(Adopted at the 37th Session of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on December 31th, 2019
Chapter One General Provisions
Article 1 In order to regulate the administration of the use of sea areas, protect the marine ecological environment, and promote the reasonable development and sustainable utilization of sea areas, these Regulations are hereby formulated in accordance with the basic principles of the laws and administrative regulations and in light of the actual circumstances of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the exclusive use of sea areas within the Shenzhen Special Economic Zone and the supervision and administration thereof.
For the purpose of these Regulations, sea areas refer to the surface, waterbody, seafloor, and subsoil of internal waters within the jurisdiction of Shenzhen Municipality.
Article 3 Sea areas shall be used in adherence to the principles of protection priority, reasonable development, land-sea coordination, unified planning, and economic and intensive use so as to achieve the organic integration of ecological, economic, and social benefits.
Article 4 A survey, monitoring, and assessment system for marine resources shall be established to conduct a comprehensive evaluation of marine resources and ecological conditions.
Article 5 Land reclamation shall be completely prohibited except for major projects constructed with the approval of the state.
Article 6 The construction of a key global marine city shall be comprehensively promoted. The spatial layout of sea areas shall be optimized; the protection of the marine ecological environment and the prevention and reduction of disasters shall be strengthened; marine economy shall be vigorously developed; the development and utilization capacities of marine resources shall be enhanced; and the marine culture shall be promoted.
Article 7 The coastlines shall be strictly protected; the ecological restoration shall be vigorously conducted; a marine ecological security shield shall be constructed; and the administration of coastline protection and utilization shall be integrated into the administration of the use of sea areas.
Article 8 The marine department in charge of the municipal people's government (hereinafter referred to as the municipal marine department in charge) shall be responsible for the supervision and administration of the use of sea areas under the municipality's jurisdiction, and its local offices shall undertake the specific work related to the supervision and administration of the use of sea areas.
The relevant competent departments of the people's governments of all coastal districts and the municipal people's government shall perform their duties related to the administration of sea areas in accordance with law, and cooperate with the municipal marine department in charge in strengthening the supervision and administration of the use of sea areas.
Chapter Two Planning Administration of Sea Areas
Article 9 The use of sea areas and the supervision and administration thereof shall strictly comply with the relevant requirements set out in the territorial space plan on the protection of the marine ecological environment and the administration of the use of sea areas.
When a relevant plan for the use of sea areas is prepared and revised, the basic national policies for resource conservation and environmental protection shall be strictly observed, and the most stringent ecological environmental protection regulations shall be implemented. Besides, the principles of conservation priority, protection priority and focus on natural restoration shall be followed, and sea use projects that change the natural attributes of sea areas or seriously affect the marine ecological environment shall be strictly controlled so as to effectively protect the marine ecological environment and safeguard the sustainable utilization of sea area resources.
Article 10 When the master territorial space plan of Shenzhen Municipality is prepared or revised, the effective protection and reasonable utilization of sea areas shall be coordinated, and the ecological, residential, and production spaces of sea areas shall be scientifically laid out, with a focus on the following contents:
(1) spatial layout of sea areas and spatial layout of coastlines;
(2) key fields of use of sea areas and key sea areas;
(3) scope of marine ecological protection red line areas and marine nature reserves at all levels;
(4) natural concentration areas for rare and endangered marine life;
(5) marine life habitats of great economic value, marine natural historical remains and natural landscape protection areas of great scientific and cultural value, and areas otherwise requiring special protection.
Article 11 The municipal ecological environment department in charge shall, in conjunction with the municipal planning and resources, construction, water and other departments and the people's governments of all coastal districts, prepare a marine ecological environmental protection plan and implement it after the content of the municipal people's government and the approval of the Standing Committee of Shenzhen Municipal People's Congress.
The marine ecological environmental protection plan shall determine the objectives of marine ecological environmental protection, main protection measures, prevention and control of marine environmental pollution, among others, and specify the requirements for environmental protection and ecological restoration in relevant areas.
Article 12 A special plan involving the use of sea areas and the protection and utilization of coastlines shall be connected to and shall not conflict with the marine ecological environmental protection plan.
Article 13 The municipal marine department in charge shall, in conjunction with the relevant competent departments, organize the preparation of coastal zone protection and utilization plan and organize its implementation after the approval of the municipal people's government.
The coastal zone protection and utilization plan shall specify the following matters:
(1) scope and development goals of the coastal zone;
(2) spatial layout, coordination between land and marine construction, and planning and control units;
(3) important coastal urban infrastructure and public service facilities;
(4) measures for ecological environmental protection and natural disaster prevention;
(5) other matters as may be required to be specified.
Article 14 The municipal marine department in charge shall, in conjunction with the relevant competent departments, organize the preparation of a detailed plan for key sea areas as the planning basis for the approval of specific projects in key sea areas, and organize its implementation after the approval of the municipal people's government.
The scope of key sea areas may be delineated according to the planning and control units determined per the coastal zone protection and utilization plan, or according to the sea areas involving linear works such as sea dikes, bridges, electrical conduit and undersea tunnels.
The detailed plan for key sea areas shall specify the following matters:
(1) nature and type of sea use in each key sea area;
(2) measures for the control of marine works and coastal works;
(3) land and sea connection requirements for construction projects;
(4) requirements for environmental protection and ecological restoration;
(5) other matters as may be required to be specified.
