中华人民共和国海域使用管理法 Law of the Peoples Republic of China on the Administration of the Use of Sea Areas

颁布日期：20011027 　实施日期：20020101 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.61

　　The Law of the People's Republic of China on the Administration of the Use of Sea Areas, adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 27,2001, is hereby promulgated and shall go into effect as of January 1,2002

　　Jiang Zemin

　　President of the People's Republic of China

　　October 27,2001

　　（Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27,2001）

　　Contents

　　Chapter I General Provisions

　　Chapter II Marine Function Zoning

　　Chapter III Application for, and Examination and Approval of the Use of Sea Areas

　　Chapter IV Right to the Use of Sea Areas

　　Chapter V Fees for the Use of Sea Areas

　　Chapter VI Supervision and Inspection

　　Chapter VII Legal Liabilities

　　Chapter VIII Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted for the purpose of strengthening the administration of the use of sea areas, safeguarding State ownership of the sea areas and the legitimate rights and interests of the sea area users, promoting rational development and sustainable utilization of the sea areas.

　　Article 2 For the purpose of this Law, the sea areas refer to the sea surface, water volume, seabed and subsoil of the inland waters and territorial seas of the People's Republic of China.

　　The inland waters in this Law refer to the sea areas extending from the landward side of the territorial seas of the People's Republic of China to the coastline.

　　This Law shall be applicable to any exclusive activities relating to the continuous use of a specific sea area over three months within the inland waters or territorial seas of the People's Republic of China.

　　Article 3 The sea areas are owned by the State, and the State Council exercises the right of ownership in the sea areas on behalf of the State. No entity or individual may seize, buy or sell the sea areas or illegally transfer them in other ways.

　　Any entity or individual that intends to use the sea areas is required to obtain the right to their use in accordance with law.

　　Article 4 The State applies the system for marine function zoning. The sea areas shall be used in conformity with the marine function zoning.

　　The State exercises strict control over the activities relating to the use of the sea areas that may alter their natural attributes, such as filling sea areas and reclaiming land from them.

　　Article 5 The State establishes an information system for the administration of the use of sea areas in order to oversee and monitor the use of the sea areas.

　　Article 6 The State establishes a registration system for the right to the use of sea areas. Such right shall, once registered in accordance with law, be protected by law.

　　The State establishes a statistics system for the use of the sea areas and periodically issues the statistics of such.

　　Article 7 The department in charge of marine administration under the State Council shall be responsible for supervision over the use of the sea areas nationwide. The departments in charge of marine administration under the local people's government at or above the county level shall, as authorized, be responsible for supervision over the use of the sea areas adjacent to their administrative regions respectively.

　　The department in charge of marine administration shall, in accordance with the Fisheries Law of the People's Republic of China, conduct supervision over marine fishery.

　　The maritime administration authority shall exercise supervision over maritime traffic saf

ety in accordance with the Maritime Traffic Safety Law of the People's Republic of China.

　　Article 8 All entities and individuals are obligated to abide by the laws and regulations on the administration of the use of the sea areas and have the right to report violations of such laws and regulations and bring complaints about them.

　　Article 9 People's government shall reward the entities and individuals that have achieved outstanding successes in protecting and rationally utilizing the sea areas and in scientific research in this field.

　　Chapter II

　　Marine Function Zoning

　　Article 10 The department in charge of marine administration under the State Council shall, in conjunction with the department concerned and the people's government of coastal provinces, autonomous regions, and municipalities directly under the Central Government work out marine function zoning plans.

　　The departments charge of marine administration under the coastal local people's governments at or above the county level shall, in conjunction with the departments concerned of the people's government at the same level, work out the local marine function zoning plans on the basis of such plans worked out at the next higher level.

　　Article 11 Marine function zoning plans shall be worked out on the following principles：

　　（1）scientifically defining the functions of the sea areas in light of such natural attributes as their geographical location, natural resources and natural environment;

　　（2）making overall arrangements for the use of sea areas among various related sectors according to the needs of economic and social development;

　　（3）protecting and improving the ecological environment, ensuring the sustainable utilization of the sea areas and promoting the development of the marine economy;

　　（4）ensuring the maritime traffic safety; and

　　（5）safeguarding the security of national defense and guaranteeing the needs in the military use of the sea areas.

　　Article 12 Marine function zoning plans shall be subject to examination and approval by different levels.

　　The national marine function zoning plan shall be submitted to the State Council for approval.

　　The marine function zoning plan of a coastal province, autonomous region or municipality directly under the Central Government shall, after examination and consent by the people's government of the said province, autonomous region or municipality, be submitted to the State Council for approval.

　　The marine function zoning plan of a coastal city or county shall, after examination and consent by the people's government of the said city or county, be submitted for approval to the people's government of the province, autonomous region or municipality directly under the Central Government where the city or county is located, and reported to the department in charge of marine administration under the State Council for the record.

　　Article 13 With regard to alteration of a marine function zoning, a proposal for alteration shall be put forward by the department that works out the plan for the zoning, in conjunction with the departments concerned at the same level, for approval by the original approving department. In the absence of such approval, no functions of the sea areas defined by the marine function zoning may be altered.

　　Where marine function zoning that needs to be altered for public interests, security of national defense or construction of large-scale energy, traffic or other infrastructures shall be subject to approval by the State Council, and the alteration shall be made according to the documents of approval issued by the State Council.

　　Article 14 A marine function zoning plan shall, upon approval, be made known to the public except for the parts relating to State secrets.

　　Article 15 Plans for acquaculture, the salt industry, commu

nications, tourism and other industries that involve the use of sea areas shall be made in conformity with the marine function zoning.

　　The overall plan for the utilization of coastal land, urban planning and port planning that involve the use of sea areas shall be dovetailed with the marine function zoning.

　　Chapter III

　　Application for, Examination and Approval of the Use of Sea Areas

　　Article 16 Any entity and individual may, for the use of sea areas, apply to the department in charge of marine administration under the people's government at or above the county level.

　　To apply for the use of sea areas, the applicant shall submit the following written materials：

　　（1）an application for the use of sea areas;

　　（2）feasibility assessment of the use of sea areas;

　　（3）relevant credit certifying papers; and

　　（4）other written materials specified by laws and regulations.

　　Article 17 The department in charge of marine administration under the people's government at or above the county level shall, on the basis of the marine function zoning, examine applications for the use of sea areas, and shall, in accordance with the provisions of this Law and the regulations of the people's government of the province, autonomous region, or municipality directly under the Central Government, submit the applications for approval to the people's government invested with the approval authority.

　　When examining applications for the use of sea areas, the department in charge of marine administration shall solicit opinions from the departments concerned at the same level.

　　Article 18 Use of sea areas for the following projects shall be subject to examination and approval by the Sta

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