Administrative Regulation on the Prevention and Treatment of the Pollution and Damage to the Marine Environment by Marine Engineering (2018 Revision)

Administrative Regulation on the Prevention and Treatment of the Pollution and Damage to the Marine Environment by Marine Engineering (2018 Revision) Administrative Regulation on the Prevention and Treatment of the Pollution and Damage to the Marine Environment by Marine Engineering (Promulgated by the Order No. 475 of the State Council on September 19, 2006; and amended in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017; and amended in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 19, 2018.) Chapter I General Provisions Article 1 This Regulation is formulated according to the Marine Environment Protection Law of the People's Republic of China for the purpose of preventing, treating and reducing the pollution and damage to the marine environment by marine engineering construction projects (hereinafter referred to as marine projects), keeping marine ecological balance, and preserving marine resources. Article 2 This Regulation shall be applicable to the prevention of pollution and damage to the marine environment by marine projects within the marine jurisdiction of the People's Republic of China. Article 3 The “marine projects” as mentioned in this Regulation refers to the newly built, restructured or expanded projects that are constructed for the exploitation, utilization, protection and restoration of marine resources, and whose main parts are situated along the coastline to the side of the sea, and that specifically include: (1) Projects of enclosing or filling in the sea, and marine dike projects; (2) Projects of artificial islands, sea and seabed material storage facilities, cross-sea bridges, and seabed tunnels; (3) Projects of seabed pipes and seabed electric (optical) cables; (4) Projects of marine mineral resources exploration and exploitation, and ancillary works; (5) Projects of maritime tidal power stations, wave power stations, stations based on temperature difference, and other marine energy exploitation and utilization projects; (6) Projects of large seawater farms, and artificial fish-reefs; (7) Such seawater utilization projects as the desalination of salt pans and seawater; (8) Maritime entertainment, sports and landscape exploitation projects; and (9) Other marine projects as prescribed by the state marine administrative department together with the environmental protection administrative department of the State Council. Article 4 The state marine administrative department shall be responsible for the supervision over and administration of the environmental protection work on the marine projects across the country, and accept the guidance, coordination and supervision of the environmental protection administrative department of the State Council. The marine administrative department of the people's government at or above the level of coastal county shall be responsible for the supervision over and administration of the environmental protection work on marine projects in the sea areas adjacent to its own administrative area. Article 5 The site selection and construction of marine projects shall be conducted in line with the zoning of marine functions, planning for the marine environmental protection and national environmental protection standards, and shall not affect the environmental quality of marine functional zones or damage the functions of adjacent sea areas. Article 6 The state marine administrative department shall distribute the pollutant discharge control volume for the marine projects in key sea areas in light of the total pollutant discharge control indicator for the marine projects in national key sea areas. Article 7 Any entity or individual shall be entitled to tip off the pollution to the marine environment or the damage to the marine ecology by marine projects to the marine administrative department. The marine administrative department that has received the said tip-off shall carry out the investigation, and keep secrets for the tip-offer. Chapter II Environmental Impact Assessment Article 8 The State implements the environmental impact assessment system to marine projects. The environmental impact assessment of a marine project shall mainly include the comprehensive analysis, forecast and assessment of the effects of the project to the marine environment and marine resources, corresponding ecological protection measures, as well as the forecast, control or reduction of the effects and damage of the project to the marine environment and marine resources. An environmental impact report on a marine project shall be formulated according to the technical standards for the environment impact assessment of marine projects and other relevant environmental protection standards. The survey and monitor materials as required by the state marine administrative department shall be used for the formulation of environment impact reports. Article 9 An environmental impact report on a marine project shall include: (1) General information about the project; (2) Environmental situation of the sea area where the project is located, and the conditions about the exploitation and utilization of adjacent sea areas; (3) Analysis, forecast and assessment of possible impacts of the project to the marine environment and marine resources; (4) Analysis and forecast of the impacts of the project to the functions of adjacent sea areas and other exploitation and utilization activities; (5) Analysis of the economic profits and losses and environmental risks of the project to the marine environment; (6) Environmental protection measures to be adopted, and the economic and technical demonstration thereof; (7) Conditions on public participation; and (8) Environment impact assessment conclusion. In case a marine project may damage the seashore ecological environment, the environment impact assessment report shall also include the analysis and assessment of the impacts of the project to the natural reserves alongshore and other land ecological systems. Article 10 The construction entity for a newly-built, restructured or expanded marine project shall formulate an environment impact report, and shall report it to the marine administrative department that has the examination and approval power for approval. The marine administrative department shall, before approving an environmental impact report on a marine project, solicit the opinions from the administrative departments of marine affairs and fishery, and the environmental protection department in the army; and may hold a hearing when necessary. For a project of enclosing or filling in the sea, a hearing shall be held. Article 11 The environment impact reports on the following marine projects shall be subject to the examination and approval of the state marine administrative department: (1) Projects involving state marine rights and interests or national defense security, etc. (2) Projects of marine mineral resources exploration and exploitation, and ancillary works; (3) Projects of filling in the sea with an area of 50 or more hectares, and projects of enclosing the sea with an area of 100 or more hectares; (4) Projects of maritime tidal power stations, wave power stations, stations based on temperature difference, and other marine energy development and utilization projects; and (5) Marine projects as examined and approved by the State Council or the relevant departments of the State Council. Other environment impact reports on marine projects than those as mentioned in the preceding Paragraph shall be subject to the examination and approval of the marine administrative department of the people's government at or above the level of coastal county in light of the limit of power as prescribed by the people's government of the province, autonomous region or municipality directly under the Central Government. In case a marine project may affect the environment of two or more regions and the relevant marine administrative departments have dispute over the environment impact assessment conclusion, the environment impact report on the said project shall be subject to the examination and approval of their common marine administrative department at the next higher level. Article 12 The marine administrative department shall, within 60 working days upon receipt of an environment impact report on a marine project, make a decision on whether or not to approve it, and notify the construction entity of the decision in written form. Where the materials need to be supplemented, the marine administrative department shall notify the construction entity in a timely manner, and the term of approval shall be re-calculated as of the day when all the materials are supplemented. Article 13 Where, after an environment impact report on a marine project is approved, any major change occurs to the nature, scale, site, production technique of the project or to the environmental protection measures to be adopted, the construction entity shall formulate a new environment impact report, and report it to the marine administrative department that has originally examined and approved the environment impact report on the said project for approval. Where the construction of a marine project is started after five years from the date when the environment impact report on the project has been examined and approved, the environment impact report on the said project shall, before the construction, be reported to the marine administrative department that has originally examined and approved the environment impact report on the said project for a new approval. Article 14 A construction entity may determine an environment impact assessment institution for a marine project by way of bid invitation. No entity or individual may designate any environment impact assessment institution for the marine project. Chapter III Prevention and Treatment of the Pollution Caused by Marine Projects Article 15 The environmental protection facilities for a marine project shall be designed, constructed and put into use simultaneously with the main part of the marine project. Article 16 In the preliminary design of a marine project, an environmental protection chapter shall be formulated, environmental protection measures shall be implemented and the investment for environmental protection shall be generally calculated according to the criteria for environmental protection design and the environment impact report as approved. Article 17 A construction entity shall, within 30 working days before the marine project is put into operation, apply for the check and acceptance of environmental protection facilities to the marine administrative department that has originally approved the environment impact report on the said project; and in case a marine project is put into trial operation, the construction entity sha......