Regulations
on Prevention and Control of Pollution of the Sea Areas of the
Shenzhen Special Economic
Zone
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(Adopted
at the Thirty-sixth Meeting of the Standing Committee of the
Second Shenzhen Municipal
People' s Congress on November 22,
1999 and promulgated by Public Notice No. 97 of the Standing
Committee of the Shenzhen Municipal People' s Congress on
November 22, 1999.)
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Chapter I General
Provisions
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Article 1 In order to
prevent and control the pollution of sea areas, protect the
environment and resources
of sea areas, and promote economic
development, these regulations are formulated hereby in
accordance
with The Marine Environmental Protection Law of the
People' s Republic of China as well as in the light of the
practical conditions of the Shenzhen Special Economic Zone. |
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Article 2 Any
ships and owners of the ships sailing, anchoring and operating
in the Shenzhen sea areas and
any units and individuals doing
production and business along the coast of the Shenzhen sea
areas
shall abide by these regulations. |
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Article 3 The
prevention and control of the sea areas' pollution shall
follow the principle to give priority
to prevention, combine
prevention with control, and hold anyone causing pollution
liable. |
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Article 4 The
Shenzhen Municipal People' s Government' s (hereinafter
referred to as "the Municipal Government"
) responsible
administrative department of environmental protection and all
the districts' people'
s governments' responsible
administrative departments of environmental protection
(hereinafter
referred to as "the municipal and district
departments of environmental protection" ) shall be in charge
of the environmental monitoring of the sea areas and supervising
of prevention and control of the land-sourced
pollutants
and coastal projects from polluting the sea areas. |
The responsible administrative department of maritime
affairs (hereinafter referred to as "the maritime
department" ) shall be in charge of surveillance of the sea
areas and supervision of preventing and controlling
ships and
their related operations from polluting the sea areas. |
The Municipal Government' s administrative department of
marine management (hereinafter referred to as "the marine
management department" ) shall cooperate with the municipal
department of environmental protection
in the environmental
monitoring of the Shenzhen sea areas, participate in settling of
serious accidents
of pollution in the sea areas. |
The Shenzhen administrative agency in charge of fishery
and fishing harbors shall be responsible for supervision
of
sewage disposal in fishing harbors and ships as well as for
surveillance of the sea areas of
fishing harbor regions. |
The Shenzhen sub-center for maritime search and salvage
(hereinafter referred to as "the salvage center" ) shall
be
responsible for unified organization, command of control and
cleaning for pollution accidents
in the sea areas. |
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Article 5 When
making economic and technological policies for the development
of marine and coastal resources,
development plans and major
development projects, the Municipal Government and the related
departments
shall evaluate the possible environmental effects
and also propose the policies and measures to prevent and
control pollution and to protect the ecological environment. |
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Article 6 The
municipal department of environmental protection shall work out
environmental functional divisions
of the sea areas, report to
the Municipal Government and proceed to implementation after
approval. |
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Chapter II Prevention
and Control of Ship Pollution
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Article 7 Captains shall be
responsible for prevention and control of pollution of their own
ships. |
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Article 8 Ships
shall have valid certificates or documents of pollution
preventing in accordance with international
conventions and the
laws and rules of the state. Ships operating with oil or
poisonous and harmful
liquid in bulk, disposing of consumer
sewage, recycling ship waste shall be on record in accordance
with the related rules. |
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Article 9 The
ship waste shall be put in containers or garbage bags, the
poisonous and harmful waste or other
dangerous articles shall be
placed separately. |
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Article 10 The
facilities of a ship for pollution preventing shall be operated,
maintained and repaired by
persons specially assigned to such
work in order to ensure the regular usability of the facilities. |
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Article 11 It
shall be forbidden for ships to discharge pollutants to the sea
areas. If a ship has pollutants
which need to be disposed of, a
receiving unit approved by the maritime department shall be
entrusted
with accepting the pollutants, and the information of
names, properties and amounts of the pollutants shall be
provided for the receiving unit. If the receiving unit has to
transfer and dispose of the ship pollutants
in the city, it
shall have approval from the municipal department of
environmental protection at
the same time. |
The receiving unit shall gather the accepted ship
pollutants together and transfer them to the place designated by
the municipal department of environmental protection. |
The receiving unit shall report such acceptance to the
maritime department every month. |
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Article 12 If
a ship coming from an epidemic-stricken port has to dispose of
garbage, consumer sewage and ballasting
water, it shall apply to
the inspection and quarantine agency at port of entry for
sanitizing treatment.
