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Administrative Provisions On Marine Environmental Protection Of Hebei Province

Original Language Title: 河北省海洋环境保护管理规定

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Protection of the marine environment in Northern Province

(Adopted by Decree No. 10 of 3 December 2012 [2012] of the People's Government of the Northern Province of the River on 22 November 2012]

Chapter I General

Article 1 provides for the protection and improvement of the marine environment, the protection of marine resources, the prevention of pollution damage, the preservation of ecological balance, the promotion of economic and social sustainable development, in line with the laws, regulations and regulations of the People's Republic of China Act on the Protection of the Marine Environment.

Article 2 engages in activities such as navigation, exploration, development, production, tourism and scientific research within the jurisdiction of the province or in units and individuals involved in activities affecting the marine environment within the territorial waters of the province.

The activities that affect the marine environment outside the jurisdiction of my province have resulted in contamination of the sea or damage to the marine ecological environment in my province and are governed by the relevant laws, regulations and regulations.

Article 3 protects the marine environment and should be guided by the principles of integration and development of construction and environmental protection in land and sea, the combination of pollution governance and ecological recovery, and the harm to the environment and the responsibility of the responsible person.

Article IV. Governments of the coastal zone, municipalities, districts and territories (markets, zones) should strengthen their leadership in the protection of the marine environment by organizing systems such as placing emphasis on marine pollution control, compensation for environmental damage, compensation for fisheries resources and joint enforcement mechanisms of the relevant administrative law enforcement authorities to address the major issues of marine environmental protection in a timely manner.

Article 5

More than the people at the district level are responsible for monitoring the management of the marine environment in the area under the jurisdiction of the current Government, organizing investigations, monitoring, evaluation, scientific research and the protection, rehabilitation of the ecological environment of the marine engineering project and other marine development activities and environmental protection of marine pollution damage by marine dump wastes.

Maritime administrative authorities are responsible for overseeing the management of non-military fishing, non-military ship pollution of the marine environment in the waters of the sea in the area of the ports, and are responsible for the investigation of pollution accidents; and conducting a rotation inspection of contaminated accidents caused by vessels of foreign origin in navigation, parking and operation in the jurisdiction of the sea. The damage caused by ship pollution accidents to fisheries should be absorbed by the fisheries administration authorities in the investigation.

The authorities of the Governments of the provinces and coastal zones (markets, zones) are responsible for overseeing the management of the marine environment contaminated by non-military vessels and fishing vessels in the waters of the fishing sea in the sea, for ecological environmental protection in fisheries waters under the jurisdiction of the Government and for investigating fisheries contamination accidents other than pre-polluted accidents.

Other relevant sectors are mandated to work related to the protection of the marine environment.

The protection of the marine environment should be integrated into local national economic and social development planning and the examination of environmental protection responsibilities of the local population over the sea level.

Article 7. Funds for the protection of the marine environment, such as marine eco-building and monitoring of the marine environment, are included in the financial budget as prescribed.

Article 8

Article 9, any unit and individual have the obligation to protect the marine environment and has the right to monitor and report violations committed by units, individuals and marine environmental monitors of the pollution of the marine environment and to claim damages in accordance with the law.

Sectors that exercise the authority to monitor the marine environment, such as the provincial and coastal zones, the city, the district, the people's government, environmental protection, ocean, fisheries administration authorities and maritime administrative authorities at all levels, should establish social oversight, reporting systems, and make public information available to the community.

Chapter II

Article 10

Article 11. The Government of the Provincial People's Governments in the relevant sectors and in the coastal zone shall prepare relevant planning, based on national capacity-building planning for the prevention of pollution of the marine environment by ships and their operations, and be responsible for organizing implementation.

Article 12. The municipalities, districts (markets, zones) and sectors at all levels exercising the authority to monitor the marine environment should strengthen marine environment monitoring, surveillance networks and establish mechanisms for monitoring and monitoring information-sharing for the sound marine environment.

Monitoring, surveillance of the marine environment at all levels in sectors exercising the authority to monitor the marine environment should be integrated into the monitoring of the marine environment throughout the province, the harmonization of surveillance networks and the sharing of information resources.

