The Ministry of Justice ("MOJ") has recently issued the Draft Amendment of the Administrative Regulations of the People's Republic of China on the Protection of Underwater Cultural Heritage (Draft for Review) (the "Draft for Review") to seek public comments by April 18, 2019.
The previous structure of chapters remains essentially unchanged, while the Draft for Review proposes main revisions in nine aspects. For instance, more detailed provisions are set forth for "the division of responsibilities for preserving underwater cultural heritage, the cultural heritage protection entity system, the reporting system for the uncovered cultural heritage and measures taken on the spot to take good care of the cultural heritage, underwater archaeological surveys during the construction of basic construction projects, registration and conservation of cultural heritage excavated from under the water", among other contents and procedures. Also, it is clearly stated that the administrative department of cultural heritage of the State Council shall make a unified planning and appoint specific agencies to organize the implementation, and shall, under the principle of "pursuing effective utilization and making overall plans while taking all factors into consideration", have the excavated underwater cultural heritage placed in designated sites, in a bid to reflect the national nature of efforts at conserving underwater cultural heritage and prevent local interested persons from causing any unnecessary disturbance to the administration of the protection of underwater cultural heritage. Moreover, it is required that procedures for publishing the demarcation of conservation areas for underwater cultural heritage and requirements for such conservation shall be made clear and could be adjusted to make it convenient for local authorities to perform protection.