Order of the President of the People's Republic of China

No. 22

The Law of the People's Republic of China on the Protection of Offshore Islands, adopted at the 12th Meeting of the Standing Committee of the Eleventh National People's Congress on December 26, 2009, is hereby promulgated and shall go into effect as of March 1, 2010.

Hu Jintao

President of the People's Republic of China

December 26, 2009

Law of the People's Republic of China on the Protection of Offshore Islands

(Adopted at the 12th Meeting of the Standing Committee of the Eleventh National People's Congress on December 26, 2009)

Contents

Chapter ‎I General Provisions

Chapter II Plans for Protecting Offshore Islands

Chapter III Protection of Offshore Islands

Section 1 General Regulations

Section 2 Protection of Ecosystems of Inhabited Offshore Islands

Section 3 Protection of Uninhabited Offshore Islands

Section 4 Protection of Offshore Islands for Special Use

Chapter IV Supervision and Inspection

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is formulated for the purposes of protecting the ecosystem of offshore islands and their surrounding waters, rationally developing and utilizing the natural resources of offshore islands, safeguarding national maritime rights and interests as well as promoting sustainable economic and social development.

Article 2 This Law shall apply to the protection, development and utilization of offshore islands that belong to the People's Republic of China, and to the related administrative activities.

For the purpose of this Law, “offshore islands” shall refer to naturally formed pieces of land surrounded by water that are above water at high tide, including inhabited and uninhabited offshore islands.

For the purpose of this Law, “the protection of offshore islands” shall refer to the protection of the ecosystems of offshore islands and their surrounding waters, the protection of natural resources of uninhabited offshore islands and the protection of offshore islands for special use. Article 3 With regard to offshore islands, the State shall implement the principles of scientific planning, prioritized protection, rational development and sustainable use.

The State Council and local governments at all levels along the coastal area shall incorporate the protection and rational development and utilization of offshore islands into national economic and social development planning, adopt effective measures, strengthen the protection and administration of offshore islands, and prevent the ecosystems of offshore islands and their surrounding waters from being destroyed. Article 4 Uninhabited offshore islands belong to the State. The State Council shall exercise ownership over uninhabited offshore islands on behalf of the State.

Article 5 The competent marine department of the State Council and other relevant departments of the State Council shall, in accordance with the law and the division of responsibilities prescribed by the State Council, be responsible for the ecological protection of inhabited offshore islands and their surrounding waters nationwide. Competent marine departments and other relevant departments of local people's governments at or above the county level along the coastal area shall, in accordance with their respective responsibilities, be responsible for the ecological protection of inhabited offshore islands and their surrounding waters within their respective administrative areas.

The competent marine department of the State Council shall be responsible for managing the protection, development and utilization of uninhabited offshore islands nationwide. Competent marine departments of local people's governments at or above the county level along the coastal area shall be responsible for the related work of managing the protection, development and utilization of uninhabited offshore islands within their respective administrative areas.

Article 6 The names of offshore islands shall be determined and announced by the State authorities responsible for place names and the competent marine department of the State Council in accordance with relevant provisions of the State Council.

Local people's governments at or above the county level along the coastal area shall, in accordance with the provisions of the State, install name signs of offshore islands on offshore islands where name signs need to be installed.

It is prohibited to destroy or remove without authorization the name signs of offshore islands.

Article 7 The State Council and local people's governments at all levels along the coastal area shall strengthen publicity and education on the protection of offshore islands, strengthen citizens’ awareness of the protection of offshore islands, and reward entities and individuals that make remarkable achievements in the protection and relevant scientific research of offshore islands.

All entities and individuals shall have the duty to observe relevant laws on the protection of offshore islands, and shall be entitled to report conduct that violates laws on the protection of offshore islands or undermines the ecological environment of offshore islands to competent marine departments or other relevant departments.

Chapter II

Plans for Protecting Offshore Islands

Article 8 The State shall implement a planning system for the protection of offshore islands. Plans for protecting offshore islands are the basis of protection and utilization activities on offshore islands.

