The environmental protection regulations for offshore oil exploration and development are to be revised： an emergency system for oil spill accidents will be established.

On August 16th, "Regulations on Environmental Protection and Management of Offshore Oil Exploration and Development in People’s Republic of China (PRC) (Revised Draft for Comment)" was publicly solicited for comments on the rule of law information network of China government, and the starting and ending time was from August 16th to August 30th. It stipulates that the State Council or the State Council shall assign relevant departments to investigate the extraordinarily serious oil spill pollution accidents and major oil spill pollution accidents.

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The Paper (www.thepaper.cn) noted that the explanation and introduction of the Exposure Draft showed that the current regulations lacked specific provisions on emergency preparedness, emergency response and accident investigation for oil spill pollution accidents. Therefore, the revised contents of the Exposure Draft included establishing and improving the emergency response system for oil spill pollution accidents.

According to the above description, the exposure draft requires the competent department to formulate emergency plans, the exploration developers to formulate corresponding emergency plans, clarify the corresponding early warning, reporting and disposal plans, implement responsible personnel, and equip emergency equipment and materials; After the oil spill pollution accident; the exploration developer shall immediately control the oil spill source and take measures such as oil recovery; and report of the competent department and relevant local governments. If the emergency response of exploration developers is ineffective, the competent department shall directly organize on-site emergency response or designate a third person to deal with it; Other departments should carry out corresponding emergency response work according to their duties; Improve the follow-up disposal mechanism of oil spill pollution accidents; Clarify the classification standard of pollution oil spill accidents; Improve the corresponding accident investigation and information disclosure systems.

According to the provisions of the Exposure Draft, oil spill pollution accidents in offshore oil exploration and development are divided into major oil spill pollution accidents, major oil spill pollution accidents, large oil spill pollution accidents and general oil spill pollution accidents. According to the oil spill volume, they respectively refer to accidents with oil spill of more than 1,000 tons, accidents with oil spill of more than 500 tons but less than 500 tons, and accidents with oil spill of more than 0.1 tons and less than 100 tons.

The exposure draft also stipulates that the State Council or the State Council will assign relevant departments to investigate the major oil spill pollution accidents and major oil spill pollution accidents; Major oil spill pollution accidents and general oil spill pollution accidents shall be investigated by the competent department of ecological environment in conjunction with relevant units.

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Regulations of People’s Republic of China (PRC) Municipality on Environmental Protection Management of Offshore Oil Exploration and Development

(Revised draft for comments)

Chapter I General Principles

the first In order to prevent pollution damage to the marine environment caused by offshore oil exploration and development activities and protect the marine environment and resources, these Regulations are formulated in accordance with the Marine Environmental Protection Law of the People’s Republic of China.

the second These Regulations shall apply to the prevention and control of pollution damage to the marine environment caused by exploration and development activities such as offshore oil drilling, production, storage, pipeline transportation, facilities construction and disposal in the waters under the jurisdiction of People’s Republic of China (PRC).

Article The competent department of ecological environment in the State Council and its dispatched offices in sea areas (hereinafter referred to as the competent department of ecological environment) shall be responsible for the supervision and management of environmental protection in offshore oil exploration and development.

The Marine Police and its subordinate marine police agencies (hereinafter referred to as the Marine Police) are responsible for law enforcement inspection and punishment of environmental protection in offshore oil exploration and development.

Article 4 Offshore oil exploration and developers shall fulfill their obligations of marine environmental protection.

Any unit or individual has the right to report to the competent department of ecological environment and the marine police for illegal acts of pollution and damage to the marine environment by offshore oil exploration developers. The competent department of ecological environment and the marine police station that received the report shall investigate and deal with it according to law, and keep the informer confidential.

Chapter II Supervision and Administration

Article 5 Engaged in offshore oil exploration and development activities shall conform to the national marine main functional zoning, marine functional zoning, marine environmental protection planning and national environmental protection standards, strictly abide by the red line of ecological protection, and prevent and reduce the damage to the environmental quality of marine functional zones and the functions of adjacent sea areas.

