深圳经济特区防止海域污染条例 Regulations on Prevention and Control of Pollution of the Sea Areas of the Shenzhen S

(Adopted at the Thirty-sixth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on November 22, 1999 and promulgated by Public Notice No. 97 of the Standing Committee of the Shenzhen Municipal People’s Congress on November 22, 1999.)
颁布日期：19991122 　实施日期：20000301 　颁布单位：深圳市人大常委会

　　Chapter I General Provisions

　　Article 1 In order to prevent and control the pollution of sea areas, protect the environment and resources of sea areas, and promote economic development, these regulations are formulated hereby in accordance with The Marine Environmental Protection Law of the People’s Republic of China as well as in the light of the practical conditions of the Shenzhen Special Economic Zone.

　　Article 2 Any ships and owners of the ships sailing, anchoring and operating in the Shenzhen sea areas and any units and individuals doing production and business along the coast of the Shenzhen sea areas shall abide by these regulations.

　　Article 3 The prevention and control of the sea areas’ pollution shall follow the principle to give priority to prevention, combine prevention with control, and hold anyone causing pollution liable.

　　Article 4 The Shenzhen Municipal People’s Government’s (hereinafter referred to as “the Municipal Government”) responsible administrative department of environmental protection and all the districts’ people’s governments’ responsible administrative departments of environmental protection (hereinafter referred to as “the municipal and district departments of environmental protection”) shall be in charge of the environmental monitoring of the sea areas and supervising of prevention and control of the land-sourced pollutants　and coastal projects from polluting the sea areas.

　　The responsible administrative department of maritime affairs (hereinafter referred to as “the maritime department”) shall be in charge of surveillance of the sea areas and supervision of preventing and controlling ships and their related operations from polluting the sea areas.

　　The Municipal Government’s administrative department of marine management (hereinafter referred to as “the marine management department”) shall cooperate with the municipal department of environmental protection in the environmental monitoring of the Shenzhen sea areas, participate in settling of serious accidents of pollution in the sea areas.

　　The Shenzhen administrative agency in charge of fishery and fishing harbors shall be responsible for supervision of sewage disposal in fishing harbors and ships as well as for surveillance of the sea areas of fishing harbor regions.

　　The Shenzhen sub-center for maritime search and salvage (hereinafter referred to as “the salvage center”) shall be responsible for unified organization, command of control and cleaning for pollution accidents in the sea areas.

　　Article 5 When making economic and technological policies for the development of marine and coastal resources, development plans and major development projects, the Municipal Government and the related departments shall evaluate the possible environmental effects and also propose the policies and measures to prevent and control pollution and to protect the ecological environment.

　　Article 6 The municipal department of environmental protection shall work out environmental functional divisions of the sea areas, report to the Municipal Government and proceed to implementation after approval.

　　Chapter II Prevention and Control of Ship Pollution

　　Article 7 Captains shall be responsible for prevention and control of pollution of their own ships.

　　Article 8 Ships shall have valid certificates or documents of pollution preventing in accordance with international conventions and the laws and rules of the state. Ships operating with oil or poisonous and harmful liquid in bulk, disposing of consumer sewage,

recycling ship waste shall be on record in accordance with the related rules.

　　Article 9 The ship waste shall be put in containers or garbage bags, the poisonous and harmful waste or other dangerous articles shall be placed separately.

　　Article 10 The facilities of a ship for pollution preventing shall be operated, maintained and repaired by persons specially assigned to such work in order to ensure the regular usability of the facilities.

　　Article 11 It shall be forbidden for ships to discharge pollutants to the sea areas. If a ship has pollutants which need to be disposed of, a receiving unit approved by the maritime department shall be entrusted with accepting the pollutants, and the information of names, properties and amounts of the pollutants shall be provided for the receiving unit. If the receiving unit has to transfer and dispose of the ship pollutants in the city, it shall have approval from the municipal department of environmental protection at the same time.

　　The receiving unit shall gather the accepted ship pollutants together and transfer them to the place designated by the municipal department of environmental protection.

　　The receiving unit shall report such acceptance to the maritime department every month.

　　Article 12 If a ship coming from an epidemic-stricken port has to dispose of garbage, consumer sewage and ballasting water, it shall apply to the inspection and quarantine agency at port of entry for sanitizing treatment. Only after the sanitizing treatment may a receiving unit be entrusted with accepting the waste; if the waste has not gone through the sanitizing treatment, the receiving unit shall not accept such delegation.

　　Article 13 Any unit engaged in ship refueling shall obtain an operation permit approved and issued by the maritime department in accordance with the related rules of the state, and also report to the maritime department about the names of ships, the time and sites of operation, and the quality of fuel, etc. before refueling has been in operation.

　　Article 14 When a ship is loading or unloading at a dock or transshipping cargo at an anchorage, the ship and operator of the dock shall abide by the operation rules, assign a special person to supervise on the spot, and take effective measures to prevent pollution in the sea areas.

　　Article 15 It shall be forbidden for a ship with cargo in bulk to wash its polluted decks within a harbor.

　　Article 16 The maritime department shall have the waste water discharging facilities of the following ships sealed by lead:

　　(1)ships specialized in operations within a harbor;

　　(2)ships with the facilities of pollution preventing which cannot operate normally;

　　(3)ships which has anchored in a harbor area more than 30 days.

　　Without approval from the maritime department, any units and individuals may

　　not remove the lead sealing themselves.

　　Article 17 It shall be forbidden for the following ships to load and unload:

　　(1)ships loaded with more than 2,000 tons of cargo oil in bulk and having no insurance for civil damage liability of oil contamination or other letters of financial guarantee;

　　(2)ships causing more than two (including two) “serious or major” accidents of pollution within one year.

　　Article 18 Any units engaged in ship repair and maintenance shall be provided with equipments and materials for preventing pollution. When ships are under repair and maintenance, effective measures shall be taken to prevent the pollution of the sea areas.

　　Article 19 Before salvaging a sunken ship, the owner of the ship or operator shall provide the related information of the ship and the loaded pollutants for a salvage unit; the salvage unit shall make a plan to prevent pollution before operation and report it to the maritime department for examination and approval.

　　When

salvaging a sunken ship, the salvage unit shall keep watch on the spot, and also control the damage of pollution according to the plan to prevent pollution and clean away pollutants promptly.

　　Chapter III Prevention and Control of Pollution Caused by Pollutants

　　Originating in Land and Coastal Projects

　　Article 20 If coastal projects of new construction, reconstruction, extended construction affect the environment, evaluation reports about environmental effects shall be worked out, submitted to the department of environmental protection for approval, and the rules concerning environmental management for construction projects shall be strictly followed.

　　Article 21 Sea-filling projects shall be under strict control. If a project of sea-filling is indeed necessary, in addition to complying with the procedure for examination and approval of environmental effects according to Article 20 of these regulations, it shall do enclosing in the first place and then fill in the sea, and also use the specified filling materials, in order to prevent damages to the marine environment.

　　Article 22 Any construction, reconstruction, extended construction of a dock shall build facilities as accessories to receive ship pollutants, the receiving facilities shall be checked and accepted at the same time when the principal part of the construction is done with this procedure, and put into use only after approval from the department of environmental protection and the maritime department in the overall check and acceptance.

　　Article 23 It shall be forbidden to open new sites for waste discharging in the first class environmental functional divisions of the sea areas such as maritime conservation areas, conservation areas for rare and endangered marine organism, etc. and their

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