Plans for protecting offshore islands shall be formulated in compliance with the principle of facilitating the protection and improvement of the ecosystems of offshore islands and their surrounding waters and promoting the sustainable economic and social development of offshore islands.

The opinions of relevant experts and the public shall be solicited prior to the submission of plans for protecting offshore islands for examination and approval. The plans for protecting offshore islands shall be promptly announced to the public after approval, except where they involve State secrets. Article 9 The competent marine department of the State Council shall, in conjunction with relevant departments of the people's government and military authorities at the same level, and in accordance with national economic and social development plans as well as national marine function zones, organize the formulation of the national plan for protecting offshore islands and submit the same to the State Council for examination and approval.

The national plan for protecting offshore islands shall, in accordance with such natural attributes as the location, natural resources, and environment of offshore islands as well as their protection and utilization situations, determine the principle of classified protection of offshore islands, uninhabited offshore islands that are exploitable, and offshore islands where the focus is on restoration, etc.

The national plan for protecting offshore islands shall be connected with national cities systems planning and the national overall plan for land use. Article 10 Competent marine departments of provinces and autonomous regions along the costal area shall, in conjunction with relevant departments of the people's governments and military authorities at the same level, and in accordance with the national plan for protecting offshore islands, provincial cities systems planning and the overall plans for land use in provinces and autonomous regions, organize the formulation of provincial plans for protecting offshore islands, submit the same to the people's governments of provinces and autonomous regions for examination and approval, and report the same to the State Council for record-filing purposes.

Overall urban planning organized and compiled by people's governments of municipalities directly under the central government along the coastal area shall include special plans for protecting offshore islands within their respective administrative areas.

Provincial plans for protecting offshore islands and the special plans for protecting offshore islands of municipalities directly under the central government shall stipulate specific measures for the classified protection of offshore islands.

Article 11 People's governments of all provinces and autonomous regions may, in light of actual situations, request people's governments of coastal cities, counties and towns within their respective administrative areas to organize the formulation of special plans for protecting offshore islands, and incorporate the same into the overall urban plans and overall town plans; the said governments may require people's governments at the county level along the coastal area to organize the formulation of county-level plans for protecting offshore islands.

The special plans of coastal cities and towns for protecting offshore islands as well as the county-level plans for protecting offshore islands shall be consistent with national and provincial plans for protecting offshore islands.

While formulating special plans for protecting offshore islands of coastal cities and towns, the opinions of the competent marine department of the people's government at a higher level shall be solicited.

County-level plans for protecting offshore islands shall be submitted to people's governments of provinces and autonomous regions for examination and approval, and be reported to the competent marine department of the State Council for record-filing purposes. Article 12 People's governments at the county level along the coastal area may organize the formulation of plans for protecting and utilizing uninhabited offshore islands that are determined exploitable in the national plan for protecting offshore islands.

Article 13 Modification of plans for protecting offshore islands shall be submitted for approval in accordance with the examination and approval procedures specified in Articles 9, 10 and 11 herein.

Article 14 The State shall establish and improve the statistical survey system of offshore islands. The competent marine department of the State Council shall, in conjunction with relevant departments, propose and determine the comprehensive statistical survey plan of offshore islands, organize its implementation upon approval in accordance with the law and release a bulletin on the statistical survey of offshore islands. Article 15 The State shall establish a management system of information on offshore islands to carry out the investigation and assessment of natural resources of offshore islands as well as surveillance and monitoring for the protection and utilization of offshore islands.

Chapter III

Protection of Offshore Islands

Section 1

General Regulations

Article 16 The State Council and people's governments at all levels along the coastal area shall take measures to protect the natural resources, natural landscapes, as well as historical and cultural relics of offshore islands.

Changing the coastline of offshore islands within nature reserves shall be prohibited. The dredging and destruction of corals and coral reefs shall be prohibited. Felling of mangroves in the surrounding waters of offshore islands shall be prohibited. Article 17 The State shall protect the vegetation of offshore islands, and promote the conservation of freshwater resources on offshore islands; it shall also support the construction of facilities for projects of freshwater storage, desalination and the introduction of freshwater from outside on inhabited offshore islands.

