Marine Environmental Protection Law of the
People's Republic of China
(Adopted 23 December 1999 by the 13th Conference of the 9th Session of the Standing Committee of the National People's Congress)
The Law went into force on 1 April 2000.
Table of Contents
Chapter 1 - General Overview
Chapter 2 - Marine Environmental Supervision and Management
Chapter 3 - Marine Ecological Protection
Chapter 4 - Prevention and Control of Pollution Damage to the Marine Environment by Land Based Pollutants
Chapter 5 - Prevention and Control of Pollution Damage to the Marine Environment by Coastal Engineering and Construction Projects
Chapter 6 - Prevention and Control of Pollution Damage to the Marine Environment by Marine Engineering and Construction Projects
Chapter 7 - Prevention and Control of Pollution Damage to the Marine Environment by Waste Disposal
Chapter 8 - Prevention and Control of Pollution Damage to the Marine Environment by Boats and Ships and Related Operations
Chapter 9 - Legal Responsibility
Chapter 10 - Supplementary Articles
Chapter 1 - General Overview
Article 1 - These regulations have been formulated to protect and improve the marine environment, protect marine resources, prevent and control pollution damage, safeguard ecological balance, protect public health, and advance sustainable economic and social development.
Article 2 - These regulations apply to PRC domestic waters, territorial waters, contiguous zones, exclusive economic zones, the continental shelf, and other maritime regions under the jurisdiction of the PRC.
All navigation, exploration, development, manufacturing, tourism, scientific research, and other activities conducted in maritime areas under the jurisdiction of the PRC, or any unit or individual engaging in activities having an impact on the marine environment in coastal areas must act in accordance with these laws.
Anything creating pollution in sea areas under the jurisdiction of the PRC outside of sea areas under the jurisdiction of the PRC must also act in accordance with these laws.
Article 3 - The State will establish and implement overall control systems for the elimination of pollution in key maritime areas, set principal control quotas for total discharge of pollutants into the sea, and issue discharge control quantities for principal sources of pollution. Specific methods will be set by the State Council.
Article 4 - All units and individuals have a responsibility to protect the marine environment as well as the right to carry out supervision and reporting of units and individuals who have incurred pollution damage to the marine environment and marine environment supervisory and management personnel who have engaged in illegal activities or dereliction of duty.
Article 5 - The State Environmental Protection Administration (SEPA) is a consolidated supervisory and managerial department for national environmental protection work. It carries out guidance, coordination and supervision of national marine environmental protection work, and is responsible for environmental protection work of national prevention and control of marine pollution damage by land based pollutants and coastal engineering and construction projects.
The State Marine Administration is responsible for supervision and management of the marine environment and organization of investigations, monitoring, lookout, evaluation, and scientific research of the marine environment. It is responsible for the environmental protection work of national prevention and control of marine pollution damage from marine engineering and construction projects and waste disposal into the seas.
The State Maritime Affairs Administration is responsible for supervision and management of non-fishing and non-military shipping pollution of the marineenvironment as well as investigation and handling of contamination accidents. It is also responsible for recording, investigating, and handling contamination accidents incurred by ships of foreign registry while navigating, anchoring in, and operating in marine areas under the jurisdiction of the PRC. Shipping contamination accidents which result in damage to the fishing industry should involve the Fishery Administration in the investigation and handling of the matter.
The State Fishery Administration is responsible for supervision and management of pollution to the marine environment by non-military ships inside fishing port waters and fishing boats outside fishing port waters. They are responsible for protecting the ecological environment of fishing waters, as well as investigating and handling fishing contamination accidents other than those contamination accidents stipulated in the previous paragraph.
The Military Environmental Protection Department is responsible for supervision and management of pollution to the marine environment by military ships and boats as well as investigation and handling of contamination accidents.
Local People's Government branches in coastal areas above the county level must follow these laws set by the province, autonomous region, or municipality directly under the Central Government and related regulations of the State Council in performing duties regarding supervision and management of the marine environment.
Chapter 2 - Supervision and Management of the Marine
Environment
Article 6 - The State Marine Administration will formulate the national marine function districts with related departments of the State Council and the People's Government branches of coastal provinces, autonomous regions, and municipalities directly under the Central Government, and they will submit it to the State Council for approval. Each level of the People's Government in coastal localities must utilize the maritime districts in a scientific and reasonable manner in accordance with national and local marine function districts.
Article 7 - The State will formulate a plan for national marine environmental protection in accordance with the marine function districts and a regional marine environmental protection plan for key maritime areas. People's Government branches of related coastal provinces, autonomous regions, and municipalities directly under the Central Government that adjoin key maritime areas, along with departments exercising supervisory and managerial authority over the marine environment, can establish cooperative regional organizations for marine environmental protection and to take responsibility for carrying out the regional marine environmental protection plans of key maritime regions, prevention and control of marine environmental pollution, and protection of the marine ecology.
