REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRA-TION OF ENVIRONMENTAL PROTECTION IN THE EXPLORATION AND DEVELOPMENT OFOFFSHORE PETROLEUM
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
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 (法规全文)
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRA-
TION OF ENVIRONMENTAL PROTECTION IN THE EXPLORATION AND DEVELOPMENT OF
OFFSHORE PETROLEUM
(Promulgated by the State Council on December 29, 1983)
Article 1
These Regulations are formulated in order to implement the Marine
Environmental Protection Law of the People's Republic of China and prevent
pollution damage to marine environment resulting from offshore petroleum
exploration and development.
Article 2
These Regulations are applicable to enterprises, institutions, operators
and individuals engaged in the exploration and development of petroleum in
the sea areas under the jurisdiction of the People's Republic of China,
and the stationary and mobile platforms and other relevant facilities they
use.
Article 3
The departments in charge of environmental protection in exploration and
development of offshore petroleum are the State Oceanographic Bureau of
the People's Republic of China and its agencies, hereinafter referred to
as the "competent departments".
Article 4
Enterprises or operators, while compiling the overall programs for
developing oil (gas) fields, must compile a marine environmental impact
report and submit it to the Ministry of Urban and Rural Construction and
Environmental Protection of the People's Republic of China. The Ministry
of Urban and Rural Construction and Environmental Protection, in
conjunction with the State Oceanographic Bureau and the Ministry of
Petroleum Industry, is to organize examination and approval in accordance
with the stipulations governing the administration of environmental
protection over the projects of state capital construction.
Article 5
The marine environmental impact report shall include the following:
(1) the name, geographical position and size of the oil field;
(2) the natural environment and the conditions of marine resources of the
sea areas where the oil field is located;
(3) the types, composition, amount and the means of disposal of the waste
materials to be discharged in developing the oil field;
(4) an assessment of the impact on the marine environment; the possible
impact from development of offshore petroleum on the natural environmental
and marine resources of the surrounding sea areas; the possible impact on
the sea fishery, shipping and other sea activities; measures for
environmental protection to be adopted to avoid and reduce various types
of harmful impact;
(5) the impact that can not be avoided in the final outcome and the
graveness and causes of the impact;
(6) measures for preventing major oil pollution accidents: the
organization of prevention, provision of personnel, technical equipment
and communications and liaison.
Article 6
Enterprises, institutions and operators shall have the capacity of dealing
with emergencies with regard to the prevention and control of oil
pollution accidents, formulate emergency plans, have oil-recovery
facilities and equipment for containing oil and eliminating oil
commensurate with the scale of exploration and development of offshore
petroleum in which they are engaged.
If oil-eliminating chemical agents are to be used, their brand names and
composition shall be reported to the competent departments for
verification and approval.
Article 7
The requirements for the pollution-prevention equipment of the stationary
and mobile platforms are:
(1) oil and water separation equipment shall be fitted;
(2) the oil extraction platforms shall be fitted with the equipment for
treating oil-polluted water; the oil content of the polluted water, after
treatment by this equipment, shall reach the discharge standards set by
the State;
(3) devices for monitoring and control of oil discharge shall be fitted;
(4) facilities for retrieving residual oil and waste oil shall be fitted;
(5) equipment for garbage pulverization shall be fitted;
(6) the above equipment shall go through the examination by the shipping
inspection agencies of the People's Republic of China and must satisfy the
standards before efficacy certificates are issued.
Article 8
The stationary and mobile platforms that already started petroleum
exploration and development in the sea areas under the jurisdiction of the
People's Republic of China before March 1, 1983, if their pollution-
prevention equipment do not meet the stipulated requirements, shall adopt
effective measures to prevent pollution, and their pollution-prevention
facilities are to satisfy the stipulated requirements within three years
of the promulgation of these Regulations.
Article 9
The enterprises, institutions and operators shall possess civil liability
insurance or other financial guarantees to cover pollution damage.
Article 10
The stationary and mobile platforms shall be fitted with anti-pollution
record books in the format approved by the competent departments.
Article 11
The oil-polluted water of stationary and mobile platforms may not be
directly discharged or after dilution. The oil content of the oil-polluted
water discharged after treatment must meet the State's relevant standards
of discharging oil-polluted water.
Article 12
Requirements of control for other waste materials:
(1) residual oil, waste oil, oil-based mud, garbage containing oil and
other toxic residual liquid and dregs must be recovered, and may not be
discharged or cast off into the sea;
(2) the dumping of industrial garbage in large quantities is to be managed
in accordance with the stipulations of marine dumping of waste materials;
fragmentary industrial garbage may not be discarded into the fishery
waters and sea-lanes;
(3) domestic garbage that need to be discharged within 12 nautical miles
from the nearest land shall undergo pulverization treatment with the
granules less than 25 millimeters in diameter.