Article 18 The State shall support the use of offshore islands for carrying out scientific research activities. Scientific research activities carried out on offshore islands shall not cause damage to the ecosystems of offshore islands or their surrounding waters.

Article 19 The State shall carry out species registration of offshore islands to protect and administer species of offshore islands in accordance with the law.

Article 20 The State shall support the establishment of experiment bases on offshore islands for the development and utilization of renewable energy, and for ecological construction, etc.

Article 21 The State shall arrange special protection funds for offshore islands for their protection and ecological restoration as well as scientific research activities. Article 22 The State shall protect military facilities established on offshore islands and prohibit conduct that destroys or endangers military facilities.

The State shall protect, in accordance with the law, such facilities for public benefit as navigation aids, surveying, meteorological observation, ocean monitoring and seismic monitoring facilities, and shall prohibit any destruction or unauthorized removal that impedes the normal use thereof.

Section 2

Protection of Ecosystems of Inhabited Offshore Islands

Article 23 Development and construction on inhabited offshore islands shall comply with the provisions of laws and regulations on urban and rural planning, environmental protection, land management, administration over the use of sea areas, water resources and forest protection, to protect the ecosystems of offshore islands and their surrounding waters.

Article 24 Investigations and assessments of land resources, water resources and energy resources of offshore islands shall be carried out with regard to development and construction on inhabited offshore islands, and environmental impact assessments shall be conducted in accordance with the law. Development and construction on offshore islands shall not exceed the environmental capacity thereof. Construction projects involving new construction, renovation and expansion shall meet the requirements of such indicators as the emission of major pollutants on offshore islands, control of land for construction use and control of total water use.

Development and construction on inhabited offshore islands shall give priority to the use of wind power, ocean energy, solar energy and other renewable energies as well as rainwater collection, desalination, sewage recycling and other technologies.

Zones in which development is prohibited or restricted shall be designated on inhabited offshore islands and their surrounding waters and measures shall be taken to protect the habitat for offshore island species to prevent the degradation of offshore island vegetation and decreases in biodiversity. Article 25 Construction projects carried out on inhabited offshore islands shall adhere to the principles of construction after planning and ecological protection facilities being constructed before construction projects or simultaneously with construction projects.

Where ecological damage has been caused by project construction, restoration shall be carried out by the party responsible; where the party has no capacity to carry out the restoration, the people's government at or above the county level shall order the said party to cease construction, and may designate relevant departments to carry out restoration, the cost of which shall be borne by the entity or individual who caused such ecological damage. Article 26 Construction of buildings or facilities on the beaches of inhabited offshore islands shall be strictly restricted; where there is a determined need for construction, it shall be carried out in accordance with the provisions of laws and regulations on urban and rural planning, land management, environmental protection, etc. Buildings or facilities constructed on the beaches of inhabited offshore islands without approval which cause serious damage to the ecosystems of offshore islands and their surrounding waters shall be demolished in accordance with the law.

Sea sand excavation on the beaches of inhabited offshore islands shall be strictly restricted; where there is a determined need for excavation, it shall be carried out in accordance with relevant provisions of laws and regulations on the management and use of sea areas and mineral resources.

Article 27 Land reclamation from the sea, encircling of sea areas and other conduct that changes the coastline of inhabited offshore islands shall be strictly restricted, and construction projects for land reclamation from the sea to link islands shall be strictly restricted; where there is a determined need for land reclamation from the sea or encircling of sea areas that changes the coastline of offshore islands, or land reclamation from the sea to link islands, a project applicant shall submit a demonstration study report of the project, approved environmental impact assessment reports and other application documents for approval in accordance with the Law of the People's Republic of China on the Administration of the Use of Sea Areas.

Where projects of land reclamation from the sea to link islands constructed on inhabited offshore islands prior to the implementation of this Law have caused serious damage to the ecosystems of offshore islands and their surrounding waters, competent marine departments of people's governments of the provinces, autonomous regions and municipalities directly under the central government where the offshore islands are located shall, in conjunction with relevant departments of the people's governments at the same level, formulate ecological restoration plans and organize the implementation thereof upon approval by people's governments at the same level.

