Marine Environment Protection Law of the People's Republic of China (Amended in 2017)
Marine Environment Protection Law of the People's Republic of China (Amended in 2017)
Marine Environment Protection Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982; revised at the 13th Meeting of the Standing Committee of the Ninth National People's Congress on December 25, 1999; amended for the first time according to the Decision on Amending Seven Laws including the Marine Environment Protection Law of the People's Republic of China made at the 6th Meeting of the Standing Committee of the 12th National People's Congress on December 28, 2013; amended for the second time according to the Decision on Amending the Marine Environmental Protection Law of the People's Republic of China made at the 24th Meeting of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Supervision and Control over the Marine Environment
Chapter III Marine Ecological Protection
Chapter IV Prevention and Control of Pollution Damage to the Marine Environment Caused by Land-based Pollutants
Chapter V Prevention and Control of Pollution Damage to the Marine Environment Caused by Coastal Construction Projects
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment Caused by Marine Construction Projects
Chapter VII Prevention and Control of Pollution Damage to the Marine Environment Caused by Dumping of Wastes
Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment Caused by Vessels and Their Related Operations
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect and improve marine environment, conserve marine resources, prevent pollution damages, maintain ecological balance, safeguard human health and promote sustainable economic and social development.
Article 2 This Law shall apply to the internal waters, territorial seas, contiguous zones, exclusive economic zones and continental shelves of the People's Republic of China and all other sea areas under the jurisdiction of the People's Republic of China.
All units and individuals engaged in navigation, exploration, exploitation, production, tourism, scientific research or other operations in the sea areas under the jurisdiction of the People's Republic of China, or engaged in operations in the coastal land areas which have impact on the marine environment shall comply with this Law.
This Law shall also apply to pollution to the sea areas under the jurisdiction of the People's Republic of China originating from areas beyond the sea areas under the jurisdiction of the People's Republic of China.
Article 3 The State delineates the ecological protection baseline in sea areas such as key marine ecological function areas, and other sea areas with ecological sensitivity and fragility, so as to implement strict protection.
The State shall establish and put into practice a system of controlling the total sea-disposal pollution discharge for the key sea areas, determine the standards for controlling the total sea-disposed main pollutants discharge and shall assign controlled pollution discharges to key pollution sources. The specific measures therefor shall be formulated by the State Council.
Article 4 All units and individuals shall have the obligation to protect the marine environment and have the right to supervise and expose the act of any unit or individual that causes pollution damage to the marine environment, as well as the act of any functionary engaged in marine environment supervision and control that constitutes a neglect of duty in violation of the law.
Article 5 The administrative department in charge of environment protection under the State Council, as the department to exercise unified supervision and control over the nation-wide environment protection work, shall guide, co-ordinate and supervise the nation-wide marine environment protection work and be responsible for preventing and controlling marine pollution damages caused by land-based pollutants and coastal construction projects.
The State oceanic administrative department shall be responsible for the supervision and control over the marine environment, organize survey, surveillance, supervision, assessment and scientific research of the marine environment and be responsible for the nation-wide environment protection work in preventing and controlling marine pollution damages caused by marine construction projects and dumping of wastes in the sea.
The State administrative department in charge of maritime affairs shall be responsible for the supervision and control over marine environment pollution caused by non-military vessels inside the port waters under its jurisdiction and non-fishery vessels and non-military vessels outside the said port waters, and be responsible for the investigation and treatment of the pollution accidents. In the event of a pollution accident caused by a foreign vessel navigating, berthing or operating in the sea under the jurisdiction of the People's Republic of China, inspection and treatment shall be conducted on board the vessel in question. Where the pollution accident caused by a vessel results in fishery damages, the competent fishery administrative department shall be invited to take part in the investigation and treatment.
The State fishery administrative department shall be responsible for the supervision and control over the marine environment pollution caused by non-military vessels inside the fishing port waters and that caused by fishing vessels outside the fishing port waters, be responsible for the protection of ecological environment in the fishing zones, and shall investigate and handle the fishery pollution accidents other than those specified in the preceding paragraph.
The environmental protection department of the armed forces shall be responsible for the supervision and control over the marine pollution caused by military vessels and for the investigation and handling of the pollution accidents caused by military vessels.
The functions and responsibilities of the departments empowered to conduct marine environment supervision and control under 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 or municipalities directly under the Central Government in accordance with this Law and the relevant regulations of the State Council.
(Relevant articles: Legislation 1)
Article 6 The administrative department of environmental protection, the administrative department of marine affairs and other departments that exercise the supervision and management of the marine environment shall disclose the relevant information on the marine environment based on the division of duties according to the law; the relevant pollutant discharge units shall disclose the pollutant discharge information in accordance with the law.
Chapter II Supervision and Control over Marine Environment
Article 7 The national administrative department of marine affairs shall, in conjunction with the relevant departments under the State Council and the people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government, work out a national marine functional zonation scheme and submit it to the State Council for approval.
The coastal local people's governments shall, in accordance with the national and local marine functional zonation schemes, protect and make use of the sea areas in a scientific and rational way."
