REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OVERDUMPING OF WASTES IN THE OCEAN

REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OVERDUMPING OF WASTES IN THE OCEAN This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OVER DUMPING OF WASTES IN THE OCEAN (Promulgated by the State Council on March 6, 1985) Article 1 These Regulations are specially formulated for the implementation of the "Marine Environmental Protection Law of the People's Republic of China" in order to keep a tight control over the dumping of wastes into the ocean so as to prevent pollution damage to marine environment, keep the ecological balance, protect marine resources, and promote the development of ocean undertakings.

Article 2 The term "dumping" as used in these Regulations refers to discharging wastes and other substances into the ocean by means of vessels, aircraft, platforms and other means of transportation. It also refers to discharge of vessels, aircraft, platforms and other man-made structures used on the sea. In addition, it also refers to the discharge of wastes and other substances caused by the submarine exploration and exploitation of mineral resources and the related maritime processing.

"Dumping" does not include the drainage from the vessels, aircraft, and other means of transportation and equipment working under normal conditions.

Article 3 These Regulations are applicable to the following: 1. dumping wastes and other substances into the inland sea, territorial sea, continental shelves and other sea areas under the jurisdiction of the People's Republic of China; 2. loading wastes and other substances on land or at harbours of the People's Republic of China for the purpose of dumping; 3. the transport of wastes and other substances through the inland sea, territorial sea and other sea areas under the jurisdiction of the People's Republic of China for the purpose of dumping; 4. burning wastes and other substances within the sea areas under the jurisdiction of the People's Republic of China; The wastes produced in the process of offshore oil exploration and exploitation shall be dealt with according to the Regulations of the People's Republic of China on Administration of Environmental Protection in the Exploration and Development of Offshore Petroleum.

Article 4 The competent departments responsible for matters concerning the dumping of wastes are the National Oceanographic Bureau and its agencies (hereinafter referred to as "the competent department").

Article 5 The areas for dumping shall be designated by the competent department through consultation with relevant departments in accordance with the principles of being scientific, rational, safe and economical and shall be submitted to the State Council for approval.

Article 6 Units that need to dump wastes into the ocean shall apply for permission to the competent department, and fill out according to set formula the application forms for dumping wastes together with an examination report on the characteristics and components of the wastes.

The competent department shall process the application within 2 months of receipt of the application and a dumping permit shall be granted to those approved to dump. No units, vessels, aircraft, platforms and other means of transportation are permitted to dump wastes into the ocean without the approval of the competent department.

Article 7 Wastes of foreign countries may by no means be brought to the sea areas under the jurisdiction of the People's Republic of China for dumping; these include vessels, aircraft, platforms and other man-made structure used on the sea. Those who violate these Regulations shall be ordered to clean the sea area within a limited time, pay for the elimination of pollutants and compensation for losses thus incurred and be fined by the competent department. Those who dump wastes outside the sea areas of the People's Republic of China and cause pollution damage to the sea areas under the jurisdiction of the People's Republic of China shall be dealt with according to Article 17 of these Regulations.

Article 8 Vessels or other means of transportation that carry wastes through the sea areas under the jurisdiction of the People's Republic of China for dumping purposes must inform the competent department of China 15 days before the vessels enter the sea areas under the jurisdiction of the People's Republic of China.

They are also required to report the time of entry, routes, names of waste matters, quantities and components.

Article 9 Foreign vessels and platforms in the sea areas of under the jurisdiction of the People's Republic of China that need to dump wastes produced in the process of offshore exploration and exploitation of mineral resources and the related maritime processing shall get permission from the competent department according to the stipulated procedures.

Article 10 The dumping permit shall indicate dumping units, period of validity, quantity, the types of wastes and the method for dumping.

The issuing of certificates shall be kept under strict control according to the relevant provisions of these Regulations. The competent department may change or withdraw certificates in accordance with the changes in ecological environment and the development in science and technology.

Article 11 Waste matters fall into three categories in the light of their toxicity, content of harmful elements and the impact upon the marine environment.

The criteria used for categorization shall be worked out as annex by the competent department and subject to amendment in the light of changes in ecological environment, the development in science and technology and the need in protecting the marine environment.

1. The dumping of wastes and other substances as listed in Annex I is prohibited. In times of emergency, when wastes cannot be disposed of on land because of its impact upon human health, emergency permits shall be issued with the approval of the National Oceanographic Bureau to dump wastes in prescribed ways and designated areas.

2. The dumping of wastes as listed in Annex II shall require special permits in advance.

3. The dumping of wastes of low or no toxicity other than those listed in Annex I and Annex II shall require ordinary permits in advance.

Article 12 Units which have already obtained permission to dump wastes shall notify the competent department for verification before loading the waste.

The work of verification shall be conducted according to the items in the permit. If the cargo is found not in conformity with the contents in the permit, the competent department shall order the loading to be stopped and, in serious cases, suspend or revoke the dumping permit.

The superintendency of the departure harbour or that of the nearest harbour shall be notified for verification of the dumping of wastes by vessels. If the cargo is found not in conformity with the contents in the permit, the harbour superintendency administration shall not grant the exit visa and shall immediately notify the competent department.

Article 13 The competent department shall monitor and supervise the dumping activities. If need be, it may also send agents to supervise on board. The dumping units shall offer facilitation for these functionaries.

Article 14 Those units with permission to discharge wastes shall carry out dumping in the designated areas, within the time limits and on the terms specified in the permit. They are required to fill out every detail of the discharge into record forms and submit the forms to the competent department following the instructions in the permit. Those vessels, aircraft, platforms and other means of transportation shall bear conspicuous marks and signals and make detailed entries in the Logbook of the waste dumping activities.

