Marine Environmental Protection Law of the People's Republic of China (Chinese and English Text)

The following text was retrieved from the China Mining Association Web site on February 19, 2013. The Chinese text was retrieved from the State Oceanic Administration of the People's Republic of China Web site on February 19, 2013.

The Marine Environmental Protection Law of the People's Republic of China

(Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982 and effective as of March 1, 1983, and revised at the 13th Session of the Standing Committee of the Ninth National People's Congress on December 25, 1999)

Chapter 1 General Provisions

Article 1 This law is formulated for the purposes of protecting and improving the marine environment, conserving marine resources, preventing pollution damages, maintaining ecological balance, safeguarding human health and promoting sustainable economic and social development

Article 2 This law shall apply to the internal water, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the People's Republic of China and any other sea areas under the jurisdiction of the People's Republic of China. Any units and individuals engaging in navigation, exploration, exploitation, production, tourism, scientific research and other operations in the sea areas under the jurisdiction of the People's Republic of China, or engaging in activities in the coastal areas which have impact on the marine environment shall be subject to this law. The activities engaged in the areas beyond the sea areas under the jurisdiction of the People's Republic of China that cause pollution to the sea areas under the jurisdiction of the People's Republic of China also shall be subject to this Law

Article 3 The State shall establish and implement the system to control the total pollution load for sea disposal in major sea areas, determine the standards to control the total load of main pollutants for sea disposal and control the pollution load for sea disposal assigned for main pollution sources. Specific measures for implementation shall be formulated by the State Council

Article 4 Any units and individuals has the obligation to protect the marine environment and enjoys the right to watch for and report on actions causing pollution damage to the marine environment by any units and individuals, as well as on illegal acts of neglect of duty by staff who are in charge of marine environmental supervision and administration

Article 5 The competent authority being in charge of environmental protection directly under the State Council, as a department to exercise unified supervision and administration over nationwide marine environmental protection, shall be in charge of guidance, co-ordination and supervision and be responsible for nationwide environmental protection to prevent and control marine pollution damages caused by land-based pollutants and coastal construction projects. The State competent authority being in charge of marine affairs shall be responsible for the supervision and administration of the marine environment, organizing survey, surveillance, supervision, assessment and scientific research of the marine environment and be responsible for nation-wide environmental protection to prevent and control marine pollution damages caused by marine construction projects, and dumping of wastes at sea. The State competent authority being in charge of maritime affairs shall be responsible for the supervision and administration of marine environmental pollution caused by non-military vessels inside the port waters and non-fishery vessels and non-military vessels outside the port waters under its jurisdiction, and be responsible for the investigation and handling of the pollution accidents. In the case of a pollution caused by a foreign vessel navigating, berthing and anchoring, and operating in the sea area under the jurisdiction of the people's Republic of China, the authority shall board the vessel in question to inspect and handle the case. With regarding to the pollution accidents caused by vessels cause damages to fishery, the competent authority being in charge of fisheries shall participate in the investigation and handling of the accident. The State competent authority begin in charge of fisheries shall be responsible for the supervision and administration of marine environmental pollution caused by non-military vessels inside the fishing port waters and the fishing vessels outside the fishing port waters, and be responsible for the preservation of ecological environment in the fishing waters and inspect and handle fishery pollution cases beyond the pollution accidents mentioned in the above clause. The environmental protection department of the Armed Forces shall be responsible for supervision and administration of marine pollution caused by military vessels and for the inspection and handling of the pollution cases by military vessels. The responsibilities of the departments invested with the power of supervision and administration of the marine environment of the coastal local People's Governments at or above the County level shall be determined by the People's Governments of the Provinces, Autonomous Regions and Municipalities in accordance with this law and relevant regulations issued by the State Council

Chapter 2 Supervision and Administration of the Marine Environment

Article 6 The State competent authority being in charge of marine affairs, in conjunction with relevant departments directly under the State Council and the People's Governments of the Provinces, Autonomous Regions and Municipalities in the coastal area, shall work out the national marine functional zoning and submit to the State Council for approval. The coastal local People's Governments at various levels shall, in accordance with the national and local marine functional zoning, develop the sea areas in a scientific and rational way

Article 7 The State shall draw up, in accordance with the marine functional zoning, the national marine environmental protection plan and regional marine environmental protection plans for major sea area. Relevant People's Governments of the Provinces, Autonomous Regions and Municipalities adjacent to major sea areas and the departments invested with the power of supervision and administration of the marine environment may establish regional co-operative organizations in marine environmental protection, which are responsible for implementing regional marine environmental protection plans for major sea areas, prevention of marine environmental pollution and marine ecological protection

Article 8 Trans-regional issues on marine environmental protection shall be dealt with through consultation by relevant coastal local People's Governments or to be settled through consultation by the People's governments at the upper level. Major cross-sectoral issues on marine environmental protection shall be co-ordinated by the competent authority being in charge of environmental protection directly under the State Council. If failure to be settled through co-ordination, it shall be submitted to the State Council for decision