Section 3

Protection of Uninhabited Offshore Islands

Article 28 The status quo of uninhabited offshore islands not approved for use shall be maintained; quarrying, sea sand excavation, and felling wood as well as production, construction, tourism and other activities shall be prohibited.

Article 29 Collection of biological and non-biological samples on uninhabited offshore islands shall be strictly restricted; where there is a determined need for collection for education or scientific research, it shall be reported for approval to the competent marine departments of local people's governments at or above the county level where the offshore islands are located.

Article 30 When engaging in development and utilization activities of uninhabited offshore islands determined exploitable by the national plan for the protection of offshore islands, the plan for the protection and utilization of exploitable uninhabited offshore islands shall be complied with, and strict ecological protection measures shall be taken to avoid damage to the ecosystems of offshore islands and their surrounding waters.

When developing and utilizing exploitable uninhabited offshore islands mentioned in the preceding paragraph, an application shall be made to the competent marine departments of people's governments of provinces, autonomous regions and municipalities directly under the central government with the submission of project demonstration reports, specific development and utilization plans and other application documents. Competent marine departments shall organize relevant departments and experts to review and put forward review opinions, and shall submit the same to people's governments of provinces, autonomous regions and municipalities directly under the central government for examination and approval.

Where the development and utilization of uninhabited offshore islands involves the use of offshore islands for special use, or where there is a determined need for land reclamation from the sea to link islands and other dramatic changes in the natural topography and landscape of offshore islands, the same shall be examined and approved by the State Council.

Specific measures for the examination and approval of development and utilization of uninhabited offshore islands shall be formulated by the State Council.

Article 31 Where approval is given for the development and utilization of uninhabited offshore islands, utilization funds shall be paid in accordance with the law except where uninhabited offshore islands are utilized for national defense, public service, education, disaster prevention and mitigation, noncommercial public infrastructure construction and basic mapping, meteorological observations and other public welfare undertakings.

The administrative measures for the imposition and use of funds for utilizing uninhabited offshore islands shall be formulated by the finance department of the State Council in conjunction with the competent marine department of the State Council.

Article 32 Where buildings or facilities are constructed on approved exploitable uninhabited offshore islands, the total number, height and the distance from the coastline of the buildings and facilities constructed shall be restricted in accordance with the plan for the protection and utilization of exploitable uninhabited offshore islands to make them blend in with the surrounding vegetation and landscape. Article 33 Waste water generated during the process of exploiting uninhabited offshore islands shall be handled and discharged in accordance with regulations.

Solid waste generated during the process of exploiting uninhabited offshore islands shall be treated innocuously and disposed in accordance with regulations. The discarding thereof on uninhabited offshore islands or the dumping thereof in surrounding waters shall be prohibited. Article 34 No permanent buildings or facilities shall be constructed on offshore islands that are being used temporarily. Article 35 No residential premises for settlement shall be constructed and no engagement in productive cultivation activities shall be allowed on uninhabited offshore islands as well as their surrounding waters which are determined exploitable for developing tourist activities in accordance with the law; where productive cultivation activities already exist, corresponding pollution prevention and control measures shall be specified in the preparation of the plan for the protection and utilization of exploitable uninhabited offshore islands.

Section 4

Protection of Offshore Islands for Special Use

Article 36 The State shall implement special protection of: offshore islands where the base points of territorial waters are located, offshore islands for national defense use, offshore islands within marine nature reserves and other offshore islands with special purposes or special protection value.

Article 37 The scope of protection of offshore islands where the base points of territorial waters are located shall be delimited by people's governments of provinces, autonomous regions and municipalities directly under the central government where offshore islands are located and be reported to the competent marine department of the State Council for record-filing purposes. Base points of territorial waters and the protection areas surrounding them shall be clearly marked.