Article 15 The vessels, aircraft, platforms and other means of transportation engaged in dumping activities may, under any of the circumstances as specified in Article 43 of the Marine Environmental Protection Law of the People's Republic of China, be exempt from bearing responsibilities for compensation.

For emergency or rescue purposes, vessels shall try to avoid or reduce pollution damage when dumping wastes into ocean with no regard to terms and areas as specified in the permit and report to the competent department as soon as possible. The waste pumping unit and beneficiaries of the emergency or rescue act shall make compensation for the pollution damage.

If the pollution damage is due to the fault of a third party, the waste dumping unit shall provide the competent department with irrefutable evidence. The third party shall bear the responsibility for compensation upon confirmation by the competent department. When vessels, aircraft, platforms and other means of transportation navigating or operating on the sea are abandoned for irresistible reasons, their owners shall report to the competent department and the nearby harbour superintendency administrations, and shall carry out at once the work of salvaging and cleaning.

Article 16 The competent department shall conduct regular monitoring and testing in the dumping areas, strengthen administration and avoid harmful effect on fishery resources and other activities on the sea. The competent departments may close any area when finding it no longer suitable for waste dumping.

Article 17 Those who, in violation of these Regulations, cause pollution damage to the marine environment may be ordered by the competent department to clean up, pay the cost of eliminating the pollutants and compensate for the victims' losses. A warning or a fine up to 100,000 CNY yuan shall be imposed according to different situations and the graveness of harm done by the waste dumping.

Article 18 Units and individuals demanding compensation shall submit a report of pollution damage claim to the competent department as soon as possible.

The report shall include the time, place, area, object of the damage, list of losses, technical authentication, and notarization. Relevant original documents and photos shall be of help.

Article 19 Units entrusted with the job to eliminate pollutants shall, upon completion of the job, submit a report of claim to the competent department as soon as possible on expenses on eliminating pollution. The report shall include time, place, manpower involved, equipment, vessels, quantity of materials, unit price, methods of calculation, management fee, transportation fee, other relevant expenses, result, other relevant evidence and supporting materials.

Article 20 Standards for penalties on law breaking acts: 1. Anyone involved in one of the following acts shall be warned or fined 2,000 CNY yuan or less: (1) forging inspection reports on wastes; (2) failure to make waste dumping records according to Article 14 of these Regulations; (3) failure to report to the competent department and harbour superintendency administrations in time under the situation defined in Article 15 of these Regulations.

2. If the actual cargo does not conform to the contents in the dumping permit and the case is serious, apart from suspension or revoking of the permit, a fine ranging from 2,000 to 5,000 CNY yuan may be imposed.

3. Those who dump wastes without informing the competent department for verification in accordance with Article 12 of these Regulations may be fined from 5,000 to 20,000 CNY yuan.

4. A fine of 20,000 to 100,000 CNY yuan may be imposed for any of the following acts: (1) dumping wastes into the ocean without permission; (2) failure to dump wastes according to the approved terms and in the designated areas, excluding circumstances specified in Article 15 of these Regulations.

Article 21 Those directly responsible for violation of these Regulations which has caused or is likely to cause pollution damage to the environment may be given a warning or a fine, or both, by the competent department.

Those directly responsible for violation of these Regulations which has caused damage to marine environment resulting in serious property losses or personal injuries and deaths, shall be dealt with by judicial organs for their legal liabilities.

Article 22 The party concerned that does not accept the penalty imposed by the competent department may bring a suit before the people's court within 15 days of receipt of the written decision on the penalty. If no suit is filed, nor has the decision been carried out upon the expiration of that period, the competent department shall petition the people's court to enforce the decision in accordance with the law.

Article 23 Those who, on their own initiative, expose, report on and provide evidences against acts that have violated these Regulations and caused pollution damage to marine environment, or who have done meritorious deeds by taking effective measures to reduce pollution damage shall be commended or awarded.

Article 24 These Regulations shall come into force on April 1, 1985.

Annex I Substances Forbidden to be Dumped 1. Wastes containing halogen element and its compounds, chemical compounds mercury, mercury compound, cadmium and cadmium compounds are forbidden; but negligible content or that which soon changes into harmless substance in the sea water are excluded.

2. Wastes with strong radioactivity and other substances that are strongly radio active.

3. Crude oil and oil waste, refined oil products, residual oil and such oil mixtures.

4. Fishing net, ropes, plastic products and other artificial synthesis which can float on the surface or suspend in the water; and thus seriously affect navigation, fishing and other activities endanger the ocean life.

5. Sewer mud and dredged stuff containing substances as listed in 1 and 2 of this Annex.

Annex II Substances to be Dumped only with Special Permits 1. Wastes that have a high content of the following substances: (1) arsenic and its chemical compounds; (2) lead and its chemical compounds; (3) copper and its chemical compounds; (4) zinc and its chemical compounds; (5) chemical compounds of organic silicon; (6) cyanides; (7) fluorine chemicals; (8) beryllium, chromium, nickel, vanadium and their chemical compounds; (9) pesticides and their by-products which are not listed in Annex I, excluding those which are harmless or can soon dissolve into harmless substances in the sea.

2. Wastes that contain weak radioactive matters.

3. Containers, waste metals and other heavy waste materials that will easily sink to the bottom of the sea and might seriously hinder fishing or navigation.

4. Sewer mud and dredged stuff containing substances listed in 1 and 2 of this Annex.