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| MARINE
ENVIRONMENT PROTECTION LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National
People's Congress and promulgated by Order No. 9 of the Standing Committee
of the National People's Congress on August 23,1982,and effective
as of March 1,1983)
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Article 1.This Law is formulated in order to
protect the marine environment and resources,prevent pollution damage,
maintain ecological balance, safeguard human health and promote the
development of marine programmes.
Article 2.This Law shall apply to the internal seas and territorial
seas of the People's Republic of China and all other sea areas under
the jurisdiction of the People's Republic of China.
All vessels,platforms,airborne vehicles and submersibles, as well
as all enterprises, institutions and individuals engaged in navigation,exploration,exploitation,production,scientific
research or other activities in the sea areas under the jurisdiction
of the People's Republic of China shall comply with this Law.
This Law shall also apply to the discharge of harmful substances and
the dumping of wastes done beyond the sea areas under the jurisdiction
of the People's Republic of China that cause pollution damage to sea
areas within the jurisdiction of the People's Republic of China.
Article 3. All units and individuals entering the sea areas under
the jurisdiction of the People's Republic of China shall have the
responsibility to protect the marine environment and shall have the
obligation to watch for and report on actions causing pollution damage
to the marine environment.
Article 4. The relevant departments under the State Council and the
people's governments of the coastal provinces, autonomous regions, and municipalities
directly under the Central Government may, as the need to protect the
marine environment requires, establish special marine reserves, marine sanctuaries and seashore scenic
and tourist areas and take corresponding measures to protect them. The designation of special marine reserves
and marine sanctuaries shall be subject to the State Council for approval.
Article 5.The environmental protection department under the State Council shall be in charge of the marine
environmental protection of the whole country.
The state administrative department of marine affairs shall be responsible for organizing
investigations and monitoring of and exercising surveilance over
the marine environment and conducting scientific research therein;it shall also be in
charge of environmental protection against marine pollution damage
caused by offshore oil exploration and exploitation and by the dumping
of wastes into the sea.
The Harbour Superintendency Administration of the People's Republic of
China shall be responsible for supervising, investigating and dealing with the discharge of pollutants from
vessels and for exercising surveillance over the waters of the port areas; it
shall also be in charge of environmental protection against pollution
damage caused by vessels.
The state fisheries administration and fishing arbour superintendency agencies shall be responsible
for supervising the discharge of pollutants by vessels in the fishing
harbours and for exercising surveillance over the waters thereof.
The environmental protection department of the armed forces shall be responsible
for supervising the discharge of pollutants by military vessels and exercising surveillance over
the waters of the naval ports.
The environmental protection departments of the coastal provinces,autonomous regions,and municipalities directly
under the Central Government shall be responsible for organizing,
coordinating, supervising and inspecting the marine environmental
protection work in their respective administrative areas and shall
be in charge of environmental protection against pollution damage
caused by coastal construction projects and land-sourced pollutants.
CHAPTER II PREVENTION OF POLLUTION DAMAGE TO
THE MARINE ENVIRONMENT BY COASTAL CONSTRUCTION PROJECTS
Article 6.Units in charge of coastal construction projects must,before
drawing up and submitting their project plan descriptions,conduct
scientific surveys of the marine environment,select suitable sites
in the light of natural and social conditions and formulate and submit Environmental
Impact Statements in accordance with relevant state regulations.
Article 7. Measures must be taken to protect the aquatic resources when
building harbours and oil terminals, as well as water conservancy
facilities and tidal power stations in estuaries. Dams to be built
across fish and crab migration routes shall be provided with appropriate
fish passage facilities.
Article 8. Facilities to receive and treat residual and waste oils, oil-polluted
water and other wastes, along with the necessary anti-pollution equipment
and monitoring and alarm devices, shall be installed at ports and
oil terminals.
Article 9. The development and utilization of tideland shall be subject to
comprehensive planning and strict administration. The reclamation of land from the sea, or other projects to enclose
sea areas, and the excavation of sand and gravel shall be strictly
controlled. For projects that are definitely necessary, Environmental
Impact Statements based on investigative research and comparison of economic results must be
prepared and submitted for approval to the environmental protection
departments of the relevant provinces, autonomous regions, or municipalities directly
under the Central Government.In the case of large-scale projects
to enclose sea areas,the statements must also be submitted to the environmental
protection department under the State Council for examination and
approval.
