People's Republic Of China Water Activity Navigation Safety Regulations

Original Language Title: 中华人民共和国水上水下活动通航安全管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347844.shtml

People's Republic of China water activity navigation safety regulations

    (January 27, 2011 Ministry of transport [2011] the 5th release as of March 1, 2011) first in order to maintain traffic order on water, protection of marine navigation, berthing and operation security, protection of the aquatic environment, in accordance with the People's Republic of China maritime traffic safety law and the People's Republic of China inland river transportation security regulations and other laws and regulations, this provision is enacted.

A citizen, legal person or any other organization in the People's Republic of China Inland navigable waters or shorelines and in areas under national jurisdiction in the following may affect navigation safety of underwater activities, these provisions shall apply:

(A) the exploration, excavation and blasting;

(B) to build, Setup, repair, demolition of surface and underwater structures or installations;

(C) erecting bridges, cableways;

(D) the laying, repair, demolition and underwater cable or pipeline;

(E) set the mooring buoy, pontoon, bitts and other facilities;

(F) the waterway, dredging the waters of waterways, the quay;

(VII) held a large-scale mass activities, sports competitions;

(VIII) salvaging a sunken ship, sink;

(I) in waters under national jurisdiction to investigate, measure, barge, large facilities and mobile platform towage, fishing, aquaculture, aquatic submarine construction activities such as science experiments and in port, roads, waterways and shipping services centres for other activities that impede the safety of navigation;

    (10) in inland navigable waters for meteorological observations, measurements, geological survey, fairway maintenance, large areas of clear water waste and other acts that might affect traffic safety in inland navigable waters.

    Third underwater navigation safety management activities should follow safety first, prevention, convenient to the masses, according to principles of management.

Fourth transportation departments under the State Council the national navigation safety management of underwater activities.

National maritime administrations in the Transportation Department, under the leadership of, responsible for the supervision and administration of traffic safety in the national underwater activities.

    Maritime administrative agencies according to their respective rights and responsibilities at all levels, are responsible for the supervision and administration of traffic safety in the area and underwater activities. Fifth in the provisions of article II, paragraph (a) to (I) and underwater activities the employer, sponsor or responsible for project construction, in accordance with the People's Republic of China regulations for maritime administrative licensing conditions clear conditions to apply to the activities of the maritime administrative agency shall be communicated to the appropriate material.

    Access issued by the maritime administration of the People's Republic of China water activity license (hereinafter licence), underwater activities can be carried out.

    Article sixth waters and underwater activities involving two or more of the maritime administrative agency, license application shall on a common level of maritime administrative agency or on the common level specified by the maritime administration maritime administration.

Article seventh and underwater activities need to set safe operation area should be approved by the maritime administration announcement.

    Unit or the organizer application for the establishment of safe operations can be made in conjunction with the license application to the maritime administrative agency.

    Article eighth of an emergency situation, the channel needs to be repaired or channel dredging, wharf frontier waters, companies can apply for construction.

    Nineth of license should allow and underwater activities organization name, ship name, time, water, active content, duration and so on. Tenth period of licence validity by the maritime administrative agency according to the activity of the period and the environmental characteristics of the waters to determine, should not be longer than three years.

    License validity period expires end of construction work, applicant shall permit expired before 20th to the maritime administrative agency for renewal, by the maritime administrative agency on the original license endorsement for extension period continued until the corresponding activities. 11th the license indicated on the changes that occur during ship and underwater activities, employer or sponsor should be made promptly to the licensing decision of the maritime administrative agency for the change.

Change before they are completed, appropriate to the ship shall not engage in change and underwater activities.

    License indicated on the implementation of the construction unit, active content, water changes, employer or host should re-apply for a permit.

12th under any of the following circumstances permit, an applicant shall promptly report to the original issuance of the maritime administrative agency, and for license cancellation procedures:

(A) the discontinuance of water related engineering and facilities;

(B) more than three months of not going to work;

(C) ahead of schedule;

(D) the license change to apply for new licenses;

(E) approval due to force majeure and underwater activities cannot be implemented;

    (F) the provisions of laws and administrative regulations administrative license shall be revoked in other circumstances.

