|
|
|
(Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001
and promulgated by Order No. 61 of the President of the People's Republic of China on October 27, 2001)
Contents
Chapter I General Provisions
Chapter II Marine Function Zoning
Chapter III Application for, and Examination and Approval of, the Use of Sea Areas
Chapter IV Right to the Use of Sea Areas
Chapter V Fees for the Use of Sea Areas
Chapter VI Supervision and Inspection
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of strengthening the administration of the use of sea areas, safeguarding State
ownership of the sea areas and the legitimate rights and interests of the sea area users, promoting rational development and sustainable
utilization of the sea areas.
Article 2 For the purpose of this Law, the sea areas refer to the sea surface, water volume, seabed and subsoil of the inland
waters and territorial seas of the People's Republic of China.
The inland waters in this Law refer to the sea areas extending from the landward side of the territorial seas of the People's Republic
of China to the coastline.
This Law shall be applicable to any exclusive activities relating to the continuous use of a specific sea area over three months
within the inland waters or territorial seas of the People's Republic of China.
Article 3 The sea areas are owned by the State, and the State Council exercises the right of ownership in the sea areas on
behalf of the State. No entity or individual may seize, buy or sell the sea areas or illegally transfer them in other ways.
Any entity or individual that intends to use the sea areas is required to obtain the right to their use in accordance with law.
Article 4 The State applies the system for marine function zoning. The sea areas shall be used in conformity with the marine
function zoning.
The State exercises strict control over the activities relating to the use of the sea areas that may alter their natural attributes,
such as filling sea areas and reclaiming land from them.
Article 5 The State establishes an information system for the administration of the use of sea areas in order to oversee and
monitor the use of the sea areas.
Article 6 The State establishes a registration system for the right to the use of sea areas. Such right shall, once registered
in accordance with law, be protected by law.
The State establishes a statistics system for the use of the sea areas and periodically issues the statistics of such.
Article 7 The department in charge of marine administration under the State Council shall be responsible for supervision over
the use of the sea areas nationwide. The departments in charge of marine administration under the local people's governments at or
above the county level shall, as authorized, be responsible for supervision over the use of the sea areas adjacent to their administrative
regions respectively.
The department in charge of marine administration shall, in accordance with the Fisheries Law of the People's Republic of China,
conduct supervision over marine fishery.
The maritime administration authority shall exercise supervision over maritime traffic safety in accordance with the Maritime Traffic
Safety Law of the People's Republic of China.
Article 8 All entities and individuals are obligated to abide by the laws and regulations on the administration of the use
of the sea areas and have the right to report violations of such laws and regulations and bring complaints about them.
Article 9 People's governments shall reward the entities and individuals that have achieved outstanding successes in protecting
and rationally utilizing the sea areas and in scientific research in this field.
Chapter II
Marine Function Zoning
Article 10 The department in charge of marine administration under the State Council shall, in conjunction with the departments
concerned and the people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government
work out marine function zoning plans.
The departments in charge of marine administration under the coastal local people's governments at or above the county level shall,
in conjunction with the departments concerned of the people's governments at the same level, work out the local marine function zoning
plans on the basis of such plans worked out at the next higher level.
Article 11 Marine function zoning plans shall be worked out on the following principles:
(1) scientifically defining the functions of the sea areas in light of such natural attributes as their geographical location, natural
resources and natural environment;
(2) making overall arrangements for the use of sea areas among various related sectors according to the needs of economic and social
development;
(3) protecting and improving the ecological environment, ensuring the sustainable utilization of the sea areas and promoting the
development of the marine economy;
(4) ensuring the maritime traffic safety; and
(5) safeguarding the security of national defense and guaranteeing the needs in the military use of the sea areas.
Article 12 Marine function zoning plans shall be subject to examination and approval by different levels.
The national marine function zoning plan shall be submitted to the State Council for approval.
The marine function zoning plan of a coastal province, autonomous region or municipality directly under the Central Government shall,
after examination and consent by the people's government of the said province, autonomous region or municipality, be submitted to
the State Council for approval.
