Law of the People's Republic of China on Marine Environment Protection - 1983
(Adopted by the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982, and effective on March 1, 1983)
Contents
Chapter I General Provisions
Chapter II Prevention of Pollution Damage to the Marine Environment by Coastal Construction Projects
Chapter III Prevention of Pollution Damage to the Marine Environment by Offshore Oil Exploration and Exploitation
Chapter IV Prevention of Pollution Damage to the Marine Environment by Pollutants from the Land
Chapter V Prevention of Pollution Damage to the Marine Environment by Vessels
Chapter VI Prevention of Pollution Damage to the Marine Environment by the Dumping of Wastes
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of protecting the marine environment and resources, preventing pollution damage, maintaining ecological balance, safeguarding human health and promoting the development of marine programs, this Law is hereby enacted.
Article 2
This Law shall apply to the internal seas and territorial seas of the People's Republic of China as well as all other sea areas under the jurisdiction of the People's Republic of China.
All vessels, platforms, aircraft and submersibles as well as all enterprises, institutions and individuals engaged in navigation, exploration, exploitation, production, scientific research or other activities in the sea areas under the jurisdiction of the People's Republic of China shall abide by this Law.
This Law shall also apply to the discharge of harmful substances and the dumping of wastes into sea beyond the sea areas under the jurisdiction of the People's Republic of China that cause pollution damage to sea areas within the jurisdiction of the People's Republic of China.
Article 3
All units and individuals entering the sea areas under the jurisdiction of the People's Republic of China shall have the responsibility to protect the marine environment and shall have the obligation to supervise and report on actions causing pollution damage to the marine environment.
Article 4
The relevant departments under the State Council and the people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government may, according to 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 shall be in charge of the marine environmental protection of the whole country.
The State administrative department of marine affairs shall be responsible for organizing investigations and monitoring of and exercising surveillance over the marine environment, and conducting scientific research in this field, and shall also be in charge of environmental protection against marine pollution damage caused by offshore oil exploration and exploitation and by the dumping of wastes into the sea.
The harbor superintendency administration of the People's Republic of China shall be responsible for supervising, investigating and dealing with the discharge of pollutants from vessels and for exercising surveillance over the waters of the port areas, and shall also be in charge of environmental protection against pollution damage caused by vessels.
The State fisheries administration and fishing harbor superintendency agencies shall be responsible for supervising the discharge of pollutants by vessels in the fishing harbors and for exercising surveillance over the waters in the fishing harbors.
The environmental protection department of the armed forces shall be responsible for supervising the discharge of pollutants by military vessels and exercising surveillance over the waters of the naval ports.
The environmental protection departments of the coastal provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing, coordinating, supervising and inspecting the marine environmental protection work in their respective administrative areas, and shall be in charge of environmental protection against pollution damage caused by coastal construction projects and pollutants from the land.
Chapter II Prevention of Pollution Damage to the Marine Environment by Coastal Construction Projects
Article 6
Units in charge of coastal construction projects must, before drawing up and submitting their project plan descriptions, conduct scientific surveys of the marine environment, select suitable sites in the light of natural and social conditions and formulate and submit environmental impact statements in accordance with relevant State regulations.
Article 7
Measures must be taken to protect the aquatic resources when building harbors and oil terminals as well as water conservancy facilities and tidal power stations in estuaries. Dams to be built across fish and crab migration routes shall have appropriate fish passage facilities.
Article 8
Facilities to receive and treat residual and waste oils, oil-polluted water and other wastes, necessary anti-pollution equipment and monitoring and alarm devices shall be installed at ports and oil terminals.
Article 9
The development and utilization of tidal land shall be subject to comprehensive planning and strict administration. The reclamation of land from the sea, or other projects to enclose sea areas, and the excavation of sand and gravel shall be strictly controlled. For projects that are definitely necessary, environmental impact statements based on investigations and comparison of economic results must be prepared and submitted for approval to the environmental protection departments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, and for large-scale projects to enclose sea areas, such statements must also be submitted to the environmental protection department under the State Council for examination and approval.
It is forbidden to destroy seashore shelter belts, scenic woods, scenic rocks, mangroves and coral reefs.
Chapter III Prevention of Pollution Damage to the Marine Environment by Offshore Oil Exploration and Exploitation
Article 10
Enterprises engaged in offshore oil exploitation or their competent authorities shall, before drawing up and submitting their project plan descriptions, prepare environmental impact statements which shall include effective measures for the prevention of pollution damage to the marine environment, and such statements shall be submitted to the environmental protection department under the State Council for examination and approval.
Article 11
When offshore oil exploration and other offshore activities require explosive operations, effective measures shall be taken to protect fishery resources.
Article 12
Oils used in the course of exploration and exploitation shall be strictly controlled so as to prevent oil leakage accidents. Residual and waste oils shall be recovered and may not be discharged into the sea.
