Marine Environment Protection Law of China

• Area of Law： Environmental Protection Resources
• Level of Authority： Laws
• Date issued：11-04-2017
• Effective Date：11-05-2017
• Status： Effective
• Issuing Authority： Standing Committee of the National People's Congress

Marine Environment Protection Law of China
(Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982; revised at the 13th Session of the Standing Committee of the Ninth National People's Congress on December 25, 1999; amended in accordance with the Decision on Amending Seven Laws Including the Marine Environment Protection Law of the People's Republic of China at the Sixth Session of the Standing Committee of the Twentieth National People's Congress on December 28, 2013; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Marine Environment Protection Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Twelfth National People's Congress on November. 7, 2016; amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws including the Accounting Law of the People's Republic of China, as adopted at the 30th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 4, 2017.)
Contents
Chapter I General Provisions
Chapter II Supervision and Control over the Marine Environment
Chapter III Marine Ecological Protection
Chapter IV Prevention and Control of Pollution Damage to the Marine Environment Caused by Land-based Pollutants
Chapter V Prevention and Control of Pollution Damage to the Marine Environment Caused by Coastal Construction Projects
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment Caused by Marine Construction Projects
Chapter VII Prevention and Control of Pollution Damage to the Marine Environment Caused by Dumping of Wastes
Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment Caused by Vessels and Their Related Operations
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect and improve the marine environment, conserve marine resources, prevent pollution damages, maintain ecological balance, safeguard human health and promote sustainable economic and social development.
Article 2 This Law shall apply to the internal waters, territorial seas, contiguous zones, exclusive economic zones and continental shelves of the People's Republic of China and all other sea areas under the jurisdiction of the People's Republic of China.
All units and individuals engaged in navigation, exploration, exploitation, production, tourism, scientific research or other operations in the sea areas under the jurisdiction of the People's Republic of China, or engaged in operations in the coastal land areas which have impact on the marine environment shall comply with this Law.
This Law shall also apply to pollution to the sea areas under the jurisdiction of the People's Republic of China originating from areas beyond the sea areas under the jurisdiction of the People's Republic of China.
Article 3 The state shall delineate thered lines of ecological protection in key marine ecological function zones, ecological sensitive areas and fragile areas, and other sea areas to conduct strict protection.
The State shall establish and put into practice a system of controlling the total sea-disposal pollution discharge for the key sea areas, determine the standards for controlling the total sea-disposed main pollutants discharge and shall assign controlled pollution discharges to key pollution sources. The specific measures therefor shall be formulated by the State Council.
Article 4 All units and individuals shall have the obligation to protect the marine environment and have the right to supervise and expose the act of any unit or individual that causes pollution damage to the marine environment, as well as the act of any functionary engaged in marine environment supervision and control that constitutes a neglect of duty in violation of the law.
Article 5 The administrative department in charge of environment protection under the State Council, as the department to exercise unified supervision and control over the nation-wide environment protection work, shall guide, co-ordinate and supervise the nation-wide marine environment protection work and be responsible for preventing and controlling marine pollution damages caused by land-based pollutants and coastal construction projects.
The State oceanic administrative department shall be responsible for the supervision and control over the marine environment, organize survey, surveillance, supervision, assessment and scientific research of the marine environment and be responsible for the nation-wide environment protection work in preventing and controlling marine pollution damages caused by marine construction projects and dumping of wastes in the sea.
The State administrative department in charge of maritime affairs shall be responsible for the supervision and control over marine environment pollution caused by non-military vessels inside the port waters under its jurisdiction and non-fishery vessels and non-military vessels outside the said port waters, and be responsible for the investigation and treatment of the pollution accidents. In the event of a pollution accident caused by a foreign vessel navigating, berthing or operating in the sea under the jurisdiction of the People's Republic of China, inspection and treatment shall be conducted on board the vessel in question. Where the pollution accident caused by a vessel results in fishery damages, the competent fishery administrative department shall be invited to take part in the investigation and treatment.
The State fishery administrative department shall be responsible for the supervision and control over the marine environment pollution caused by non-military vessels inside the fishing port waters and that caused by fishing vessels outside the fishing port waters, be responsible for the protection of ecological environment in the fishing zones, and shall investigate and handle the fishery pollution accidents other than those specified in the preceding paragraph.
The environmental protection department of the armed forces shall be responsible for the supervision and control over the marine pollution caused by military vessels and for the investigation and handling of the pollution accidents caused by military vessels.
The functions and responsibilities of the departments empowered to conduct marine environment supervision and control under the coastal local people's governments at or above the county level shall be determined by the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government in accordance with this Law and the relevant regulations of the State Council.
Article 6 The administrative departments of environment protection, marine administrative departmentsand other departments empowered to conduct marine environment supervision and controlshall publicly disclose the relevant information on marine environment in accordance with the law according to the division of functions and powers; and relevant pollutant discharging entities shall publicly disclose the pollutant discharge information in accordance with the law.
Chapter II Supervision and Control over the Marine Environment
Article 7 The marine administrative department of the state shall, in conjunction with the relevant departments of the State Council and the people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government, work out a national marine functional zonation scheme according to the national major marine functional zoning plans, and submit it to the State Council for approval.
