166
J. Wang
for total quantity of pollutants discharge control and the mechanism for marine
reserves.
99
With the aim of addressing marine pollution, the mechanism of total quantity of
pollutant discharge control has been established. According to the MEPL, the State
determines the maximum amounts of key pollutants which may be discharged into
the sea and allocates the discharge quantity among main pollution sources. The State
Council is in charge of formulating the specific measures for the implementation.
100
To enhance operability of the provision, when the MEPL was revised in 2016, a
new clause was added to break down the total quantity of pollutants for an area
into discharge units and the entities shall comply with the discharge limit based
on the number of discharge units assigned to them.
101 The entities whose pollutant
discharge has exceeded the assigned amount will be fined not <20,000 yuan but no
more than 100,000 yuan.
102 In the key sea areas where pollution control limits for key
pollutants have been surpassed, the relevant authorities should suspend the approval
of the environmental impact reports of construction projects that will contribute to
new discharge.
103
Marine nature reserves play important role in protecting marine ecosystems and
achieving sustainable development. It was required by the law that a marine nature
reserve shall be established in the following conditions: typical marine physiographic
areas, representative nature ecosystems areas; areas with higher marine biodiversity,
or areas where endangered marine species are naturally and densely distributed; sea
areas, islands, coastal wetlands, estuaries with special protection values.
104 Since the
Law provides a legal basis for establishing marine reserves, there has been a rapid
increase in the number of marine reserves since the late 1990s. By the end of 2018,
there are 271 marine reserves, covering a total area of 124,000 km
2 ,
105 which implies
that 4.1% of China’s waters are covered by the marine reserves.
In order to effectively implement the policy of ecological civilization progress,
the latest revised MEPL adds two new mechanisms for marine environmental protection: Marine Ecological Red Line (MERL)
106 and Marine Ecological Compensation
99 The MEPL provides that relevant departments under the State Council and the governments of the
coastal provinces should, according to the marine environmental protection requirements, establish
marine reserves. MEPL, Art. 21.
100 MELP, Art. 3.
101 MELP, Art. 11.
102 MELP, Art. 73.
103 MELP, Art. 11.
104 MEPL, Art. 22.
105 ‘China has 271 marine natural reserves’, 8 June 2019, available at www.ecns.cn/news/society/
2019-06-08/detail-ifziyumy2111282.shtml, last accessed 26 January 2020.
106 The concept of the MERL was first introduced in the Opinions of the State Council on Priorities
of Strengthening Environmental Protection, issued in 2011.
J. Wang
for total quantity of pollutants discharge control and the mechanism for marine
reserves.
99
With the aim of addressing marine pollution, the mechanism of total quantity of
pollutant discharge control has been established. According to the MEPL, the State
determines the maximum amounts of key pollutants which may be discharged into
the sea and allocates the discharge quantity among main pollution sources. The State
Council is in charge of formulating the specific measures for the implementation.
100
To enhance operability of the provision, when the MEPL was revised in 2016, a
new clause was added to break down the total quantity of pollutants for an area
into discharge units and the entities shall comply with the discharge limit based
on the number of discharge units assigned to them.
101 The entities whose pollutant
discharge has exceeded the assigned amount will be fined not <20,000 yuan but no
more than 100,000 yuan.
102 In the key sea areas where pollution control limits for key
pollutants have been surpassed, the relevant authorities should suspend the approval
of the environmental impact reports of construction projects that will contribute to
new discharge.
103
Marine nature reserves play important role in protecting marine ecosystems and
achieving sustainable development. It was required by the law that a marine nature
reserve shall be established in the following conditions: typical marine physiographic
areas, representative nature ecosystems areas; areas with higher marine biodiversity,
or areas where endangered marine species are naturally and densely distributed; sea
areas, islands, coastal wetlands, estuaries with special protection values.
104 Since the
Law provides a legal basis for establishing marine reserves, there has been a rapid
increase in the number of marine reserves since the late 1990s. By the end of 2018,
there are 271 marine reserves, covering a total area of 124,000 km
2 ,
105 which implies
that 4.1% of China’s waters are covered by the marine reserves.
In order to effectively implement the policy of ecological civilization progress,
the latest revised MEPL adds two new mechanisms for marine environmental protection: Marine Ecological Red Line (MERL)
106 and Marine Ecological Compensation
99 The MEPL provides that relevant departments under the State Council and the governments of the
coastal provinces should, according to the marine environmental protection requirements, establish
marine reserves. MEPL, Art. 21.
100 MELP, Art. 3.
101 MELP, Art. 11.
102 MELP, Art. 73.
103 MELP, Art. 11.
104 MEPL, Art. 22.
105 ‘China has 271 marine natural reserves’, 8 June 2019, available at www.ecns.cn/news/society/
2019-06-08/detail-ifziyumy2111282.shtml, last accessed 26 January 2020.
106 The concept of the MERL was first introduced in the Opinions of the State Council on Priorities
of Strengthening Environmental Protection, issued in 2011.