Article 13
Oil-polluted water and oil mixtures from offshore oil rigs, drilling platforms and oil extraction platforms may not be directly discharged into the sea; When they are discharged after recovery treatment, the oil content of the discharges may not exceed the standards set by the State.
Article 14
Offshore oil rigs, drilling platforms and oil extraction platforms may not dispose oil-polluted industrial wastes into the sea. The disposal of other industrial wastes may not cause pollution damage to fisheries areas and shipping channels.
Article 15
When testing offshore wells, oils and oil mixtures may not be discharged into the sea, and the gas and oil shall be thoroughly burned to ensure that no pollution is caused to the sea.
Article 16
Offshore oil pipelines and oil-storage installations shall always be kept in good condition, as required for the prevention of seepage, leakage and corrosion so as to prevent oil leakage accidents.
Article 17
In exploring and exploiting offshore oil resources, appropriate anti-pollution facilities and equipment shall be made available and be equipped, and effective technical measures shall be taken to prevent the occurrence of blowouts or accidents from oil leakage.
In case that a blowout or oil leakage accident occurs, the unit concerned shall immediately report it to the State administrative department of marine affairs, take effective measures to control and eliminate oil pollution and accept the investigation and handling of the case by the department.
Chapter IV Prevention of Pollution Damage to the Marine Environment by Pollutants from the Land
Article 18
The discharge of harmful substances into the sea by coastal units must be conducted strictly in line with the standards for discharge and the 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 shall be allowed within marine sanctuaries, aquicultural grounds and seashore scenic and tourist areas. Those outlets already in existence before the promulgation of this Law shall, if the discharge of pollutants therefrom fails to meet the State standards, be improved within a prescribed period of time.
Article 19
It is prohibited to discharge waste water containing high-level radioactive substance into the sea.
Any discharge of waste water containing low-level radioactive substance into the sea shall, when it is really necessary to do so, be carried out strictly in line with the State regulations and standards concerning radioactive protection.
Article 20
No medical sewage or industrial waste water containing infectious pathogens may be discharged into the sea before it has been 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 self-purification shall be controlled so as to prevent eutrophication of the sea water.
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 is kept within State water quality standards in order to avoid damage to the aquatic resources by heat pollution.
Article 23
The use of chemical pesticides in coastal farmlands shall conform with the State regulations and standards for the safe use of pesticides.
Article 24
No unit may discard or pile up tailings, slag, cinders, garbage and other wastes along seashores and beaches without the approval of the environmental protection departments of the coastal provinces, autonomous regions, or municipalities directly under the Central Government. Those who have been approved by law to set up waste yards and treatment facilities along seashores and beaches shall build dikes to prevent the wastes from entering the sea.
Article 25
The environmental protection departments and the river system administrative departments of the coastal provinces, autonomous regions and municipalities directly under the Central Government shall strengthen their control over rivers that empty into the sea to prevent them from being polluted and ensure the quality of the water in the estuaries.
Chapter V Prevention of Pollution Damage to the Marine Environment by Vessels
Article 26
No vessel may, in violation of the provisions of this Law, discharge oils, oil mixtures, wastes and other harmful substances into the sea areas under the jurisdiction of the People's Republic of China.
Article 27
Any oil tanker with a gross tonnage of 150 tons or more or any other vessel with a gross tonnage of 400 tons or more shall be equipped with appropriate anti-pollution equipment and facilities.
Any oil tanker with a gross tonnage of less than 150 tons and any other vessel with a gross tonnage of less than 400 tons shall be fitted with special containers for recovery of residual and waste oils.
Article 28
Any oil tanker with a gross tonnage of 150 tons or more or any other vessel with a gross tonnage of 400 tons or more shall carry on board an oil record book.
Any vessels carrying more than 2,000 tons of oil in bulk as cargo shall hold a valid "insurance or other financial security certificate for civil liability against oil pollution damage," or a "credit certificate for civil liability against oil pollution damage," or provide other financial credit guarantees.
Article 29
The discharge of oil-polluted water from an oil tanker with a gross tonnage of 150 tons or more or any other vessel with a gross tonnage of 400 tons or more must be conducted in line with the State standards and regulations for vessel sewage discharge, and shall be truthfully recorded such discharge in the oil record book.
Article 30
The discharge of hold-washings and other residues by vessels carrying toxic or corrosive goods must be conducted in line with the State regulations governing vessel sewage discharge, and shall be truthfully recorded such discharge in the Logbook.
Article 31
The discharge of radioactive substances from nuclear-powered vessels or vessels carrying radioactive substances must be conducted in line with the provisions of Article 19 of this Law.
Article 32
Vessels must, when fueling or loading and unloading oil, observe operating instructions and take effective measures to prevent oil spills and leakage.
Article 33
Shipbuilders and ship repairing, scrapping and salvaging units shall install anti-pollution equipment and facilities. During operations, preventive measures shall be taken against pollution of the sea by oils, oil mixtures and other wastes.