Engaged in offshore oil exploration and development activities, it should also abide by the provisions of relevant laws and administrative regulations such as waterway management, maritime traffic safety and protection of military facilities.

Article 6 Offshore oil exploration and developers shall conduct environmental impact assessment according to law before the project starts, and prepare an environmental impact report (table) according to the degree of impact of the project on the environment, and report it to the competent department of ecological environment for examination and approval.

The competent department of ecological environment shall, within 60 working days from the date of receiving the environmental impact report, and within 30 working days from the date of receiving the environmental impact report form, make a review decision and notify the offshore oil exploration developer in writing. If supplementary materials are needed, the competent department of ecology and environment shall inform the offshore oil exploration and developer at one time, and the review period shall be recalculated from the date when the materials are completed.

Before approving the environmental impact report (table), the competent department of ecological environment shall solicit the opinions of the competent departments of natural resources, maritime affairs and fisheries and the environmental protection department of the army.

Article 7 Offshore oil exploration developers shall prepare environmental impact reports (tables) in accordance with the technical standards for environmental impact assessment and the national environmental protection standards, and use the investigation and monitoring data that meet the requirements of the state.

The environmental impact statement shall include the following contents:

(1) The name, geographical location, scale and production technology of the project;

(2) Hydrodynamic environment, water quality environment, atmospheric environment, geological form, sediments and fishery resources in the sea area where the project is located;

(three) the development and utilization of adjacent sea areas and the surrounding environment sensitive targets;

(4) Analysis, prediction and evaluation of the types, components, quantities, concentrations, discharge locations and treatment methods of pollutants to be discharged, and the possible impacts on the marine ecological environment, the functions of adjacent sea areas and other development and utilization activities;

(five) the environmental protection measures to be taken and the environmental protection facilities to be deployed, as well as their technical and economic demonstration;

(six) suggestions on the implementation of environmental monitoring for construction projects;

(seven) risk analysis of oil spill pollution accidents, risk prevention measures and emergency measures to be taken;

(eight) the environmental restoration measures that are expected to be taken after the termination of exploration and development;

(9) conclusion of environmental impact assessment.

The content and format of the environmental impact report form shall be formulated by the competent department of ecological environment.

Article 8 When preparing an environmental impact report, offshore oil exploration and developers shall solicit the opinions of interested parties engaged in exploration, mining, aquaculture and other development and utilization activities within the sea area of environmental impact assessment, and announce the basic situation of the project, the way and time limit for putting forward opinions in the media to solicit public opinions.

Offshore oil exploration developers shall truthfully explain the opinions of the public and interested parties and their adoption when reporting to the competent department of ecological environment for review of the environmental impact report; If it is not adopted, the reasons shall be explained.

Article 9 After receiving the environmental impact report, the competent department of ecological environment shall make the full text public and solicit public opinions, except for matters involving state secrets and commercial secrets; The time limit for soliciting opinions shall not be less than 10 working days. When necessary, the competent department of ecological environment may hold a hearing to listen to the opinions of the public and representatives of interested parties.

Article 10 Offshore oil exploration developers shall abide by the approved environmental impact report (form).

After the approval of the environmental impact report (table), if the nature, scale, location, production technology or measures to prevent pollution and ecological damage of the project have undergone major changes, offshore oil exploration and developers shall re-compile the environmental impact report (table) and report it to the competent department of ecological environment for examination and approval.

If it is more than 5 years since the date when the competent department of ecological environment approved the environmental impact report (table), the offshore oil exploration developer shall report the environmental impact report (table) to the competent department of ecological environment for re-examination. The competent department of ecological environment shall, within 10 working days from the date of receiving the environmental impact report (form), make an audit decision and notify the offshore oil exploration developer in writing.

The competent department of ecological environment shall not charge any fees for examining and approving and re-examining the environmental impact report (form).

Article 11 Offshore oil exploration and developers shall have civil liability insurance or other financial guarantees for pollution damage, and submit relevant written certification materials to the competent department of ecological environment before the project starts.

