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Article 1. The present Provisions are hereby formulated in accordance with the Provisions Governing the Laying of Submarine Cables and Pipelines and other relevant laws and regulations for the purpose of strengthening the protection of submarine cables and pipelines, ensuring the safe operation of the submarine cables and pipelines, and maintaining the legal rights and interests of the owners of submarine cables and pipelines. Article 2. The present Provisions are applicable to activities for the protection of submarine cables and pipelines in inland water, territorial sea, continental shelves and other sea areas within the jurisdiction of the People's Republic of China. The present Provisions are not applicable to activities for the protection of military cables and pipelines. Article 3. The competent administrative department of marine affairs under the State Council shall be responsible for the protection of national submarine cables and pipelines. The competent administrative departments of marine affairs of the local people's governments above the county level in the coastal regions, shall be responsible for the protection of the submarine cables and pipelines abutting on the sea areas within their jurisdictions. Article 4. Any entity or individual shall have the duty to protect submarine cables and pipelines, and shall have the right to report and prosecute acts of destroying submarine cables and pipelines. Article 5. The owners of submarine cables and pipelines shall, within 90 days after the completion of laying submarine cables and pipelines, submit the route chart and position chart of submarine cable pipelines and other registration documents to and put them on record at the competent administrative departments of marine affairs of the people's governments above the county level, and have them submitted to maritime affairs administration institutions at the same time. The submarine cables and pipelines laid and completed before the promulgation and implementation of the present Provisions shall be put on records in light of the foregoing provisions within 90 days after the present Provisions take effect. Article 6. The competent administrative departments of marine affairs of the people's governments above the provincial level shall make public announcements on submarine cables and pipelines to the general public each year. The announcement on submarine cables and pipelines shall cover the name, serial number, registration number of submarine cables and pipelines, owners of submarine cables and pipelines, usages, total length (kilometer), starting point and terminal point of the route (longitude and latitude), sketch map, marks thereof, etc.. Article 7. The state shall implement the system of submarine cables and pipelines protection zones. The competent administrative departments of marine affairs of the people's government above the provincial level shall, according to the registration materials having been put on archives, define the submarine cables and pipelines protection zones after negotiating with relevant departments, and make announcement to the general public. The scope of submarine cables and pipelines protection zones shall be determined according to the following provisions: (1) 500 meters to both sides of the submarine cables and pipelines separately in the broad sea areas of the coastal areas; (2) 100 meters to both sides of the submarine cables and pipelines separately in the bay and other narrow sea areas; and (3) 50 meters to both sides of the submarine cables and pipelines separately in the areas within the seaport. After the submarine cables and pipelines protection zones have been defined, it shall be submitted to and put on record at the competent administrative department of marine affairs under the State Council. Article 8. No one shall engage in digging sand, drilling, piling, anchoring, pulling anchor, fishing by pulling anchor at the bottom of sea, casting net, breeding aquatics or other operations at sea that may destroy the safety of submarine cables and pipelines. Article 9. The competent administrative departments of marine affairs of the people's governments above the county level shall have the right to make cruise inspection regularly on submarine cables and pipelines protection zones in accordance with the relevant laws, regulations and the present Provisions, and shall have the right to prohibit acts in violation of the present Provisions. Article 10. The state encourages the owners of submarine cables and pipelines to set up marks for submarine cables and pipelines protection zones and the route thereof. The owners of submarine cables and pipelines shall put on records at the competent administrative departments of marine affairs of the people's governments above the county level for setting up marks. Article 11. The owners of submarine cables and pipelines may recheck or supervise over the submarine cables and pipelines periodically, or take other safeguard measures after they have reported to the competent administrative departments of marine affairs of the people's governments above the county level, and they may also entrust relevant entities to provide protection. In case the owners of the submarine cables and pipelines entrust relevant entities to provide protection, they shall report to and put on records at the competent administrative departments of marine affairs of the people's governments above the county level. Article 12. Where the owners of submarine cables and pipelines make investigation and survey for identifying the route for laying submarine cables and pipelines, carry out construction for