The coastal local people's governments at all levels shall, according to the national and local marine functional zonation schemes, protect and use sea areas in a scientific and rational manner.
Article 8 The State shall draw up, in accordance with the marine functional zonation scheme, national marine environment protection plan and regional marine environment protection plans in key sea areas.
The relevant people's government of the coastal provinces, autonomous regions and municipalities directly under the Central Government adjacent to key sea areas and the departments empowered to conduct marine environment supervision and control may set up regional co-operation organizations for marine environment protection which shall be responsible for the implementation of regional marine environment protection plans in key sea areas as well as for the prevention and control of marine environment pollution and the marine ecological conservation work.
Article?9 Trans-regional marine environment protection problems shall be solved through consultations by the relevant coastal local people's governments or be solved through coordination by the people's government at the higher level.
Major trans-department marine environment protection work shall be coordinated by the administrative department in charge of environment protection under the State Council. The problems that fail to be settled through coordination shall be submitted to the State Council for decision.
Article?10 The State shall work out the national marine environment quality standards in accordance with the marine environment quality conditions and the economic and technological level of the country.
The people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government may work out the local marine environment quality standards for those items not specified in the national marine environment quality standards.
The coastal local people's governments at various levels shall, in accordance with the stipulations laid down in the national and local marine environment quality standards and the coastal sea area environment quality conditions in their respective administrative areas, work out their marine environment protection targets and tasks, incorporate them into their respective government work plans and exercise control thereover in accordance with the corresponding marine environment quality standards.
Article 11 In working out the national and local water pollutant discharge standards, the national and local marine environment quality standards shall be taken as one important basis. For the key sea areas where the State has established and put into practice the system of controlling the total sea-disposed pollution discharge, the standards for controlling the total sea-disposed main pollutants discharge shall also be taken as an important basis in determining the water pollutant discharge standards.
When implementing the national and local water pollutant discharge standards, pollutant discharging entities shall comply with the indicators for the control of the total volume of key pollutants discharged into the sea assigned to them.
In key sea areas where the indicators for the control of the total volume of key pollutants discharged into the sea are exceeded and sea areas where the objectives and tasks of marine environment protection fail to be completed, the environment protection administrative departments of the people's governments at or above the provincial level and the marine administrative departments shall, according to the division of functions, suspend the approval of the environmental impact reports (forms) for the construction projects which will newly increase the total volume of corresponding types of pollutants discharged into the sea.
Article 12 All entities and individuals directly discharging pollutants into the sea must pay pollutant discharge fees in accordance with the provisions of the state. Whoever has paid environmental pollution tax in accordance with the legal provisions is no longer required to pay pollutant discharge fees.
Dumping fees must be paid for the dumping of wastes into the sea according to national provisions.
Pollutant discharge fees and dumping fees levied in accordance with the provisions of this Law must be used for the prevention and control of marine environment pollution and may not be appropriated for any other purposes. Specific measures shall be formulated by the State Council.
Article 13 The State shall strengthen the research and development of science and technology in the field of prevention and control of marine environment pollution damages and shall put into practice an elimination system with regard to any out-of-date production techniques and equipment that cause serious marine environment pollution damages.
Enterprises shall give priority to the introduction of clean energies and clean production technology with higher resources utilization ratio and less pollutant discharges, so as to prevent pollution to the marine environment.
Article 14 The State administrative department in charge of maritime affairs shall manage in accordance with the State environmental monitoring and supervisory norms and standards the investigation, monitoring and supervision of the nation-wide marine environment and work out specific measures of implementation, and shall organize, in conjunction with the relevant departments, nation-wide marine environment monitoring and supervision network, conduct regular assessment of marine environment quality and release regular sea cruise supervision dispatches.
Departments empowered by this Law to conduct marine environment supervision and control shall be responsible for the monitoring and supervision of the water areas under their respective jurisdiction.
Other relevant departments shall, in accordance with the division of work under the nation-wide marine environment monitoring network, be respectively responsible for the mouths of rivers that empty into the sea and the main pollutant discharge outlets.
Article 15 Relevant departments of the State Council shall provide the administrative department in charge of environment protection under the State Council with the marine environment monitoring data necessary for the compilation of national environment quality bulletins.
The administrative department in charge of environment protection shall provide relevant departments with data relating to marine environment supervision and administration.
Article 16 The State administrative department in charge of maritime affairs shall, in accordance with the environment monitoring and supervision information management system formulated by the State, be responsible for the management of the comprehensive marine information system and render services to the supervision and control over the marine environment protection.
Article 17 Any unit or individual that has caused or may possibly cause marine environment pollution because of an accident or any other contingency must immediately adopt effective measures, promptly inform all parties that are potentially endangered, report to the department empowered by this Law to conduct marine environment supervision and control and accept investigation and treatment.
Coastal local people's government at or above the county level must, whenever the offshore environment within their administration is seriously polluted, adopt effective measures to relieve or mitigate the pollution damage.
Article 18 The State shall, in accordance with the necessity to prevent marine environment pollution, draw up State contingency schemes to cope with major marine pollution accidents.
The State oceanic administrative department shall be responsible for drawing up a State contingency scheme to cope with any major oil spill accidents on the sea caused by offshore oil exploration and exploitation and report to the administrative department in charge of environment protection under the State Council for the record.
