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The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.26
The Marine Environment Protection Law of the People’s Republic of China has been revised at the 13th Meeting of the Standing Committee
of the Ninth National People’s Congress on December 25, 1999, and hereby promulgated its revised edition for implementation as of
April 1, 2000.
President of the People’s Republic of China: Jiang Zemin
December 25, 1999
Marine Environment Protection Law of the People’s Republic of China (1999) ContentsChapter I General Provisions
Chapter II Supervision and Administration of Marine Environment
Chapter III Marine Ecological Protection(Conversion)
Chapter IV Prevention and Control of pollution Damage to the Marine Environment by Land-based Pollutants
Chapter V Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects
Chapter VII Prevention and Control of Pollution Damage to the Marine Environment by Dumping of Wastes
Chapter VIII Prevention and Control of Pollution Damage to the Marine Environment by Vessels and Their Related Operations
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1
This law is enacted to protect and improve the marine environment, conserve marine resources, prevent pollution damages, maintain
ecological balance, safeguard human health and promote sustainable economic and social development.
Article 2
This law shall apply to the internal waters, territorial seas and the contiguous zones, exclusive economic zones and continental shelves
of the People’s Republic of China and all other sea areas under the jurisdiction of the People’s Republic of China. All units and
individuals engaged in navigation, exploration, exploitation, production, tourism, scientific research and other operations in the
sea areas under the jurisdiction of the People’s Republic of China, or engaged in operations in the coastal areas which have impact
on the marine environment shall comply with this law. This law shall also apply to areas beyond the sea areas under the jurisdiction
of the People’s Republic of China that cause pollution to the sea areas under the jurisdiction of the People’s Republic of China.
Article 3
The State shall establish and put into practice the system to control the total pollution load for sea disposal in key sea areas,
determine the standards to control the total load of key pollutants for sea disposal and control the pollution load for sea disposal
assigned for key pollution sources. Specific measures for the implementation shall be formulated by the State Council.
Article 4
All units and individuals shall have the obligation to protect the marine environment and have the right to watch for and report on
actions causing pollution damages to the marine environment by any unit and individual, as well as on the act of transgression of
the law and neglect of duty by marine environment supervision and administration personnel.
Article 5
The competent administrative department in charge of environment protection under the State Council, as a department to exercise unified
supervision and administration over nation-wide marine environment protection work, shall render guidance, co-ordination and supervision
and be responsible for nation-wide environment protection work to prevent and control marine pollution damages caused by land-based
pollutants and coastal construction projects.
The competent State Oceanic administrative department in charge of marine affairs shall be responsible for the supervision and administration
of the marine environment, organize survey, surveillance. supervision, assessment and scientific research of the marine environment
and be responsible for nation-wide environment protection work to prevent and control marine pollution damages caused by marine construction
projects and dumping of wastes in the sea.
The competent State administrative department in charge of maritime affairs shall be responsible for the supervision and administration
of marine environment pollution caused by non-military vessels inside the port waters and non-fishery vessels and non-military vessels
outside the port waters under their jurisdiction, and be responsible for the investigation and handling of the pollution accidents.
In the event of a pollution caused by a foreign vessel navigating, berthing and anchoring and operating in the sea area under the
jurisdiction of the People’s Republic of China, officers in charge shall board the vessel in question to examine and handle the case.
Should a pollution accident caused by vessels result in fishery damages, the competent administrative department in charge of fisheries
shall be invited to take part in the investigation and handling of the accident.
The competent State administrative department in charge of fisheries shall be responsible for the supervision and administration of
marine environment pollution used by non-military vessels inside the fishing port waters and the fishing vessels outside the fishing
port waters, and be responsible for the protection of ecological environment in the fishing zones and examine and handle fishery
pollution cases beyond the pollution accidents mentioned in the previous clause.
The environmental protection department of the Armed Forces shall be responsible for the supervision and administration of marine
pollution caused by military vessels and for the investigation and handling of the pollution cases.
The functions and responsibilities of the departments invested by the law with power to conduct marine environment supervision and
administration of the coastal local People’s Governments above the county level shall be determined by the People’s Governments of
the Provinces, Autonomous Regions and Municipalities directly under the Central Government in accordance with this law and relevant
regulations of the State Council.
Chapter II Supervision and Administration of the Marine Environment
Article 6
The competent State administrative department in charge of marine affairs, in conjunction with relevant departments of the State Council
and the People’s Governments of the provinces, Autonomous Regions and Municipalities directly under the Central Government in the
coastal areas, shall work out national marine functional zonation scheme and submit to the State Council for approval.