Article 9 The State shall work out national marine environmental quality standards on the basis of status of the marine environmental quality, and the State's economic and technological level. The People's Governments of coastal Provinces, Autonomous Regions and Municipalities may work out local marine environmental quality standards for items not provided in the national marine environmental quality standards. The coastal local People's Governments at various levels shall, in accordance with the requirements laid down in the national and local marine environmental quality standards and environmental quality conditions of coastal waters adjacent to their respective administrative areas, determine targets and tasks of marine environmental protection in the work plan of the People's Governments and are responsible for the implementation in accordance with corresponding marine environmental quality standards

Article 10 National and local marine environmental quality standards shall be one of the important foundations in working out national and local water based pollutant discharge standards. In determination of water based pollutant discharge standards for the major sea areas where the State has established and implemented the system to control the total pollution load for ocean disposal, the indexes to control the total load of main pollutants for ocean disposal shall also be taken as an important basis

Article 11 Any units and individuals discharging directly pollutants into the sea shall, in accordance with the State regulations, pay pollutant discharge fees. Those who conduct ocean dumping shall, in accordance with the State regulations, pay dumping fees. Pollutant discharge fees and dumping fees levied in accordance with the provisions provided in this law must be used for the prevention and control of marine environmental pollution and shall not be appropriated for any other purposes. Concrete measures shall be formulated by the State Council

Article 12 Those who discharge in excess of pollutant discharge standards, or fail to attain the quota of reducing pollutant discharge within a fixed period, or cause serious pollution damage to the marine environment, shall be requested to tackled the pollution within a fixed time. The decision of tackling the pollution within a deadline shall be made in accordance with the limit of the jurisdiction determined by the State Council

Article 13 The State shall strengthen research and development of science and technology in prevention and control of marine environmental pollution damages, and shall put into practice the system of eliminating those out-of-date production techniques and out-of-date equipments which cause serious pollution damage to the marine environment. Enterprises shall give priority in introducing clean energies and adopting clean production technology with high resources utilization ratio and less pollutant discharges, so as to prevent the marine environment from pollution

Article 14 The State competent authority being in charge of marine affairs shall, in accordance with State environmental monitoring and supervisory norms and standards, administer the investigation, monitoring and supervision of nation-wide marine environment, formulate specific measures of implementation, organize nation-wide marine environment monitoring and supervision network in conjunction with relevant departments, assess marine environmental quality periodically and issue the bulletin of ocean surveillance and supervision. Departments invested by this law with the power of marine environmental supervision and administration shall be responsible for the monitoring and supervision of the water areas under their respective jurisdiction. Other relevant departments shall, in accordance with the assignment by nation-wide marine environmental monitoring network, be respectively responsible for monitoring the estuaries and outlets of the main pollutant discharge

Article 15 Relevant departments of the State Council shall provide the competent authority being in charge of environmental protection directly under the State Council with marine environmental monitoring data necessary for the formulation of national environmental quality bulletin. The competent authorities being in charge of environmental protection shall provide relevant departments with data relating to marine environmental supervision and administration

Article 16 The State competent authority being in charge of marine affairs shall, in accordance with regimes on environmental monitoring and supervision information management formulated by the State, be responsible for managing the comprehensive marine information system and serving for the supervision and administration of marine environmental protection

Article 17 Any units and individuals causing or being likely to result in marine environmental pollution by accidents or other incidents must immediately take effective measures, timely inform of those potential victims, report to the departments invested by this law with the power of marine environmental supervision and administration and be subject to investigation and handling. Coastal local People's Governments at or above the County level must, when the environment of coastal waters adjacent to their administrative zones are polluted seriously, take effective measures to eliminate or mitigate pollution damage

Article 18 The State shall, on the basis of the necessity of preventing marine environment from pollution, draw up State contingency plans of major marine pollution accidents. The State competent authority being in charge of marine affairs shall be responsible for drawing up the national contingency plans concerning serious oil-spill from offshore oil exploration and exploitation and submit to the State competent authority being in charge of environmental protection for registration. The State competent authority being in charge of maritime affairs shall be responsible for drawing up the national contingency plans concerning serious oil-spill from vessels, and submit to the State competent authority in charge of environmental protection for registration. Any coastal units which is likely to cause marine environmental pollution accidents shall, in accordance with the State regulations, draw up contingency plans concerning serious pollution accidents, and submit to local competent authorities being in charge of environmental protection and marine affairs respectively for registration. Coastal local People's Governments at or above the County level and the relevant departments must, in happening the serious pollution accident at the sea, take effective measures to eliminate or mitigate pollution damage, in accordance with the contingency plans

Article 19 Departments invested by this law with the power of supervision and administration of the marine environment may jointly enforce the law at the sea. In the course of surveillance and supervision, discovering pollution accident or act of violating the provisions of this law, they should take measures to stop it, conduct on-the-spot investigation and collect evidence, and have the power to take effective measures to prevent the deterioration of pollution, if necessary, and report to relevant competent authorities to handle the case. Departments invested by this law with the power of supervision and administration of the marine environment have the power to enter the units and individuals discharging pollutants within the sphere of their jurisdiction for on-the-spot inspection. Those inspected shall report the true situation and provide necessary date. Inspection departments should keep the technical and business secrets of those inspected