Article 12 In key sea areas where total pollutant discharge control is implemented, the competent department of ecological environment shall decompose the total pollutant discharge control index into relevant offshore oil exploration and development projects; Offshore oil exploration developers should implement.

For the key sea areas that exceed the control index of the total amount of major pollutants discharged into the sea and the sea areas that have not completed the objectives and tasks of marine environmental protection, the competent department of ecological environment shall suspend the examination and approval of the environmental impact report (table) of offshore oil exploration and development that adds the total amount of corresponding pollutants.

Article 13 Offshore oil exploration and developers shall report the types and quantities of pollutants discharged in accordance with the provisions of the competent department of ecological environment.

Article 14 The competent department of ecological environment and the marine police shall, in accordance with their respective duties, supervise and inspect the environmental protection of offshore oil exploration and development. Supervisors and inspectors may take the following measures, and the relevant units and individuals shall not refuse or hinder them:

(1) consulting and copying relevant documents, certificates, data and technical materials;

(two) to enter the exploration and development site for monitoring, investigation and evidence collection;

(three) to ask the person in charge of the inspected unit or other relevant personnel to explain the situation;

(four) to check the configuration and use of environmental protection facilities;

(five) to check the implementation of the environmental impact report (table) and other environmental protection documents.

The competent department of ecological environment and the marine police shall establish a cooperative mechanism for environmental protection supervision and inspection of offshore oil exploration and development, and inform each other of relevant information on environmental protection of offshore oil exploration and development.

Article 15 Supervision and inspection personnel shall order the inspected units and individuals to make immediate corrections, accept investigation and handling, and take effective measures to eliminate hidden dangers or prevent the pollution from expanding.

The supervision and inspection results and punishment decisions shall be recorded in the credit records of offshore oil exploration developers, and the punishment decisions shall also be incorporated into the credit information sharing system platform to be announced to the public.

Article 16 When performing official duties, the supervisors and inspectors shall strictly abide by the authority and procedures prescribed by laws and administrative regulations, and show their law enforcement certificates.

Official aircraft and ships used for supervision and inspection shall have obvious signs of law enforcement.

Chapter III Pollution Prevention and Control

Article 17 Engaged in offshore oil exploration and development activities, priority should be given to the use of technologies, equipment and technologies that meet the requirements of energy conservation and clean production, so as to reduce the generation and discharge of pollutants.

Offshore oil exploration and developers should establish a responsibility system for environmental protection and clarify the responsibilities of the person in charge of the unit and other relevant personnel.

Article 18 Engaged in offshore oil exploration and development activities, should be in accordance with the requirements of the approved environmental impact report (table), configure the following environmental protection facilities and ensure their normal use:

(1) Oily sewage recovery and treatment facilities;

(2) Oil-bearing cuttings and drilling fluid recovery and treatment facilities;

(three) residual oil, waste oil and garbage recovery facilities;

(4) Domestic sewage treatment facilities;

(five) food waste and other sporadic solid waste crushing facilities;

(six) other environmental protection facilities such as pollutant emission monitoring facilities.

The environmental protection facilities of fixed platforms and mobile platforms shall pass the inspection according to law.

Article 19 Offshore oil exploration and developers shall ensure the normal operation of environmental protection facilities. Where environmental protection facilities need to be repaired or replaced, effective measures shall be taken to prevent the marine environment from being polluted due to repair or replacement.

Offshore oil exploration developers shall install and use monitoring facilities in accordance with the monitoring norms and relevant state regulations, strengthen maintenance, ensure the normal operation of monitoring facilities, and keep original monitoring records, and shall not tamper with or forge monitoring data.

It is forbidden to illegally discharge pollutants through abnormal operation of environmental protection facilities.

Article 20 The following pollutants produced by offshore oil exploration and development shall be classified and stored in special containers and transported back to land, and shall be treated according to national environmental protection standards, and shall not be discharged or discarded into the sea:

(1) Industrial wastes such as plastic products;

(2) Domestic garbage other than food waste;

(3) Non-water-based drilling fluid, oil, acid liquor, alkali liquor and high and medium level radioactive waste liquid;

(4) Other toxic and harmful residual liquids and residues.

