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)

. Pollutant discharge fees and dumping fees levied in accordance with the provisions of this law must be used for the prevention and control of marine environment pollution and shall not be appropriated for any other purposes. Specific measures shall be formulated by the State Council.

　　Article 12 For those in excess of pollutant discharge standards, or failing to accomplish pollutant discharge reducing tasks within a specified period of time, or resulting in serious marine environment pollution damages, a deadline shall be set for the elimination or control of the pollution within a certain period of time. The setting of a deadline shall be determined in accordance with the jurisdiction prescribed by the State Council.

　　Article 13 The State shall strengthen the research and development of science and technology in the field of prevention and control of marine environment pollution damages and shall put into practice the elimination system of those out-of-date production techniques and out-of-date equipment which cause serious marine environment pollution damages. Enterprises shall give priority in introducing clean energies and adopting clean production technology with higher resources utilization ratio and less pollutant discharges, so as to prevent pollution to the marine environment.

　　Article 14 The competent State administrative department in charge of marine affairs shall, in accordance with State environmental monitoring and supervisory norms and standards, administer the investigation, monitoring and supervision of nation-wide marine environment, work out specific measures of implementation, organize nation-wide marine environment monitoring and supervision network in conjunction with relevant departments, handle assessment of marine environment quality at regular intervals and release sea cruise supervision dispatches. Departments invested by this law with power to conduct marine environment supervision and administration shall be responsible for the monitoring and supervision of the water areas under their respective jurisdiction. Other relevant departments

shall, in accordance with the division of work of nation-wide marine environment monitoring network, be respectively responsible for the mouths of rivers that empty into the sea and main pollutant discharge outlets.

　　Article 15 Relevant departments of the State Council shall provide the competent administrative department in charge of environment protection under the State Council with necessary marine environment monitoring data for the compilation of national environment quality bulletins. The competent administrative department in charge of environrnent protection shall provide relevant departments with data relating to marine environment supervision and administration.

　　Article 16 The competent State administrative department in charge of marine affairs shall, in accordance with environment monitoring and supervision information management system formulated by the State, be responsible for the management of comprehensive marine information system and render services to the supervision and administration of marine environment protection.

　　Article 17 Any unit and individual causing or potentially resulting in marine environment pollution because of accidents or other contingency must immediately adopt effective measures, timely inform those potentially endangered, report to the department invested by this law with power to conduct marine environment supervision and administration and be subject to investigation and handling. Coastal local People's Governments above the County level must, at a time when the offshore environment within their administration endangered by serious pollution, adopt effective measures to eliminate or decrease pollution damage.

　　Article 18 The State shall, in accordance with the necessity to prevent marine environment pollution, draw up State contingency plans to deal with major Marine pollution accidents. The competent State administrative department in charge of marine affairs shall be responsible for drawing up State contingency plans to deal with major oil spill accidents on the sea caused by offshore oil exploration and exploitation and submit the plans to the competent administrative department in charge of environment protection in the State Council for the record. The competent State administrative department in charge of maritime affairs shall be responsible for drawing up the contingency plans to deal with nation-wide major vessel oil spill accidents on the sea and report to the competent administrative department in charge of environment protection under the State Council for the record. All units in the coastal areas where potential marine environment pollution accident may happen shall, in accordance with the State regulations, draw up contingency plans to deal with pollution accidents and submit the plans to the local administrative department in charge of environment protection and marine affairs for the record. The coastal people's governments above county level and their departments shall eliminate or reduce hazards in accordance with the contingence plans in case of major marine pollution incidents.

　　Article 19 Departments invested by this law with power to conduct marine environment supervision and administration in accordance may conduct joint law enforcement operations on the sea. In the cruise course of monitoring, whenever marine pollution accidents or act of violation of the provisions of this law are discovered, they should strive to stop it, conduct on-the-spot investigation and collect evidence, and have the right to adopt effective measures if necessary to prevent the spread of pollution, in the meantime report to relevant competent department to handle the case. Departments invested by this law with power to conduct marine environment supervision and administration have the right to conduct on-the-spot inspections of the units and individuals discharging pollutants within the sphere of their jurisdiction. Those inspected shal

l report the situation accurately and provide necessary data. Inspection departments should keep confidential the technical secrets and business secrets of those inspected.

　　Chapter III Marine Ecological Conservation

　　Article 20 The State Council and local People's Governments at the Provincial level shall adopt effective measures to protect such typical and representative marine ecosystems as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries important fishery waters, etc, sea areas where rare and endangered marine organisms are naturally and densely distributed: marine organisms existence habitats with important economic value and marine natural historic relics and natural landscapes with great scientific and cultural significance. For marine ecosystems with important economic and social values that have been damaged, efforts shall be made to renovate and restore them.

　　Article 21 Relevant departments of the State Council and coastal People's Governments of Provincial level shall, in accordance with the need for marine ecosystem conservation, delimit and establish marine nature reserves. The establishment of national marine nature reserves shall be subject to the State Council for approval.

　　Article 22 In an area that possesses one of the following characteristics, a marine nature reserve may be established: 1. Typical marine physiographic areas, representative natural ecosystem areas, as well as areas within which natural ecosystems have been damaged to some extent, but may be recovered through efforts of protection; 2. The areas with higher marine bio-diversity, or the areas where rare and endangered marine species are naturally and densely distributed; 3. Sea areas, seashores, islands, coastal wetlands, estuaries, bays and the like with special protection values; 4. Areas where marine natural remains of great scientific and cultural values are located, and 5. Other areas which call for special protection.

　　Article 23 Areas with special geographic conditions, ecosystems, living or non-living resources and areas which call for special need in marine development may establish marine special reserves, and special management shall be implemented by adopting effective protection measures and scientific development methods.

　　Article 24 Exploration and exploitation of marine resources shall be rationally distributed in accordance with marine functional zonation scheme and shall not bring about damages to marine ecological environment.

　　Article 25 The introduction of marine biological species shall subject to scientific assessment to avoid damages to marine ecosystems.

　　Article 26 The exploitation of resources of islands and surrounding sea areas shall adopt strict ecological protection measures and shall not bring about damages to island topography, shore and beach, vegetation and ecological environment of the surrounding sea areas of the islands.

　　Article 27 Coastal local People's Governments at various levels shall, in accordance with the characteristics of respective local natural environments, construct shore protection installations, coastal shelter belts, gardens and green land in the coastal cities and towns, and undertake comprehensive treatment over the area with coastal erosion and saline water intrusion. Destruction of shore protection installations, coastal shelter belts and gardens and green land in the coastal cities and towns are forbidden.

　　Article 28 The State shall encourage the development of ecological fisheries, popularize multiform ecological fisheries production methods and improve marine ecological conditions. Environmental impact assessment shall be conducted in the new construct

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/