Chapter V Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects

Article 42 Construction of new coastal projects, renovation or extension of existing coastal projects must be conducted in compliance with relevant State regulations governing environment protection in construction projects and shall channel the capital needed for the prevention and control of pollution into construction project investment plan.

Within the lawfully delimited marine nature reserves, coastal historic sites and scenic spots, important fishery waters and other areas which call for special protection, no coastal construction project or any other operation that may cause pollution to environment or damage to landscape shall be undertaken.

Article 43 Any unit intending to construct a coastal project must, at the project feasibility study stage, conduct scientific survey of the marine environment, select suitable site in the light of natural and social conditions and formulate and submit environmental impact assessment. The environmental impact assessment shall, after receiving deliberated opinions from the interested oceanic administrative department, be submitted to the interested administrative department in charge of environment protection for examination and approval.

The administrative department in charge of environment protection must, before approving of the environmental impact assessment, solicit opinions of the administrative departments respectively in charge of maritime affairs and fishery as well as the environment protection department of the armed forces.

Article 44 The environment protection installations for a coastal construction project must be designed, built and put into use simultaneously with the construction project itself. The construction projects may not be put into trial operation if the environment protection installations are not yet examined and approved by the interested administrative department in charge of environment protection; and the construction project may not be put into production or use, if the environment protection installations are not yet checked and accepted by the interested administrative department in charge of environment protection or are found not up to the standard for acceptance after the check.

Article 45 It is prohibited to construct in coastal land areas any new industrial projects that do not possess effective pollution treatment measures, such as chemical pulp and paper mill, chemical plant, dye printing mill, tannery, electroplating mill, brewery, oil refinery, beach ship-dismembering and other projects which cause serious marine environment pollution.

Article 46 In building coastal construction projects, effective measures must be taken to protect wild animals and plants and their living environment as well as marine aquatic resources under State and local particular protection.

It is strictly prohibited to mine sand and gravel along the shore. In conducting coastal open air placer mining or shore-based well drilling to exploit seabed mineral resources, effective measures must be taken to prevent pollution to the marine environment.

Chapter VI Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects

Article 47 In carrying out any marine construction project, marine functional zonation scheme, marine environment protection plan and relevant State environment protection standards must be complied with, an at its feasibility study stage, a marine environmental impact assessment statement shall be worked out and submitted to the interested oceanic administrative department for verification and approval; the statement shall also be reported to the interested administrative department in charge of environment protection for the record and be subjected to its supervision.

The interested oceanic administrative department, before verifying and approving the marine environmental impact assessment statement, must solicit opinions from the interested administrative departments respectively in charge of maritime affairs and fishery as well as from the environment protection department of the armed forces.

Article 48 The environment protection installations for a marine construction project must be designed, built and put into use simultaneously with the construction project itself. The construction project may not be put into trial operation if the environment protection installations are not yet examined and approved by the interested oceanic administrative department; the construction project may not be put into production or use if the environment protection installations are not yet checked and accepted by the oceanic administrative department or are found not up to the standard for acceptance after the check.

Prior consent must be obtained form the interested oceanic administrative department if the environment protection installations are to be dismantled or laid idle.

Article 49 Materials containing radioactivity in excess of standards or materials containing toxic and harmful substance easy to dissolve in the water may not be used in a marine construction project.

Article 50 Where a marine construction project needs explosive operations, effective measures must be taken to protect marine resources.

In the course of offshore petroleum exploration and exploitation as well as oil transportation, effective measures must be taken to avoid occurrence of oil spill.

Article 51 Oily waste water and oily mixtures from offshore oil rigs, drilling platforms and oil extraction platforms must be properly treated and reach discharge standards before their discharge into the sea. Residual and waste oil must be recovered and may not be discharged into the sea. In discharging any recovered residual or waste oil that has undergone treatment, the oil content thereof may not exceed the standards laid down by the State.