The coastal local People’s Governments shall, in accordance with the national and local marine functional zonation scheme, make good
use of the sea areas in a scientific and rational way.
Article 7
The State shall draw up, in accordance with the marine functional zonation scheme, national marine environment protection plan and
regional marine environment protection plans in key sea areas.
Relevant People’s Governments of the Provinces, Autonomous Regions and Municipalities directly under the Central Government in the
coastal areas adjacent to key sea areas and the departments invested by the law with power to conduct marine environment supervision
and administration may set up regional co-operation organization in marine environment protection, responsible for the implementation
of regional marine environment protection plans in key sea areas, prevention and control of marine environment pollution and marine
ecological conservation work.
Article 8
Trans-regional marine environment protection work shall be implemented through consultation by relevant coastal local People’s Governments
or to be implemented through consultation by the People’s governments at the upper level.
Major trans-department marine environment protection work shall be co-ordinated by the competent administrative department in charge
of environment protection under the State Council. Those unable to be settled through co-ordination shall be subject to the State
Council for decision.
Article 9
The State shall work out national marine environment quality standards in accordance with the state of affairs of the marine environment
quality and the conditions of economic and technological levels.
The People’s Governments of coastal Provinces, Autonomous Regions and Municipalities directly under the Central Government may work
out local marine environment quality standards for items not specified in the national marine environment quality standards.
The coastal local People’s Governments at various levels shall, in accordance with the stipulations laid down in the national and
local marine environment quality standards and state of coastal sea area environment quality of their respective administrative areas,
work out targets and tasks in the field of marine environment protection, channel into the work plan of the People’s Governments
and exercise administration in accordance with corresponding marine environment quality standards.
Article 10
National and local marine environment quality standards shall be one of the important foundations in working out national and local
water pollutant discharge standards. In the key sea areas where the State has established and put into practice the system to control
the total pollution load for sea disposal, the determination of water pollutant discharge standards shall also take the control standards
of the standards to control the total load of key pollutants for sea disposal as an important basis.
Article 11
All units and individuals practicing direct discharge of pollutants into the sea shall, in accordance with the State regulations,
pay pollutant discharge fees.
Those dumping wastes in the sea shall, in accordance with the State regulations, pay dumping fees.
Pollutant discharge fees and dumping fees levied in accordance with the provisions of this law must be used for the prevention and
control of marine environment pollution and shall not be appropriated for any other purposes. Specific measures shall be formulated
by the State Council.
Article 12
For those in excess of pollutant discharge standards, or failing to accomplish pollutant discharge reducing tasks within a specified
period of time, or resulting in serious marine environment pollution damages, a deadline shall be set for the elimination or control
of the pollution within a certain period of time.
The setting of a deadline shall be determined in accordance with the jurisdiction prescribed by the State Council.
Article 13
The State shall strengthen the research and development of science and technology in the field of prevention and control of marine
environment pollution damages and shall put into practice the elimination system of those out-of-date production techniques and out-of-date
equipment which cause serious marine environment pollution damages.
Enterprises shall give priority in introducing clean energies and adopting clean production technology with higher resources utilization
ratio and less pollutant discharges, so as to prevent pollution to the marine environment.
Article 14
The competent State administrative department in charge of marine affairs shall, in accordance with State environmental monitoring
and supervisory norms and standards, administer the investigation, monitoring and supervision of nation-wide marine environment,
work out specific measures of implementation, organize nation-wide marine environment monitoring and supervision network in conjunction
with relevant departments, handle assessment of marine environment quality at regular intervals and release sea cruise supervision
dispatches.
Departments invested by this law with power to conduct marine environment supervision and administration shall be responsible for
the monitoring and supervision of the water areas under their respective jurisdiction.
Other relevant departments shall, in accordance with the division of work of nation-wide marine environment monitoring network, be
respectively responsible for the mouths of rivers that empty into the sea and main pollutant discharge outlets.
Article 15
Relevant departments of the State Council shall provide the competent administrative department in charge of environment protection
under the State Council with necessary marine environment monitoring data for the compilation of national environment quality bulletins.
The competent administrative department in charge of environrnent protection shall provide relevant departments with data relating
to marine environment supervision and administration.
Article 16
The competent State administrative department in charge of marine affairs shall, in accordance with environment monitoring and supervision
information management system formulated by the State, be responsible for the management of comprehensive marine information system
and render services to the supervision and administration of marine environment protection.
