Law of the People's Republic of China on the Protection of Sea Islands
Law of the People's Republic of China on the Protection of Sea Islands
Law of the People's Republic of China on the Protection of Sea Islands
Order of President of the People's Republic of China No. 22
December 26, 2009
The Law of the People's Republic of China on the Protection of Sea Islands, which was adopted at the 12th session of the Standing Committee of the 11th People's Congress on December 26, 2009, is promulgated hereby and shall come into effect as of March 1, 2010.
President of the People's Republic of China: Hu Jintao
Law of the People's Republic of China on the Protection of Sea Islands
(Adopted at the 12th session of the Standing Committee of the 11th People's Congress on December 26, 2009)
Table of Contents
Chapter I General Provisions
Chapter II Planning for the Protection of Sea Islands
Chapter III Protection of Sea Islands
Section 1 General Rules
Section 2 Protection of the Ecosystem of Inhabited Sea Islands
Section 3 Protection of Uninhabited Sea Islands
Section 4 Protection of Sea Islands with Special Purposes
Chapter 4 Supervision and Inspection
Chapter 5 Legal Liabilities
Chapter 6 Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of protecting the ecosystem of sea islands and their surrounding waters, rationally developing and utilizing natural resources of sea islands, safeguarding the maritime rights and interests of the State, as well as accelerating the sustainable economic and social development.
Article 2 This Law shall be applicable to the protection, development, utilization and related administrative activities regarding sea islands that belong to the People's Republic of China.
For the purpose of the Law, the term "sea islands" shall mean naturally formed pieces of land that are surrounded by water and are above water at high tide, including inhabited sea islands and uninhabited sea islands.
For the purpose of the Law, the term "the protection of sea islands" shall mean the protection of the ecosystem of sea islands and their surrounding waters, protection of the natural resources of uninhabited sea islands, and protection of the sea islands designated for special purposes.
Article 3 The State shall apply the principles of scientific planning, protection as priority, rational development and sustainable use with respect to sea islands.
The State Council and governments at all levels along the coastal area shall incorporate the protection and rational development and utilization of sea islands into their national economic and social development planning, and take effective measures to strengthen the protection and administration of sea islands to prevent the ecosystem of sea islands and the surrounding waters from being damaged.
Article 4 Uninhabited sea islands shall be owned by the State and the State Council shall exercise the ownership of uninhabited sea islands on behalf of the State.
Article 5 The competent marine department of the State Council and other relevant departments of the State Council shall, in accordance with the law and the responsibilities prescribed by the State Council, be responsible for the nationwide work of ecological protection of inhabited sea islands and their surrounding waters. Competent marine departments of local people's governments at or above the county level along the coastal area and other relevant departments shall, within their respective scope of responsibilities, be responsible for the ecological protection of inhabited sea islands and the surrounding waters within their respective administrative regions.
The competent marine department of the State Council shall be responsible for the administration over the protection, development and utilization of uninhabited sea islands nationwide. Competent marine departments of local people's governments at or above the county level along the coastal area shall be responsible for the administration over the protection, development and utilization of uninhabited sea islands within their respective administrative regions.
Article 6 The names of sea islands shall be determined and released by the State authority for place names and the competent marine department of the State Council pursuant to relevant rules prescribed by the State Council.
Local people's governments at or above the county level along the coastal area shall, pursuant to state regulations, set name markers in sea islands where name markers are needed.
Sea island name markers shall not be damaged or removed without authorization.
Article 7 The State Council and local people's governments at all levels along the coastal area shall strengthen publicity and education on the protection of sea islands, strengthen the awareness of citizens on the protection of sea islands, and reward entities and individuals that make remarkable achievements in the protection and relevant scientific research of sea islands.
All entities and individuals shall comply with the legal obligations to protect sea islands, and shall be entitled to report conducts that are in violation of laws on the protection of sea islands or undermining the ecological environment of sea islands to competent marine departments or other relevant departments.
Chapter II Planning for Sea Island Protection
Article 8 The State shall implement a planning system for the protection of sea islands. The planning for the protection of sea islands is used as the basis for the protection and utilization activities of sea islands.
The planning for the protection of sea islands shall be formulated in compliance with the principle of facilitating the protection and improvement of the ecosystem of sea islands and the surrounding waters and promoting the sustainable economic and social development of sea islands.
Prior to the submission for examination and approval of the planning for the protection of sea islands, the opinions of relevant experts and the public shall be solicited and the planning for the protection of sea islands shall be promptly announced to the public after approval except where State secrets are involved
Article 9 The competent marine department of the State Council shall, in conjunction with relevant departments of the people's government and military authorities at the same level, and in light of the national economic and social development planning as well as the national marine functional zoning, organize the preparation of the national planning for the protection of sea islands and submit the same to the State Council for examination and approval.
The national planning for the protection of sea islands shall, in accordance with such natural attributes as the location, natural resources, and environment of sea islands, as well as the protection and utilization situation thereof, determine the principle of classified protection of sea islands, uninhabited sea islands that are utilizable, and sea islands whose restoration shall be focused upon, etc.
The national planning for the protection of sea islands shall be connected with the national planning of urban and town systems and the national overall planning of land use.
Article 10 Competent marine departments of provinces and autonomous regions along the coastal area shall, in conjunction with relevant departments of the people's governments and military authorities at the same level, and in light of the national planning for the protection of sea islands, the provincial planning of urban and town systems, and the overall planning of land use in provinces and autonomous regions, organize the preparation of the provincial planning of the protection of sea islands, submit the same to the people's governments of provinces and autonomous regions for examination and approval, and report the same to the State Council for record-filing purposes.
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