Chapter Three Management of Coastline Protection
Article 15 A classification-based coastline protection system shall be implemented. Coastlines shall be classified according to their natural resource conditions and development degree into three categories: strict protection, restricted development, and optimal utilization.
Natural coastlines with a well-preserved natural shape and significant ecological functions and resource value shall be classified under strict protection; coastlines with a basically preserved natural shape, relatively good ecological functions and resource value and a relatively low degree of development and utilization shall be classified under restricted development; and coastlines at a highly artificial level and in relatively good coastal protection, development and utilization conditions shall be classified under optimal utilization.
Article 16 For coastlines classified under strict protection, the construction of permanent buildings and structures shall be prohibited, except as needed for national defense security; activities that cause damage to the coastal terrain, landforms and ecological environment such as land reclamation, mining of sea sand and establishment of sewage outfalls shall be prohibited.
Coastlines where high-quality beaches, typical geological landscapes, mangroves, among others, are located shall be classified under strict protection.
Article 17 For coastlines classified under restricted development, development and utilization activities that change the natural shape or affect the ecological functions of the coast shall be strictly controlled; space shall be reserved for future development; and the use of sea areas shall be subject to strict approval.
Article 18 For coastlines classified under optimal utilization, construction projects with the compelling need to occupy the coastline shall be laid out in a concentrated manner; the length of the occupied coastline shall be strictly controlled; and the development and utilization pattern of the coastline shall be optimized.
Article 19 A construction project shall be strictly restricted from occupying the natural coastline. A construction project with the compelling need to occupy the natural coastline shall be demonstrated and approved in strict accordance with the provisions issued by the state and the relevant provisions herein, remediate and restore the natural coastline according to the principle of requisition-compensation balance, and maintain the morphological characteristics and ecological functions of the coastline.
Article 20 The control target of the retention rate of natural coastlines in Shenzhen Municipality shall be not less than 40%. A construction project unable to meet the requirements for the requisition-compensation balance of natural coastlines shall be disapproved of an application for sea use.
The remediation and restoration of coastlines shall be strengthened so as to increase the retention rate of natural coastlines. Remediated and restored coastlines with morphological characteristics and ecological functions of natural coasts shall be classified under natural coastline administration.
Article 21 Coast defense works constructed by utilizing the coastline shall be connected to the dedicated plans related to land and sea areas while taking into account disaster prevention, ecology, landscape, and other functions.
Chapter Four Acquisition of Right to Use Sea Areas
Article 22 Except for circumstances specified in Article 41, the right to use sea areas shall be acquired in accordance with law for exclusive sea use activities that will continue in a specific sea area for more than three months. The right to use a sea area may be created on the water surface, waterbody, seafloor, or subsoil of the sea area.
If the exclusive use of a specific sea area is to continue for less than three months but may have a major impact on national defense security, maritime traffic safety and other public interest or other legal sea use activities, the procedures for temporary use of a sea area shall be handled. The temporary use of a sea area shall not be renewed upon expiry.
For sea use in an emergency repair or disaster rescue works, construction may be commenced in advance, and an application for the use of the sea area shall be filed within ten days from the commencement date.
Article 23 The right to use a sea area may be assigned by submitting an application for approval or by means of bidding, auction or quotation.
If the right to use a sea area is assigned by means of bidding, auction or quotation, the assignment shall be performed publicly on a public resource trading platform under supervision in accordance with law.
Article 24 The municipal marine department in charge shall formulate a directory for application for approval of use of sea areas to include sea use projects such as public facility projects and major construction projects, and implement it upon the approval of the municipal people's government.
If a sea use project is subject to the circumstances set forth in such directory in the preceding paragraph, the right to use a sea area may be assigned by means of submitting an application for approval; and for any other sea use project that meets the requirements of these Regulations, the right to use a sea area shall be assigned by means of bidding, auction or quotation in accordance with law.
Article 25 Under any of the following circumstances, the right to use a sea area shall not be assigned by submitting an application for approval or by means of bidding, auction or quotation:
(1) failing to conform to the requirements of the master territorial space plan, the marine ecological environmental protection plan, the coastal zone protection and utilization plan or any detailed plan for key sea areas;
(2) resources, environment, natural landscape or ecological balance in the sea area may be damaged, and adequate and effective preventive or remedial measures are unavailable;
(3) siltation of navigable waterways and port areas may be caused, production operations at an anchorage or a port may be affected, or port safety may be affected by using a sea area in the vicinity of a port area, and adequate and effective preventive or remedial measures are unavailable;
(4) coastal erosion may be caused, or the safety of coastal works such as sea dikes may be affected, and adequate and effective preventive or remedial measures are unavailable;
(5) navigation, firefighting, rescue or flood drainage may be impeded, and adequate and effective preventive or remedial measures are unavailable;
(6) the safety of a military management zone or a national defense facility may be affected, and adequate and effective preventive or remedial measures are unavailable;
(7) other circumstances where laws and regulations prohibit the use of sea areas.
If the procedures for the temporary use of the sea area are to be handled, the preceding paragraph shall apply.