Article 13 Other sectors exercising the authority to monitor the marine environment are mandated to carry out monitoring, surveillance efforts relating to the marine environment in the area.

The units providing environmental survey, monitoring, surveillance and surveillance information to society should be established in accordance with the requirements of marine environmental protection planning and certified by law.

Article 15. The authorities of the marine administration of the people at the district level should conduct regular assessment of the marine environment under the jurisdiction of the Government. The main elements of the survey evaluation include: marine biological resources, the state of the ecological environment of the oceans and the basic conditions of priority maritime areas, and the release of major river pollutants.

Article 16 Governments of the provinces and coastal zones (communes, zones) and their relevant sectors should establish emergency preparedness cases for marine environmental pollution accidents and triggers, storm surges, tsunamis, sea ices and sea winds, large-scale symnes.

Article 17 Possible units for major marine environmental pollution accidents in the coastal area and maritime oil exploration development, maritime transport, seabed pipeline transport units should be established in accordance with the relevant national provisions, with the necessary emergency facilities, equipment, and the provision of emergency pre-emptions to local people's environmental protection, marine administrative authorities. An emergency advance of units that may occur with major maritime spills should also be reported to local maritime administrative authorities.

Article 18 is due to accidents or other sudden-onset events that may result in or may result in marine environmental pollution accidents, and the parties should take immediate and effective measures to avoid or reduce pollution damage, to communicate promptly to those who may be victims and to receive an investigation in the near-term sectoral reports to the exercise of the authority to monitor the marine environment.

The parties have not been able to take effective measures in a timely manner, and the authorities exercising the authority to monitor the marine environment are mandated to take emergency disposal measures to avoid or reduce pollution damage. The costs required for the adoption of emergency response measures are borne by those responsible.

The Government of the population of the provinces and coastal zones (communes, zones) should immediately launch the related emergency scenarios, and to organize, in a timely manner, effective measures in the relevant sectors and units to address disaster risk reduction and contamination.

Article 20

As a result of the operation of sea-based humiliation and major engineering projects that may affect the marine environment of the municipalities or districts (markets, zones) in neighbouring areas, the environmental protection of the environment, the marine administrative authorities, prior to the processing of the relevant administrative licences, shall seek the views of the municipalities or the people of the districts (markets, areas). Differences exist in the municipalities or in the communes (markets, districts) in neighbouring areas, which can be addressed in coordination with the highest-level people's Government.

Article 21 Departments exercising the authority to monitor the marine environment should immediately stop and investigate evidence and, if necessary, take effective measures to prevent the expansion of pollution. The sectors exercising the authority to monitor the marine environment have found that marine environmental pollution accidents or violations of the laws, regulations and regulations governing the protection of the marine environment are not covered by this sector and should be notified promptly. The relevant sectors should be dealt with by law.

Chapter III

Article 22 protects and rehabilitates the typical marine ecosystems such as the provinces and coastal zones, the communes (communes, zones) and their relevant sectors should enhance the protection of marine biodiversity, important marine ecological regions and ocean landscapes, organize protection and rehabilitation, and implement conservation measures for marine biological resources, such as near sea breeding, artificial reefs.

Article 23 of this province selects and establishes marine natural protected areas in accordance with the relevant provisions of the State, and will dedicate areas with special geographical conditions, ecosystems, biological and non-bi biological resources and marine resources to develop special marine protected areas.

Article 24 shall determine the environmental capacity of protected areas, establish a capacity assessment system for protected area resources, and prevent damage to the marine environment and marine resources of protected areas from exploitation activities.

Article 25 units and individuals involved in resource development activities in marine natural protected areas should comply with the relevant management provisions of protected areas, undertake protection obligations for the marine environment and marine resources, and assist protected management in the governance and recovery of the marine ecological environment.

Article 26 Governments of the coastal establishments, districts (markets, zones) and their related sectors should build coastal protection facilities, coastal protection forests, coastal parking forests and green areas, in conjunction with local natural environmental characteristics, and integrate coastal erosion and seawater intrusion areas.

Article 27 engages in the filling of the sea shall take the way forward. No unit or person shall be allowed to use toxicly harmful solid waste perimeter and be filled.

