People's Republic of China President, 22nd
People's Republic of China Law on the protection of the island by the People's Republic of China the 12th meeting of the Standing Committee of the 11th NPC was adopted on December 26, 2009, are hereby promulgated and, as of March 1, 2010.
People's Republic of China President Hu Jintao
The December 26, 2009
People's Republic of China Law of island protection
(December 26, 2009 adopted at the 12th session of the Standing Committee of the 11th NPC)
Directory
Chapter I General provisions
Chapter II protection of the island plan
Chapter III protection island
Section I General provisions
Section II protection of island ecosystems
Section III protection of uninhabited islands
Of the fourth section of special-purpose Island protection
Fourth chapter of supervision and inspection
The fifth chapter legal liability
The sixth chapter supplementary articles
Chapter I General provisions
First eco-system in order to protect the Islands and the surrounding maritime areas, and rational development and utilization of natural resources of the island, and safeguard national marine rights and interests, to promote sustainable economic and social development, this law is enacted.
Article People's Republic of China belongs to the island conservation, utilization and management of activities, this law shall apply.
Islands in this law, is surrounded by the sea and in height above water of the natural land areas, including Islands and uninhabited islands.
Island protection in this law refers to the Islands and the surrounding maritime areas ecosystem conservation, natural resource protection and special-purpose Island protection of uninhabited islands.
Third State on the island of scientific planning, conservation priorities, rational development and sustainable utilization principle.
State Council and local people's Governments at all levels should be the islands along the coast protection and rational exploitation of incorporated into the national economic and social development plan, to take effective measures to enhance the protection and management of the island, preventing the destruction of ecological systems in Islands and the surrounding maritime areas.
Article fourth of uninhabited islands belong to the State, the State Department on behalf of the State exercise the ownership of Islands with no residents. Fifth State Marine Department and other relevant departments of the State Division of responsibilities in accordance with the laws and regulations of the State Council shall be responsible for ecological protection of Islands and the surrounding maritime areas.
Coastal local people's Governments at or above the county level of the Marine Department and other departments concerned in accordance with their respective responsibilities, in charge of the Islands and the surrounding maritime areas in the administrative area of ecological protection. Marine Department under the State Council is responsible for the country's uninhabited islands conservation and utilization management.
Coastal local people's Governments at or above the county level authorities responsible for the administration of the sea uninhabited island conservation and utilization management related work.
Article sixth of the island name, national names authorities and the Marine Department determined in accordance with the relevant provisions of the State Council and published.
Coastal local people's Governments at or above the county level shall, in accordance with the national provisions, in a sign of the need to set the name of the island Island island name flag is set.
Sign for no damage or move without authorization name of the island.
Article seventh State Council and local people's Governments at various levels shall strengthen the protection of the island along the coast of publicity and education work, enhance citizens ' awareness of the island, and island protection and the relevant units and individuals who have made outstanding achievements in scientific research shall be awarded.
Any unit and individual shall have to comply with legal obligations to protect the island, and are entitled to the Marine Department or other relevant departments to report violations of island protection law, destroy the island ecological behavior.
Chapter II protection of the island plan Eighth country island protection planning system.
Island conservation plan is a basis for protection and utilization activities of the island.
Development of island conservation planning should follow to protect and improve the ecological systems in Islands and the surrounding maritime areas, promote the principles of sustainable economic and social development of the island. Island conservation plan before submitting for approval, should seek the views of relevant experts and the public, after approval should be announced to the public in a timely manner.
However, except those involving State secrets.
Nineth marine departments of the State Council of the people's Government authorities, military authorities, according to the national economic and social development plan, the national marine functional zoning, prepare national conservation plan of the island, reported to the State Council for examination and approval.
National Island protection plan shall be in accordance with the island's location, natural resources, environment, nature and its protection, utilization, determine Island classification principles of protection and utilization of uninhabited islands, and the need to focus on the restoration of the island, and so on.
National Island conservation planning should be linked to the national planning system and the linking of national land use plan.
Tenth coastal provinces and autonomous region people's Government Marine Department, in conjunction with the relevant departments of the people's Government, military authorities, according to the national protection plan, the island province of urban system planning and land use planning in provinces, autonomous regions, and compile provincial Island conservation planning, approval of Governments of provinces, autonomous regions, and submitted to the State Council for the record.
Coastal municipalities of the organizational structure of the overall urban planning should include the island conservation planning within their respective administrative areas.
Provincial protection plan of the island and municipality of island conservation planning, should provide for the classification of specific measures to protect the island.
