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TABLE OF CONTENTS CHAPTER I SCOPE OF EXAMINATION AND APPROVAL CHAPTER II PRINCIPLES OF EXAMINATION CHPATER III BASIS OF EXAMINATION CHAPTER IV CONTENTS OF EXAMINATION CHAPTER V EXAMINATION AND APPROVAL PROCEDURES CHAPTER VI OTHER MATTERS The present measures are formulated with a view to carefully implementing the "Law of the People's Republic of China on the Administration of Sea Areas" (hereinafter referred to the Law on the Administration of Sea Areas), and regulating the examination of and submission for approval of the use of sea for projects subject to the approval of the State Council. CHAPTER I SCOPE OF EXAMINATION AND APPROVAL In accordance with Article 18 of the "Law on the Administration of Sea Areas", the use of sea for the purposes mentioned below shall be subject to the approval of the State Council: (1) the use of sea for projects of filling up the sea up to 50 hectares or more; (2) the use of sea for projects of encircling the sea up to 100 hectares or more; (3) the use of sea for projects of using the sea up to 700 hectares or more without changing the natural qualities of the sea areas; (4) the use of the sea for key State construction projects; (5) the use of sea for projects of administration of sea areas covering different provinces, autonomous regions, or municipalities directly under the Central Government; (6) the use of sea for projects of national defense construction; (7) the use of the sea for other projects provided by the State Council. CHAPTER II PRINCIPLES OF EXAMINATION Principles of examination shall include: (1) Strict Control over the projects of filling up or encircling the sea; (2) Promoting the reasonable development and sustainable utilization of sea areas; (3) Protecting marine resources and the ecological environment; (4) Ensuring the use of sea for national construction; and (5) Guaranteeing the national defense security and marine traffic security. CHPATER III BASIS OF EXAMINATION Basis of examination shall include: (1) The "Law on the Administration of Sea Areas" and the relevant laws, regulations and provisions of the sea; (2) Functional divisions of the sea; (3) The relevant industrial policies of the state; and (4) Technical norms and standards on use and administration of sea areas. CHAPTER IV CONTENTS OF EXAMINATION Contents of examination shall include: (1) Whether the use of sea for projects is subject to the approval of the State Council; (2) Whether the pre-stage work of the construction project has followed the relevant construction procedures prescribed by the State; (3) Whether application for and acceptance of the use of sea for projects conform to the prescribed procedures and requirements; (4) Whether the use of sea for projects conforms to the functional divisions of the sea; (5) Whether the use of sea for projects is compatible with the relevant industrial policies of the State; (6) Whether the use of sea for projects will impact national defense security or marine traffic security; (7) Whether the demonstration on the use of sea areas is made according to the prescribed procedures and technical standards, and whether the conclusion of argumentation is practical and feasible; (8) Whether the dividing line and area of the sea used for projects are clear, and whether the ownership is in dispute; (9) Whether the illegal use of sea has been investigated and punished in accordance with the law; (10) Whether the opinions of the relevant departments are consistent with each other; and (11) Whether other contents conform to the laws, regulations and the relevant policies of the State. CHAPTER V EXAMINATION AND APPROVAL PROCEDURES Examination and approval procedures are the following: (1) The application for the use of sea for a project within the scope of approval prescribed in Items (1) through (3) of the present measures shall be accepted by the oceanic administration at the county level where the project is located (if there is no oceanic administration at the county level or the sea areas in different counties are administered by one oceanic administration, the application shall be accepted by the common oceanic administration at the next higher level), and shall, after being verified and consented by the people's government at the same level, be submitted level by level to the State Oceanic Administration. The application for the use of sea for a project within the scope of approval prescribed in Items (4) through (7) of the present measures shall be directly accepted by the State Oceanic Administration; (2) The State Oceanic Administration shall, after receipt of the application materials for the use of a sea area, lose no time in handling the examination, and shall solicit opinions if the relevant department or entity under the State Council is involved. For the project under application for use of sea which is directly accepted by the State Oceanic Administration, the opinions of the people's government at the provincial level at the locality of the project shall also be solicited. The relevant departments, places and entities shall, within 7 working days as of receipt of the documents for soliciting opinions, feed back their respective written opinions to the State Oceanic Administration. In case of failure to feed back the opinions and explain the reasons thereof within the time limit, it shall be considered that there is no opinion. If there are different opinions, the State Oceanic Administration shall be responsible for coordination; (3) After collecting the opinions from relevant departments, places and entities, the State Oceanic Administration shall examine the application for the use of sea. If the application fails the examination, the State Oceanic Administration shall return the application materials according to the procedures; if the application passes the examination, the State Oceanic Administration shall draft an examination report and submit it according to the procedures to the State Council for approval; and (4) After the application for the use of sea is approved by the State Council, the State Oceanic Administration shall be responsible for handling the approval documents, which shall be sent to the applicant, with a duplicate being sent to the relevant provincial people's government and the oceanic administration at the provincial level. The State Oceanic Administration shall also issue the certificate on registration of the right to use the sea area. Among which, if the sea area use fee needs to be paid required by the relevant provisions, the certificate on registration of the right to use the sea area may not be issued until the use fee has been paid. CHAPTER VI OTHER MATTERS (1) If a sea area needs to be used in a key State construction project, the construction entity shall, before filing an application for project initiation, file an application for using the sea area, and may not go through the formalities for project initiation according to the prescribed procedures until the State Oceanic Administration has consented to the use after preliminary examination. (2) For the projects on prospecting and exploiting marine mineral resources or on laying submarine cables and pipes, which are required by laws or administrative regulations to be examined and approved by the relevant department under the State Council, and for the development projects within national nature reserves of the oceanic category, if a sea area needs to be used, the applicant shall submit the project for approval in accordance with the law. (3) If a project approved by the State Council or the relevant department under the State Council before the "Law on the Administration of Sea Areas" entered into force conforms to the functional divisions of the sea, the State Oceanic Administration shall directly issue the certificate on the right to use the sea area according to the relevant approval documents; if it does not conform to the functional divisions of the sea, the certificate on the right to use the sea area shall not be issued. (4) In case of any illegal use of the sea such as using the sea without approval, granting approval in excess of power, breaking up the whole sea area into parts, granting approval diffusely, etc., the offender must be subject to strict investigation and punishment in accordance with the law, and the relevant liable persons shall be investigated for administrative and legal liabilities. (5) If the use of sea for any project approved by the State Council does not violate the provisions on maintenance of confidentiality, it shall be announced by the State Oceanic Administration to the public. No fee shall be charged for the announcement. (6) The State Oceanic Administration is required to collect the information on examination and approval of the use of sea for projects at the end of each year and shall make a report to the State Council. |
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