The State administrative department in charge of maritime affairs shall be responsible for drawing up a contingency scheme to cope with any nation-wide major vessel oil spill accidents on the sea and report to the administrative department in charge of environment protection under the State Council for the record.
All units in the coastal areas where marine environment pollution accidents may happen shall draw up in accordance with the State regulations contingency schemes to cope with pollution accidents and report to the local administrative departments respectively in charge of environment protection and maritime affairs for the record.
The coastal people's governments at or above county level and the relevant departments thereunder shall relieve or mitigate damages in accordance with the contingence schemes in case of any major marine pollution accidents.
Article 19 Departments empowered by this Law to conduct marine environment supervision and control may conduct joint law enforcement operations on the sea. In their monitoring cruise, whenever any marine pollution accident or act of violation of the provisions of this Law is discovered, they shall check it, conduct on-the-spot investigation, collect evidence, and if necessary, have the power to adopt effective measures to prevent the spread of pollution, and in the meantime report the case to the relevant competent department for the treatment.
Departments empowered by this Law to conduct marine environment supervision and control have the right to conduct on-the-spot inspections of the units and individuals discharging pollutants within the sphere of their jurisdiction. Those under inspection shall report the situation faithfully and provide necessary data.
Inspection departments shall keep the technical and business knowhow of the inspected secret.
Chapter III Marine Ecological Protection
Article 20 The State Council and the coastal local people's governments shall adopt effective measures to protect typical and representative marine ecosystems such as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries and important fishery waters, protect sea areas where rare and dying out marine organisms are naturally and densely scattered, protect habitats of marine organisms having important economic value, and protect marine natural historic relics and natural landscapes having great scientific and cultural significance.
Efforts shall be made to renovate and restore damaged marine ecosystems having important economic and social values.
Article 21 The relevant departments of the State Council and the coastal people's governments at provincial level shall, in accordance with the need for marine ecosystem conservation, delimit and establish marine nature reserves.
The establishment of marine nature reserves at state level shall be subject to approval by the State Council.
Article 22 A marine nature reserve shall be established where one of the following situations exists:
(1)being a typical marine physiographic area as well as a representative natural ecosystem area, or an area where the natural ecosystem has been damaged to some extent, but may be recovered through efforts of conservation;
(2)being an area with higher marine biodiversity, or an area where rare and dying out marine species are naturally and densely scattered;
(3)being a sea area, seashore, island, coastal wetland, estuary, bay or the like with special conservation;
(4)being an area where marine natural remains of great scientific and cultural values are located; or
(5)any other area calling for special conservation.
Article 23 For any area having special geographic conditions, ecosystem, living or non-living resources and where the marine development and exploitation have special needs, a marine special reserve may be established, so that a special management may be ensured by adopting effective conservation measures and scientific development modes.
Article 24 The state shall establish and improve the marine ecological protection compensation system.
Reasonable layouts shall be made for the development and utilization of marine resources according to the marine functional zonation schemes, the red lines of ecological protection shall be strictly observed, and no damage shall be brought to marine ecological environment.
Article 25 Any introduction of marine animal or plant species shall be subjected to scientific assessment so as to avoid damages to marine ecosystems.
Article 26 In exploiting resources of an island and its surrounding sea area, strict ecological protection measures shall be adopted, and no damage shall be brought to the island topography, beach, vegetation and the ecological environment of the surrounding sea area.
Article 27 Coastal local people's governments at all levels shall, in accordance with the characteristics of the respective local natural environment, construct shore protection installations, coastal shelter belts, as well as gardens and greenlands in the coastal cities and towns, and undertake comprehensive treatment in the areas affiliated with shore erosion and saline water intrusion.
Destruction of shore protection installations, coastal shelter belts and gardens or greenlands in the coastal cities and towns in forbidden.
Article 28 The State shall encourage the development of ecological fishery, popularize multiform ecological fishery production methods and improve marine ecological conditions.
Environmental impact assessment shall be conducted while establishing a new marine culture, renovating or extending an existing marine culture.
In marine culture, breeding density shall be scientifically determined, bait and manure be rationally spread, medicines be accurately applied, and pollution to the marine environment be prevented.
Chapter IV Prevention and Control of Pollution Damage to the Marine Environment by Land-Based Pollutants
Article 29 The discharge of land-based pollutants into the sea shall strictly comply with the State or local standards and relevant stipulations.
Article 30 Any outlets for discharging pollutants into the sea shall be sited in accordance with marine functional zoning plans, marine dynamic conditions and relevant provisions, and shall, after scientific demonstration, be reported to the environmental protection administrative department of the people's government at or above the level of a districted city for recordation.
The environmental protection administrative department shall, within 15 working days after completing recordation, notify the information on the setup of the outlets for discharging pollutants into the sea to the oceanic, maritime and fishery administrative departments and environmental protection departments of armed forces.
It is not allowed to site any new pollutant discharging outlets within marine nature reserves, important fishery waters, coastal historic sites and scenic spots, and areas which call for special protection.
In areas with conditions, pollution discharging outlets shall be built in the deep sea and offshore discharging shall be practised. The installation of land-based pollutant discharging outlets in deep offshore waters shall be determined in accordance with marine functional zonation scheme, marine dynamic conditions and seabed conditions for engineering facilities. Specific measures shall be formulated by the State Council.