Article 21 The following pollutants discharged into the ocean by offshore oil exploration and developers shall meet the national environmental protection standards: Those that do not meet the national environmental protection standards shall be discharged only after reaching the standard through technical treatment, and shall not be discharged directly or after dilution:

(1) Low-level radioactive waste liquid;

(2) Waste liquid containing organic substances or heavy metals that are not easy to degrade;

(3) Oily sewage, water-based drilling fluid and drilling cuttings;

(4) Domestic sewage;

(5) Other pollutants.

Article 22 Offshore oil exploration and developers shall discharge hot waste water into the ocean, and shall conform to the national environmental protection standards and take effective measures to avoid endangering fishery resources and marine ecological environment.

Reinjection of water and drilling fluid into strata due to exploration and development shall conform to the national environmental protection standards, and shall not damage the marine geological structure or pollute groundwater resources.

Article 23 Sporadic solid wastes such as food wastes discharged into the ocean by offshore oil exploration and developers shall be crushed and disposed of in accordance with relevant national standards.

The exploration and development facilities replaced in the process of offshore oil exploration and development shall be transported back to land for disposal, unless they are abandoned according to law.

Article 24 The toxic and harmful atmospheric pollutants discharged by offshore oil exploration and developers shall conform to the national environmental protection standards.

It is forbidden to burn substances that may produce toxic and harmful air pollutants at sea.

Article 25 Natural gas, oil field associated gas and other waste gas should be recycled; If it cannot be recycled, it should be fully burned or purified in accordance with national environmental protection standards to achieve discharge standards.

Article 26 When offshore oil exploration and developers need to carry out explosive blasting or other operations that are harmful to fishery resources in important fishery waters, they should take effective measures to avoid the spawning, breeding and fishing seasons of major economic fish, shrimps, crabs and shellfish, report to the competent department of ecological environment and fishery before the operation, and set up obvious signs during the operation.

After receiving the report, the competent department of ecological environment and the competent department of fishery shall notify the competent department of natural resources, the marine police, the army and other relevant units of the location and time of operation.

Offshore oil exploration developers who need to operate in ports shall also abide by the provisions of the People’s Republic of China (PRC) Port Law.

Article 27 Offshore oil exploration and developers shall report to the competent department of ecological environment five working days before the start of oil testing, and prevent oil and oily mixture from falling into the sea during oil testing. Effective measures should be taken immediately to deal with the oil and oily mixture falling into the sea during oil testing operation, and records should be made truthfully.

Article 28 Three working days before the mobile platform is put in place, the offshore oil exploration developer shall report the name, time, location and operation purpose of the platform to the competent department of ecological environment.

Where the offshore oil exploration and developer changes, both parties shall completely hand over the relevant documents and materials on environmental protection before the change date, remind the potential oil spill risks and report to the competent department of ecological environment.

Article 29 Fixed platforms, mobile platforms, floating production and oil storage devices and other structures shall be equipped with anti-pollution record books that meet the requirements of the state, and the following contents shall be truthfully recorded:

(a) the operation of environmental protection facilities;

(two) the treatment and discharge of pollutants;

(three) the occurrence and treatment of pollution accidents;

(four) the use of oil dispersant;

(five) other contents as prescribed by the competent department of ecological environment.

The anti-pollution record book can use electronic media or paper media. Offshore oil exploration developers shall submit a copy of the pollution prevention record book of the previous month to the competent department of ecological environment within 5 working days at the beginning of each month.

Article 30 Offshore oil exploration and developers shall ensure that production facilities, storage facilities and oil and gas pipelines meet the requirements of anti-seepage, anti-leakage and anti-corrosion, and carry out inspection and maintenance in accordance with relevant state regulations, so as to keep them in reliable operation and prevent oil spill accidents.

Article 31 After the termination of exploration and development activities, offshore oil exploration and developers shall use the relevant facilities for other purposes or transport them back to land; If it needs to be discarded, it shall be implemented in accordance with the provisions on the management of marine dumping waste.