Article 26 The application and determination of the period for the right to use a sea area shall conform to the provisions on the maximum period in the Law of the People's Republic of China on the Administration of the Use of Sea Areas. The non-operational sea use may be approved in accordance with the maximum period as set forth in the law, and the period for operational sea use shall be determined by the municipal people's government according to the relevant plan and combining with the industry development cycle, the designed service life of sea use projects and others within the maximum period as prescribed in the law.
Article 27 For sea use in a project approved by the municipal people's government in accordance with law, the municipal marine department in charge shall conduct a site survey, propose an examination opinion, and submit it to the municipal people's government for approval; for any other application for sea use, the municipal marine department in charge shall conduct a site survey, propose an examination opinion, and submit it to the higher people's government for approval in accordance with the approval authority after the approval of the municipal people's government.
Article 28 If the exclusive use of a specific sea area is to continue for more than three months, the use shall be demonstrated in accordance with law.
Article 29 If the right to use a sea area is to be assigned by submitting an application for approval, the applicant shall demonstrate the use of the sea area before application; and if the right to use a sea area is to be assigned by means of bidding, auction or quotation, the municipal marine department in charge shall organize a demonstration of the use of the sea area before bidding, auction or listing.
A sea area use demonstration report shall be prepared and a sea area use demonstration conclusion shall be drawn after the sea area use demonstration. The sea area use demonstration shall focus on the following contents:
(1) necessity of sea use;
(2) reasonableness of the location selection, mode, area and period of the sea use project;
(3) whether the sea use project complies with the requirements for relevant plans;
(4) reasonableness of coordination solutions to the conflict of interest which the sea use project is in;
(5) possible impacts on the marine ecological environment and corresponding countermeasures recommendations and suggestions.
The approved sea area use demonstration report shall be used as the basis for preparing the design plan for the sea-related part of marine works and coastal works.
Article 30 A government-invested sea use project whose right to use a sea area is assigned by submitting an application for approval shall, before the approval and confirmation by the municipal development and reform department, solicit comments on such matters as the necessity, location, scope, planning conditions and public ancillaries of sea use from the municipal marine department in charge and comments on measures for ecological environmental protection from the municipal ecology and environment department.
Article 31 If the right to use a sea area is assigned by means of bidding, auction or quotation, the municipal marine department in charge shall formulate an assignment plan after soliciting comments from relevant departments and implement it after the approval of the municipal people's government. The assignment plan shall specify the location, scope, status quo, purpose, sea use method, sea use type, planning conditions, use period, assignment method, requirements for ecological environmental protection, coordinated solutions to conflicts of interest, among others, related to the sea area under assignment.
When formulating an assignment plan, the municipal marine department in charge shall organize a valuation of the right to use the sea area to be assigned and fix a reserve price for an assignment.
Article 32 After an application for sea area use is approved or the procedure for assignment by bidding, auction or quotation is completed, the municipal marine department in charge shall conclude a contract for the assignment of the right to use the sea area with the applicant, the bid winner or the buyer, and shall have the right to use the sea area registered after the applicant, the bid winner or the buyer pays the relevant fees.
A contract for the assignment of the right to use a sea area shall specify the following contents:
(1) location, scope, use, planning conditions and sea use method of the sea area under assignment;
(2) ecological environmental protection measures required to be taken;
(3) assignment price and payment method;
(4) use period and renewal conditions;
(5) conditions for recovering the right to use the sea area;
(6) liability for breach of contract.
In the case of works construction, the contract for the assignment of the right to use a sea area shall also specify the requirements for the commencement and completion of the construction works.
Article 33 The holder of the right to use a sea area shall pay the sea area use fee in accordance with law. If the right to use the sea area expires, and the holder of the right to use the sea area applies for continuing to use and is granted renewal, the sea area use renewal fee shall be paid in accordance with law.
Article 34 If it is necessary to handle the procedures for temporary use of a sea area, the applicant shall submit the following materials to the municipal marine department in charge:
(1) application letter;
(2) a boundary plan of the sea area under application;
(3) a design plan for the construction of structures, the building of construction access roads, etc. in the case of temporary and necessary use of a sea area because of the construction of marine works or coastal works other than those as specified in Article 41;
(4) other materials required by laws and regulations.
For temporary sea use, no building may be constructed. If the construction of sea use facilities or structures such as construction cofferdams, causeways, scientific research observation facilities is compellingly necessary, the user shall take adequate and effective measures to reduce the adverse impact on the marine ecological environment. When the period of temporary use of the sea area expires, the user shall remove the sea use facilities and structures on its own initiative and restore the sea area to its original conditions.
Article 35 For the transfer, mortgage, leasing or succession of the right to use a sea area, the holder of the right to use the sea area shall handle the relevant registration in accordance with the relevant provisions issued by the state.
For the registration of the transfer, mortgage, leasing or succession of the right to use a sea area, all buildings and structures within the sea area shall be registered accordingly; and for the registration of the transfer, mortgage, leasing or succession of any building or structure within the sea area, the right to use the sea area affected shall also be registered.
Article 36 The holder of the right to use a sea area shall not leave the transferred sea area idle.
Except for force majeure such as marine disasters, the sea area shall be deemed at idle under any of the following circumstances:
(1) construction fails to commence one year after the commencement date specified in the contract for assignment of the right to use the sea area or the relevant approval document;
(2) construction has commenced but the sea area actually developed and constructed is less than one-third of the total sea area to be developed or the amount invested (excluding the payment of the sea area use fee and related taxes and charges made in accordance with law) is less than 25% of the total investment amount, and the development and construction have been suspended for one year without approval;
(3) the use of the sea area has been suspended for more than one year without a justifiable reason.
