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)

n violation of the provisions of first clause of Article 47 and Article 48 of this law, undertakes to build marine construction project, or marine construction project put into commission and use without completing the construction of environment protection installations or environment protection installations not up to the demanded requirements, shall be ordered to stop construction or stop the production and use of the project, and be fined not less than 50,000 yuan and no more than 200,000 yuan.

　　Article 84 Whoever, in violation of the provisions of Article 49 of this law, uses materials containing radioactive substance in excess of standards or toxic and harmful substances easy to dissolve in the water, shall be fined no more than 50,000 yuan by the competent administrative department in charge of marine affairs and be ordered to stop the operation of the construction project until pollution damage is eliminated.

　　Article 85 Whoever, in violation of the provisions of this law, undertakes to conduct offshore oil exploration and exploitation causing pollution damage to the marine environment, shall be warned by the competent State administrative department in charge of marine affairs and be fined not less than 20,000 yuan and no more than 200,000 yuan.

　　Article 86 Whoever, in violation of the provisions of this law, undertakes to conduct dumping of wastes in disregard of the stipulations of certificate of permit, or conduct dumping of wastes in the dumping zone already closed down, shall be warned by the competent administrative department in charge of marine affairs and be fined not less than 30,000 yuan and no more than 200,000 yuan; in the event of a serious case, the certificate of permit may be detained or revoked.

　　Article 87 Whoever, in violation of the provisions of third clause of Article 55 of this law, undertakes to transport wastes from outside the boundaries of the People's Republic of China to be dumped in the sea areas under the jurisdiction of the People's Republic of China, shall be warned by the competent State administrative department in charge of marine affairs and be fined, in accordance with the consequences of pollution damage caused or possibly caused, not less than 100,000 yuan and no more than 1,000,000 yuan.

　　Article 88 Whoever, in violation of the provisions of this law, commits any of the following acts, shall be warned or fined by the department invested with power to conduct marine environment supervision and administration in accordance with the provisions of this

law: (1) ports, docks, loading and unloading spots and vessels which are not equipped with pollution prevention facilities and devices; (2) vessels not in possession of pollution prevention certificate and pollution prevention document, or do not take records of pollutant discharge in accordance with relevant provisions; (3) engaged in surface and port water area ship dismantling, old vessel refitting, salvaging and other surface and underwater operations which cause pollution damage to the marine environment; (4) cargoes carried by vessels do not meet pollution prevention and transportation requirements. Whoever commits any of the following acts mentioned in previous clause (1) and (4), shall be fined not less than 20,000 yuan and no more than 100,000 yuan; act mentioned in previous clause (2) shall be fined no more than 20,000 yuan; and act mentioned in previous clause (3) shall be fined not less than 50,000 yuan and no more than 100,000 yuan.

　　Article 89 Vessels, oil platforms as well as ports, docks, loading and unloading spots which conduct loading and unloading operations of oils, failing to formulate contingency plans to deal with oil spill in violation of the provisions of this law, shall be warned by the department invested with power to conduct marine environment supervision and administration in accordance with the provisions of this law, or be ordered to remedy the fault within a certain period of time.

　　Article 90 Whoever causes pollution damage to the marine environment shall remove the pollution and compensate the losses; in case of pollution damage to the marine environment resulting entirely from the intentional act or fault of a third party, that third pa. shall remove the pollution and be liable for the compensation. For damages to marine ecosystems, marine fishery resources and marine protected areas which cause heavy losses to the State, the department invested with power by the provisions of this law to conduct marine environment supervision and administration shall, on behalf of the State, put forward compensation demand to those held responsible for the damages.

　　Article 91 Any unit, in violation of the provisions of this law, causes pollution accident to the marine environment, shall be fined in accordance with the damage and losses incurred by the department invested with power by the provisions of this law to conduct marine environrnent supervision and administration; the competent personnel directly responsible for the accident and other directly responsible personnel who are State functionaries shall be given administrative sanctions pursuant to the provisions of the law. The amount of fine mentioned in previous clause shall be calculated according to 30 per cent of the direct losses, but no more than 300,000 yuan. Whoever causes major marine environment pollution accident resulting in grave consequences of heavy losses of public and private property human injuries and deaths of persons, shall be investigated for criminal responsibility according to law.

　　Article 92 Liability of those who cause pollution damage may be exempted if pollution damage to the marine environment can not be avoided, despite prompt and reasonable measures taken, when the pollution damage is caused by any of the following circumstances:

　　(1) war;

　　(2) irresistible natural calamities; or

　　(3)negligence or other wrongful acts in the exercise of functions of competent departments responsible for the maintenance of beacons or other navigation aids.

　　Article 93 Administrative penalties related to the payment of pollutant discharge fees, dumping fees and pollution removal within a certain period of time in violation of the provisions of Article 21 and Article 22 of this law shall be formulated by the State Council.

　　Article 94 Any person in charge of marine environment supervision and administration who abuses his power, neglects his duty or engaged

in malpractice for personal gains resulting in pollution damage to the marine environment, shall be given administrative sanctions pursuant to the law; if his conduct constitutes a crime, he shall be persecuted for criminal responsibility according to law.

　　Chapter X Supplementary Provisions

　　Article 95 For the purpose of this law, the definitions of the following terms are:

　　(1) "pollution damage to the marine environment" means any direct or indirect introduction of substances or energy into the marine environment which results in deleterious effects such as harm to marine living resources, hazards to human health, hindrance to fishing and other legitimate operations at sea, impairment of the useful quality of sea water and degradation of environment quality.

　　(2) "internal waters" means all sea areas on the land-ward side of the baseline of the territorial sea of our country.

　　(3) "coastal wetland" means water areas where the depth of water is less than 6 meters at low tides and its coastal flooded and wet areas, including the permanent water areas, the intertidal zone and other coastal low land less than 6 meters.

　　(4) "marine functional zonation scheme " means delimitation of dominant functions and scope in marine utilization in the light of marine natural attributes and social attributes as well as natural resources and specified environment conditions.

　　(5) "fishing areas" means spawning grounds, feeding grounds, wintering grounds and migration channels of fishes and shrimps, and the mariculture waters of fishes, shrimps shellfishes and algae.

　　(6) "Oils " means any kind of oil and its refined products.

　　(7) "Oily mixtures " means any mixtures containing oil.

　　(8) "Discharge " means acts to drain pollutants into the sea including pumping, spilling, releasing, gushing and pouring.

　　(9) "Land based pollution sources" refer to the sites or facilities that discharge from land into the sea pollutants which causes or potentially cause marine environment pollution.

　　(10) "Land-based pollutant " means pollutant discharged from land-based sources.

　　(11) "Dumping " means to dispose of wastes or other harmful substances into the sea from vessels, airborne vehicles, platforms or other means of transport, including the abandonment of vessels, airborne vehicles, platforms and other floating apparatus.

　　(12) "coastal land areas " means areas connected with coast line or areas directly or indirectly discharging pollutants into the sea through pipelines, channels, installations or conducting related operations.

　　(13) "Incineration at the sea" means intentional act of burning pollutants or other substances on the burning devices at the sea with aim of destruction by heat, however, related happenings in the operation of vessels, platforms or other artificial structures shall be excluded.

　　Article 96 Specific division of functions and powers of relevant departments involved in marine environment supervision and administration which are not defined in this law shall be determined by the State Council.

　　Article 97 If an international treaty regarding environment protection concluded or acceded t

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