9 Chinese Law and Policy on Marine Environmental Protection
171
SOA used to be the most import department undertaking marine environment protection. It is responsible for drafting laws and regulations relating marine environmental
protection and sea area uses; inspecting law enforcement; monitoring marine environment and dealing with emergencies at sea. It is also responsible for environment
protection work to prevent and control marine pollution damages caused by marine
construction projects and dumping of wastes in the sea as well as the management
of marine nature reserves. Despite the above responsibilities, the responsibility of
investigation and handling of accidents in the fishery industry rests on SOA.
However, China announced the plan for the reforms of ministerial structure in
2018. The main purpose of the reform is to better utilize natural resources and fight
pollution. Under the reform, two new ministries, namely the Ministry of Natural
Resources (MNR) and the Ministry of Ecology Environment (MEE), have been
established to consolidate the scattered environmental responsibilities which were
previously spread across different ministries (see Fig. 9.1). The MNR is responsible
for managing all the natural resources, while the MEE is in charge of all-sources
pollution management. The changes in the structure of the ministries imply that
China’s environmental management shifts towards a more unified and ecological way
and it also have great impact on ocean management.
124 According to the reform, the
functions of the former SOA have been transferred to three different bodies. Its main
responsibilities were taken over by MNR, while the duty of environment protection
now rests on the MEE.
Under the new governmental structure, the following departments of government
are in charge of law enforcement concerning marine environmental protection with
respective responsibilities.
MNR—The MNR is responsible for the following tasks regarding marine environmental protection: 1. To formulate policies and draft laws and regulations on
marine economic development and marine resources utilization; 2. To designate the
MERL and formulate the implementation of annual plans for the use of sea; 3. To be in
charge of the work relating to the restoration of coastline and island; 4. To be in charge
of the work to implement the marine ecological compensation mechanism; 5. To be
responsible for the supervision and administration of marine development, utilization and protection; 6. To be responsible for the use of sea and protection of islands;
7. To be responsible for marine observation and marine disaster reduction, and to be
engaged in the emergency response to major marine disasters. It should be noted that
the MNR establishes a new bureau—the National Forestry and Grasslands Bureau to
comprehensively administrate the nature reserves, scenic areas, natural heritage sites
124 The natural resource management of China, before 2018, is a typical resource element management. The management of groundwater, seas, agricultural effluents, forests, and river basin, each
fell under a different government department that resulted in the fragmentation of management. For
example, marine reserves originally under the administration of the SOA mostly contain parts of
coastal wetlands, which were also under the jurisdiction of the former State Forestry Administration.
Since the implementation of the reforms of ministerial structure, the newly established MNR will
have jurisdiction over all marine reserves and manage most activities within a single reserve, the
division of land and sea management in marine reserves will come to end. This significant change
will make the management of natural resources ecosystem based.
171
SOA used to be the most import department undertaking marine environment protection. It is responsible for drafting laws and regulations relating marine environmental
protection and sea area uses; inspecting law enforcement; monitoring marine environment and dealing with emergencies at sea. It is also responsible for environment
protection work to prevent and control marine pollution damages caused by marine
construction projects and dumping of wastes in the sea as well as the management
of marine nature reserves. Despite the above responsibilities, the responsibility of
investigation and handling of accidents in the fishery industry rests on SOA.
However, China announced the plan for the reforms of ministerial structure in
2018. The main purpose of the reform is to better utilize natural resources and fight
pollution. Under the reform, two new ministries, namely the Ministry of Natural
Resources (MNR) and the Ministry of Ecology Environment (MEE), have been
established to consolidate the scattered environmental responsibilities which were
previously spread across different ministries (see Fig. 9.1). The MNR is responsible
for managing all the natural resources, while the MEE is in charge of all-sources
pollution management. The changes in the structure of the ministries imply that
China’s environmental management shifts towards a more unified and ecological way
and it also have great impact on ocean management.
124 According to the reform, the
functions of the former SOA have been transferred to three different bodies. Its main
responsibilities were taken over by MNR, while the duty of environment protection
now rests on the MEE.
Under the new governmental structure, the following departments of government
are in charge of law enforcement concerning marine environmental protection with
respective responsibilities.
MNR—The MNR is responsible for the following tasks regarding marine environmental protection: 1. To formulate policies and draft laws and regulations on
marine economic development and marine resources utilization; 2. To designate the
MERL and formulate the implementation of annual plans for the use of sea; 3. To be in
charge of the work relating to the restoration of coastline and island; 4. To be in charge
of the work to implement the marine ecological compensation mechanism; 5. To be
responsible for the supervision and administration of marine development, utilization and protection; 6. To be responsible for the use of sea and protection of islands;
7. To be responsible for marine observation and marine disaster reduction, and to be
engaged in the emergency response to major marine disasters. It should be noted that
the MNR establishes a new bureau—the National Forestry and Grasslands Bureau to
comprehensively administrate the nature reserves, scenic areas, natural heritage sites
124 The natural resource management of China, before 2018, is a typical resource element management. The management of groundwater, seas, agricultural effluents, forests, and river basin, each
fell under a different government department that resulted in the fragmentation of management. For
example, marine reserves originally under the administration of the SOA mostly contain parts of
coastal wetlands, which were also under the jurisdiction of the former State Forestry Administration.
Since the implementation of the reforms of ministerial structure, the newly established MNR will
have jurisdiction over all marine reserves and manage most activities within a single reserve, the
division of land and sea management in marine reserves will come to end. This significant change
will make the management of natural resources ecosystem based.