Chapter 3 Marine Ecological Conservation

Article 20 The State Council and local People's Governments at various levels shall take effective measures to protect such typical and representative marine ecosystems as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries, important fishery waters, sea areas where rare and endangered marine organisms live naturally and densely, and sea areas where marine organisms with important economic value live, and marine relics and natural landscapes with major scientific and cultural significance. If marine ecosystems of important economic and social values have been damaged, efforts shall be made to renovate and restore them

Article 21 Relevant departments directly under the State Council and coastal People's Governments at the Provincial level shall, according to the requirements of marine ecosystem protection, select and establish marine nature reserves. The establishment of a national marine nature reserve shall be subject to the State Council for approval

Article 22 A marine nature reserve shall be established under any of the following conditions; 1. Typical marine physiographic areas, representative natural ecosystem areas, as well as areas of natural ecosystems of which natural ecosystem have been damaged to some extent, but may be recovered through protection efforts; 2. Areas with higher marine biodiversity, or areas where rare and endangered marine species are naturally and densely distributed; 3. Sea areas, seashores, islands, coastal wetlands, estuaries, and bays, etc. With special protection values; 4. Areas where marine natural remains of great scientific and cultural values are located; 5. Other areas where special protection is necessary

Article 23 Areas with special geographic conditions, ecosystems, living or non-living resources, and areas where special protection is necessary for marine exploration and exploitation may be determined as marine special reserves to be specially managed through effective protection measures and scientific development methods

Article 24 Exploration and exploitation of marine resources shall be rationally arranged in accordance with marine functional zoning, and shall not bring about damages to marine ecological environment

Article 25 The introduction of marine species shall be subject to scientific assessment to avoid to cause damages to marine ecosystems

Article 26 Strict ecological protection measures shall be taken, and no damages to island topography, seashore and beach, vegetation and ecological environment of the surrounding sea areas of the islands shall be allowed, when the exploitation of resources of islands and surrounding sea areas are conducted

Article 27 Coastal local People's Governments at various levels shall, combined with the characteristics of local natural environments, construct coastal protection installations, coastal shelter belts, gardens and greenlands in the coastal cities and towns, and undertake comprehensive treatment over the area with erosion and sea water intrusion. Destruction of seashore protection installations, coastal shelter belts and gardens and greenlands in the coastal cities and towns are forbidden

Article 28 The State shall encourage and promote to develop ecological fisheries, popularize various ecological fisheries production methods and improve marine ecological conditions. Environmental impact assessment shall be requested for new construction, reconstruction and extension of mariculture fields. The density of aquiculture shall be determined in a scientific way for marine aquiculture, and feed used rationally, and manure used rationally, and medicines taken accurately, so as to prevent the marine environment from pollution

Chapter 4 Prevention and Control of pollution Damage to the Marine Environment by Land-based Pollutants

Article 29 The discharge of land-based pollutants into the sea shall strictly be conducted in compliance with the standards and relevant regulations laid down by the State and Local governments

Article 30 The selection of location of pollutant discharge outlets into the sea shall be determined in accordance with marine functional zoning, dynamic conditions of sea water and relevant regulations, and shall, after completing scientific assessment, submit to the competent authority being in charge of environmental protection under the People's Governments at or above the level of the City which districts have been established for examination and approval. The competent authorities being in charge of environmental protection must, before approving the setting up of pollutant discharge outlets into the sea, ask the competent authorities being in charge of marine affairs, maritime affairs and fisheries as well as environment protection department of the Armed Forces for comment. No new pollutant discharge outlets shall be allowed to be established within marine nature reserves, important fishery waters, coastal historic sites and scenic spots, and other areas where special protection are necessary. If conditions are suitable, pollutant discharge outlets shall be built in the deep sea so as to discharge in a relative long offshore distance way. The installation of land-based pollutant discharge outlets in the deep sea shall be determined in accordance with marine functional zoning, dynamic conditions of sea water and conditions of seabed engineering facilities. Specific measures for implementation shall be formulated by the State Council

Article 31 The competent authorities being in charge of environment protection and the competent authorities being in charge of water resources under the People's Governments of the Provinces, Autonomous Regions and Municipalities shall, in accordance with relevant laws on the prevention and control of water pollution, strengthen the control of rivers that enter into the sea to prevent pollution and ensure good quality of the water in the estuaries

Article 32 Units discharging land-based pollutants shall report to the competent authorities being in charge of environmental protection land-based pollutant discharge facilities and treatment facilities owned by them, the types, quantities and concentration of the discharged land-based pollutants under normal operation conditions, and shall provide relevant technologies and data relating to the prevention and control of marine environmental pollution. In case of any major changes in the types, quantities and concentration of the discharged land-based pollutants, report shall be made in time. Dismantling or setting aside land-based pollutant treatment installations must be consent by the competent authorities being in charge of environmental protection in advance

Article 33 It is forbidden to discharge oils, acid liquids, alkaline liquids, hypertoxic waste liquids and waste water containing high/medium level radioactive matters into the sea areas. The discharge of waste water containing low-level radioactive matters into the sea areas shall be strictly controlled; If necessary, it shall be conducted in strict compliance with the State regulations concerning radiation prevention. The discharge of sewage containing persistent organisms and waste water containing heavy metals shall be strictly controlled

