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Marine Environment Protection Law Of The People's Republic Of China
Release Time: 2007/12/5 0:00:00        From: Made In China.com        Visits: 287308        Font Size: Large  Middle  Small

(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)

 

Contents

Chapter I    General Provisions
Chapter II    Prevention of Pollution Damage to the Marine Environment by Coastal Construction Projects
Chapter III    Prevention of Pollution Damage to the Marine Environment by Offshore Oil Exploration and Exploitation
Chapter IV    Prevention of Pollution Damage to the Marine Environment by Land-Sourced Pollutants
Chapter V    Prevention of Pollution Damage to the Marine Environment by Vessels
Chapter VI    Prevention of Pollution Damage to the Marine Environment by Dumping of Wastes
Chapter VII    Legal Liabilities
Chapter VIII    Supplementary Provisions

 

Chapter I    General Provisions

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 programmers.

 

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 surveillance 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 Harbor Superintendence 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 harbor superintendence agencies shall be responsible for supervising the discharge of pollutants by vessels in the fishing harbors 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 harbors 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 waterand 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.

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