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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384516.shtml

Administrative provisions on marine environmental protection of Hebei province

    (November 22, 2012 provincial 112th General Meeting December 3, 2012 provincial (2012) published 10th come into force February 1, 2013) Chapter I General provisions

    First to protect and improve the marine environment, protection of marine resources, prevent pollution damage and maintaining ecological balance, promoting economic and social development, in accordance with the People's Republic of China marine environmental protection law and other laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article in the sea areas under the jurisdiction of the province engaged in navigation, exploration, exploitation, production, tourism, and scientific research activities, or working in the coastal areas of the province land area of activities affecting the marine environment units and individuals shall abide by these provisions.

    In waters outside the jurisdiction of our province to engage in activities affecting the marine environment sea areas under the jurisdiction of our province pollution or destruction of the marine environment, in accordance with the provisions of relevant laws and regulations.

    Article for marine environmental protection, should follow the development and construction of land and sea integrated and combined with environmental protection, pollution control and ecological restoration, damage the environment and combining the principle of combining responsibility.

    Fourth coastal districts of the city and County (city, district) people's Governments shall strengthen the leadership of marine environmental protection, organize relevant departments to establish pollutant total discharge control focused on waters, marine environment damage compensation, fishery resource damage compensation system and related administrative law enforcement departments, such as the joint law enforcement mechanism, coordinating and solving major problems in the marine environment in a timely manner.

    Article fifth province and the coastal districts of the city and County (city, district) Administrative Department for environmental protection under the environmental protection work in their respective administrative areas supervisory and administrative departments, the marine waters within the jurisdiction of the level of Government implementation of environmental protection guidance, coordination and supervision of and be responsible for controlling the administrative regions inland source pollutants and coastal engineering projects on marine pollution damage to the environment.

    Level marine administrative departments of the people's Governments above the county level shall be responsible for the supervision and management of the marine environment in the sea areas under the jurisdiction of the Government, organizational surveys, monitoring of the marine environment, monitoring, evaluation, research and conservation, restoration of the marine environment, and marine engineering construction projects and other development activities and ocean dumping of waste on marine pollution damage to the environment. Marine administrative departments in charge of the port area in the waters of non-military vessels outside the waters of Hong Kong and non-fishery, non-military ships pollute the marine environment supervision and management, and is responsible for pollution accidents investigation; for sailing in the waters under the jurisdiction, and berthing and operation of foreign nationality of ship pollution accidents from ships to check.

    Marine pollution accident causing damage to fisheries, should involve the departments of fishery administration in investigations.

    Province and the coastal districts of the city and County (city, district) fishery administrative departments of the people's Governments in charge of fishing in the waters of non-military vessels fishing vessel outside the waters of pollution of the marine environment and fishing port supervision and management is responsible for the level of Government fisheries eco-environmental protection and investigation and treatment of the pollution accidents in the preceding paragraph other than the fishery pollution accidents.

    Responsibilities of other departments as required, and do the work of marine environmental protection.

    Sixth marine environmental protection should be integrated into local economic and social development planning and coastal Governments above county-level to their subordinate departments and the people's Government of responsibility for environmental protection of the scope of examination.

    Article seventh marine ecological construction and protection and marine environmental monitoring marine environmental protection funds in accordance with the regulations set out in the budget.

    Eighth article of the province encourages and supports the businesses, institutions or other organizations and individuals, conduct research on marine environment protection science and technology development, popularization and application of clean production, and public activities of marine environmental protection, marine environment protection, recovery of investment, construction and management, and improve the quality of the marine environment.

    Nineth no units and individuals have the obligation to protect the marine environment, right to units of pollution of the marine environment, and marine environment supervision and management of unlawful failure to monitor, report, marine pollution damage to the legitimate rights and interests, shall have the right to claim compensation.

    Province and the coastal districts of the city and County (city, district) people's Government, environmental protection, marine and fishery administrative departments and marine administrative departments at all levels to exercise supervision and management departments should establish and improve the marine environment against pollution of the marine environment the social supervision and reporting system, and to the public.

    Chapter II the marine environment supervision and management

    Article tenth marine administrative departments of the people's Governments above the county level shall, jointly with relevant departments and lower level people's Governments, based on the level of marine functional zoning, marine environmental protection plan and the key maritime regional marine environmental protection plan, marine environmental protection plan and develop the corresponding level key Sea regional seas environmental protection plan submitted to the people's Governments at the corresponding level for approval, and reported to the ocean, the people's Governments at a higher level of environmental protection administration departments.

    11th province, relevant departments under the coastal districts and municipal people's Governments shall, in accordance with the national marine pollution of the marine environment and job activities contingency plan for capacity-building, to prepare plans, and is responsible for organization and implementation.

