Regulations of Shanghai Municipality on Ports

 2018-10-23  324


(Adopted at the 25th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on December 29, 2005; amended for the first time in accordance with the Decision on Revising Some Local Rules of This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17, 2010; amended for the second time in accordance with the Decision on Amending 12 Local Rules Including the Regulations of Shanghai Municipality on the Administration of Materials for Construction Works adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015)

 

Chapter I  General Provisions

 

Article 1

With a view to strengthening the port administration in Shanghai, maintaining the port safety and operational order, protecting the legitimate rights and interests of the parties concerned, promoting the construction and development of ports and pushing forward the building of Shanghai into an international shipping center, these Regulations are formulated in accordance with the Port Law of the People's Republic of China and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the planning, construction, maintenance, operation and administration of ports and other relevant activities in this Municipality.

Article 3

The municipal port administrative department shall be the competent administrative department for port administration in Shanghai, responsible for the specific implementation of these Regulations.

The department of the district/county people's government responsible for port administration (hereinafter referred to as the district/county port administrative department) shall, according to their functions and duties specified by the Municipal People's Government, administrate the port work in its jurisdiction and accept professional guidance from the municipal port administrative department.

The departments of maritime affairs, customs, inspection and quarantine, and border inspection in Shanghai and other related administrative departments of this Municipality shall, within the scope of their respective functions and duties, coordinate the implementation of these Regulations.

Article 4

The port administration in Shanghai shall follow the principles of one administration for one port, scientific planning, unified administration and normalized service.

 

Chapter II  Planning and Construction of Ports and Use of Coastlines

 

Article 5

The Port Master Plan of Shanghai shall be drawn up by the municipal port administrative department according to laws and be promulgated for implementation after the approval of the competent transport department under the State Council jointly with the Municipal People's Government. The Port Master Plan of Shanghai shall link up and cohere with the relevant planning including the comprehensive city planning of this Municipality.

The municipal port administrative department shall, jointly with the municipal planning administrative department and according to the Port Master Plan of Shanghai, draw up the regulatory plan for port areas and promulgate it for implementation upon its approval by the Municipal People's Government.

The construction of port facilities shall meet the requirements set in the Port Master Plan of Shanghai and the regulatory plan for port areas. The port facilities shall include the buildings, structures and equipment built and installed for port operation and management.

Article 6

Where the port coastline is to be used for the construction of port facilities, a written application shall be submitted to the municipal or district/county port administrative department before such a project is established. The application for the use of the port coastline shall include the user, the area, time period and function of the coastline to be used.

Where the non-deep-water coastline is to be used, the municipal or district/county port administrative department shall, according to the requirements set in the Port Master Plan of Shanghai and the regulatory plan for port areas, carry out the examination and approval within 30 days from the date of receiving the application; where the deep-water coastline is to be used, the municipal port administrative department shall submit the application to the competent transport administrative department under the State Council for examination and approval. Where the application is approved after the examination, a port coastline use permit shall be issued to the applicant.

Article 7

The user of the port coastline shall use the port coastline according to the approved using area and function of the coastline and may not change the using area and function of the coastline without authorization. Where there is a proven need to alter the user, the using area and function of the port coastline, an application shall be submitted to the municipal or district/county port administrative department, and relevant examination and approval procedures shall be gone through according to relevant provisions of these Regulations.

The user of the port coastline who terminates the use of the port coastline, shall go through the cancellation formalities with the municipal or district/county port administrative department and return the port use permit.

Article 8

Where the port coastline is to be used temporarily for the construction of port facilities or the loading and unloading of cargoes, a written application shall be submitted to the municipal or district/county port administrative department. The municipal or district/county port administrative department shall complete the examination and make a decision within 30 days from the date of receiving the application. Where the port coastline is to be used temporarily, no permanent buildings, structures or facilities may be newly built.

The time period for the temporary use of the port coastline may not exceed two years. In case there is a need to extend the time period after the expiration, the extended time period may not exceed one year.

Article 9

The user of the port coastline shall pay fees for the use of the port coastline according to the provisions of the Municipal People's Government.

Article 10

No buildings, structures or facilities that may affect the implementation of the port planning may be newly built in the port areas delimited by the Port Master Plan of Shanghai; when examining related construction projects, the planning administrative department shall solicit the opinions from the port administrative department.

Article 11

The system of pre-appraisal of safety shall be practiced on the construction of port facilities according to law. A development unit of port facilities shall entrust a safety appraisal agency other than the design unit to conduct a pre-appraisal of safety on the construction project at the feasibility study stage for the construction project.

Article 12

The drawing up of the survey and design documents for the construction project of port facilities shall meet the requirements of the construction standards set by the State, the industry and this Municipality for port facilities.