Article 8 - Marine environmental protection work that crosses over regions will be worked out by the local coastal People's Government branches concerned, or it will be worked out by a higher level of the People's Government. Significant marine environmental protection work involving more than one department will be coordinated by the SEPA. When that coordination does not resolve the issue, it will be decided by the State Council.
Article 9 - The State marine environmental quality standards will be determined by the State in accordance with the marine environmental quality situation along with the national economic and technological circumstances. People's Government branches of coastal provinces, autonomous regions, and municipalities directly under the Central Government can formulate regional marine environmental quality standards on marine environmental quality standards that have not yet been set by the State.
All levels of the People's Government in coastal areas will determine the goals and tasks for marine environmental protection in accordance with State and locally stipulated marine environment quality standards and the marine environment quality situation of the administrative area of the nearby coastal maritime region in question. They will also bring it into line with the work plan of the People's Government and carry out administration according to the relevant marine environmental quality standards.
Article 10 - Formulation of State and local water pollutant discharge standards must treat State and local marine environmental quality standards as the most important foundation. Overall control quotas for discharge of principal ocean pollutants must also be treated as an important foundation in the key maritime areas where the State establishes and implements overall control systems for the elimination of pollution, and in the stipulation of water pollutant elimination standards.
Article 11 - Units and individuals directly discharging marine pollutants must pay pollution discharge fees according to State regulations. Those disposing waste into the seas must pay disposal fees according to State regulations. Discharge fees and disposal fees collected in accordance with these regulations must be used to rectify marine environmental pollution and must not be diverted for other uses. Specific methods will be stipulated by the State Council.
Article 12 - Those who have exceeded the pollutant discharge standards, or who have failed to meet the required reduction of pollutant discharge within the stipulated time period, or who have incurred serious pollution damage to the marine environment, must be dealt with in a specified period of time. The specified time period will be decided according to the jurisdiction stipulated by the State Council.
Article 13 - In strengthening scientific and technological research and development for the prevention and control of pollution damage to the marine environment, the State will put a system of elimination into effect for backward manufacturing industries and backward facilities that are seriously polluting the marine environment.
Enterprises must give priority to utilizing clean energy resources, adopting a high resource utilization ratio, and clean production technology with low pollutant discharge in order to prevent pollution to the marine environment.
Article 14 -- The State Marine Administration manages investigation, monitoring, oversight, and formulation of specific implementation methods for the national marine environment according to State environmental monitoring standards. The Administration can organize national marine environmental monitoring and lookout networks, and assess at regular intervals the quality of the marine environment and issue marine cruise lookout reports.
Departments exercising supervisory and managerial authority over the marine environment in accordance with these regulations are responsible for monitoring and oversight of their respective waters.
All other related departments are responsible for monitoring of principal pollutant discharge areas such as seaports and the mouths of rivers according to national marine environmental monitoring standards.
Article 15 - Relevant departments of the State Council must provide to the SEPA marine environmental monitoring data needed to compile the national environmental quality report.
The SEPA must provide data relevant to supervision and management of the marine environment to related departments.
Article 16 - The State Marine Administration is responsible for managing comprehensive marine information systems according to State mandated environmental monitoring and oversight information management systems so as to service the supervision and management of marine environmental protection.
Article 17 - As a result of accidents or other sudden incidents that have occurred, units and individuals who incur or may incur contamination accidents to the marine environment must immediately take effective measures to promptly notify potential victims [garbled line].
When the environment in a marine area near the coast is seriously polluted, the People's Government that is above the coastal county level for the administrative region in question must take effective measures to eliminate or alleviate the damage.
Article 18 - The State will formulate a national contingency plan for serious contamination accidents on the sea in accordance with the requirements for preventing marine environmental pollution.
The State Marine Administration is responsible for formulating a national contingency plan for significant sea-based oil spills in the course of exploration and development of marine petroleum. The plan should be on record with the SEPA.
The State Maritime Affairs Administration is responsible for formulating a national contingency plan for significant sea-based oil spill contamination accidents from marine vessels. The plan should be on record with the State Administration of Environmental Protection.
Coastal units that are at risk of serious marine environment contamination accidents should formulate a contamination accident contingency plan according to State regulations. The plan should be put on record with the local environmental protection administration and marine administration.
In the even of a significant sea-based contamination accident, the People's Government above the coastal county level and its related departments must eliminate or alleviate the damage in accordance with the contingency plan.
Article 19 - Departments exercising supervisory and managerial authority over the marine environment in accordance with these regulations can carry out joint enforcement on the sea. In the event that a marine contamination accident or activity in violation of these laws is discovered while conducting cruise monitoring, the activities should be stopped and evidence should taken. The department in question is authorized to take effective measures where necessary to prevent worsening of the pollution. The matter should be reported to the related authority to be handled.