Article 32 After the termination of exploration and development activities, offshore oil exploration and developers shall organize the implementation of environmental restoration and control measures in accordance with the provisions of the competent department of ecological environment, and announce the relevant situation in the media.

Chapter IV Handling of Pollution Accidents

Article 33 Oil spill pollution accidents in offshore oil exploration and development can be divided into major oil spill pollution accidents, major oil spill pollution accidents, major oil spill pollution accidents and general oil spill pollution accidents:

(1) Extraordinary oil spill pollution accidents refer to oil spill pollution accidents in offshore oil exploration and development with an oil spill of more than 1,000 tons;

(2) Major oil spill pollution accidents refer to oil spill pollution accidents in offshore oil exploration and development with an oil spill of more than 500 tons but less than 1,000 tons;

(3) A major oil spill pollution accident refers to an oil spill pollution accident in offshore oil exploration and development with an oil spill of more than 100 tons and less than 500 tons;

(4) General oil spill pollution accidents refer to oil spill pollution accidents in offshore oil exploration and development with an oil spill of more than 0.1 tons and less than 100 tons.

Article 34 The competent department of ecological environment shall, in accordance with the relevant provisions of the state, formulate an emergency plan for oil spill pollution accidents in offshore oil exploration and development, which shall be connected with the national emergency plan for major oil spills at sea, and make emergency preparations. The emergency plan for oil spill pollution accident shall specify the response principle, organization and command mechanism, information reporting requirements, graded response and emergency measures.

If the competent department of ecological environment and other relevant departments think that oil spill pollution accidents may occur, they shall issue early warning information to the relevant offshore oil exploration developers.

Article 35 Offshore oil exploration and developers shall, in accordance with the requirements of the approved environmental impact report (table), implement preventive measures against oil spill pollution risks, formulate emergency plans for oil spill pollution accidents and report them to the competent department of ecological environment for the record. The emergency plan for oil spill pollution accidents shall include the following contents:

(a) the basic situation of the sea area where the project is located and the surrounding sea areas;

(2) Risk analysis and preventive measures for oil spill pollution accidents;

(3) The emergency organization of oil spill pollution accident and its responsibilities;

(4) A plan for building the emergency capacity of oil spill pollution accidents;

(5) Early warning, monitoring, information reporting and notification mechanism and emergency response plan for oil spill pollution accidents;

(6) Emergency contact methods for oil spill pollution accidents.

Article 36 Offshore oil exploration developers should be equipped with emergency equipment and materials such as oil containment, oil recovery and oil consumption that are suitable for the scale, working environment and working mode of offshore oil exploration and development they are engaged in, and regularly organize emergency training and drills for oil spill pollution accidents.

Article 37 In case of oil spill pollution accident, offshore oil exploration and developers shall immediately control the source of oil spill, take effective measures such as oil containment and oil recovery to control, reduce and eliminate pollution, promptly notify the units and individuals that may be harmed, and report to the competent department of ecological environment and other relevant competent departments.

Other units and individuals who find oil spill accidents shall report to the competent department of ecological environment.

If the oil spill pollution accident may endanger military facilities, the competent department of ecological environment that receives the report shall promptly notify the relevant military departments.

Article 38 In case of oil spill pollution accident, for a small amount of oil that can’t be recovered, offshore oil exploration developers can use oil dispersant in a proper amount according to the technical regulations of the competent department of ecological environment on the use of oil dispersant, and report the accident and the use of oil dispersant to the competent department of ecological environment in time.

The state encourages the preparation of low-toxic and environmentally-friendly dispersants.

Article 39 In case of oil spill pollution accident, the competent department of ecology and environment shall immediately start the emergency plan for oil spill pollution accident, or request to start the national major marine oil spill emergency response plan as appropriate, and may take the following emergency measures according to the emergency response needs of oil spill pollution accident:

(1) Ordering offshore oil exploration developers to close facilities related to oil spill sources;

(2) If the offshore oil exploration developer fails to deal with the oil spill pollution accident in an emergency way, it shall directly organize the on-site oil spill pollution accident emergency treatment or designate a third person to take necessary measures to reduce the pollution damage;

(three) the requisition of ships and other emergency equipment and materials, the relevant units and individuals shall cooperate;

(4) Coordinating the participation of the Marine Police in emergency response.