Only after the sanitizing treatment may a
receiving unit be entrusted with accepting the waste; if the
waste has not gone through the sanitizing treatment, the
receiving unit shall not accept such delegation. |
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Article 13 Any
unit engaged in ship refueling shall obtain an operation permit
approved and issued by the maritime
department in accordance
with the related rules of the state, and also report to the
maritime department
about the names of ships, the time and sites
of operation, and the quality of fuel, etc. before refueling has
been in operation. |
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Article 14 When
a ship is loading or unloading at a dock or transshipping cargo
at an anchorage, the ship and
operator of the dock shall abide
by the operation rules, assign a special person to supervise on
the spot, and take effective measures to prevent pollution in
the sea areas. |
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Article 15 It
shall be forbidden for a ship with cargo in bulk to wash its
polluted decks within a harbor. |
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Article 16 The
maritime department shall have the waste water discharging
facilities of the following ships
sealed by lead: |
(1)
ships specialized in operations within a harbor; |
(2)
ships with the facilities of pollution preventing which
cannot operate normally; |
(3)
ships which has anchored in a harbor area more than 30
days. |
Without
approval from the maritime department, any units and individuals
may |
not
remove the lead sealing themselves. |
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Article 17 It
shall be forbidden for the following ships to load and unload: |
(1)
ships loaded with more than 2,000 tons of cargo oil in
bulk and having no insurance for civil damage liability of
oil
contamination or other letters of financial guarantee; |
(2)
ships causing more than two (including two) "serious or
major" accidents of pollution within one year. |
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Article
18
Any units engaged in ship repair and maintenance shall be
provided with equipments and materials
for preventing pollution.
When ships are under repair and maintenance, effective measures
shall
be taken to prevent the pollution of the sea areas. |
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Article 19 Before
salvaging a sunken ship, the owner of the ship or operator shall
provide the related information
of the ship and the loaded
pollutants for a salvage unit; the salvage unit shall make a
plan to
prevent pollution before operation and report it to the
maritime department for examination and approval. |
When salvaging a sunken ship, the salvage unit shall keep
watch on the spot, and also control the damage of pollution
according to the plan to prevent pollution and clean away
pollutants promptly. |
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Chapter III Prevention
and Control of Pollution Caused by Pollutants
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Originating in Land and
Coastal Projects
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Article 20 If coastal
projects of new construction, reconstruction, extended
construction affect the environment,
evaluation reports about
environmental effects shall be worked out, submitted to the
department
of environmental protection for approval, and the
rules concerning environmental management for construction
projects shall be strictly followed. |
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Article 21 Sea-filling
projects shall be under strict control. If a project of
sea-filling is indeed necessary,
in addition to complying with
the procedure for examination and approval of environmental
effects
according to Article 20 of these regulations, it shall
do enclosing in the first place and then fill in the sea,
and
also use the specified filling materials, in order to prevent
damages to the marine environment. |
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Article 22 Any
construction, reconstruction, extended construction of a dock
shall build facilities as accessories
to receive ship
pollutants, the receiving facilities shall be checked and
accepted at the same
time when the principal part of the
construction is done with this procedure, and put into use only
after approval from the department of environmental protection
and the maritime department in the overall check
and acceptance. |
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Article 23 It
shall be forbidden to open new sites for waste discharging in
the first class environmental functional
divisions of the sea
areas such as maritime conservation areas, conservation areas
for rare and
endangered marine organism, etc. and their coastal
areas. |
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Article 24 It
shall be forbidden in the second class environmental functional
divisions of the sea areas such
as aquiculture areas, bathing
beaches, etc. and their coastal areas to undertake any projects
of
construction, reconstruction, extended construction for
printing and dyeing, textile printing, papermaking, tanning,
electroplating, chemical engineering, smelting, brewing,
chemical fertilizer producing, dye making,
pesticide producing,
slaughtering or to engage in projects and facilities to
discharge oil, the
acid liquid, lye, radioactive water or waste
water with poisonous, harmful substances such as pathogen,
cyanogens compound, etc. |
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Article 25 The facilities
for waste water disposal shall be built up if the discharge of
the consumer sewage
of holiday villages, hotels, guesthouses,
residential quarters along the coast of the second class
environmental functional divisions of the sea areas has not been