Article 17
Any unit and individual causing or potentially resulting in marine environment pollution because of accidents or other contingency
must immediately adopt effective measures, timely inform those potentially endangered, report to the department invested by this
law with power to conduct marine environment supervision and administration and be subject to investigation and handling.
Coastal local People’s Governments above the County level must, at a time when the offshore environment within their administration
endangered by serious pollution, adopt effective measures to eliminate or decrease pollution damage.
Article 18
The State shall, in accordance with the necessity to prevent marine environment pollution, draw up State contingency plans to deal
with major Marine pollution accidents.
The competent State administrative department in charge of marine affairs shall be responsible for drawing up State contingency plans
to deal with major oil spill accidents on the sea caused by offshore oil exploration and exploitation and submit the plans to the
competent administrative department in charge of environment protection in the State Council for the record.
The competent State administrative department in charge of maritime affairs shall be responsible for drawing up the contingency plans
to deal with nation-wide major vessel oil spill accidents on the sea and report to the competent administrative department in charge
of environment protection under the State Council for the record.
All units in the coastal areas where potential marine environment pollution accident may happen shall, in accordance with the State
regulations, draw up contingency plans to deal with pollution accidents and submit the plans to the local administrative department
in charge of environment protection and marine affairs for the record.
The coastal people’s governments above county level and their departments shall eliminate or reduce hazards in accordance with the
contingence plans in case of major marine pollution incidents.
Article 19
Departments invested by this law with power to conduct marine environment supervision and administration in accordance may conduct
joint law enforcement operations on the sea. In the cruise course of monitoring, whenever marine pollution accidents or act of violation
of the provisions of this law are discovered, they should strive to stop it, conduct on-the-spot investigation and collect evidence,
and have the right to adopt effective measures if necessary to prevent the spread of pollution, in the meantime report to relevant
competent department to handle the case.
Departments invested by this law with power to conduct marine environment supervision and administration have the right to conduct
on-the-spot inspections of the units and individuals discharging pollutants within the sphere of their jurisdiction. Those inspected
shall report the situation accurately and provide necessary data.
Inspection departments should keep confidential the technical secrets and business secrets of those inspected.
Chapter III Marine Ecological Conservation
Article 20
The State Council and local People’s Governments at the Provincial level shall adopt effective measures to protect such typical and
representative marine ecosystems as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries important fishery waters,
etc, sea areas where rare and endangered marine organisms are naturally and densely distributed: marine organisms existence habitats
with important economic value and marine natural historic relics and natural landscapes with great scientific and cultural significance.
For marine ecosystems with important economic and social values that have been damaged, efforts shall be made to renovate and restore
them.
Article 21
Relevant departments of the State Council and coastal People’s Governments of Provincial level shall, in accordance with the need
for marine ecosystem conservation, delimit and establish marine nature reserves.
The establishment of national marine nature reserves shall be subject to the State Council for approval.
Article 22
In an area that possesses one of the following characteristics, a marine nature reserve may be established:
1.
Typical marine physiographic areas, representative natural ecosystem areas, as well as areas within which natural ecosystems have
been damaged to some extent, but may be recovered through efforts of protection;
2.
The areas with higher marine bio-diversity, or the areas where rare and endangered marine species are naturally and densely distributed;
3.
Sea areas, seashores, islands, coastal wetlands, estuaries, bays and the like with special protection values;
4.
Areas where marine natural remains of great scientific and cultural values are located, and
5.
Other areas which call for special protection.
Article 23
Areas with special geographic conditions, ecosystems, living or non-living resources and areas which call for special need in marine
development may establish marine special reserves, and special management shall be implemented by adopting effective protection measures
and scientific development methods.
Article 24
Exploration and exploitation of marine resources shall be rationally distributed in accordance with marine functional zonation scheme
and shall not bring about damages to marine ecological environment.
Article 25
The introduction of marine biological species shall subject to scientific assessment to avoid damages to marine ecosystems.
Article 26
The exploitation of resources of islands and surrounding sea areas shall adopt strict ecological protection measures and shall not
bring about damages to island topography, shore and beach, vegetation and ecological environment of the surrounding sea areas of
the islands.
Article 27
Coastal local People’s Governments at various levels shall, in accordance with the characteristics of respective local natural environments,
construct shore protection installations, coastal shelter belts, gardens and green land in the coastal cities and towns, and undertake
comprehensive treatment over the area with coastal erosion and saline water intrusion.
Destruction of shore protection installations, coastal shelter belts and gardens and green land in the coastal cities and towns are
forbidden.