It shall be prohibited to carry out construction projects and other activities within the protection areas of base points of territorial waters that may change the topography or landscape of such areas. Where there is a determined need to carry out construction projects to protect base points of territorial waters, scientific demonstrations shall be conducted. Examination and approval procedures shall be handled in accordance with the law upon approval by the competent marine department of the State Council.

Destruction or unauthorized removal of base point marks of territorial water shall be prohibited.

Competent marine departments of people's governments at or above the county level shall, in accordance with the provisions of the State, carry out surveillance and monitoring of the ecosystems of offshore islands where the base points of territorial waters are located and their surrounding waters.

All entities and individuals shall be obliged to protect the base points of territorial waters on offshore islands. Where damage to the base points of territorial waters as well as to the topography and landscape within the protection area of the base points of territorial waters is discovered, it shall be promptly reported to local people's governments or competent marine departments.

Article 38 It shall be prohibited to damage the natural topography and landscape of uninhabited offshore islands used for national defense and the topography and landscape of the areas on inhabited offshore islands used for national defense as well as the surrounding areas thereof.

It shall be prohibited to use uninhabited offshore islands used for national defense for purposes other than national defense. Upon the termination of national defense use, and upon approval of military authorities, offshore islands, together with relevant ecological protection materials, shall be handed over to people's governments of provinces, autonomous regions and municipalities directly under the central government where the offshore islands are located.

Article 39 The State Council, relevant departments of the State Council as well as people's governments of provinces, autonomous regions and municipalities directly under the central government along the coastal area shall, in light of the need for protecting natural resources, natural landscapes and historical and cultural relics of offshore islands, approve the establishment of marine nature reserves or special marine protection zones in accordance with the law for offshore islands and their surrounding waters that possess special protection value.

Chapter IV

Supervision and Inspection

Article 40 Relevant departments of people's governments at or above the county level shall supervise and inspect the protection and development of as well as construction on inhabited offshore islands in accordance with the law.

Article 41 Competent marine departments shall supervise and inspect the protection and rational utilization of uninhabited offshore islands in accordance with the law.

Competent marine departments and marine monitoring agencies thereof shall supervise and inspect the protection of ecosystems in waters surrounding offshore islands in accordance with the law. Article 42 Competent marine departments shall carry out the duty of supervision and inspection in accordance with the law, and shall be entitled to require the entities and individuals under inspection to provide explanations on the utilization of offshore islands as well as relevant documents and information on the utilization of offshore islands; the said departments shall be entitled to enter the offshore islands being utilized by entities or individuals under inspection to conduct on-site inspections.

Inspectors shall produce valid law enforcement credentials in the performance of inspection duties. Relevant entities and individuals shall cooperate with them in the inspections, accurately reflect the situation and provide relevant documents and information, etc.; and shall not refuse or impede inspections.

Article 43 Inspectors shall be devoted to their duties, impartially enforce the law, be upright and honest, provide a civilized service, and subject themselves to supervision in accordance with the law. When investigating and dealing with any conduct, in accordance with the law, that is in violation of the provisions of this Law, where it is found that penalties shall be imposed on State functionaries who commit illegal conducts, inspectors shall make suggestions for penalties to the organs in charge of the appointment and removal of the said State functionary or to the supervisory organs.

Chapter V

Legal Liability

Article 44 Where competent marine departments or other departments with supervision and administration duties for the protection of offshore islands fail to investigate and deal with, in accordance with the law, behavior that is in violation of law upon the discovery thereof or upon the receipt of reports thereof, or fail otherwise to perform their duties in accordance with the provisions of this Law, the people's governments at the same level or the competent departments of people's governments at the next higher level shall order correction, and shall impose disciplinary penalties on the persons in charge who are directly responsible and other persons directly responsible in accordance with the law.

Article 45 Where, in violation of the provisions of this Law, the coastline of offshore islands within nature reserves is changed, or the coastline of offshore islands is changed due to land reclamation from the sea or encircling of sea areas, or land is reclaimed from the sea to link islands, penalties shall be imposed in accordance with the Law of the People's Republic of China on the Administration of the Use of Sea Areas.