Article 8 The State shall draw up, in accordance with the marine functional zonation scheme, national marine environment protection plan and regional marine environment protection plans in key sea areas.
The relevant people's government of the coastal provinces, autonomous regions and municipalities directly under the Central Government adjacent to key sea areas and the departments empowered to conduct marine environment supervision and control may set up regional co-operation organizations for marine environment protection which shall be responsible for the implementation of regional marine environment protection plans in key sea areas as well as for the prevention and control of marine environment pollution and the marine ecological conservation work.
Article 9 Cross-regional marine environment protection problems shall be solved through consultations by the relevant coastal local people's governments or be solved through coordination by the people's government at the higher level.
Major cross-departmental marine environment protection work shall be coordinated by the administrative department in charge of environment protection under the State Council. The problems that fail to be settled through coordination shall be submitted to the State Council for decision.
Article 10 The State shall work out the national marine environment quality standards in accordance with the marine environment quality conditions and the economic and technological level of the country.
The people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government may work out the local marine environment quality standards for those items not specified in the national marine environment quality standards.
The coastal local people's governments at various levels shall, in accordance with the stipulations laid down in the national and local marine environment quality standards and the coastal sea area environment quality conditions in their respective administrative areas, work out their marine environment protection targets and tasks, incorporate them into their respective government work plans and exercise control thereover in accordance with the corresponding marine environment quality standards.
Article 11 In working out the national and local water pollutant discharge standards, the national and local marine environment quality standards shall be taken as one important basis.For the key sea areas where the State has established and put into practice the system of controlling the total sea-disposed pollution discharge, the standards for controlling the total sea-disposed main pollutants discharge shall also be taken as an important basis in determining the water pollutant discharge standards.
A pollutant discharge unit shall satisfy the national and local water pollutant discharge standards, and abide by the control index for the total sea-disposed main pollutant discharge assigned for the implementation by each unit.
For key sea areas to which the total quantity of major pollutants discharged is higher than the specified indicators, or the sea areas failing to meet the objectives and targets for marine environmental protection, the administrative department in charge of environmental protection and the oceanic administrative department at or above the provincial level shall temporarily suspend the examination and approval of the environmental impact assessment reports (statements) for the construction projects that will increase the total amount of discharge of pollutants in accordance with separation of duties.
Article 12 All units and individuals discharging pollutants directly into the sea must pay pollutant discharge fees in accordance with the State regulations.
Where the environmental protection tax has been paid in accordance with the law, there is no need to pay pollutant discharge fees.
Pollutant discharge fees and dumping fees levied in accordance with the provisions of this Law must be used for the prevention and control of marine environment pollution and may not be appropriated for any other purposes.
......
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982; revised at the 13th Meeting of the Standing Committee of the Ninth National People's Congress on December 25, 1999; amended for the first time according to the Decision on Amending Seven Laws including the Marine Environment Protection Law of the People's Republic of China made at the 6th Meeting of the Standing Committee of the 12th National People's Congress on December 28, 2013; amended for the second time according to the Decision on Amending the Marine Environmental Protection Law of the People's Republic of China made at the 24th Meeting of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Supervision and Control over the Marine Environment
Chapter III Marine Ecological Protection
Chapter IV Prevention and Control of Pollution Damage to the Marine Environment Caused by Land-based Pollutants
Chapter V Prevention and Control of Pollution Damage to the Marine Environment Caused by Coastal Construction Projects
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment Caused by Marine Construction Projects
Chapter VII Prevention and Control of Pollution Damage to the Marine Environment Caused by Dumping of Wastes
Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment Caused by Vessels and Their Related Operations
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect and improve marine environment, conserve marine resources, prevent pollution damages, maintain ecological balance, safeguard human health and promote sustainable economic and social development.
Article 2 This Law shall apply to the internal waters, territorial seas, contiguous zones, exclusive economic zones and continental shelves of the People's Republic of China and all other sea areas under the jurisdiction of the People's Republic of China.
All units and individuals engaged in navigation, exploration, exploitation, production, tourism, scientific research or other operations in the sea areas under the jurisdiction of the People's Republic of China, or engaged in operations in the coastal land areas which have impact on the marine environment shall comply with this Law.
This Law shall also apply to pollution to the sea areas under the jurisdiction of the People's Republic of China originating from areas beyond the sea areas under the jurisdiction of the People's Republic of China.
Article 3 The State delineates the ecological protection baseline in sea areas such as key marine ecological function areas, and other sea areas with ecological sensitivity and fragility, so as to implement strict protection.
The State shall establish and put into practice a system of controlling the total sea-disposal pollution discharge for the key sea areas, determine the standards for controlling the total sea-disposed main pollutants discharge and shall assign controlled pollution discharges to key pollution sources. The specific measures therefor shall be formulated by the State Council.
Article 4 All units and individuals shall have the obligation to protect the marine environment and have the right to supervise and expose the act of any unit or individual that causes pollution damage to the marine environment, as well as the act of any functionary engaged in marine environment supervision and control that constitutes a neglect of duty in violation of the law.