Article 13
Where exploration and development of offshore petroleum require explosive
demolitions by using explosives or other operations that are harmful to
fishery resources in the important fishery waters, effective measures
shall be adopted to avoid the spawning, breeding and fishing seasons of
the major fishes and shrimps of economic value; a report is to be made to
the competent departments before the operations and there shall be clear
signs and signals when the operations are under way.
The competent departments, on receiving the report, shall notify the
relevant units of the place and time of the operations in good time.
Article 14
Marine oil storage facilities and pipelines for the conveyance of oil
shall conform to anti-seepage, anti-leakage and anti-rotting requirements,
and shall constantly be checked and maintained in good condition, so as to
prevent oil leakage.
Article 15
In testing oil on the sea, oil and gas shall be fully burned out in the
combustion devices. With regard to the oils and oil-based mixtures falling
into the sea in the course of testing oil, effective measures shall be
adopted to treat them, and accurate records are to be kept.
Article 16
Enterprises, institutions and operators shall, immediately upon detection
of the occurrence of pollution accidents such as oil overflow and oil
leakage in operation, adopt measures for containing oil and oil recovery
to control, reduce and remove the pollution. In case of occurrence of
major pollution accidents such as oil overflow, oil leakage and well
blowout in large quantities, report shall immediately be made to the
competent departments, and effective measures are to be adopted to control
and remove the oil pollution, and the matter shall be subject to
investigation and handling by the competent departments.
Article 17
The use of oil-eliminating chemical agents shall be controlled:
(1) When oil pollution accidents occur, measures for recovery shall be
adopted; with regard to the small amount of oil that is actually beyond
recovery, it is permitted to use a small amount of oil-eliminating
chemical agents.
(2) With regard to the amount of irretrievable oil-eliminating chemical
agents (including the solvent) to be used, separate specific stipulations
shall be worked out by the competent departments according to different
conditions in different sea areas. The operators shall report to the
competent departments according to stipulations, and may only use these
chemical agents after approval has been obtained.
(3) In emergencies where oil floating on the surface of the sea may cause
fire or may gravely endanger human lives and property, and the matter is
unable to be handled with the method of recovery, but, by using oil-
eliminating chemical agents, pollution can be reduced and the consequences
of the accidents be contained, the amount of oil-eliminating chemical
agents used and the reporting procedures may go beyond the restrictions as
stipulated in paragraph (2) of this Article. However, a detailed report on
the circumstances of the accident and the circumstances of using oil-
eliminating agents shall be made to the competent departments afterwards.
(4) Only those oil-eliminating chemical agents which have been verified
and approved by the competent departments may be used.
Article 18
The operators shall make detailed and accurate entries of the following
circumstances in the anti-pollution record books of the platform;
(1) the operation of the anti-pollution equipment and facilities;
(2) the treatment and discharge of the oil-polluted water;
(3) the treatment, discharge and disposal of other waste materials;
(4) the occurrence of oil-pollution accidents such as oil spill, oil
leakage and well blowout and the handling;
(5) the details about the demolition operations;
(6) details about the use of oil-eliminating chemical agents;
(7) other items stipulated by the competent departments.
Article 19
The enterprises and operators shall, within 15 days from the end of each
quarter of the year, make a comprehensive report in the format approved by
the competent departments on anti-pollution and the circumstances of
pollution accidents of that quarter. The competent departments shall be
informed in good time of the positions of the stationery and mobile
platforms.
Article 20
Government functionaries of the competent departments or the personnel
designated by them have the right to board the stationery and mobile
platforms and other relevant facilities to conduct monitoring and
investigation, including:
(1) collecting various kinds of samples;
(2) inspecting the fitting out, operating and using of various anti-
pollution equipment, facilities and materials;
(3) inspecting relevant documents and certification papers;
(4) checking up on the anti-pollution record books and the relevant
operation records, making copies and extracts when necessary, and
demanding that the responsible persons of the platform sign their names in
confirmation of the copies and extracts in question as correct duplicates;
(5) gathering information about pollution accidents among the persons
concerned;
(6) other related matters.
Article 21
The ships that conduct official business of the competent departments
shall have clear signs. Government functionaries or the designated
personnel, in carrying out official affairs, must wear official uniforms
and carry identity papers.
Those who are investigated shall provide facility for the aforesaid ships,
government functionaries and the designated personnel, and provide
accurate information and statements about the accidents.