    12th coastal districts of the city and County (city, district) people's Government and exercise their right of supervision and management of the marine environment of the departments at all levels should strengthen marine environmental monitoring, monitoring, network-building, establish and improve the monitoring of the marine environment, monitoring, information-sharing mechanisms.

    Sectors at all levels exercise their right of supervision and management of the marine environment of the marine environmental monitoring, monitoring information should be integrated into the province's marine environmental monitoring, monitoring, network management, information resource sharing. 13th Marine administrative departments of the people's Governments above the county level should according to national provisions relating to standards and norms, the province, organizing the implementation of environmental monitoring of the sea, to supervise the work, regular evaluation of marine environmental quality, marine environmental quality issued bulletins and special briefings, and enhanced marine disasters and accidents of marine pollution monitoring, surveillance, early warning, forecasting and information management.

    Other departments exercising supervision and management of the marine environment in accordance with the regulations of the duties, is responsible for the waters under the jurisdiction of the marine environmental monitoring and surveillance.

    Marine environment from the 14th to the community investigation, monitoring, monitoring units should be requested by the marine environment protection plan information settings, and through measurement accreditation under the law. 15th marine administrative departments of the people's Governments above the county level should be carried out on a regular basis the level of government jurisdiction investigation and assessment of the marine environment.

    Investigation and evaluation of main contents include: status of living marine resources, the marine environment and focused on waters, mostly into sea river pollutant emissions and other basic information.

    16th province and the coastal districts of the city and County (city, district) people's Government and the relevant departments should be according to the relevant regulations of the State, province, develop marine pollution emergency plan and likely to cause pollution of the marine environment of the red tide, storm surges, tsunamis, sea ice and sea winds, fog and other sudden onset natural disaster contingency plans. 17th coastal oil, chemical, paper and other industries may cause significant pollution of the marine and offshore oil exploration and development, maritime transport, pipeline transport units shall be according to the relevant State provisions, development of marine environmental pollution accident emergency, equipped with the necessary facilities, equipment, and emergency plans, marine Administrative Department of environmental protection reported to the local people's Government for the record.

    Which may have a big oil spill pollution accident emergency plan should also be reported to the competent administrative Department of the local maritime records.

    Article 18th due to accidents or other unexpected events causing or likely to cause pollution of the marine environment, the parties concerned shall take immediate and effective measures to avoid or reduce pollution damage, might compromise informed in a timely manner, and to immediately close to exercising the right of supervision and management of the marine environment report, for investigation and settlement. Parties failed to take timely and effective measures, by exercising the right of supervision and management of the marine environment responsibilities under the departments take emergency measures to avoid or reduce pollution damage.

    Take emergency measures the costs borne by the responsible.

    Article 19th where marine pollution accidents or likely to cause pollution of the marine accident of sudden onset natural disasters, province and the coastal districts of the city and County (city, district) people's Government immediately launched emergency plans, relevant departments and units to take timely and effective measures, disaster prevention and reduction and pollution treatment efforts.

    20th of adjacent districts of city and County (city, district) people's Government and the relevant departments should strengthen cooperation in marine environmental protection, establishment of adjacent joint pollution treatment and ecological environment protection coordination mechanisms. For outfall into the sea setting and major construction projects construction may affect the adjacent districts of the municipal or County (city, district) of the marine environment, projects local government environmental protection, marine administrative departments before going through the relevant administrative licensing shall consult the districts adjacent to the municipal or County (city, district) people's Government views.

    Districts adjacent to the municipal or County (city, district) people's Government have different views, may draw the common higher level people's Government coordination. Article 21st marine environment supervision and Management Department found in the cruise to supervise the work of marine environmental pollution accidents or acts of violation of the law of marine environmental protection and regulation, it should be immediately halted and investigation, you can take the necessary effective measures of preventing pollution. Found the right to exercise supervision and management of the marine environment of the marine pollution accidents or violations of the marine environmental protection law and regulations do not fall within the jurisdiction of the Department of, and shall immediately notify the Department.

    Relevant departments shall investigate and deal with.

    The third chapter of the marine ecological environment
22nd province and the coastal districts of the city and County (city, district) people's Government and the relevant departments should strengthen the marine biodiversity, protection of important marine eco-regions and marine landscapes, organization of rare and endangered marine life and coastal wetlands, islands such as the conservation and restoration of marine ecosystems, and implementing offshore releasing, artificial reef construction in marine resource conservation measures.

    23rd article of the province, in accordance with the relevant provisions of the State elections and the establishment of marine reserves, and with special geographical conditions, ecosystems, biological and non-biological resources and exploitation and utilization of marine resources special needs special areas designated as marine reserves.

    24th marine nature reserve management institutions shall determine protected waters environmental capacity, establishment of protected areas resources carrying capacity assessment system, prevent exploitation of marine resources of protected areas of the marine environment and marine resources damage.