11th people's Governments of provinces, autonomous regions according to the actual circumstances may require within the administrative area of the coastal city, County and town government organization Island conservation planning, and incorporated into the overall urban planning, town planning; may require coastal County Organization Island conservation planning in the County.
Coastal island conservation planning, cities, town and County domains Island conservation planning, shall conform to the national provincial Islands Island conservation planning, and conservation planning.
Preparation of island conservation planning of coastal cities and towns, shall solicit the views of the people's Government of the Marine Department at a higher level.
Island conservation planning in the county people's Governments of provinces, autonomous regions and approval, and report to the Marine Department under the State Council for the record.
12th coastal County to prepare the national protection plans of the island uninhabited islands can be used to protect and use planning.
Amend article 13th Island conservation plan shall be in accordance with the Nineth and tenth, 11th article approval process approval. 14th State shall establish and improve statistical investigation system of the island.
Marine Department under the State Council in conjunction with the relevant departments to develop a comprehensive survey of the island plan, organize and implement after approval in accordance with law, and publish a survey of the island Gazette.
15th State establishment of management information system for the island, Island natural resource assessment, protection and use of the island as the status of the implementation of surveillance, monitoring.
Chapter III protection island
Section I General provisions
16th coast of State Council and local people's Governments at various levels shall take measures to protect the island's natural resources, the natural landscape and historical and cultural monuments. Prohibited from the coastline of the island changed nature reserve. Prohibition of excavation, the destruction of corals and coral reefs.
Mangrove forests and banned logging in waters around the island.
17th State protects vegetation of the island, promoting the island's fresh water conservation support island store of fresh water, sea water desalination and island fresh introduce the construction of project facilities. 18th scientific research activities support the use of the island countries.
On the island engaged in scientific research activities must not cause the island and its surrounding seas ecosystem destruction.
19th State of island species registered, protect and manage biological species of the island.
20th national support on the island to establish renewable energy, ecological construction base.
21st State to arrange special fund for the protection of the island, for island conservation, ecological restoration, and scientific research activities.
22nd State protection of military facilities on the island, prohibit acts of damaging or endangering of military installations.
State shall protect setting on the island aid to navigation navigation, survey, meteorological observation, ocean surveillance and seismic monitoring and other public welfare facilities, damaged or moved without authorization is prohibited, preventing its normal use.
Section II protection of island ecosystems
Article 23rd island development, construction shall comply with urban and rural planning, environmental protection, land management, area management, water resources and the provisions of laws and regulations on forest protection, protection island and the surrounding marine ecosystem. Article 24th island development and construction should be islands of land resources, water resources and energy assessment of the situation, according to the EIA. Development of the island, shall not exceed the island's environmental capacity-building.
New, renovation or expansion project, must conform to the Islands main pollutant emissions, construction land and water volume control requirements.
Island development, should give priority to the construction of wind energy, ocean energy, solar energy and other renewable sources of energy and rainwater, sea water desalination, wastewater reuse, technology.
Islands and the surrounding maritime areas should be designated the prohibition of the development, and the development of the region, and to take measures to protect island habitats, preventing the degradation of vegetation and biological diversity of the island decreases.
25th construction in the island, should stick to the plan after the first construction, ecological protection facilities priority principle of construction, or synchronized with the project construction.
Ecological damage caused by construction, should be responsible for repairing; unable to repair, the people's Governments above the county level shall be ordered to stop construction, and specify the relevant departments can fix, repair costs borne by units and individuals of the ecological damage caused. Article 26th strictly limiting construction of buildings or facilities in Island Beach; required shall be in accordance with the urban and rural planning, land management, environmental protection and other provisions of laws and regulations.
Without legal approval construction of buildings or facilities in Island Beach, cause serious damage to the island and the surrounding marine ecosystem, it shall be removed.
Strictly limited to excavation of sea sand Island beach; it required excavation of, shall, in accordance with the relevant sea area use management, mineral resources law and regulations shall apply.
27th article strictly limit fill sea, and surrounding sea, change has residents island coastline of behavior, strictly limit fill sea even island engineering construction; does needed fill sea, and surrounding sea change island coastline, or fill sea even island of, project applicants should submitted project argument report, and by approved of environment effect evaluation report, application file, in accordance with People's Republic of China waters using management method of provides reported by approved.
Prior to the implementation of this law in the construction of Islands reclaimed island project, cause serious damage on the Islands and the surrounding maritime areas ecosystems, by the island province, autonomous regions and municipalities of the Marine Department in conjunction with the Department of ecological rehabilitation programmes related to the people's Governments at the corresponding level and reported to the people's Governments at the corresponding level for approval organization.