Article 37 Under any of the following circumstances, the municipal marine department in charge may apply to the municipal people's government or the higher people's government for recovering all or part of the right to use a sea area according to relevant provisions:
(1) to meet the need of public interest or national security;
(2) functions of the sea area change as a result of any adjustment of a plan;
(3) a sea use project is adjusted under a prohibited or restricted industry as a result of any adjustment of industry policy;
(4) a major change in the natural resources or natural conditions of the sea area occurs, due to which the holder of the right to use the sea area proposes to terminate the right to use the sea area and applies for deregistration;
(5) damaged natural environment and ecological balance of the sea area fail to be timely restored in accordance with law or the contract for the assignment of the right to use the sea area;
(6) unauthorized change of the sea area use after being ordered to do so;
(7) unpaid sea area use fee in accordance with law fails to be corrected after being ordered to do so;
(8) other circumstances where these Regulations and or any of the laws and regulations require the recovery of the right to use the sea area.
If the right to use the sea area is recovered in advance because of the circumstances as described in the preceding paragraphs (1) - (3), the holder of the right to use the sea area shall be compensated accordingly after the assessment in accordance with law based on the use period, development and utilization of the sea area.
Article 38 When the right to use a sea area expires and if the holder of the right to use the sea area needs to continue using the sea area, it shall apply to the municipal marine department in charge for renewal within two months before the expiry. Except under any of the following circumstances, the municipal marine department in charge shall apply to the municipal people's government or the higher people's government for approval of renewal in accordance with the provisions:
(1) national security or any other public interest entails the recovery of the right to use a sea area;
(2) a sea use project fails to conform to the master territorial space plan, the marine ecological environmental protection plan, the coastal zone protection and utilization plan or any detailed plan for key sea areas;
(3) the contract for the assignment of the right to use a sea area precludes renewal;
(4) other circumstances where laws and regulations prescribed that no renewal shall be made.
Article 39 Under any of the following circumstances, the right to use a sea area shall be terminated:
(1) the right to use the sea area expires, and its holder has not applied for renewal or the application for renewal is disapproved;
(2) the right to use the sea area expires, and the contract for assignment of the right to use the sea area precludes renewal;
(3) the right to use the sea area is recovered in accordance with law;
(4) the application for terminating the right to use the sea area from its holder is approved;
(5) other circumstances as stipulated by laws and regulations.
If the right to use a sea area is terminated, its holder shall return the certificate of the right to use the sea area and handle deregistration. If the holder of the right to use the sea area fails to handle deregistration in accordance with law, the registration authority shall, as authorized, handle and announce deregistration in accordance with law.
Article 40 After a land reclamation project for which the right to use a sea area has been obtained in accordance with law is completed and accepted, the holder of the right to use the sea area may apply to the real property registration authority for registration of the right to use state-owned construction land with the certificate of the right to use the sea area, the contract for assignment of the right to use the sea area, the acceptance document of the use of the sea area for the completed project and other materials, and shall substitute a certificate of the right to use state-owned construction land in accordance with the use determined when the land reclamation was approved. Before the development and construction of the land, the holder of the right to use the land shall, in accordance with the relevant provisions on the administration of state-owned land, pay the land price and sign a contract for assignment of the right to use state-owned land with the planning and resources department. The specific measures shall be formulated by the Municipal People's Government.
The registration of the right to use state-owned construction land shall extinguish the right to use the corresponding sea area.
Article 41 The following projects using the sea shall not be required to acquire the right to use a sea area, but shall abide by the provisions on the administration of marine ecological environmental protection and construction projects:
(1) building and maintaining public waterways and anchorages;
(2) building public disaster prevention and reduction facilities such as breakwaters and flood barriers;
(3) conducting marine ecological remediation and restoration activities by relevant competent departments of the municipal and district people's governments;
(4) building temporary auxiliary facilities for major projects and public infrastructure projects and removing them on the initiative and restoring the sea area to its original status within 12 months.
The municipal marine department in charge shall, in conjunction with the relevant competent departments, determine the person responsible for the administration of sea use for any of the projects as mentioned in the preceding paragraph, delimit the scope of administration, sign an administration agreement, and specify the responsibilities for administration. The specific measures shall be formulated by the municipal people's government.
Chapter Five Administration of Use of Sea Areas
Article 42 The holder's right to use a sea area and to obtain income in accordance with law shall be protected by law, and shall not be violated by any entity or individual.
The holder of the right to use a sea area shall have the obligation to protect in accordance with law and reasonably use the sea area; and it may not obstruct the non-exclusive sea use activity that does not interfere with its use of the sea area in accordance with law.
Article 43 When using a sea area, the holder of the right to use a sea area shall strictly abide by the relevant laws and regulations, conscientiously perform all the obligations under the contract for assignment of the right to use the sea area, and accept supervision and inspection by the municipal marine department in charge, the municipal comprehensive marine enforcement authority and other relevant competent departments.
When a major change occurs to the natural resources or natural conditions of the sea area in use, the holder of the right to use the sea area shall promptly report to the municipal marine department in charge.