Oil-based mud and toxic compound mud used in drilling may not be discharged into the sea. The discharge of any water-based mud, non-toxic compound mud or drilling breaks into the sea must comply with the relevant provisions of the State.

Article 52 Offshore oil rigs, drilling platforms, oil extraction platforms and their ancillary installations on the sea shall not dispose oil-containing industrial garbage in the sea. The disposal of other industrial garbage must not cause pollution to the marine environment.

Article 53 In any offshore well testing, it shall be ensured that the oil and gas be thoroughly burned, and that no oil and oily mixtures be discharged into the sea.

Article 54 Any offshore oil exploration and exploitation necessitates the formulation of an oil spill contingency scheme according to the relevant regulations and the scheme shall be submitted to the State oceanic administrative department for examination and approval.

Chapter VII Prevention and Control of Pollution Damage to the Marine Environment caused by Dumping of Wastes

Article 55 Without approval of the State oceanic administrative department, no unit may dump any wastes into the sea areas under the jurisdiction of the People's Republic of China.

Any unit that needs to dump wastes in the sea must submit a written application to the State oceanic administrative department, and may dump its wastes only after the State oceanic administrative department has examined and approved the application and a permit is granted.

It is prohibited to dump any wastes originating from outside the territory of the People's Republic of China into the sea areas under the jurisdiction of the People's Republic of China.

Article 56 The State oceanic administrative department shall work out assessing procedures and standards for wastes dumping into the sea according to the toxicity and poisonous substance content of the wastes and their impact degree to the marine environment.

Dumping wastes into the sea shall follow a graded management based on the categories and quantities of the wastes.

The State oceanic administrative department shall work out a catalogue of the wastes permitted to be dumped into the sea, which shall be submitted to the administrative department in charge of environment protection under the State Council for deliberation and commenting, and then submitted to the State Council for approval.

Article 57 The State oceanic administrative department shall, in the light of the principle of being scientific, rational, economic and safe, select and delimit the sea dumping sites which shall be submitted to the administrative department in charge of environment protection under the State Council for deliberation and commenting, and then submitted to the State Council for approval.

Temporary sea dumping sites shall be approved by the State oceanic administrative department and be reported to the administrative department in charge of environment protection under the State Council for the record.

The State oceanic administrative department must solicit opinions from the State administrative departments respectively in charge of maritime affairs and fishery before delimiting any sea dumping sites approving any temporary sea dumping sites.

Article 58 The State oceanic administrative department shall exercise supervision and control over the use of the sea dumping sites and organize the environmental monitoring thereof. Where a dumping site proves no longer suitable for use, the State oceanic administrative department shall close it down after verification, terminate all dumping activities conducted there and report thereon to the State Council for the record.

Article 59 Any unit with a permit to dump wastes must act in accordance with the time limit and conditions set down on the permit and carry out dumping in the designated site. After the wastes have been loaded for dumping, the approval department shall check for verification.

Article 60 The unit with a permit to dump wastes shall record down the details of dumping and submit a written report to the approval department after dumping. The vessels engaged in the waste dumping must report to the administrative department in charge of maritime affairs of the departure port.

Article 61 Incineration of wastes on the sea is forbidden.

Disposal of wastes with radioactivity and other radioactive substances on the sea is forbidden. The exemptible radioactive content in the wastes shall be determined by the State Council.

Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment Caused by Vessels and Their Related Operations

Article 62 No vessels and their related operations may discharge in the sea areas under the jurisdiction of the People's Republic of China any pollutants, wastes, ballast water, vessel garbage or other harmful substances into the sea in violation of the provisions of this Law.

Those engaged in collecting pollutants, wastes and garbage from vessels or in clearing and washing vessel cabins must possess corresponding collection and treatment capacities.

Article 63 All vessels must, in accordance with relevant regulations, possess certificates and documents for the prevention of pollution to marine environment and make factual records whenever conducting pollutant discharge or any other operations involving pollutants.