The marine function zoning plan of a coastal city or county shall, after examination and consent by the people's government of the
said city or county, be submitted for approval to the people's government of the province, autonomous region or municipality directly
under the Central Government where the city or county is located, and reported to the department in charge of marine administration
under the State Council for the record.
Article 13 With regard to alteration of a marine function zoning, a proposal for alteration shall be put forward by the department
that works out the plan for the zoning, in conjunction with the departments concerned at the same level, for approval by the original
approving department. In the absence of such approval, no functions of the sea areas defined by the marine function zoning may be
altered.
Where marine function zoning that needs to be altered for public interests, security of national defense or construction of large-scale
energy, traffic or other infrastructures shall be subject to approval by the State Council, and the alteration shall be made according
to the documents of approval issued by the State Council.
Article 14 A marine function zoning plan shall, upon approval, be made known to the public except for the parts relating to
State secrets.
Article 15 Plans for acquaculture, the salt industry, communications, tourism and other industries that involve the use of
sea areas shall be made in conformity with the marine function zoning .
The overall plan for the utilization of coastal land, urban planning and port planning that involve the use of sea areas shall be
dovetailed with the marine function zoning.
Chapter III
Application for, Examination and Approval of the Use of Sea Area
Article 16 Any entity and individual may, for the use of sea areas, apply to the department in charge of marine administration
under the people's government at or above the county level.
To apply for the use of sea areas, the applicant shall submit the following written materials:
(1) an application for the use of sea areas;
(2) feasibility assessment of the use of the sea areas;
(3) relevant credit certifying papers; and
(4) other written materials specified by laws and regulations.
Article 17 The department in charge of marine administration under the people's government at or above the county level shall,
on the basis of the marine function zoning, examine applications for the use of sea areas, and shall, in accordance with the provisions
of this Law and the regulations of the people's government of the province, autonomous region, or municipality directly under the
Central Government, submit the applications for approval to the people's government invested with the approval authority.
When examining applications for the use of sea areas, the department in charge of marine administration shall solicit opinions from
the departments concerned at the same level.
Article 18 Use of sea areas for the following projects shall be subject to examination and approval by the State Council:
(1) a project that involves filling of more than 50 ha. of a sea area;
(2) a project that involves enclosure of more than 100 ha. of a sea area;
(3) a project that involves the use of more than 700 ha. of a sea area without altering the natural attributes of the area;
(4) major national construction projects; and
(5) other projects specified by the State Council.
The authority for examination and approval of the use of sea areas for projects other than the ones specified in the preceding paragraph
shall, with the authorization of the State Council, be defined by the people's governments of provinces, autonomous regions and municipalities
directly under the Central Government.
Chapter IV
Right to the Use of Sea Areas
Article 19 Where the use of a sea area is approved by the State Council after the application for its use is approved in accordance
with law, it shall be registered with the department in charge of marine administration under the State Council, which shall issue
to the applicant the certificate of the right to the use of sea areas; where the use of a sea area is approved by a local people's
government, it shall be registered with the said government, which shall issue to the applicant the certificate of the right to the
use of sea areas. The applicant shall, beginning from the date he receives the certificate, obtain the right to the use of the sea
area.
Article 20 Apart from the manners in which to obtain the right to the use of sea areas in accordance with the provisions of
Article 19 of this Law, such right may also be obtained through bidding or auction. The plan for bidding or auction shall be formulated
by the department in charge of marine administration and submitted to the people's government invested with the examination and approval
authority for approval before it is implemented. When formulating the plan for bidding or auction, the department in charge of marine
administration shall solicit opinions from the departments concerned at the same level.
Once the bidding or auction is completed, the certificate of the right to the use of sea areas shall be issued to the winning bidder
or the vendee. The winning bidder or the vendee shall, beginning from the date he receives the certificate, obtain the right to the
use of the sea area.
Article 21 Issuance of the certificate of the right to the use of sea areas shall be made known to the public.
