Article 1. These Regulations are formulated
for the purpose of implementing the Marine Environmental Protection
Law of the People's Republic of China so as to prevent pollution
damage to the marine environment by offshore oil exploration and exploitation.
Article 2. These Regulations shall apply to all enterprises, institutions,
operators and individuals engaged in offshore oil exploration and
exploitation in the sea areas under the jurisdiction of the People's
Republic of China, as well as the fixed and mobile platforms and other
related installations they use.
Article 3. The competent authority in charge of the environmental
protection in offshore oil exploration and exploitation shall be the
National Bureau of Oceanography of the People's Republic of China,
including its agencies, which is hereinafter referred to as "the
Competent Authority".
Article 4. While drawing up an overall development program for an
oil (gas) field, an enterprise or operator shall draw up a Marine
Environmental Impact Statement and submit it to the Ministry of Urban
and Rural Construction and Environmental Protection of the People's
Republic of China. The said Ministry shall, in conjunction with the
National Bureau of Oceanography and the Ministry of Petroleum Industry,
organize an examination of the Statement and take a decision on it
in accordance with the provisions concerning environmental protection
in state capital construction projects.
Article 5. A Marine Environmental Impact Statement shall consist of
the following items:
(1) The name, geographical location and size of the oil filed;
(2) The natural environment and condition of marine resources in the
sea area where the oil field is located;
(3) The types, composition, quantities and methods of disposal of
the wastes that need to be discharged in the course of exploiting
the oil field;
(4) An assessment of marine environmental impacts: the possible effects
of offshore oil exploitation on the natural environment and marine
resoures in the surrounding sea area; their possible effects on marine
fisheries, shipping and other offshore activities; and the environmental
protection measures proposed to be taken to avoid and mitigate various
adverse effects;
(5) The ultimately unavoidable effects and the extent and causes thereof;
and
(6) Measures to prevent major oil-pollution accidents, including,
among others, the preventional organization, personnel, technical
equipment, and communication and liaison.
Article 6. An enterprise, institution or operator shall have the ability
to meet emergencies with regard to the prevention and control of oil
pollution accidents, work out emergency plans, and be provided with
oil-recovery facilities as well as oil enclosure and elimination equipment
and materials commensurate with the scale of offshore oil exploration
and exploitation in which it is engaged.
When chemical dispersant is provided, its trademark and composition
shall be reported to Competent Authority for approval.
Article 7. The antipollution equipment for fixed and mobile platforms
shall conform to the following requirements:
(1) There shall be oil-water separators;
(2) The production platforms shall have equipment for treatment of
oily water, and the oil content of the discharged water after treatment
through such equipment shall conform to the national discharge standards;
(3) There shall be monitoring devices for oil discharge;
(4) There shall be recovery facilities for residual and waste oils;
(5) There shall be garbage-smashing equipment; and
(6) The above-mentioned equipment & facilities shall be inspected
by the vessels inspection agency of the People's Republic of China,
proved to be up to standard, and then granted a certificate of their
effectiveness.
Article 8. If the antipollution equipment of a fixed or mobile platform
already employed in offshore oil exploration and exploitation in the
sea areas under the jurisdiction of the People's Republic of China
before March 1, 1983 fails to meet the prescribed
requirements, effective measures shall be taken to prevent pollution
and to ensure that such equipment meets the prescribed requirements
within three years after the promulgation of these Regulations.
Article 9. Each enterprise, institution or operator shall carry insurance
or other financial guaranties in respect of civil liabilities for
pollution damage.
Article 10. A fixed or mobile platform shall have an Antipollution
Record Book printed in a form approved by the Competent Authority.
Article 11. Oily water shall not be discharged, either directly or
in diluted form, from any fixed or mobile platform. When the water
is discharged after treatment, its oil content must comply with the
state standards concerning oily water discharge.
Article 12. Requirements for the control of other wastes are as follows:
(1) Residual oil, waste oil, oil-based mud, oily garbage, and other
noxious liquid or residues shall be recovered and forbidden to be
discharged or dumped into the sea;
(2) The disposal of industrial garbage in large quantities shall be
controlled according to provisions concerning marine dumping, and
scattered industrial garbage may not be dumped into fishing areas
and navigation channels; and
(3) When it is necessary to dump domestic refuse within 12 nautical
miles from the nearest land, it must be smashed into grains with diameters
less than 25 mm.
Article 13. When offshore oil exploration and exploitation necessitates
dynamite explosion or other operations harmful to fishery resources
in important fishing grounds, effective measures shall be taken to
keep away from the spawning, breeding and fishing seasons for those
fishes and shrimps of major economic value. Such operations shall
be reported in advance to the Competent Authority and distinct signs
and signals shall be given while operations are carried out.