Article 22
Units and individuals that have suffered pollution damage caused by
exploration and development of offshore petroleum and are to claim
compensation shall, in accordance with the stipulation of Article 32 of
the Environmental Protection Law of the People's Republic of China and the
stipulation of Article 42 of the Marine Environmental Protection Law of
the People's Republic of China, apply for handling to the competent
departments and claim compensation for the losses from the party that is
responsible for the pollution damage. The claimant shall submit a report
on claiming compensation for damage sustained; this report shall include
the following:
(1) the time, place, scope and the objects of the pollution damage caused
by the exploration and development of offshore petroleum;
(2) a detailed list of the losses caused by pollution damage, including
the names of objects, quantity, unit price, method of calculating, and
such matters as the breeding or natural conditions;
(3) an appraisal by the relevant scientific research department or
endorsement by a notary office in confirmation of the damage actually
sustained;
(4) the original documents of evidence of the pollution damage, the
photographs of the related circumstances and other documents and materials
of testimony relevant to the claim for compensation shall be provided as
complete as possible.
Article 23
Units and individuals (those having commercial contracts excluded) that
demand reimbursement of the expenses for removing pollutants stemming from
the exploration and and development of offshore petroleum shall, in
applying to the competent departments for attention to the case, submit a
report of claiming reimbursement of the expenses for removal to the
competent departments. This report shall include the following:
(2) the manpower, machines and tools and vessels employed, and the
quantities, the unit price and the method of calculating of the materials
used in effecting the removal;
(3) the administrative expenses, transport cost, and other relevant
expenses in organizing the removal effort;
(4) the results of and the situation after the removal;
(5) other relevant evidence and certification papers.
Article 24
Where devastating pollution accidents have occurred due to force majeur,
the enterprises, institutions and operators wishing to free themselves
from the indemnity liabilities thereof shall submit to the competent
departments a report which must be able to testify that the damage
resulting from the pollution accident falls under one of the circumstances
described in Article 43 of the Marine Environmental Protection Law of the
People's Republic of China, and that the accident remained unavoidable
despite rational measures promptly taken.
Article 25
In handling cases of disputes concerning liability for compensation and
the amount of compensation for the pollution damage in the exploration and
development of offshore petroleum, the competent departments shall, on the
basis of investigation and finding out the facts, resort to mediation.
If a party does not want mediation or does not agree to handling of the
matter through mediation by the competent departments, the matter may be
handled in accordance with the stipulation of Article 42 of the Marine
Environmental Protection Law of the People's Republic of China.
Article 26
Where enterprises, institutions and operators violate the Marine
Environmental Protection Law of the People's Republic of China and these
Regulations, the competent departments may order that they take remedial
measures to rectify the situation within a given period of time, pay the
removal costs, and compensate the State for the damage; in cases of
discharge of pollutants in excess of the standard, the payment of a
pollutant discharge fee may be demanded.
Article 27
In cases where enterprises, institutions, operators and individuals
violate the Marine Environmental Protection Law of the People's Republic
of China and these Regulations, the competent departments may punish the
violators by giving warnings or imposing fines according to the
seriousness of the case.
Fines fall into the following categories:
(1) The maximum amount of a fine imposed on an enterprise, institution or
operator that has caused marine environmental pollution is 100,000 RMB
yuan.
(2) The maximum amount of a fine imposed on an enterprise, institution and
operator that has contravened the relevant rules and regulations in the
following ways is 5,000 RMB yuan:
a. not reporting a major oil-pollution accident to the competent
departments according to stipulations;
b. using oil-eliminating chemical agents not according to stipulations.
(3) The maximum amount of a fine imposed on an enterprise, institution or
operator that has contravened the relevant rules and regulations in the
following ways is 1,000 RMB yuan:
a. not having the anti-pollution record book equipped according to
stipulations;
b. the entries in the anti-pollution record book are irregular or false;
c. not reporting to or informing the competent departments of their real
situation according to stipulations;
d. obstructing the government functionaries or the designated personnel
from performing their official duties.
(4) With regard to the directly responsible persons, fines may be imposed
according to the seriousness of the case.
Article 28
If a party does not agree to the penalty by the competent departments, the
matter shall be handled in accordance with the stipulations of Article 41
of the Marine Environmental Law of the People's Republic of China.
Article 29
The competent departments shall grant commendations and rewards to the
units and individuals that on their own initiative report and expose
enterprises, institutions and operators that have concealed pollution
accidents in the exploration and development of offshore petroleum, or
provide evidence, or adopt measures to reduce the damage
Article 30
arising therefrom.
(1) "Stationary and mobile platforms" refers to the well drilling ships,
well drilling platforms and oil extraction platforms referred to in the
Marine Environmental Protection Law of the People's Republic of China, and
includes other platforms.
(2) "Exploration and development of offshore petroleum" refers to such
operational activities as exploration, development, production, storage
and pipeline conveyance.
(3) "Operators" refers to the entities that perform the operations of
exploration and development of offshore petroleum.
Article 31
These Regulations shall go into effect as of the date of promulgation.