Regulations of the People's Republic of China on Control Over the Dumping of Wastes in the Ocean (Revised in 2017)

Regulations of the People's Republic of China on Control Over the Dumping of Wastes in the Ocean (Revised in 2017)
Regulations of the People's Republic of China on Control Over the Dumping of Wastes in the Ocean (Revised in 2017)

Order of the State Council of the People's Republic of China No. 676

March 1, 2017

(Promulgated by the State Council on March 6, 1985; revised for the first time in accordance with the Decision of the State Council on Abolishing and Revising Certain Administrative Regulations on January 8, 2011; and revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017)

Article 1 These Regulations are specially formulated for the implementation of the "Marine Environmental Protection Law of the People's Republic of China" in order to keep a tight control over the dumping of wastes into the ocean so as to prevent pollution damage to marine environment, keep the ecological balance, protect marine resources, and promote the development of ocean undertakings.

Article 2 The term "dumping" as used in these Regulations refers to discharging wastes and other substances into the ocean by means of vessels, aircraft, platforms and other means of transportation. It also refers to discharge of vessels, aircraft, platforms and other man-made structures used on the sea. In addition, it also refers to the discharge of wastes and other substances caused by the submarine exploration and exploitation of mineral resources and the related maritime processing.
"Dumping" does not include the drainage from the vessels, aircraft, and other means of transportation and equipment working under normal conditions.

Article 3 These Regulations are applicable to the following:
1. dumping wastes and other substances into the inland sea, territorial sea, continental shelves and other sea areas under the jurisdiction of the People's Republic of China;
2. loading wastes and other substances on land or at harbors of the People's Republic of China for the purpose of dumping;
3. the transport of wastes and other substances through the inland sea, territorial sea and other sea areas under the jurisdiction of the People's Republic of China for the purpose of dumping;
4. burning wastes and other substances within the sea areas under the jurisdiction of the People's Republic of China;
The wastes produced in the process of offshore oil exploration and exploitation shall be dealt with according to the Regulations of the People's Republic of China on Administration of Environmental Protection in the Exploration and Development of Offshore Petroleum.

Article 4 The competent departments responsible for matters concerning the dumping of wastes are the National Oceanographic Bureau and its agencies (hereinafter referred to as "the competent department").

Article 5 The areas for dumping shall be designated by the competent department through consultation with relevant departments in accordance with the principles of being scientific, rational, safe and economical and shall be submitted to the State Council for approval.

Article 6 Units that need to dump wastes into the ocean shall apply for permission to the competent department, and fill out according to set formula the application forms for dumping wastes together with an examination report on the characteristics and components of the wastes.
The competent department shall process the application within 2 months of receipt of the application and a dumping permit shall be granted to those approved to dump.
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