able to be integrated into the urban facilities
of waste water
disposal for centralized treatment; the consumer sewage shall be
discharged only
after it meet the standard for discharging after
treatment. |
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Article 26 Any
construction in the third class environmental functional
divisions of the sea areas such as
general industrial areas,
etc., the fourth class environmental functional divisions of the
sea
areas such as harbor areas, the operation areas for marine
development, and their coasts shall meet the environmental
requirements for the corresponding environmental functional
divisions of the sea areas. |
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Article 27 Any
unit to discharge land-sourced pollutants shall apply, according
to the stipulation, to the
department of environmental
protection for a permit of pollutant discharge, without such
permit
it shall be forbidden to discharge pollutants. |
Any unit to discharge pollutants shall not change the way
of discharging without authorization. |
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Article 28 If
any unit holding a permit of pollutant discharge has pollutants
discharged to the sea areas to
overstep the index of density
control and the index of total amount control, the department of
environmental protection shall order taking measures for
rectification by a deadline; if the pollution is serious,
it
shall be ordered to stop production for rectification. |
Any unit being ordered to take rectifying measures by a
deadline or to stop production for rectification shall complete
rectification in compliance with the designated deadline and
requirements, and also apply for check
and acceptance to the
department of environmental protection which has decided to make
this rectification;
within the prescribed time limit for the
rectification, the discharged pollutants shall not overstep the
index of density control and the index of total amount control
set by the department of environmental
protection for pollutant
discharge. |
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Article 29 The
following acts to pollute the sea areas shall be forbidden: |
(1)
discharging and dumping industrial solid waste and
consumer waste to the sea areas; |
(2)
piling, discarding and disposing of chemicals, industrial
solid waste and consumer waste on the coast and beaches; |
(3)
operating in ship dismantling. |
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Article 30 The
units to use the sea areas or the coast such as harbors, docks, |
shipyards,
seaside resorts, etc. shall prevent waste from getting into the
sea, and also be responsible
for cleaning away consumer waste
and floating solid matters within the sea areas of their use. If
the duty to do cleaning has been refused, the maritime
department shall assign professional units to do it instead,
and
the user-units of the sea areas or the coast shall be held
liable for the cost. |
The cleaning of floating solid matters in the sea areas
other than those included in the above section shall be
entrusted by the maritime department to professional units, the
Municipal Government shall make
a comprehensive arrangement for
the cost. |
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Article 31 If
a unit has to throw mud into the sea in its operation for a
coastal project, it shall obtain
a permit issued by the marine
management department, report the information of the
mud-throwing
ships as well as the location, amount and time of
the mud-throwing operation to the maritime department, and start
the operation after approval. |
Mud-throwing shall be in operation on the approved sea
areas. |
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Chapter IV Pollution
Surveillance and Monitoring
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Article 32 All ships,
operator-units of docks, user-units of the coastline and
individuals shall have an obligation
to protect the environment
of the sea areas, and also have a right to report the acts of
polluting
the sea areas to the related responsible departments. |
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Article 33 The
municipal and district departments of environmental protection
shall monitor the waste discharging
in all the sites assigned
for this purpose; the maritime department and the marine
management department
shall keep watch on the sea areas
according to their respective duties and deal with the acts of
polluting the sea areas in accordance with law if these acts
have been found. |
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Article 34 The
municipal department of environmental protection shall regularly
monitor the quality of water
of the sea areas and inform the
public regularly of the environmental situation in the sea
areas. |
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Article 35 When
a serious accident of pollution has taken place in a sea area or
might affect the environment
of the neighboring sea areas, the
salvage center shall promptly report the related development to
the related responsible department at the higher level and
inform the responsible departments of the neighboring
areas. |
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Chapter V Emergency
Management of Pollution Accidents
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Article 36 The salvage
center shall be responsible for organizing the related
departments to make an emergency
plan for pollution preventing
in the sea areas, and, after complying with the stipulated
procedure
for reporting and approving the plan, organize its
implementation. |
Any units engaged in oil, chemicals such as docks,
coastal warehouses, etc. shall make an emergency reaction plan
of pollution preventing in compliance with the stipulations,
report it to the salvage center and
implement it upon approval. |