It is forbidden to destroy seashore shelter belts, scenic woods, scenic
rocks, mangroves and coral reefs.
CHAPTER III PREVENTION OF POLLUTION DAMAGE TO
THE MARINE ENVIRONMENT BY COASTAL CONSTRUCTION PROJECTS BY OFFSHORE OIL
EXPLORATION AND EXPLOITATION
Article 10.Enterprises engaged in offshore oil exploitation or their competent authorities shall,before
drawing up and submitting their project plan descriptions,prepare
Environmental Impact Statements,which shall include effective measures for the
prevention of pollution damage to the marine environment;the statements shall be submitted to the environmental protection
department under the State Council for examination and approval.
Article 11.When offshore oil exploration and other offshore activities involve
explosive operations, effective measures shall be taken to protect
fishery resources.
Article 12.Oils used in the course of exploration and exploitation shall
be put under strict control so as to prevent accidents from oil leakage.Residual
and waste oils shall be recovered and must not be discharged into
the sea.
Article 13. Oil-polluted water and oil mixtures from offshore oil
rigs, drilling platforms and oil extraction platforms may not be
directly discharged into the sea. When they are discharged after
recovery treatment, the oil content of the discharges may not exceed
the standards set by the state.
Article 14.Offshore oil rigs,drilling platforms and oil extraction platforms
may not dispose oil-polluted industrial wastes into the sea. The disposal
of other industrial wastes may not cause pollution damage to fishing
areas and shipping channels.
Article 15.When testing offshore wells, oils and oil mixtures may not be
discharged into the sea, and the gas and oil shall be thoroughly
flared so as to prevent pollution of the sea.
Article 16. Offshore oil pipelines and oil-storage installations shall always be
kept in good condition, as required for the prevention of seepage, leakage and corrosion, so as to prevent oil
leakage accidents.
Article 17. In exploring and exploiting offshore oil resources, appropriate
anti-pollution facilities and equipment shall be made available, and
effective technical measures shall be taken to prevent blowouts or
accidents from oil leakage.
Once a blowout or oil leakage accident occurs, the unit concerned
shall immediately report it to the state administrative department of marine affairs, take
effective measures to control and eliminate oil pollution and accept
the investigation and handling of the case by the department.
CHAPTER IV PREVENTION OF POLLUTION DAMAGE TO THE MARINE
ENVIRONMENT BY LAND-SOURCED POLLUTANTS
Article 18. The discharge of harmful substances into the sea by
coastal units must be conducted in strict compliance with the standards for discharge
and the relevant regulations promulgated by the state or the people's governments of provinces,
autonomous regions, and municipalities directly under the Central
Government.
No additional outlet for discharging sewage shall be allowed within
marine sanctuaries, aquacultural grounds and seashore scenic and
tourist areas. Those outlets already in existence before the
promulgation of this Law, where the discharge of pollutants is not
in conformity with the state standards, shall be improved within a
prescribed period of time.
Article 19. It is prohibited to discharge waste water containing
high-level radioactive matter into the sea.
Any discharge of waste water containing low-level radioactive
matter into the sea, when really necessary, shall be carried out in
strict compliance with the state provisions and standards concerning
radioactive protection.
Article 20. No medical sewage or industrial waste water carrying infectious
pathogens may be discharged into the sea before it has been properly treated and strictly sterilized, with
the pathogens therein exterminated.
Article 21. The discharge of industrial waste water and domestic
sewage containing organic and nutrient matter into bays, semi-closed seas and other sea areas with low capacities of
self-purification shall be controlled so as to prevent eutrophication
of the sea water.
Article 22. When discharging heated waste water into the sea,
measures shall be taken to ensure that the water temperature in the
adjacent fishing areas is kept within state water quality standards
in order to avoid damage to the aquatic resources by heat pollution.
Article 23. The use of chemical pesticides in coastal farmlands
shall conform to the state provisions and standards for the safe use of
pesticides.
