People's Republic of China 61st President of the People's Republic of China Sea area use management law by the People's Republic of China ninth national people's Congress Standing Committee 24th meeting, adopted on October 27, 2001, are hereby promulgated and come into force since January 1, 2002. People's Republic of China President Jiang Zemin's October 27, 2001 People's Republic of China Sea area use management law (October 27, 2001 adopted by the 24th session of the Standing Committee of the ninth) contents chapter I General provisions chapter II Marine function zoning chapter III application, examination and approval of sea waters right to the fifth chapter of the fourth chapter 　Gold sixth seventh eighth chapter legal liability of supervision and inspection annex chapter I General provisions article in order to strengthen the management of sea area use, protect legal rights of ownership and right to use sea areas in national waters, promote the rational development and sustainable utilization of seas, this law is enacted.　　Waters referred to in article II of this law refers to People's Republic of China internal waters, territorial sea waters, waters, seabed and subsoil.　　Water in this law refers to People's Republic of China waters of the landward side of the baseline of the territorial sea to the shoreline. 　People's Republic of China internal waters, territorial sea with a specific exclusive sea waters for more than three months, this law shall apply. Article area is owned by the State, on behalf of the State exercise the ownership of waters of the State Council.　　No unit or individual may appropriate, buy, sell or otherwise transfer of waters. 　Units and individuals to use waters, must be legally obtained right to use sea areas. Fourth national implemented marine function zoning system.　　Sea area must meet marine functional zoning. 　State exercise strict control of reclamation and sea change sea nature ocean activities. 　Fifth State establishes sea area use management information systems of sea area usage implement surveillance and monitoring.　　Sixth national maritime right registration system established, registered according to law the right to use sea areas are protected by law. 　National system of establishing sea area usage statistics, released waters usage statistics on a regular basis. Seventh marine administrative departments under the State Council is responsible for the national supervision and management of sea area use.　　Coastal marine administrative departments under the people's Governments at and above the county level, in charge of the districts adjacent to the supervision and management of sea area use.　　Department of fishery administration in accordance with the People's Republic of China fisheries law, to exercise supervision over and management of marine fisheries. 　The maritime administrative agency in accordance with the People's Republic of China maritime traffic safety law, exercise supervision over and management of maritime safety. 　Eighth article of any units and individuals have the obligation to comply with the sea area use management laws and regulations, and management of sea area use the right to violate the laws and regulations acts impeach and accuse. Nineth in protection and rational use of waters and associated research of outstanding units and individuals, by Government incentives.　　Marine functional zoning chapter II article tenth marine administrative departments of the State Council in conjunction with the relevant departments and coastal provinces, autonomous regions and municipalities, the national marine functional zoning. 　Coastal marine administrative departments of the people's Governments at and above the county level shall, in conjunction with the relevant departments of the people's Government, based on the level of the marine function zoning, local marine functional zoning. 　11th article marine function Division according to following principles prepared: (a) according to waters of location, and natural resources and natural environment, natural property, science determine waters function; (ii) according to economic and social development of need, and manpower arrangements the about industry with sea; (three) protection and improved ecological environment, guarantees waters can continued using, promote marine economic of development; (four) guarantees sea traffic security; (five) guarantees Defense Security, guarantee military with sea need.　　Grading article 12th marine function zoning approval.　　National Marine functional zoning, approved by the State Council.　　Marine functional zonation of coastal provinces, autonomous regions and municipalities, by the examination and approval of the people's Governments of provinces, autonomous regions and municipalities, approved by the State Council. 　Coastal city and County marine function zoning, the city and county governments for examination and approval, the approval of the people's Governments of provinces, autonomous regions and municipalities, marine administrative departments under the State Council for the record.　　13th Marine function zoning changes, the original organ of formulation in conjunction with the departments concerned on modifications, the original approval authority without approval, and shall not change the waters of marine functional zoning determines function. 　Approved by the State Council, due to public interest, national security or large-scale infrastructure construction such as energy, transport, needs to change its marine function zoning, according to the State Department's approval to modify marine functional zoning. 　14th marine function zoning approval, shall be announced to the public, but parts involving State secrets.　　15th culture, salt, transport, tourism and other industries plan involves the use of sea areas shall comply with marine functional zoning. Coastal land-use planning, town planning, port plans involving the use of sea areas should be dovetailed with the marine functional zoning.　　Chapter III application, examination and approval of sea area use 16th units and individuals can contribute to marine administrative departments of the people's Governments above the county level to apply for used waters. 　Apply for used waters, the applicant shall submit the following documentation: (a) sea application; (b) sea area use demonstration materials and (iii) credit related materials; (d) the laws, regulations and other written materials.　　Article 17th marine administrative departments of the people's Governments above the county level based on marine function zoning, to audit the area application, and in accordance with the provisions of this law and the people's Governments of provinces, autonomous regions and municipalities, have the right of approval of the people's Government. 　Review sea application marine administrative departments should seek the views of relevant departments at the same level.　　