Article 28 develops the use of unresidents and their surrounding maritime areas and should take stringent ecological protection measures to strictly restrict activities such as the destruction of the island, the quantification, the excavation or the construction of an entity's dam.

Article 29 severely restricts the construction of coastal, marine engineering projects in priority Gulf, priority river zones, and the construction of public safety, such as disaster risk reduction, without serious implications for the exchange of water, tidal corridors, flooding and navigation safety, and the adoption of rigorous measures for the protection and ecological environmental rehabilitation of the marine environment in the context of project construction.

Article 31 prohibits the exploitation of sea sands and the extraction of land in the State and in the province, any unit and individual shall not engage in the extraction and extraction of land.

Strict restrictions on the use of stones, excavations and soils on the coast prevent coastal erosion.

Chapter IV

The Government of the people of the coastal zone, the city, the city, the district, and the province concerned the implementation of the overall control regime for priority maritime areas.

The authorities of the provincial people's marine administration should work with the relevant departments to develop the overall control indicators for pollutant polluters across the province and the main pollutant fertilization control plan, which was approved by the Government.

The Government of the coastal zone, the city, the city, the district, and the people of the coastal area shall establish a programme for control of the total marine pollutant pollutant pollutant pollutant pollutant pollutant levels, in accordance with the overall territorial pollutant control indicators and the main pollutant fertilization control plan, respectively.

The water quality management programme developed in the city of the coastal area should be aligned with the current level of marine functionality and marine environmental protection planning. The water quality of the sea river should be in line with the requirements for ocean functional areas and marine environmental protection planning.

Article 33 establishing sea-based polluters and emissions of land-based pollutants to the sea shall be in line with the requirements of the marine functional area, the marine environment protection planning.

Emissions of land-based pollutants to the sea must be governed by the law. The types, quantity and concentrations of emissions of pollutant substances should not exceed the standards set by the State and the province. Information on pollutant emissions should be sent to local government authorities for environmental protection and ocean administration.

Article 34 prohibits new territorial effluences in areas requiring special protection in marine natural protected areas, marine special protected areas, important fisheries waters, salinary waters and sea Yokohama, tourist holiday areas.

Article XV Coastal Governments and their relevant sectors, units should organize the construction and improvement of sewage concentration facilities in coastal towns and industrial parks, centralizing sewerage in urban and industrial parks, and achieving mark emissions.

Urban sewerage is concentrated in the urban sewerage, hotels, tourist sites that cover regional outlets, and should build sewerage facilities to harmonize wastewater treatment and discharges from the unit.

Emissions of refrigeration and heat wastewater to sea areas must take effective measures to meet the requirements for the quality of the marine environment issued by the State.

The Government of the people of the provinces and the coastal areas (markets, zones) should organize the construction and improvement of drainage facilities and sewerage facilities with ports.

Large medium-sized ports in the coastal area should build a ship waste concentration facility or commission a combination of ship waste in accordance with the law.

Article 37 units engaged in maritime transport and production operations, individuals are not allowed to release oil-contained water, pressure water, waste, ship garbage or other hazardous substances.

pollutants, such as the living of vessels from the sanitary area, tensive water and ship garbage, should be subject to treatment by the relevant sanitary sector.

Article 338 The authorities of the Government of Fisheries Administration in the provinces and coastal establishments should be structured in accordance with ocean functional areas, marine environmental protection planning and fisheries breeding planning, with a view to rationalizing breeding areas, controlling the scale of breeding and preventing pollution of the marine environment.

Article 39 damage to the marine ecological environment, fisheries resources caused by accidents involving construction, release, dumping or marine environmental pollution, and by the local authorities of the people's marine, fishing administrations on behalf of the responsible persons, makes compensation for marine environmental damage and damage to fisheries resources.

Chapter V

Article 40 new construction, alteration, expansion of the coast, marine engineering construction projects should be in line with the requirements for ocean functional areas and marine environmental protection planning and carry out environmental impact evaluation in accordance with the law.

Article 40 Coastal, marine engineering projects should be prepared in accordance with the law on environmental impact reports (statements).

