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People's Republic Of China Controlling The Coastal Engineering Project Management Of Pollution Damage To The Marine Environment Ordinance

Original Language Title: 中华人民共和国防治海岸工程建设项目污染损害海洋环境管理条例

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People's Republic of China promulgated by Decree No. 507, announced the State Council on changes of People's Republic of China controlling the coastal engineering project management of pollution damage to the marine environment Ordinance decision, since as of January 1, 2008. Prime Minister Wen September 25, 2007 State on modified People's Republic of China control coast engineering construction project pollution damage marine environment management Ordinance of decided State decided on People's Republic of China control coast engineering construction project pollution damage marine environment management Ordinance do following modified: a, and second article modified for: "this Ordinance by said coast engineering construction project, is refers to is located in coast or and Coast connection, engineering subject is located in coastline to land side, on marine environment produced effect of new, and Renovation or expansion projects. Specific including: "(a) port, and Terminal, and channel, and Marina airport engineering project;" (ii) shipyard, and repair shipyard; "(three) Marina thermal power station, and plant, and wind power station;" (four) Marina material storage facilities engineering project; "(five) Marina mine, and chemical, and light, and metallurgical, industrial project;" (six) solid waste, and sewage, pollutants processing disposal row Sea project; "(seven) Marina large farms;" (eight) coast protection engineering, and gravel field and into sea estuary at of water facilities; " (I) coastal oil exploration and development projects "(10) Environmental Protection Department under the State Council in conjunction with the State Department of marine coastal engineering projects.
"Second, seventh revised as follows:" the construction of coastal construction projects, should be at the feasibility study stage, preparation of environmental impact statements (table), in accordance with the provisions of laws and regulations on environmental protection, after examining by the relevant authority, environmental protection authorities.
"Approval from environmental protection departments in the coastal engineering prior to the project's environmental impact report, shall solicit the maritime, Fisheries Department and the Environmental Protection Department of the army. "Ban at the natural harbor of the shipping value in regional and important seed bases and production sites and water surfaces and tidal flats in the fish, shrimp, crabs, shellfish, algae's natural spawning, breeding, feeding grounds and important migration routes of land reclamation. "Three, 26th is revised as follows:" without approval of the audit and the environmental impact report (table), marine engineering construction projects, in accordance with the People's Republic of China 80th of the marine environmental protection law of the rules will be punished. "Four, 27th revised as follows:" refuse, obstruct make on-site inspections of the competent Department of environmental protection, or in check fraud, by the people's Governments above the county-level environment protection authority in accordance with the People's Republic of China 75th of the marine environmental protection law of the rules will be punished. "Five, 28th is amended as:" coastal construction projects completed or has failed to meet the requirements of environmental protection facilities, the project is put into production, use, in accordance with the People's Republic of China 81st of the marine environmental protection law of the rules will be punished.
"Six, deletes, 29th, 30th, 32nd, 33rd.
In addition, the provision and individual words in the order they make adjustments and modifications.
This decision shall enter into force on January 1, 2008.

