Key Benefits:
(Summit No. 92 of the Shanghai People's Government of 5 December 2005 to consider the adoption of Decree No. 54 of 8 December 2005 on the People's Government Order No. 54 of 8 December 2005 on 1 March 2006) Article 1 In order to strengthen the management of the sea, to ensure the rational development, use, promotion of sustainable development of the marine economy, and to develop this approach in line with the relevant laws, regulations, such as the Law on the Use of the Sea of the People's Republic of China. Article 2 This approach applies to the use of the sea within the scope of the city and its associated management activities. The city's water area is specific to the maritime boundary, which is approved by the municipal authorities, in accordance with the relevant national provisions. Article 3 (Management) The Urban Ocean Authority is responsible for the uniform supervision management of the maritime areas used in this city, and the China Sea Province's General Team is entrusted by the Municipal Oceans Authority, responsible for law enforcement inspections and administrative sanctions used in the area of the city. This approach is implemented in coordination with the respective responsibilities of the urban development reform, planning, premises resources, ports, environmental protection, water, fisheries and maritime sectors. Article IV The Urban Ocean Authority should be structured in accordance with the national marine functional areas, the natural nature of the sea and the need for the development of transport in the city's ports, in conjunction with the relevant departments, to prepare the current city's marine functional area and to organize it in accordance with national regulations. Article 5 The use of the sea should be consistent with national and city marine functional areas. The port area, which is delineated in this city's marine functional area, is not allowed to engage in development activities that are not consistent with its functions. Sea-based projects are not in line with ocean functional areas and should be moved or adjusted in conjunction with the industrial restructuring of the city. Specific approaches are presented by the Urban Ocean Bureau with the Urban Development Reform Commission, which reports to be implemented after the approval of the municipality. Article 6 In applying for the use of the sea, the applicant shall submit an application to the Municipal Ocean Office and provide the following material: (i) The application for the use of the sea shall contain the names of the applicant, the use of the sea project, the time, place, area, use, etc.; (ii) The use of the evidence report or the report form; (iii) The applicant's letter of credit; (iv) Business licences or personal identity certificates; (v) Other material provided by law, regulations. Article 7 The following projects apply for the use of the sea and the applicant shall submit a report on the use of the evidence in the sea: (i) Completion of sea and peripheral projects; (ii) Healing projects; (iii) The submarine cable project; (iv) More than 100 hectares of sea projects; (v) The projects adjacent to the natural protected areas of the sea, the port area and the area of navigation. In addition to the above-mentioned provision, the applicant shall submit the statement of the use of the evidence. The use of the evidence report or the presentation of the report shall be prepared by a unit with a view to the use of the evidence in the sea. The use of argument units in the maritime area should be based on the relevant technical norms governing the use of doctrines in the national maritime area, to produce evidence of the use of the sea or the reporting form and to be responsible for the findings. Article 8 The Urban Ocean Authority shall seek the views of the relevant sectors of the city within two working days of the application for the use of the sea and, within 10 working days, organize expert reports on the use of the maritime area or report forms. The relevant sectors of the city should make observations within seven working days of the date of receipt of the request and inform the City Ocean Authority in writing. The Municipal Oceans Authority shall submit a review within five working days of the end of the evaluation and report to the municipal government for approval. Upon approval, the Urban Ocean Bureau should send the applicant with the approval of the authorization for the use of the sea; the municipality's Maritime Bureau should provide the applicant with a written justification for the reasons. Article 9 The operation of the sea shall apply for the use of the sea, and the Municipal Ocean shall organize tenders or auctions on the transfer of the right to use the sea. By solicitation, auctioning means obtained the right to use the maritime area, the Municipal Oceans Authority should contract with the moderate and buyers. The use of the sea should include the following main elements: (i) The scope and scope of the sea; (ii) The period of use and use of the sea; (iii) The use of the sea. The specific approach to solicitation, auctions is to be implemented by the Municipal Ocean Bureau with the relevant sectors of the city. Article 10 The use of the sea shall be subject to the payment of the capital funds in accordance with the provisions of the State and the city. The standard for the use of the garbage in the maritime area is to be followed by a programme presented by the City Finance Bureau with the City Maritime Bureau under the relevant national provisions. Article 11 By applying for or in accordance with article 9 of this approach, the auction shall acquire the right to use the sea, the applicant, the moderate or the buyer shall apply to the City Ocean Authority for the initial registration of the right to use of the sea and submit the following materials: (i) Applications; (ii) Identification certificates; (iii) The approval of documents or the right of use of the sea to award the