Upon receiving such a report, the Competent Authority shall promptly
inform the relevant units of the location and time of the operations.
Article 14. Offshore oil-storage installations and oil pipelines shall
meet the requirements against seepage, leakage and corrosion and be
kept in good conditions through regular inspection so as to prevent
oil leakage accidents.
Article 15. In the event of offshore-well testing, the oil and gas
shall be thoroughly burned through a burner. Effective measures shall
be taken to dispose of the oils and oily mixtures fallen into the
sea during the testing and a truthful record be made of such a disposal.
Article 16. In case pollution accidents such as oil spill or leakage
occur during operations, the enterprise, institution or operator involved
shall take prompt measures to enclose and recover the oil so as to
control, mitigate, and eliminate the pollution.
Major oil-pollution accidents involving massive oil spill, oil leakage
and/ or blowout shall immediately be reported to the Competent Authority
while effective measures are taken to control and eliminate the oil
pollution, and the accidents shall be subject to investigation and
disposition by the Competent Authority.
Article 17. The use of chemical dispersant shall be controlled in
such manners as follows:
(1) When an oil-pollution accident occurs, a small amount of chemical
dispersant may be applied to a limited amount of oil which is indeed
unrecoverable, provided that recovery measures have been taken;
(2) The amount of chemical dispersant (including its solvent) used
once for all shall be separately prescribed by the Competent Authority
in accordance with different sea areas and other conditions. The operator
shall submit a report to the Competent Authority in pursuance of relevant
provisions and may use the chemical dispersant only after permission
is granted;
(3) In such an emergency in which the oil spills unlikely to be recovered
may cause a fire or present serious threat to the safety of human
life and properties whereas, by using chemical dispersant, pollution
can be mitigated and the consequences of the accident prevented from
expanding, the amount of such dispersant to be used and the relevant
procedures for report may be exempt from the restrictions under paragraph
(2) of this Article. However, the facts of such an accident and the
use of chemical dispersant shall be reported in detail to the Competent
Authority after the accident has been dealt with; and
(4) Only the chemical dispersant approved by the Competent Authority
may be used.
Article 18. The operator shall make a truthful and detailed account
of the following circumstances in the platform's Antipollution Record
Book:
(1) The operation of the antipollution equipment and installations;
(2) The treatment and discharge of oily water;
(3) The disposal, discharge and dumping of other wastes;
(4) Oil-pollution accidents involving oil spill, oil leakage, blowout,etc.
and their disposition;
(5) The conducting of explosive operations;
(6) The use of chemical dispersant; and
(7) Other matters as may be stipulated by the Competent Authority.
Article 19. Enterprises and operators shall, within the 15 days after
each quarter of the calendar year, submit a comprehensive report to
the Competent Authority on the antipollution situation and pollution
accident of that quarter in a form approved by the latter.
The location of the fixed or mobile platforms shall be notified to
the Competent Authority without delay.
Article 20. Functionaries of, and persons designated by, the Competent
Authority have the right to board any fixed or mobile platform and
any other relevant installation for the purposes of monitoring and
inspection, including:
(1) Collecting various kinds of samples;
(2) Inspecting the provision, operation and use of the antipollution
equipment, installations and materials;
(3) Checking relevant documents and certificates;
(4) Inspecting the Antipollution Record Book and relevant operation
records and, when necessary, making duplications and extractions thereof
and asking the person in charge of the platform to certify that these
duplications and extractions are authenticated copies of the originals;
(5) Inquiring of the concerned persons about pollution accidents;
and
(6) Handling other relevant matters.
Article 21. The public-duty ships of the Competent Authority shall
be distinctly marked. In exercising their duties, the functionaries
and designated persons shall be dressed in official uniforms and carry
identity cards.
The inspected party shall furnish convenience to such public-duty
ships, functionaries and designated persons, provide accurate information
and state the facts.
Article 22. Entities and individuals claiming compensation on account
of pollution damage resulting from offshore oil exploration and exploitation
may, pursuant to the provisions of Article 32 of the Environmental
Protection Law of the People's Republic of China and Article 42 of
the Marine Environmental Protection Law of the People's Republic of
China, apply to the Competent Authority to deal with the claim for
compensation from the party causing the pollution damage. The injured
party shall submit a statement claiming compensation for pollution
damages, which shall consist of the following items:
(1) The time, place and area of and objects affected by, the pollution
damage caused by oil exploration and exploitation;
(2) A list of losses attributable to the pollution damage, including
articles, their quantities, unit prices, and the methods of calculation
as well as information concerning aquicultural and natural conditions;
(3) The document of appraisal by relevant scientific institutions
or certification by a notary body with regard to the damage; and
(4) The original document and evidence of the pollution damage, relevant
photographs, and other documentary evidence and materials relative
to the claim for compensation, which shall be provided as far as possible.