Departments exercising supervisory and managerial authority over the marine environment in accordance with these regulations have authority to carry out spot investigations of units and individuals discharging pollutants within the scope of their jurisdiction. The party being investigated must present their situation according to the facts and provide necessary data.
The investigating body must protect the technological secrets and industrial secrets of the party being investigated.
Chapter 3 - Marine Ecological Protection
Article 20 - The State Council and each level of the coastal regional People's Government must adopt effective measures to protect such representative marine ecological systems, as mangrove forests, coral reefs, coastal wetlands, islands, bays, seaports and river mouths, and important fishing territories, natural habitats of rare and endangered marine species, habitats of marine species with significant economic value, and areas of marine natural historical evidence and natural landscape with significant scientific and cultural value.
Reparation and restoration of marine environments that have already been harmed and possess significant economic and social value should be carried out.
Article 21 - Relevant departments of the State Council and provincial level People's Governments on the coast must select and establish marine nature preserves based on what is needed to protect the marine ecology.
The State Council must approve establishment of State-level marine nature preserves.
Article 22 - Marine nature preserves must be established under any of the following conditions:
(1) Areas with typical marine physical geography, areas with representative natural ecology, and natural marine ecological areas that have been damaged but can be restored;
(2) Areas with a rich variety of marine species, or coral reefs and natural habitat of endangered marine species;
(3) Areas with special protection value such as sea areas, coastal areas, islands, coastal wetlands, seaports, river mouths, and bays, etc.;
(4) Marine areas that have natural vestiges of significant scientific and cultural value;
(5) Other areas requiring special protection.
Article 23 - Any area with special geographical conditions, ecological systems, organic and non-organic resources, and special requirements for marine development and utilization can establish a marine special protection area, adopting effective measures for protection as well as scientific development methods to carry out special management.
Article 24 - Development and utilization of marine resources must be equitably planned according to the marine function district and cannot damage the marine ecological environment.
Article 25 - Introduction of marine plant and animal species must undergo scientific proof in order to avoid creating a hazard to the marine ecological system.
Article 26 - Strict measures for ecological protection must be adopted in the development of the resources of islands and their surrounding areas, and such development shall not result in any damage to the island terrain, beaches, vegetation, and the ecological environment of area surrounding the island.
Article 27 - Each level of the People's Government in coastal regions must integrate the special characteristics of the indigenous natural environment, build coastal protection facilities, coastal shelter-forests, parks and green areas in coastal cities and towns, and comprehensively tackle the issues concerning coastal erosion and areas of seawater incursion.
Destruction of coastal protection facilities, coastal shelter-forests, and parks and green areas in coastal cities and towns is forbidden.
Article 28 - The State encourages development of ecological fisheries, popularization of varied methods for ecological fishery production, and improvement of the marine ecological situation.
Environmental impact evaluations must be carried for new construction, reconstruction, and expansion of seawater fish farms.
Seawater fish farms must scientifically determine the cultivation density, rationally distribute bait and fertilizer, and accurately utilize medicines in order to preventpollution to the marine environment.
Chapter 4 - Prevention and Control of Pollution Damage to the Marine Environment by Land Based Pollutants
Article 29 - Strict State or locally regulated standards and related regulations must be carried out with regard to the discharge of land based pollutants into the sea.
Article 30 - The selection of locations for pollutant discharge outlets into the sea must be examined and approved by the Environmental Protection Administration of the People's Government above the municipal level based on the marine function district, seawater dynamics, and related regulations after having been scientifically proven.
Before approving the installation of a pollutant discharge outlet into the sea, the Environmental Protection Administration must solicit the opinions of the Marine Administration, the Maritime Affairs Administration, the Fishery Administration, and the Military Environmental Protection Department.
New pollutant discharge outlets may not be established in marine nature preserves, significant fishing waters, famous coastal scenic spots, and other areas requiring special protection.
In regions meeting the conditions, deep-water pollutant discharge outlets should be installed to carry out discharge away from the coast. Installation of deep-water land based pollutant discharge outlets for discharge away from the coast must be determined based on the relevant circumstances of the marine function district, seawater dynamics, and seabed engineering installations, and specific methods will be regulated by the State Council.
Article 31 - The People's Government Environmental Protection Administration and Water Administration of a province, autonomous region, or municipalitydirectly under the Central Government must strengthen management of river flow into the sea and pollution prevention according to the applicable laws regulating prevention of water pollution in order to improve the quality of water flowing into the sea at the river's mouth.
Article 32 - Units discharging land based pollutants must report the land based pollutant facilities, treatment facilities, and types, quantities, and concentration of land based pollutants they discharge under normal working conditions to the Environmental Protection Administration. They must also provide technology and data relevant to the prevention of marine environmental pollution.