Article 34 No medical sewage carrying pathogens, domestic sewage and industrial waste water can be discharged into sea areas before properly treated in meeting with relevant discharge standards of the State

Article 35 The discharge of both industrial waste water and domestic sewage containing organic and nutrient matters into bays, semi-closed seas and other sea areas with low capacities of self-purification shall be strictly controlled

Article 36 In discharging thermal waste water into sea areas, effective measures shall be taken to ensure the water temperature in the adjacent fishing waters to meet marine environmental quality standards of the State in order to avoid damage to fishery resources by thermal pollution

Article 37 The use of chemical pesticides in coastal farmlands and forest farms shall be subject to the State provisions and standards governing the safe use of pesticides. Coastal farmlands and forest farms shall use chemical fertilizer and plant growth regulators in a rational way

Article 38 The discarding, piling up and disposal of mining tailings, waste ores, cinders, garbage and other solid wastes along seashores and beaches shall be conducted in accordance with relevant provisions of the "Law of the People's Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Wastes"

Article 39 It is prohibited to transport and transfer dangerous wastes through the internal waters and territorial sea of the People's Republic of China. The transportation and transfer of dangerous wastes through other sea areas under the jurisdiction of the People's Republic of China shall be consent in written by the competent authorities being in charge of environment protection under the State Council in advance

Article 40 People's Governments of coastal Cities shall construct and perfect city drainage pipeline networks, city sewage treatment plants or other sewage concentrated treatment facilities in a planned way and strengthen comprehensive control and management of urban sewage. Construction of ocean based sewage treatment facilities shall be conducted in compliance with relevant regulations of the State

Article 41 The State shall take necessary measures to prevent, reduce and control marine environmental pollution damage from of through atmosphere

Chapter 5 Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects

Article 42 New coastal construction projects, extentions or reconstruction projects must be built in compliance with relevant State regulations relating to environmental protection administration of construction projects and shall put the capital necessary for the prevention and control of pollution into construction project investment plan. No coastal construction projects or any other operations that may cause pollution to environment and damage to landscape shall be allowed within marine nature reserves, coastal historic sites and scenic spots, important fishery water and other areas where special protection are necessary delimited by law

Article 43 Units under taking coastal construction projects must, when conducting the project feasibility study, conduct scientific surveys of the marine environment, select suitable sites rationally in the light of natural and social conditions and formulate and submit environmental impact assessments. The environmental impact assessments shall, after examined by the competent authorities being in charge of marine affairs, be submitted to the competent authorities being in charge of environmental protection for examination and approval. The competent authorities being in charge of environmental protection must, before issuing the approval of the environmental impact assessment, ask the competent authorities being in charge of maritime affairs and fisheries as well as the environmental protection department of the Armed Forces for comment

Article 44 Environmental protection installations of the coastal construction projects shall be designed, built and put into operation together with the principle part of the construction project simultaneously. The construction projects shall not be put into trial operation without inspection and approval by the competent authorities being in charge of environmental protection. Before the environmental protection installations are examined and approved by the competent authorities being in charge of environmental protection of considered to fail to be up to standards after having been checked, the construction projects shall not be commissioned or used

Article 45 It is prohibited to construct new industrial projects that do not take effective pollution treatment measures in the coastal land areas, such as chemical pulp and paper mill, chemical plant, printing and dyeing mill, tannery, electroplating mill, brewery, oil refinery, beach ship-dismembering as well as other projects which cause serious marine environmental pollution

Article 46 In building coastal construction projects, effective measures must be taken to protect wild animals and plants and their living environment as well as fishery resources under State and local particular protection. It is strictly prohibited to excavate sand and gravels in the seashores. In conducting open seaside placer mining and well drilling on the coast for exploiting seabed mineral resources, effective measures must be taken to prevent the marine environment from pollution

Chapter 6 Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects

Article 47 The execution of marine construction projects must conform to marine functional zoning, marine environmental protection plan and relevant State environmental protection standards. When conducting the project feasibility study, marine environmental impact assessment shall be formulated and submitted to the competent authorities being in charge of marine affairs for examination and approval, and submitted to the competent authorities being in charge of environmental protection for registration and be subject to the supervision of the competent authorities being in charge of environmental protection. The competent authorities being in charge of marine affairs must, before the examination and approval of the marine environmental impact assessment, ask the competent authorities being in charge of maritime affairs and fisheries as well as the environmental protection department of the Armed Forces for comment

Article 48 Environmental protection installations of marine construction projects shall be designed, built and put into operation together with the principle part of the construction projects simultaneously. The construction projects shall not be put into trial operation without inspection and approval by the competent authorities being in charge of marine affairs. Before the environmental protection installations are examined and approved by the competent authorities being in charge of marine affairs or considered to fail to be up to standards after having been checked, the construction projects shall not be commissioned or used. Dismantling or setting aside the environmental protection installations must be consent by the competent authorities being in charge of marine affairs in advance