The development unit shall submit the working drawing and design documents for the construction project of port facilities to the qualified examination agency for working drawing and design documents for examination; the working drawing and design documents that are not examined or fail to meet the mandatory standards for the examination may not be used.

Article 13

Where a construction project of port facilities satisfies the conditions for construction provided by the competent transport department under the State Council, the development unit shall apply to the port administrative department for a construction permit prior to the construction; no construction work shall be carried out without a construction permit.

Article 14

A construction safety supervision system shall be practiced on construction projects of port facilities according to law. Safety supervision organs for port construction projects shall, according to relevant provisions, conduct supervision work on construction projects of port facilities for construction safety.

Article 15

Supervision organs for port construction project quality shall, according to legal procedures and technical standards, exercise supervision and control over the quality of port facilities construction project.

Article 16

Construction projects of port facilities shall be put into the trial operation upon their completion according to the relevant provisions of the State, and the trial operation shall be filed for the record with the port administrative department before it starts.

Where the construction projects of port facilities, after the completion of the trial operation, meet the conditions for the acceptance check provided by the State, an application for acceptance check shall be submitted to the port administrative department. The port administrative department shall organize relevant departments to conduct a joint acceptance check on the construction projects of port facilities.

No port facilities may be put into operation unless they pass the acceptance check.

Article 17

The municipal and district/county people's governments shall ensure necessary fund input to be used for the construction and maintenance of public port infrastructure.

The prescribed port charges such as the port construction fees reimbursed by the competent transport administrative department under the State Council shall be specifically used for the construction and maintenance of port infrastructure as provided.

 

Chapter III  Operation and Management of Ports

 

Article 18

Whoever intends to operate a port shall meet the operation conditions set by laws and administrative regulations, and, according to law, submit an application to the port administrative department for a port operation permit.

In practicing permits for port operation, the port administrative department shall follow the principles of openness, impartiality and fairness.

Article 19

In conducting operational activities, a port operator shall abide by laws, regulations, relevant rules governing port operation as formulated by the competent transport department under the State Council, and relevant norms formulated by the municipal port administrative department.

Article 20

In carrying out sanitization and fumigation on cargoes kept in the port, a port operator shall have it done at a special-purpose spot approved by the port administrative department, and, 24 hours before the treatment, report to the port administrative department on the names and quantity of the cargoes to be treated and other matters such as the reason, time, spot, measures and predetermined emergency-handling scheme for the treatment.

Article 21

For the vessels carrying the salvage materials, disaster relief materials or much-needed materials for the construction of national defense, the municipal port administrative department shall carry out centralized organization and designation of berths for them, and give priority to arranging the operation according to the instructions given by related departments of the State or the Municipal People's Government. A port operator shall obey the command of the municipal port administrative department.

Article 22

A consignee or his/her agent shall handle cargo-accepting procedures without delay upon the receipt of the cargo arrival notice.

Where a consignee or his/her agent fails to accept the cargo within the agreed or prescribed time period, the port operator may, according to relevant provisions, transfer the cargo to a warehouse for storage, but shall, in doing so, take into account the relevant interests of the cargo owner.

Article 23

A port operator providing wharf service for passenger vessels shall maintain the order of the passengers waiting for vessels.

The passengers carrying dangerous goods shall be prohibited from boarding; once a passenger is found to bring dangerous goods with him/her, the port operator shall adopt safety measures to prevent the occurrence of dangers and the passenger shall comply therewith.

Article 24

In case that a passenger vessel cannot transport passengers on schedule, the port operator shall make an announcement without delay. In case of the passengers being held up to wait for a vessel, the port operator shall, jointly with the carrier, maintain the order of such passengers and disperse them without delay, and do a good job of the alteration of the sailing schedule and the returning and changing of tickets.

In case that the passengers being held up to wait for vessels block the port, the municipal port administrative department shall adopt measures without delay to disperse the passengers. The port operator and related vessels shall comply with the unified organization and dispatch conducted by the municipal port administrative department.

Article 25

A port operator engaged in the receiving of wastes from vessels, the disposal of ballast water (including residual oil and sewage collection) and other services shall satisfy the following conditions:

1. Having the operation scheme for the receiving and disposal of wastes and ballast water;

2. Guaranteeing that the port environment and port operation order and safety will not be affected during the operation;

3. The vessels and facilities used for the receiving of wastes and ballast water shall meet relevant provisions on standards;

4. The working personnel shall possess the necessary knowledge of handling such wastes and ballast water;

5. The spot for disposing the wastes and ballast water shall meet relevant provisions;

6. Other requirements specified by laws and regulations.

Article 26

Vessels of foreign nationality and vessels of Chinese nationality that shall apply for pilotage as provided shall apply to a port pilotage agency for pilotage when navigating, getting berthed, leaving or shifting berths in the port area. Upon the receipt of the application for pilotage from a vessel, the port pilotage agency shall dispatch without delay a pilot holding a valid certificate and notify the applicant of the pilotage scheme.