18th article following project with sea, should reported State approval: (a) fill sea 50 hectares above of project with sea; (ii) surrounding sea 100 hectares above of project with sea; (three) not change waters natural property of with sea 700 hectares above of project with sea; (four) national major construction project with sea; (five) State provides of other project with sea. Items other than those stipulated in the preceding paragraph with permission of the sea, authorized by the State Council people's Governments of provinces, autonomous regions and municipalities. Waters article 19th of the right of the fourth chapter after the application is approved by the law, the State Council approval for the use of the sea, marine administrative departments under the State Council register, applicants will be issued maritime right of sea area use certificates to local government approval for the use of the sea, by local people's Governments register applicants will be issued maritime right of sea area use certificates. 　Sea area from the date it receives the ownership certificate of the applicant, made sea areas. 20th sea areas except in accordance with this law article 19th way, but can also be achieved by way of bidding or auction. Bidding or auction scheme developed by the Department of marine administration, has the right to approve after the Government approved organization.　　Marine administrative departments to develop bidding or auction, shall solicit the views of the relevant departments at the same level. Upon completion of the tender or auction, the winning bidder or the buyer will be issued according to law maritime right certificate. 　The winning bidder or the buyer from the date it receives the ownership certificate, make sea areas.　　Article 21st maritime right certificates issued shall be announced to the public.　　Maritime right certificates issued, with the exception of legally collected Sea Grant, shall not be charged other fees. 　Maritime right certificate issuance and management, stipulated by the State Council. 　22nd before the implementation of this law, has been run by the rural collective economic organization or village committees, management, farming the sea, in conformity with the marine function zoning, approved by the local people's Governments at the county level, right to use sea areas can be determined for the rural collective economic organization or village Committee, contracted by the members of the collective economic organizations, used for production.　　Waters use right according to law the use of the 23rd and reap the benefits of the rights protected by law and no unit or individuals may infringe upon it. 　People shall have the right to use sea areas of the protection and rational use of waters obligations; people of right to use maritime space without prejudice to their legal use of non-exclusive sea waters shall not be obstructed.　　Waters use right of use of the 24th period, without approval and shall not engage in basic surveying and mapping of the sea. 　Right to use maritime space found by using maritime natural resources and natural conditions when a significant change occurs and shall promptly report to the Department of marine administration. 　25th article waters right highest term, according to following uses determine: (a) farming with sea 15 years; (ii) split ship with sea 20 years; (three) tourism, and entertainment with sea 25 years; (four) salt, and mining with sea 30 years; (five) public career with sea 40 years; (six) port, and repair shipyard, construction engineering with sea 50 years. Expiry of the 26th maritime right, people need to continue to use the waters of the sea area use right shall be not later than two months before the expiration of the original approval for the use of sea renewal of people's Government. Pursuant to the public interest or national security require the recovery of maritime right of use, but people's Governments shall approve the renewal of the original approval for the use of the sea. 　Grant and renewal of sea waters right of use shall pay the renewal fees.　　27th due to merger, Division or joint venture, contractual joint venture and others, changes of right to use maritime space, subject to approval of the original approval for the use of the sea. Right to use sea areas can be transferred according to law.　　Marine transfer of the right to specific measures formulated by the State Council. 　Right to use sea areas can be inherited according to law. 　28th article of right to use maritime space without changing the authorized waters; does need to change, in accordance with marine functional zoning of the premise, the original approval for the use of the sea people's Government. Article 29th Expiry of the right to use sea areas without applying for extension or renewal is not approved, maritime right of termination. 　After the termination of right to use sea areas, and original right to use sea areas should be removed could cause pollution of the marine environment or effects with another project of marine facilities and structures.　　Article 30th due to the public interest or national security needs, the original approval for the use of the sea maritime right of recovery by the Government according to law. 　In accordance with the provisions of the preceding paragraph if issued before the expiry of the right of sea area using rights in waters, the waters usage right shall pay appropriate compensation.　　31st due to sea right disputes, negotiated settlement by the parties themselves, by the Department of marine administration under the people's Governments above the county level mediation; the party may also directly bring a lawsuit. 　Right before the disputes in waters, sea area use no party shall change the status quo.　　32nd reclamation project after the completion of the formation of land belongs to the State. Waters usage right shall, from the date of completion of the reclamation project within three months, with sea use rights certificate, submitted to the land administrative departments of the people's Governments above the county level land registration applications, the people's Governments above the county level shall register and renewal of State-owned land use right certificate, confirmation of land tenure.　　Chapter fifth Sea King 33rd State applies the system of paid use of sea area. Units and individuals to use sea waters shall be paid in accordance with the provisions of the State Council to use gold.　　Sea of gold should be surrendered in accordance with State finances. 　The fishermen use waters engaged in farming activities collection of sea area use the concrete implementation steps and methods, shall be separately formulated by the State Council. 　34th according to the different nature of the sea, or situations, and use gold to pay or annual yearly paid pursuant to the provisions. 　