Regulations of the People's Republic of China Concerning Environmental Protection in Offshore Oil Exploration and Exploitation

Regulations of the People's Republic of China Concerning Environmental Protection in Offshore Oil Exploration and Exploitation Regulations of the People's Republic of China Concerning Environmental Protection in Offshore Oil Exploration and Exploitation (Promulgated by the State Council of the People's Republic of China on December 29, 1983) Article 1 . These Regulations are formulated for the purpose of implementing the Marine Environmental Protection Law of the People's Republic of China so as to prevent pollution damage to the marine environment by offshore oil exploration and exploitation. Article 2 . These Regulations shall apply to all enterprises, institutions, operators and individuals engaged in offshore oil exploration and exploitation in the sea areas under the jurisdiction of the People's Republic of China, as well as the fixed and mobile platforms and other related installations they use. Article 3 . The competent authority in charge of the environmental protection in offshore oil exploration and exploitation shall be the National Bureau of Oceanography of the People's Republic of China, including its agencies, which is hereinafter referred to as "the Competent Authority". Article 4 . While drawing up an overall development program for an oil (gas) field, an enterprise or operator shall draw up a Marine Environmental Impact Statement and submit it to the Ministry of Urban and Rural Construction and Environmental Protection of the People's Republic of China. The said Ministry shall, in conjunction with the National Bureau of Oceanography and the Ministry of Petroleum Industry, organize an examination of the Statement and take a decision on it in accordance with the provisions concerning environmental protection in state capital construction projects. Article 5 . A Marine Environmental Impact Statement shall consist of the following items: (1) The name, geographical location and size of the oil filed; (2) The natural environment and condition of marine resources in the sea area where the oil field is located; (3) The types, composition, quantities and methods of disposal of the wastes that need to be discharged in the course of exploiting the oil field; (4) An assessment of marine environmental impacts: the possible effects of offshore oil exploitation on the natural environment and marine resources in the surrounding sea area; their possible effects on marine fisheries, shipping and other offshore activities; and the environmental protection measures proposed to be taken to avoid and mitigate various adverse effects; (5) The ultimately unavoidable effects and the extent and causes thereof; and (6) Measures to prevent major oil-pollution accidents, including, among others, the preventative organization, personnel, technical equipment, and communication and liaison. Article 6 . An enterprise, institution or operator shall have the ability to meet emergencies with regard to the prevention and control of oil pollution accidents, work out emergency plans, and be provided with oil-recovery facilities as well as oil enclosure and elimination equipment and materials commensurate with the scale of offshore oil exploration and exploitation in which it is engaged. When chemical dispersant is provided, its trademark and composition shall be reported to Competent Authority for approval. Article 7 . The antipollution equipment for fixed and mobile platforms shall conform to the following requirements: (1) There shall be oil-water separators; (2) The production platforms shall have equipment for treatment of oily water, and the oil content of the discharged water after treatment through such equipment shall conform to the national discharge standards; (3) There shall be monitoring devices for oil discharge; (4) There shall be recovery facilities for residual and waste oils; (5) There shall be garbage-smashing equipment; and (6) The above-mentioned equipment & facilities shall be inspected by the vessels inspection agency of the People's Republic of China, proved to be up to standard, and then granted a certificate of their effectiveness. Article 8 . If the antipollution equipment of a fixed or mobile platform already employed in offshore oil exploration and exploitation in the sea areas under the jurisdiction of the People's Republic of China before March 1, 1983 fails to meet the prescribed requirements, effective measures shall be taken to prevent pollution and to ensure that such equipment meets the prescribed requirements within three years after the promulgation of these Regulations. Article 9 . Each enterprise, institution or operator shall carry insurance or other financial guaranties in respect of civil liabilities for pollution damage. Article 10 . A fixed or mobile platform shall have an Antipollution Record Book printed in a form approved by the Competent Authority. Article 11 . Oily water shall not be discharged, either directly or in diluted form, from any fixed or mobile platform. When the water is discharged after treatment, its oil content must comply with the state standards concerning oily water discharge. Article 12 . Requirements for the control of other wastes are as follows: (1) Residual oil, waste oil, oil-based mud, oily garbage, and other noxious liquid or residues shall be recovered and forbidden to be discharged or dumped into the sea; (2) The disposal of industrial garbage in large quantities shall be controlled according to provisions concerning marine dumping, and scattered industrial garbage may not be dumped into fishing areas and navigation channels; and (3) When it is necessary to dump domestic refuse within 12 nautical miles from the nearest land, it must be smashed into grains with diameters less than 25 mm. Article 13 . When offshore oil exploration and exploitation necessitates dynamite explosion or other operations harmful to fishery resources in important fishing grounds, effective measures shall be taken to keep away from the spawning, breeding and fishing seasons for those fishes and shrimps of major economic value. Such operations shall be reported in advance to the Competent Authority and distinct signs and signals shall be given while operations are carried out. Upon receiving such a report, the Competent Authority shall promptly inform the relevant units of the location and time of the operations. Article 14 . Offshore oil-storage installations and oil pipelines shall meet the requirements against seepage, leakage and corrosion and be kept in good conditions through regular inspection so as to prevent oil leakage accidents. Article 15 . In the event of offshore-well t......