Order of the Ministry of Land and Resources on Issuing the Provisions on the Protection of Submarine Cables and Pipelines
Order of the Ministry of Land and Resources on Issuing the Provisions on the Protection of Submarine Cables and Pipelines
Order of the Ministry of Land and Resources on Issuing the Provisions on the Protection of Submarine Cables and Pipelines
Order of the Ministry of Land and Resources [2004] No. 24
January 9, 2004
The Provisions on the Protection of Submarine Cables and Pipelines, which were adopted at the 12th ministerial meeting of the Ministry of Land and Resources on December 30, 2003, are hereby promulgated and shall come into effect as of March 1, 2004, while being subject to supervision and implementation under the responsibility of the State Oceanic Administration.
Minister
Appendix: Provisions on the Protection of Submarine Cables and Pipelines
Article 1 These Provisions are formulated in accordance with the Provisions Governing the Laying of Submarine Cables and Pipelines as well as pertinent laws and regulations with a view to strengthening the protection of submarine cables and pipelines, guaranteeing their safe operation and protecting the legitimate rights and interests of submarine cable and pipeline owners.
Article 2 These Provisions shall apply to submarine cable and pipeline protection activities in the continental sea, territorial sea, continental shelf and other sea areas under the jurisdiction of the People's Republic of China.
These Provisions shall not apply to military cable and pipeline protection activities.
Article 3 The competent maritime administrative department under the State Council shall be responsible for the protection of submarine cables and pipelines throughout China.
Competent maritime administrative departments under local people's governments at or above the county level in coastal areas shall be responsible for the protection of submarine cables and pipelines in sea areas adjacent to their respective administrative regions.
Article 4 All units and individuals shall be obliged to protect submarine cables and pipelines and have the right to blow the whistle and bring a charge against acts of damaging submarine cables and pipelines.
Article 5 Each submarine cable and pipeline owner shall, within 90 days after completion of the laying of submarine cables and pipelines, submit the route map, location table and other registration materials of such submarine cables and pipelines to the competent maritime administrative department under the relevant people's government at or above the county level for filing, and submit copies thereof to the corresponding maritime administrative authority.
Submarine cables and pipelines the laying of which has been completed prior to the promulgation and implementation of these Provisions shall, within 90 days after the effectiveness of these Provisions, be put on file in accordance with the preceding paragraph.
Article 6 The competent maritime administrative department under each people's government at or above the provincial level shall make an announcement on submarine cables and pipelines to the public on a yearly basis.
An announcement on submarine cables and pipelines shall include the name, number, registration number, owner, use, total length (kilometers) of submarine cables and pipelines, as well as starting and ending points (latitude and longitude) of routes, diagrams and signs, among others.
Article 7 The State operates the submarine cable and pipeline reserve area system.
The competent maritime administrative department under a people's government at or above the provincial level shall, on the basis of registration materials on file, delineate submarine cable and pipeline reserve areas in consultation with relevant departments at the same level and make an announcement thereon to the public.
The scope of a submarine cable and pipeline reserve area shall be determined in accordance with the following provisions:
1. 500 meters to both sides of submarine cables and pipelines in a wide coastal sea area;
2. 100 meters to both sides of submarine cables and pipelines in a narrow sea area such as a bay; and
3. 50 meters to both sides of submarine cables and pipelines in a harbor area.
A submarine cable and pipeline reserve area which is being delimitated shall be reported to the competent maritime administrative department under the State Council for filing.
Article 8 It is prohibited to carry out sand digging, drilling, piling, anchoring, anchor dragging, bottom-trawling fishing, netting, farming or other maritime operations that may undermine the safety of submarine cables and pipelines in submarine cable and pipeline reserve areas.
Article 9 Competent maritime administrative departments under people's governments at or above the county level shall have the right to, in accordance with pertinent laws, regulations and these Provisions, conduct regular cruise inspection of submarine cable and pipeline reserve areas, and stop acts in violation of these Provisions.
Article 10 The State encourages submarine cable and pipeline owners to set up signs for reserve areas and routes of submarine cables and pipelines, etc.
Where signs are set up, the submarine cable and pipeline owner shall file them with the competent maritime administrative department under the relevant people's government at or above the county level.
Article 11 After informing the competent maritime administrative department under the relevant people's government at or above the county level, a submarine cable and pipeline owner may take such protective measures as regular re-inspection and monitoring of relevant submarine cables and pipelines, or entrust the relevant unit with the protection thereof.
Where a unit is entrusted with the protection thereof, it is required to file a report with the competent maritime administrative department under the relevant people's government at or above the county level.