Article 24. No unit may discard or pile up tailings, slags, cinders, garbage
and other wastes along seashores and beaches without the approval of
the environmental protection departments of the coastal provinces,
autonomous regions, or municipalities directly under the Central Government.
Those who have been approved by law to set up waste yards and treatment facilities along
seashores and beaches shall build dikes to prevent the wastes from
entering the sea.
Article 25. The environmental protection departments of the coastal
provinces, autonomous regions, and municipalities directly under
the Central Government and the river system administrative departments shall strengthen
their control over rivers that empty into the sea to prevent them from being polluted
and ensure the quality of the water in the estuaries.
CHAPTER V PREVENTION OF POLLUTION DAMAGE TO THE MARINE
ENVIRONMENT BY VESSELS
Article 26. No vessel may, in violation of the provisions of this Law, discharge
oils, oil mixtures, wastes and other harmful substances into the sea areas
under the jurisdiction of the People's Republic of China.
Article 27. Any oil tanker with a gross tonnage of 150 tons or more or any
other vessel with a gross tonnage of 400 tons or more shall be
fitted with appropriate anti-pollution equipment and facilities.
Any oil tanker with a gross tonnage of less than 150 tons and any
other vessel with a gross tonnage of less than 400 tons shall be
fitted with special containers for recovery of residual and waste
oils.
Article 28.Any oil tanker with a gross tonnage of 150 tons or more or any
other vessel with a gross tonnage of 400 tons or more shall carry
on board an Oil Record Book.
Any vessels carrying more than 2,000 tons of oil in bulk as cargo
shall hold a valid "insurance or other financial security certificate for civil liability
against oil pollution damage," or a "credit certificate
for civil liability against oil pollution damage, " or furnish
other financial credit guarantees.
Article 29.The discharge of oil-polluted water from an oil tanker with a gross tonnage of 150 tons or more or
any other vessel with a gross tonnage of 400 tons or more must be
conducted in compliance with the state standards and provisions for vessel
sewage discharge and shall be truthfully recorded in the Oil Record
Book.
Article 30.The discharge of hold-washings and other residues by vessels
carrying noxious or corrosive goods must be conducted in compliance with
the state provisions for vessel sewage discharge and shall be truthfully
recorded in the Logbook.
Article 31.The discharge of radioactive substances from nuclear-powered
vessels or vessels carrying such substances must be conducted in
compliance with the provisions of Article 19 of this Law.
@@ Article 32.Vessels, when bunkering or loading and unloading oil,
must observe operating instructions and take effective measures to
prevent oil spills.
Article 33.Shipbuilders and ship repairing, scrapping and salvaging units shall
be provided with anti-pollution equipment and facilities. During operations, preventive
measures shall be taken against pollution of the sea by oils, oil
mixtures and other wastes.
Article 34.In case pollution has resulted from an abnormal discharge of
oils,oil mixtures or other harmful substances, or from the spilling overboard
of noxious or corrosive goods, the vessel concerned shall immediately
take measures to control and eliminate such pollution and shall report the
matter to the nearest harbour superintendency administration for investigation
and settlement.
Article 35.If a vessel is involved in a marine accident which has caused,or is likely to cause,
a serious pollution damage to the marine environment,the Harbour Superintendency
Administration of the People's Republic of China shall have the power to compel action
to avoid or minimize such a pollution damage.
Article 36.All vessels have the obligation to guard against pollution of the sea. Upon discovering
violations of regulations or occurrences of pollution, they shall immediately report them to
the nearest harbour superintendency administration; fishing boats
may also report such occurrences to the nearest fisheries administration
and fishing harbour superintendency agency.
Article 37.In the event of pollution caused by a vessel navigating,berthing or operating in a sea area under the
jurisdiction of the People's Republic of China, officers from the
Harbour Superintendency Administration of the People's Republic of
China shall board the vessel in question to examine and handle the
case. Officers from relevant government departments authorized by
the Harbour Superintendency Administration may also board the vessel to
conduct examinations and report the results thereof to the Administration
for settlement.