Article 23. When an entity or individual (except those with commercial
contracts) considers it necessary to put up a claim for clean-up expenses
incurred in the elimination of pollutants resulting from offshore
oil exploration and exploitation and applies to the Competent Authority
to deal with the claim, it shall submit to the Authority a statement
of claims for such clean-up expenses. The statement shall consist
of the following items:
(1) The time and place of, and objects involved in, each clean-up
operation;
(2) The manpower, machines, tools, vessels and materials used in each
clean-up operation, and the quantities, unit prices and their methods
of calculation;
(3) The administrative expenses, transportation expenses, and other
expenses involved in organizing such a clean-up operation;
(4) The effects of, and related information about, the clean-up operation;
and
(5) Other relevant evidences and documents.
Article 24. When an enterprise, institution or operator involved
in a pollution damage accident due to force majeure asks to be exempt
from compensation liabilities, it shall submit a report to the Competent
Authority. Such a report shall verify that the pollution damage
has really resulted from one of the causes specified in Article
42 of the Marine Environmental Protection Law of the People's Republic
of China and thus failed to be avoided in spite of the prompt and
reasonable measures taken.
Article 25. When dealing with a dispute over the compensation liabilities
or the sum to be paid for pollution damage from offshore oil exploration
and exploitation, the Competent Authority may settle the case through
conciliation on the basis of investigation.
In case a party rejects conciliation or contests the conciliation
proposals by the Competent Authority, the matter may be dealt with
in pursuance of Article 42 of the Marine Environmental Protection
Law of the People's Republic of China.
Article 26. An enterprise, institution or operator who has violated
the Marine Environmental Pro-Protection Law of the People's Republic
of China and the present Regulations shall be ordered by the Competent
Authority to remedy the pollution damage within a definite time,
pay the clean-up expenses incurred in eliminatingthe pollution,
and compensate for the losses sustained by the state,and those who
have discharged pollutants in excess of the set standards may be
ordered to pay discharge fees.
Article 27. The Competent Authority may, in light of circumstances,
give a warning to or impose a fine on any enterprise,institution,
operator or individual who have violated the Marine Environmental
Protection Law of the People's Republic of China or the present
Regulations.
Fines shall divided into the following categories:
(1) A fine of no more than Renminbi one-hundred thousand yuan imposed
on an enterprise, institution or operator for causing marine environmental
pollution.
(2) A fine of no more than Renminbi five thousand yuan imposed on
an enterprise, institution or operator for one of the following
unlawful acts:
(a) failure to report to the Competent authority on a major oil
pollution accident in accordance with relevant rules; and
(b) failure to observe the relevant rules in employing chemical
dispersant.
(3) A fine of no more than Renminbi one-thousand yuan imposed on
an enterprise, institution or operator for one of the following
wrongful acts:
(a) failure to provide an Antipollution Record Book as required;
(b) making irregular or counterfeit entries in the Antipollution
Record Book;
(c) failure to report or provide information on relevant matters
as required; and
(d) obstructing the above-mentioned functionaries or designated
persons in the exercise of their duties.
(4) An appropriate fine imposed on an individual directly liable
according to the seriousness of his case.
Article 28. In case a party refuses to accept the sanction decided
by the Competent Authority, the matter shall be dealt with in accordance
with the provisions of Article 41 of the Marine Environmental Protection
Law of the People's Republic of China.
Article 29. The Competent Authority shall commend and reward entities
and individuals who, on their own initiative, have reported on,
or accused the concealment of pollution damage accidents occurring
in oil exploration and exploitation by an enterprise, institution
or operator, or have provided evidence in that respect, or have
taken measures to mitigate such pollution damage.
Article 30. For the purposes of these Regulations:
(1) "Fixed and mobile platforms" refers to the drilling
vessels, drilling platforms and production platforms, as well as
other platforms mentioned in the Marine Environmental Protection
Law of the People's Republic of China;
(2) "Offshore oil exploration and exploitation" refers
to such operations as offshore oil exploration, exploitation, production,
storage and transportation through pipelines; and
(3) "Operator" refers to an entity engaged in operations
of offshore oil exploration and exploitation.
Article 31. These Regulations shall come into force from the day
of promulgation.
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