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)

ion, reconstruction and extension of mariculture. Mariculture. shall determine breeding density in a scientific way, rationally feeding and apply manure and accurately use medicines, so as to prevent pollution to the marine en

vironment.

　　Chapter IV Prevention and Control of pollution Damage to the Marine Environrnent by Land-Based Pollutants

　　Article 29 The discharge of land-based pollutants into the sea shall strictly be conducted in compliance with the standards and relevant stipulations laid down by the State and Localities.

　　Article 30 The sewage sea disposal project shall be determined in accordance with marine functional zonation scheme, marine dynamic conditions and relevant regulations, and shall, after scientific assessment, report to the competent administrative departments in charge of environment protection under the People's Governments above the level of the City where the siting is made for examination and approval. The competent administrative departments in charge of environrnent protection must, in approving the setting up of pollutant discharging outlets into the sea, seek the opinions of the competent administrative departments in charge of maritime affairs and fisheries as well as environment protection department of the Armed Forces. No additional pollutant discharging outlets shall be allowed within marine nature reserves, important fishery waters, coastal historic sites and scenic spots, and areas which call for special protection. In areas with conditions, pollution discharging outlets shall be built in the deep sea to practise offshore discharging. In the areas where natural conditions permit, the sea disposal outlet should sited in deep waters offshore. The installation of land-based pollutant disposal outlets in deep waters offshore shall be determined in accordance with marine functional zonation scheme, marine dynamic conditions and seabed conditions for engineering facilities. Specific measures shall be formulated by the State Council.

　　Article 31 The competent administrative departments in charge of environment protection and the competent administrative departments in charge of water under the People's Governments of the Provinces, Autonomous Regions and Municipalities directly under the Central Government shall, in accordance with relevant laws on the prevention and control of water pollution, strengthen their control over rivers that empty into the sea to prevent them from being polluted and ensure good water quality in the estuaries.

　　Article 32 Units discharging land-based pollutants shall report to the competent administrative department in charge of environment protection land-based pollutant discharging facilities and treatment facilities under their possession, the kinds, quantities and density of the discharged land-based pollutants under normal operation conditions, and shall provide relevant techniques and data related to the prevention and control of marine environment pollution. In case of any major changes in the kinds, quantities and density of the discharged land-based pollutants, timely report shall be made. Prior agreement of the competent administrative department in charge of environment protection must be obtained in dismantling or laying idle land-based pollutant treatment installations.

　　Article 33 It is prohibited to discharge oils, acid liquids, alkaline liquids, hypertoxic waste liquids and waste water containing with high and medium radioactivity into the sea. The discharge of waste water containing with low radioactivity into the sea shall be strictly controlled; in case of a necessity to discharge, it shall be conducted in strict compliance with the State regulations concerning radiation prevention. The discharge of waste water containing persistent organic matters and waste water containing heavy metals shall be strictly controlled.

　　Article 34 No medical sewage carrying pathogens, domestic sewage and industrial waste water may be discharged into sea areas before properly treated in keeping with relevant discharge standards of the State.

　　Article 35 The discharge of industrial waste water and domestic sewage contain

ing organic and nutrient matters into bays, semi-closed seas and other sea areas with low capacities of self-purification shall be strictly controlled.

　　Article 36 In discharging thermal waste water into sea areas, effective measures shall be taken to ensure that the water temperature in the adjacent fishing areas is kept within marine environment standards of the State in order to avoid damage to fishery resources by thermal pollution.

　　Article 37 The use of chemical pesticides in coastal farmlands and forest farms shall conform to the State provisions and standards governing the use of pesticides. Coastal farmlands and forest farms shall use chemical fertilizer and plant growth regulators in a rational way.

　　Article 38 The abandoning, piling up and disposal of mining tailing, waste ores, cinders, garbage and other solid wastes along shore and beach shall be conducted in accordance with relevant provisions of the "Law of the People's Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Wastes.

　　Article 39 It is prohibited to transport dangerous wastes through the passage of internal waters and territorial seas of the People's Republic of China. Prior written agreement shall be obtained from the competent administrative department in charge of environment protection under the State Council for the transportation of dangerous wastes through the passage of other sea areas under the jurisdiction of the People's Republic of China.

　　Article 40 People's Governments of coastal Cities shall construct and build urban sewage treatment plants or other facilitates for concentrated sewage treatment in a planned way city sewage treatment plants or other sewage concentrated treatment facilities in a planned way and strengthen comprehensive control and management of urban sewage. Construction of marine sewage treatment engineering facilities shall be conducted in compliance with relevant regulations of the State.

　　Article 41 The State shall adopt necessary measures to prevent, reduce and control marine environment pollution damage from or through the atmosphere.

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

　　Article 42 New coastal construction projects, extensions or reconstruction projects must be conducted in compliance with relevant State regulations governing environment protection in construction projects and shall channel the capital needed for the prevention and control of pollution into construction project investment plan. Within marine nature reserves, coastal historic sites and scenic spots, important fishery waters and other areas which call for special protection that are delimited according to relevant laws, undertaking of coastal construction projects or any other operations that may cause pollution to environment and damage to landscape shall be forbidden.

　　Article 43 Units in charge of coastal construction projects must, at the project feasibility study period, conduct scientific surveys of the marine environment, select suitable sites in the light of natural and social conditions and formulate and submit environmental impact assessment. The environmental impact assessment shall, after deliberation by the competent administrative department in charge of marine affairs, be subject to the examination and approval by the competent administrative department in charge of environment protection. The competent administrative department in charge of environment protection must, before approval of the environmental impact assessment, seek the opinions of the competent administrative departments in charge of maritime affairs and fisheries as well as the environment protection department of the Armed Forces.

　　Article 44 Environment protection installations of the coastal construction projects shall be designed, built and commissioned together with

the principle part of the construction project. No permission shall be given to the construction projects to be put into test (trial) operation until the environment protection installations are examined and approved by the competent administrative department in charge of environment protection; and no permission shall be given to the construction projects to be commissioned or used until the environment protection installations are checked and accepted by the competent administrative department in charge of environment protection or considered to be up to standards after having been checked and accepted.

　　Article 45 It is prohibited to construct new industrial projects that do not possess effective pollution treatment measures in the coastal land areas, such as chemical pulp and paper mill, chemical plant, printing and dyeing mill, tannery, electroplating mill, brewery, oil refinery, beach ship-dismembering as well as other projects which cause serious marine environment pollution.

　　Article 46 In building coastal construction projects, effective measures must be taken to protect wild animals and plants and their living environment as well as marine fishery, resources under State and local particular protection. It is strictly prohibited to mine sand and gravel along the shore In conducting open air the mining of placer and well drilling on the coast to exploit seabed mineral resources, effective measures must be taken to prevent pollution to the marine environment.

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

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