Article 5 The administrative department in charge of environment protection under the State Council, as the department to exercise unified supervision and control over the nation-wide environment protection work, shall guide, co-ordinate and supervise the nation-wide marine environment protection work and be responsible for preventing and controlling marine pollution damages caused by land-based pollutants and coastal construction projects.
The State oceanic administrative department shall be responsible for the supervision and control over the marine environment, organize survey, surveillance, supervision, assessment and scientific research of the marine environment and be responsible for the nation-wide environment protection work in preventing and controlling marine pollution damages caused by marine construction projects and dumping of wastes in the sea.
The State administrative department in charge of maritime affairs shall be responsible for the supervision and control over marine environment pollution caused by non-military vessels inside the port waters under its jurisdiction and non-fishery vessels and non-military vessels outside the said port waters, and be responsible for the investigation and treatment of the pollution accidents. In the event of a pollution accident caused by a foreign vessel navigating, berthing or operating in the sea under the jurisdiction of the People's Republic of China, inspection and treatment shall be conducted on board the vessel in question. Where the pollution accident caused by a vessel results in fishery damages, the competent fishery administrative department shall be invited to take part in the investigation and treatment.
The State fishery administrative department shall be responsible for the supervision and control over the marine environment pollution caused by non-military vessels inside the fishing port waters and that caused by fishing vessels outside the fishing port waters, be responsible for the protection of ecological environment in the fishing zones, and shall investigate and handle the fishery pollution accidents other than those specified in the preceding paragraph.
The environmental protection department of the armed forces shall be responsible for the supervision and control over the marine pollution caused by military vessels and for the investigation and handling of the pollution accidents caused by military vessels.
The functions and responsibilities of the departments empowered to conduct marine environment supervision and control under 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 or municipalities directly under the Central Government in accordance with this Law and the relevant regulations of the State Council.
(Relevant articles: Legislation 1)
Article 6 The administrative department of environmental protection, the administrative department of marine affairs and other departments that exercise the supervision and management of the marine environment shall disclose the relevant information on the marine environment based on the division of duties according to the law; the relevant pollutant discharge units shall disclose the pollutant discharge information in accordance with the law.
Chapter II Supervision and Control over Marine Environment
Article 7 The national administrative department of marine affairs shall, in conjunction with the relevant departments under the State Council and the people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government, work out a national marine functional zonation scheme and submit it to the State Council for approval.
The coastal local people's governments shall, in accordance with the national and local marine functional zonation schemes, protect and make use of the sea areas in a scientific and rational way."
Article 8 The State shall draw up, in accordance with the marine functional zonation scheme, national marine environment protection plan and regional marine environment protection plans in key sea areas.
The relevant people's government of the coastal provinces, autonomous regions and municipalities directly under the Central Government adjacent to key sea areas and the departments empowered to conduct marine environment supervision and control may set up regional co-operation organizations for marine environment protection which shall be responsible for the implementation of regional marine environment protection plans in key sea areas as well as for the prevention and control of marine environment pollution and the marine ecological conservation work.
Article 9 Cross-regional marine environment protection problems shall be solved through consultations by the relevant coastal local people's governments or be solved through coordination by the people's government at the higher level.
Major cross-departmental marine environment protection work shall be coordinated by the administrative department in charge of environment protection under the State Council. The problems that fail to be settled through coordination shall be submitted to the State Council for decision.
Article 10 The State shall work out the national marine environment quality standards in accordance with the marine environment quality conditions and the economic and technological level of the country.
The people's governments of the coastal provinces, autonomous regions and municipalities directly under the Central Government may work out the local marine environment quality standards for those items not specified in the national marine environment quality standards.
The coastal local people's governments at various levels shall, in accordance with the stipulations laid down in the national and local marine environment quality standards and the coastal sea area environment quality conditions in their respective administrative areas, work out their marine environment protection targets and tasks, incorporate them into their respective government work plans and exercise control thereover in accordance with the corresponding marine environment quality standards.
Article 11 In working out the national and local water pollutant discharge standards, the national and local marine environment quality standards shall be taken as one important basis.For the key sea areas where the State has established and put into practice the system of controlling the total sea-disposed pollution discharge, the standards for controlling the total sea-disposed main pollutants discharge shall also be taken as an important basis in determining the water pollutant discharge standards.
A pollutant discharge unit shall satisfy the national and local water pollutant discharge standards, and abide by the control index for the total sea-disposed main pollutant discharge assigned for the implementation by each unit.
For key sea areas to which the total quantity of major pollutants discharged is higher than the specified indicators, or the sea areas failing to meet the objectives and targets for marine environmental protection, the administrative department in charge of environmental protection and the oceanic administrative department at or above the provincial level shall temporarily suspend the examination and approval of the environmental impact assessment reports (statements) for the construction projects that will increase the total amount of discharge of pollutants in accordance with separation of duties.
Article 12 All units and individuals discharging pollutants directly into the sea must pay pollutant discharge fees in accordance with the State regulations.
Where the environmental protection tax has been paid in accordance with the law, there is no need to pay pollutant discharge fees.
Pollutant discharge fees and dumping fees levied in accordance with the provisions of this Law must be used for the prevention and control of marine environment pollution and may not be appropriated for any other purposes.
......