Laws of the People's Republic of China

THE MARINE ENVIRONMENTAL PROTECTION LAW OF
THE PEOPLE'S REPUBLIC OF CHINA

 (Adopted at the 24th Session of the Standing Committee of the
5th National People's Congress on August 23, 1982)

 

 

 

SUBJECT: ENVIRONMENTAL PROTECTION

ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS

ISSUE-DATE: 08/23/1982

IMPLEMENT-DATE: 03/01/1983

LENGTH: 3429 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] This Law is hereby enacted in order to protect marine environment and resources, prevent pollution damage, maintain ecological balance, safeguard human health and promote the development of marine programs.

[Article 2] This Law applies to the internal sea and territorial sea 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, submersibles, as well as all enterprises, institutions and individuals engaged in navigation, exploration, exploitation, production, scientific research and other activities in the sea areas under the jurisdiction of the People's Republic of China shall comply with this Law.

This Law also applies 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 but causing pollution damage to such areas.

[Article 3] All entities and individuals having access to the sea areas under the jurisdiction of the People's Republic of China shall protect the marine environment and watch for and report on actions polluting and damaging the marine environment thereof.

[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 approval by the State Council.

[Article 5] The environmental protection department under the State Council is in charge of marine environmental protection in the whole country.

The state administrative department of marine affairs is responsible for organizing investigations, monitoring and surveillance of the marine environment and for conducting scientific research therein, and it is in charge of environmental protection against marine pollution damage caused by offshore oil exploration and exploitation and by the dumping of wastes into the sea.

The Harbour Superintendency Administration of the People's Republic of China is responsible for overseeing, investigating and dealing with the discharge of pollutants from vessels and for keeping under surveillance the waters of the port areas, and it is in charge of environmental protection against pollution damage caused by vessels.

The state agency in charge of fishery administration and fishing harbour superintendence is responsible for supervising the discharge of wastes by vessels in the fishing harbours and for keeping under surveillance the waters thereof.

The environmental protection department of the armed forces is responsible for supervising the discharge of wastes by naval vessels and keeping under surveillance the waters of the naval ports.

The environmental protection departments of the coastal provinces, autonomous regions and municipalities directly under the Central Government are responsible for organizing, coordinating, overseeing and checking marine environmental protection in their respective administrative areas, and are in charge of environmental protection against pollution damage caused by coastal construction projects and land-based pollutants.

CHAPTER II PREVENTION OF POLLUTION DAMAGE TO THE MATINE ENVIRONMENT BY COASTAL CONSTRUCTION PROJECTS

[Article 6] Entities in charge of coastal construction projects must, before drawing up and submitting their construction plans, conduct scientific investigations of the marine environment, select suitable sites in light of the natural and social conditions, and formulate and submit Environmental Impact Statements in accordance with relevant state regulations.

[Article 7] Measures must be taken to protect the aquatic resources when building harbours and oil terminals, as well as water conservancy facilities and tidal-power stations in estuaries.  Dams to be built across fish and crab migration routes shall be provided with corresponding fish ladders.

[Article 8] There shall be installed at ports and oil terminals facilities to receive and treat oil residues and wastes, oily water and other wastes, along with necessary antipollution equipment and monitoring and alarm devices.

[Article 9] The development and utilization of tidelands shall be comprehensively planned and their regulation tightened.  Strict control shall be maintained over land reclamation from salt marshes and other coastal filling projects and over sandgravel dredging and excavating operations.  As for projects that are definitely necessary, Environmental Impact Statements concerning them must be produced on the basis of investigations and comparison of economic results, and submitted for approval to the environmental protection departments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government.  In cases of large-scale coastal filling projects, such Statements shall also be submitted to the environmental protection department under the State Council for examination and approval.


It is forbidden to destroy seashore shelterbelts, scenic woods, scenic rocks, mangroves and coral reefs.

CHAPTER III PREVENTION OF POLLUTION DAMAGE THE MARINE ENVIRONMENT BY OFFSHORE OIL EXPLORATION AND EXPLOITATION

[Article 10] Enterprises engaged in offshore oil exploitation or their component units in charge shall, before drawing up and submitting their work plans, produce Environmental Impact Statements including effective measures to prevent pollution damage to the marine environment, and submit them to the environmental protection department under the State Council for examination and approval.

[Article 11] In cases of offshore oil exploration and other offshore activities involving explosive operations, effective measures shall be taken to protect fishery resources.

[Article 12] Oils used in the course of exploration and exploitation shall be put under strict control so as to prevent their leakage.  Oil residues and wastes shall be recovered and are forbidden to be discharged into the sea.

[Article 13] Oily water and mixtures from both mobile and fixed platforms for offshore oil exploration and exploitation may not be directly discharged into the sea.  When discharged after treatment following recovery, their oil content may not exceed the standards set by the state.

[Article 14] It is prohibited to dispose of oily industrial wastes from either mobile or fixed platforms for offshore oil exploration and exploitation into the sea.  The disposal of other industrial wastes may not cause pollution damage to the fishing grounds or waterways.