For issuance of the certificate of the right to the use of sea areas, no fees other than the ones for the use of sea areas may be
collected in accordance with law.
Measures for issuance and administration of the certificate of the right to the use of sea areas shall be formulated by the State
Council.
Article 22 Where, prior to implementation of this Law, sea areas are already used for aquaculture under the operation and administration
of rural collective economic organizations or villagers committees, if it conforms to marine function zoning, the right to the use
of such sea areas may, upon examination and approval by the local people's government at the county level, be granted to the rural
collective economic organizations or villagers committees. Members of the collective economic organizations may contract to use such
areas for aquaculture.
Article 23 The right of the owners of the right to the use of sea areas to utilize the areas and to get profits in accordance
with law shall be protected by law; no entity or individual may infringe upon their right.
Owners of the right to the use of sea areas are obligated to protect and rationally utilize the sea areas in accordance with law.
They may not impede the non-exclusive use of sea areas that does not interfere with their use of the sea areas in accordance with
law.
Article 24 During the period when they use the sea areas, no owners of the right to the use of sea areas may, without approval
according to law, engage in marine basic mapping.
When owners of the right to the use of sea areas find that a major change has occurred in the natural resources and conditions of
the areas they are using, they shall, without delay, report the matter to the departments in charge of marine administration.
Article 25 The maximum period for the right to the use of sea areas shall, on the basis of the purposes of their use, be determined
as follows:
(1) 15 years for aquaculture;
(2) 20 years for ship dismantling;
(3) 25 years for tourism and recreation;
(4) 30 years for the salt and mining industries;
(5) 40 years for public welfare undertakings; and
(6) 50 years for construction of ports, shipyards and other projects.
Article 26 Where at the expiration of the period for the right to the use of the sea areas, the owner of the right needs to
continue to use the area, he shall, no later than two months prior to the expiration date, apply for extension to the people's government
that originally gives approval. Except where it is necessary to revoke the right for the benefit of public interests or State security,
the people's government that originally gives approval to the use of the sea area shall approve the application for extension. The
owner of the right who obtains approval for extension shall, in accordance with law, pay fees for the use of the sea area for the
extended period.
Article 27 Where the owner of the right to the use of a sea area is altered owing to mergence into or separation from
another enterprise or because of running joint ventures or cooperative businesses with others, the matter shall be subject to approval
by the people's government that originally gives approval to the use of the sea area.
The right to the use of sea areas may be transferred in accordance with law. Specific measures in this regard shall be formulated
by the State Council.
The right to the use of sea areas may be inherited in accordance with law.
Article 28 No owners of the right to the use of sea areas may, without authorization, change the approved purposes of
use of the sea areas. Where it is really necessary to change the purposes, the matter shall, under the prerequisite that the change
accords with the marine function zoning, be submitted for approval to the people's government that originally gives the approval
to the use of the sea areas.
Article 29 Where at the expiration of the period for the right to the use of sea areas, the owner fails to apply for
its extension or the application for extension is not granted, such right shall be terminated.
After the termination of the right to the use of sea areas, the former owner of the right shall dismantle the facilities and structures
that may cause pollution to the marine environment or impede the use of the areas for other projects.
Article 30 To meet the need of public interests or State security, the people's government that originally gives approval to
the use of certain sea areas may, in accordance with law, revoke the right to the use of those areas.
Where in accordance with the provisions of the preceding paragraph, the right to the use of sea areas is revoked before the expiration
of the period for their use, the owner of the right shall be compensated appropriately.
Article 31 Where a dispute arises over the right to the use of a sea area and the parties fail to settle it through consultation,
it shall be mediated by the department in charge of marine administration under the people's government at or above the county level.
The parties may also directly take legal proceedings in a People's Court.
Prior to the settlement of the dispute, none of the parties may change the status quo in respect of the use of the sea areas.
Article 32 The land brought into existence after completion of a sea-filling project shall be owned by the State.