Article 46 Where, in violation of the provisions of this Law, the excavation or destruction of coral or coral reefs, or felling of mangroves in waters surrounding offshore islands is carried out, penalties shall be imposed in accordance with the Law of the People's Republic of China on Marine Environmental Protection.

Article 47 Where, in violation of the provisions of this Law, quarrying, sea sand excavation, felling of wood or collection of biological or non-biological samples in uninhabited offshore islands is carried out, competent marine departments of people's governments at or above the county level shall order cessation of the illegal conduct, confiscate illegal gains, and may concurrently impose a fine of not more than RMB 20,000 yuan.

Where, in violation of the provisions of this Law, production or construction activities are carried out or tourism activities are organized on uninhabited offshore islands, competent marine departments of people's governments at or above the county level shall order cessation of the illegal conduct, confiscate illegal gains, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.

Article 48 Where, in violation of the provisions of this Law, activities that substantially alter the natural topography or landscape of uninhabited offshore islands are carried out, competent marine departments of people's governments at or above the county level shall order cessation of the illegal conduct and impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.

Article 49 Where, in violation of this Law, pollutants are discharged on offshore islands or in their surrounding waters, penalties shall be imposed in accordance with the provisions of relevant environmental protection laws. Article 50 Where, in violation of the provisions of this Law, project construction or other activities that may alter the topography or landscape of the area are carried out within the protection areas of base points of territorial waters, or where permanent buildings or facilities are constructed on uninhabited offshore islands for temporary utilization, or where residential premises for settlement are constructed on uninhabited offshore islands that are determined exploitable, in accordance with the law, for tourism activities, competent marine departments of people's governments at or above the county level shall order cessation of the illegal conduct and impose a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. Article 51 Administrative penalties of public security shall be imposed for the destruction or unauthorized removal of base point marks of territorial waters.

Article 52 Destruction or damage of military facilities established on offshore islands, or destruction or unauthorized removal of facilities for public benefit such as navigation aids or surveying, meteorological observation, ocean monitoring and seismic monitoring facilities shall be punished in accordance with relevant laws and administrative regulations.

Article 53 Where the development and utilization of uninhabited offshore islands is approved without the approval authority, beyond the approval authority or approved in violation of the plan for protecting offshore islands, the approval documents shall be invalid; disciplinary penalties shall be imposed, in accordance with the law, on the persons in charge who are directly responsible and other persons directly responsible. Article 54 Where, in violation of the provisions of this Law, relevant entities or individuals refuse the supervision and inspection of competent marine departments, or conduct fraud when accepting supervision and inspection, or fail to provide relevant documents and materials, competent marine departments of people's governments at or above the county level shall order correction, and may impose a fine of not more than RMB 20,000 yuan.

Article 55 In case of violations of this Law involving criminal offenses, offenders shall be investigated for criminal responsibilities in accordance with the law.

Civil liabilities shall be borne where damage has been caused to the ecosystem of offshore islands and their surrounding waters.

Chapter VI

Supplementary Provisions

Article 56 Protection and relevant administrative activities for low-tide elevations shall be implemented with reference to relevant provisions of this Law. Article 57 For the purpose of this Law:

(1) “The ecosystems of offshore islands and their surrounding waters” shall refer to the organic complex system that maintains the existence of offshore islands, which is composed of biological communities and non-biological environment such as the island body, coastline, beaches, vegetation, freshwater and the surrounding waters.

(2) “Uninhabited offshore islands” shall refer to offshore islands that do not belong to registration addresses under the household registration administration.

(3) “Low-tide elevations” shall refer to areas of naturally formed land that are surrounded by seawater and are higher than the surface of the water at low tide but are submerged at high tide.

(4) “Land reclamation from the sea to link islands” shall refer to the behavior of linking offshore islands with the land or linking offshore islands together by means of land reclamation.

(5) “Temporary utilization of uninhabited offshore islands” shall refer to the behavior of short-term boarding or docking on uninhabited offshore islands out of the need for official business, education, scientific research, disaster relief, and disaster evasion, etc. Article 58 This Law shall go into effect on March 1, 2010.