    13th article in the provisions of article II, paragraph (10) of the activities set out in, it should work or activities programme of activities of the maritime administrative agency for record.

    Article 14th required issued navigational warnings, NOTAM and underwater activities, should be completed before starting the activities related procedures.

15th in accordance with State regulations required to establish the project's Wade may have an impact of traffic safety project, transportation authorities before the construction should be in accordance with the duty impact traffic safety in the Organization proves the examination, proves the examination as a condition of project approval.

    Underwater activities during construction or during activities on navigation safety, prevention of pollution from ships may pose a significant impact, the construction units or organizers should apply for prior permission from the maritime administration and underwater activities for navigation safety assessment.

    16th cross construction, construction units, owner and management units shall in accordance with the People's Republic of China Law on work safety requirements, establishes the perfect Wade engineering system and management system of water traffic safety, abide scrupulously by Wade during construction and use of water traffic safety related duties.

    17th article Wade engineering units should in engineering enrollment bid Qian on participation construction job of ship, and floating facilities clear should has of security standard and conditions, in engineering enrollment bid Hou urged construction units implementation construction process in the the security guarantees measures, will construction job ship, and floating facilities and the personnel and for construction job or activities service of all ship into water Shang traffic security management system, and with signed security agreement. Article 18th Wade, owner should strengthen safety production management of construction units, implement the safety responsibility. According to relevant laws, regulations and regulatory requirements, and clearly the safety management unit and construction units, and business person.

    Supervise the implementation of water traffic safety requirements and the prevention of pollution from ships, and navigation safety assessment and measures in the programme of activities for safety and pollution prevention measures.

    Article 19th Wade construction unit, the owner shall ensure water traffic safety facilities simultaneously with the principal part of the project design, construction, and put to use.

    Article 20th wading in engineering investigation and design units, the construction unit shall meet the qualification stipulated by laws and regulations.

    21st Wade construction units shall implement the national security operations and relevant laws and regulations such as fire and explosion, pollution prevention, and formulate the security programme, improve work safety conditions, adopt effective security measures, development of emergency response plan for the water and water navigation safety guarantee Wade project.

    22nd soak from the project owner, the management unit, effective measures shall be taken to ensure Ford engineering commissioning period, after the completion of water traffic safety.

Article 23rd during underwater activities, contractors and workers shall observe the following provisions:

(A) the operation approved by the maritime administrative agency, approved water and the use of approved shipping operation, shall be without prejudice to the normal navigation of other vessels;

(B) to inform the maritime administration construction progress and plans in a timely manner, and maintaining water good navigation environment;

(C) keep the vessels and floating facilities for safe navigation, berthing or engage in activities of the State; (D) the implementation of the operation or activities of vessels and installations should be in accordance with the relevant provisions of the provisions displayed in a visible place day and night lights sizes.

Site operations on board ships or alert is equipped with effective communication equipment, construction work or assigned alert during the event, and listening on the specified channel;

(E) to develop and implement effective preventive measures and banned random dumping of waste, prohibition of the violation of the body dumping construction waste, garbage from ships, discharge of pollutants from ships, sewage and other hazardous substances;

    (F) comply with the relevant provisions of water traffic safety and pollution prevention, and there shall be no overloading and other illegal activities.

    24th and underwater activities approved by the maritime administrative agency bulletin sets the security operation, the unit or units should be set related safety warning signs or guard ship and equipped with the necessary safety facilities, effective implementation of traffic safety measures in the evaluation of safety measures and countermeasures, and construction and navigation and other water traffic safety coordination.

25th and underwater activities with the approval of vessels and installations shall not enter the safety zone. Employer, organizer or construction without changing the scope of construction safety jobs.

    Needs to be changed, notice shall be approved by the maritime administrative agency.

    Article 26th on the surface and underwater activities may affect the safety of navigation obstruction, unit or organizers should change shape, size, position, and depth of accurate reporting of the maritime administrative agency, as requested by the maritime administrative agency set the flag and follow the navigation requirements and the requirements of the relevant provisions clear remnants.

