged in marine cultivation shall adopt scientific cultivation methods and reduce the pollution of cultivation baits to marine environment. If the cultivation has polluted the marine area or has seriously caused damage to the marine landscape, the culturist concerned shall restore and rectify it.

Article 25 In the course of construction and operation of the projects of exploration and development of solid marine mineral resources, the construction unit shall take effective measures for preventing the pollutants from proliferation in the form of suspension in a wide scope and destroying marine environment.

Article 26 In the activities of exploration and development of marine oil-gas mineral resources, the facilities for separating oil from water, equipment for oil-containing sewage treatment, device for monitoring and control of oil discharge, facilities for recycling residual oil and waste oil, and equipment for garbage pulverization shall be equipped.
The fixed platforms, mobile platforms, floating oil storage device, pipelines for the conveyance of oil and other supporting facilities used in the activities of exploration and development of marine oil-gas mineral resources shall meet the anti-penetration, anti-leakage and anti-corrosion requirements, and shall be subject to the frequent examination by the construction units for prevention of the occurrence of oil leakage incidents. And the marine oil storage facilities and pipelines for the conveyance of oil shall meet the meet the anti-penetration, anti-leakage and anti-corrosion requirements, and shall be subject to the frequent examination for maintenance in good conditions and for prevention of the occurrence of oil leakage incidents.
The fixed and mobile platforms above refer to the well drilling ships, well drilling platforms, oil extraction platforms and other platforms used in the activities of exploration and development of marine oil-gas mineral resources.

Article 27 The exploration and development units of marine oil-gas mineral resources shall lodge the insurance against the civil liabilities for pollution damages.

Article 28 Where the marine explosion operations are needed in the construction of a marine project, the construction units shall make a report thereof to the competent administrative authority of marine affairs before such explosion operations, and the competent administrative authority of marine affairs shall immediately notify the same to the relevant departments such as the marine affairs department and the fishery departments.
When conducting marine explosion operations, clear signs and signals shall be set up and effective measures shall be adopted for the protection of marine resources. In case of explosion operations with powder in important fishery water areas or in case of other operations that may cause damages to the fishery resources, such operations shall be conducted in the period other than the spawning period of the economic fish and shrimp.

Article 29 If the marine project is to be dismantled or changed to other use, a report thereof shall be made to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for approval. In case of any possible material environmental impact that may take place after the marine project is dismantled or changed to other use, the environmental impact assessment thereof shall be conducted.
For a marine project that is to be discarded in sea, the part that may cause the pollution and damage to the marine environment or that may affect the development and utilization of the marine resources shall be dismantled, which shall be conducted according to the relevant provisions on the administration of the dumping of waste materials.
In dismantling a marine project, the construction unit shall prepare the scheme for the environmental protection of the dismantlement, and take necessary measures for preventing the pollution and damage to the marine environment.

Chapter IV Administration of Discharge of Pollutants

Article 30 The disposal of the pollutants produced in the exploration and development activities of marine oil and gas mineral resources shall abide by the following provisions:
1. no sewage containing oil may be dumped into the sea directly or after being diluted, which may be dumped only after having met the relevant state standards on discharge through disposal;
2. no plastic products, residual oil, waste oil, oil-based mud, garbage containing oil and other poisonous and harmful residual liquid and dregs may be discharged directly or discarded to sea, which, however, may be collected and stored in special containers and carried back to land for disposal.

Article 31 The addition of any oil to the water-based mud is under strictly control, and if required, the addition thereof shall be recorded and the varieties and volume of the additive oil shall be reported to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project. The water-based mud and drill solids whose oil content is beyond the state criteria shall be prohibited from discharge to the sea area.

Article 32 The construction unit shall, after the trial operations or normal operations of the marine project, truthfully record the operation situation of the facilities of pollutant discharge and the disposal equipments as well as the discharge and disposal situations of the pollutants, and shall regularly report the same to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project.

Article 33 The competent administrative authority of marine affairs under the People's Government at county level or above shall check and ratify the variety and volume of the pollutants to be discharged by the marine projects according to its own authority, and shall determine the amount of sewage-discharge fee payable by the discharger according to the charge criteria provided for by the competent administrative authority of pricing and the department of finance under the State Council.
The dischargers shall pay the sewage-discharge fee at the designated commercial banks.