Significant changes to the types and quantities of land based pollutants being discharged must be promptly reported.
The approval of the EPA must be solicited before a land based pollutant treatment facility is dismantled or laid idle.
Article 33 - Discharge of oils, acids, destructive waste liquids, and high- and mid-level radioactive wastewater is prohibited.
Discharge of low-level radioactive wastewater into the sea is strictly limited. State radiation protection regulations must be strictly implemented where there is a definite need for this type of discharge.
Discharge of organic materials that are not easily degradable and heavy metal wastewater is strictly controlled.
Article 34 - Medical treatment sewage containing pathogens, domestic sewage, and industrial wastewater must be treated to meet relevant State discharge standards before being discharged into the sea.
Article 35 - Discharge of industrial wastewater containing organic and nutrition substances and domestic sewage into bays, semi-closed waters, and other marine areas with relatively poor self-cleaning capability must be strictly controlled.
Article 36 - Effective measures must be adopted to ensure that the water temperature of fishing waters adjacent to discharge into the sea of hot wastewater is in keeping with State marine environment quality standards and to prevent hot pollution from harming aquatic resources.
Article 37 - The use of chemical pesticides in coastal farmland and tree farms must be in keeping with State pesticide safety use regulations and standards.
Coastal farmland and tree farms must make rational use of chemical fertilizers and growth regulators.
Article 38 - Discarding, piling up, and disposing of tailings, slag, coal ash residue, rubbish or any other solid waste in coastal areas will be dealt with in accordance with applicable regulations of "Laws of the People's Republic of China Regarding Prevention and Control of Solid Waste Pollution to the Environment".
Article 39 - Transfer of dangerous waste through domestic or territorial waters of the People's Republic of China is forbidden.
Written approval of the SEPA must be obtained prior to transfer of dangerous waste through any other sea area under the jurisdiction of the PRC.
Article 40 - The People's Government in coastal cities must construct and perfect urban drain pipe networks and do planned construction of urban sewage treatment plants or other sewage collection treatment facilities in order to strengthen the overall handling of urban sewage.
Construction of sewage marine handling projects must be in keeping with applicable State regulations.
Article 41 - The State will adopt necessary measures to prevent, reduce, and control pollution damage to the marine environment created by or through the atmosphere.
Chapter 5 - Prevention and Control of Pollution Damage to the Marine Environment by Coastal Engineering and Construction Projects
Article 42 - New construction, renovation, or expansion of coastal construction projects must abide by relevant State regulations regarding environmental protection management of construction projects. Funds required for pollution prevention must be included in the project's investment plan.
Coastal construction projects that deal with pollution to the environment, destroy scenic views, or any other activity in legally mandated marine nature preserves, famous coastal scenic spots, significant fishing waters, and other areas requiring special protection is not permitted.
Article 43 - Units working on coastal construction projects must carry out scientific investigation regarding the marine environment during the project's feasibility research phase. They must select a site rationally and prepare an environmental impact report on the basis of the natural and social conditions. After presentation of the environmental impact report to the Marine Administration for examination and opinion, it should be submitted to the EPA for examination and approval.
Prior to approving the environmental impact report, the EPA must solicit the opinions of the Maritime Affairs Administration, the Fishery Administration, and the Military Environmental Protection Department.
Article 44 - The environmental protection facilities of coastal construction projects must be planned, constructed, and put into production simultaneously with the main construction project. The construction project may not begin until the environmental protection facilities have been inspected and approved by the EPA. The project may not be put into production or utilized until the environmental protection facilities have been checked and accepted by the EPA or if experience shows that it is not up to standard.
Article 45 - New construction on coastal land areas of chemical pulp paper manufacturing facilities, chemical plants, printing and dyeing mills, tanneries, electroplating facilities, breweries, oil refineries, coastal ship dismantling facilities, or any other industrial manufacturing facility that seriously pollutes the marine environment and does not have effective control measures is forbidden.
Article 46 - Coastal project construction must adopt effective measures to protect State and local key protected wildlife and vegetation and their habitats as well as marine aquatic resources.
Excavation of sandstone, opencast mining of coastal sandstone ore, and offshore mining is strictly restricted. Effective measures must be adopted for the prevention of pollution to the marine environment.
Chapter 6 -- Prevention and Control of Pollution Damage to the Marine Environment by Marine Engineering and Construction Projects
Article 47 - Marine engineering and construction projects must conform with marine function district, the marine environmental protection program, and relevant State environmental protection standards. They must compile a marine environmental impact report during the feasibility research phase to be checked and approved by the Marine Administration and reported to the EPA. Projects are subject to monitoring by the EPA.
Prior to approving the marine environmental impact report, the Marine Administration must solicit the opinions of the Maritime Affairs Administration, the Fishery Administration, and the Military Environmental Protection Department.
