Oil and Natural Gas Pipeline Protection Law of the People's Republic of China

Oil and Natural Gas Pipeline Protection Law of the People's Republic of China Order of the President of the People's Republic of China (No. 30) Oil and Natural Gas Pipeline Protection Law of the People's Republic of China, which was adopted at the 15th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 25, 2010, is hereby promulgated and shall come into force as of October 1, 2010. President of the People's Republic of China Hu Jintao June 25, 2010 Oil and Natural Gas Pipeline Protection Law of the People's Republic of China (Adopted at the 15th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 25, 2010) Contents Chapter I General Provisions Chapter II Planning and Construction of Pipelines Chapter III Protection of Pipelines in Operation Chapter IV Handling of the Relationship between Pipeline Construction Projects and Other Construction Projects Chapter V Legal Liabilities Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of protecting oil and natural gas pipelines, ensuring the safety of oil and natural gas transmission and maintaining the national energy safety and the public safety. Article 2 This Law shall apply to the protection of pipelines for the transmission of oil and natural gas within the territory of the People's Republic of China. This Law does not apply to the protection of urban gas pipelines, and pipelines within the factory areas of oil refining, petro-chemical and other enterprises. Article 3 The term “oil” as used in this Law includes crude oil and refined oil, and the term “natural gas” includes natural gas, coal bed gas and coal gas. The term “pipelines” as used in this Law includes pipelines and the ancillary facilities for pipelines. Article 4 The energy administrative department of the State Council shall, in pursuance of this Law, administer the protection of pipelines throughout the country, be responsible for organizing the preparation and execution of national plans on the development of pipelines, make an overall planning and coordinate the coherence between national plan on the development of pipelines and other specialized plans and coordinate the major issues in the protection of pipelines across different provinces, autonomous regions and municipalities directly under the Central Government. Other relevant departments of the State Council shall, under the relevant laws and administrative regulations, take charge of the relevant work on the protection of pipelines within their respective jurisdictions. Article 5 The energy administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and the departments designated by the people's governments at the level of districted city and county levels shall, according to this law, administer the protection of pipelines within their respective administrative areas, coordinate the handling of major issues in the protection of pipelines within their respective administrative areas, direct and supervise the relevant entities' fulfillment of the pipeline protection obligation and investigate and deal with illegal conducts endangering the safety of pipelines. Other relevant departments of the people's governments at and above the county level shall, in pursuance of relevant laws and administrative regulations, take charge of the pertinent work on the protection of pipelines within the scope of their respective functions. The energy administrative departments of the people's governments of provinces, autonomous regions and municipalities and the departments designated by the people's governments at the districted city and county levels are generally referred to as the pipeline protection administrative departments of the local people's governments at and above the county level. Article 6 The people's governments at and above the county level shall strengthen the leadership over the protection of pipelines within their respective administrative areas, supervise and inspect the relevant departments' fulfillment of their pipeline protection functions and organize the elimination of major external hidden safety risks to pipelines. Article 7 A pipeline enterprise shall abide by this Law and other laws and administrative regulations on the relevant planning, construction, work safety, quality supervision, environmental protection, execute the compulsory requirements of the national technical norms, establish sound bylaws and operating procedures for the protection of pipelines and organize the implementation thereof, publicize the knowledge of pipeline safety and protection, perform its pipeline protection obligation and accept the supervision of the people's government and its relevant departments according to law so as to ensure the safe operation of pipelines. Article 8 No entity or individual shall commit any conduct which may endanger the safety of pipelines. For a conduct endangering the safety of pipelines, any entity or individual has the right to report it to the pipeline protection administrative department or any other relevant department of the local people's governments at or above the county level. The department which receives the report shall timely deal with it within the scope of its functions. Article 9 The state shall encourage and promote the research, development, popularization and application of new technologies of protection of pipelines. Chapter Planning and Construction of Pipelines Article 10 The planning and construction of pipelines shall conform to the requirements for the protection of pipelines and accord with the principle of safety, environment-friendliness, saving land and economy and rationality. Article 11 The energy administrative department of the State Council shall, by taking into consideration the needs of national economy and social development, organize the preparation of national plans on the development of pipelines. To organize the preparation of a national plan on the development of pipelines, it shall solicit the advice of other relevant departments of the State Council and the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government. The national plan on the development of pipelines shall conform to the national energy plan and be consistent with the overall plan on the use of land, urban and rural plan as well as the plans on mineral resources, environmental protection, water conservancy, railways, highways, navigation channels, ports, telecommunication, etc. Article 12 A pipeline enterprise shall work out a pipeline construction plan according to the national plan on the development of pipelines and submit its pipeline construction route selection scheme determined for the pipeline construction plan to the urban and rural planning administrative department of the people's government at or above the county level where the pipelines are to be constructed. If the said pipeline route selection conforms to the urban and rural plan, it shall be integrated into the local urban and rural plan. The purpose of the pipeline construction land integrated into the urban and rural plan shall not be changed without approval. Article 13 A pipeline construction route to be selected shall stay away from the seismic active faults and the areas likely to be hit by floods or geological disasters, and be kept at a protection distance from buildings, structures, railways, highways, navigation channels, ports, municipal utilities, military facilities, electric cables, fiber cables, etc. under this Law, other relevant laws, administrative regulations as well as the compulsory requirements of the national technical norms. Where an area through which a new pipeline is to pass does not satisfy the pipeline protection requirements as mentioned in the preceding paragraph because of geological limitations, the pipeline enterprise shall put forward a protection plan. It shall not start the pipeline construction until the said protection plan has been reviewed and assessed by pipeline protection experts and has been approved by the pipeline protection administrative department of the local people's government at or above the county level where the pipeline is located. A pipeline construction project shall be subject to an environmental impact assessment. Article 14 The pipeline construction land shall be governed by the Land Administration Law of the People's Republic of China and other laws and administrative regulations. Where a pipeline under construction according to law passes through the collectively owned land or the state-owned land of which the land use right has been obtained by someone else, and will affect the use of land, the pipeline enterprise shall make a compensation based on the purpose of land as shown at the time of building the pipeline. Article 15 In pursuance of law and the provisions of the State Council, no entity or individual shall obstruct the construction of a pipeline project for which an administrative license has been obtained or which has been submitted for archival purposes and meets the requirements for starting construction. Article 16 The provisions of the laws and administrative regulations on the management of project quality shall be followed during the construction of pipelines. A pipeline enterprise shall, in accordance with relevant laws and administrative regulations, choose corresponding eligible survey, design, construction and project supervision entities to carry out the construction of the pipeline. The safety protection facilities for a pipeline shall be designed, constructed and put into use along with the principal part of the pipeline project. The quality of pipeline products and accessories thereof shall satisfy the compulsory requirements of the national technical norms. Article 17 This Law and relevant laws and administrative regulations shall be followed and the compulsory requirements of the national technical norms shall be executed during the construction of pipelines passing through or getting across water conservancy projects, flood protection facilities, river courses, navigation channels, railways, highways, ports, electric power facilities, telecommunication facilities and municipal utilities. Article 18 A pipeline enterprise shall erect signs of pipeline along the pipeline route according to the compulsory requirements of the national technical norms. If any sign of pipeline is damaged or if a safety warning is unclear, the pipeline enterprise shall timely repair it or replace it by a new one. Article 19 After the construction of a pipeline is completed, an as-built inspection shall be made under relevant provisions of the state. The as-built inspection shall include checking whether the pipelines satisfy the pipeline protection requirements as prescribed in this Law. The pipelines shall not be formally delivered for use until they pass the as-built inspection. Article 20 A pipeline enterprise sh......