Article 49 Marine construction projects shall not use materials containing radioactivity in excess of standards or materials containing toxic and harmful substance easy to dissolve in the water

Article 50 In case explosive operations are necessary for the execution of marine construction projects, effective measures must be taken to protect marine resources. In the course of offshore oil exploration and exploitation as well as transportation of oil, effective measures must be taken to avoid outbreak of oil-spill

Article 51 Oily waste water and oil mixtures from offshore oil drilling vessels, drilling platforms and oil extraction platforms may be discharged into the sea only after proper treatment have been conducted and up to discharge standards. Residual and waste oil shall be recovered and must not be discarded into the sea. When they are discarded after treatment, the oil content of them may not exceed the standards laid down by the State. Oil-based mud and toxic compound mud used in drilling operations must not be disposed into the sea. The discharge of water-based mud, non-toxic compound mud and rig metal filings must conform to relevant provisions of the State

Article 52 Offshore oil drilling vessels, drilling platforms, oil extraction platforms and other relevant installations at the sea must not dispose of oil-containing industrial garbage into sea areas. The disposal of other industrial garbage shall not cause pollution to the marine environment

Article 53 In conducting offshore well testing, the oil and gas shall be thoroughly burned. Oil and oil mixtures must not be discharged into the sea

Article 54 In conducting exploration and exploitation of offshore oil, contingency plans for oil-spill shall be drawn up and submitted to the State competent authority being in charge of marine affairs for examination and approval

Chapter 7 Prevention and Control of Pollution Damage to the Marine Environment by Dumping of Wastes

Article 55 No unit is permitted, without approval of the State competent authority being in charge of marine affairs, to dump any wastes into the sea areas under the jurisdiction of the People’s Republic of China. Units that need to dump wastes may conduct dumping wastes into the sea only after they have submitted an application in written form to the State competent authority being in charge of marine affairs, and the State competent authority being in charge of marine affairs has examined and approved the application and issued a permit. Wastes outside the boundaries of the People’s Republic of China are prohibited to dump into the sea areas under the jurisdiction of the People’s Republic of China

Article 56 The State competent authority being in charge of marine affairs shall, in accordance with the toxicity of the wastes, the content of poisonous substances and the degree of impact on marine environment, formulate assessing procedures and standards regarding dumping of wastes into the sea. Dumping of wastes into the sea shall be managed in accordance with the categories and quantities of the wastes. The list of wastes permitted to dump into the sea shall be work out by the State competent authority being in charge of marine affairs, and commented by the competent authority being in charge of environment protection directly under the State Council, and then submit to the State Council for approval

Article 57 The State competent authority being in charge of marine affairs shall, in accordance with scientific, rational, economic and safety principles, select and map out ocean dumping zones and submit it to the competent authority being in charge of environmental protection directly under the State Council for comment, and then submit to the State Council for approval. Temporary ocean dumping zones any be approved by the State competent being in charge of marine affairs and shall be submit to the competent authority being in charge of environmental protection directly under the State Council for registration. The State competent authority being in charge of marine affairs must, in selecting and mapping out ocean dumping zones, and before approving temporary ocean dumping zones, ask the State competent authority being in charge of maritime affairs and fisheries for comment

Article 58 The State competent authority being in charge of marine affairs shall supervise and manage the use of ocean dumping zones, and organize environmental monitoring of the ocean dumping zones. Upon Confirming that a dumping zone is no longer suitable to be used, the State competent authority being in charge of marine affairs shall close it down to stop all dumping activities in the ocean dumping zone and report to the State Council for the registration

Article 59 Units granted to dump wastes must carry out in accordance with the time limit and conditions set down in the permit and carry out dumping in the designated area. After the wastes have been loaded, the department issuing a grant shall check and verify

Article 60 Units granted to dump wastes shall record down the details of dumping and submit a written report to the department issuing a grant after dumping. The vessels loading wastes must report to the competent authority being in charge of maritime affairs of the departure port

The incineration of wastes at the sea is forbidden. Disposal of wastes with radioactivity and other substances that are radioactive at the sea is forbidden. Exemption density of radioactivity in the waste shall be determined by the State Council

Chapter 8 Prevention and Control of Pollution Damage to the Marine Environment by Vessels and Their Related Operations

Article 62 No vessels and their related operations shall, in the sea areas under the jurisdiction of the People’s Republic of China, discharge pollutants, wastes, ballast water, vessel garbage and other harmful substances into the sea in violation of the provisions of this law. Those who engage in the business of collection of pollutants, wastes, garbage from vessel, and the operation of vessel cabin cleaning and washing must possess corresponding capacities of pollutant collection and treatment

Article 63 Vessels must, in accordance with relevant regulations, possess certificates and documents for the prevention of pollution to marine environment and make factual records in conducting pollutant discharging and other operations

Article 64 Vessels must be equipped with corresponding pollution prevention facilities and equipment. For vessels loaded cargoes containing pollution damages, its structures and equipment shall be able to prevent or reduce pollution to the marine environment by the loaded cargoes

Article 65 Vessels shall comply with the provisions provided in the marine traffic law and regulations and prevent maritime accidents of collision, running on rocks, stranding, fire or explosion, etc. To cause pollution to the marine environment/