Article 48 - The environmental protection facilities of marine engineering and construction projects must be planned, constructed, and put into production simultaneously with the main construction project. The construction project may not begin until the environmental protection facilities have been inspected and approved by the Marine Administration. The project may not be put into production or utilized until the environmental protection facilities have been checked and accepted by the Marine Administration or if experience shows that it is not up to standard.
The approval of the Marine Administration must be solicited before an environmental protection facility is dismantled or laid idle.
Article 49 - Marine engineering and construction projects may not utilize materials containing radioactive substances that exceed the standards or soluble toxic substances.
Article 50 - In the event that a marine engineering or construction project requires blasting operations, effective measures must be taken to protect the marine resources.
During the process of exploration, development, and piping of offshore oil, effective measures must be taken to prevent the incidence of oil spills. (continued)
Article 51 - The oil-contaminated water and oily mixtures from offshore drilling ships, drilling platforms, and oil recovery platforms must be treated to reach standards before being discharged. Residual oil and waste oil must be reclaimed and may not be discharged. The oil content of that which is discharged after reclamation treatment may not exceed State mandated standards.
The oil-based slurry and other toxic compound slurries used for drilling many not be discharged into the sea. Discharge of water-based slurries and non-toxic compound slurries and drill chips must be in keeping with applicable State regulations.
Article 52 -- Offshore drilling ships, drilling platforms, oil recovery platforms, and other related sea-based facilities may not dispose of industrial wastes containing oil into the sea. Disposal of other industrial wastes may not create marine environment pollution.
Article 53 - Testing for oil at sea should ensure that the oil vapor is thoroughly combusted. Oil and oily compounds may not be discharged into the sea.
Article 54 - An oil spill contingency plan must be compiled according to applicable regulations for the exploration and development of offshore oil. This plan must be reported to the State Marine Administration for examination and approval.
Chapter 7 -- Prevention and Control of Pollution Damage to the Marine Environment by Waste Disposal
Article 55 - No unit may dispose of any waste into waters under the jurisdiction of the PRC without the approval of the State Marine Administration.
Units needing to dispose of waste may do so only after receiving permission of the State Marine Administration through submission of an application for examination and approval.
Disposal of waste from outside the borders of the PRC is prohibited in sea areas under the jurisdiction of the PRC.
Article 56 - The State Marine Administration will formulate evaluation procedures and standards for marine waste disposal on the basis of the toxicity of the waste, the toxic substance content, and the level of impact on the marine environment.
Graded management of waste disposal into the sea should be carried out based on the type and quantity of the waste.
A list of the waste items that can be disposed into the sea will be drawn up by the State Marine Administration. After being submitted to the SEPA for examination and opinion, the list will be submitted to the State Council for approval.
Article 57 - Marine disposal areas will be designated by the State Marine Administration on the basis of the principles of science, reason, economics, and safety. The list will be submitted to the SEPA for examination and opinion, and then to the State Council for approval.
Temporary marine disposal areas will be approved by the State Marine Administration and put on record with the SEPA.
Prior to the State Marine Administration designating marine disposal areas and approving temporary marine disposal areas, the opinions of the State Maritime Affairs Administration and Fishery Administration must be solicited.
Article 58 - The State Marine Administration will supervise and manage the use of disposal areas and organize environmental monitoring of the disposal areas. The State Marine Administration should close disposal areas that should no longer be used, terminating all disposal activities at that site, and report the closing to the State Council.
Article 59 - Units that have obtained approval for waste disposal must carry out the disposal in a designated area in accordance with the time period and conditions by the permit. After the waste has been loaded, the licensing department should check it.
Article 60 - Units that have obtained approval for waste disposal should record the circumstances of the disposal in detail and make a written report to the licensing department after disposal. Boats and ships disposing of waste must make a written report to the Maritime Affairs Administration of the port from which they sailed.
Article 61 - Burning of waste at sea is forbidden. Disposal of radioactive waste or other radioactive substances at sea is forbidden. The exempt concentration of radioactive substance in waste materials will be set by the State Council.
Chapter 8 - Prevention and Control of Pollution Damage to
the Marine Environment by Boats and Ships and Other Related
Operations
Article 62 - No boat, ship, and other related operations may act in violation of these laws by discharging pollutants, waste, ballast water, on-board refuse, and other harmful materials while in maritime areas under the jurisdiction of the PRC.
Article 63 - Boats and ships must hold a marine environmental pollution prevention certificate and documentation in accordance with the applicable regulations. They should keep records strictly according to the facts when carrying out discharges and operations involving pollutants.
Article 64 - Boats and ships must employ relevant pollution prevention equipment and materials.
The structure and equipment of marine vessels carrying goods with a contamination hazard should be able to prevent or reduce the contamination of the goods to the marine environment.
