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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)

2009-03-24 法律英语 来源:互联网 作者:
  Article 47 Marine construction projects must conform with marine functional zonation scheme, marine environment protection plan and relevant State environment protection standards. At the project feasibility study period, marine environmental impact assessment statements shall be formulated and submitted to the competent administrative department in charge of marine affairs for examination and approval; in the meantime, report to the competent administrative department in charge of environment protection for the record and accept the supervision of the competent administrative department in charge of environment protection. The competent administrative department in charge of marine affairs must, before the examination and approval of the marine environmental impact assessment statements, 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 48 Environment protection installations of marine construction projects shall be designed, built and commissioned together with the principle part of the construction projects. No permission shall be given to the construction projects to be put into 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 and 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. Prior agreement must be obtained from the competent administrative department in charge of environment protection to dismantle or lay idle the environment protection installations.

  Article 49 The building of marine construction projects must not use materials containing radioactivity in excess of standards or materials containing toxic and harmful substance easy to dissolve in the water.

  Article 50 In case construction of marine construction projects involves explosive operations, effective measures must be taken to protect marine resources. In the course of offshore oil exploration and exploitation a

s well as transportation of oil, effective measures must be taken to avoid occurrence of oil spill.

  Article 51 Oily waste water and oil mixtures from offshore oil drilling vessels and platforms for oil drilling and extraction may be discharged into the sea only after proper treatment and up to discharge standards. Residual and waste oil shall be recovered and must not be discharged into the sea. When they are discharged after treatment, the oil content of the discharged may not exceed the standards laid down by the State. Oil-based mud and toxic compound mud used in drilling must not be disposed in the sea. The disposal in the sea of water-based mud, other non-toxic compound mud and drilling breaks must conform with relevant provisions of the State.

  Article 52 Offshore oil rigs, drilling platforms, oil extraction platforms and other relevant installations on the sea shall not dispose oil-containing industrial garbage in the sea. The disposal of other industrial garbage must not cause pollution to the marine environment.

  Article 53 In the event of offshore well testing, the oil and gas shall be thoroughly burned. Oil and oil mixtures must not be discharged into the sea.

  Article 54 Those engaged in the exploration and exploitation of offshore oil must formulate contingency plans to control oil spill and submit them to the competent State administrative department in charge of marine affairs for examination and approval.

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

  Article 55 No unit is permitted, without approval of the competent State administrative department in charge of marine affairs, to dump any wastes into the sea areas under the jurisdiction o. the People's Republic of China. Units that need to dump wastes in the sea must submit a written application to the competent State administrative department in charge of marine affairs for its examination and approval and shall not proceed the dumping before a permit is granted by the said department. Wastes from outside the boundaries of the People's Republic of China are prohibited to dump into the sea areas under the jurisdiction of the People's Republic of China.

  Article 56 The competent State administrative department in charge of marine affairs shall, in accordance with the toxicity of the wastes, the content of poisonous substances and the degree of impact to marine environment, work out assessing procedures and standards regarding dumping of wastes into the sea. Dumping of wastes into the sea shall practise classified management in accordance with the categories and quantities of the wastes. The competent State administrative department in charge of marine affairs shall work out the list of wastes allowed to be dumped into the sea and the competent administrative department in charge of environment protection under the State Council shall put forward opinions of deliberation, then submit to the State Council for approval.

  Article 57 The competent State administrative department in charge of marine affairs shall, in accordance with scientific, rational, economic and safety principles, select and dumping sites in the sea and the competent administrative department in charge of environment protection under the State Council shall put forward opinions of deliberation, then submit to the State Council for approval. Temporary dumping sites in the sea should be approved by the competent State administrative department in charge of marine affairs and should be reported to the competent administrative department in charge of environment protection under the State Council for the record. The competent State administrative department in charge of marine affairs must, in selection of dumping sites in the sea and before approving temporary dumping sites in the sea, seek the opinions of the competent State administrative departments in charge of mariti

me affairs and fisheries.

  Article 58 The competent State administrative department in charge of marine affairs shall exercise supervision and management over the use of dumping sites and organize environmental monitoring of the dumping sites. When a dumping sites is no, longer suitable to be used, the competent state administrative department in charge of marine affairs shall close it down upon confirmation, stop all dumping activities in the dumping sites and report to the State Council for the record.

  Article 59 Units permitted by grant to dump wastes must act in accordance with the time limit and conditions set down in the permit and carry out dumping in the designated area. After the wastes have been loaded for shipment, the approval department shall check for verification.

  Article 60 Units permitted by grant to dump wastes shall record down the details of dumping and submit a written report to the approval department after dumping. The vessels loading wastes for the dumping must report to the competent administrative department in charge of maritime affairs of the departure port.

  Article 61 Sea incineration of waste is forbidden. Disposal of wastes with radioactivity and other radioactive substances on the sea is forbidden. Exempt level of radioactive substances at the wastes shall be determined by the State Council.

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

  Article 62 No vessels and their related operations shall, in the sea areas under the jurisdiction of the People's Republic of China, discharge pollutants, wastes, ballast water, vessel garbage and other harmful substances into the sea in violation of the provisions of this law. Those engaged in the business of collection of the pollutants. Wastes and garbage from vessels and the operation of vessel cabin cleaning and washing must possess corresponding capabilities of pollutant collection and treatment.

  Article 63 Vessels must, in accordance with relevant regulations, possess certificates and documents for the prevention of pollution to marine environment and make factual records in conducting pollutant discharging and other operations.

  Article 64 Vessels must be equipped with corresponding pollution prevention facilities and equipment. For vessels loaded with cargoes containing pollution damages, the structures and equipment of which shall be able to prevent or reduce pollution to the marine environment by the loaded cargoes.

  Article 65 Vessels shall comply with the stipulations of the marine traffic laws and regulations and prevent marine environment pollution from incidents resulting from collision, running on rocks, stranding, fire or explosion and the like.

  Article 66 The State shall make perfect and put into practice responsibility system of civil liability compensation for vessel-induced oil pollution, and shall establish vessel-induced oil pollution insurance, oil pollution compensation fund system in accordance with the principles of owners of the vessel and the cargoes jointly undertaking liabilities for vessel-induced oil pollution compensations. Specific measures for the implementation of vessel-induced oil pollution insurance and oil pollution compensation fund system shall be formulated by the State Council.

  Article 67 For vessels loaded with pollution damage cargoes sailing in and out of the port, the carrier, ow

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