The Ministry of Justice ("MOJ") has recently issued the Administrative Regulations of the People's Republic of China on Environmental Protection for Offshore Oil Exploration and Exploitation (Revised Draft for Comment) (the "Draft for Comment") for public comment by August 30, 2019.
The Draft for Comment makes major amendments in four aspects. The first is ramping up supervision and administration. The control on the gross volume of pollutants discharged in key sea areas shall be put into effect, and a system will be implemented to restrict approval to environment assessment for those sea areas where pollutant emissions are not up to standard. And competent authorities will be required to intensify supervisory checks and call a timely halt to illicit activities that cause environmental pollution. The second is detailing measures for preventing and controlling pollution. Explorers and exploiters will be required to periodically submit to the competent authorities records of measures they have taken to prevent and control pollution, during their ongoing operations; after completion of these operations, explorers and exploiters shall dispose of relevant facilities in a timely manner and arrange and take relevant measures to clean up and restore the environment according to law. The third is setting up a sound emergency response system for oil spilling accidents. And the fourth is tightening legal liability, such as increasing the amount of penalties and introducing punitive measures, such as imposing consecutive penalties on a daily basis, and other mandatory measures, with the aim of curbing and rectifying irregularities.