Section III protection of uninhabited islands
28th unauthorized utilization of uninhabited islands, should maintain the status quo; prohibit quarrying, sand digging, cut trees, as well as production, construction, tourism and other activities.
Article 29th strictly biological and non-biological samples are uninhabited islands; collection of really necessary for teaching, scientific research, should be reported to the approval of the local people's Governments at or above the county level of the Marine Department of the island.
30th in the national protection of the island set in exploitation of uninhabited islands can be used shall comply with the protection and utilization of uninhabited islands can use planning, strict conservation measures taken, to avoid the island and its surrounding seas ecosystem destruction.
Development and utilization of uninhabited islands can be used in the preceding paragraph shall be made to the marine authorities of provinces, autonomous regions and municipalities to apply and submit application documents such as project report, the utilization of specific programmes, by the Marine Department organized relevant departments and expert reviews, review, approval of the provinces, autonomous regions and municipalities.
Uninhabited island exploitation involves the use of special-purpose Island, or even really necessary reclamation island and other serious changes the island natural topography, geomorphology, and approval by the State Council.
Exploitation of uninhabited islands for examination and approval of specific measures formulated by the State Council. 31st approved utilization of uninhabited islands, shall pay the fees.
However, due to national defense, corporate, education, disaster prevention and mitigation, non-operating public infrastructure construction and basic surveying and mapping, meteorological and other public service except for the use of Islands with no residents.
Uninhabited islands use the gold collection and use of management practices by the financial Department of the State Council in conjunction with the Marine Department under the State Council.
Article 32nd in uninhabited islands approved the construction of buildings or facilities shall, in accordance with planning restrictions on the protection and utilization of uninhabited islands can be used buildings and facilities construction, height, and the total distance from the coastline, its coordination with surrounded vegetation and landscape.
Article 33rd using waste water produced in the process of uninhabited islands, should be carried out in accordance with the provisions for treatment and disposal.
Utilization of uninhabited islands in the generation of solid waste, should be in accordance with the provisions of sound processing, disposal, banned to the waters around the uninhabited islands for disposal or dumping.
34th temporary use of Islands with no residents, no construction of permanent buildings or facilities in the island.
35th in the established by law for tourism activity can be carried out using uninhabited islands and the surrounding maritime areas, shall be constructed residents settle in places and shall not engage in productive activity; of productive farming activities already exists, should be prepared to use uninhabited islands conservation and utilization of appropriate pollution control measures identified in the plan.
Of the fourth section of special-purpose Island protection
36th State on the island, where the baseline point defence Islands, Islands in the marine nature reserve and other special purpose or special conservation value of the island, the implementation of special protection. 37th baseline point of the island, should be drawn by the Governments of provinces, autonomous regions and municipalities of the island protection, Marine Department under the State Council for the record.
Baseline point and its surrounding the scope of protection should be set clearly marked. Prohibition in the baseline point within the scope of the protection of works and other possible changes to the activities of the regional topography, geomorphology.
Really necessary to protecting the baseline point of the project, should be subject to scientific evidence submitted to the State Council approval formalities according to law after the Marine Department.
Damaged or without moving the baseline point logo is prohibited.
Marine Department of the people's Governments above the county level in accordance with national regulations, the baseline point of the island and its surrounding waters ecosystem to implement surveillance and monitoring. All units and individuals have the obligation to protect the baseline point of the island.
Found point of the territorial sea baseline point within the scope of protection of topography, landform destruction, shall promptly report to the competent departments of the local people's Government or the sea.
38th prohibits the destruction of defence uninhabited island's natural topography, geomorphology and the Islands defense area and the surrounding topography and landforms. Forbid the defense of uninhabited islands used for purposes unrelated to defense.
Upon termination of the defence, after approval by the military authorities, and information on the ecological protection of the island should be together, such as the surrender of the island provinces, autonomous regions and municipalities.
39th State Council and the State Council departments concerned and the coastal provinces, autonomous regions and municipalities, according to the natural resources of the island, the natural landscape and historical and cultural monuments protection needs, the Islands and the surrounding maritime areas with special conservation value, lawfully approved the establishment of marine reserves or special marine reserves.
Fourth chapter of supervision and inspection
40th relevant departments of the people's Governments above the county level shall, on island protection and development, construction supervision and inspection.
41st departments according to law of the sea of Islands with no residents protection and rational utilization of supervision and inspection.
Marine Department and marine surveillance authority shall conduct supervision and inspection on protection of waters around the island ecosystem.