The owner of the right to the use of a sea area shall, within three months from the date the sea-filling project is completed and
by presenting the certificate of the right to the use of sea areas, apply to the department in charge of land administration under
the people's government at or above the county level for land registration. The said people's government shall register it and issue
to the owner in return the certificate of the right to the use of land so as to confirm such right.
Chapter V
Fees for the Use of Sea Areas
Article 33 The State applies a system of compensation for the use of sea areas.
For the use of sea areas, all entities and individuals shall pay fees in accordance with the regulations of the State Council. The
fees collected shall be turned over to the Treasury in accordance with the regulations of the State Council.
Specific implementation ways and measures for collecting fees from the fishermen who use the sea areas for aquaculture shall be formulated
separately by the State Council.
Article 34 In light of the different nature and circumstances in which the sea areas are used, the fees may, in accordance
with regulations, be paid in a lump sum or on an annual basis.
Article 35 Where the sea areas are used for the following purposes, the fees for their use shall be exempted:
(1) for military purposes;
(2) reserved docks for official ships;
(3) non-profit transportation infrastructures such as navigation channel and anchorage; and
(4) non-profit, public welfare undertakings such as teaching, scientific research, disaster prevention and mitigation, and search,
rescue and salvage at sea;
Article 36 In accordance with the regulations of the department of finance and the department in charge of marine administration
under the State Council, the fees for the use of the sea areas for the following purposes may be reduced or exempted upon examination
and approval by the department of finance and the department in charge of marine administration under the people's government that
has the approval authority:
(1) public utilities;
(2) major national construction projects; and
(3) aquaculture.
Chapter VI
Supervision and Inspection
Article 37 The department in charge of marine administration under the people's government at or above the county level shall
strengthen supervision over and inspection of the use of sea areas.
The department of finance under the people's government at or above the county level shall strengthen supervision over and inspection
of the collection of the fees for the use of sea areas.
Article 38 The department in charge of marine administration shall build a stronger contingent by raising the political and
professional level of the supervisors and inspectors in the administration of the use of sea areas. The said supervisors and inspectors
shall enforce laws impartially, be devoted to their duties, honest and upright, provide services with civility and subject themselves
to supervision in accordance with law.
No department in charge of marine administration or its staff members may participate or engage in production and operation activities
related to the use of sea areas.
Article 39 When performing its duties of supervision and inspection, the department in charge of marine administration under
the people's government at or above the county level shall have the right to take the following measures:
(1) requesting the entities or individuals under inspection to provide the documents and information relating to the use of sea areas;
(2) requesting the entities or individuals under inspection to give explanations on the issues relating to the use of sea areas;
(3) entering the sea areas occupied by the entities or individuals under inspection for on-the-spot survey;
(4) instructing the party concerned to discontinue the illegal act that is being conducted.
Article 40 When performing their duties of supervision and inspection, supervisors and inspectors shall show their effective
papers for law enforcement.
The entities and individuals concerned shall cooperate with the department in charge of marine administration when the latter conducts
supervision and inspection, and none of them may prevent supervisors and inspectors from performing their duties in accordance with
law, or impede their doing so.
Article 41 When enforcing laws at sea, the departments concerned that exercise the power of marine supervision and administration
in accordance with the provisions of laws shall closely cooperate with and support each other in and jointly safeguard the State
ownership of the sea areas and the legitimate rights and interests of the owners of the right to the use of sea areas.
Chapter VII
Legal Liabilities
Article 42 Entities or individuals that, without approval or with approval obtained through deception, illegally occupy sea
areas shall be instructed to return the illegally occupied sea areas and restore them to their original state, their illegal gains
shall be confiscated, and they shall also be fined not less than 5 times but not more than 15 times the fees payable for the sea
areas during the period of their illegal occupation. Entities or individuals that, without approval or with approval obtained through
deception, enclose or fill sea areas shall, in addition, be fined not less than 10 times but not more than 20 times the fees payable
for the sea areas during the period of their illegal occupation.