Article 64 All vessels must be equipped with adequate pollution prevention facilities and equipment.

For a vessel engaged in transporting cargo apt to cause pollution damage, its structure and equipment shall be capable of preventing or reducing the pollution that the loaded cargo may cause to the marine environment.

Article 65 All vessels shall observe the stipulations of the marine traffic safety laws and regulations and prevent marine environment pollution caused by such sea accidents as collision, running on rocks, stranding, fire and explosion.

Article 66 The State shall perfect and put into practice the civil liability system of compensation for vessel-reduced oil pollution, and shall establish a fund system for vessel-induced oil pollution insurance and oil pollution compensation based on the principle of the vessel owner jointly undertaking the risks of any vessel-induced oil pollution compensation liability.

Specific measures for the implementation of the vessel-induced oil pollution insurance and oil pollution compensation fund system shall be formulated by the State Council.

Article 67 For a vessel that sails into or out of a port and engages in transporting cargo apt to cause pollution damage, the carrier and the owner of the cargo or his agent must declare in advance to the interested administrative department in charge of maritime affairs. The vessel may sail into or out of the port, make a transit stop or conduct loading and unloading handling in the port only after approval.

Article 68 While any cargo apt to cause pollution damage is delivered to a vessel for shipping, its vouchers, packages, marks and quantity limitations must be in conformity with the relevant regulations governing the cargo in question.

In case it is necessary for a vessel to transport any cargo with uncertainty whether apt to cause pollution damage, an assessment shall be made beforehand in accordance with the relevant regulations.

In undertaking loading and unloading operation of any oil or toxic and harmful cargo, the vessel and the port shall both comply with the relevant operation rules and regulations to ensure safety and pollution prevention.

Article 69 Ports, docks, loading and unloading spots and shipyards must, be equipped with proper facilities to collect and treat vessel-induced pollutants and wastes in accordance with the relevant regulations, and shall keep these facilities in good conditions.

Ports, docks, loading and unloading spots and shipyards must draw up oil spill pollution contingency scheme and shall be equipped with corresponding contingency equipment and devices.

Article 70 The conduct of any of the following operations shall, in accordance with the relevant regulations, be reported to the relevant department for approval or permission beforehand:

(1)the use of an incinerator in port water by a vessel;

(2)the conduct of such operations as cabin washing, cabin cleaning, gas discharging, ballast water and residual oil discharging, oily water collecting, gunwale rust-eradicating and paint coating by a vessel in the port waters.

(3)the use of oil detergent chemicals for a vessel, a dock or other facilities;

(4)the washing of decks of a vessel contaminated by pollutants or toxic and harmful substances;

(5)the operation of ship-to-ship transfer of bulk liquid cargo apt to cause pollution damage; and

(6)the operation of ship dismembering, ship salvaging, ship building or repairing in the sea, or any other surface or under-water ship construction or repairs.

Article 71 In case of the sea accident of a vessel that has caused or may cause major pollution damage to the marine environment, the State administrative department in charge of maritime affairs is entitled to adopt enforcement measures to avoid or reduce the pollution damage.

In case of any sea accident taken place on the high sea that has resulted in major pollution damage to a sea area under the jurisdiction of the People's Republic of China or in case of any vessel or facilities on the sea that threaten to pollute such sea area, the State administrative department in charge of maritime affairs is entitled to adopt necessary measures sufficient to cope with the pollution that has actually taken place or may possibly take place.

Article 72 All vessels have the obligation to supervise pollution on the sea and, whenever discovering any pollution accident on the sea or any act that violates the provisions of this Law, they must immediately report to the nearest department empowered by this Law to conduct marine environment supervision and control.

Whenever a civil aircraft discovers any pollutant discharge or any pollution accident on the sea, it must immediately report to the nearest civil aviation air traffic control unit. The unit that has received such report shall immediately notify the department empowered by this Law to conduct marine environment supervision and control.