Article 44 The construction employer of marine works or coastal works shall conduct a scientific investigation of the marine ecological environment, reasonably select a site based on natural and social conditions, prepare an environmental impact report, and submit it to the municipal ecological environmental department for approval in accordance with law before commencing the construction project.
Article 45 The environmental impact evaluation of marine works or coastal works shall focus on the comprehensive analysis, forecasts and assessments on the impact of the works on the marine ecological environment and marine resources, and propose corresponding ecological environmental protection measures to prevent, control or mitigate the adverse effects and damages caused by the works to the marine ecological environment and marine resources.
Article 46 An environmental impact report of marine works shall contain the following matters:
(1) works overview;
(2) current status of the ecological environment of the sea area where the works are located and the development and utilization of adjacent sea areas;
(3) analysis of the works' conformity with the requirements of planning for the protection of the marine ecological environment and the administration of the use of sea areas;
(4) analysis, forecasts and assessments of the possible impact of the works on the marine ecological environment and marine resources;
(5) analysis and forecasts of the impact of the works on the functions of adjacent sea areas and other development and utilization activities;
(6) ecological environmental feasibility analysis of the ecological sea use plans for the works (including plans for coastline utilization, sea use layout, ecological restoration and compensation, follow-up monitoring, monitoring capacity building, etc.);
(7) ecological environmental feasibility analysis of the site selected for the works;
(8) economic cost-benefit analysis and environmental risk analysis of the impact of the works on the marine ecological environment;
(9) proposed ecological environmental protection measures and their economic and technical demonstration;
(10) public involvement;
(11) conclusion of ecological environment impact evaluation.
If the marine works may cause any damage to the coastal ecological environment, its environmental impact report shall add the analysis and evaluation of the impact of the works on terrestrial ecosystems such as near-shore nature reserves.
Article 47 A coastal works environmental impact report prepared according to the relevant provisions shall also include the following matters:
(1) ecological environmental conditions of the site the construction project is located and its surrounding sea areas;
(2) impact the construction of the works may have on the marine ecological environment;
(3) proposed marine ecological environmental protection measures and the conclusion of their economic and their technical feasibility demonstration;
(4) conclusion of the assessment of the impact the construction project has on the marine ecological environment.
Article 48 If a land reclamation project fails to conclude a contract for assignment of the right to use state-owned construction land according to Article 40, its development and construction activities shall not be conducted. If the state has different provisions on port construction, such provisions shall prevail.
If a land reclamation project needs to construct any temporary building, the information on the proposed temporary building such as its location, area, use, height, building materials and term of use shall be reported to the municipal comprehensive marine enforcement authority. The holder of the right to use the sea area shall remove the temporary building on its own initiative before handling the registration of the right to use state-owned construction land.
A temporary building as referred to in the preceding paragraph shall not be used for a purpose other than the construction of works.
Article 49 Coastal works that pollute the environment or damage the landscape shall not be built in a marine ecological protection red line area, marine nature reserve at any level, scenic seaside area or any other area requiring special protection. The construction of coastal works outside the above-mentioned areas shall not prejudice the ecological functions or environmental quality of these areas.
Article 50 The construction of coastal works shall not change or damage the habitat environment of wild animals and plants under key national and local protection; coastal works that may cause pollution and damage to the habitat environment of wild animals and plants under key protection shall not be constructed. If such construction is compellingly required, the approval of the administrative authority for wild animals and plants in charge shall be obtained, and the construction employer shall be responsible for organizing and adopting ex-situ breeding and other measures to ensure the survival of species.
Article 51 For the construction of offshore dikes or sea crossing bridges, or marine recreation and sports, or landscape development and construction, or navigable waterway dredging, effective measures shall be taken to prevent siltation or erosion of the coast.
Article 52 If the coastal works require a sea area to construct an offline building or structure, the procedures for approval and filing of planning, construction, fire protection and other construction projects shall be handled together with the main onshore works.
If an offshore building or structure is to be constructed for marine works, construction approval procedures shall be handled in accordance with the provisions of these Regulations. The municipal planning and resources, construction, fire protection and other departments in charge may formulate relevant standards or technical specifications for the construction of offshore buildings and structures as necessary.
The approval of the construction of coastal works or marine works such as ports, highways, electrical conduits and undersea tunnels, shall be executed according to the relevant provisions issued by the state.
Article 53 When an offshore building or structure is constructed, converted or expanded for marine works, the construction employer shall submit the following materials to the municipal planning and resources department and apply for marine works planning permit:
(1) a sea area use demonstration report;
(2) the certificate of the right to use the sea area, or the management scope regulatory agreement, and the contract for assignment of the right to use the sea area if it is concluded;
(3) materials such as the construction work design plan.
If the materials are complete and the construction works design plan conforms to the sea area use demonstration report and the detailed plan for key sea areas, the municipal planning and resources department shall issue a marine works planning permit.
Article 54 When an offshore building or structure to be constructed, converted or expanded for marine works is a large and densely populated site or a special construction project, an application for fire protection design review shall be filed with the construction department in charge in accordance with law. For the construction of any other offshore building or structure, the construction employer shall file fire protection design documents with the construction department in charge, which shall conduct a random inspection as required; If no construction permit is required according to the regulations, the registration for fire protection design may not be handled.