Article 34
In case that pollution has resulted from an abnormal discharge of oils, oil mixtures or other harmful substances, or from the spilling of toxic or corrosive goods into the sea, the vessel concerned shall immediately take measures to control and eliminate such pollution, and report the matter to the nearest harbor superintendency administration for investigation and handling.
Article 35
In case that a vessel is involved in a marine accident which has caused, or is likely to cause, a serious pollution damage to the marine environment, the harbor superintendency administration of the People's Republic of China shall have the power to take compulsory measures to avoid or minimize damages from such a pollution accident.
Article 36
All vessels shall have the obligation to guard against pollution of the sea, any vessel shall, upon discovering violations of regulations or occurrence of pollution, immediately report it to the nearest harbor superintendency administration, fishing boats may also report such occurrences to the nearest fisheries administration and fishing harbor superintendency agency.
Article 37
In the event of pollution caused by a vessel navigating, berthing or operating in a sea area under the jurisdiction of the People's Republic of China, officers from the harbor superintendency administration of the People's Republic of China shall embark the vessel in question to investigate and handle the case. Officials from relevant government departments authorized by the harbor superintendency administration may also embark the vessel to conduct examinations and report the results thereof to the harbor superintendency administration for settlement.
Chapter VI Prevention of Pollution Damage to the Marine Environment by the Dumping of Wastes
Article 38
No unit may dump any kind of waste 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.
Units that need to dump wastes must file an application to the State administrative department of marine affairs and the dumping may be carried out only after a permit has been granted by the department.
Article 39
Units that have obtained permits for dumping wastes shall dump wastes 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 being loaded. Wastes to be dumped by means of vessels shall be supervised and verified by the harbor superintendency administration at the port of departure.
Article 40
Units that have obtained permits for dumping wastes shall make a detailed record of such operations and present a written report to the approving department after the dumping. Vessels that have finished the said dumping must present a written report to the harbor superintendency administration at the port of departure.
Chapter VII Legal Liabilities
Article 41
In case that a violation of this Law that has caused or is likely to cause pollution damage to the marine environment, the competent authorities prescribed in Article 5 of this Law may order the violator to remedy the pollution damage within a given time limit, pay a pollutant discharge fee, pay the cost for eliminating the pollution and compensate for the losses sustained by the State; may also give the violator a warning or impose a fine thereon. If a party fails to accept the decision, the party may initiate legal proceedings to a people's court within 15 days after it has received the written decision; If the said party failed to initiate legal proceedings and failed to carry out the decision upon the expiration of that given period of time, the competent authorities shall request the people's court for a compulsory enforcement.
Article 42
Units or individuals who have suffered damage caused by marine environmental pollution shall be entitled to claim compensation from the party which caused the pollution damage. Disputes over the compensation liability and the amount of compensation may be settled by the competent authorities, if a party disagrees with the decision, the matter may be settled either by resorting to the procedures specified in the Civil Procedure Law of the People's Republic of China (for trial implementation); and may also initiate legal proceedings directly to a people's court.
Article 43
Compensation liability may be exempted if pollution damage to the marine environment cannot be avoided, despite prompt and reasonable measures taken, when the pollution damage is caused completely by any of the following circumstances:
(1). acts of war;
(2). natural calamities triggered by force majeure; or
(3). negligence or other erroneous acts in the exercise of the functions of departments responsible for the maintenance of beacons or other navigational aids.
In case that pollution damage to the marine environment is caused entirely by the intentional or erroneous act of a third party, the third party shall be liable for compensation.
Article 44
In case where violations of this Law result in pollution damage to the marine environment and cause heavy losses to public or private property or deaths of or injuries to persons, those who are directly responsible may be investigated for criminal responsibility by judicial organs in accordance with the law.
Chapter VIII Supplementary Provisions
Article 45
For the purpose of this Law, the following terms are defined as follows:
(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 activities at sea, impairment of the useful quality of sea water and degradation of environmental quality.
(2). "Fishing areas" means spawning grounds, feeding grounds, wintering grounds and migration channels of fish and shrimp as well as aquicultural grounds of fish, shrimp, shellfish and aquatic plants.
(3). "Oils" means any kind of oil and its refined products.
(4). "Oil mixtures" means any mixtures containing oil.
(5). "Discharge" means to drain pollutants into the sea, including pumping, spilling, releasing, gushing and pouring.
(6) "Dump" means to dispose of wastes or other harmful substances into the sea from vessels, aircraft, platforms or other means of transport, including the abandonment of vessels, aircraft, platforms and other floating apparatus.
Article 46
In case where existing regulations concerning marine environmental protection contradict this Law, this Law shall prevail.
Article 47
The environmental protection department under the State Council may, in accordance with this Law, formulate rules for its implementation, which shall be put into effect after being submitted to and approved by the State Council.
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, in accordance with this Law, work out concrete measures for its implementation, taking into consideration the actual conditions prevailing at the departments or localities concerned.
Article 48
This Law shall come into force on March 1, 1983.
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