Vessels other than the ones as specified by the provisions of the preceding clause may apply for pilotage according to the actual need when navigating, getting berthed, leaving or shifting berths in the port area.

A port pilotage agency shall provide vessels with timely and safe pilotage service.

Article 27

The municipal port administrative department shall do well the statistical work on ports according to the provisions of relevant laws and regulations and may conduct the statistical survey of ports in good time in the light of the need of port development. The statistical survey of ports shall include the port infrastructure and installations and their use conditions, handling capacity, quality and safety, vessels entering and leaving ports and other statistical survey items.

The organizations and individuals engaged in port operation and construction and related activities shall accurately fill in statistical forms without delay and provide statistical survey materials according to law.

Article 28

The municipal port administrative department shall, jointly with this Municipality's other port administrations, push forward the standardized construction of port information, make public the public information relating to port without delay, and promote the integration and sharing of port information, so as to provide services for electronic data interchange and customs clearance administration.

A port operator providing services for passenger vessels shall make public the public information relating to water transportation on the port information website and update the information on time.

 

Chapter IV  Safety and Maintenance of Ports

 

Article 29

The municipal port administrative department shall, according to law, formulate the predetermined schemes for emergency handling of contingencies of dangerous cargoes in ports that may jeopardize public security, for emergency evacuation and rescue of passengers in major contingencies of production safety, and for prevention of natural disasters, and institute a sound port emergency and rescue system for major contingencies of production safety. The district/county port administrative department shall, according to the requirements set in the municipal port emergency and rescue system for major contingencies of production safety in ports, formulate the port emergency and rescue system for major contingencies of production safety in ports in its jurisdiction.

All the predetermined schemes mentioned in the preceding clause shall include the contents such as grades of emergency contingencies, emergency command systems, forecasting and early-warning systems, emergency start-up procedures, information-releasing procedures, emergency agencies and their functions and duties, training and regular drills for emergency rescue agencies, emergency handling measures for contingencies, storage of emergency rescue equipment and materials and guarantee of emergency funds.

In case of safety contingencies or emergencies occurring in ports, the port administrative department shall, according to grades of contingences and the extent of impact of damage, start up separately the predetermined schemes corresponding to the grades of contingencies and organize the implementation of emergency handling and rescue.

Article 30

A port operator shall, under the guidance of the port administrative department, make its own unit's predetermined schemes for emergency handling of contingencies of dangerous cargoes, for emergency evacuation and rescue of passengers in major contingencies of production safety, and for prevention of natural disasters according to law, and file such predetermined schemes with the port administrative department for the record.

In case of safety contingencies or emergencies occurring in ports, the port operator shall preliminarily carry out emergency handling to prevent and control the spreading of contingencies, and, meanwhile, start up the reporting procedures according to the predetermined schemes.

Article 31

A port operator shall, according to the provisions of the laws and regulations on safe production, institute the systems for safe production responsibility, safe management of high-risk operation, management of special operation, and reporting and handling of contingences, provide labor protection articles and improve the conditions for safe production so as to ensure safe production.

A port operator shall conduct specialized safety appraisals on such places as the wharfs and tank (warehouse) areas for petrochemicals, wharfs and warehouse grounds for dangerous cargoes, filling stations in port areas and warehouses for the storage of fuels used for production.

A port operator engaged in the operation of a passenger wharf, a wharf for bulk grain and simple warehouses, or a loading and unloading wharf for non-dangerous cargoes shall conduct safety appraisal on the factors that may affect safe production, and, on the basis of the conclusion on the present state of safety appraisal, formulate appropriate and feasible countermeasures for safe production, and make a timely rectification of the conditions for safe production so as to eliminate hidden perils of contingences.

Article 32

Where a port operator engaged in the operation of dangerous cargoes must have corresponding qualifications according to law, he/she shall apply to the municipal port administrative department for the affirmation of the qualifications for the port operation of dangerous cargoes.

A port operator engaged in the operation of dangerous cargoes may not go beyond the affirmed operation scope.

Article 33

When commissioning a port operator to engage in the operation of dangerous cargoes, a consignor shall provide the port operator with such data about the dangerous cargoes as the Chinese name, serial numbers of the State or of the United Nations, the suitable package, harmfulness and emergency handling measures. The consignor may not have dangerous cargoes carried secretly with the ordinary cargoes commissioned for operation and may not have dangerous cargoes undeclared or declared as ordinary cargoes.

A port operator shall, 24 hours before carrying out the operation of dangerous cargoes, report matters concerning the consignor and the operation of dangerous cargoes to the port administrative department. However, reports may be made on a regular basis in respect of fixed categories of cargoes and quay berths. The port administrative department shall make a decision on whether to approve or not such operation within 24 hours upon the receipt of the report and notify the reporter in writing of the decision.