Article 34 In the exploration and development activities of marine oil and gas mineral resources, the apparatus for automatic monitoring and control of the discharge of pollutants shall be installed for measuring the discharge of the polluted production sewage, the sewage in the engine room and the domestic sewage.

Article 35. It is forbidden to discharge any oil, acid or alkaline solutions or deadly poisonous liquid or any high or medium-level radioactive wastewater into the sea area. Strict restrictions shall be set on the discharge of low-level radioactive wastewater to the sea area, and if necessary, such discharge shall be subject to the state criteria for the prevention and treatment of radioactive pollution.
Strict restrictions shall be set on the emission of the gas with poisonous substance into air, and if necessary, such emission may be made only after the purification treatment thereof, which, in no case, may exceed the state and local criteria on the emission thereof. The emission of the gas with poisonous substance into air shall be subject to the state criteria on the prevention and treatment of radioactive pollution.
Strict restrictions shall be set on the discharge of wastewater containing organic matter hard to degrade and heavy metals to the sea area, while the discharge of other pollutants shall be subject to the state or local criteria thereof.

Article 36 The sewage discharge fee from the marine projects shall be fully accounted in the fiscal budget for the purpose of the adoption of "separate income and expenses" management, which shall be specifically used for the prevention and treatment of the pollution to the marine environment. The detailed measures thereof shall be prescribed by the finance department of the State Council jointly with the competent state administrative authority of marine affairs.

Chapter V Prevention and Disposal of Pollution Incidents

Article 37 The construction unit shall, before the marine project is put into formal operations, formulate the emergency plan on prevention and treatment of the pollution and damage of the marine projects to the marine environment, which shall be reported to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project and the competent administrative authorities for recordal.

Article 38 The emergency plan on prevention and treatment of the pollution and damage of the marine projects to the marine environment shall contain the following contents:
1. situation of the environment and resources of the projects and the adjacent marine area;
2. risk analysis of the pollution incidents;
3. arrangement of the emergency facilities; and
4. plan on the disposal of the pollution incidents.

Article 39 If, in the period of construction and operation of a marine project, such marine project has caused or is likely to cause the incidents of marine environmental pollution, the construction in question shall immediately report the case to the competent administrative authorities of marine affairs under the People's Governments in the coastal areas at county level or above or to other competent authorities thereof, take effective measures for alleviation or removal of the pollution, and simultaneously notify the case to all the units and individuals that may be endangered.
After receipt of the report, the competent administrative authorities of marine affairs under the People's Governments in the coastal areas at county level or above or other competent authorities thereof shall immediately report the same to the People's Governments at county level or above and the competent authorities at a higher level according to the provisions of the pollution incident classification. The People's Governments at county level or above and the competent authorities shall, according to their own respective functions, immediately designate persons to go to the spot to take effective measures for removing and alleviating the damage, and to investigate and handle the pollution incidents.

Article 40 Activities of marine project construction conducted in the natural marine protection zones shall be carried out pursuant to the relevant state provisions on the natural marine protection zones.

Chapter VI Supervision and Inspection

Article 41 The competent administrative authorities of marine affairs under the People's Governments at county level or above shall be responsible for the supervision and inspection of the prevention and treatment of the pollution and damage of the marine projects to the marine environment, and shall carry out investigation and handling any violation of laws and regulations concerning the prevention and treatment of the marine pollution.
The supervision and inspection personnel of the competent administrative authorities of marine affairs under the People's Governments at county level or above shall carry out supervision and inspection strictly pursuant to the procedures provided for by laws and regulations.

Article 42 In conducting a spot inspection, the competent administrative authorities of marine affairs under the People's Governments at county level or above shall have the right to:
1. require the unit or individual under inspection to provide the documents, certificates, data, technical data and other matters related to environmental protection, and inspect and copy them;
2. require the person in charge of the unit under inspection or the relevant persons to make explanations on the relevant matters;
3. enter the work site of the inspected unit for conduct of survey, reconnaissance, sampling inspection, taking photos and videotaping.
4. check the installation and operations of all facilities, apparatus and equipment of environmental protection;
5. order the wrongdoer to stop the illegal activities and to accept the investigation and the treatment thereof; and
6. require the wrongdoer to take effective measures for preventing the pollution from proliferation.

Article 43 In conducting the on-site enforcement inspection, the supervision and inspection personnel of the competent administrative authorities of marine affairs under the People's Governments at county level or above shall show their certification for enforcement. The airplanes, watercrafts and vehicle used for enforcement inspection, cruise and surveillance shall carry clear marks for enforcement.