    25th resource exploitation activity in marine nature reserve units and individuals shall comply with the provisions related to protected areas management, responsibility for the protection of the marine environment and marine resources, and to assist in marine protected area management agencies of eco-environment management and return to work.

    26th coastal districts of the city and County (city, district) people's Government and the relevant departments should be combined with the local natural environment, coastal protection facilities under construction, coastal protection forest, the coastal towns of gardens and open space, and a comprehensive coastal erosion and seawater intrusion region. Article 27th reclamation should take the form of Wai before they are filled.

    No unit or individual shall use toxic and hazardous solid waste reclamation, reclamation.

    28th the development and utilization of uninhabited islands and the surrounding maritime areas, strict conservation measures should be taken and strict restrictions on the island for blasting, quarrying, sand-digging or island entity dam-building projects and other activities.

    Article 29th strictly focus on Gulf Coast, key estuary construction, marine construction projects; for disaster prevention and mitigation, such as construction of public safety really necessary shall be placed on the water exchange, tidal channels, flood and serious impact on traffic safety, and at the time of construction to take stringent marine environment protection and ecological environment remediation measures.

    30th in the State and the province's prohibition of the exploitation of the sea sand and soil in areas where, no unit or individual is allowed to engage in mining the sea sand, soil activity.

    Strictly limited to coastal quarries, sand, soil, prevent coastal erosion.

    The fourth chapter of the marine pollution prevention

    31st coastal districts of the city and County (city, district) people's Government by country and the relevant provisions of the province to focus on marine pollutant total discharge control system.

    Provincial marine administrative departments shall, jointly with relevant departments, developing the province's total pollutant discharge control indicators and pollutant discharge control plan, submitted to the provincial people's Government for approval.

    Coastal districts of the city and County (city, district) people's Government shall, in accordance with the province's focus on total amount control of pollutant discharge indicators and pollutant discharge control plan, formulated this level focuses on pollutant discharge volume control enforcement scheme, the immediate upper level people's Government for approval. 32nd coastal districts, developed into the sea, the river water quality management plan and level of marine functional zoning and marine environmental protection plan link.

    River water into the sea should be in line with marine functional zoning and marine environment protection planning requirements.

    33rd sets into the sea outlet and land-sourced pollutants released into the waters shall comply with the marine function zoning, marine environmental protection planning requirements. Discharge into the sea land-sourced pollutants must be in accordance with the law of administrative licensing. Pollutant type, quantity and concentrations should not exceed national and provincial standards.

    Emission information shall be promptly submitted to the local people's Governments concerned environmental protection and marine administrative departments.

    Article 34th prohibited in marine reserves, marine protected areas and important fishing waters, salt plant Nano-water estuary and coastal scenic areas, holiday resort areas that need special protection, such as the new outfall into the sea.

    35th coastal districts of the city and County (city, district) people's Government and the relevant departments and units shall arrange for the construction and improvement of coastal towns and industrial parks of sewage treatment facilities, urban and industrial park wastewater centralized treatment, discharge.

    Centralized urban sewage treatment facilities network coverage outside the seaside hotels, restaurants, tourist sites, should build their own sewage treatment facilities, the unit produces uniform processing of sewage, discharge.

    Cold water, hot water released into the waters, must take effective measures to meet the discharge standard, guarantees issued by the national marine fisheries waters around water temperature requirements of environmental quality standards.

    Article 36th province and the coastal districts of the city and County (city, district) people's Governments shall arrange for the construction and improvement of port ancillary drainage and sewage treatment facilities.

    Large ports along the coast to establish ship-generated waste disposal facility or the delegate shall obtain the corresponding qualification units centralized handling of ship-generated waste.

    37th engaged in sea transport and production of units and individuals shall not be released into the oceans with oil waste water, ballast water, waste, garbage from ships or other harmful substances.

    Ships from affected areas of sewage and ballast water and garbage from ships and other pollutants should be quarantine in accordance with law by the relevant inspection and quarantine departments before they can receive treatment.

    Article 38th province and the coastal districts of the city and County (city, district) fishery administrative departments of the people's Governments shall, in accordance with marine function zoning, planning of marine environmental protection and aquaculture planning, rational delimitation of zones the domain, control size to prevent pollution to the marine environment.

    39th for projects, emission, dumping waste or marine pollution damage to the marine environment and fishery resources, the local County (municipal and district) people's Government marine and fishery administrative departments submitted to the responsible on behalf of the State of the marine environment damage compensation and damages fisheries resources, money for conservation and restoration of the marine environment and fisheries resources enhancement.

    The fifth chapter of the marine environment impact assessment

    40th new construction, renovation or expansion coast, marine engineering construction projects should be consistent with marine functional zoning and marine environment protection planning requirements, and conduct of marine environmental impact assessment under the law.