Article 31 The administrative departments in charge of environment protection and the administrative departments in charge of water under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with relevant laws on the prevention and control of water pollution, strengthen their control over the rivers that empty into the sea, prevent and control their pollution so as to ensure that the water quality at the river mouths be in good state.
Article 32 Units discharging land-based pollutants shall report to the interested administrative department in charge of environment protection their land-based pollutant discharging facilities and treatment facilities, the kinds, quantities and density of the discharged land-based pollutants under normal operation conditions, and shall provide relevant techniques and data related to the prevention and control of marine environment pollution.
Any major changes in the kinds, quantities and density of the discharged land-based pollutants must be reported in a timely manner.
Article 33 It is prohibited to discharge into the sea such wastes as oils, acid liquids, alkaline liquids, hypertoxic waste liquids and waste water with high or medium radioactivity.
The discharge of waste water with low radioactivity into the sea shall be strictly controlled; where the discharge is necessary, the State regulations concerning radiation prevention must be strictly complied with.
The discharge of waste water containing persistent organic matters and waste water containing heavy metals shall be strictly controlled.
Article 34 Medical sewage, domestic sewage and industrial waste water carrying pathogens can only be discharged into sea areas after they have undergone necessary treatment and reached the relevant discharge standards of the State.
Article 35 The discharge of industrial waste water and domestic sewage containing organic and nutrient matters into bays, semi-closed seas and other sea areas with low self-purification capacity shall be strictly controlled.
Article 36 In discharging thermal waste water into sea areas, effective measures shall be taken to ensure the conformity of the water temperature in the adjacent fishing areas with the marine environment quality standards of the State and the avoidance of any damage to aquatic resources by thermal pollution.
Article 37 The use of chemical pesticides in coastal farmlands and forest farms must comply with the State provisions and standards governing the safe use of pesticides.
Coastal farmlands and forest farms shall use chemical fertilizers and plant growth regulators in a rational way.
Article 38 The discharging, piling up and disposal of mining tailings, waste ores, cinders, garbage and other solid wastes on shores or beaches shall be conducted in accordance with the relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Wastes.
Article 39 It is prohibited to shift dangerous wastes through internal waters or territorial seas of the People's Republic of China.
Prior written consent must be obtained from the administrative department in charge of environment protection under the State Council for shifting any dangerous wastes through the other sea areas under the jurisdiction of the People's Republic of China.
Article 40 The people's governments of the coastal cities shall build and perfect the urban drain pipes net and construct urban sewage treatment plants or other sewage concentrated treatment facilities in a planned way and strengthen comprehensive control and management of urban sewage.
The construction of any sewage sea-disposed project must comply with the relevant regulations of the State.
Article 41 The State shall adopt necessary measures to prevent, reduce and control marine environment pollution damage arising from or through the atmosphere.
Chapter V Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects
Article 42 Construction of new coastal projects, renovation or extension of existing coastal projects must be conducted in compliance with relevant State regulations governing environment protection in construction projects and shall channel the capital needed for the prevention and control of pollution into construction project investment plan.
Within the lawfully delimited marine nature reserves, coastal historic sites and scenic spots, important fishery waters and other areas which call for special protection, no coastal construction project or any other operation that may cause pollution to environment or damage to landscape shall be undertaken.
Article 43 An entity undertaking a coastal engineering construction project must conduct a scientific survey of the marine environment, rationally select a site based on the natural and social conditions, and prepare an environmental impact report (form). Before the construction of a project is started, the environmental impact report (form) shall be submitted to the environment protection administrative department for examination and approval.
The environment protection administrative department must, before approving the environmental impact report (form), solicit opinions from the oceanic, maritime affairs, and fishery administrative departments as well as environment protection department of the armed forces.
Article 44 The environment protection facilities of a coastal engineering construction project must be designed, constructed and put into use simultaneously with the main body of the construction project. Environment protection facilities shall comply with the requirements of the approved environmental impact assessment report (form).
Article 45 It is prohibited to construct in coastal land areas any new industrial projects that do not possess effective pollution treatment measures, such as chemical pulp and paper mill, chemical plant, dye printing mill, tannery, electroplating mill, brewery, oil refinery, beach ship-dismembering and other projects which cause serious marine environment pollution.
Article 46 In building coastal construction projects, effective measures must be taken to protect wild animals and plants and their living environment as well as marine aquatic resources under State and local particular protection.
It is strictly prohibited to mine sand and gravel along the shore. In conducting coastal open air placer mining or shore-based well drilling to exploit seabed mineral resources, effective measures must be taken to prevent pollution to the marine environment.
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects
Article 47 A marine engineering construction project must comply with the national major marine functional zoning plans, marine functional zonation scheme, marine environment protection plans and relevant standards of the state on environment protection. An entity undertaking a marine engineering construction project shall conduct a scientific survey of the marine environment, prepare a marine environmental impact report (form), and submit it to the marine administrative department for examination and approval before the construction of the project is started.
A marine administrative department shall, before approving a marine environmental impact report (form), solicit the opinions from the administrative departments of maritime affairs and fishery, as well as the environment protection department of the armed forces.