Chapter IX Legal Liabilities

Article 73 In case of any of the following acts, in violation of the provisions of this Law, the department empowered by this Law to conduct marine environment supervision and control shall order a correction and impose a fire in accordance with the provisions of this Law:

(1)discharging into the sea any pollutants or any other substances the discharge of which is prohibited by this Law;

(2)discharging pollutants into the sea in a way inconsistent with the provisions of this Law, or discharging pollutants in excess of standards;

(3)dumping wastes in the sea without obtaining a permit for dumping; and

(4)failing to take prompt measures for a treatment in the event of an accident or any other contingency that has caused pollution to the marine environment.

For any violation as mentioned in (1) and (3) of the preceding paragraph, a fine of not less than RMB 30,000 yuan but not more than 200,000 yuan shall be imposed; for any violation as mentioned in (2) and (4) of the preceding paragraph, a fine not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.

Article 74 In case of any of the following acts in violation of the provisions of this Law, the department empowered by this Law to conduct marine environment supervision and control shall give a warning or impose a fine in accordance with the provisions of this Law:

(1)failing to declare or even refusing to declare matters involving the discharge of pollutants in accordance with the relevant provisions, or resorting to falsification in declaring;

(2)failing to report in accordance with the relevant provisions in the event of an accident or any other contingency;

(3)failing to make records of a dumping in accordance with the relevant provisions or failing to submit the dumping report in accordance with the relevant provisions; and

(4)refusing to declare or declaring untruthfully matters involving the transportation of any cargo apt to cause pollution damage by a vessel.

For any violation as mentioned in (1) and (3) of the preceding paragraph, a fine not more than 20,000 yuan shall be imposed; for any violation as mentioned in (2) and (4) of the preceding paragraph, a fine not more than 50,000 yuan shall be imposed.

Article 75 In case of a violation of the provisions of the second paragraph of Article 19 of this Law by refusing an on-the-spot inspection or resorting to falsification during the inspection, the department empowered to conduct marine environment supervision and control shall give a warning and impose a fine not more than 20,000 yuan in accordance with the provisions of this Law.

Article 76 In case of a violation of the provisions of this Law that results in damage to marine ecosystems of coral reefs and mangroves, to marine aquatic resources or to marine protected areas, the department empowered to conduct marine environment supervision and control shall order a correction and adoption of remedial measures within a prescribed time limit in accordance with the provisions of this Law and impose a fine not less than 10-,000 yuan but not more than 100,000; where there are any illegal gains, the illegal gains shall be confiscated.

Article 77 In case of the installation of any pollutant discharge outlet into the sea in violation of the provisions of the first and third paragraphs of Article 30 of this Law, the department in charge of environment protection under the relevant local people's government at or above the county level shall order its closing down and impose a fine not less than 20,000 yuan but not more than 100,000 yuan.

Article 78 In case of dismantling or laying idle without authorization any environment protection installation in violation of the provisions of the third paragraph of Article 32 of this Law, the department in charge of environment protection under the relevant local people's government at or above the county level shall order its re-installation and use, and impose a fine not less than 10,000 yuan but not more than 100,000 yuan.

Article 79 In case of the shift of any dangerous wastes through the sea areas under the jurisdiction of the People's Republic of China in violation of the provisions of the second paragraph of Article 39 of this Law, the State administrative department in charge of maritime affairs shall order the vessel illegally shifting the dangerous wastes to withdraw from the sea areas under the jurisdiction of the People's Republic of China, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

Article 80 In case of building any coastal construction project without an examined and approved environmental assessment thus in violation of the provisions of the first paragraph of Article 43 of this Law, the department in charge of environment protection under the relevant local people's government at or above the county level shall order cessation of the law-breaking act and adoption of remedial measures, and impose a fine not less than 50,000 yuan but not more than 200,000 yuan; or the relevant local people's government at or above the county level shall order dismantling of the project in accordance with its scope of authority in administration.

