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

sea;

　　Article 36 In accordance with the regulations of the department of finance and the department in charge of marine administration under the State Council, the fees for the use of the sea areas for the following purposes may be reduced or exempted upon examination and approval by the department of finance and the department in charge of marine administra

tion under the people's government that has the approval authority：

　　（1）public utilities;

　　（2）major national construction projects; and

　　（3）aquaculture.

　　Chapter VI

　　Supervision and Inspection

　　Article 37 The department in charge of marine administration under the people's government at or above the county level shall strengthen supervision over and inspection of the use of sea areas.

　　The department of finance under the people's government at or above the county level shall strengthen supervision over and inspection of the collection of the fees for the use of sea areas.

　　Article 38 The department in charge of marine administration shall build a stronger contingent by raising the political and professional level of the supervisors and inspectors in the administration of the use of sea areas. The said supervisors and inspectors shall enforce laws impartially, be devoted to their duties, honest and upright, provide services with civility and subject themselves to supervision in accordance with law.

　　No department in charge of marine administration or its staff members may participate or engage in production and operation activities related to the use of sea areas.

　　Article 39 When performing its duties of supervision and inspection, the department in charge of marine administration under the people's government at or above the county level shall have the right to take the following measures：

　　（1）requesting the entities or individuals under inspection to provide the documents and information relating to the use of sea areas;

　　（2）requesting the entities or individuals under inspection to give explanations on the issues relating to the use of sea areas;

　　（3）entering the sea areas occupied by the entities or individuals under inspection for on-the -spot survey;

　　（4）instructing the party concerned to discontinue the illegal act that is being conducted.

　　Article 40 When performing their duties of supervision and inspection, supervisors and inspectors shall show their effective papers for law enforcement.

　　The entities and individuals concerned shall cooperate with the department in charge of marine administration when the latter conducts supervision and inspection, and none of them may prevent supervisors and inspectors from performing their duties accordance with law, or impede their doing so.

　　Article 41 When enforcing laws at sea, the departments concerned that exercise the power of marine supervision and administration in accordance with the provisions of laws shall closely cooperate with and support each other in and jointly safeguard the State ownership of the sea areas and the legitimate rights and interests of the owner of the right to the use of sea areas.

　　Chapter VII

　　Legal Liabilities

　　Article 42 Entities or individuals that, without approval or with approval obtained through deception, illegally occupy sea areas shall be instructed to return the illegally occupied sea areas and restore them to their original state, illegal gains shall be confiscated, and they shall also be fined not less than 5 times but not more than 15 times the fees payable for the sea areas during the period of their illegal occupation. Entities or individuals that, without approval or with approval obtained through deception, enclose or fill sea areas shall, in addition, be fined not less than 10 times but not more than 20 times the fees payable for the sea areas during the period of their illegal occupation.

　　Article 43 Where entities that have no approval authority illegally approve the use of sea areas, or entities that have such authority but gives approval beyond their limits of authority or at variance with the marine function zoning, the approval documents are invalid and the sea areas illegally used shall be recovered. The persons directly in charge who il

legally approve the use of the sea areas and the other person directly responsible shall be given administration sanctions in accordance with law.

　　Article 44 Where any entity or individual, in violation of the provision of Article 23 of this Law, interferes with or obstructs the lawful use of sea areas by the owner of the right to use of such areas, the owner of the right may appeal to the department in charge of marine administration for removal of the interference or obstruction, he may also take legal proceedings in a People's Court in accordance with law. If losses are caused, the owner may ask for compensation according to law.

　　Article 45 Anyone who, in violation of the provisions of Article 26 of this Law, continues to use the sea area without going through the relevant formalities at the expiration of the period for the right to the use of the sea area shall be instructed to go through the formalities within a time limit and may also be fined not more than RMB 10,000 yuan. If he refuses to go through the formalities, he shall be deemed to be a person who illegally occupies a sea area and be punished as such.

　　Article 46 Anyone who, in violation of the provisions of Article 28 of this Law and without authorization, changes the purposes of use of the sea areas shall be instructed to rectify within a time limit, his illegal gains shall be confiscated, and he shall also be fined not less than 5 times but not more than 15 times the fees payable for the sea areas during the period in which the purposes of use of the sea areas is illegally changed. If he refuses to rectify, the people's government that issues the certificate of the right to the use of sea areas shall revoke the certificate and the right to the use of sea areas.

　　Article 47 Where the provisions of the second paragraph of Article 29 of this Law are violated, the right to the use of sea areas shall be terminated, and if the original owner of the right fails to dismantle the facilities and structures for the use of sea areas in accordance with regulations, he shall be instructed to do so within a time limit. If he refuses to do so at the expiration of the time limit, he shall be fined not more than 50,000 yuan and the department in charge of marine administration under the people's government at or above the county level shall entrust a relevant unit to do the dismantling, and the owner shall bear the expenses arising therefrom.

　　Article 48 Where the owner of the right to the use of sea areas who should pay the fees for such use on an annual basis fails to do so on schedule in violation of the provisions of this Law, he shall be instructed to pay the fees within a time limit; if he still refuses to pay the fees within the time limit, the people's government that issues the certificate of the right to the use of sea areas shall revoke the certificate and the right to the use of sea area.

　　Article 49 Any entity or individual that, in violation of the provisions of this Law, refuses to accept supervision and inspection by the department in charge of marine administration, to give a truthful report or provide relevant information shall be instructed to rectify and be given a disciplinary warning, and may also be fined not more than 20,000 yuan.

　　Article 50 The administration sanctions provided for by this Law shall be determined by the department in charge of marine administration under the people's government at or above the county level within the limits of its power, except where there are already provisions in this Law that specify the penalizing authority.

　　Article 51 Where the department in charge of marine administration under the State Council or under the people's government at or above the county level issues the certificate of the right to the use of sea areas in violation of the provisions of this Law, or fails to conduct supervision after issuance of the certificate, or fails to inv

estigate and deal with the illegal activities it discovers, the persons directly in charge and the other persons directly responsible shall be given administration sanctions in accordance with law. The persons who engage in malpractice for personal gain, abuse their powers or neglect their duties, which constitutes a crime, shall be investigated for criminal liabilities in accordance with law.

　　Chapter VIII

　　Supplementary Provisions

　　Article 52 For use of a special sea area within the inland waters or territorial sea of the People's Republic of China for less than three months, and for use of sea areas for exclusive activities, which may have a major impact on the security of national defense, maritime traffic safety or other uses of the sea areas, formalities shall be completed for the issuance of a provisional certificate for the use of sea areas through application of the relevant provisions of this Law mutatis mutandis.

　　Article 53 The administration measures for military use of the sea areas shall be formulated by the State Council and the Central Military Commission on the basis of this Law.

　　Article 54 This Law shall go into effect as of January 1,2002

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