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)

ner of the cargo or his agent must declare to the competent administrative department in charge of maritime affairs. The vessels may, upon approval, sail in and out of the port for transit berthing or conduct loading and unloading handling.

　　Article 68 Vouchers, packages, marks and quantities, etc. of the pollution damage cargoes delivered to the vessels for shipping must be in conformity with relevant regulations governing the cargoes being shipped.

In case it is necessary for shipping cargoes, assessment should be made beforehand in accordance with relevant regulations. In undertaking loading and unloading operations of oil, toxic and harmful cargoes, the two parties of the vessel and the port should both comply with relevant operation rules and regulations to ensure safety and pollution prevention.

　　Article 69 Ports, docks, loading and unloading spots and shipyards must, in accordance with relevant regulations, be equipped with proper facilities to accommodate and deal with vessel-induced pollutants and wastes, and shall keep these facilities in good conditions. Ports, docks, loading and unloading spots and shipyards must draw up contingency plans to deal with oil spill pollution and shall be equipped with corresponding contingency equipment and devices to deal with oil spill.

　　Article 70 To undertake following operations shall, in accordance with relevant regulations, report to relevant department for approval or permission beforehand: 1. Vessels using incinerators in. the port waters; 2. Vessels conducting such operations as cabin washing, cabin cleaning, gas discharging, ballast water and residual oil discharging, oily water collecting, gunwale rust-eradicating and paint coating, etc. in the port waters. 3. Use of oil detergent chemicals in the vessels, docks and facilities. 4.Vessels cleaning decks contaminated by pollutants, toxic and harmful substances; 5. Vessels undertaking operations of ship-to-ship transfer of bulk liquid cargoes with pollution damages; 6. Engaged in ship dismembering in the sea, ship salvaging, ship repairing and other surface and under-water operations.

　　Article 71 For vessels involved in maritime incidents causing or possibly resulting in major pollution damages to the marine environment, the competent State administrative department in charge of maritime affairs shall have the right to adopt forcible measures to avoid or reduce pollution damage. For maritime incidents on the high seas resulting in consequences of causing major pollution damage to the sea areas under the jurisdiction of the People's Republic of China or vessels and facilities on the sea possessing pollution threat, the competent State administrative department in charge of maritime affairs shall have the right to adopt necessary measures corresponding with pollution which have actually happened or may possibly happen.

　　Article 72 All vessels shall have the obligation to supervise pollution on the sea and, upon discovering pollution accidents on the sea or uncovering act of violation of the provisions of this law, must immediately report to the department invested by this law with power to conduct marine environment supervision and administration in the vicinity. Civil aviation vehicles, upon discovering discharge of pollutants or pollution accidents on the sea, must timely report to the civil aviation air traffic control unit in the vicinity. The unit shall, upon receiving such report, immediately notify the department invested by this law with power to conduct marine environment supervision and administration.

　　Chapter IX Legal Liabilities

　　Article 73 Whoever, in violation of the provisions of this law, commits any of the following acts, shall be ordered to remedy the damage within a certain period of time and be fined by the competent department invested by law with power to conduct marine environment supervision and administration in accordance with the provisions of this law: (1) discharging pollutants or other substances into the sea prohibited by this law to discharge; (2) discharging pollutants into the sea not in conformity with the provisions of this law, or discharging pollutants in excess of standards; (3) dumping wastes in the sea without obtaining certificate of permit for dumping; (4) in the event of an accident or any other contingent event causing pollution to the marine environment, no proper treatment m

easures having been taken immediately; Whoever commits any of the following acts mentioned in previous clause (1) and (3), shall be fined not less than 30,000 yuan but no more than 200,000 yuan; whoever commits any of the following acts mentioned in previous clause (2) and (4), shall be fined not less than 20,000 yuan but no more than 100,000 yuan;

　　Article 74 Whoever, in violation of the provisions of this law, commits any of the following acts, shall be warned or fined by the competent department invested with power to conduct marine environment supervision and administration in accordance with the provisions of this law: (1) failing to report in accordance with relevant provisions, or even refusing to report on matters related to the discharge of pollutants or resorting to trickery and fraud in filing a report; (2) failing to report in accordance with relevant provisions in the event of an accident or contingency; (3) failing to make records of dumping in accordance with relevant provisions or failing to submit a report of dumping in accordance with relevant provisions; (4) refusing to report or filing a false report on matters related to the transportation of cargoes with pollution damages by vessels. Whoever commits any of the following acts mentioned in previous clause (l) and (3), shall be fined no more than 20,000 yuan; whoever commits any of the following acts mentioned in previous clause (2) and (4), shall be fined no more than 50,000 yuan.

　　Article 75 Whoever, in violation of the provisions of second clause of Article 19 of this law, refuses an on-site inspection or resorts to trickery and fraud while undergoing inspection, shall be warned by the department invested with power to conduct marine environment supervision and administration in accordance with the provisions of this law and be fined no more than 20,000 yuan.

　　Article 76 Whoever, in violation of the provisions of this law, causes damage to marine ecosystems such as coral reefs, mangroves, etc., marine fishery resources and marine protected areas, shall be ordered by the department invested with power to conduct marine environment supervision and administration in accordance with the provisions of this law to remedy the damage within a certain period of time and adopt remedial measures, and be fined not less than 10,000 yuan and no more than 100,000 yuan; in case of having any illegal income, the illegal income shall be confiscated.

　　Article 77 Whoever, in violation of the provisions of first clause and third clause of Article 30 of this law, installs pollutant discharge outlet into the sea, shall be ordered to have it shut down by the competent department in charge of environment protection under the local People's Government above the County level and be fined not less than 20,000 yuan and no more than 100,000 yuan.

　　Article 78 Whoever, in violation of the provisions of third clause of Article 32 of this law, dismantles or lays idle without authorization environment protection installations, shall be ordered to have ii rebuilt and put into use by the competent department in charge of environment protection under the local People's Government above the County level, and be fined not less than 10,000 yuan and no more than 100,000 yuan.

　　Article 79 Whoever, in violation of the provisions of second clause of Article 39 of this law, transfers dangerous wastes through the passage of sea areas under the jurisdiction of the People's Republic of China, shall be ordered by the State administrative department in charge of maritime affairs to have the vessel illegally transporting dangerous wastes withdrawn from the sea areas under the jurisdiction of the People's Republic of China, and be fined not less than 50,000 yuan and no more than 500,000 yuan.

　　Article 80 Whoever, in violation of the provisions of first clause of Article 43 of this law, builds coastal construction project without possessing envir

onmental impact assessment properly examined and approved, shall be ordered to stop the construction in violation of the law and adopt remedial measures by the competent department in charge of environment protection under the local People's Government above the County level, and be fined not less than 50,000 yuan and no more than 200,000 yuan; or be ordered to have it removed within a certain period of time by the local People's Government above the County level in accordance with the 1imits of authority of administration.

　　Article 81 Whoever, in violation of the provisions of Article 44 of this law, puts into commission or use of coastal construction project without completing the construction of environment protection installations or environment protection installations not up to the demanded requirements, shall be ordered to stop the production and use of the project by the competent administrative department in charge of environment protection and be fined not less than 20,000 yuan and no more than 100,000 yuan.

　　Article 82 Whoever, in violation of the provisions of Article 45 of this law, builds new industrial construction project that causes serious pollution to the marine environment, shall be ordered to have it shut down by the People's Government above the County level in accordance with the limits of authority of administration.

　　Article 83 Whoever, i

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