Other relevant departments in the State Council shall, in accordance with the division of responsibilities, participate in the emergency response of oil spill pollution accidents.

If it is necessary to designate a no-fly zone for emergency response to oil spill pollution accidents, it shall be handled in accordance with the provisions of the Maritime Traffic Safety Law of People’s Republic of China (PRC).

Requisition of ships and other emergency equipment and materials shall be compensated in accordance with the provisions of the Emergency Response Law of People’s Republic of China (PRC).

Article 40 The local people’s governments at or above the county level in the coastal areas shall organize and take measures to control, reduce and eliminate pollution such as oil pollution cleaning, and release relevant information in time.

Article 41 Major oil spill accidents and major oil spill accidents shall be investigated by relevant departments appointed by the State Council or the State Council; Major oil spill pollution accidents and general oil spill pollution accidents shall be investigated by the competent department of ecological environment in conjunction with relevant units.

Offshore oil exploration developers and other relevant units and individuals shall cooperate with the investigation of oil spill pollution accidents, truthfully reflect the situation and provide information, and shall not destroy, forge, conceal evidence or hinder the investigation in other ways.

After the cause of the oil spill pollution accident is identified, the relevant departments of the State Council and the local people’s government shall handle it according to their respective responsibilities, and disclose the investigation and handling of the accident to the public according to law.

After the cause of oil spill pollution accident is identified, offshore oil exploration and developers shall take corrective measures; If it is necessary to continue offshore oil exploration and development, the environmental impact shall be assessed. The competent department of ecological environment shall inspect the rectification and evaluation results.

Article 42 Offshore oil exploration developers who damage the personal and property rights of others shall bear civil liability according to law. In the event of a tort liability dispute, the parties may apply to the relevant departments for mediation, and the relevant departments may also take the initiative to mediate; If the parties are unwilling to mediate or the mediation fails, they may bring a civil lawsuit to the people’s court.

Where an offshore oil exploration developer destroys the marine ecological environment and causes great losses to the country, the department exercising the power of marine environmental supervision and management in accordance with the provisions of the Marine Environmental Protection Law shall claim damages on behalf of the country. The scope of compensation for damages mainly includes:

(a) the cost of preventive measures, that is, the cost of taking reasonable emergency measures to reduce or prevent marine environmental pollution, ecological deterioration and natural resources reduction;

(2) Restoration expenses, that is, the expenses required to take or will take measures to restore or partially restore the damaged marine natural resources and ecological environment functions;

(3) Loss during restoration, that is, the loss of damaged marine natural resources and ecological environment functions partially or completely before restoration, and the loss of ecological environment service functions;

(four) investigation and assessment costs, that is, the cost of investigation, exploration, monitoring and assessment of pollution and other damage risks and actual damage.

Where offshore oil exploration and developers destroy fishery resources and cause great losses to the country, the fishery authorities shall claim damages on behalf of the country. The scope of compensation for damages mainly includes the compensation expenses for fishery resources and the expenses needed for restoration, and the reasonable expenses such as monitoring, evaluation, professional consultation and legal services for determining the nature, scope and degree of damage to fishery resources.

The management of damage compensation funds shall be implemented in accordance with the relevant provisions of the state finance.

Chapter V Legal Liability

Article 43 Whoever, in violation of the provisions of this Ordinance, fails to compile an environmental impact report (table) or engages in offshore oil exploration and development activities without the examination and approval of the competent department of ecological environment, shall be ordered by the Marine Police to stop exploration and development activities, and shall be fined between 1% and 5% of the corresponding total investment of the project according to the illegal circumstances and harmful consequences, and may be ordered to make restitution within a time limit; If it refuses to restore the original state within the time limit, the Marine Police will designate a third person to implement the environmental restoration measures on its behalf, and the expenses required will be borne by the offshore oil exploration developers.

