Law of the People's Republic of China on the Administration of the Use of Sea Areas

Law of the People's Republic of China on the Administration of the Use of Sea Areas

Order of the President [2001] No. 61

October 27, 2001

The Law of the People's Republic of China on the Administration of the Use of Sea Areas, which was adopted at the 24th session of the Standing Committee of the 9th National People's Congress on October 27, 2001, is released hereby and shall take effect as of January 1, 2002.

President of the People's Republic of China Jiang Zemin

(Adopted at the 24th session of the Standing Committee of the 9th National People's Congress on October 27, 2001)

Contents
Chapter I General Provisions
Chapter II Marine Function Zoning
Chapter III Application for, and Examination and Approval of, the Use of Sea Areas
Chapter IV Right to the Use of Sea Areas
Chapter V Fees for the Use of Sea Areas
Chapter VI Supervision and Inspection
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions

Chapter I General Provisions
　
Article 1 This Law is enacted for the purpose of strengthening the administration of the use of sea areas, safeguarding State ownership of the sea areas and the legitimate rights and interests of the sea area users, promoting rational development and sustainable utilization of the sea areas.
　
Article 2 For the purpose of this Law, the sea areas refer to the sea surface, water volume, seabed and subsoil of the inland waters and territorial seas of the People's Republic of China.
The inland waters in this Law refer to the sea areas extending from the landward side of the territorial seas of the People's Republic of China to the coastline.
This Law shall be applicable to any exclusive activities relating to the continuous use of a specific sea area over three months within the inland waters or territorial seas of the People's Republic of China.
　
Article 3 The sea areas are owned by the State, and the State Council exercises the right of ownership in the sea areas on behalf of the State. No entity or individual may seize, buy or sell the sea areas or illegally transfer them in other ways.
Any entity or individual that intends to use the sea areas is required to obtain the right to their use in accordance with law.
　
Article 4 The State applies the system for marine function zoning. The sea areas shall be used in conformity with the marine function zoning.
The State exercises strict control over the activities relating to the use of the sea areas that may alter their natural attributes, such as filling sea areas and reclaiming land from them.
　
Article 5 The State establishes an information system for the administration of the use of sea areas in order to oversee and monitor the use of the sea areas.
　
Article 6 The State establishes a registration system for the right to the use of sea areas. Such right shall, once registered in accordance with law, be protected by law.
The State establishes a statistics system for the use of the sea areas and periodically issues the statistics of such.
　
Article 7 The department in charge of marine administration under the State Council shall be responsible for supervision over the use of the sea areas nationwide. The departments in charge of marine administration under the local people's governments at or above the county level shall, as authorized, be responsible for supervision over the use of the sea areas adjacent to their administrative regions respectively.
The department in charge of marine administration shall, in accordance with the Fisheries Law of the People's Republic of China, conduct supervision over marine fishery.
The maritime administration authority shall exercise supervision over maritime traffic safety in accordance with the Maritime Traffic Safety Law of the People's Republic of China.
　
Article 8 All entities and individuals are obligated to abide by the laws and regulations on the administration of the use of the sea areas and have the right to report violations of such laws and regulations and bring complaints about them.
　
Article 9 People's governments shall reward the entities and individuals that have achieved outstanding successes in protecting and rationally utilizing the sea areas and in scientific research in this field.

Chapter II Marine Function Zoning
　
Article 10 The department in charge of marine administration under the State Council shall, in conjunction with the departments concerned and the people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government work out marine function zoning plans.
The departments in charge of marine administration under the coastal local people's governments at or above the county level shall, in conjunction with the departments concerned of the people's governments at the same level, work out the local marine function zoning plans on the basis of such plans worked out at the next higher level.
　
Article 11 Marine function zoning plans shall be worked out on the following principles:
1. scientifically defining the functions of the sea areas in light of such natural attributes as their geographical location, natural resources and natural environment;
2. making overall arrangements for the use of sea areas among various related sectors according to the needs of economic and social development;
3.
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