Law of the People's Republic of China on the Administration of Sea Areas

Law of the People's Republic of China on the Administration of Sea Areas Order of the President of the People's Republic of China (No. 61) (No. 61) The Law of the people's Republic of China on the Administration of Sea Areas has been passed at the twenty fourth meeting of the Standing Committee of the National people's Congress of the people's Republic of China on October 27, 2001 and is hereby promulgated for implementation as of January 1, 2002. Jiang Zeming, President of the people's Republic of China October 27, 2001 Law of the people's Republic of China on the Administration of Sea Areas (Adopted at the 24th meeting of the Standing Committee of the Ninth National people's Congress on October 27, 2001) Table of Contents Chapter I General Principles Chapter II Functional Divisions of the Sea Chapter III Application and Approval for the Use of Sea Areas Chapter IV The Right to Use Sea Areas Chapter V Royalties for Using Sea Areas Chapter VI Supervision and Inspection Chapter VII Legal Liabilities Chapter VIII Supplementary Provisions Chapter I General Principles Article 1 This law has been enacted for the purpose of strengthening the administration of using sea areas, safeguarding the ownership of the state to the sea areas and the lawful rights and interests of the holders of the right to use sea areas and promoting the reasonable development and sustainable utilization of the sea areas. Article 2 The term “sea area” as mentioned in this law shall refer to the interior waters, the surface, body, seabed and bottom soil of the territorial seas. The term “interior waters” as mentioned in this law shall refer to the sea area of the people's Republic of China stretching from the base line on side of the land of the territorial seas to the coastline. This law shall be applicable to any exclusive continuous use of the seas within specific sea areas of the interior waters or territorial seas for three months or longer. Article 3 The sea areas shall belong to the state, and the State Council shall exercise ownership over the sea areas on behalf of the state. No entity or individual may usurp on, buy or sell or by any other means transfer sea areas. The right to use sea areas shall be lawfully obtained for the use of sea areas by any entity or individual. Article 4 The state practices the system of functional division of the sea. The use of sea areas shall be in conformity with the functional divisions of the sea. The state shall rigidly administer the use of seas that changes the natural quality of sea areas such as filling up the sea or encircling the sea. Article 5 The state shall establish a system of information for administering the use of sea areas and shall watch out and monitor the use of sea areas. Article 6 The state shall establish a system of registering the right to use sea areas. The lawfully registered rights to use sea areas shall be protected by law. The state shall establish a statistical system for the use of sea areas, and shall disseminate statistical materials concerning the use of sea areas. Article 7 The maritime administrative department of the State Council shall be responsible for the supervision and administration of the use of sea areas within the whole country. The maritime administrative departments of the local people's government on the county level and above within the coastal regions shall, on the basis of authorization, be responsible for the supervision and administration of the use of adjacent sea areas within their respective administrative divisions. The fishery administrative departments shall, in accordance with the Fishery Law of the people's Republic of China, exercise supervision and administration over the fishing activities on the sea. The maritime affairs administrations shall, according to theLaw of the people's Republic of China on the Security of Maritime Traffic, be responsible for exercising supervision and administration of the security of the maritime traffic. Article 8 All entities and individual persons shall bear the obligation of observing the laws and regulations regarding the use of sea areas, and shall be entitled to report and prosecute violations of the laws or regulations regarding the use of sea areas. Article 9 Any entity or individual that have made remarkable achievements in the protection or rational use of sea areas or in relevant scientific research shall be granted awards by the people' governments. Chapter II Functional Divisions of the Sea Article 10 The maritime administrative department of the State Council shall, jointly with other relevant departments of the State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, work out the functional divisions of the seas of the whole country. The maritime administrative department of the local people's governments on the county level and above within the coastal regions shall, jointly with other relevant departments of the people's governments on the same level, work out the local functional divisions of the seas on the basis of the functional divisions of the seas worked out by the next high authorities. Article 11 The functional divisions of the sea shall be worked out under the following principles: 1. Scientifically defining the functions of sea areas according to the natural qualities including the location, natural resources and natural environment, etc; 2. Planning the use of the seas by various trades as whole in accordance with the demand of economic and social development; 3. Protecting and improving the ecological environment, ensuring the sustained utilization of sea areas and promoting the development of the maritime economy; 4. safeguarding the security of maritime traffic; 5. safeguarding the security of national defense, ensuring the use of sea for military purposes. Article 12 The functional divisions of the sea shall be subject to the hierarchical examination and approval. The functional divisions of the seas within the whole country shall be subject to the approval of the State Council. The functional divisions of the seas under the jurisdictions of the provinces, autonomous regions and municipalities directly under the Central Government within the coastal regions shall be subject to the approval of the State Council after obtaining the consent of the people's government of the respective province, autonomous region or municipality directly under the Central Government. The functional divisions of the seas of the counties and cities within the coastal regions shall be subject to the approval of the people's government of their respective province, autonomous region or municipality directly under the Central Government after obtaining the consent of the people's government of the county or city and be submitted to the maritime administrative department of the State Council for archivist purposes. Article 13 In terms of the revision of the functional divisions of the sea, the original organ that worked out functional divisions shall, jointly with other relevant departments, propose suggestions of revision and submit to the original approving authority for approval. If the revisions are not approved, the functions of the sea areas defined by the functional divisions of the seas shall not be changed. Where it is necessary to change the functional divisions of the seas for public interests, national defense or large-scale infrastructure construction including energy, traffic, etc., the functional divisions of the seas may be revised upon the approval of the State Council and in accordance with the approving documents of the State Council. Article 14 The functional divisions of the seas shall, after being approved, be publicized to the general public, with the exception of those that relate to the secrets of the state. Article 15 The use of sea areas by the trades like aquatics breeding, salt, traffic and tourism based on their industrial plans shall be infirmity with the functional divisions of the seas. The overall plans, municip......