Article 34

A port operator engaged in the operation of dangerous cargoes shall stop the operation activities without delay and make a report in time to the port administrative department in any of the following circumstances:

1. having found undeclared or falsely-declared dangerous cargoes;

2. having found dangerous cargoes among ordinary cargoes; or

3. having found among the declared dangerous cargoes other dangerous cargos whose nature conflicts with the declared nature.

The port administrative department shall propose handling suggestions immediately upon the receipt of the report and notify the port operator.

Article 35

The traffic signal lights, traffic signs and traffic line markings in port areas shall meet the requirement for road traffic safety and unimpededness and national standards and be kept clear, striking, accurate and complete.

Article 36

The following activities are forbidden in port waters:

1. cultivating, planting and fishing;

2. dumping mud, sand or stone; or

3. discharging poisonous or harmful substances beyond prescribed standards in violation of relevant provisions.

No activities such as digging or exploding that may endanger the safety of ports may be carried out without authorization in ports. Where there is a proven need to carry out such activities for project construction, necessary safety protection measures shall be taken and an application shall be submitted to the municipal or district/county port administrative department for approval; in case of a need to obtain approval from a maritime administrative organ as provided, an application shall be submitted to the maritime administrative organ for approval as well.

Article 37

No open fire may be used in refit or maintenance of the vessels (including those having been unloaded but not cleared) carrying inflammable or explosive dangerous cargoes when they are berthed at wharfs.

No open fire may be used in refit or maintenance of the vessels berthed at the wharfs for handling dangerous cargoes.

When finding any of the illegal acts mentioned in the preceding two clauses, a port operator providing port facility services shall stop such acts without delay and make a report thereon to the port administrative department.

Article 38

Where cargoes or other objects which fall into port waters may affect port safety or obstruct navigation, the related person responsible shall report without delay to the administrative department of port or maritime affairs and assume the responsibility for clearing away such cargoes or objects.

When finding that cargoes or other objects fall into port waters, the administrative department of port or maritime affairs shall order the related responsible person to clear away them within a prescribed time limit; where the person responsible fails to clear them away within the prescribed time limit, the administrative department of port or maritime affairs may clear them away for the person responsible; in case of emergencies, the administrative department of port or maritime affairs shall clear them away directly. The expenses thus incurred shall be borne by the related person responsible.

 

Chapter V  Legal Liability

 

Article 39

Where relevant laws, rules and regulations provide punishment for violations of these Regulations, punishment shall be imposed according to such provisions.

Article 40

Anyone who violates the provisions of these Regulations shall be handled by the port administrative department according to the following provisions:

1. Anyone who changes arbitrarily the user of the port coastline, or use function or use scope of the coastline without approval, in violation of the provisions of Article 7 of these Regulations, shall be ordered to stop the use and make corrections within a prescribed time limit and a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed.

2. Anyone who temporarily uses the port coastline without approval, in violation of the provisions of Clause 1 of Article 8 of these Regulations shall be ordered to stop the use and make corrections within a prescribed time limit and a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed.

3. Anyone who fails to pay the fees for the use of the port coastline, in violation of the provisions of Article 9 of these Regulations shall be ordered to pay the fees in arrears within a prescribed time limit and be subject to a surcharge for delaying payment, equal to 0.3 percent of the overdue fees for each day, from the second day the payment becomes overdue; if the case is serious, a fine of not less than one but not more than five times the payable fees shall be imposed.

4. Anyone who fails to fulfill the obligation to report, in violation of the provisions of Article 2, Clause 1 of Article 34, Clause 3 of Article 37, or Clause 1 of Article 38 of these Regulations shall be ordered to make corrections within a prescribed time limit; if no corrections are made after the expiration of the prescribed time limit, a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed.

Article 41

Where the port administrative department fails to perform its functions and duties according to law, in violation of the provisions of these Regulations, its superior organ or the supervision organ shall order it to make corrections; if the legitimate rights and interests of the parties concerned are impaired, compensation shall be made in accordance with the provisions of the State Compensation Law.

Any staff member of the port administrative department that commits one of the following acts shall be given administrative sanction according to law by his/her own unit or the superior organ; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law:

1. failing to practice administrative license according to the conditions, the procedures and the time limit provided by these Regulations;

2. engaging, or engaging in a disguised form, in the port operation;

3. failing to be timely to investigate and handle the illegal acts found, thereby causing consequences;

4. extorting or accepting money and goods from other people, or seeking other interests; or

5. committing other illegal acts.

 

Chapter VI  Supplementary Provision

 

Article 42

These Regulations shall be effective as of March 1, 2006. The Regulations of Shanghai Municipality on the Administration of Transportation of Cargoes Arriving in Ports adopted at the 11th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on July 22nd, 1994 shall be repealed on the same date.