Article 65 - Boats and ships should abide by the marine transportation safety laws, rules, and regulations so as to prevent sea accidents resulting in contamination of the marine environment due to collision, running onto a reef or rocks, running aground, fire, or explosion.
Article 66 -- The State will perfect and implement a civil compensation responsibility system for oil contamination damage from marine vessels. In accordance with the principle that the risk for compensation responsibility due to oil contamination by marine vessels is to be borne by the ship owner and the cargo owner, boat and ship oil contamination insurance will be set up as well as a compensation fund system for oil contamination damage.
The specific methods for implementation of the boat and ship oil contamination insurance and the oil contamination damage compensation fund system will be set by the State Council.
Article 67 - The carrier, cargo owner, or agent of a boat or ship carrying contamination hazardous goods into port must first make a declaration to the Maritime Affairs Administration. Following approval, they may enter the port, pass through the territory and stop, or conduct loading and unloading operations.
Article 68 - The documentation, packaging, markings, and quantity restrictions consigned to marine vessels carrying contamination hazardous goods must conform with regulations related to the goods being carried.
Goods with an unclear contamination hazard that need to be carried by marine vessels should first be evaluated in accordance with applicable regulations.
Ships conducting loading and unloading operations of oil products and toxic dangerous goods must abide by rules for safe contamination prevention at both ends of the voyage.
Article 69 - Ports, docks, loading and unloading stations, and boat and ship repair facilities must posses sufficient acceptance facilities for the handling of boat and ship contaminants and waste materials according to applicable regulations, and they must keep these facilities in excellent condition.
Ports, docks, loading and unloading stations, and marine vessels where loading and unloading of oil products is conducted must compile an oil spill contingency plan and be outfitted with corresponding contingency equipment and tools for an oil spill. Article 70 - Before engaging in the following activities, applicable agencies should first be contacted for approval or permission in accordance with applicable regulations:
(1) Boats and ships using incinerators while in port;
(2) Boats and ships conducting such operations as in port cleaning, (qing cang), (qu qi), discharging ballast water or remaining oil, oil-containing wastewater acceptance, overboard (kaochan), and painting;
(3) Boats and ships, docks, and facilities utilizing chemical oil solvents;
(4) Boats and ships washing decks stained with contaminants and toxic, dangerous substances;
(5) Boats and ships conducting bulk freight barge operations of liquid contamination hazardous goods;
(6) Engaging in sea borne dismantling of marine vessels, salvage, and other sea borne or underwater boat and ship construction operations.
Article 71 - In the event that a boat or ship has an accident at sea that creates or may create significant pollution damage to the marine environment, the State Maritime Affairs Administration has authority to enforce the adoption of measures to prevent or reduce the pollution damage.
In the event of an accident at sea resulting in significant contamination damage to waters under the jurisdiction of the PRC or marine vessels that possess a contamination threat, the State Maritime Affairs Administration has authority to take the necessary measures that suit the actual or potential damage.
Article 72 - All marine vessels have a duty to keep watch for marine pollution. In the event that a contamination accident at sea or actions in violation of these laws is discovered, the vessel must immediately report it to the closest agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations.
In the event that a civil aircraft discovers a pollution discharge at sea or a contamination incident, they must promptly report it to the closest civil aviation transportation management unit. Upon receiving the report, the unit should immediately circulate the notice to the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations. (continued)
Chapter 9 - Legal Responsibility
Article 73 - Anyone acting in violation of these laws by any of the following will be ordered to stop such action within a specified time period by the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations, and a fine will be imposed:
(1) Discharge into the sea of pollutants or other substances forbidden by these laws;
(2) Discharge of pollutants into the sea not in accordance with these laws, or discharge of pollutants in excess of the standards set forth;
(3) Waste disposal into the sea without having obtained a permit for marine disposal;
(4) Failure to take immediate measures in the event of an accident or other sudden event resulting in a marine environment contamination accident.
Action as described in either Paragraph One or Three above will be fined not less than 30,000 yuan and not more than 300,000 yuan. Action as described in either Paragraph 2 or 4 above will be fined of not less than 20,000 yuan and not more than 100,000 yuan.
Article 74 - Anyone acting in violation of these laws by any of the following will be given warning by the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations, or a fine will be imposed:
(1) Failure to make a report in accordance with the regulations, refusing to report a matter related to the discharge of contaminants, or practicing fraud in the course of making such a report;
(2) Failure to report an accident or other sudden event in accordance with regulations;
(3) Failure to record the circumstances of disposal in accordance with regulations, or failure to submit a disposal report in accordance with regulations;
(4) Refusal to report or giving false information in the declaration of contamination hazardous goods being carried by a marine vessel.
Action as described in either Paragraph One or Three above will be fined not more than 20,000 yuan. Action as described in either Paragraph 2 or 4 above will be fined not more than 50,000 yuan.