[Article 15] When conducting offshore-well testing, oils and oily mixtures may not be discharged into the sea, and gas shall be thoroughly burned so as to prevent pollution of the sea.

[Article 16] Offshore oil pipelines and oil-storage installations shall always be kept in good condition fulfilling the requirements against seepage, leakage and corrosion, so as to prevent oil from running off.

[Article 17] In exploring and exploiting offshore oil resources, there shall be available appropriate antipollution facilities and equipment, and effective technical measures be taken to prevent blow-out or oil-spill accidents.

Once a blow-out or oil-spill occurs, it shall immediately be reported to the state administrative department of marine affairs and effective measures shall be taken to control and eliminate oil pollution, and the entity concerned shall accept the investigation and handling of the case by the department.

CHAPTER IV PREVENTION OF POLLUTION DAMAGE TO THE MARINE ENVIRONMENT BY LAND-BASED POLLUTANTS

[Article 18] The discharge of harmful substances into the sea by coastal entities must be conducted in strict compliance with the standards for discharge and relevant regulations promulgated by the state or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

No additional outlet for discharging sewage is allowed within marine sanctuaries, aquacultural grounds and seashore scenic and tourist areas.  Those outlets already in existence before the promulgation of this Law, the discharge of which is not in conformity with the state standards, shall be improved within a prescribed period of time.

[Article 19] It is prohibited to discharge waste water containing high-level radioactive matter into the sea.

Any discharge of waste water containing low-level radioactive matter into the sea, when actually necessary, shall be carried out in strict compliance with the state regulations and standards concerning radioactive protection.

[Article 20] No medical sewage or industrial waste water carrying pathogens may be discharged into the sea until it is properly treated and strictly sterilized with the pathogens therein exterminated.

[Article 21] The discharge of industrial waste water and domestic sewage containing organic and nutrient matter into bays, semi-closed seas and other sea areas with low capacities of absorption shall be put under control so as to prevent eutrophication of the sea water therein.

[Article 22] When discharging heated waste water into the sea, measures shall be taken to ensure that the water temperature in the adjacent fishing areas meets the state criteria for water quality so as to avoid damage to the aquatic resources by heat pollution.

[Article 23] The use of chemical pesticides in coastal farmlands shall conform to the state regulations and standards for the safe use of pesticides.

[Article 24] No entity may discard or pile up tailings, slags, cinders, garbage and other wastes along seashores and beaches without the approval of environmental protection departments of coastal provinces, autonomous regions, or the municipalities directly under the Central Government.  Waste yards and treatment facilities set up with permission and in accordance with law along seashores and beaches shall have dykes erected to prevent the wastes from getting into the sea.

[Article 25] The environmental protection departments and river system administrative departments of the coastal provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the control of the rivers emptying into the sea and prevent them from being polluted so as to ensure the good quality of the water in the estuaries.

CHAPTER V PREVENTION OF POLLUTION DAMAGE TO THE MARINE ENVIRONMENT BY VESSELS

[Article 26] No vessel shall discharge oils, oily mixtures, wastes and other harmful substances into the sea areas under the jurisdiction of the People's Republic of China in violation of the provisions of this Law.

[Article 27] Any oil tanker of 150 tons gross tonnage and above or any other vessel of 400 tons gross tonnage and above shall be fitted with appropriate anti-pollution equipment and facilities.

Any oil tanker less than 150 tons gross tonnage and any other vessel less than 400 tons gross tonnage shall be fitted with special containers for recovering residual and waste oil.

[Article 28] Any oil tanker of 150 tons gross tonnage and above or any other vessel of 400 tons gross tonnage and above shall carry on board an Oil Record Book.

Any vessels carrying more than 2,000 tons of oil in bulk as cargo shall have a valid Certificate of Insurance or other Financial Security in respect of Civil Liability for Oil Pollution Damage, or a Credit Certificate for Civil Liability against Oil Pollution Damage, or hold other financial credit guarantees.

[Article 29] The discharge of oily water from an oil tanker of 150 tons gross tonnage and above or any other vessel of 400 tons gross tonnage and above must be conducted in compliance with the state standards and regulations concerning vessel sewage discharge, and accurately recorded in the Oil Record Book.

[Article 30] The discharge of hold-washings and other residues by vessels carrying noxious or corrosive goods must be conducted in compliance with the state regulations for vessel sewage discharge, and be accurately recorded in the Log Book.

[Article 31] The discharge of radioactive substances from nuclear-powered vessels or vessels carrying such substances must be conducted in compliance with the provisions of Article 19 of this Law.

[Article 32] Vessels, when bunkering or loading and unloading oil, must observe the operation instructions and take effective measures to prevent oil spills.

[Article 33] Ship-building, repairing, scrapping and salvaging units shall be provided with pollution-prevention equipment and facilities.  During operations, preventive measures shall be taken against pollution of the sea by oils, oily mixtures and other wastes.

[Article 34] In case pollution has arisen from an abnormal discharge of oils, oily mixtures or other harmful wastes or from the falling overboard of noxious or corrosive goods, the vessel concerned shall immediately take measures to control and eliminate such pollution, and shall report to the nearest harbour superintendency administration for investigation and settlement.