Article 55 When an offshore building or structure is constructed, converted or expanded for marine works, the construction employer shall, before the commencement of the works, submit its works planning permit, design documents of the construction drawing, and the review opinions from the fire protection, ecological environment and other departments to the construction department in charge and apply for a construction permit.
Article 56 Before and after the commencement of land reclamation works, the municipal comprehensive marine enforcement authority may inspect the reclamation method, fill materials, schedules and other information and facilities determined by the construction employer.
If the reclamation method, fill materials, etc. in the preceding paragraph do not conform to the relevant requirements of the sea area use demonstration report or the environmental impact report, the municipal comprehensive marine enforcement authority shall order the construction employer to conduct correction.
Article 57 After the completion of marine works, the construction employer shall commission a surveying and mapping institution to conduct as-built survey and mapping and apply to the municipal planning and resources department for planning acceptance after the completion of as-built survey and mapping. If the requirements of the marine works planning permit are met, the municipal planning and resources department shall issue a planning acceptance certificate within 20 working days from the date of receipt of the acceptance application; marine works without acceptance inspection or failing to pass the inspection shall not be handled the relevant real property registration and shall not be put into use. The acceptance of marine works may be phased according to the actual circumstances of the project.
The specific acceptance standards for marine works shall be formulated by the municipal planning and resources department and implemented after the approval of the municipal people's government.
Article 58 The construction department in charge and the quality of the works supervision institution authorized by it shall be responsible for supervising and administering the construction activities of offshore buildings and structures. The fire protection, special equipment safety, gas and other departments in charge shall be responsible for the special acceptance or filing of offshore buildings and structures.
The construction employer shall organize the completion inspection and acceptance of offshore buildings and structures and file the works acceptance report as well as planning, fire protection, elevator, gas and other conformity certifications or use permits with the construction department in charge within 15 days from the date of acceptance of the works.
Article 59 Sea use activities conducted within the protection scope of linear facilities such as roads, electrical conduits and undersea tunnels shall conform to the relevant provisions on the protection and administration of such facilities. If the sea use of urban infrastructure or a public service facility project needs to engage in offshore operations or construction of related facilities within the protection scope of the above facilities, the applicant shall negotiate with the owner of such facilities, reach an agreement on relevant technical treatment, protection measures, compensation for damages, etc., and notify the relevant industry departments in charge before construction. No sea use activities shall be conducted within the protection scope of the aforesaid facilities if the agreement is not reached.
If the state and Guangdong Province have separate provisions on the construction in the high consequence area of oil and gas pipelines and other linear projects for hazardous articles, such provisions shall prevail.
Article 60 When a major project approved by the state requires land reclamation, the reclamation area of a single project, the length of the occupied coastline, reclamation by levelling along the coastline, uncurling, island connection works, etc. shall be subject to strict control. The reclamation within a bay shall be subject to strict control as well.
Article 61 A fishery resource protection system shall be established. The municipal and district people's governments shall adopt such measures as establishing no-fishing zones, closed seasons, species releasing to protect marine fishery resources.
Article 62 A protection system for beaches, mangroves, and coral reefs shall be established. Entities and individuals shall be prohibited from damaging or appropriating beaches, mangroves, and coral reefs and be prohibited from building coastal works that may destroy the beach, mangrove, and coral reef ecosystems in the habitats of beaches, mangroves and coral reefs.
Article 63 The municipal people's government shall formulate relevant protection measures and exercise classification-based administration according to the ecological environment and resource carrying capacity of beaches, mangroves and coral reefs.
The municipal planning and resources department shall organize surveys and assessments of beaches, mangroves and coral reefs, establish and promptly update the records of resource administration, and conduct unified protection and administration.
The people's governments of all coastal districts shall perform their duties to protect the beaches, mangroves and coral reefs within their jurisdictions in accordance with relevant provisions. The damages and losses caused to beaches, mangroves and coral reefs by natural disasters and other reasons shall be restored in accordance with relevant provisions. The specific measures shall be formulated by the Municipal People's Government.
Article 64 The following sea use acts shall be prohibited:
(1) discharging oil or wastewater directly into a sea area;
(2) incinerating waste or disposing of toxic or hazardous substances in a sea area;
(3) illegally dumping waste into a sea area;
(4) illegally placing a marine outfall or discharging land-source pollutants into a sea area;
(5) illegally mining sand;
(6) illegally constructing a building or structure in a sea area;
(7) illegally appropriating or damaging coastline or beach resources;
(8) illegally mining coral reefs or damaging mangroves;
(9) other acts that damage the marine ecological environment.
Chapter Six Supervisory Inspection
Article 65 The municipal marine department in charge shall strengthen supervision and administration of the use of sea areas. The municipal comprehensive marine enforcement authority shall be responsible for the daily supervisory inspection of the use of sea areas within its jurisdiction, and when any discovered unlawful use of sea areas or illegal act of damaging the marine ecological environment is found, it may file a case for investigation and punishment in the name of the authority in accordance with law.
Article 66 The relevant departments of the people's governments of all coastal districts and the municipal people's government shall strengthen the supervision and administration of the use of sea areas within their jurisdictions in accordance with their functions and when any unlawful use of sea areas or illegal act of damaging the marine ecological environment is found, they shall handle on their own initiatives or promptly refer to a competent authority for handling.