35th following sea, exempt from the Sea King: (a) military sea, (ii) a public vessel docks with sea, (iii) non-operational sea waterways, roads and other transportation infrastructure; (iv) teaching, scientific research and disaster prevention and mitigation, maritime search and rescue and salvage non-profit public welfare undertakings, such as the sea. Article 36th following sea, according to the financial Department of the State Council and marine administrative departments under the State Council, have the right of approval of the peoples government financial departments and marine administrative departments for examination and approval, reduction or exemption from Sea King: (a) public facilities by sea, (ii) sea for major State construction projects, (iii) breeding with sea.　　Sixth chapter of supervision and inspection article 37th marine administrative departments of the people's Governments above the county level shall strengthen the supervision and inspection of the area. 　Financial Department of the people's Governments above the county level shall strengthen the supervision and inspection of sea area use gold status. Article 38th marine administrative departments should strengthen the team construction and improve the management of sea area use the political and professional quality of supervision and inspection personnel.　　Sea area use management supervision and inspection personnel must enforce the law impartially, dedicated, honest, civil service, and shall be subject to supervision. 　Marine administrative departments and their staff shall not participate in and engage in production and business activities related to the sea. 　39th article County above Government marine administrative competent sector perform supervision check duties Shi, right to take following measures: (a) requirements was check units or personal provides waters using of about file and information; (ii) requirements was check units or personal on waters using of about problem made description; (three) into was check units or personal occupied of waters site for exploration; (four) ordered party stop is for of violations.　　40th sea area use management supervision and inspection personnel when performing their duties of supervision and inspection, shall produce a valid law enforcement certificates. 　Units and individuals on marine administrative supervision and inspection departments shall cooperate, and may not refuse or impede the supervision and inspection personnel performing official business according to law. 41st exercising the right of supervision and management of the sea in accordance with law in maritime law enforcement, should work closely with the relevant departments, mutual support and common ownership in national waters and the legitimate interests of right to use maritime space. 　Seventh chapter legal responsibility 42nd article without approved or cheat approved, illegal occupied waters of, ordered returned illegal occupied of waters, recovery waters undisturbed, confiscated illegal proceeds, and at illegal occupied waters during within the waters area should paid of waters using gold five times times above 15 times times following of fine; on without approved or cheat approved, for surrounding sea, and fill sea activities of, and at illegal occupied waters during within the waters area should paid of waters using gold 10 times times above 20 times times following of fine. 　Article 43rd to approve waters unit illegally approving the use of the use of, beyond the approved illegally approved the use of waters or not approved by the marine functional zoning using waters approved file is invalid, recover the illegal use of waters; directly responsible for illegally approving the use of waters of the managers and other persons directly responsible shall be given administrative sanctions. 44th article violates this law article 23rd, waters use right according to law the use of the obstruction, nuisance, right to use maritime space marine administrative departments can request the removal of obstacles, and may initiate litigation to the people's Court according to law; losses caused, may request damage compensation according to law. @ Ye ne every? 　Violation of this law article 26th, expiry of the right to use sea areas without going through the formalities continued to use waters, ordered, and may be fined not more than 10,000 who refuses to apply for, be punished as illegal occupation of waters. 　46th article 28th of violation of the law, without changing the use of sea areas, rectification, confiscate the illegal income, and illegal change of sea area use the waters of the sea area should be paid within a period of using the gold five times more than 15 times the following fine refuses, waters the Government cancellation of a certificate of the right of the issued by certificate of the right to, maritime right of recovery. 　47th in violation of article 29th of this law stipulates that the maritime right of termination, the original person not complying with the provisions of the right to use sea areas removed the sea facilities and structures shall be ordered to dismantle; late refused to dismantle, fines of between 50,000 yuan, and by the Department of marine administration under the people's Governments above the county level shall delegate unit removal, the cost borne by the original right to use maritime space. 　48th in violation of the provisions of this law, annual yearly pay Golden waters usage right to use sea areas not regularly paid use of sea areas, prescribed date; the deadline is still refusing to pay, waters the Government cancellation of a certificate of the right of the issued by certificate of the right to, maritime right of recovery. 　49th in violation of the provisions of this law, rejecting marine administrative departments of supervision and inspection, not to truthfully report the situation or provide relevant information, rectification, given a warning and a fine of up to 20,000 yuan. 50th administrative penalties stipulated in this law, by the Department of marine administration under the people's Governments above the county level shall ex officio decision. 　However, the punishment is provided for in this law, except as stipulated. 51st state marine administrative departments and local people's Governments at or above the county level in violation of this law maritime right certificates issued, or maritime right certificate issued does not supervise or that the violation is not investigated, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions; favoritism, abuse of power or dereliction of duty constitutes a crime, criminal responsibility shall be investigated according to law. 　Eighth chapter supplementary articles article 52nd in the People's Republic of China inland waters and territorial sea of less than three months, might impact national security, maritime safety and others with significant impact on sea activities exclusive of marine activities, reference to the relevant provisions of this law permits provisional waters. 　53rd military sea management approach formulated by the State Council and the Central Military Commission in accordance with this law. 54th article this law shall enter into force on January 1, 2002.