laying submarine cables and pipelines, or carry out operational activities of laying, maintenance, alteration, dismantling and abandonment of submarine cables and pipelines, they shall make public announcements to the general public in the media. The fees for making announcement shall be borne by the owners of submarine cables and pipelines. Article 13. Operators at sea shall, before undertaking marine engineering operations, acquaint themselves with the conditions of laying of submarine cables and pipelines in the sea areas where they will work; in case the operation may affect the safety of submarine cables and pipelines, they shall take effective safeguard measures. Where there is necessity to enter into the submarine cables and pipelines protection zones to undertake marine engineering operation, the operators at sea shall negotiate with the owners of submarine cables and pipelines, and reach an agreement on matters concerning the relevant technical management, safeguard measures and compensations, etc.. In case the submarine cables or pipelines are hooked in due to the marine engineering operation, the operators at sea shall not pull out, pull off or cut off the submarine cables or pipelines without permission, and shall report at once to the local competent administrative departments of marine affairs or the owners of submarine cables and pipelines to take corresponding measures. The operators at sea shall also abandon anchors of ships or other hooks or crooks if necessary. Article 14. Where there are evidences showing the operators at sea have suffered property losses for protection of submarine cables and pipelines, the owners of submarine cables and pipelines shall give them appropriate economic compensation; unless otherwise they have undertaken the operation in the submarine cables and pipelines protection zones prescribed in Article 8 of the present Provisions without permission. Article 15. In case any entity or individual causes damages to submarine cables or pipelines and the accessorial safeguard establishments, they shall bear compensation liabilities according to law. In case the damage is caused due to taking necessary protection measures in force majeure or act of rescue, the entity or individual may be mitigated or exempted from compensation according to law. Article 16. In any of the following circumstances, the parties may apply for mediation to the competent administrative departments of marine affairs of the people's governments above the county level: (1) Where operators at sea, who need to move, cut off, or cross over the submarine cables or pipelines having been laid down, have disputes with the owners of submarine cables and pipelines, or disputes arise in the implementation of the agreement they have reached; (2) Disputes arise from the marine engineering operation and the maintenance, alteration or dismantling of submarine cables and pipelines; (3) The operators at sea have disputes with the owners of submarine cables and pipelines for economic compensation; or (4) Disputes arise due to compensation liability or amount of money compensated. Article 17. In case the owners of submarine cables and pipelines have any of the following circumstances, the competent administrative departments of marine affairs of the people's governments above the county level shall order them to correct within a prescribed time limit; if they fail to correct, they shall be imposed a fine of less than RMB 10,000 Yuan; (1) Failing to put on records the route chart, position chart of submarine cables and pipelines and other registration documents; (2) Failing to report the periodical recheck, supervision over submarine cables and pipelines and other safeguard measures they take; (3) Failing to make public announcement in time on their investigation and survey for identifying the route for laying submarine cables and pipelines, laying construction, maintenance, alteration, dismantling, abandonment of submarine cables and pipelines; or (4) Failing to put on records for entrusting relevant entities to protect submarine cables and pipelines. Article 18. In case the operators at sea have any of the following circumstances, the competent administrative departments of marine affairs of the people's governments above the county level shall order them to correct within a prescribed time limit, suspend their marine engineering operations, and impose a fine of less than RMB 10,000 Yuan: (1) Undertaking marine engineering operations within the submarine cables and pipelines protection zones prescribed in Article 8 of the present Provisions without permission; (2) Destroying willfully submarine cables and pipeline and the accessorial protection establishment; (3) Pulling up, pulling off or cutting off submarine cables and pipelines after hooking on to submarine cables and pipelines; or (4) Failing to take effective safeguard measures and causing damages to submarine cables and pipelines and the accessorial protection establishments. Article 19. Where the functionaries of the competent administrative departments of marine affairs of the people's governments above the county level are negligent in their duties, misuse their authority, or practice favouritism for personal gains, they shall be imposed with administrative punishment; if it constitutes a crime, they shall be prosecuted criminal liabilities according to law. Article 20. The present Provisions shall come into force as of March 1, 2004. In case the relevant documents formulated before the promulgation of the present Provisions are inconsistent with the present Provisions, the present Provisions shall prevail. |
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