Article 66 The State shall perfect and put into practice responsibility system of civil liability compensation for oil pollution by vessel, and shall establish insurance system of oil pollution by vessel, compensation fund system of oil pollution by vessel in accordance with the principles of sharing of owners of the vessel and the cargo of the compensation liabilities for oil pollution by vessel. Specific measures for the implementation of insurance of oil pollution by vessel, and the system of compensation fund of oil pollution by vessel shall be formulated by the State Council respectively

Article 67 For vessels loaded cargoes with pollution damage sailing in and out of the port, the carrier, owner of the cargo or his agent must apply and report to the competent authority being in charge of maritime affairs in advance. The vessels may sail in and out of the port, and transit berthing or conduct loading and unloading operations only after obtaining approval

Article 68 Vouchers, packages, marks and limits of quantity etc. Of cargoes with pollution damage delivered to the vessels for shipping must be in conformity with relevant regulations governing the cargoes to be shipped. In case it is necessary for shipping cargoes without distinct pollution danger, assessment should be made in advance in accordance with relevant regulations. In loading and unloading oil, toxic and harmful cargoes, the parties of the vessel and the port should comply with relevant operation rules and regulations of safety and pollution prevention

Article 69 Ports, docks, loading and unloading spots and shipyards must, in accordance with relevant regulations, are fitted with enough facilities to accommodate and deal with vessel-induced pollutants and wastes, and shall keep these facilities in good conditions. Ports, docks, loading and unloading spots and shipyards must draw up contingency plans foe oil-spill pollution and shall be equipped with corresponding contingency equipment and devices to deal with oil-spill pollution

Article 70 The following operation shall, in accordance with relevant regulations, be submitted to relevant department for approval or consent in advance: 1. Vessels using incinerators in the port waters; 2. Vessels conducting such operations as cabin washing, cabin cleaning, gas discharging, ballast water and residual oil discharging, oily water collecting, gunwale rust-eradicating and painting, etc. In the port waters; 3. Use of oil eliminating chemicals in the vessels, docks and facilities; 4. Vessels cleaning decks contaminated by pollutants, toxic and harmful substances; 5. Vessels undertaking operations of ship-to-ship transfer of bulk liquid cargoes with pollution damages; 6. Engaging in ship dismembering in the sea, ship salvaging, ship repairing and other surface and under-water operations

Article 71 If vessels occur maritime incidents causing or being likely to result in major pollution damages to the marine environment, the State competent authority being in charge of maritime affairs shall have the power to take compulsory measures to avoid or decrease pollution damage. If vessels and facilities occur maritime incidents at the high sea resulting in consequences of major pollution damage or threat to the sea areas under the jurisdiction of the People’s Republic of China, the State competent authority being in charge of maritime affairs shall have the power to take corresponding measures necessary for pollution damages which have caused or are likely to cause

Article 72 Any vessels shall have the obligation to supervise pollution at the sea and, upon discovering pollution accidents at the sea, or act of violation of the provisions of this law, must immediately report to the departments invested by this law with power of marine environment supervision and administration near. Civil aviation vehicles, upon discovering discharging of pollutants or pollution accidents at the sea, must report to the civil aviation air traffic control unit in the vicinity in time. The unit shall, upon receiving such report, immediately notify the departments invested by this law with power of marine environment supervision and administration

Chapter 9 Legal Liabilities

Article 73 Those who, in violation of the provisions of this law, commits any of the following acts, shall be ordered to remedy the damage within a fixed time and be fined by the competent authorities invested with the power of marine environment supervision and administration in accordance with this law; (1) Discharging pollutants or other substances into the sea to be prohibited to discharge by this law into sea areas; (2) Discharging pollutants into the sea not in conformity with the provisions of this law, or discharging pollutants in excess of standards; (3) Dumping wastes in the sea without permit of dumping; (4) Failing to take proper treatment measures immediately in case an accident or any other contingent event causes pollution to the marine environment; Those who commits any of the following acts in the above (1) and (3), shall be fined not less than RMB30,000 yuan but no more than RMB200,000 yuan, in the above (2) and (4), not less than RMB20,000 yuan but no more than RMB100,000 yuan; Article 74 Those who, in violation of the provisions of this law, commits any of the following acts, shall be warned or fined by the competent authorities invested by law with the power of marine environment supervision and administration in accordance with this law: (1) Failing to report in accordance with relevant provisions, or even refusing to report on matters relating to the discharge of pollutants or resorting to trickery and fraud in filing a report; (2) Failing to report in accordance with relevant provisions in case an accident or any other incident occurs; (3) Failing to make records of dumping in accordance with relevant provisions or failing to submit a report of dumping in accordance with relevant provisions; (4) Refusing to report of filing a false report on matters relating to the transportation of cargoes with pollution damages by vessels. Those who commits any of the following acts in the above (1) and (3), shall be fined no more than RMB20,000 yuan, in the above (2) and (4), no more than RMB50,000 yuan

Article 75 Those who, in violation of the provisions of Paragraph 2 of Article 19 of this law, refuses an inspection on the spot or resorts to trickery and fraud on inspection, shall be warned and find no more than RMB20,000 yuan by the departments invested with the power of marine environment supervision and administration in accordance with this law