Article 75 - Violation of Article 19, Paragraph 2 of these regulations by refusing a random inspection or providing false information at the time of an inspection will result in warning being issued by the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations, and a fine of 20,000 yuan will be imposed.
Article 76 - Violation of these regulations by damaging or destroying marine ecological systems, marine aquatic resources, and marine protection areas such as coral reefs and mangrove forests, will result in an order to stop within a specified period of time and remedial measures taken. A fine of not less than 10,000 yuan and not more than 100,000 yuan will be imposed. Unlawful gains from these actions will be confiscated.
Article 77 - Violation of Article 30, Paragraphs 1 and 3 of these regulations by installing a pollutant discharge outlet into the sea will result in an order by the EPA of the People's Government at the county level or above to close the outlet off. A fine of not less that 20,000 yuan and not more than 100,000 yuan will be imposed.
Article 78 - Violation of Article 32, Paragraph 3 of these regulations by dismantling or laying idle environmental protection equipment without authorization will result in an order to resume set up and use by the EPA of the People's Government at the county level or above. A fine of not less than 10,000 yuan and not more than 100,000 yuan will be imposed.
Article 79 - Violation of Article 39, Paragraph 2 of these regulations by transporting hazardous waste materials through waters under the jurisdiction of the PRC will result in an order for the vessel illegally carrying hazardous waste materials to withdraw from the waters under the jurisdiction of the PRC by the State Maritime Affairs Administration. A fine of not less than 50,000 yuan and not more than 500,000 yuan will be imposed.
Article 80 - Violation of Article 43, Paragraph 1 of these regulations by carrying out a coastal construction project prior to holding an approved environmental impact report will result in an order to cease the illegal activity and take remedial measures by the EPA of the local People's Government above the county level. A fine of not less than 50,000 yuan and not more than 200,000 yuan will be imposed. Alternatively, the local People's Government above the county level will order the construction dismantled in accordance with the limits of authority.
Article 81 - Violation of Article 44 of these regulations by making use of a coastal construction project prior to setting up environmental protection facilities or prior to these facilities meeting the requirements of the regulations will result in an order to stop production or usage by the EPA. A fine of not less than 20,000 yuan and not more than 100,000 yuan will be imposed.
Article 82 - Violation of Article 45 of these regulations by constructing a new industrial manufacturing facility that seriously contaminates the marine environment will result in an order to shut down by the People's Government above the county level in accordance with the limits of authority.
Article 83 - Violation of Article 47, Paragraph 1, and Article 48 of these regulations by making use of a marine engineering construction project prior to setting up environmental protection facilities or prior to these facilities meeting the requirements of the regulations will result in an order to stop construction or production and use. A fine of not less than 50,000 yuan and not more than 200,000 yuan will be imposed.
Article 84 - Violation of Article 49 of these regulations by utilizing radioactive materials that exceed the standards or toxic, harmful substances that are soluble will result in the Marine Administration imposing a fine of not more than 50,000 yuan as well as a stop order for these activities until the contamination hazard has been eliminated.
Article 85 - Violation of these regulations by carrying out offshore oil exploration and development activities that result in pollution to the marine environment will result in a warning being issued by the State Marine Administration and a fine of not less than 20,000 yuan and not more than 200,000 yuan being imposed.
Article 86 - Violation of these regulations by disposing of waste not in accordance with the rules of the permit, or disposing of waste in a closed disposal area, will result in a warning being issued by the Marine Administration and a fine of not less than 30,000 yuan and not more than 200,000 yuan being imposed. In serious cases, the permit may be temporarily suspended or revoked.
Article 87 - Violation of Article 55, Paragraph 3 of these regulations by bringing in and disposing of waste from outside the borders of the PRC in waters under the jurisdiction of the PRC will result in a warning being issued by the State Marine Administration. A fine of not less than 100,000 yuan and not more than 1,000,000 yuan being imposed based on the harmful results or potential results of the disposal.
Article 88 - Violation of these regulations by one of the following actions will result in a warning being issued by the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations, or a fine will be imposed:
(1) A port, dock, loading and unloading station, or vessel that does not have contamination prevention facilities or equipment;
(2) Marine vessels not holding a contamination prevention certificate, contamination prevention documentation, or that have not kept a written record of discharged contaminants in accordance with these regulations;
(3) While at sea or in port dismantling a ship, re-outfitting an old ship, salvaging, and any other sea borne and underwater construction operations resulting in contamination damage to the marine environment;
(4) Marine vessels carrying goods without the ability to meet conditions for contamination prevention.