In violation of the provisions of this Ordinance, major changes have taken place in the nature, scale, location, adopted production technology or measures to prevent pollution and ecological damage of the project, and the environmental impact report (form) has not been re-compiled and submitted to the competent department of ecological environment for examination and approval, or it has been more than five years since the date when the competent department of ecological environment approved the environmental impact report (form), and the construction of the project has not been decided, and the environmental impact report (form) has not been submitted to the competent department of ecological environment for re-examination, so it shall be punished in accordance with the provisions of the preceding paragraph.

Article 44 In violation of the provisions of these regulations, offshore oil exploration and development developers who engage in offshore oil exploration and development activities without civil liability insurance or other financial guarantee for pollution damage shall be ordered by the marine police to make corrections within a time limit; Those who refuse to make corrections within the time limit shall be ordered to stop exploration and development activities.

Article 45 In violation of the provisions of this Ordinance, one of the following acts shall be ordered by the Marine Police to make corrections within a time limit and impose a fine; If it refuses to make corrections within the time limit, the marine police can impose a continuous daily penalty according to the original amount of fines from the day after it is ordered to make corrections; If the circumstances are serious, with the approval of the people’s government with the right of approval, it shall be ordered to suspend business or close down:

(1) Discharging pollutants or other substances prohibited by these Regulations into the sea;

(2) failing to implement the control index of the total amount of major pollutants discharged into the sea;

(three) illegal discharge of pollutants through abnormal operation of environmental protection facilities, or maintenance and replacement of environmental protection facilities without taking effective measures to prevent pollution damage to the marine environment;

(four) acts in violation of other provisions of this Ordinance on the disposal and discharge of pollutants and wastes.

Whoever commits the act in Item (1) of the preceding paragraph shall be fined between 30,000 yuan and 200,000 yuan; Whoever commits any of the acts mentioned in Items (2), (3) and (4) of the preceding paragraph shall be fined between 20,000 yuan and 100,000 yuan.

In violation of the provisions of this Ordinance, environmental protection facilities have not been built, or environmental protection facilities have not reached the specified requirements and are put into production and use, and shall be punished in accordance with the provisions of the Marine Environmental Protection Law of the People’s Republic of China.

Article 46 In violation of the provisions of this Ordinance, any of the following acts shall be ordered by the Marine Police to make corrections within a time limit and be given a warning; Those who refuse to make corrections within the time limit may be fined up to 100,000 yuan:

(a) failing to report the types and quantities of pollutants discharged in accordance with the provisions;

(two) the original monitoring records are not kept, and the monitoring data are tampered with or forged;

(3) Failing to set up obvious signs when conducting operations that damage fishery resources in important fishery waters;

(4) Failing to provide an anti-pollution record book, submitting a copy of the anti-pollution record book, or making false records in the anti-pollution record book;

(5) The developer of offshore oil exploration has changed, and the relevant documents and materials on environmental protection have not been completely handed over, prompting the hidden danger of oil spill pollution;

(six) failing to disclose environmental protection information to the public in accordance with the provisions;

(seven) failing to establish the responsibility system for environmental protection in accordance with the provisions.

Article 47 Anyone who, in violation of the provisions of this Ordinance, fails to report in accordance with the provisions before the operation of damaging fishery resources in important fishery waters, or fails to report in accordance with the provisions before the offshore oil testing operation, before the mobile platform is in place, and before the operator changes, shall be given a warning by the Marine Police and may be fined not more than 50,000 yuan.

Article 48 Whoever, in violation of the provisions of this Ordinance, fails to take anti-seepage, anti-leakage and anti-corrosion measures for offshore oil exploration, development and production facilities, storage facilities, oil and gas pipelines, etc. as required, or fails to carry out inspection and maintenance in accordance with the relevant provisions of the state, shall be ordered by the Marine Police to make corrections and may be fined not more than 50,000 yuan.