42nd marine authorities to perform their duties of supervision and inspection, right to request units under inspection and individuals on issues relating to the use of the island to make notes, provides documents and information about the island; the right to enter into the inspected unit and individual using the island to conduct inspections. Inspectors carry out inspection duties, shall present a valid law enforcement credentials.
Units and individuals for inspection work shall cooperate, reflect the situation, provide the relevant documents and information, and shall not refuse or impede the inspection work. Article 43rd inspectors must be dedicated, impartial, honest and civilized service and subject to supervision according to law.
At the time to investigate and punish acts contrary to the provisions of this law, found that State personnel should be disciplined for offences, shall be appointed or the supervision authorities recommend disciplinary action.
The fifth chapter legal liability
Article 44th of the Marine Department or other protection departments responsible for the supervision and management of the island, finding violations or after receiving reports of violations should not be investigated and dealt with according to law, or other acts that do not perform their duties in accordance with the provisions of this law, by the competent departments of the people's Government of the people's Governments at the corresponding level or at the level correction is directly responsible in charge and other direct liable persons shall be given administrative sanctions.
45th in violation of the provisions of this law, changes within the nature reserve island coastline, reclamation, sea change the coastline of the island, or reclamation of island, in accordance with the People's Republic of China Sea area use Management Act are punishable.
46th in violation of the provisions of this law, exploiting, damaging the coral, coral reef, or cut the island surrounding waters of mangrove, in accordance with the People's Republic of China Law on marine environmental protection provisions.
47th in violation of the provisions of this law, in the uninhabited island quarry, excavation of sea sand, cut trees or acquisition of biological and non-biological samples, by the people's Governments above the county level of the Marine Department be ordered to desist from the illegal act, confiscate the illegal income, and may be fined not more than 20,000 yuan.
Violation of the provisions of this law, uninhabited islands for production and construction activities or tourism activities in the Organization, the people's Governments above the county level of the Marine Department be ordered to desist from the illegal act, confiscate the illegal income, and to a fine of less than 20,000 yuan and 200,000 yuan.
48th in violation of the provisions of this law, substantially alter the activity of the natural topography, geomorphology of uninhabited islands, marine authorities above the county level people's Governments shall be ordered to desist from the illegal act and fined 50,000 yuan and 500,000 yuan fine.
49th on the Islands and the surrounding maritime areas of illegal discharge of pollutants, in accordance with the relevant provisions of the environmental protection law.
50th article violation this method provides, in territorial waters basis points protection range within for engineering construction or other may change the regional terrain, and landforms activities, in temporary using of no residents Island built permanent buildings or facilities, or in law determine for carried out tourism activities of can using no residents Island built residents settled places of, by County above Government marine competent sector ordered stop violations, sentenced 20,000 yuan above 200,000 yuan following of fine.
51st damage or unauthorized Mobile logo at the base of the territorial sea, shall be subject to administrative penalties for public security.
52nd, damaging or endangering of settings of military facilities on the island, or damaged or move sets on the island aid to navigation navigation, survey, meteorological observation, ocean surveillance and seismic monitoring and other public welfare facilities, in accordance with the provisions of the relevant laws and administrative regulations.
53rd has no power to grant approval of the exploitation and utilization of uninhabited islands, beyond the approved approved utilization of uninhabited islands, or violations of island conservation plan approved utilization of uninhabited islands, approved file is invalid; directly responsible in charge and other direct liable persons shall be given administrative sanctions.
54th in violation of the provisions of this law, refuse to Marine Department supervision and inspection, accept supervision and inspection to deception, or does not provide the relevant documents and information, by the people's Governments above the county level of the Marine Department ordered corrective action and may be fined not more than 20,000 yuan.
55th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
Islands and the surrounding maritime areas ecosystem destruction caused, he shall bear civil liability.
The sixth chapter supplementary articles
56th management activities related to protection and low heights, mutatis mutandis, the relevant provisions of this law.
57th in this law, the following terms mean:
(A) the Islands and the surrounding maritime areas ecosystem refers to maintaining the island of island and coastline, sandy beaches, vegetation, freshwater and surrounding waters, communities and abiotic environment composed of organic complexes.
(B) an uninhabited island, and refers to the household registration does not belong to residents of addresses to the island.
(C) low heights, refers to the low tide is surrounded by water and above water but in the height of natural land areas submerged.
(D) Sea Island is through reclamation, such as island connected with the land or islands and Islands.
(E) the temporary use of Islands with no residents, business, teaching, scientific research, refers to disaster relief, short-term hedging needs boarding, docking behavior of uninhabited islands. 58th article this law shall enter into force on March 1, 2010.