Article 67 A public involvement system for the use of sea areas shall be established. For the following matters, comments shall be solicited from the public:
(1) preparing and amending the master territorial space plan and special plans related to the protection of the marine ecological environment and the use of sea areas;
(2) approving or requesting approval of sea use in a project that needs to change the natural attributes of a sea area or the natural coastline;
(3) approving or requesting approval of sea use in a project that uses more than 700 hectares of the sea area without changing the natural attributes of the sea area;
(4) soliciting comments from the public as decided by the municipal people's government on the sea use in a project.
The relevant departments shall conscientiously study the comments and recommendations from the public and attach the objection handling opinions when applying to the municipal people's government for review or approval.
For sea use in a project for which a sea area use demonstration report is required or temporary sea use related to the public interest, the municipal marine department in charge shall, before reporting to the municipal people's government for review or approval, publish the scope, use, area, among others, of the proposed sea use for not less than ten days, at the same time of soliciting comments from the public. If there is any objection to the proposed sea use in a project within the publication period, the objection handling opinions shall be attached when applying to the municipal people's government for review or approval.
Under any of the following circumstances, the municipal marine department in charge or any relevant competent department shall hold a hearing in accordance with law:
(1) an application for the use of a sea area involves public interest;
(2) an application for the use of a sea area directly involves a major interest relationship between the applicant and another person, and the interested party applies for a hearing;
(3) the sea use in any other project with respect to which the municipal people's government decides to hold a hearing.
Article 68 A social supervision system for the use of sea areas shall be established.
All entities and individuals shall have the right to report any illegal use of a sea area or act of damaging the marine ecological environment to the municipal marine department in charge, the municipal comprehensive marine enforcement authority or any other relevant competent department. The department or authority accepting a report shall handle on its own initiative or promptly refer to a competent authority for handling.
Radio, television, newspapers, Internet media, etc. shall play the role of news public opinion supervision by promptly covering any illegal use of a sea area or serious illegal act of damaging the marine ecological environment.
Article 69 When any illegal use of a sea area or act of damaging the marine ecological environment seriously infringes the public interest, the municipal and district people's procuratorates may file a public interest litigation or support any relevant social organization in doing so in accordance with law.
Article 70 The municipal and district people's governments shall strengthen the supervisory inspection of the ecological environmental protection of sea areas and strictly control land reclamation and other sea use projects that change the natural attributes or the ecological environment of sea areas, and promptly organize the restoration of the damaged natural ecosystems of sea areas.
Article 71 The municipal marine department in charge shall establish a dynamic monitoring system for the use of sea areas to monitor the use of sea areas in real-time and regularly release sea area use monitoring and related statistical reports.
Article 72 The municipal marine department in charge of the municipal comprehensive marine enforcement authority may install monitoring facilities on equipment related to marine dumping and sand mining that may pollute the marine environment and cause damage to the marine ecology, and strengthen the supervision of the use of sea areas and the protection of the marine ecological environment, and the holder of the right to use sea areas shall cooperate.
Article 73 When performing their duties, the enforcement staff of the municipal comprehensive marine enforcement authority shall present their valid enforcement certificates. When any illegal use of a sea area or the act of damaging the marine ecological environment is found, the enforcement staff shall order the actor to discontinue the illegal act immediately, and may take the following measures:
(1) requiring the party to provide documents and materials related to the use of the sea area;
(2) requiring the party to make explanations on relevant issues;
(3) entering the relevant venue to conduct surveys, take photographs or make video recordings;
(4) consulting relevant materials;
(5) withholding the relevant tools and equipment used by the party in the case of serious damage that may be caused to the marine ecological environment.
Article 74 When a district people's government or a municipal relevant competent department needs assistance from the municipal marine department in charge in transportation, telecommunications or information access in performing its duties to supervise and administer the use of sea areas in accordance with law, the municipal marine department in charge shall provide assistance in a timely manner.
Chapter Seven Legal Liability
Article 75 If a sea area is illegally appropriated without approval or with approval obtained by fraudulent means, the municipal comprehensive marine enforcement authority shall order to stop the illegal act, return the illegally appropriated sea area and restore the sea area to its original status, confiscate the illegal income, and impose a fine ten times the sea area use fee payable for legally using the sea area.
Article 76 If land reclamation is conducted without approval or with approval obtained by fraudulent means, the municipal comprehensive marine enforcement authority shall order to stop the illegal act, return the illegally appropriated sea area, and restore the sea area to its original status, confiscate its illegal income, and impose a fine 20 times the sea area use fee payable for legally using the sea area.
Article 77 If, in violation of Article 34(2), the holder of the right to use a sea area fails to restore the sea area to its original status at the expiry of the temporary use of the sea area, the municipal comprehensive marine enforcement authority shall order to restore the sea area to its original status within one month; if the holder fails to do so, the municipal comprehensive marine enforcement authority shall confiscate its illegal income and impose a fine five times the sea area use fee payable for legally using the sea area.
Article 78 If, in violation of Article 36, the holder of the right to use a sea area leaves the sea area idle for more than one year but less than two years, the municipal comprehensive marine enforcement authority shall order to take corrective actions within a time limit and impose a fine two times the sea area use fee payable for the idle period; if the sea area is left idle for more than two consecutive years, the right to use the sea area shall be recovered without compensation.
