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Standing Committee Of The National People's Congress On Revising The People's Republic Of China Law On Marine Environmental Protection Decisions

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国海洋环境保护法》的决定

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  (November 7, 2016 adopted at the 12th session of the Standing Committee of the national people's Congress, 24th session) at its 12th meeting of the 24th session of the national people's Congress Standing Committee decided on the People's Republic of China Law on marine environmental protection as follows: first, adding a paragraph to article, as the first paragraph: "the State in key marine ecological function and ecological sensitive area and delimitation of ecological protection in vulnerable areas such as waters red line, strict protection. "The second chapter, the first addition of an article, as the sixth:" Administrative Department of environmental protection, marine administrative departments and other departments exercising supervision and management of the marine environment, according to the Division of responsibilities publicly information about the marine environment in accordance with law; sewage shall disclose of the information.

"The third, the sixth to seventh and amended as:" the State Oceanic Administrative Department jointly with other relevant departments of the State Council and the coastal provinces, autonomous regions and municipalities, according to the national marine functional district planning, development of national marine functional zoning, approved by the State Council. "Coastal local governments at all levels shall, in accordance with national and local marine function zoning, protection and rational use of waters.

"Section four, article tenth read 11th, adding two paragraphs, as the second and third paragraphs:" units in the implementation of national and local water pollutant emission standards at the same time, should follow down to the total discharge of major pollutants control indicators. "The emphasis on main indicators of total quantity control of pollutants discharge waters and waters not complete marine environmental protection goals, tasks, and people's Governments above provincial level administrative Department of environmental protection, marine administrative departments, according to duties suspended approval of new types of total amount of pollutants in the construction project environmental impact report (table). "Five, the 11th to 12th, the first paragraph is amended as:" direct discharging pollutants into the marine units and individuals must pay sewage charges according to state regulations. Pay environmental tax in accordance with law, stopped paying the sewage charges.

"Six, by deleting article 12th.

Seven, the 24th is amended as: "the State shall establish a compensation system for ocean conservation. "Develop and utilize marine resources should be based on the rational distribution of marine functional zoning, strict observance of ecological protection of the red line, must not cause destruction of the marine environment.

"Eight, delete the 32nd article. Article nine, the 43rd revised as follows: "coastal construction projects, must be scientific research on the marine environment, according to the natural and social conditions, reasonable location, preparation of environmental impact statements (table).

Building before the project started, environment impact report (tables) for examination and approval by the Administrative Department of environmental protection. "The competent administrative Department of environmental protection approved environmental impact report (table), you must request for marine, maritime and fishery administrative departments and the Environmental Protection Department of the army. "Ten, the 44th article is revised as follows:" coastal engineering projects of environmental protection facilities, must be simultaneously with the principal part of the project designed, built and put into use. Environmental protection facilities shall conform to the approved environmental impact assessment reports (table) requirements. "Under article XI of the 47th is revised as follows:" marine engineering construction projects must meet national marine functional district planning, marine functional zoning and marine environmental protection planning and national environmental protection standards.

Marine engineering construction projects should be carried out scientific investigations on the marine environment, development of marine environmental impact reports (table), pre-construction and construction projects, marine administrative departments for examination and approval. "Marine administrative departments approving the marine environment impact report (table), you must request for maritime and fishery administrative departments and the Environmental Protection Department of the army. "48th article 12, be modified to:" marine engineering construction projects of environmental protection facilities, must be simultaneously with the principal part of the project designed, built and put into use. Without the Department of marine administration and acceptance of environmental protection facilities, experience or fail to pass, construction projects shall not be put into production or use. "Under article 13, the 70th is revised as follows:" shipping and related activities shall comply with the relevant laws and regulations and standards, and take effective measures to prevent pollution of the marine environment.

Marine administrative departments and other departments concerned should strengthen their ships supervision and management and related activities. "Ship transfer operations for bulk liquid dangerous goods shall be previously submitted to the approval of the Maritime Administration Department in accordance with the relevant provisions. "14, and will 73rd article first paragraph modified for:" violation this method about provides, has following behavior one of of, by in accordance with this method provides exercise marine environment supervision management right of sector ordered stop violations, and deadline corrected or ordered take limit production, and discontinued regulation, measures, and sentenced fine; refused to corrected of, law made punishment decided of sector can since ordered corrected of day of next day up, according to original fine amounts by day continuous punishment; plot serious of, reported by has approved right of Government approved, ordered closed, and Close: "(a) to waters emissions this method ban emissions of pollutants or other material of;" (ii) not according to this method provides to marine emissions pollutants, or over standard, and total control index emissions pollutants of; "(three) not made marine dumping license, to marine dumping waste of;" (four) for occurred accident or other burst sex event, caused marine pollution accident, not immediately take processing measures of.

"XV, by deleting article 78th. Under article 16, the 80th to 79th and amended as: "coastal construction project without an environmental impact assessment, in accordance with the People's Republic of China Law on environmental impact assessment regulations.

"Under article 17, the 83rd to the 82nd and amended as:" violation of the 47th article of provisions of this law, a marine construction projects, the Department of marine Administration ordered to stop construction, under illegal circumstances and consequences, construction projects involving a total investment of 1% up to 5% the fine and could be ordered to make restitution. "Violation of the provisions of 48th, marine engineering construction projects completed environmental protection facilities, the facility does not meet the requirements of environmental protection that is put into production, use, the Department of marine Administration ordered to stop production, use, and a fine of less than 50,000 yuan and 200,000 yuan. "18, and will 91st article to 90th article, modified for:" on violation this method provides, caused marine pollution accident of units, except law bear compensation responsibility outside, by in accordance with this method provides exercise marine environment supervision management right of sector in accordance with this article second paragraph of provides sentenced fine; on directly is responsible for of competent personnel and other directly responsibility personnel can at Shang a annual from this units made income 50% following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to national staff of,

Shall be subject to punishment.

"On General or large marine environmental pollution accidents, calculated in accordance with 20% of the direct loss penalty; causing serious or extremely serious marine pollution accidents, calculated in accordance with 30% of the direct loss to a fine. "The serious pollution of the marine environment, damage to marine ecology, constitute a crime, criminal responsibility shall be investigated according to law. "Article 19, the 93rd to 92nd, amended to read:" for violations of this section 12th pay sewage charges, administrative penalties stipulated in the tipping fee, stipulated by the State Council.

"This decision come into force on the date of promulgation. People's Republic of China Law on marine environmental protection in accordance with this decision be revised and republished.