Article 49 In violation of the provisions of this Ordinance, refusing or obstructing the supervision and inspection, refusing to implement the on-site emergency disposal decision of the supervision and inspection personnel, or refusing to cooperate with the emergency disposal and investigation of oil spill pollution accidents, the marine police can take administrative compulsory measures such as sealing up places, facilities, property or seizing property according to law.

Article 50 In violation of the provisions of this Ordinance, after the termination of exploration and development activities, environmental restoration measures are not organized and implemented according to law, and the marine police shall order it to make corrections within a time limit; If it refuses to make corrections within the time limit, the Marine Police will designate a third person to organize the implementation of environmental restoration and control measures on its behalf, and the expenses required will be borne by the offshore oil exploration developers.

Article 51 In violation of the provisions of this Ordinance, those who fail to fulfill the obligations of making emergency plans for oil spill pollution accidents, providing emergency equipment and materials, etc., shall be ordered by the Marine Police to make corrections within a time limit and be fined between 20,000 yuan and 100,000 yuan; Those who refuse to make corrections within the time limit shall be ordered to stop production for rectification.

Article 52 In violation of the provisions of this Ordinance, when an oil spill accident occurs, measures such as emergency treatment and reporting are not taken immediately in accordance with the provisions, and the marine police department shall order it to stop the illegal act, make corrections within a time limit or order it to take measures such as restricting production and stopping production for rectification, and impose a fine of more than 20,000 yuan and less than 100,000 yuan; Those who refuse to make corrections within the time limit may be punished continuously on a daily basis according to the original fine amount from the day after the date of ordering correction; If the circumstances are serious, it shall be ordered to suspend business or close down with the approval of the people’s government with the right of approval.

In violation of the provisions of this Ordinance, those who fail to conduct environmental impact assessment and take rectification measures in accordance with the provisions after the oil spill pollution accident, or whose conclusions and rectification can not meet the requirements of marine environmental protection, shall be ordered to suspend business and close down with the approval of the people’s government with the right of approval.

Article 53 Those who use dispersants in violation of the provisions of these regulations shall be given a warning by the Marine Police and fined between 20,000 yuan and 100,000 yuan.

Article 54 In violation of the provisions of these regulations, causing a general oil spill pollution accident or a large oil spill pollution accident, the marine police department will pay a fine of 20% for the direct loss of the oil spill pollution accident; If a major oil spill pollution accident or a serious oil spill pollution accident is caused, the marine police department will directly lose 30% of the fine.

In violation of the provisions of these regulations, causing oil spill pollution accidents, the marine police can impose a fine of less than 50% of the income obtained from the unit in the previous year on the directly responsible person in charge and other directly responsible personnel; If the directly responsible person in charge and other directly responsible personnel belong to state personnel, they shall be punished according to law.

Article 55 In violation of the provisions of these regulations, the staff of the competent department of ecological environment and the marine police station shall be punished according to law in any of the following circumstances; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to review and approve and re-examine the environmental impact report (form) in accordance with the provisions;

(2) Failing to conduct supervision and inspection in accordance with regulations;

(3) Failing to carry out emergency work for oil spill pollution accidents in accordance with regulations;

(4) Failing to investigate and handle oil spill pollution accidents in accordance with regulations;

(five) other acts of abuse of power and dereliction of duty.

Article 56 In violation of the provisions of this Ordinance, which constitutes a violation of public security administration, the public security administration shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 57 The meanings of the following terms in this Ordinance are:

(1) Offshore oil exploration and developers refer to enterprises, institutions and other producers and operators engaged in offshore oil exploration and development;

(2) Fishery waters refer to spawning grounds, feeding grounds, wintering grounds, migration routes and breeding places for fish, shrimp, crabs, shellfish, algae and other aquatic animals and plants in the waters under the jurisdiction of People’s Republic of China (PRC);

(3) Oil spill pollution accidents refer to marine environmental pollution accidents caused by the leakage of oil and oily mixtures caused by offshore oil exploration and development.

Article 58 Environmental protection of marine natural gas and natural gas hydrate exploration and development activities shall be implemented in accordance with these regulations.

Article 59 These Regulations shall come into force as of.