Action as described in either Paragraph One or Four above will be fined not less than 20,000 yuan and not more than 100,000 yuan. Action as described in Paragraph 2 above will be fined not less than 50,000 yuan and not more than 200,000 yuan
Article 89 - Violation of these regulations by failure to compile an oil spill contingency plan by a marine vessel, petroleum platform, or port, dock, or loading and unloading station conducting loading and unloading of oil products will result in a warning being issued by the agency exercising supervisory and managerial authority over the marine environment in accordance with these regulations, or an order to correct the situation within a specified period of time.
Article 90 - Parties responsible for creating contamination damage to the marine environment should eliminate the damage and make compensation for the loss. Contamination damage to the marine environment completely as a result of the intentions or fault of a third party must be eliminated and responsibility for compensation assumed by the third party.
Those responsible for actions that damage the marine ecology, aquatic resources, and marine protection areas that result in significant loss to the State will be required to pay compensation for the damages by the agency representing the State exercising supervisory and managerial authority over the marine environment in accordance with these regulations.
Article 91 - Units violating these regulations through responsibility for contamination accidents to the marine environment will be fined by the agency representing
the State exercising supervisory and managerial authority over the marine environment in accordance with these regulations on the basis of the damage and loss incurred. Managerial personnel directly responsible as well as any other personnel having direct responsibility that are part of State personnel will be issued disciplinary sanctions according to law.
The amount of the penalty referred to in the previous paragraph of these regulations will be calculated as 30 percent of the direct losses, but not to exceed 300,000yuan.
Those responsible for significant contamination accidents to the marine environment with the serious result of major losses sustained by public or private property, or loss of human life, will be investigated and responsibility affixed according to law.
Article 92 - Each of the following situations, having taken prompt and reasonable measures but still unable to prevent contamination damage to the marine environment, exempts the party responsible for the contamination damage from bearing responsibility:
(1) War;
(2) Natural disasters that could not be resisted;
(3) Oversights or other erroneous actions by departments responsible for lighthouses or other navigational aid facilities in the course of carrying out their duties.
Article 93 - Violation of Articles 11 and 12 of these laws by failing to pay applicable pollutant discharge fees, disposal fees, and disciplinary fines imposed within the time limit will be regulated by the State Council.
Article 94 - Abuse of power, dereliction of duty, and practice of favoritism and fraud by marine environment supervisory and managerial personnel resulting in contamination damage to the marine environment will result in disciplinary sanctions according to law. Criminal action will be investigated and responsibility fixed according to law.
Chapter 10 - Supplementary Articles
Article 95 - The meaning of terminology used in these regulations is listed below:
(1) Contamination damage to the marine environment refers to directly or indirectly introducing substances into the marine environment which result in such harmful effects as damage to marine species and resources, harming human health, jeopardizing the fishing industry and other legal sea-based activities, harming the sea water quality and lowering the quality of the marine environment.
(2) Domestic waters refers to all marine areas from the boundary line of China's territorial waters to inland waters.
(3) Coastal wetlands refers to water areas of a depth of less than six meters at low tide and their coastal immersed zones, including water areas, tidal zones (or flood zones), and coastal lowlands with a permanent depth not exceeding six meters.
(4) Marine function district refers to the delineation of the dominant functions and usage categories of marine use on the basis of marine natural and social attributes.
(5) Fishing waters refers to the spawning areas, feeding grounds, wintering grounds, and migration channels of fish and shrimp, and the cultivation grounds for fish, shrimp, mollusks, and aquatic plants.
(6) Oil products refers to any type of oil and its refined products.
(7) Oily mixtures refers to any mixture containing oil.
(8) Discharge refers to the release in the sea of pollutants, including pumping, spilling, releasing, spouting, and pouring.
(9) Land pollution source refers to an area or facility from which pollutants from the land are discharged into the sea creating or potentially creating pollution to the marine environment.
(10) Land based pollution refers to discharged pollutants from a land pollution source.
(11) Disposal refers to placement of waste and other harmful materials by marine vessels, aircraft, platforms, or other means of transport into the sea, including discarding marine vessels, aircraft, platforms and other auxiliary facilities, and other means of floatation.
(12) Coastal land areas refers to an area linked to the coast, or that passes through pipelines, irrigation canals, or installations, and which directly or indirectly discharge pollutants into the sea and other related actions.
(13) Sea borne incineration refers to the intentional burning of waste or other materials using sea borne incineration equipment with the objective of destruction by heat, but not including the activities connected with normal operations of marine vessels, platforms, other manmade structures.
Article 96 - The specific scope of authority of agencies related to the supervision and management of the marine environment are not yet stipulated by these laws and will be decided by the State Council.
Article 97 - In the case of regulations from these within an applicable international treaty for the protection of the marine environment of which the People's Republic of China is a signatory or participant, the regulations of the international treaty should be applied; however, the People's Republic of China declares retention of exclusion clauses.
Article 98 - These laws will go into effect on April 1, 2000.