Article 28
The State shall encourage the development of ecological fisheries, popularize multiform ecological fisheries production methods and
improve marine ecological conditions.
Environmental impact assessment shall be conducted in the new construction, reconstruction and extension of mariculture.
Mariculture shall determine breeding density in a scientific way, rationally feeding and apply manure and accurately use medicines,
so as to prevent pollution to the marine environment.
Chapter IV Prevention and Control of pollution Damage to the Marine Environrnent by Land-Based Pollutants
Article 29
The discharge of land-based pollutants into the sea shall strictly be conducted in compliance with the standards and relevant stipulations
laid down by the State and Localities.
Article 30
The sewage sea disposal project shall be determined in accordance with marine functional zonation scheme, marine dynamic conditions
and relevant regulations, and shall, after scientific assessment, report to the competent administrative departments in charge of
environment protection under the People’s Governments above the level of the City where the siting is made for examination and approval.
The competent administrative departments in charge of environrnent protection must, in approving the setting up of pollutant discharging
outlets into the sea, seek the opinions of the competent administrative departments in charge of maritime affairs and fisheries as
well as environment protection department of the Armed Forces.
No additional pollutant discharging outlets shall be allowed within marine nature reserves, important fishery waters, coastal historic
sites and scenic spots, and areas which call for special protection. In areas with conditions, pollution discharging outlets shall
be built in the deep sea to practise offshore discharging.
In the areas where natural conditions permit, the sea disposal outlet should sited in deep waters offshore. The installation of land-based
pollutant disposal outlets in deep waters offshore shall be determined in accordance with marine functional zonation scheme, marine
dynamic conditions and seabed conditions for engineering facilities. Specific measures shall be formulated by the State Council.
Article 31
The competent administrative departments in charge of environment protection and the competent administrative departments in charge
of water under the People’s Governments of the Provinces, Autonomous Regions and Municipalities directly under the Central Government
shall, in accordance with relevant laws on the prevention and control of water pollution, strengthen their control over rivers that
empty into the sea to prevent them from being polluted and ensure good water quality in the estuaries.
Article 32
Units discharging land-based pollutants shall report to the competent administrative department in charge of environment protection
land-based pollutant discharging facilities and treatment facilities under their possession, the kinds, quantities and density of
the discharged land-based pollutants under normal operation conditions, and shall provide relevant techniques and data related to
the prevention and control of marine environment pollution.
In case of any major changes in the kinds, quantities and density of the discharged land-based pollutants, timely report shall be
made.
Prior agreement of the competent administrative department in charge of environment protection must be obtained in dismantling or
laying idle land-based pollutant treatment installations.
Article 33
It is prohibited to discharge oils, acid liquids, alkaline liquids, hypertoxic waste liquids and waste water containing with high
and medium radioactivity into the sea.
The discharge of waste water containing with low radioactivity into the sea shall be strictly controlled; in case of a necessity to
discharge, it shall be conducted in strict compliance with the State regulations concerning radiation prevention.
The discharge of waste water containing persistent organic matters and waste water containing heavy metals shall be strictly controlled.
Article 34
No medical sewage carrying pathogens, domestic sewage and industrial waste water may be discharged into sea areas before properly
treated in keeping with relevant discharge standards of the State.
Article 35
The discharge of industrial waste water and domestic sewage containing organic and nutrient matters into bays, semi-closed seas and
other sea areas with low capacities of self-purification shall be strictly controlled.
Article 36
In discharging thermal waste water into sea areas, effective measures shall be taken to ensure that the water temperature in the adjacent
fishing areas is kept within marine environment standards of the State in order to avoid damage to fishery resources by thermal pollution.
Article 37
The use of chemical pesticides in coastal farmlands and forest farms shall conform to the State provisions and standards governing
the use of pesticides.
Coastal farmlands and forest farms shall use chemical fertilizer and plant growth regulators in a rational way.
Article 38
The abandoning, piling up and disposal of mining tailing, waste ores, cinders, garbage and other solid wastes along shore and beach
shall be conducted in accordance with relevant provisions of the “Law of the People’s Republic of China on the Prevention and Control
of Environment Pollution Caused by Solid Wastes.
Article 39
It is prohibited to transport dangerous wastes through the passage of internal waters and territorial seas of the People’s Republic
of China.
Prior written agreement shall be obtained from the competent administrative department in charge of environment protection under the
State Council for the transportation of dangerous wastes through the passage of other sea areas under the jurisdiction of the People’s
Republic of China.