[Article 35] In case any vessel is involved in a marine accident which has caused, or is likely to cause, serious pollution damage to the marine environment, the Harbour Superintendency Administration of the People's Republic of China has the power to take mandatory measures to avoid or minimize such pollution damage.

[Article 36] All vessels have the obligation to watch out for pollution of the sea.  Upon discovering acts in violations of law or occurrence of pollution, they shall immediately report to the nearest harbour superintendency administration.  Fishing boats may also report to the nearest agency in charge of fishery administration and fishing harbour superintendence.

[Article 37] In the event of pollution caused by vessels that navigate, berth or operate in the sea areas under the jurisdiction of the People's Republic of China, officers from a harbour superintendency administration of the People's Republic of China shall go on board the vessel in question to examine and handle the case.  Officers from relevant government departments authorized by the Harbour Superintendency Administration may also go on board the vessel to conduct examinations and report the results thereof to the latter for settlement.

CHAPTER VI PREVENTION OF POLLUTION DAMAGE TO THE MARINE ENVIRONMENT BY DUMPING OF WASTES

[Article 38] No entity may dump any kind of wastes into the sea areas under the jurisdiction of the People's Republic of China without the permission of the state administrative department of marine affairs.

Entities that need waste dumping must file an application with the state administrative department of marine affairs and only after a permit has been granted by the department can the said dumping be carried out.

[Article 39] Entities that have obtained permits for dumping shall have it done at the designated place, within the time limit and in accordance with the conditions specified in the permit.  Wastes to be dumped shall be verified by the approving department after their loading.  Wastes to be dumped by means of vessels shall be verified by the Harbour Superintendency Administration at the port of departure.

[Article 40] Entities that have obtained permits for dumping shall make a detailed record of such operations and present a written report to the approving department thereafter.  Vessels that have finished the said dumping must present a written report to the Harbour Superintendency Administration at the port of departure.

CHAPTER VII LEGAL LIABILITIES

[Article 41] In case of a violation of this Law that has caused, or is likely to cause, pollution damage to the marine environment, the relevant supervising departments prescribed in Article 5 of this Law may order the violator involved to remedy the pollution damage within a definite time, pay a discharging fee, pay the cost for eliminating the pollution and compensate for the loss sustained by the state, and may give the said violator a warning or impose a fine on him.  An involved party contesting the decision may file a suit with the people's court within 15 days of receipt thereof.  If a suit is not filed and the decision is not carried out upon the expiration of the period, the supervising department shall request the people's court to enforce the decision in accordance with law.

[Article 42] Units and individuals who have suffered damage caused by marine environmental pollution shall be entitled to claim compensation from the party causing the said pollution damage.  Disputes over the compensation liability and the sum thereof may be settled by the relevant supervising department.  In case a party contests the decision, the matter can be settled either by resorting to the procedures specified in the Law of Civil Procedure of the People's Republic of China (for Trial Implementation) or by filing a suit directly with the people's court.

[Article 43] In cases entirely to the following causes, compensation liabilities may be exempted if pollution damage to the marine environment cannot be avoided in spite of the prompt and reasonable measures taken:

(1) Act of war;

(2) Irresistable natural calamities;

(3) Negligence or other wrongful acts on the part of the departments responsible for the maintenance of beacons or other navigational aids in exercising their functions.

In case of pollution damage to the marine environment resulting entirely from an intentional or wrongful act by a third party, that party shall be liable for compensation.

[Article 44] In cases of violations of this Law resulting in pollution damage to the marine environment and causing heavy losses of public or private property or deaths or injuries to persons, those who are directly responsible may be prosecuted for criminal responsibility by judicial organs in accordance with law.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

[Article 45] For the purposes of this Law:

(1) "Pollution damage to the marine environment" means any direct or indirect introduction of substances or energy into the marine environment, which results in such deleterious effects as harm to marine living resources, hazards to human health, hindrance to fishing operations and other legitimate activities at sea, impairment of the quality for use of sea water and degradation of the environmental quality.

(2) "Fishing areas" means spawning grounds, feeding grounds, overwintering grounds and migration channels of fish and shrimp as well as aquacultural grounds of fish, shrimp, shellfish and aquatic plants.

(3) "Oils" means all kinds of oil and their refined products.

(4) "Oily mixtures" means a mixture with any oil content.

(5) "Discharging" means acts to drain pollutants into the sea, including pumping, spilling, releasing, spraying and pouring.

(6) "Dumping" means disposal of wastes or other hearmful substances into the sea from vessels, airborne vehicles, platforms or other conveyances, including the disposal of vessels, airborne vehicles, platforms and other floating apparatus.

[Article 46] Where provisions in force concerning marine environmental protection contradict the present Law, the latter shall prevail.

[Article 47] The environmental protection department under the State Council may formulate detailed rules and regulations for the implementation of this Law, and submit them to the State Council for approval and put them into effect after such approval.

The relevant departments under the State Council and the standing committees of the people's congresses and people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government may adop concrete measures for the implementation of this Law taking into consideration the actual conditions prevailing at the departments or localities concerned.

[Article 48] This Law shall come into effect as of March 1, 1983.