Article 48 The environment protection facilities of a marine engineering construction project must be designed, built and put into use simultaneously with the main body of the project. A construction project may not be put into production or use if the environment protection facilities thereof have not been subject to or fail to pass the acceptance check by the marine administrative department.
Prior consent must be obtained form the interested oceanic administrative department if the environment protection installations are to be dismantled or laid idle.
Article 49 Materials containing radioactivity in excess of standards or materials containing toxic and harmful substance easy to dissolve in the water may not be used in a marine construction project.
Article 50 Where a marine construction project needs explosive operations, effective measures must be taken to protect marine resources.
In the course of offshore petroleum exploration and exploitation as well as oil transportation, effective measures must be taken to avoid occurrence of oil spill.
Article 51 Oily waste water and oily mixtures from offshore oil rigs, drilling platforms and oil extraction platforms must be properly treated and reach discharge standards before their discharge into the sea. Residual and waste oil must be recovered and may not be discharged into the sea. In discharging any recovered residual or waste oil that has undergone treatment, the oil content thereof may not exceed the standards laid down by the State.
Oil-based mud and toxic compound mud used in drilling may not be discharged into the sea. The discharge of any water-based mud, non-toxic compound mud or drilling breaks into the sea must comply with the relevant provisions of the State.
Article 52 Offshore oil rigs, drilling platforms, oil extraction platforms and their ancillary installations on the sea shall not dispose oil-containing industrial garbage in the sea. The disposal of other industrial garbage must not cause pollution to the marine environment.
Article 53 In any offshore well testing, it shall be ensured that the oil and gas be thoroughly burned, and that no oil and oily mixtures be discharged into the sea.
Article 54 For the exploration and development of offshore oil, and oil spill contingency plan must be prepared as legally required and submitted to the local sea area office of the state oceanic administrative department for recordation.
Chapter VII Prevention and Control of Pollution Damage to the Marine Environment caused by Dumping of Wastes
Article 55 Without approval of the State oceanic administrative department, no unit may dump any wastes into the sea areas under the jurisdiction of the People's Republic of China.
Any unit that needs to dump wastes in the sea must submit a written application to the State oceanic administrative department, and may dump its wastes only after the State oceanic administrative department has examined and approved the application and a permit is granted.
It is prohibited to dump any wastes originating from outside the territory of the People's Republic of China into the sea areas under the jurisdiction of the People's Republic of China.
Article 56 The State oceanic administrative department shall work out assessing procedures and standards for wastes dumping into the sea according to the toxicity and poisonous substance content of the wastes and their impact degree to the marine environment.
Dumping wastes into the sea shall follow a graded management based on the categories and quantities of the wastes.
The State oceanic administrative department shall work out a catalogue of the wastes permitted to be dumped into the sea, which shall be submitted to the administrative department in charge of environment protection under the State Council for deliberation and commenting, and then submitted to the State Council for approval.
Article 57 The State oceanic administrative department shall, in the light of the principle of being scientific, rational, economic and safe, select and delimit the sea dumping sites which shall be submitted to the administrative department in charge of environment protection under the State Council for deliberation and commenting, and then submitted to the State Council for approval.
Temporary sea dumping sites shall be approved by the State oceanic administrative department and be reported to the administrative department in charge of environment protection under the State Council for the record.
The State oceanic administrative department must solicit opinions from the State administrative departments respectively in charge of maritime affairs and fishery before delimiting any sea dumping sites approving any temporary sea dumping sites.
Article 58 The State oceanic administrative department shall exercise supervision and control over the use of the sea dumping sites and organize the environmental monitoring thereof. Where a dumping site proves no longer suitable for use, the State oceanic administrative department shall close it down after verification, terminate all dumping activities conducted there and report thereon to the State Council for the record.
Article 59 Any unit with a permit to dump wastes must act in accordance with the time limit and conditions set down on the permit and carry out dumping in the designated site. After the wastes have been loaded for dumping, the approval department shall check for verification.
Article 60 The unit with a permit to dump wastes shall record down the details of dumping and submit a written report to the approval department after dumping. The vessels engaged in the waste dumping must report to the administrative department in charge of maritime affairs of the departure port.
Article 61 Incineration of wastes on the sea is forbidden.
Disposal of wastes with radioactivity and other radioactive substances on the sea is forbidden. The exemptible radioactive content in the wastes shall be determined by the State Council.
Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment Caused by Vessels and Their Related Operations
Article 62 No vessels and their related operations may discharge in the sea areas under the jurisdiction of the People's Republic of China any pollutants, wastes, ballast water, vessel garbage or other harmful substances into the sea in violation of the provisions of this Law.
Those engaged in collecting pollutants, wastes and garbage from vessels or in clearing and washing vessel cabins must possess corresponding collection and treatment capacities.
Article 63 All vessels must, in accordance with relevant regulations, possess certificates and documents for the prevention of pollution to marine environment and make factual records whenever conducting pollutant discharge or any other operations involving pollutants.
Article 64 All vessels must be equipped with adequate pollution prevention facilities and equipment.
For a vessel engaged in transporting cargo apt to cause pollution damage, its structure and equipment shall be capable of preventing or reducing the pollution that the loaded cargo may cause to the marine environment.