The report on the environmental impact of coastal construction projects (Tables) is submitted to the executive authorities of environmental protection for review of approval, as required by the maritime administration authorities, and the report on environmental impact of marine construction projects (Tables) is submitted to the Environmental Protection Administration authorities for approval by the Maritime Administration.

Prior to the approval or approval of the environmental impact report (Tables), environmental protection, ocean administration authorities should seek the views of the relevant sectors, such as maritime, fishing.

Article 42 Review of the authorization of the report on environmental impact evaluation of coastal engineering construction projects, in accordance with the relevant provisions of the State and the province.

Article 43 thirteenth reports on environmental impact of marine construction projects approved by the competent national maritime administrations (Tables), in accordance with the relevant legislation, administrative regulations.

The following report on environmental impact of marine construction projects (Tables) was approved by the Ministry's Government's Maritime Administration authorities.

(i) A construction project to be approved, approved or submitted by the relevant departments of the Government of the province;

(ii) Construction projects for less than 50 hectares of land area and construction projects for more than 60 hectares;

(iii) Construction projects in the area of urban jurisdiction across the area;

(iv) Provincial marine natural protected areas and construction projects for special marine protected areas;

(v) Other construction projects provided by the Government of the province.

The environmental impact evaluation report (Tables) of marine construction projects other than the provisions of paragraph 1, paragraph 2, is subject to approval by the territorial authorities of the Government of the People's Maritime Administration, in accordance with the division of labour authority established by the authorities of the territorial Government.

Article 44 provides that, prior to the approval or approval of procedures for the environmental impact of the project on coastal, marine engineering construction, the construction unit shall hold a validation, hearing or otherwise seek advice from the relevant units, experts and the public. The environmental impact reports sent by the construction units should be accompanied by the relevant units, experts and the public's observations and the information note.

The construction unit must hold a hearing before approval or approval of the environmental impact report for the application of the perimeter, the completion of the construction project.

Article 42 (Tables) does not authorize or approve the construction of coastal, marine engineering projects and construction units shall not be open.

Article 46 Ratify, approval process and post-environmental impact evaluation of coastal, marine engineering construction projects, in accordance with the relevant provisions of the State and the province.

Following approval or approval of the report on the environmental impact of coastal, marine engineering projects, the nature, size, location, adoption of production processes or measures to combat marine environmental pollution, measures to prevent marine environmental damage, and the construction of projects from the date of approval or approval of the environmental impact report (Tables) or the construction of construction of the project beyond five years of start-up work, the construction units should reproduce approval or approval procedures for the preparation of environmental impact reports for construction projects.

Article 48 establishes units or users of marine construction projects that may result in pollution of the marine environment, the destruction of waste and their subsidiary facilities that affect the safety of maritime transport.

The dismantling of the waste construction of the marine engineering construction project and its subsidiary facilities should prepare a programme of work to report on the environmental impact of the project on marine construction projects (statements).

Chapter VI Legal responsibility

Article 49, in violation of this provision, provides for legal responsibility under the Law on the Protection of the Marine Environment of the People's Republic of China, the Law on the Safety and Security of the People's Republic of China, the Regulations on the Control of Coastal Engineering of the People's Republic of China, which undermine the management of the marine environment and the Regulations on the Control of Marine Engineering Construction.

Article 50 Administrative authorities of the oceans or other relevant administrative authorities and their staff have one of the following cases, which are lawfully disposed of by the competent and other persons directly responsible for the direct responsibility; and suspected crimes are dealt with by the judiciary by law:

(i) The discovery of marine environmental pollution accidents or violations of this provision are not lawfully stopped or without effective measures, causing grave consequences;

(ii) No relevant administrative licence is governed by law;

(iii) Corruption, retention or diversion of funds related to the protection of the marine environment.

Article 50, in violation of article 33 of the present article, prohibits the exploitation of sea sands within the State and in the province, by the authorities of the sea at the district level that are responsible for the cessation of the offence, confiscation of proceeds of the conflict and imposition of fines of more than five thousand dollars, in addition to confiscation of proceeds of the conflict, and fines of more than 10 million dollars for the damage caused by the law;

Chapter VII

Article 52