Port Law of the peoples Republic of China 中华人民共和国港口法

ons concerning waterway traffic safety. After receiving the report， the maritime administration authority shall， without delay， notify the port administration authority thereof.

　　Before a vessel carrying dangerous cargoes enters or leaves a port， the descriptions， characteristics and package

of the cargoes and the time of entry or departure shall be reported to the maritime administration authority in accordance with the regulations of the competent department of communications under the state Council. After receiving the repot， the maritime administration authority shall make the decision whether to grant approval or not within the time limit specified by the competent department of communications under the state council and notify the reporter and the port administration authority of the decision. However， fixed vessels navigating along fixed routes and carrying fixed categories of cargoes may make the report on a regular basis.

　　Article 35 Before loading， unloading and lightering dangerous cargoes in a port area， the descriptions， characteristics and package of the cargoes and the time and place for the operations shall be reported to the port administration authority in accordance with the regulations of the competent department of communications under the state Council. After receiving the report， the said authority shall make the decision whether to grant approval or not within the limit specified by the competent department of communications under the state Council notify the reporter and the maritime administration authority the decision.

　　Article 36 A port administration authority shall， in accordance with law， conduct supervision and inspection of safe production in the port and maintain patrol of key docks where masses of passengers embark and disembark or relatively large quantities of cargoes are loaded and unloaded， or which are used for special purposes. If hidden dangers threatening safety are found during inspection， it shall instruct the party under inspection to eliminate， immediately or within a time limit， such dangers.

　　The department in charge of supervision of safe production and other departments concerned shall， within the limits of their respective duties， conduct supervision and inspection of safe production in the port in accordance with the provisions of laws and regulations.

　　Article 37 Aquaculture and planting in the water area of a port is prohibited.

　　Excavation， demolition and other activities in a port area that may threaten port safety are prohibited； but where such activities are really needed for construction or other purposes， the necessary protective measures for safety shall be taken and the activities shall be reported to the port administration authority for approval； and where， according to the provisions of the laws and administrative regulations concerning waterway traffic safety， approval by the maritime administration authority is required， such activities shall， in addition， be reported to the said authority for approval.

　　Dumping of soil sand stone onto the water area of a port and discharging of noxious and harmful substances in excess of the specified norms in violation of laws and regulations concerning environmental protection are prohibited.

　　Article 38 with respect to the construction of bridges， submarine tunnels， hydropower stations and other projects that may change the hydrologic conditions of a port， the department responsible for examination and approval of such projects shall consult with the port administration authority beforehand

　　Article 39 With respect to vessels which need be piloted into or out of a port in accordance with the laws and administrative regulations concerning waterway traffic safety， an application for pilotage shall be submitted to the pilotage authority. The specific measures for pilotage shall be formulated by the competent department of communications under the state Council.

　　Article 40 In conditions where passers and cargoes are held up so that the port is blockaded， port administration authority shall take effective measures in time to regulate the flow of passengers and cargoes； and when it necessary， the people's government of the city or cou

nty where the port the port is located may directly take measures to do so.

　　Article 41 The port administration authority shall take charge of the formulation of the charter of the port under its administration and make the charter known to the public.

　　The contents of the port charter shall include the descriptions of the port's geographical position， fairway conditions， harbor depth， mechanical equipment， cargo handling capacity etc.， together with the specific measures taken by this port for the implementation of laws and regulations concerning port administration and the relevant regulations of the competent department of communications under the state council.

　　Article 42 The port administration authority shall supervise and inspect the implementation of this Law in compliance with its duties.

　　When exercising supervision and inspection in accordance with law， the supervisors or inspectors from the port administration authority shall have the right to ask the unit under inspection and the concerned for relevant information to look up and duplicate relevant materials.

　　The supervisor or inspector shall keep confidential the business secrecies learnt during inspection.

　　The supervisor or inspector shall produce his law-enforcement papers wen exercising supervision and inspection.

　　Article 43 The supervisor or inspector shall keep a written record of the time， place and items of supervision and inspection， the problems found， and the solutions thereof， and the record shall be signed by the supervisor or inspector and the person in charge of the unit under inspection. Were the person in charge of the unit under inspection refuses to sign， the supervisor or inspector shall put such refusal on record and report it to the port administration authority.

　　Article 44 the unit under inspection and individuals concerned shall accept the supervision and inspection conducted by the port administration authority in accordance with law， truthfully provide the relevant information and materials and shall not refuse to accept inspection， conceal the relevant information and materials， or provide information and materials.

　　Chapter V

　　Legal Responsibilities

　　Article 45 Whoever commits one of the following acts shall be instructed by the local people's government at or above the county level or by the port administration authority to rectify within a time limit； if he fails to do so at the expiration of the time limit， the authority that makes the decision for rectification within a time limit shall apply to the people's court for compulsory demolishing of the facilities constructed in violation of； law and a fine of not more than RMB 50，000 yuan may be imposed on him：

　　（1） constructing a port， dock or other port facilities at variance with port plans； or

　　（2） using port coastlines in the construction of port facilities without obtaining approval in accordance with law.

　　where the department in charge of examination and approval of construction projects grants approval to the construction of a project at variance with port plans， the persons directly in chare and the other persons directly responsible shall be given administrative sanctions in accordance with law.

　　Article 46 Whoever， without obtaining approval in accordance with law， places constructed in a port for handling dangerous cargoes or special places constructed for sanitation and pest elimination， or fails to keen the distance between the said places and the densely-populated districts or the passenger transport facilities in conformity with the regulations of the relevant departments under the state Council shall be instructed by the port administration authority to stop their construction or use and to rectify within a time limit and may be imposed a fine of not more than 50，000 yuan.

　　Article 47 Whoever puts into use the handling facil

ities or passenger transport facilities which are not checked and accepted as qualified shall be instructed by the port administration authority to stop their use and to rectify wi8thin a time limit and may be imposed a fine or not more than 50，000 yuan.

　　Article 48 Whoever commits one of the following acts shall be instructed by the port administration authority to stop the illegal operation， and his illegal gains shall be confiscated； where the illegal gains exceed 100，000 yuan he shall， in addition， be fined not less than two time but not more than five times the illegal gains； and where the illegal gains are less than 100，000 yuan ，he shall be fined nit less than 50，000 yuan but not more than 200，000 yuan.

　　（1） engaging in port operation without obtaining a port operation permit in accordance with law；

　　（2） engaging in port tallying without obtaining permission in accordance with law； or

　　（3） in the case of a port tallyman ，concurrently engaging in loading， unloading or storing cargoes.

　　for a person who commits the act specified in Sub-paragraph （3） of the preceding paragraph ， if the circumstances are serious ，his port tallying permit shall be revoked by the relevant competent authority.

　　Article 49 Where a port operator does not give first priority to the materials for use in emergency， materials for relief of disasters and materials urgently needed for the buildup of national defence， he shall be instructed by the port administration authority to rectify； an

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