Article 65 All vessels shall observe the stipulations of the marine traffic safety laws and regulations and prevent marine environment pollution caused by such sea accidents as collision, running on rocks, stranding, fire and explosion.
Article 66 The State shall perfect and put into practice the civil liability system of compensation for vessel-reduced oil pollution, and shall establish a fund system for vessel-induced oil pollution insurance and oil pollution compensation based on the principle of the vessel owner jointly undertaking the risks of any vessel-induced oil pollution compensation liability.
Specific measures for the implementation of the vessel-induced oil pollution insurance and oil pollution compensation fund system shall be formulated by the State Council.
Article 67 For a vessel that sails into or out of a port and engages in transporting cargo apt to cause pollution damage, the carrier and the owner of the cargo or his agent must in advance to the interested administrative department in charge of maritime affairs. The vessel may sail into or out of the port, make a transit stop or conduct loading and unloading handling in the port only after approval.
Article 68 While any cargo apt to cause pollution damage is delivered to a vessel for shipping, its vouchers, packages, marks and quantity limitations must be in conformity with the relevant regulations governing the cargo in question.
In case it is necessary for a vessel to transport any cargo with uncertainty whether apt to cause pollution damage, an assessment shall be made beforehand in accordance with the relevant regulations.
In undertaking loading and unloading operation of any oil or toxic and harmful cargo, the vessel and the port shall both comply with the relevant operation rules and regulations to ensure safety and pollution prevention.
Article 69 Ports, docks, loading and unloading spots and shipyards must, be equipped with proper facilities to collect and treat vessel-induced pollutants and wastes in accordance with the relevant regulations, and shall keep these facilities in good conditions.
Ports, docks, loading and unloading spots and shipyards must draw up oil spill pollution contingency scheme and shall be equipped with corresponding contingency equipment and devices.
Article 70 Vessels and their relevant operations shall comply with the relevant laws, regulations and standards, and effective measures shall be taken to prevent marine environmental pollution. An administrative department of maritime affairs and other relevant departments shall strengthen the supervision and administration of vessels and their relevant operations.
Where a vessel is to conduct the operation of lightering bulk liquid cargo with the hazard of pollution, it shall report in advance to the administrative department of maritime affairs under the relevant provisions for approval.
Article 71 In case of the sea accident of a vessel that has caused or may cause major pollution damage to the marine environment, the State administrative department in charge of maritime affairs is entitled to adopt enforcement measures to avoid or reduce the pollution damage.
In case of any sea accident taken place on the high sea that has resulted in major pollution damage to a sea area under the jurisdiction of the People's Republic of China or in case of any vessel or facilities on the sea that threaten to pollute such sea area, the State administrative department in charge of maritime affairs is entitled to adopt necessary measures sufficient to cope with the pollution that has actually taken place or may possibly take place.
Article 72 All vessels have the obligation to supervise pollution on the sea and, whenever discovering any pollution accident on the sea or any act that violates the provisions of this Law, they must immediately report to the nearest department empowered by this Law to conduct marine environment supervision and control.
Whenever a civil aircraft discovers any pollutant discharge or any pollution accident on the sea, it must immediately report to the nearest civil aviation air traffic control unit. The unit that has received such report shall immediately notify the department empowered by this Law to conduct marine environment supervision and control.
Chapter IX Legal Liabilities
Article 73 In the case of any of the following acts in violation of the provisions of this Law, the department empowered by this Law to conduct marine environment supervision and control shall order the violator to stop the illegal act and take corrective action within a prescribed time limit or order the violator to take such measures as restricting production or suspending production for rectification, and impose a fine thereon. Where the violator refuses to take corrective action, the department that makes the punishment decisionin accordance with the law may impose continuous fines thereon in the amount of the original fine for each day from the next day after the violator is ordered to take corrective action. If the circumstances are serious, the violator shall be ordered to stop operations or be closed down with the approval of the competent people's government:
(1) Discharging into any sea area any pollutants or any other substances the discharge of which is prohibited by this Law;
(2) Failing to discharge pollutants into the sea in accordance with the provisions of this Law, or discharging pollutants in excess of standards or total discharge volume control indicators;
(3) Dumping wastes into the sea without obtaining a permit for dumping wastes into the sea;
(4) Failing to take immediate measures to handle any marine environmental pollution accident resulting from any accident or any other emergency.
For any violation as mentioned in (1) and (3) of the preceding paragraph, a fine of not less than RMB 30,000 yuan but not more than 200,000 yuan shall be imposed; for any violation as mentioned in (2) and (4) of the preceding paragraph, a fine not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.
Article 74 In case of any of the following acts in violation of the provisions of this Law, the department empowered by this Law to conduct marine environment supervision and control shall give a warning or impose a fine in accordance with the provisions of this Law:
(1)failing to or even refusing to matters involving the discharge of pollutants in accordance with the relevant provisions, or resorting to falsification in declaring;
(2)failing to report in accordance with the relevant provisions in the event of an accident or any other contingency;
(3)failing to make records of a dumping in accordance with the relevant provisions or failing to submit the dumping report in accordance with the relevant provisions; and
(4)refusing to or declaring untruthfully matters involving the transportation of any cargo apt to cause pollution damage by a vessel.