Article 81 In case of putting into production or use of any coastal construction project without completing the construction of environment protection installations or with environment protection installations failing to meet prescribed requirements, thus in violation of Article 44 of this Law, the interested administrative department in charge of environment protection shall order cessation of the production or use of the project and impose a fine not less than 20,000 yuan but not more than 100,000 yuan.

Article 82 In case of building any new industrial construction project causing serious pollution to the marine environment in violation of the provisions of Article 45 of this Law, the relevant people's government at or above the county level shall order its closing down in accordance with the scope of authority in administration.

Article 83 In case of building any marine construction project, or putting any marine construction project into production or use without completing the construction of environment protection installations or with environment protection installations failing to meet the prescribed requirements, in violation of the provisions of first paragraph of Article 47 and Article 48 of this Law, the interested oceanic administrative department shall order cessation of the construction or cessation of production or use of the project, and impose a fine not less than 50,000 yuan but not more than 200,000 yuan.

Article 84 In case of the use of any material containing radioactive substance in excess of standards or toxic and harmful substances easy to dissolve in the water in violation of the provisions of Article 49 of this Law, the interested oceanic administrative department shall order cessation of the operation of the construction project in question till the relief of the pollution damage, and impose a fine not more than 50,000 yuan.

Article 85 In case of the conduct of any offshore oil exploration and exploitation in violation of the provisions of this Law, thus causing pollution damage to the marine environment, the State oceanic administrative department shall give a warning and impose a fine not less than 20,000 yuan but not more than 200,000 yuan.

Article 86 In case of a violation of the provisions of this law by dumping wastes not in compliance with requirements as specified on the permit, or by dumping wastes in the dumping zone already closed down, the interested oceanic administrative department shall give a warning and impose a fine not less than 30,000 yuan but not more than 200,000 yuan; where the case is serious, the permit may be temporarily detained or revoked.

Article 87 In case of a violation of the provisions of the third paragraph of Article 55 of this Law by transporting wastes from the outside of the People's Republic of China and dumping them in the sea areas under the jurisdiction of the People's Republic of China, the State oceanic administrative department shall give a warning and shall, in accordance with the consequences of the damage that has been caused or may possibly be caused, impose a fine not less than 100,000 yuan but not more than 1,000,000 yuan.

Article 88 In case of a violation of the provisions of this Law by committing any of the following acts, the interested department empowered to conduct marine environment supervision and control shall give a warning or impose a fine in accordance with the provisions of this Law:

(1)failing to equip with pollution prevention facilities and devices for ports, docks, loading and unloading spots or vessels;

(2)failing to possess pollution prevention certificate or pollution prevention document for vessels, or failing to take records of pollutant discharge in accordance with the relevant provisions;

(3)engaging in such operations as surface and port water area ship dismantling, old vessel refitting, salvaging and other surface and underwater operations that cause pollution damage to the marine environment; and

(4)transportation by vessels such cargoes that do not meet the pollution prevention and transportation requirements.

For any act as mentioned in (1) and (4) of the preceding paragraph, a fine not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; for any act as mentioned in (2) of the preceding paragraph, a fine not more than 20,000 yuan shall be imposed; and for any act as mentioned in (3) of the preceding paragraph, a fine not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.

Article 89 In case of a violation of the provisions of this Law by failing to work out oil spill contingency scheme for vessels, oil platforms or ports, docks, loading and unloading spots engaged in oil handling the interested department empowered to conduct marine environment supervision and control shall give a warning in accordance with the provisions of this Law, or shall order a correction within a time limit.

Article 90 Any party that is directly responsible for a pollution damage to the marine environment shall relieve the damage and compensate for the losses; in case the pollution damage to the marine environment is entirely caused by an intentional act or a fault of a third party, that third party shall relieve the damage and be liable for the compensation.