People's Republic of China controlling the coastal engineering project management of pollution damage to the marine environment Ordinance to make corresponding changes in accordance with this decision, republished.
People's Republic of China controlling the coastal engineering project management of pollution damage to the marine environment Ordinance to strengthen the environmental protection of coastal construction projects management, and strictly control new pollution, protect and improve the marine environment, in accordance with the People's Republic of China Law on marine environmental protection, this Ordinance is enacted. Coastal construction projects referred to in article II of this Ordinance, is located on the coast or the coast connection, main coastline to the land side, have an impact on the marine environment of new construction, renovation or expansion projects.
Specific including: (a) port, and Terminal, and channel, and Marina airport engineering project; (ii) shipyard, and repair shipyard; (three) Marina thermal power station, and plant, and wind power station; (four) Marina material storage facilities engineering project; (five) Marina mine, and chemical, and light, and metallurgical, industrial project; (six) solid waste, and sewage, pollutants processing disposal row Sea project; (seven) Marina large farms; (eight) coast protection engineering, and gravel field and into sea estuary at of water facilities;
(I) coastal oil exploration and development projects, (10) Environmental Protection Department under the State Council in conjunction with the State Department of marine coastal engineering projects.
Thirdly, this Ordinance applies in People's Republic of China marine engineering construction projects in all units and individuals.
Environmental protection management of ship-building projects, in line with the implementation of the prevention of pollution from ship-breaking environmental regulations.
Fourth building coastal construction projects, should meet the requirements of regional environmental protection planning in the economic zone.
Fifth Environmental Protection Department under the State Council, responsible for the environmental protection of coastal construction projects nationwide.
Coastal local people's Governments at or above the county level environmental protection departments in charge of environmental protection of coastal construction projects within their respective administrative areas.
Article sixth building, rebuilding, expansion of coastal construction projects shall comply with State regulations on environmental management of construction projects.
Article seventh coastal engineering project construction units shall be at the feasibility study stage, preparation of environmental impact statements (table), in accordance with the provisions of laws and regulations on environmental protection, after examining by the relevant authority, environmental protection authorities.
Environmental protection authorities in approving coastal construction prior to the project's environmental impact report, shall solicit the maritime, Fisheries Department and the Environmental Protection Department of the army.
Prohibition in the natural area of the Harbour has shipping value, important seed bases and production sites and water surfaces and tidal flats in the fish, shrimp, crabs, shellfish, algae's natural spawning, breeding, feeding grounds and important migration routes of land reclamation.
Eighth article coast engineering construction project environment effect report book of content, except by about provides prepared outside, also should including: (a) location and near waters of environment status; (ii) construction process in the and built Hou may on marine environment caused of effect; (three) marine environmental protection measures and technology, and economic feasibility argument conclusion; (four) construction project marine environment effect evaluation conclusion.
Coastal construction project environmental impact report form should be filled out in the preceding paragraph.
Nineth prohibits the construction of the People's Republic of China waters and Coast onto pollution of Sino-foreign joint ventures, Chinese-foreign cooperative enterprises and foreign-funded enterprises imported technology and equipment of engineering construction project off the coast, there should be an appropriate pollution prevention and control measures to prevent shifting pollution. Tenth special marine protected areas, marine sanctuaries, coastal scenic area, salt reserves, beaches, important fishing areas and other areas that need special protection shall be built in polluting the environment, spoil the scenery coastal construction projects in its construction of coastal construction projects from outside the region, shall be without prejudice to the above the environmental quality of the area.
Except as otherwise provided by laws and regulations.
Article 11th coast unit of the construction project environmental impact assessment, shall obtain a certificate of qualification of the construction project environmental impact assessment, according to the evaluation certificate provided for in the scope of tasks.
12th coastal construction project when it is completed, construction projects of environmental protection facilities shall be subject upon the acceptance of the competent Department of environmental protection, the construction project be formally put into production or use. 13th people's Governments above the county level environmental protection authorities, in accordance with the project management rights, jointly with relevant departments to conduct on-site inspection of coastal construction projects, should reflect the situation of those under investigation, to provide information. Examiner has the responsibility to be checked to keep confidential the technological know-how and business secrets.
Except as otherwise provided by laws and regulations. Article 14th set the discharge into the sea of wastewater facilities, should be the rational use of water self-purification capacity, choose a good discharge outlet location.
Ditch or pipe exhaust and outlet pipe location should be below the low tide line.
15th construction of ports, docks, should set its handling capacity and to the kind of anti-pollution facilities.
Ports, oil terminals, chemical dangerous goods terminals, shall be equipped with emergency equipment and devices for major pollution accidents at sea.
Existing ports, terminals does not meet the requirements of the provisions of the preceding two paragraphs, by the Environmental Protection Department, in conjunction with ports, port authorities shall order its period setting, or package.
Article 16th Coast shipyards, docks, you should set up its properties, to adapt to the size of oil residues, sludge treatment facilities, receive oily waste water treatment facilities, oil, oil, oil facilities, industrial wastewater receives treatment facilities, industrial and garbage treatment facilities.
Article 17th coastal nuclear power plant and other nuclear facilities under construction, should strictly abide by relevant State nuclear and radiological protection requirements and standards of environmental protection.
Article 18th shore depots, receive oily waste water treatment facilities should be, farm ground washing wastewater collection, treatment and emergency facilities; oil pipeline and oil storage facilities shall conform to the national anti-leakage and corrosion requirements.
19th Marina mines, mining, mineral processing, transportation, storage, refining and tailings disposal process, shall be taken to prevent pollution damage to the marine environment in accordance with the relevant provisions of the measure.
20th Marina landfill sites or industrial waste landfill, should the construction of protective dams and seal the end of, a seepage collection, export, system and combustible gas explosion-proof equipment.
21st construction of shore protection works, construction of water conservancy facilities, at the estuary channel or comprehensive renovation project, measures should be taken and shall not harm the ecological environment and fishery resources. 22nd marine engineering construction projects shall not change, destruction of national and local protection of Wildlife Habitat.
Not building may have lead to the protection of wild animals and plants survive environmental pollution and destruction of coastal construction projects is required to construct, should ask the Department of wildlife administration permission, and measures taken by the unit responsible for the Organization, such as ex situ breeding to ensure species continues. In the fish, shrimp, crabs, shellfish and migratory passage built gates and dams, has a serious impact on fishery resources, the construction unit shall build facilities or take other remedial measures.

Article 23rd ownership units or individuals in the whole people's waters, coastal, construction is not of capital construction projects in aquaculture projects should be carried out in the area of the local people's Governments at or above the county level planning.
Sporadic gravel operating mining entities or individuals under collective ownership, local people's Governments at or above the county level should be within the specified area excavation.
24th is prohibited in the area of mangrove and coral reef growth, building destroyed mangrove and coral reef ecosystems of coastal construction projects.
25th Marine engineering construction projects, should prevent the coast leading to abnormal erosion. Prohibit in coastal protection facilities management Department under the coastal protection facilities within blasting, excavation of sand, soil and other activities against coastal protection facilities security.
Non-approval by the competent departments authorized by the State Council, shall not be occupied or demolished coastal protection facilities.
26th without the review and approval of an environmental impact report (table), marine engineering construction projects, in accordance with the People's Republic of China 80th of the marine environmental protection law of the rules will be punished.
27th refuses, prevents, make on-site inspections of the competent Department of environmental protection, or in check fraud, by the people's Governments above the county-level environment protection authority in accordance with the People's Republic of China 75th of the marine environmental protection law of the rules will be punished.
28th marine engineering construction projects of environmental protection facilities is completed or has failed to meet the requirements, the project is put into production, use, in accordance with the People's Republic of China 81st of the marine environmental protection law of the rules will be punished.
29th environmental protection department personnel who abuse their powers, neglect their duties, engage, by their work units or the competent authority administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 30th article of the regulations come into force on August 1, 1990.