    41st coastal, marine construction projects should be according to prepare environmental impact reports (table).

    Coastal construction project environmental impact report (tables) required examination by the Department of marine Administration signed, after examination and approval by the Administrative Department of environmental protection; by marine engineering construction project environmental impact report (tables) in accordance with the regulations after they have been approved by the Department of marine administration, environmental protection administration departments.

    Environmental protection, marine administrative departments in ratifying or approving the environmental impact report (table) shall, prior to seeking the views of maritime, fisheries and other related sectors.

    42nd coast construction project environmental impact assessment reports (table) the examination and approval authority, according to the relevant provisions of the State and the province.

    Article 43rd law approved by the national marine administrative departments by marine engineering construction project's environmental impact report (table), in accordance with relevant laws, administrative regulations, the provisions of approved procedures.

    Following a marine construction project's environmental impact report (table) approved by the provincial marine administrative departments:

    (A) the provincial governments for approval, approval or for the record of the relevant Department is responsible for construction projects;

    (B) less than 50 hectares of reclamation construction projects and the surrounding sea area of over 60 hectares less than 100 hectares of construction projects;

    (C) construction projects across the sea areas under the jurisdiction of the district;

    (D) the construction project of the provincial marine nature reserve, special marine protected areas;

    (E) other construction projects under the provincial people's Government.

    In this article, except as provided in the second paragraph of other marine engineering construction project environmental impact assessment reports (table), organized by the city divided into districts or counties (cities, districts), marine administrative departments of the people's Government at provincial Marine Division of management authority as prescribed by the Administrative Department for the approved procedures. 44th in applying for coastal, marine engineering construction project environmental impact report prior to ratification or approval procedures, the construction unit shall hold feasibility study meeting, hearing or otherwise seek the views of relevant authorities, experts and the public.

    Unit submit environmental impact reports should be attached with the authorities, experts and the public opinion and the acceptance note.

    Apply for reclamation, reclamation construction project environmental impact report prior to ratification or approval procedures, the construction units must hold a hearing.

    Article 45th environment impact report (table) without approval or approval, the Department concerned shall not approve construction coast, marine engineering construction projects, the construction unit shall not commence.

    Article 46th coastal, marine engineering construction project environmental impact report (table) after ratification, approval process and environmental impact assessment, carried out by national and provincial regulations.

    47th article coast, and marine engineering construction project environment effect report book (table) by approved or approved Hou, construction project of nature, and scale, and locations, and used of production process or control marine pollution, and prevent marine ecological environment damage of measures occurred major change, and construction project since environment effect report book (table) approved or approved of day up over 5 years starts construction of, units should again application handle construction project environment effect report book (table) of approved or approved procedures.

    48th marine engineering construction projects construction units or users should be removed in a timely manner may result in marine environmental pollution and waste affect navigation safety structures and ancillary facilities.

    Demolition of abandoned structures and ancillary facilities of the marine engineering construction projects, the construction unit shall prepare a work programme, a marine construction project environmental impact report (table), original approval authorities.

    The sixth chapter legal liability
49th for violation of the provisions of the Act, People's Republic of China Law on marine environmental protection, the People's Republic of China Public Security Administration Punishment Act and the People's Republic of China controlling pollution damage to the marine environment of coastal engineering construction project management Ordinance and the prevention of the marine pollution damage to the marine environment of engineering construction project management Ordinance and other relevant laws and regulations already provides legal liability from its provisions.

    50th marine administrative departments or other relevant competent administrative departments and their staff, one of the following circumstances, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions; a suspected crime, dealt with by the judicial organs in accordance with:

    (A) found that marine pollution or acts in violation of the provisions of the failing to stop or fail to take effective measures, causing serious consequences;

    (B) failing to go through the relevant administrative licensing;

    (Iii) corruption, interception or misappropriation of marine environment protection-related funds. 51st article violation this provides 30th article of provides, in national and this province ban mining sea sand of waters within mining sea sand of, by County above Government marine administrative competent sector ordered its stop violations, confiscated illegal proceeds, and sentenced 5,000 yuan above 50,000 yuan following of fine, plot serious of, except confiscated illegal proceeds outside, and sentenced 50,000 yuan above 100,000 yuan following of fine; in national and this province ban take soil of waters within take soil of,

    Marine administrative departments of the people's Governments above the county level shall be ordered to desist from the illegal act, for illegal gains, illegal proceeds more than 1 time times three times times the maximum fine not exceeding 30,000 yuan, for there is no illegal income or the illegal income cannot be calculated, a fine of 3,000 yuan and 10,000 yuan fine.

    The seventh chapter by-laws 52nd these provisions come into force on February 1, 2013.