Article 12 A submarine cable and pipeline owner, when conducting routing investigation, laying construction, or maintenance, renovation, demolition or abandonment of submarine cables and pipelines, shall make an announcement thereon via media to the public.
The announcement cost shall be borne by the submarine cable and pipeline owner.
Article 13 Prior to carrying out maritime operations, maritime operators shall keep abreast of the laying of submarine cables and pipelines in sea areas under operation; and take effective protective measures where the safety of submarine cables and pipelines may be undermined.
A maritime operator shall, where it is definitely necessary to carry out maritime operation in a submarine cable and pipeline reserve area, consult the relevant submarine cable and pipeline owner and reach an agreement on such matters as pertinent technical treatment, protective measures and damages.
Where any submarine cable or pipeline is hooked by a maritime operation, no maritime operator may drag, drag to break or cut off the submarine cable or pipeline without authorization, and it is required to immediately inform the competent maritime administrative department at the place of location or relevant submarine cable and pipeline owner for appropriate measures to be taken. Where necessary, the submarine operator shall abandon its anchor or other hooks.
Article 14 In the case of any loss of property by a maritime operator due to the protection of submarine cables and pipelines where there is evidence proving that the relevant submarine cable and pipeline owner should pay financial compensation as appropriate to the maritime operator, except for any operation prescribed in Article 8 hereof carried out without authorization in a submarine cable and pipeline reserve area.
Article 15 A unit or an individual causing damage to any submarine cable, pipeline or ancillary protection facility shall be liable for compensation in accordance with the law.
In the case of, due to force majeure or act of rescue, failure to avoid damage despite taking necessary protective measures, the liability for compensation may be mitigated or exempted in accordance with the law.
Article 16 Under any of the following circumstances, the parties concerned may apply to the competent maritime administrative department under the relevant people's government at or above the county level for mediation:
1. a maritime operator needs to move, cut off or cross laid submarine cables or pipelines and thus has a dispute with the owner, or a dispute arises in the implementation of an agreement already reached;
2. a dispute arises over maritime operation and maintenance, renovation or demolition of submarine cables or pipelines;
3. a dispute arises over economic compensation between a maritime operator and a submarine cable and pipeline owner; or
4. a dispute arises over the liability for compensation or amount of compensation.
Article 17 Where a submarine cable and pipeline owner falls under any of the following circumstances, the competent maritime administrative department under the relevant people's government at or above the county level shall order it to make corrections within a prescribed time limit; and in the case of failure to make the corrections within the prescribed time limit, a fine of not more than CNY10,000 shall be imposed thereon:
1.
......
Order of the Ministry of Land and Resources [2004] No. 24
January 9, 2004
The Provisions on the Protection of Submarine Cables and Pipelines, which were adopted at the 12th ministerial meeting of the Ministry of Land and Resources on December 30, 2003, are hereby promulgated and shall come into effect as of March 1, 2004, while being subject to supervision and implementation under the responsibility of the State Oceanic Administration.
Minister
Appendix: Provisions on the Protection of Submarine Cables and Pipelines
Article 1 These Provisions are formulated in accordance with the Provisions Governing the Laying of Submarine Cables and Pipelines as well as pertinent laws and regulations with a view to strengthening the protection of submarine cables and pipelines, guaranteeing their safe operation and protecting the legitimate rights and interests of submarine cable and pipeline owners.
Article 2 These Provisions shall apply to submarine cable and pipeline protection activities in the continental sea, territorial sea, continental shelf and other sea areas under the jurisdiction of the People's Republic of China.
These Provisions shall not apply to military cable and pipeline protection activities.
Article 3 The competent maritime administrative department under the State Council shall be responsible for the protection of submarine cables and pipelines throughout China.
Competent maritime administrative departments under local people's governments at or above the county level in coastal areas shall be responsible for the protection of submarine cables and pipelines in sea areas adjacent to their respective administrative regions.
Article 4 All units and individuals shall be obliged to protect submarine cables and pipelines and have the right to blow the whistle and bring a charge against acts of damaging submarine cables and pipelines.
Article 5 Each submarine cable and pipeline owner shall, within 90 days after completion of the laying of submarine cables and pipelines, submit the route map, location table and other registration materials of such submarine cables and pipelines to the competent maritime administrative department under the relevant people's government at or above the county level for filing, and submit copies thereof to the corresponding maritime administrative authority.
Submarine cables and pipelines the laying of which has been completed prior to the promulgation and implementation of these Provisions shall, within 90 days after the effectiveness of these Provisions, be put on file in accordance with the preceding paragraph.
Article 6 The competent maritime administrative department under each people's government at or above the provincial level shall make an announcement on submarine cables and pipelines to the public on a yearly basis.
