Island Protection Law of the People's Republic of China

Island Protection Law of the People's Republic of China Decree of the President of the People's Republic of China (No. 22) The Island Protection Law of the People's Republic of China, which was adopted at the 12th session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on December 26, 2009, is hereby promulgated and shall come into force on March 1, 2010. Hu Jintao, President of the People's Republic of China December 26, 2009 Island Protection Law of the People's Republic of China (Adopted at the 12th session of the Standing Committee of the Eleventh National People's Congress on December 26, 2009) Table of Contents Chapter I General Provisions Chapter II Island Protection Planning Chapter III Island Protection Section 1 General Rules Section 2 Protection of Ecosystems of Inhabited Islands Section 3 Protection of Uninhabited Islands Section 4 Protection of Special Purpose Islands Chapter IV Supervisory Inspection Chapter V Legal Liabilities Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in order to protect the ecosystems of islands and their surrounding waters, rationally develop and exploit the natural resources of islands, protect the oceanic rights and interests of the state, and promote sustainable economic and social development. Article 2 This Law shall apply to the protection, development, utilization and relevant administration of islands belonging to the People's Republic of China. The term “islands” as mentioned in this Law refers to the naturally formed land areas which are surrounded by seawater and above the surface of water at high tide, including inhabited islands and uninhabited islands. The term “island protection” as mentioned in this Law refers to the protection of the ecosystems of islands and their surrounding waters, protection of natural resources of uninhabited islands and protection of special purpose islands. Article 3 The state shall apply the principle of “scientific planning, giving priority to protection, rational development and sustainable utilization” to islands. The State Council and the coastal local people's governments at all levels shall include the protection and rational development and utilization of islands in the national economic and social development plan, and take effective measures to strengthen the protection and administration of islands and prevent the ecosystems of islands and their surrounding waters from being damaged. Article 4 Uninhabited islands belong to the state, and the State Council shall exercise the ownership of uninhabited islands on behalf of the state. Article 5 The oceanic administrative department of the State Council and other relevant departments of the State Council shall, according to the division of functions as prescribed by law and the State Council, be responsible for the ecological protection of inhabited islands throughout the country and their surrounding waters. The oceanic administrative departments and other relevant departments of coastal local people's governments at and above the county level shall, according to their respective functions, be responsible for the ecological protection of inhabited islands and their surrounding waters within their respective administrative areas. The oceanic administrative department of the State Council shall be responsible for administering the protection, development and utilization of uninhabited islands throughout the country. The oceanic administrative departments of coastal local people's governments at and above the county level shall be responsible for the relevant work on the administration of the protection, development and utilization of uninhabited islands within their respective administrative areas. Article 6 The names of islands shall be determined and released by the national geographical names authority and the oceanic administrative department of the State Council according to the relevant provisions of the State Council. The coastal local people's governments at and above the county level shall, according to the relevant provisions of the state, set up signs of island names on the islands where such signs need to be set up. It shall be prohibited to damage or move the signs of island names without authorization. Article 7 The State Council and the coastal local people's governments at all levels shall strengthen the publicity and educationon island protection, strengthen the citizens' awareness of island protection, and reward entities and individuals which have made remarkable achievements in island protection and the relevant scientific research. All entities and individuals shall have the obligation of complying with the law on island protection and the right of reporting violations of law on island protection and acts undermining the island ecosystem to the oceanic administrative departments or other relevant departments. Chapter II Island Protection Planning Article 8 The state shall apply the island protection planning system. The island protection plans shall be the basis for carrying out the protection and utilization of islands. The island protection plans shall be formulated under the principle of helping to protect and improve the ecosystems of islands and their surrounding waters and promote the sustainable economic and social development of islands. The opinions of the relevant experts and the general public shall be solicited before an island protection plan is submitted for examination and approval, and the plan shall be announced to the public in a timely manner upon approval, unless it involves any state secret. Article 9 The oceanic administrative department of the State Council shall, jointly with the relevant departments of the people's government and the military authority at the same level, organize the formulation of the national island protection plan according to the national economic and social development plan and the national marine functional zoning, and report it to the State Council for examination and approval. The national island protection plan shall, according to the location, natural resources, environment and other natural attributes of an island and the status of protection and utilization of an island, establish the principles for the categorized protection of islands, the utilizable uninhabited islands, the key islands needing restoration, etc. The national island protection plan shall be linked with the national urban system plan and the national overall plan on land use. Article 10 The oceanic administrative department of the people's government of a costal province or autonomous region shall, jointly with the relevant departments of the people's government and the military authorities at the same level, organize the formulation of a provincial island protection plan according to the national island protection plan, the provincial urban system plan and the overall land use plan of the province or autonomous region, report it to the people's government of the province or autonomous region for examination and approval, and file it with the State Council. The overall urban plan formulated by the people's government of a coastal municipality directly under the Central Government shall include a special plan on the protection of islands within its administrative area. The provincial island protection plans and the special plans on the protection of islands of municipalities directly under the Central Government shall set out the specific measures for the categorized protection of islands. Article 11 The people's government of a province or autonomous region may, according to the actualities, require the people's governments of the coastal cities, counties and towns within its administrative area to organize the formulation of special plans on the protection of islands, and include them in the overall urban or town plans; and may require the people's governments of coastal counties to organize the formulation of county island protection plans. The special plans on the protection of islands of coastal cities and towns and the county island protection plans shall conform to the national island protection plan and the provincial island protection plan. The opinions of the oceanic administrative department of the people's government at the next higher level shall be solicited for the formulation of a special plan on the protection of islands of a coastal city or town. The county island protection plans shall be reported to the people's government of a province or autonomous region for examination and approval and filed with the oceanic administrative department of the State Council. Article 12 The people's government at the level of a coastal county may organize the formulation of a plan on the protection and utilization of utilizable uninhabited islands as determined in the national island protection plan. Article 13 Amendments to island protection plans shall be subject to approval according to the examination and approval procedures as prescribed in Articles 9, 10 and 11 of this Law. Article 14 The state shall establish a sound island statistical investigation system. The oceanic administrative department of the State Council shall, jointly with the relevant departments, work out a comprehensive island statistical investigation plan, organize the implementation thereof upon approval according to law, and release an island statistical investigation communique. Article 15 The state shall establish an island management information system, make investigation......