For any violation as mentioned in (1) and (3) of the preceding paragraph, a fine not more than 20,000 yuan shall be imposed; for any violation as mentioned in (2) and (4) of the preceding paragraph, a fine not more than 50,000 yuan shall be imposed.
Article 75 In case of a violation of the provisions of the second paragraph of Article 19 of this Law by refusing an on-the-spot inspection or resorting to falsification during the inspection, the department empowered to conduct marine environment supervision and control shall give a warning and impose a fine not more than 20,000 yuan in accordance with the provisions of this Law.
Article 76 In case of a violation of the provisions of this Law that results in damage to marine ecosystems of coral reefs and mangroves, to marine aquatic resources or to marine protected areas, the department empowered to conduct marine environment supervision and control shall order a correction and adoption of remedial measures within a prescribed time limit in accordance with the provisions of this Law and impose a fine not less than 10-,000 yuan but not more than 100,000; where there are any illegal gains, the illegal gains shall be confiscated.
Article 77 In case of the installation of any pollutant discharge outlet into the sea in violation of the provisions of the first and third paragraphs of Article 30 of this Law, the department in charge of environment protection under the relevant local people's government at or above the county level shall order its closing down and impose a fine not less than 20,000 yuan but not more than 100,000 yuan.
Where the oceanic, maritime or fishery administrative department or environmental protection department of armed forces finds that the setup of an outlet for discharging pollutants into the sea violates the provision of paragraph 1 or 3 of Article 30 of this Law, it shall notify the environmental protection administrative department to punish the violator in accordance with the provisions of the preceding paragraph.
Article 78 In case of the shift of any dangerous wastes through the sea areas under the jurisdiction of the People's Republic of China in violation of the provisions of the second paragraph of Article 39 of this Law, the State administrative department in charge of maritime affairs shall order the vessel illegally shifting the dangerous wastes to withdraw from the sea areas under the jurisdiction of the People's Republic of China, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Article 79 Where a coastal engineering construction project fails to be subject to environmental impact assessment in accordance with the law, it shall be handled in accordance with the provisions of the Law of the People's Republic of China on Environmental Impact Assessment.
Article 80 In case of putting into production or use of any coastal construction project without completing the construction of environment protection installations or with environment protection installations failing to meet prescribed requirements, thus in violation of Article 44 of this Law, the interested administrative department in charge of environment protection shall order cessation of the production or use of the project and impose a fine not less than 20,000 yuan but not more than 100,000 yuan.
Article 81 In case of building any new industrial construction project causing serious pollution to the marine environment in violation of the provisions of Article 45 of this Law, the relevant people's government at or above the county level shall order its closing down in accordance with the scope of authority in administration.
Article 82 Where a construction entity conducts any marine engineering construction project in violation of the provisions of paragraph 1 of Article 47 of this Law, the marine administrative department shall order it to stop construction, and, according to the circumstances of violation of law and harmful consequences, impose a fine of not less than 1% but not more than 5% of the total investment amount of the construction project on it, and may order the restoration to the original state.
Where any entity, in violation of the provisions of Article 48 of this Law, puts into production or use of a marine engineering construction project without completing the construction of environment protection facilities or with environment protection facilities failing to meet the prescribed requirements, the marine administrative department shall order it to stop the production or use thereof, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan thereon.
Article 83 In case of the use of any material containing radioactive substance in excess of standards or toxic and harmful substances easy to dissolve in the water in violation of the provisions of Article 49 of this Law, the interested oceanic administrative department shall order cessation of the operation of the construction project in question till the relief of the pollution damage, and impose a fine not more than 50,000 yuan.
Article 84 In case of the conduct of any offshore oil exploration and exploitation in violation of the provisions of this Law, thus causing pollution damage to the marine environment, the State oceanic administrative department shall give a warning and impose a fine not less than 20,000 yuan but not more than 200,000 yuan.
Article 85 In case of a violation of the provisions of this law by dumping wastes not in compliance with requirements as specified on the permit, or by dumping wastes in the dumping zone already closed down, the interested oceanic administrative department shall give a warning and impose a fine not less than 30,000 yuan but not more than 200,000 yuan; where the case is serious, the permit may be temporarily detained or revoked.
Article 86 In case of a violation of the provisions of the third paragraph of Article 55 of this Law by transporting wastes from the outside of the People's Republic of China and dumping them in the sea areas under the jurisdiction of the People's Republic of China, the State oceanic administrative department shall give a warning and shall, in accordance with the consequences of the damage that has been caused or may possibly be caused, impose a fine not less than 100,000 yuan but not more than 1,000,000 yuan.
Article 87 In case of a violation of the provisions of this Law by committing any of the following acts, the interested department empowered to conduct marine environment supervision and control shall give a warning or impose a fine in accordance with the provisions of this Law:
(1)failing to equip with pollution prevention facilities and devices for ports, docks, loading and unloading spots or vessels;
(2)failing to possess pollution prevention certificate or pollution prevention document for vessels, or failing to take records of pollutant discharge in accordance with the relevant provisions;
(3)engaging in such operations as surface and port water area ship dismantling, old vessel refitting, salvaging and other surface and underwater operations that cause pollution damage to the marine environment; and
(4)transportation by vessels such cargoes that do not meet the pollution prevention and transportation requirements.