Article 44 The unit and individual under inspection shall truthfully provide the materials and shall not refuse or impede the execution of public affairs by the supervision and inspection personnel.
The relevant units and individuals shall assist the competent administrative authority of marine affairs in its work of supervision and inspection.

Article 45 The competent administrative authorities of marine affairs under the People's Governments at county level or above shall make a decision on administrative sanctions on any act that has violated the laws and regulations on the prevention and treatment of the marine pollution. In case the competent administrative authority of marine affairs fails to make a decision on administrative sanctions, the competent administrative authority of marine affairs at a higher level shall have the right to order it to make the decision on administrative sanctions, or directly make a decision on the administrative sanctions thereof.

Chapter VII Legal Responsibilities

Article 46 In case the construction unit has violated the provisions of these Regulations with any of the following acts, the competent administrative authority of marine affairs responsible for examination and approval of the report on environmental impact of the project shall order it to stop the construction or operation of the project in question and supplement the formalities thereof within the specified time limit, and impose a fine from CNY50,000 to CNY200,000:
1. starting construction without authorization when its report on environmental impact has not been approved; or
2. the facilities of environmental protection of the marine project having been put into operation without being accepted upon application or with acceptance examination not qualified.

Article 47 In case the construction unit has violated the provisions of these Regulations with any of the following acts, the competent administrative authority of marine affairs responsible for examination and approval of the report on environmental impact of the project shall order it to stop the construction or operation of the project in question and supplement the formalities thereof within the specified time limit, and impose a fine from CNY50,000 to CNY200,000:
1. where there is any material change to the nature, scale, location, production process or proposed measures for environmental protection, it fails to re-prepare the report on environmental impact and report it to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for examination and approval;
2. where the construction of the marine project commences more than 5 years after the date of examination and approval of the report on environmental impact, it fails to submit such report on environmental impact to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for re-examination and approval; or
3. If the marine project is to be dismantled or changed to other use, it fails to submit the report on environment impact to the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project for approval or fails to make the environmental impact assessment pursuant to the requirements.

Article 48 In case the construction unit has violated the provisions of these Regulations with any of the following acts, the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project shall order it to make corrections within the specified time limit, and then when it fails to make corrections within the specified time limit, it shall be ordered to stop operations of the project in question and also be fined more than CNY10,000 but less than CNY100,000:
1. dismantling or leaving idle the facilities of environmental protection without authorization; or
2. failing to conduct the post-assessment of environmental impact within the specified time limit or failing to take measures for rectifications thereof pursuant to the relevant requirements.

Article 49 In case the construction unit has violated the provisions of these Regulations with any of the following acts, the competent administrative authority of marine affairs under the People's Government at county level or above shall order it to stop the construction or operation of the project in question and to restore it to the original condition, and in case of failure of restoration to the original condition, the competent administrative authority of marine affairs may designate a unit of the corresponding qualifications to restore it to the original condition with all expense to be borne by the such construction unit, and such construction unit shall be fined more than one time but less than two times the amount of the expense needed for the restoration of the original condition:
1. causing any corrosion, deposit or damage to the baseline points of the territorial sea or the adjacent environment; or
2. conducting any activity of marine project construction in the natural marine protection zones in violation of the relevant provisions.

Article 50 In case the construction unit has violated the provisions of these Regulations and used any filling materials that fail to meet the relevant criteria of environmental protection in a sea enclosing and filling project, the competent administrative authority of marine affairs under the People's Government at county level or above shall order it make corrections within the specified time limit, and in case of failure to make such corrections at the expiration of the specified time limit, it shall be ordered to stop the construction and operation of the project and be fined more than CNY50,000 but less than CNY200,000; and in case of occurrence of pollution incident to the marine environment, the person in charge with direct responsibilities and other person with direct responsibilities who have constituted a crime shall be investigated and prosecuted for criminal responsibilities according to law.

