(Promulgated by Decree No. 54 of Shanghai Municipal People’s Government

on December 8, 2005 )

 

Article 1 (Purposes and Basis)

With a view to strengtheningthe administration of the use of sea areas, safeguarding the rational development and exploitation of sea areas, and promoting the sustainable development of marine economy, these Procedures are formulated on the basis of the Law of the People's Republic of China on the Administration of the Use of Sea Areas and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures shall apply to the use of sea areas and the related administration activities thereof within the jurisdiction of this Municipality. The specific borderlines between river areas and sea areas in this Municipality shall be proposed by the Municipal Oceanic Bureau, together with the Municipal Water Affairs Bureau and other relevant departments, in accordance with the relevant provisions of the State, and be submitted to the Municipal People’s Government for approval.

Article 3 (Administrative Departments)

The Municipal Oceanic Bureau shall be responsible for the unified supervision and administration of the use of sea areas in this Municipality; the Shanghai Branch of the Chinese Marine Surveillance shall, entrusted by the Municipal Oceanic Bureau, be responsible for the law-enforcement inspection and imposition of administrative punishment.

The departments of development and reform, resource planning, transportation, ecological environment, water affairs, agriculture and rural area, marine affairs, etc. shall, according to their respective functions and duties, cooperate in the implementation of these Procedures.

Article 4 (Drawing-Up of the Zoning Plan)

The Municipal Oceanic Bureau shall, together with relevant departments, according to the national marine functional zoning plan and the natural attributes of sea areas, and in the light of this Municipality’s development need of harbor transportation, organize the drawing-up of this Municipality’s marine functional zoning plan and the implementation after approval according to relevant provisions of the State.

Article 5 (Implementation of the Functional Zoning Plan)

The use of sea areas shall be in conformity with the national and this Municipality’s marine functional zoning plans.

In the harbor and waterway zones designated by this Municipality’s marine functional zoning plan, the development and construction activities that are not in conformity with the functions must not be carried out.

Where a sea-use project is not in conformity with the marine functional zoning plan, it shall be relocated or adjusted in the light of the adjustment of the industrial structure of this Municipality. The specific procedures for such relocation or adjustment shall be proposed by the Municipal Oceanic Bureau, together with the Municipal Development and Reform Commission, and be implemented after they are submitted to and approved by the Municipal People’s Government.

Article 6 (Application for the Use of Sea Areas)

To apply for the use of sea areas, the applicant shall apply to the Municipal Oceanic Bureau and submit the following materials:

1. an application for the use of sea areas, clearly stating the name of the applicant, the sea-use project, dates of beginning and ending, location, area, and purpose, etc.;

2. a feasibility assessment report or form for the use of sea areas;

3. credit certifying papers of the applicant;

4. the business license of the enterprise or the personal identification certificate; and

5. other materials specified by laws and rules.

Article 7 (Assessment of the Use of Sea Areas)

To apply for the use of sea areas for the following projects, the applicant shall submit a feasibility assessment report for the use of sea areas:

1. a sea-filling or enclosure project;

2. a sea sand mining project;

3. a submarine cable or pipeline project;

4. a project that involves the use of more than 100 ha. of a sea area; and

5. a project that is adjacent to a marine natural reserve, harbor or waterway zones.

To apply for the use of sea areas for projects other than the ones specified in the preceding Clause, the applicant shall submit a feasibility assessment form for the use of sea areas.The unit that conducts the feasibility assessment of the use of sea area shall, according to relevant technical norms of the State concerning the feasibility assessment of the use of sea areas, draw up the feasibility assessment report or form for the use of sea areas and be responsible for the feasibility assessment result.

Article 8 (Examination and Approval of the Use of Sea Areas)

The Municipal Oceanic Bureau shall, within 2 working days upon receipt and acceptance of an application for the use of sea areas, solicit opinions from relevant departments, and, within 10 working days thereof, organize experts to assess the feasibility assessment report or form for the use of sea areas. The relevant departments shall, within 7 working days upon receipt of the opinion-soliciting letter, put forward their opinions and notify the Municipal Oceanic Bureau in writing.The Municipal Oceanic Bureau shall, within 5 working days upon completion of the assessment, put forward an examination and approval suggestion and submit it to the Municipal People’s Government for approval. Once the approval is granted, the Municipal Oceanic Bureau shall issue to the applicant the approval document of the right to use sea areas; in case of a refusal of the application, the Municipal Oceanic Bureau shall notify the applicant of the reason in writing.

Article 9 (Bidding and Auction of the Right to Use Sea Areas)

In case of an application for the use of sea areas for business purposes, the Municipal Oceanic Bureau shall organize a bidding or an auction for the transfer of the right to use sea areas.Once the right to use sea areas has been granted through bidding or auction, the Municipal Oceanic Bureau shall sign with the bidding winner or the vendee a contract for transfer of the right to use sea areas. The contract for transfer of the right to use sea areas shall include the following main contents:

1. the area and boundary of the transferred sea areas;

2. the use purpose of the transferred sea areas and the period for the right to use the granted sea areas; and

3. fees for the use of the transferred sea areas.