For any act as mentioned in (1) and (4) of the preceding paragraph, a fine not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; for any act as mentioned in (2) of the preceding paragraph, a fine not more than 20,000 yuan shall be imposed; and for any act as mentioned in (3) of the preceding paragraph, a fine not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.
Article 88 In case of a violation of the provisions of this Law by failing to work out oil spill contingency scheme for vessels, oil platforms or ports, docks, loading and unloading spots engaged in oil handling the interested department empowered to conduct marine environment supervision and control shall give a warning in accordance with the provisions of this Law, or shall order a correction within a time limit.
Article?89 Any party that is directly responsible for a pollution damage to the marine environment shall relieve the damage and compensate for the losses; in case the pollution damage to the marine environment is entirely caused by an intentional act or a fault of a third party, that third party shall relieve the damage and be liable for the compensation.
For any damages caused to marine ecosystems, marine aquatic resources or marine protected areas that result in heavy losses to the State, the interested department empowered by the provisions of this Law to conduct marine environment supervision and control shall, on behalf of the State, claim compensation to those held responsible for the damages.
Article?90 Where any entity violates the provisions of this Law, which causes any marine environmental pollution accident, it shall, in addition to assuming the compensation liability in accordance with the law, be fined under the provisions of paragraph 2 of this Article by the department empowered by this Law to conduct marine environment supervision and control. The directly responsible person in charge and other directly liable persons may be fined less than 50% of the income obtained from the entity in the previous year, or, shall be given disciplinary actions in accordance with the law if they are state functionaries.
Where an ordinary or relatively serious marine environmental pollution accident is caused, the fine shall be 20% of the direct losses incurred; or where aserious or extraordinarily serious marine environmental pollution accident is caused, the fine shall be 30% of the direct losses incurred.
Whoever causes serious pollution to marine environmentor destruction of marine ecology shall be subject to criminal liability in accordance with the law if a crime is constituted.
Article 91 Where damage to the marine environment caused by a pollution can not be avoided despite prompt and reasonable adoption of measures, and where the pollution is entirely attributable to any of the following circumstances, the parties concerned held responsible shall be exempt form liability:
(1)war;
(2)irresistible natural calamities; or
(3)negligence or other wrongful acts in the performance of a department responsible for the maintenance of beacons or other navigation aids.
Article 92 The administrative punishments on any violations of the provisions of Article 12 of this Law on the payment of pollutant discharge fees and dumping fees shall be prescribed by the State Council.
Article 93 Where a functionary engage in marine environment supervision and control abuses his power, neglects his duty or perpetrates malpractice for personal gains, thus causing pollution damage to the marine environment, administrative sanction shall be given pursuant to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter X Supplementary Provisions
Article 94 For the purpose of this Law, the following expressions shall have the meanings hereunder assigned to them:
(1)"Pollution damage to the marine environment" means any direct or indirect introduction of substances or energy into the marine environment which results in deleterious effects such as harm to marine living resources, hazards to human health, hindrance to fishing and other legitimate operations at sea, impairment of the utilization quality of sea water and degradation of environment quality.
(2)"Internal waters" means all sea areas on the land-ward side of the baseline of the China's territorial sea.
(3)"Coastal wetland" means water areas where the depth of water is less than 6 metres at low tides and its coastal flooded and wet areas, including the permanent water areas, the intertidal zones and other coastal low lands (or flooded areas) where the depth of water is less than 6 metres.
(4)"Marine functional zonation scheme" means delimitation of dominant functions and scope in marine utilization in the light of marine natural attributes and social attributes as well as natural resources and specified environment conditions.
(5)"Fishing areas" means spawning grounds, feeding grounds, wintering grounds and migration channels of fishes and shrimps ,and the mariculture waters of fishes, shrimps shellfishes and algae.
(6)"Oils" means any kind of oil and its refined products.
(7)"Oily mixtures" means any mixtures containing oil.
(8)"Discharge" means acts to drain pollutants into the sea, where by pumping, spilling, releasing, gushing or pouring.
(9)"Land-based pollution sources" refers to the sites or facilities that discharge from the land into the sea pollutants which cause or may cause marine environment pollution.
(10)"Land-based pollutant " means pollutant discharged from land-based sources.
(11)"Dumping" means to dispose of wastes or other harmful substances in the sea from vessels, aircraft, platforms or other means of transport, including the abandonment of vessels, aircraft, platforms and other floating apparatus.
(12)"Coastal land areas" means areas connected with the coast or areas where pollutants are directly or indirectly discharged into the sea through pipelines, channels and facilities installations, and where related operations are conducted.
(13)"Incineration on the sea" means intentional act of burning wastes or other substances by burning devices on the sea aiming at destruction by heat; however, such acts that occur accidentally during normal operation of vessels, platforms or other man-made structures shall be excluded.
Article 95 Where specific divisions of functions and powers for the relevant departments involved in marine environment supervision and control are not defined in this Law, the State Council shall define them.
Article 96 Where an international treaty regarding marine environment protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in this Law, the provisions of the international treaty shall apply; however the provisions about which the People's Republic of China has d reservations shall be excepted.
Article 97 This Law shall come into force as of April 1, 2000.