contract; (iv) The award for payment of contributions in the area of the sea, which is distributed or reduced to the use of the arsenal, provides for the approval of the payment or reduction of the payment of funds for the use of the sea. Article 12 In one of the registered maritime areas, the parties shall apply for the transfer of registrations to the City Ocean Authority after the entry into force of the relevant legal documents or the fact arises: (i) Transfer; (ii) Success; (iii) Other cases provided for by law, regulations. The following documents should be submitted for the transfer of rights to the sea: (i) Applications; (ii) Identification certificates; (iii) A certificate of use in the sea; (iv) A document demonstrating that the right to the sea is transferred. Article 13 As a result of changes in the name or name of the licensor in the maritime area, the licensor shall apply for a change in registration to the City Ocean Authority after the occurrence of the facts and submit the following material: (i) Applications; (ii) Identification certificates; (iii) A certificate of use in the sea; (iv) A change in name or name. Article 14. In one of the following cases, the use of the sea shall be carried out to the City Ocean Office for the write-off of registration and the transfer of the right to use in the other maritime areas: (i) The effective expiration of the right to use in the sea shall not be extended until 20 days after the expiration of the right to use; (ii) The peripheral project has been registered with the right to land use and should be registered within 20 days of the receipt of a land-use certificate. After the termination of the right to use in the sea, the parties have not applied for the write-off, and the Municipal Oceans Bureau may document the write-off matter in the registry of the right to use in the maritime area and the original maritime use certificate is invalid. Article 15 In accordance with the initial registration and transfer of registration requirements in the area of maritime use, the Urban Ocean Authority shall complete registration within 20 working days and, in writing, the registration applicant shall receive a certificate of territorial use. In line with the requirements for registration of changes in the use of the sea, the Maritime Bureau of the city shall complete registration within 10 working days and, in writing, the registration of the applicant's certificate of use of the sea. The right to use of registered maritime areas shall be communicated to the community within 30 working days. Registration of rights in the sea is available to the public. Article 16 The use of the sea by the holder should not be used for any change in use, in accordance with the use of the licensor of the maritime area, and the need for a change in use should be reclaimed to the licensee for the use of the sea. Article 17 (Environmental requirements) The user of the sea should take effective measures to prevent marine environmental pollution and emissions of wastewater and other wastes should not exceed national and municipal emission standards. Article 18 After the termination of the right to use in the maritime area, the use of the original maritime area shall, within 60 days of the termination of the right to use, dismantle the marine environment, which may cause marine pollution or affect the use of sea facilities and construction of other sea items. Article 19 The use of an ad hoc open sea below three months in a given maritime area should be made available to the city's marine bureau prior to use and clearly their use and use deadlines. Of these, the temporary maritime area shall be licensed in accordance with the procedures for applying for the use of the sea by sea prior to the use of the sea. The temporary use of the sea shall not be extended. During the interim period, sea units should dismantle sea facilities and construction. Article 20 In the course of the use of the sea, the following acts are prohibited: (i) The use of the sea beyond the scope of ratification; (ii) Disadvantages of beach and affect the territorial sea baseline; (iii) Damage to submarine cables. Article 21 The Urban Ocean Authority should strengthen monitoring inspections of the use of the sea and establish the corresponding regulatory archives. The inspected unit or the individual should provide information relevant to the contents of the examination, without concealment, without denying or impeding oversight inspections by the relevant management. Article 22 (Reports and complaints) The City Ocean Authority should establish a telephone to receive public reports and complaints concerning the use of the sea in violation. Upon receipt of reports and complaints, the Urban Ocean Authority should be able to carry out on-site inspections in a timely manner and to communicate the results to the reporting person or the complainant within 15 days. Article 23 In violation of this approach, there are one of the following cases, which are sanctioned by the Urban Ocean Authority in accordance with the following provisions: (i) In violation of article 19, paragraph 1, of the present approach, the temporary use of the sea is not subject to the provision of a request for a period of time and is subject to a fine of more than 1,000 dollars; (ii) In violation of article 20, paragraph 2, of the present approach, the destruction of the base of the beach affected by the territorial sea is determined to put an end to the offence and to impose a fine of up to 2,000 dollars. (iii) In violation of article 20, paragraph 3, of this approach, which undermines the submarine cable pipeline, shall compensate for losses and impose a fine of up to 30,000 dollars in the year 2000; and constitute an offence punishable by law. In violation of other relevant provisions of this approach, it is addressed in accordance with the relevant laws, regulations and regulations. Article 24 This approach was implemented effective 1 March 2006. |