Article 40
People’s Governments of coastal Cities shall construct and build urban sewage treatment plants or other facilitates for concentrated
sewage treatment in a planned way city sewage treatment plants or other sewage concentrated treatment facilities in a planned way
and strengthen comprehensive control and management of urban sewage.
Construction of marine sewage treatment engineering facilities shall be conducted in compliance with relevant regulations of the State.
Article 41
The State shall adopt necessary measures to prevent, reduce and control marine environment pollution damage from or through the atmosphere.
Chapter V Prevention and Control of Pollution Damage to the Marine Environment by Coastal Construction Projects
Article 42
New coastal construction projects, extensions or reconstruction projects must be conducted in compliance with relevant State regulations
governing environment protection in construction projects and shall channel the capital needed for the prevention and control of
pollution into construction project investment plan.
Within marine nature reserves, coastal historic sites and scenic spots, important fishery waters and other areas which call for special
protection that are delimited according to relevant laws, undertaking of coastal construction projects or any other operations that
may cause pollution to environment and damage to landscape shall be forbidden.
Article 43
Units in charge of coastal construction projects must, at the project feasibility study period, conduct scientific surveys of the
marine environment, select suitable sites in the light of natural and social conditions and formulate and submit environmental impact
assessment. The environmental impact assessment shall, after deliberation by the competent administrative department in charge of
marine affairs, be subject to the examination and approval by the competent administrative department in charge of environment protection.
The competent administrative department in charge of environment protection must, before approval of the environmental impact assessment,
seek the opinions of the competent administrative departments in charge of maritime affairs and fisheries as well as the environment
protection department of the Armed Forces.
Article 44
Environment protection installations of the coastal construction projects shall be designed, built and commissioned together with
the principle part of the construction project. No permission shall be given to the construction projects to be put into test (trial)
operation until the environment protection installations are examined and approved by the competent administrative department in
charge of environment protection; and no permission shall be given to the construction projects to be commissioned or used until
the environment protection installations are checked and accepted by the competent administrative department in charge of environment
protection or considered to be up to standards after having been checked and accepted.
Article 45
It is prohibited to construct new industrial projects that do not possess effective pollution treatment measures in the coastal land
areas, such as chemical pulp and paper mill, chemical plant, printing and dyeing mill, tannery, electroplating mill, brewery, oil
refinery, beach ship-dismembering as well as other projects which cause serious marine environment pollution.
Article 46
In building coastal construction projects, effective measures must be taken to protect wild animals and plants and their living environment
as well as marine fishery, resources under State and local particular protection.
It is strictly prohibited to mine sand and gravel along the shore In conducting open air the mining of placer and well drilling on
the coast to exploit seabed mineral resources, effective measures must be taken to prevent pollution to the marine environment.
Chapter VI Prevention and Control of Pollution Damage to the Marine Environment by Marine Construction Projects
Article 47
Marine construction projects must conform with marine functional zonation scheme, marine environment protection plan and relevant
State environment protection standards. At the project feasibility study period, marine environmental impact assessment statements
shall be formulated and submitted to the competent administrative department in charge of marine affairs for examination and approval;
in the meantime, report to the competent administrative department in charge of environment protection for the record and accept
the supervision of the competent administrative department in charge of environment protection.
The competent administrative department in charge of marine affairs must, before the examination and approval of the marine environmental
impact assessment statements, seek the opinions of the competent administrative departments in charge of maritime affairs and fisheries
as well as the environment protection department of the Armed Forces.
Article 48
Environment protection installations of marine construction projects shall be designed, built and commissioned together with the principle
part of the construction projects. No permission shall be given to the construction projects to be put into trial operation until
the environment protection installations are examined and approved by the competent administrative department in charge of environment
protection; and no permission shall be given to the construction projects to be commissioned and used until the environment protection
installations are checked and accepted by the competent administrative department in charge of environment protection or considered
to be up to standards after having been checked and accepted.
Prior agreement must be obtained from the competent administrative department in charge of environment protection to dismantle or
lay idle the environment protection installations.
Article 49
The building of marine construction projects must not use materials containing radioactivity in excess of standards or materials containing
toxic and harmful substance easy to dissolve in the water.
Article 50
In case construction of marine construction projects involves explosive operations, effective measures must be taken to protect marine
resources.
In the course of offshore oil exploration and exploitation as well as transportation of oil, effective measures must be taken to avoid
occurrence of oil spill.
Article 51
Oily waste water and oil mixtures from offshore oil drilling vessels and platforms for oil drilling and extraction may be discharged
into the sea only after proper treatment and up
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