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Article 37 The
salvage center shall regularly organize units engaged in oil,
chemicals such as docks, coastal
warehouses, etc. to exercise
themselves in the emergency reaction to prevent pollution. |
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Article 38 Any
ship or unit causing an accident of pollution in the sea areas
shall promptly report to the
responsible department and
implement an emergency plan, take effective measures immediately
to
control, eliminate or reduce the damages of the pollution,
and accept the investigation and settlement made by the
maritime
department or the municipal and district departments of
environmental protection. |
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Article 39 After receiving
a report about an accident of pollution, the salvage center
shall quickly organize
an evaluation of the level of the
emergency reaction according to the nature of the accident, the
degree of pollution and the requirements of salvage, and also
organize manpower, mobilize equipments for waste
cleaning to put
salvage into operation. |
In order to control or reduce the damages of pollution,
the salvage center shall have a right to take compulsory
measures of pollutant cleaning, all the costs arising therefrom
shall be born by the person responsible
for the accident; but,
as for the unrecoverable costs of pollutant cleaning such as the
cost that
the insolvent ship owner is incapable of paying, the
cost that goes beyond the limit of the ship owner' s
responsibility, and the cost that results from the pollutants of
unknown origin, the Municipal Government
shall make a
comprehensive arrangement. |
Operator-units of ships, harbors, docks and other
user-units of the coastline, and individuals shall have a
responsibility to assist the governmental departments to clean
pollutants. |
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Article 40 If
a ship has caused pollution in the sea areas, it shall clear a
bill of the related cost or provide
the related economic
guarantee before its departure. |
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Article 41 If
a deoiling agent is indeed necessary for cleaning away
pollutants in the sea areas, the user
shall apply in writing to
the maritime department, submit documents and materials such as
the certificate
of the state' s approval of this agent, its
trademark, the amount planned for use, the operating location,
the way of use, etc., and start to use only after approval. |
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Chapter VI Legal
Liability
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Article 42 If one of the
following acts has been found, the maritime department shall
order making a correction
and also impose a fine of 5,000 RMB: |
(1)
in violation of Article 8 of these regulations, failing
to provide a certificate or a document of pollution preventing
for a ship in compliance with the rules, or failing to keep a
record in compliance with the stipulation; |
(2)
in violation of the second section of Article 36 of these
regulations, failing to make an emergency reaction plan
for
pollution preventing. |
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Article 43
If one of the following acts has been found, the maritime
department |
shall
order making a correction and also impose a fine of more than
10,000 but less than 30,000
RMB: |
(1)
in violation of Article 9 of these regulations, failing
to store the ship waste in compliance with the rules; |
(2)
in violation of Article 10 of these regulations,
dismantling or stopping use of facilities for a ship to prevent
pollution without authorization; |
(3)
in violation of Articles 14, 18, 19 of these regulations,
failing to take effective measures to prevent pollution
in the
sea areas; |
(4)
in violation of Article 41 of these regulations, using a
deoiling agent without approval. |
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Article 44
If one of the following acts has been found, the maritime
department |
shall
order stopping operation and also impose a fine of 50,000 RMB: |
(1)
in violation of the first section of Article 11 of these
regulations, entrusting an unqualified unit to receive ship
pollutants or receiving such pollutants without authorization; |
(2)
in violation of Article 13 of these regulations,
operating in refueling without obtaining a permit for such
operation; |
(3)
in violation of Article 22 of these regulations, failing
to build facilities to receive ship pollutants on a dock
or
putting such facilities into use without complying with the
procedure for check and acceptance; |
(4)
in violation of Article 31 of these regulations,
operating in mud-throwing without authorization or operating in
mud-throwing within an unapproved sea area. |
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Article
45 If
one of the following acts has been found, the maritime
department shall order making a correction
and also impose a
fine of 10,000 RMB: |
(1)
in violation of Article 15 of these regulations, washing
polluted decks within a harbor; |
(2)
in violation of the second section of Article 16 of these
regulations, removing lead sealing without authorization. |
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Article 46 If,
in violation of these regulations, any ship, operator-unit of
refueling, |
unit
to receive ship pollutants has caused an accident of oil
pollution, the maritime department
shall order taking effective
measures to prevent expanding the pollution and to clean away
the
pollutants, and also impose a fine of 5,000 RMB in case of
less than 100 kilograms of spilled oil; in case of more
than 100
kilograms of spilled oil, a fine of 1,000 RMB per 100 kilograms
shall be imposed for the
part of the spilled oil exceeding 100
kilograms, but the total amount of the fine shall not exceed
500,000 RMB. |