CHAPTER VI PREVENTION OF POLLUTION DAMAGE
TO THE MARINE ENVIRONMENT BY DUMPING OF WASTES
Article 38. No unit may dump any kind of waste into the sea areas
under the jurisdiction of the People's Republic of China without the
permission of the state administrative department of marine affairs.
Units that need to dump wastes must file an application with the
state administrative department of marine affairs and the dumping
may be carried out only after a permit has been granted by the department.
Article 39. Units that have obtained permits for dumping wastes
shall dump wastes at the designated place, within the time limit
and in accordance with the conditions specified in the permit.
Wastes to be dumped shall be verified by the approving department
after their loading. Wastes to be dumped by means of vessels shall
be supervised and verified by the harbour superintendency administration
at the port of departure.
Article 40. Units that have obtained permits for dumping wastes
shall make a detailed record of such operations and present a written report
to the approving department thereafter. Vessels that have finished the said
dumping must present a written report to the harbour superintendency
administration at the port of departure.
CHAPTER
VII LEGAL LIABILITIES
Article 41.In the case of a violation of this Law that has caused or
is likely to cause pollution damage to the marine environment,the
competent authorities prescribed in Article 5 of this Law may order the violator to remedy the pollution damage
within a definite time, pay a pollutant discharge fee, pay the cost for eliminating the pollution and
compensate for the losses sustained by the state; they may also give
the violator a warning or impose a fine. An involved party contesting
the decision may file a suit in a people's court within 15 days after
it has received the written decision.If a suit has not been filed
and the decision has not been carried out upon the expiration of that
period, the competent authorities shall request the people's court to
enforce the decision in accordance with the law.
Article 42.Units or individuals who have suffered damage caused by marine environmental pollution
shall be entitled to claim compensation from the party which caused the pollution damage.
Disputes over the compensation liability and the amount of compensation may
be settled by the competent authorities.If a party contests the decision,
the matter may be settled either by resorting to the procedures specified in the
Civil Procedure Law of the People's Republic of China or by filing
a suit directly with the people's court.
Article 43. Compensation liability may be exempted if pollution
damage to the marine environment cannot be avoided, despite prompt
and reasonable measures taken, when the pollution damage is caused
by any of the following circumstances:
(1)acts of war;
(2)irresistible natural calamities; or
(3)negligence or other wrongful acts in the exercise of the functions of departments responsible for the
maintenance of beacons or other navigational aids. In the case of pollution
damage to the marine environment resulting entirely from the intentional or wrongful act of a third party,
that party shall be liable for compensation.
Article 44.In cases where violations of this Law result in pollution damage
to the marine environment and cause heavy losses to public or private property or
deaths or injuries to persons, those who are directly responsible may be prosecuted for
criminal responsibility by judicial organs in accordance with the
law.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 45.For the purpose of this Law,the definitions of the following
terms are:
(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 activities at sea, impairment of the useful quality of sea water and
degradation of environmental quality.
(2)"Fishing areas" means spawning grounds, feeding grounds,
wintering grounds and migration channels of fish and shrimp as well
as aquacultural grounds of fish, shrimp, shellfish and aquatic plants.
(3)"Oils" means any kind of oil and its refined products.
(4)"Oil mixtures" means any mixtures containing oil.
(5)"To discharge" means to drain pollutants into the sea,
including pumping, spilling, releasing, gushing and pouring.
(6)"To dump" means to dispose of wastes or other harmful
substances into the sea from vessels,airborne vehicles, platforms
or other means of transport, including the abandonment of vessels,airborne vehicles,platforms and other floating
apparatus.
Article 46.Where existing provisions concerning marine environmental
protection contradict this Law, this Law shall prevail.
Article 47.The environmental protection department under the State Council may,
in accordance with this Law, formulate rules for its implementation, which
shall be put into effect after being submitted to and approved by
the State Council.
The relevant departments under the State Council and the standing committees of the people's
congresses and people's governments of the coastal provinces,autonomous regions,and
municipalities directly under the Central Government may, in accordance with this Law,work out concrete measures
for its implementation,taking into consideration the actual conditions
prevailing at the departments or localities concerned.
Article 48. This Law shall come into force as of March 1, 1983.
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