Article 76 Those who, in violation of the provisions of this law, causes damage to marine ecosystems such as coral reefs, mangroves, etc., marine fishery resources and marine protected areas, shall be ordered to remedy the damage within a fixed time and take remedial measures, and be fined not less than RMB10,000 yuan but no more than RMB100,000 yuan by the departments invested with the power of marine environment supervision and administration in accordance with this law. In case those who has benefited from such illegal activity the income shall be confiscated by the departments concerned

Article 77 Those who, in violation of the provisions of Paragraphs 1 and 3 of Article 30 of this law, installs pollutant discharging outlet into the sea, shall be ordered to have the outlet shut down and fined not less than RMB20,000 yuan and no more than RMB100,000 yuan by the competent authorities in charge of environment protection under the local People’s Government at or above the County level

Article 78 Those who, in violation of the provisions of Paragraph 3 of Article 32 of this law, dismantles or sets aside environment protection installations without authorization, shall be ordered to have the installations rebuilt and put into use, and fines not less than RMB10,000 yuan and no more than RMB100,000 yuan by the competent authorities in charge of environment protection under the local People’s Government at or above the County level

Article 79 Those who, in violation of the provisions of Paragraph 2 of Article 39 of this law, transfers dangerous wastes through the sea areas under the jurisdiction of the People’s Republic of China, shall be ordered to have the vessel illegally transporting dangerous wastes withdrawn and sailed outside the sea areas under the jurisdiction of the People’s Republic of China, and fined not less than RMB50,000 yuan and no more than RMB500,000 yuan by the State competent authority being in charge of maritime affairs

Article 80 Those who, in violation of the provisions of Paragraph 1 of Article 43 of this law, builds coastal construction project without examined and approved environmental impact assessment, shall be ordered to stop such illegal construction and take remedial measures by the competent authorities in charge of environment protection under the local People’s Government at or above the County level, and fined not less than RMB50,000 yuan and no more than RMB200,000 yuan, or be ordered to have it removed within a fixed time by the local People’s Government at or above the County level in the light of the limits of authorization of administration

Article 81 Those who, in violation of the provisions of Article 44 of this law, puts into operation or use of coastal construction project, if failing to complete the construction of environment protection installations or environment protection installations failing to be up to the requirements, shall be ordered to stop the production and use of the project and fined not less than RMB20,000 yuan and no more than RMB100,000 yuan by the competent authorities in charge of environment protection

Article 82 Those who, in violation of the provisions of Article 45 of this law, builds new industrial construction project that causes serious pollution to the marine environment, shall be ordered to have such project shut down by the People’s Government at or above the County level in the light of the limits of authorization of administration

Article 83 Those who, in violation of the provisions of Paragraph 1 of Article 47 and Article 48 of this law, builds marine construction project, or put marine construction project into operation and use if failing to complete the construction of environment protection installations or environment protection installations failing to be up to the requirements, shall be ordered to stop construction or stop the production and use of the project, and fined not less than RMB50,000 yuan and no more than RMB200,000 yuan by the competent authorities in charge of marine affairs

Article 84 Those who, in violation of the provisions of Article 49 of this law, uses materials containing radioactive substance in excess of standards or toxic and harmful substances easy to dissolve in the water, shall be fined no more than RMB50,000 yuan and be ordered to stop the operation of the construction project until pollution damage in eliminated by the competent authorities in charge of marine affairs

Article 85 Those who, in violation of the provisions of this law, undertakes offshore oil exploration and exploitation to cause pollution damage to the marine environment, shall be warned and fined not less than RMB20,000 yuan and no more than RMB200,000 yuan by the State competent authority being in charge of marine affairs

Article 86 Those who, in violation of the provisions of this law, conducts dumping of wastes, failing to comply with the stipulations of permit, or conducts dumping of wastes in the ocean dumping zone already closed down, shall be warned and fined not less than RMB30,000 yuan and no more than RMB200,000 yuan by the competent authorities in charge of marine affairs. In case a serious circumstance occurs, the permit may be suspended or revoked by the competent authorities in charge of marine affairs

Article 87 Those who, in violation of the provisions of Paragraph 3 of Article 55 of this law, transports wastes from outside the boundaries of the People’s Republic of China to be dumped in the sea areas under the jurisdiction of the People’s Republic of China, shall be warned and be fined not less than RMB100,000 yuan and no more than RMB1,000,000 yuan, in the light of the consequences of pollution damage caused or being likely to cause, by the State competent authority being in charge of marine affairs

Article 88 Those who, in violation of the provisions of this law, commits any of the following acts, shall be warned or fined by the departments in vested by this law with the power of marine environment supervision and administration: (1) Ports, docks, loading and unloading spots and vessels failing to be equipped with pollution prevention facilities and devices; (2) Vessels failing to obtain pollution prevention certificate and pollution prevention document, or failing to take records of pollutant discharge in accordance with relevant provisions; (3) Engaging in ship dismantling at water surface and port water area, refitting of old vessel, salvaging, and other surface and underwater operations, which cause pollution damage to the marine environment; (4) Cargoes carried by vessels failing to meet pollution prevention and transportation requirements. Those who commits any of the following mentioned in the above (1) and (4), shall be fined not less than RMB20,000 yuan and no more than RMB100,000 yuan, in the above (2), no more than RMB20,000 yuan, in the above (3), not less than RMB50,000 yuan and no more than RMB100,000 yuan