The specific procedures for bidding and auction of the right to use sea areas shall be proposed by the Municipal Oceanic Bureau together with relevant departments, and implemented after theprocedures are submitted to and approved by the Municipal People’s Government.

Article 10 (Fees for the Use of Sea Areas)

Fees shall be paid for the use of sea areas according to the provisions of the State and this Municipality.

The charging standards for the use of sea areas shall be proposed by the Municipal Finance Bureau together with the Municipal Oceanic Bureau according to relevant provisions of the State, and implemented after such standards are submitted to and approved by the Municipal People’s Government.

Article 11 (Registration of the Right to Use Sea Areas)

Registration of the right to use sea areas shall be handled in accordance with the relevant provisions for real property registration of the State and this Municipality.

Article 12 (Change of Use Purpose)

The person who has the right to use sea areas shall use the sea area as prescribed by the certificate of the right to use sea areas and shall not arbitrarily change its use purpose; in case of a special need to change use purpose, the party concerned shall re-apply to the original certificate-issuing organ for the right to use sea areas.

Article 13 (Environmental Requirements)

The person who has the right to use sea areas shall take effective measures to prevent the pollution to marine environment, and the discharge of sewage and other wastes shall not be above the pollutant discharge standards of the State and this Municipality.

Article 14 (Dismantling of Facilities)

The former person who has the right to use sea areas shall, after the termination of the right to use sea areas, dismantle the facilities and structures that may cause pollution to marine environment or impede the use of the areas for other projects within 60 days upon the termination.

Article 15 (Temporary Use of Sea Areas)

To use a specific sea area not more than 3 months for any exclusive activities, the party concerned shall file the case to the Municipal Oceanic Bureau for the record, stating clearly the use purpose and period before the use of the sea area. Where the sea area temporarily used is adjacent to a sea area for military use, waterway or submarine cable or pipeline protection, the party concerned shall apply for a certificate for the temporary use of sea areas in accordance with the procedures relating to the application for the use of sea areas as prescribed by these Procedures.

The period for the temporary use of sea areas shall not be extended. The unit using sea areas shall dismantle the facilities and structures for the use of sea areas upon the expiration of the period for temporary use of sea areas.

Article 16 (Forbidden Acts)

The following acts are forbidden during the use of sea areas:

1. Using sea areas beyond the approved scope;

2. Damaging seashore and affecting the delimitation of the baseline of territorial waters; or

3. Damaging submarine cables or pipelines

Article 17 (Supervision and Inspection)

The Municipal Oceanic Bureau shall strengthen the supervision and inspection of the use of sea areas and establish corresponding supervisionarchives.

The unit or individual person being inspected shall report things as they really are and provide relevant materials necessary for the inspection, and may not withhold the truth and refuse or obstruct the supervision and inspection by relevant administrative personnel.

Article 18 (Tip-offs and Complaints)

The Municipal Oceanic Bureau shall set up tip-off telephone lines to accept tip-offs and complaints against illegal use of sea areas. Once tip-offs or complaints are accepted, the Municipal Oceanic Bureau shall go to the spot to inspect without delay, and notify the informer or complainant of the results of the handling within 15 days.

Article 19 (Administrative Punishment)

In any one of the following cases that violate the provisions of these Procedures, the Municipal Oceanic Bureau shall impose punishment in accordance with the following provisions:

1. Where the party concerned, in violation of Clause 1 of Article 19 of these Procedures, fails to file the case involving the temporary use of sea areas for the record as prescribed, he/she shall be ordered to correct within a prescribed time limit and imposed on a fine of between not less than 1,000 yuan and not more than 10,000 yuan; where the party concerned fails to apply for a certificate for the temporary use of the sea area adjacent to the sea areas for military use, waterway or submarine cable or pipeline protection as prescribed, he/she shall be ordered to correct within a prescribed time limit and imposed on a fine of between not less than 3,000 yuan and not more than 30,000 yuan.

2. Where the party concerned, in violation of Item 2 of Article 20 of these Procedures, damages seashore and affected the delimitation of the baseline of territorial waters, he/she shall be ordered to stop such illegal act and may be imposed on a fine of between not less than 2,000 yuan and not more than 20,000 yuan.

3. Where the party concerned, in violation of Item 3 of Article 20 of these Procedures, damages submarine cables or pipelines, he/she shall compensate for the damages and be imposed on a fine of between not less than 2,000 yuan and not more than 30,000 yuan; if the wrongful act constitutes a crime, the criminal liability shall be prosecuted according to law.

Any act in violation of other provisions of these Procedures shall be handled in accordance with the provisions of relevant laws, rules and regulations.

Article 20 (Effective Date)

These Procedures shall be effective as of March 1, 2006.