An announcement on submarine cables and pipelines shall include the name, number, registration number, owner, use, total length (kilometers) of submarine cables and pipelines, as well as starting and ending points (latitude and longitude) of routes, diagrams and signs, among others.
Article 7 The State operates the submarine cable and pipeline reserve area system.
The competent maritime administrative department under a people's government at or above the provincial level shall, on the basis of registration materials on file, delineate submarine cable and pipeline reserve areas in consultation with relevant departments at the same level and make an announcement thereon to the public.
The scope of a submarine cable and pipeline reserve area shall be determined in accordance with the following provisions:
1. 500 meters to both sides of submarine cables and pipelines in a wide coastal sea area;
2. 100 meters to both sides of submarine cables and pipelines in a narrow sea area such as a bay; and
3. 50 meters to both sides of submarine cables and pipelines in a harbor area.
A submarine cable and pipeline reserve area which is being delimitated shall be reported to the competent maritime administrative department under the State Council for filing.
Article 8 It is prohibited to carry out sand digging, drilling, piling, anchoring, anchor dragging, bottom-trawling fishing, netting, farming or other maritime operations that may undermine the safety of submarine cables and pipelines in submarine cable and pipeline reserve areas.
Article 9 Competent maritime administrative departments under people's governments at or above the county level shall have the right to, in accordance with pertinent laws, regulations and these Provisions, conduct regular cruise inspection of submarine cable and pipeline reserve areas, and stop acts in violation of these Provisions.
Article 10 The State encourages submarine cable and pipeline owners to set up signs for reserve areas and routes of submarine cables and pipelines, etc.
Where signs are set up, the submarine cable and pipeline owner shall file them with the competent maritime administrative department under the relevant people's government at or above the county level.
Article 11 After informing the competent maritime administrative department under the relevant people's government at or above the county level, a submarine cable and pipeline owner may take such protective measures as regular re-inspection and monitoring of relevant submarine cables and pipelines, or entrust the relevant unit with the protection thereof.
Where a unit is entrusted with the protection thereof, it is required to file a report with the competent maritime administrative department under the relevant people's government at or above the county level.
Article 12 A submarine cable and pipeline owner, when conducting routing investigation, laying construction, or maintenance, renovation, demolition or abandonment of submarine cables and pipelines, shall make an announcement thereon via media to the public.
The announcement cost shall be borne by the submarine cable and pipeline owner.
Article 13 Prior to carrying out maritime operations, maritime operators shall keep abreast of the laying of submarine cables and pipelines in sea areas under operation; and take effective protective measures where the safety of submarine cables and pipelines may be undermined.
A maritime operator shall, where it is definitely necessary to carry out maritime operation in a submarine cable and pipeline reserve area, consult the relevant submarine cable and pipeline owner and reach an agreement on such matters as pertinent technical treatment, protective measures and damages.
Where any submarine cable or pipeline is hooked by a maritime operation, no maritime operator may drag, drag to break or cut off the submarine cable or pipeline without authorization, and it is required to immediately inform the competent maritime administrative department at the place of location or relevant submarine cable and pipeline owner for appropriate measures to be taken. Where necessary, the submarine operator shall abandon its anchor or other hooks.
Article 14 In the case of any loss of property by a maritime operator due to the protection of submarine cables and pipelines where there is evidence proving that the relevant submarine cable and pipeline owner should pay financial compensation as appropriate to the maritime operator, except for any operation prescribed in Article 8 hereof carried out without authorization in a submarine cable and pipeline reserve area.
Article 15 A unit or an individual causing damage to any submarine cable, pipeline or ancillary protection facility shall be liable for compensation in accordance with the law.
In the case of, due to force majeure or act of rescue, failure to avoid damage despite taking necessary protective measures, the liability for compensation may be mitigated or exempted in accordance with the law.
Article 16 Under any of the following circumstances, the parties concerned may apply to the competent maritime administrative department under the relevant people's government at or above the county level for mediation:
1. a maritime operator needs to move, cut off or cross laid submarine cables or pipelines and thus has a dispute with the owner, or a dispute arises in the implementation of an agreement already reached;
2. a dispute arises over maritime operation and maintenance, renovation or demolition of submarine cables or pipelines;
3. a dispute arises over economic compensation between a maritime operator and a submarine cable and pipeline owner; or
4. a dispute arises over the liability for compensation or amount of compensation.
Article 17 Where a submarine cable and pipeline owner falls under any of the following circumstances, the competent maritime administrative department under the relevant people's government at or above the county level shall order it to make corrections within a prescribed time limit; and in the case of failure to make the corrections within the prescribed time limit, a fine of not more than CNY10,000 shall be imposed thereon:
1.
......