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Article
47 If, in violation of Article 20 of these regulations, a
coastal project is under construction without approval or
without following the requirements of an approved evaluation
report of environmental effects, the
department of environmental
protection shall order stopping construction, dismantling and
removing
by a deadline, or taking remedial measures, and also
impose a fine of more than 50,000 but less than 100,000 RMB;
if
the case is serious, a fine of more than 100,000 but less than
200,000 RMB shall be imposed. |
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Article 48 If
one of the following acts has been found, the municipal or
district departments of environmental
protection shall order
making a correction or cleaning, and also impose a fine of more
than 10,000
but less than 50,000 RMB; if the case is serious, a
fine of more than 50,000 but less than 100,000 RMB shall be
imposed: |
(1)
in violation of Article 22 of these regulations, using
filling materials other than the designated ones or engaging
in
a project of sea enclosure without following the stipulated way; |
(2)
in violation of Article 25 of these regulations, failing
to build facilities for waste water discharge or discharging
the
waste water which does not meet the standard after treatment; |
(3)
in violation of Article 27 of these regulations,
discharging waste without a permit or changing the way of waste
discharge without authorization; |
(4)
violating Article 29 of these regulations. |
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Article
49 If
a unit which, in violation of Article 28 of these regulations,
was ordered to make rectification
by a deadline has failed to do
so and continued its excessive waste discharge, the department
of
environmental protection shall order stopping use of the
facilities causing pollution, and also impose a fine of
more
than 50,000 but less than 100,000 RMB; if the case is serious,
stopping production and stopping
operation shall be ordered. |
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Article 50 All
fines shall be turned over in full amount to the municipal and
district departments of public
finance. |
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Article 51 If
the staff members of the responsible departments, in violation
of these regulations, have neglected
duties, abused power,
practiced favoritism and engaged in irregularities, the units
they belong
to or supervisory departments shall discipline them
by administrative penalties; if there is a criminal offence,
the
criminal responsibility shall be ascertained according to law. |
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Article 52 If
a person concerned has refused to accept a penalty imposed by a
district department of environmental
protection or a
representative office of the maritime department, an application
may be filed to
the municipal department of environmental
protection or the maritime department for review within 60 days
after receiving the penalty notice; if a person concerned has
refused to accept the penalty imposed by
the municipal
department of environmental protection or the maritime
department, an application
may be filed to the Municipal
Government for review within 60 days after receiving the penalty
notice; if a review decision has been refused to accept, an
appeal may be lodged to a people' s court within 15
days after
receiving the review decision. A person concerned may also
appeal directly to a people'
s court within 15 days after
receiving a penalty notice. |
If a person concerned has not applied for review or
appealed to a people' s court, and also failed in
implementation, the responsible departments may apply to a
people' s court for compulsory implementation. |
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Article 53 Any
unit and individual falling a victim to the damages caused by
environmental pollution in the
sea areas shall have a right to
claim compensation for loss from the party responsible for
pollution.
A person concerned in a compensation dispute may
apply to the related responsible departments for mediation, and
may also bring a suit or apply for arbitration. |
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Chapter VII
Supplementary Provisions
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Article 54 The following
terms used in these regulations are defined as follows: |
(1)
ships are referred to all vessels with water draining or
without water draining, rafts, seaplanes, scubas, and mobile
platforms; |
(2)
ship pollutants are referred to those produced by ships
such as waste water with oil, consumer sewage, residual oil,
garbage, paint, rust, etc.; |
(3)
cargo oil is referred to the oil carried and delivered by
ships but not used by ships; |
(4)
land-sourced pollutants
are referred to those water pollutants which are directly
discharged from land to the sea areas or indirectly discharged
on the way of municipal pipelines, ditches directing to the sea
areas, but not including the urban
waste water after the second
class treatment and the water pollutants discharged to the sea
areas
through rivers; |
(5)
coastal projects are referred to those construction
projects which have their principal part or operations below
the
coastline, in order to control sea water or to use the sea to
complete part of or all of their
functions, and affect the
marine environment. |
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Article
55 The
management of pollution preventing for the facilities within the
sea areas (not including fixed
drilling platforms) and for ships
traveling in navigable waters of inland rivers shall be
implemented
by referring to these regulations. |
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Article
56 These regulations shall take effect as of March 1, 2000. |