For any damages caused to marine ecosystems, marine aquatic resources or marine protected areas that result in heavy losses to the State, the interested department empowered by the provisions of this Law to conduct marine environment supervision and control shall, on behalf of the State, claim compensation to those held responsible for the damages.

Article 91 Any unit that violates the provisions of this Law, causing thus pollution accident to the marine environment, shall be fined by the interested department empowered by the provisions of this Law to conduct marine environment supervision and control according to the degree of the damage and losses incurred; where the person in charge directly responsible for the accident and the other directly responsible persons are State functionaries, they shall receive administrative sanctions pursuant to law.The amount of fine mentioned in the preceding paragraph shall be so calculated that it amounts to 30 per cent of the direct losses, but shall not exceed 300,000 yuan.

For any accident that causes major marine environment pollution and results thus in grave consequences of heavy losses in public and private properties or in injury and death of persons, criminal responsibility shall be investigated according to law.

Article 92 Where damage to the marine environment caused by a pollution can not be avoided despite prompt and reasonable adoption of measures, and where the pollution is entirely attributable to any of the following circumstances, the parties concerned held responsible shall be exempt form liability:

(1)war;

(2)irresistible natural calamities; or

(3)negligence or other wrongful acts in the performance of a department responsible for the maintenance of beacons or other navigation aids.

Article 93 Administrative penalties for any violations of the provisions of Articles 21 and 22 of this Law concerning the payment of pollutant discharge fees, dumping fees and deadline for remedy shall be prescribed by the State Council.

Article 94 Where a functionary engage in marine environment supervision and control abuses his power, neglects his duty or perpetrates malpractice for personal gains, thus causing pollution damage to the marine environment, administrative sanction shall be given pursuant to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter X Supplementary Provisions

Article 95 For the purpose of this Law, the following expressions shall have the meanings hereunder assigned to them:

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

(2)"Internal waters" means all sea areas on the land-ward side of the baseline of the China's territorial sea.

(3)"Coastal wetland" means water areas where the depth of water is less than 6 metres at low tides and its coastal flooded and wet areas, including the permanent water areas, the intertidal zones and other coastal low lands (or flooded areas) where the depth of water is less than 6 metres.

(4)"Marine functional zonation scheme" means delimitation of dominant functions and scope in marine utilization in the light of marine natural attributes and social attributes as well as natural resources and specified environment conditions.

(5)"Fishing areas" means spawning grounds, feeding grounds, wintering grounds and migration channels of fishes and shrimps ,and the mariculture waters of fishes, shrimps shellfishes and algae.

(6)"Oils" means any kind of oil and its refined products.

(7)"Oily mixtures" means any mixtures containing oil.

(8)"Discharge" means acts to drain pollutants into the sea, where by pumping, spilling, releasing, gushing or pouring.

(9)"Land-based pollution sources" refers to the sites or facilities that discharge from the land into the sea pollutants which cause or may cause marine environment pollution.

(10)"Land-based pollutant " means pollutant discharged from land-based sources.

(11)"Dumping" means to dispose of wastes or other harmful substances in the sea from vessels, aircraft, platforms or other means of transport, including the abandonment of vessels, aircraft, platforms and other floating apparatus.

(12)"Coastal land areas" means areas connected with the coast or areas where pollutants are directly or indirectly discharged into the sea through pipelines, channels and facilities installations, and where related operations are conducted.

(13)"Incineration on the sea" means intentional act of burning wastes or other substances by burning devices on the sea aiming at destruction by heat; however, such acts that occur accidentally during normal operation of vessels, platforms or other man-made structures shall be excluded.

Article 96 Where specific divisions of functions and powers for the relevant departments involved in marine environment supervision and control are not defined in this Law, the State Council shall define them.

Article 97 Where an international treaty regarding marine environment protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in this Law, the provisions of the international treaty shall apply; however the provisions about which the People's Republic of China has declared reservations shall be excepted.

Article 98 This Law shall come into force as of April 1, 2000.