Article 43 Where entities that have no approval authority illegally approve the use of sea areas, or entities that have such
authority but gives approval beyond their limits of authority or at variance with the marine function zoning, the approval documents
are invalid and the sea areas illegally used shall be recovered. The persons directly in charge who illegally approve the use of
the sea areas and the other persons directly responsible shall be given administrative sanctions in accordance with law.
Article 44 Where any entity or individual, in violation of the provisions of Article 23 of this Law, interferes with or obstructs
the lawful use of sea areas by the owner of the right to use of such areas, the owner of the right may appeal to the department in
charge of marine administration for removal of the interference or obstruction, he may also take legal proceedings in a People's
Court in accordance with law. If losses are caused, the owner may ask for compensation according to law.
Article 45 Anyone who, in violation of the provisions of Article 26 of this Law, continues to use the sea area without going
through the relevant formalities at the expiration of the period for the right to the use of the sea area shall be instructed to
go through the formalities within a time limit and may also be fined not more than RMB 10,000 yuan. If he refuses to go through the
formalities, he shall be deemed to be a person who illegally occupies a sea area and be punished as such.
Article 46 Anyone who, in violation of the provisions of Article 28 of this Law and without authorization, changes the purposes
of use of the sea area shall be instructed to rectify within a time limit, his illegal gains shall be confiscated, and he shall also
be fined not less than 5 times but not more than 15 times the fees payable for the sea area during the period in which the purposes
of use of the sea area is illegally changed. If he refuses to rectify, the people's government that issues the certificate of the
right to the use of sea areas shall revoke the certificate and the right to the use of sea areas.
Article 47 Where the provisions of the second paragraph of Article 29 of this Law are violated, the right to the use of sea
areas shall be terminated, and if the original owner of the right fails to dismantle the facilities and structures for the use of
the sea areas in accordance with regulations, he shall be instructed to do so within a time limit. If he refuses to do so at the
expiration of the time limit, he shall be fined not more than 50, 000 yuan and the department in charge of marine administration
under the people's government at or above the county level shall entrust a relevant unit to do the dismantling, and the owner shall
bear the expenses arising therefrom.
Article 48 Where the owner of the right to the use of sea areas who should pay the fees for such use on an annual basis fails
to do so on schedule in violation of the provisions of this Law, he shall be instructed to pay the fees within a time limit; if he
still refuses to pay the fees within the time limit, the people's government that issues the certificate of the right to the use
of sea areas shall revoke the certificate and the right to the use of sea area.
Article 49 Any entity or individual that, in violation of the provisions of this Law, refuses to accept supervision and inspection
by the department in charge of marine administration, to give a truthful report or provide relevant information shall be instructed
to rectify and be given a disciplinary warning, and may also be fined not more than 20,000 yuan.
Article 50 The administrative sanctions provided for by this Law shall be determined by the department in charge of marine
administration under the people's government at or above the county level within the limits of its power, except where there are
already provisions in this Law that specify the penalizing authority.
Article 51 Where the department in charge of marine administration under the State Council or under the people's government
at or above the county level issues the certificate of the right to the use of sea areas in violation of the provisions of this Law,
or fails to conduct supervision after issuance of the certificate, or fails to investigate and deal with the illegal activities it
discovers, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance
with law. The persons who engage in malpractice for personal gain, abuse their powers or neglect their duties, which constitutes
a crime, shall be investigated for criminal liabilities in accordance with law.
Chapter VIII
Supplementary Provisions
Article 52 For use of a special sea area within the inland waters or territorial seas of the People's Republic of China for
less than three months, and for use of the sea areas for exclusive activities, which may have a major impact on the security of national
defense, maritime traffic safety or other uses of the sea areas, formalities shall be completed for the issuance of a provisional
certificate for the use of sea areas through application of the relevant provisions of this Law mutatis mutandis.
Article 53 The administrative measures for military use of the sea areas shall be formulated by the State Council and the Central
Military Commission on the basis of this Law.
Article 54 This Law shall go into effect as of January 1, 2002.
|
|
|
|