Article 51 In case the construction unit has violated the provisions of these Regulations with any of the following acts, the competent administrative authority of marine affairs that originally examined and approved the report on environmental impact of the project shall order it to make corrections within the specified time limit, and in case of failure to make such corrections within the specified time limit, it shall be fined more than CNY10,000 but less than CNY50,000:
1. failing to report the operation situation of the pollutant discharge facilities and the pollutant disposal equipment, or the situation of the discharge and disposal of the pollutants;
2. failing to report the variety and volume of the oil added to the water-based mud;
3. failing to submit the emergency plan on prevention and treatment of the pollution and damage of the marine projects to the marine environment for recordal;
4. failing to make a prior report to the competent administrative authority of marine affairs on any marine explosion operations; or
5. failing to set up clear marks and signals in conducting marine explosion works.

Article 52 In case the construction unit has violated the provisions of these Regulations and fails to take effective measures for protection of the marine resources when conducting marine explosion works, the competent administrative authority of marine affairs under the People's Government at county level or above shall order it to make corrections within the specified time limit, and then, in case of failure to make such corrections at the expiration of the specified time limit, it shall be fined more than CNY10,000 but less than CNY200,000.
In case the construction unit has violated the provisions of these Regulations conducts blasting operations and conducted works of explosion with powder in an important fishery water area or conducted other operations that may cause damage to the fishery resources without avoiding the spawn period of the economic fish and shrimp, the competent administrative authority of marine affairs under the People's Government at county level or above shall give it a warning or order it to stop the operation, and it shall be fined more than CNY50,000 but less than CNY200,000.

Article 53 In case the exploration and development unit of marine oil-gas mineral resources has violated the provisions of these Regulations and drained the sewage containing oil or directly discharged or discarded the plastic products, residual oil, waste oil, oil-based mud, garbage containing oil and other poisonous and harmful residual liquid and dregs to sea, the competent state administrative authority of marine affairs or its local offices shall order it to clear up such things within the specified time limit and impose a fine from CNY20,000 to CNY200,000, and then, in case of failure to clean up such things within the specified time limit, the state competent administrative authority of marine affairs or its local offices may designate a unit of relevant qualifications to clear up such things, for which the expense needed shall be borne by the exploration and development unit of marine oil-gas mineral resources; and in case of occurrence of pollution incident to the marine environment, the person in charge with direct responsibilities and other person with direct responsibilities who have constituted a crime shall be investigated and prosecuted for criminal responsibilities according to law.

Article 54 In case the seawater culturist has caused pollution to the marine environment or serious impact on the marine landscape due to its failure to take scientific breeding method, the competent administrative authority of marine affairs under the People's Government at county level or above shall order it to make corrections within the specified time limit, and in case of failure to make such corrections at the expiration of the specified time limit, the breeding activities in question shall be stopped, and such seawater culturist shall be fined more than one time but less than two times the amount of the expenses needed for disposal of the pollution or restoring the marine landscape.

Article 55 In case the construction unit fails to pay the sewage-discharge fee according to the provisions of these Regulations, the competent administrative authority of marine affairs under the People's Government at county level or above shall order it to make the payment thereof in the specified time limit, and then, in case of refusal to make the payment at the expiration of the specified time limit, such construction unit shall be fined more than 2 times but less than 3 times the amount of the sewage-discharge fee.

Article 56 In case of pollution and damage to the marine environment in violation of the provisions of these Regulations, the person responsible shall eliminate the damage thereof and compensate for the losses thereof. In case of pollution damage to the marine environment solely due to the intention or negligence of a third party, such third party shall eliminate the damage thereof and compensate for the losses thereof.
In case of marine environmental pollution incident by violation of the provisions of these Regulations, the person in charge with direct responsibilities and other person with direct responsibilities who have constituted a crime shall be investigated and prosecuted for criminal responsibilities according to law.

Article 57 Any person of the competent administrative authority of marine affairs that falls under any of the following circumstances in violation of the provisions of these Regulations shall be imposed with administrative sanctions, and if a crime has been constituted, the person in question shall be investigated for criminal responsibilities according to law:
1. failure to examine and approve the report on environmental impacts of marine projects according to the relevant provisions;
2. failure to examine and accept the facilities for environmental protection according to the relevant provisions;
3. failure to report, investigate and handle the pollution incidents of marine environment according to the relevant provisions;
4. failure to collect the fees of drainage of wastes and sewage according to the relevant provisions; or
5. failure to conduct the supervision and inspection according to the relevant provisions.

Chapter VIII Supplementary Provisions

Article 58 The prevention and treatment of the pollution by ships shall be carried out according to the provisions of the relevant state laws and administrative regulations.

Article 59 These Regulations shall be implemented as of November 1, 2006.