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

te Council：

　　（1）a project that involves filling of more than 50 ha. of a sea area;

　　（2）a project that involves enclosure of more than 100 ha. of a sea area;

　　（3）a project that involves the use of more than 700 ha. of a sea area without altering the natural attributes of the area;

　　（4）major national construction projects; and

　　（5）other projects specified by the State Council.

　　The authority for examination and approval of the use of sea areas for projects other than the ones specified in the preceding paragraph shall, with the authorization of the State Council, be defined by the people's government of provinces, autonomous regions and municipalities directly under the Central Government.

　　Chapter IV

　　Right to the Use of Sea Areas

　　Article 19 Where the use of a sea area is approved by the State Council after the application for its use is approved in accordance with law, it shall be registered with the department in charge of marine administration under the State Council, which shall issue to the applicant the certificate of the right to the use of sea areas; where the use of a sea area is approved by a local people's government, it shall be registered with the said government, which shall issue to the applicant the certificate of the right to the use of sea areas. The applicant shall, beginning from the date he receives the certificate, obtain the right to the use of the sea area.

　　Article 20 Apart from the manners in which to obtain the right to the use of sea areas in accordance with the provisions of Article 19 of this Law, such right may also be obtained through bidding or auction. The plan for bidding or auction shall be formulated by the department in charge of marine administration and submitted to the people's government invested with the examination and approval authority for approval before it is implemented. When formulating the plan for bidding or auction, the department in charge of marine administration shall solicit opinions from the departments concerned at the same level.

　　Once the bidding or auction is completed, the certificate of the right to the use of s

ea areas shall be issued to the winning bidder or the vendee. The winning bidder or the vendee shall, beginning from the date he receives the certificate, obtain the right to the use of the sea area.

　　Article 21 Issuance of the certificate of the right to the use of sea areas shall be made known to the public.

　　For issuance of the certificate of the right to the use of sea areas, no fees other than the ones for the use of sea areas may be collected in accordance with law.

　　Measures for issuance and administration of the certificate of the right to he use of sea areas shall be formulated by the State Council.

　　Article 22 Where, prior to implementation of this Law, sea areas are already used for aquaculture under the operation and administration of rural collective economic organizations or villagers committees, if it conforms to marine function zoning, the right to the use of such sea areas may, upon examination and approval by the local people's government at the county level, be granted to the rural collective economic organizations or villagers committees. Members of the collective economic organizations may contract to use such areas for aquaculture.

　　Article 23 The right of the owners of the right to the use of sea areas to utilize the areas and to get profits in accordance with law shall be protected by law; no entity or individual may infringe upon their right.

　　Owners of the right to the use of sea areas are obligated to protect and rationally utilize the sea areas in accordance with law, They may not impede the non-exclusive use of sea areas that does not interfere with their use of the sea areas in accordance with law.

　　Article 24 During the period when they use the sea areas, no owners of the right to use of sea areas may, without approval according to law, engage in marine basic mapping.

　　When owners of the right to the use of sea areas find that a major change has occurred in the natural resources and conditions of the areas they are using, they shall, without delay, report the matter to the departments in charge of marine administration.

　　Article 25 The maximum period for the right to the use of sea areas shall, on the basis of the purposes of their use, be determined as follows：

　　（1）15 years for aquaculture;

　　（2）20 years for ship dismantling;

　　（3）25 years for tourism and recreation;

　　（4）30 years for the salt and mining industries;

　　（5）40 years for public welfare undertakings; and

　　（6）50 years for construction of ports, shipyards and other projects.

　　Article 26 Where at the expiration of the period for the right to the use of the sea areas, the owner of the right needs to continue to use the area, he shall, no later than two months prior to the expiration date, apply for extension to the people's government that originally gives approval. Except where it is necessary to revoke the right for the benefit of public interests or State security, the people's government that originally gives approval to the use of the sea area shall approve the application for extension. The owner of the right who obtains approval for extension shall, in accordance with law, pay fees for the use of the sea area for the extended period.

　　Article 27 Where the owner of the right to the use of a sea area is altered owing to mergence into or separation from another enterprise or because of running joint ventures or cooperative businesses with others, the matter shall be subject to approval by the people's government that originally gives approval to the use of sea area.

　　The right to the use of sea areas may be transferred in accordance with law. Specific measures in this regard shall be formulated by the State Council.

　　The right to the use of sea areas may be inherited in accordance with law.

　　Article 28 No owners of the right to the use of sea areas may, without

authorization, change the approved purposes of use of the sea areas. Where it is really necessary to change the purposes, the matter shall, under the prerequisite that the change accords with the marine function zoning, be submitted for approval to the people's government that originally gives the approval to the use of the sea areas.

　　Article 29 Where at the expiration of the period for the right to the use of sea areas, the owner fails to apply for its extension or the application for extension is not granted, such right shall be terminated.

　　After the termination of the right to the use of sea areas, the former owner of the right shall dismantle the facilities and structures that may cause pollution to the marine environment or impede the use of the areas for other projects.

　　Article 30 To meet the need of public interests or State security, the people's government that orginally gives approval to the use of certain sea areas may, in accordance with law, revoke the right to the use of those areas.

　　Where in accordance with the provisions of the preceding paragraph, the right to the use of sea areas is revoked before the expiration of the period for their use, the owner of the right shall be compensated appropriately.

　　Article 31 Where a dispute arises over the right to the use of a sea area and the parties fail to settle it through consultation, it shall be mediated by the department in charge of marine administration under the people's government at or above the county level. The parties may also directly take legal proceedings in a People's Council.

　　Prior to the settlement of dispute, none of the parties may change the status quo in respect of the use of the sea areas.

　　Article 32 The land brought into existence after completion of a sea-filling project shall be owned by the State.

　　The owner of the right to the use of a sea area shall, within three months from the date the sea-filling project is completed and by presenting the certificate of the right to the use of sea areas, apply to the department in charge of land administration under the people's government at or above the county level for land registration. The said people's government shall register it and issue to the owner in return the certificate of the right to the use of land so as to confirm such right.

　　Chapter V

　　Fees for the Use of Sea Areas

　　Article 33 The State applies a system of compensation for the use of sea areas.

　　For the use of sea areas, all entities and individuals shall pay fees in accordance with the regulations of the State Council. The fees collected shall be turned over to the Treasury in accordance with the regulations of the State Council.

　　Specific implementation ways and measures for collecting fees from the fishermen who use the sea areas for aquaculture shall be formulated separately by the State Council.

　　Article 34 In light of the different nature and circumstances in which the sea areas are used, the fees may in accordance with regulations, be paid in a lump sum or on an annual basis.

　　Article 35 Where the sea areas are used for the following purposes, the fees for their use shall be exempted：

　　（1）for military purposes;

　　（2）reserved docks for official ships;

　　（3）non-profit transportation infrastructures such as navigation channel and anchorage; and

　　（4）non-profit, public welfare undertakings such as teaching, scientific research, disaster prevention and mitigation, and search, rescue and salvage at

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