9 Chinese Law and Policy on Marine Environmental Protection
169
in malpractice for personal gains, which results in pollution damage to the marine
environment, may be subject to criminal sanctions.
118
It should be noted that the latest revised MEPL adds some new clauses relating to
environment impact assessment (EIA). EIA is one of the environmental assessment
tools being used worldwide to minimize negative impact of human activities on the
marine environment. It is not only a planning tool used to identify the potential environmental risks and impacts of a project, but also a decision-making tool providing
the essential information for the competent authorities before making the decision
on whether to carry the projects out.
119 In China, the new construction, reconstruction and extension of mariculture should conduct EIA
120 and marine construction
projects, in the feasibility study stage, must formulate EIA statements and submit
to the competent administrative department for approval.
121 The mandatory requirement to operate EIA implies that the advancing precaution in marine environmental
management has been enhanced.
9.4.3 Administrative Regulations on Marine Environmental
Protection
There are some general provisions contained in the MEPL, and when put into practice,
more detailed explanation and measures would be needed. With the aim of filling
this gap, a series of regulations have been enacted to supplement and improve the
implementation of the law. Since the MEPL came into force, more than a dozen
regulations concerning marine environmental protection have been issued to specify
the meaning of the corresponding provisions of the MEPL (see Table 9.2). These
regulations mainly concern the pollution prevention and resource conservation. In
addition, subsequent regulations and rules which also have legal binding might be
promulgated by local governments or ministries, such as Rule on Investigation of
Marine Pollution from ship issued by Ministry of Transportation and the Measures
of Management of Marine Natural Reserves issued by SOA.
The above laws, regulations, and rules from top to down form a systematical legal
framework for marine environment protection, which governs all sea-related activities and concerns different sectors in marine affair. The legal system for marine environmental protection has been regarded as the most comprehensive and systematic
compared with other marine related laws and regulations.
122
118 MEPL, Art. 93.
119 Elijah K. Biamah, Jacqueline Kiio, and Benjamin Kogo, Environmental Impact Assessment in
Kenya,Developments in Earth Surface Processes, Vol. 16, 2013, p. 237.
120 MEPL, Art. 28.
121 MEPL, Art. 43.
122 See supra not 14, p. 212.
169
in malpractice for personal gains, which results in pollution damage to the marine
environment, may be subject to criminal sanctions.
118
It should be noted that the latest revised MEPL adds some new clauses relating to
environment impact assessment (EIA). EIA is one of the environmental assessment
tools being used worldwide to minimize negative impact of human activities on the
marine environment. It is not only a planning tool used to identify the potential environmental risks and impacts of a project, but also a decision-making tool providing
the essential information for the competent authorities before making the decision
on whether to carry the projects out.
119 In China, the new construction, reconstruction and extension of mariculture should conduct EIA
120 and marine construction
projects, in the feasibility study stage, must formulate EIA statements and submit
to the competent administrative department for approval.
121 The mandatory requirement to operate EIA implies that the advancing precaution in marine environmental
management has been enhanced.
9.4.3 Administrative Regulations on Marine Environmental
Protection
There are some general provisions contained in the MEPL, and when put into practice,
more detailed explanation and measures would be needed. With the aim of filling
this gap, a series of regulations have been enacted to supplement and improve the
implementation of the law. Since the MEPL came into force, more than a dozen
regulations concerning marine environmental protection have been issued to specify
the meaning of the corresponding provisions of the MEPL (see Table 9.2). These
regulations mainly concern the pollution prevention and resource conservation. In
addition, subsequent regulations and rules which also have legal binding might be
promulgated by local governments or ministries, such as Rule on Investigation of
Marine Pollution from ship issued by Ministry of Transportation and the Measures
of Management of Marine Natural Reserves issued by SOA.
The above laws, regulations, and rules from top to down form a systematical legal
framework for marine environment protection, which governs all sea-related activities and concerns different sectors in marine affair. The legal system for marine environmental protection has been regarded as the most comprehensive and systematic
compared with other marine related laws and regulations.
122
118 MEPL, Art. 93.
119 Elijah K. Biamah, Jacqueline Kiio, and Benjamin Kogo, Environmental Impact Assessment in
Kenya,Developments in Earth Surface Processes, Vol. 16, 2013, p. 237.
120 MEPL, Art. 28.
121 MEPL, Art. 43.
122 See supra not 14, p. 212.