中华人民共和国海洋环境保护法（1999年修订本） MARINE ENVIRONMENT PROTECTION LAW OF THE PEOPLES REPUBLIC OF CHINA (1999)

(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982 and revised at the 13th Meeting of the Standing Committee of the Ninth National People's Congress on December 25, 1999, promulgated by Order No. 26 of the President of the People's Republic of China on December 25, 1999)
颁布日期：19991225 　实施日期：20000401 　颁布单位：全国人大常委会

　　CONTENTS

　　Chapter I General Provisions

　　Chapter II Supervision and Administration of Marine Environment

　　Chapter III Marine Ecological Protection(Conversion)

　　Chapter IV Prevention and Control of pollution Damage to the Marine Environment by Land-based Pollutants

　　Chapter V Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects

　　Chapter VI Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects

　　Chapter VII Prevention and Control of Pollution Damage to the Marine Environment by Dumping of Wastes

　　Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment by Vessels and Their Related Operations

　　Chapter IX Legal Liabilities

　　Chapter X Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This law is enacted to protect and improve the marine environment, conserve marine resources, prevent pollution damages, maintain ecological balance, safeguard human health and promote sustainable economic and social development.

　　Article 2 This law shall apply to the internal waters, territorial seas and the contiguous zones, exclusive economic zones and continental shelves of the People's Republic of China and all other sea areas under the jurisdiction of the People's Republic of China. All units and individuals engaged in navigation, exploration, exploitation, production, tourism, scientific research and other operations in the sea areas under the jurisdiction of the People's Republic of China, or engaged in operations in the coastal areas which have impact on the marine environment shall comply with this law. This law shall also apply to areas beyond the sea areas under the jurisdiction of the People's Republic of China that cause pollution to the sea areas under the jurisdiction of the People's Republic of China.

　　Article 3 The State shall establish and put into practice the system to control the total pollution load for sea disposal in key sea areas, determine the standards to control the total load of key pollutants for sea disposal and control the pollution load for sea disposal assigned for key pollution sources. Specific measures for the implementation shall be formulated by the State Council.

　　Article 4 All units and individuals shall have the obligation to protect the marine environment and have the right to watch for and report on actions causing pollution damages to the marine environment by any unit and individual, as well as on the act of transgression of the law and neglect of duty by marine environment supervision and administration personnel.

　　Article 5 The competent administrative department in charge of environment protection under the State Council, as a department to exercise unified supervision and administration over nation-wide marine environment protection work, shall render guidance, co-ordination and supervision and be responsible for nation-wide environment protection work to prevent and control marine pollution damages caused by land-based pollutants and coastal construction projects. The competent State Oceanic administrative department in charge of marine affairs shall be responsible for the supervision and administration of the marine environment, organize survey, surveillance. supervision, assessment and scientific research of the marine environment and be responsible for nation-wide environment protection work to prevent and control ma

rine pollution damages caused by marine construction projects and dumping of wastes in the sea. The competent State administrative department in charge of maritime affairs shall be responsible for the supervision and administration of marine environment pollution caused by non-military vessels inside the port waters and non-fishery vessels and non-military vessels outside the port waters under their jurisdiction, and be responsible for the investigation and handling of the pollution accidents. In the event of a pollution caused by a foreign vessel navigating, berthing and anchoring and operating in the sea area under the jurisdiction of the People's Republic of China, officers in charge shall board the vessel in question to examine and handle the case. Should a pollution accident caused by vessels result in fishery damages, the competent administrative department in charge of fisheries shall be invited to take part in the investigation and handling of the accident. The competent State administrative department in charge of fisheries shall be responsible for the supervision and administration of marine environment pollution used by non-military vessels inside the fishing port waters and the fishing vessels outside the fishing port waters, and be responsible for the protection of ecological environment in the fishing zones and examine and handle fishery pollution cases beyond the pollution accidents mentioned in the previous clause. The environmental protection department of the Armed Forces shall be responsible for the supervision and administration of marine pollution caused by military vessels and for the investigation and handling of the pollution cases. The functions and responsibilities of the departments invested by the law with power to conduct marine environment supervision and administration of the coastal local People's Governments above the county level shall be determined by the People's Governments of the Provinces, Autonomous Regions and Municipalities directly under the Central Government in accordance with this law and relevant regulations of the State Council.

　　Chapter II Supervision and Administration of the Marine Environment

　　Article 6 The competent State administrative department in charge of marine affairs, in conjunction with relevant departments of the State Council and the People's Governments of the provinces, Autonomous Regions and Municipalities directly under the Central Government in the coastal areas, shall work out national marine functional zonation scheme and submit to the State Council for approval. The coastal local People's Governments shall, in accordance with the national and local marine functional zonation scheme, make good use of the sea areas in a scientific and rational way.

　　Article 7 The State shall draw up, in accordance with the marine functional zonation scheme, national marine environment protection plan and regional marine environment protection plans in key sea areas. Relevant People's Governments of the Provinces, Autonomous Regions and Municipalities directly under the Central Government in the coastal areas adjacent to key sea areas and the departments invested by the law with power to conduct marine environment supervision and administration may set up regional co-operation organization in marine environment protection, responsible for the implementation of regional marine environment protection plans in key sea areas, prevention and control of marine environment pollution and marine ecological conservation work.

　　Article 8 Trans-regional marine environment protection work shall be implemented through consultation by relevant coastal local People's Governments or to be implemented through consultation by the People's governments at the upper level. Major trans-department marine environment protection work shall be co-ordinated by the competent administrative department in charge of environment protection under the State Council. Those un

able to be settled through co-ordination shall be subject to the State Council for decision.

　　Article 9 The State shall work out national marine environment quality standards in accordance with the state of affairs of the marine environment quality and the conditions of economic and technological levels. The People's Governments of coastal Provinces, Autonomous Regions and Municipalities directly under the Central Government may work out local marine environment quality standards for items not specified in the national marine environment quality standards. The coastal local People's Governments at various levels shall, in accordance with the stipulations laid down in the national and local marine environment quality standards and state of coastal sea area environment quality of their respective administrative areas, work out targets and tasks in the field of marine environment protection, channel? into the work plan of the People's Governments and exercise administration in accordance with corresponding marine environment quality standards.

　　Article 10 National and local marine environment quality standards shall be one of the important foundations in working out national and local water pollutant discharge standards. In the key sea areas where the State has established and put into practice the system to control the total pollution load for sea disposal, the determination of water pollutant discharge standards shall also take the control standards of the standards to control the total load of key pollutants for sea disposal as an important basis.

　　Article 11 All units and individuals practicing direct discharge of pollutants into the sea shall, in accordance with the State regulations, pay pollutant discharge fees. Those dumping wastes in the sea shall, in accordance with the State regulations, pay dumping fees

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