Article 79 If, in violation of Article 40, the development and construction are commenced before the conclusion of a contract for assignment of the right to use state-owned construction land, the municipal comprehensive marine enforcement authority shall order to stop the illegal act and remove the buildings, structures and facilities within a time limit; if the violator fails to do so, it shall impose a fine of no less than 100,000 yuan and no more than 500,000 yuan. Illegal acts related to construction, environmental protection, market regulation, firefighting, production safety, etc. shall be punished by the relevant competent departments in accordance with law.
Article 80 If, in violation of Article 53, construction is commenced without a marine works construction planning permit or not according to the requirements of the permit, the municipal comprehensive marine enforcement authority shall order to stop the construction; corrective actions shall be taken within a time limit and if fails, a fine of 10% of the construction works cost shall be imposed; if the impact is unable to be eliminated by corrective actions, the construction shall be removed within a time limit and if fails, the material objects or illegal income shall be confiscated with a fine of 10% of the construction works cost.
Article 81 If the use of a sea area is renewable before expiry hereunder, and the holder of the right to use the sea area continues to use the sea area without handling renewal procedures, the municipal comprehensive marine enforcement authority shall order to handle the renewal procedures within a time limit; if the holder fails to do so, the municipal comprehensive marine enforcement authority shall order it to return the illegally appropriated sea area and restore the sea area to its original status, confiscate its illegal income, and impose a fine ten times the sea area use fee payable for legally using the sea area.
If the use of a sea area is not renewable hereunder, and the holder of the right to use the sea area fails to vacate the sea area and restore the sea area to its original status, the municipal comprehensive marine enforcement authority shall order it to return the illegally appropriated sea area and restore it to its original status within a time limit; if the holder fails to do so, the municipal comprehensive marine enforcement authority shall confiscate its illegal income and impose a fine ten times the sea area use fee payable for legally using the sea area.
Article 82 If, in violation of Article 57, marine works put into use without acceptance inspection or failing to pass the inspection, the municipal comprehensive marine enforcement authority shall order to stop the use and impose a fine of 100,000 yuan.
Article 83 If, in violation of Article 64(3), waste is illegally dumped into a sea area by means of a ship, the municipal comprehensive marine enforcement authority shall impose a fine of no less than 100,000 yuan but no more than 500,000 yuan; if waste is illegally dumped into a sea area by using an automobile or any other vehicle, the municipal comprehensive marine enforcement authority shall impose a fine of no less than 50,000 yuan but no more than 200,000 yuan.
Article 84 If, in violation of Article 64(5), sand is illegally mined, the municipal comprehensive marine enforcement authority shall order to stop the illegal act and impose a fine of no less than 200,000 yuan but not more than 500,000 yuan.
Article 85 If, in violation of Article 64(8), coral reefs are illegally mined or mangroves are damaged, the department in charge performing its supervisory duties in accordance with law shall confiscate the illegal income and impose a fine of no less than 30,000 yuan but no more than 100,000 yuan.
Article 86 If the municipal marine department in charge of the municipal comprehensive marine enforcement authority illegally issues a certificate of the right to use a sea area, or fails to perform supervision and administration in accordance with law after issuing a certificate of the right to use a sea area, or fails to investigate and punish an illegal act found in accordance with law, disciplinary action shall be taken against the directly liable person in charge and other directly liable persons in accordance with law; if malpractice, abuse of power or neglect of duty constitutes a crime, the offender shall be held criminally liable in accordance with law.
Article 87 If these Regulations fail to stipulate administrative penalty or administrative coercion measures for acts in violation of the provisions hereunder, the municipal comprehensive marine enforcement authority shall make a penalty or take administrative coercion measures according to the relevant provisions of the Law of the People's Republic of China on the Administration of the Use of Sea Areas, the Marine Environmental Protection Law of the People's Republic of China and other laws and regulations.
Chapter Eight Supplementary Provisions
Article 88 The definitions of the following terms in these Regulations are as follows:
(1) coastline means the line between the sea and the land.
(2) coastal zone means the interface between the sea and the land, including the coastal land extended from the coastline to the land and the near-shore sea area extended from the coastline to the marine side.
(3) marine works mean the construction, conversion and expansion works intended to develop, utilize, protect and restore the marine resources whose main part is located on the marine side of the coastline.
(4) coastal works mean the construction project whose main part or operational activities are located on the land side of the coastline, which completes part or all functions of controlling seawater or utilizing a sea area and affects the marine ecological environment.
Article 89 If a sea area has been in use without handling the procedures for the use of the sea area as required before the Law of the People's Republic of China on the Administration of Use of Sea Areas comes into force, an application for handling the procedures related to the right to use the sea area shall be applied within six months after these Regulations become effective. In the case of compliance with the provisions of the laws and regulations and the requirements of the relevant plans, the relevant procedures shall be handled in accordance with law and the sea area use fee shall be retroactively paid in a lump sum; if no application is filed within the time limit or the application does not conform with the laws and regulations and the requirements of the relevant plans, actions shall be taken in accordance with the relevant provisions.
The land reclamation problem left over by history shall be dealt with in accordance with relevant provisions.
Article 90 Where these Regulations provide for fines and penalties, the municipal comprehensive marine enforcement authority shall, within six months from the date of the implementation hereof, formulate specific standards of implementation on the range of fines as provided for herein.
Article 91 The Regulations herein shall become effective as of May 1st, 2020.
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