Upon completion of 27th and underwater activities and any remnants of unit or the organizer shall not impede navigation of objects, and navigation safety report to the maritime administrative agency. A maritime administrative agency after receiving the traffic safety report shall be verified in a timely manner.
Verification found that there are obstacles to navigation and operations security risks, the maritime administrative agency has the right to suspend or restrict Wade project is put into use.

    28th the maritime administrative agency shall establish Wade construction job site supervision and examination system or activity, law to check the unit and construction units of ships, facilities, personnel, navigation safety on the water conditions and the safeguards implementation to take navigation.

    Relevant entities and persons shall cooperate with.

29th under any of the following circumstances, the maritime administrative agency shall order the employer, the construction immediately stop construction jobs and take safety precautions.

(A) due to adverse natural conditions seriously affect safety;

(B) construction water traffic accidents occurred in the waters, threatening around the safety of human life and property;

    (C) other circumstances that seriously affect the safety or navigation safety in construction work.

30th under any of the following circumstances, the maritime administrative agency shall be ordered to correct, refuses, the maritime administrative agency shall be ordered to stop operations:

(A) the construction or safety management responsibility of owner failure to comply;

(B) has failed to implement the security evaluation of traffic safety measures;

(C) the unauthorized change or increase the construction of ships;

(D) is not required to take safety and pollution prevention measures and underwater activities;

(E) employment does not meet the safety standards of the ship underwater activities and facilities;

    (Vi) others do not meet production safety situation. 31st the maritime administrative agency shall establish Wade construction units of water traffic safety system and mechanism of rewards and punishments.

During the process of supervision and inspection to notice the following circumstances occur:

(A) in the course of construction for water traffic accident and of pollution accident by ship, caused casualties and major water pollution;

(B) obtaining licenses and illegal construction by improper means;

    (C) are not subject to management, usage not in accordance with the regulations on the implementation of the water traffic safety measures or major traffic safety hazards exist, refuses to force construction.

    32nd in violation of this provision, withholding relevant information or provide false materials, obtain licenses by deceit or other improper means, by the maritime administrative agency revoke the licensing for their aquatic submarine construction work, cancellation of its license, and to a fine of up to 5000 Yuan and 30,000 yuan. 33rd under any of the following acts or circumstances, the maritime administrative agency shall order the operation units and construction of a ship and the facility immediately cease operation, rectification, and to a fine of up to 5000 Yuan and 30,000 yuan.

Belonging to the Inland navigable waters and underwater activities, more than 5000 Yuan and fined not more than 50,000 Yuan:

(A) shall apply for a permit but have not obtained unauthorized underwater activity;

(B) after the license has expired and underwater activities;

(C) use altered or illegal licenses of underwater activities;

    (Iv) was not prepared according to the provisions of underwater activities.

34th article of any of the following acts or circumstances, the maritime administrative agency shall be ordered to correct, and may impose a fine of less than 2000 Yuan; it refuses, the maritime administrative agency shall order the operation units and construction of ships and facilities operations.

(A) does not apply to the relevant provisions issued navigational warnings, NOTAM shall be implemented and underwater activities;

    (B) water activities and navigational warnings, NOTAM bulletin content. 35th is not made according to the provisions of permits, unauthorized construction, set surface and underwater structures or installations, prohibiting any ship berthing operations.

    Affect navigable waters, shall order the removal or demolition of the building, set deadline, costs related to the relocation or removal by the building, set on its own.

    36th article violates this provision failed to properly deal with impeding navigation and operations safety and in accordance with the requirements of the maritime administrative agency to take clear, set the flag, signaling and other measures, by the maritime administrative agency shall be ordered to correct, and to a fine of up to 5000 Yuan and 30,000 yuan.

    37th maritime management staff not in accordance with the statutory conditions for maritime administrative licensing or does not perform its duties conducting supervision and inspection, abuse, deception, negligence and other acts, by their institutions or parent body shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    Article 38th in naval and fishing ports in the conduct of activities related to water, in accordance with the relevant provisions of the State. 39th article of the regulations come into force on March 1, 2011. On October 8, 1999 issued by the Ministry of the People's Republic of China aquatic submarine construction work of the navigation safety regulations (1999, traffic, 4th) repealed simultaneously.