Article 89 Vessels, oil platforms as well as ports, docks, loading and unloading spots, if failing to formulate contingency plans for oil-spill in violation of the provisions of this law, shall be warned or be ordered to remedy within a fixed time by the departments invested with the power of marine environment supervision and administration in accordance with the provisions of this law

Article 90 Those who causes pollution damage to the marine environment shall eliminate the damage and compensate the losses; in case of pollution damage to the marine environment resulting entirely from the intentional act or fault of a third party, third party shall eliminate the damage and be liable for the compensation. If the State suffers heavy losses from the damages to marine ecosystems, marine aquatic resources and marine nature reserves, the departments invested by this law with the power of marine environment supervision and administration shall, on behalf of the State, put forward compensation demand to those who are responsible for the damages

Article 91 Any unit, in violation of the provisions of this law, causes pollution accident to the marine environment, shall be fined in accordance with the damage and losses incurred by the department invested by this law with the power of marine environment supervision and administration. If the manager and other staff directly responsible for such accident are personnel employed by the governmental departments, they shall be imposed administrative penalties by law. The amount of fine mentioned in the above clause shall be determined according to 30 per cent of the direct losses, but no more than RMB300,000 yuan. Those who causes serious consequences of heavy losses of public and private property or human injuries and deaths of persons by major marine environment pollution accident, shall be investigated and imposed upon criminal responsibility by law

Article 92 Those who causes pollution damage may be exempted from the liability if the pollution damage to the marine environment by any of the following circumstances can not be avoided, despite of prompt and reasonable measures taken: (1) War; (2) Natural calamities of force majeure; (3) Negligence of other wrongful acts in the exercise of functions of competent authorities responsible for the maintenance of light-towers or other navigational aids

Article 93 In the violation of the provisions of Articles21 and 22 of this law, administrative penalties relating to the payment of pollutant discharge fees, and dumping fees, and pollution removal within a fixed time shall be formulated by the State Council

Article 94 Any person in charge of marine environment supervision and administration who abuses his power, neglects his duty or engaged in malpractice for personal gains to result in pollution damage to the marine environment, shall be given administrative penalties by law. If the circumstance constitutes a crime, he shall be investigated and affixed for criminal responsibility by law

Chapter 10 Supplementary Provisions

Article 95 For the purpose of this law, the following terms are defined as: (1) “pollution damage to the marine environment” means any direct or indirect introduction of substances or energy into the marine environment which results in the effects such as harm to marine living resources, hazards to human health, hindrance to fishing and other legitimate operations at sea, impairment of the use quality of sea water and degradation of environment quality. (2) “internal waters” means all sea areas on the landward side of the baselines of the territorial sea of our country. (3) “inshore wetland” means water areas where the depth of water is less than 6 meters at low tides and its coastal flooded and wet areas, flooded areas in-between tides and coastal lowland where the depth of water does not exceed 6 maters (including perpetual water areas, the intertidal zone and other coastal low land less than 6 meters). (4) “marine functional zoning” means to determine dominant functions in marine utilization and scope in utilization in the light of marine natural attributes and social attributes as well as natural resources and specified environment conditions. (5) “fishery areas” means spawning grounds, feeding grounds, wintering grounds and migration channels of fishes and shrimps, and the mariculture waters of fishes, shrimps shellfishes and algae. (6) “oils” means any kind of oil and its refined products. (7) “oil mixtures” means any mixtures containing oil. (8) “discharging” means to introduce pollutants into the sea, including pumping, spilling, releasing, gushing and pouring. (9) “land-based sources” (land-based) means the sites and installations, etc which are used to discharge pollutants from the land into sea areas causing or being likely to result in marine environment pollution. (10) “land-based pollutant” means pollutant discharged by land-based sources. (11) “dumping” means to dispose of wastes or other harmful substances into the sea from vessels, airborne vehicles, platforms or other means of transport, including the abandonment of vessels, airborne vehicles, platforms and other floating apparatus. (12) “coastal land areas” means areas connected with sea shores or areas directly or indirectly discharging pollutants into the sea through pipelines, channels, installations or conducting related operations. (13) “incineration at the sea” means intentional act of burning pollutants or other substances on the incinerator at the sea with aim of destruction by heat. However, incineration necessary to the operation of vessels, platforms or other artificial structures shall be excluded

Article 96 Specific functions and powers of relevant departments in marine environment supervision and administration, which are not provided in this law, shall be determined by the State Council

Article 97 If the provisions provided in an international treaty regarding environment protection concluded or acceded to by the People’s Republic of China are not consistent with the provisions provided in this law, the provisions of the international treaty shall apply, unless the People’s Republic of China has announced reservations

Article 98 This law shall come into force as of April 1, 2000.