Marine Environment Protection Law of the People's Republic of China
Marine Environment Protection Law of the People's Republic of China
Marine Environment Protection Law of the People's Republic of China
August 23, 1982
Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress and promulgated by Order No.9 of the Standing Committee of the National People's Congress on August 23, 1982, and effective as of 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 Land-Sourced Pollutants
Chapter V Prevention of Pollution Damage to the Marine Environment by Vessels
Chapter VI Prevention of Pollution Damage to the Marine Environment by Dumping of Wastes
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to protect the marine environment and resources, prevent pollution damage, maintain ecological balance, safeguard human health and promote the development of marine programmers.
Article 2 This Law shall apply to the internal seas and territorial seas 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 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 comply with this Law.
This Law shall also apply 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 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 watch for 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, 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 the State Council for approval.
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 therein; it 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 Harbour 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; it shall also be in charge of environmental protection against pollution damage caused by vessels.
The state fisheries administration and fishing harbour superintendency agencies shall be responsible for supervising the discharge of pollutants by vessels in the fishing harbours and for exercising surveillance over the waters thereof.
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 land-sourced pollutants.
Chapter II Prevention of Pollution Damage to the Marine Environ- ment 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.
......