Measures
for the Protection and Utilization of Coastlines |
Chapter I General Provisions |
Article 1 For the purposes of implementing the requirements of the Opinions of the CPC Central Committee and the State Council on Accelerating the Advancement of the Ecological Civilization Construction, the Notice on Issuing the Overall Plan for the Reform of the Ecological Civilization System, and the Notice of the General Council on Issuing the Water Pollution Prevention and Control Action Plan, giving priority to the protection of the marine ecological environment, strengthening the protection and utilization of coastlines, realizing the management and control objectives of the retention rate of natural coastlines, and building a scientific and rational pattern of the natural coastlines, these Measures are developed. |
Article
2 The protection, utilization, rectification and repair of Chinese
continental coastlines shall be governed by these Measures. |
Article 3 The protection and utilization of coastlines shall be conducted under the principles of giving priority to protection, economical utilization, overall planning for land and marine development, scientific rectification, green sharing, and military and civilian integration. Natural coastlines shall be strictly protected, damaged shorelines shall be rectified and repaired, sea space for the public shall be expanded so as to be combined with the management of the coastal waters and coastal land environment and to realize the unity of the economic, social, ecological and military benefits from the protection and utilization of coastlines. |
Article
4 The State Oceanic Administration shall take the lead in the direction,
coordination, supervision and administration with respect to the protection
and utilization of the coastlines across the country. The relevant
departments under the State Council shall, according to their respective
functions, effectively conduct relevant management work in the protection and
utilization of the coastlines. |
Article 5 Rules shall be developed regarding the control of the retention rate of natural coastlines. By the year 2020, the retention rate of natural coastlines across the country shall not be lower than 35%, excluding the shorelines of oceanic islands. |
Article 6 The State Oceanic Administration shall develop the specifications for the investigation and statistics of coastlines, and coastal provincial competent administrative departments of marine affairs shall organize and implement the investigation of coastline resources, recognition of the natural coastlines and statistics of the retention rate. |
Article 7 The State Oceanic Administration shall organize the repair and survey of coastlines in a unified manner. The provincial competent administrative departments of marine affairs shall, in conjunction with other relevant departments, conduct repair and survey of coastlines, and the repair and survey results shall be issued upon examination by the State Oceanic Administration and approval by the provincial people's governments. |
Chapter II Categorized Protection of Shorelines |
Article
8 The state shall implement categorized protection and utilization of
coastlines. According to the conditions and development degree of the natural
resources of coastlines, it is divided into three categories including strict
protection, restricted development and optimized utilization. |
Article
9 Natural coastlines which are intact in natural forms and have prominent
ecological functions and resource value shall be categorized as shorelines
subject to strict protection, mainly including the shorelines where high
quality beaches, typical geological physiognomy landscape, important coastal
wetlands, mangroves, and coral reefs, etc., are located. |
Article
10 Coastlines whose natural form is basically in good shape, that have
relatively sound ecological functions and resource value, and have relatively
low degree of development and utilization shall be classified as shorelines
subject to restricted development. |
Article
11 Coastlines with relatively high artificialization degree and relatively
better conditions for the protection, development and utilization of coasts
shall be classified as shorelines subject to optimized utilization, mainly
including shorelines where industrial, urban, and port shipping facilities
are located. |
Article
12 The State Oceanic Administration shall, in conjunction with other relevant
departments, develop the plans and technical specifications for the
protection and utilization of coastlines, and direct and supervise the
development of the plans for the protection and utilization of coastlines at
the provincial level. |
Chapter III Economical Utilization of Shorelines |
Article 13 The competent administrative departments of marine affairs at the provincial level shall, according to the plans for the protection and utilization of coastlines, the status quo of the development and utilization of the coastlines, and the management and control objectives of the retention rate of natural coastlines in the respective provinces, develop their own annual plans for the protection and control of natural coastlines, and break them down and implement them. |
Article
14 The occupation of natural coastlines by the construction projects shall be
strictly restricted and the construction projects that indeed need to occupy
natural coastlines shall be subject to strict review and approval. The
conclusions on the necessity and reasonableness of natural shorelines shall
be specified in the review report on the use of sea areas. |
Article 15 For the construction projects that occupy the artificial shorelines, sea use control standards for construction projects shall, under the principle of intensive and economic use, be strictly implemented and the utilization efficiency of artificial shorelines shall be improved. |
Article 16 For the construction projects that occupy coastlines, priority shall be given to artificial islands, multi-jetty, block groups and other layout methods so as to increase the length of shorelines and reduce the impact on the hydrodynamic conditions and the erosion and deposition environment. Ecological construction shall be conducted for newly formed shorelines and vegetation landscape shall be created to promote the natural and ecological use of coastlines. |
Article
17 Coastal local people's governments shall conduct rational layout of the
production, living, and ecological shorelines. Shorelines, other than the
production shorelines, specially utilized shorelines and shoreline areas as
otherwise prescribed by the relevant laws and regulations, shall be disclosed
to the public by appropriate methods. |
Chapter IV Rectification and Repair of Shorelines |
Article 18 The State Oceanic Administration shall be responsible for developing the five-year plans and annual plans for the rectification and repair of coastlines across the country and establish a database for the coastlines rectification and repair projects across the country; and the competent administrative departments of marine affairs at the provincial level shall be responsible for developing five-year plans and annual plans of their respective administrative regions, propose a list of projects, and incorporate them to the database for the coastlines rectification and repair projects across the country. |
Article 19 The State Oceanic Administration shall develop the technical standards for the rectification and repair of coastlines, and give priority to the repair and maintenance of beach, cleaning of nearshore structures, dredging & realignment, planting and restoration of coastal wetland vegetation, construction of coastal ecological corridors and other projects for the coastlines rectification and repair projects. |
Article
20 The special funds of the central finance for the protection of oceanic
islands and sea areas shall support the rectification and repair of
coastlines. |
Chapter V Supervision and Administration |
Article
21 The State Oceanic Administration shall organize and carry out the dynamic
surveillance and monitoring of coastlines and obtain the dynamic information
on the protection and utilization of coastlines across the country in a
timely manner. |
Article 22 The State Oceanic Administration shall organize special enforcement examinations of the protection and utilization of coastlines on a regular basis, severely investigate and punish the illegal sea use behaviors occupying coastlines, and supervise the handling of important cases such as the occupation and destruction of natural coastlines by illegal use of the sea. |
Article 23 The State Oceanic Administration shall organize and conduct the supervision of the protection and utilization of coastlines by the coastal local people's governments at all levels, urge the local authorities that fail to effectively fulfill the supervision and administration functions of the protection and utilization of coastlines to make rectifications within a prescribed time limit, and hold warning interviews with the authorities that fail to effectively implement rectification. |
Article 24 The protection of natural coastlines shall be incorporated into the government performance examination of coastal local governments, and where approval is granted to a sea use project that occupies natural coastlines as in violation of the provisions and the management and control objectives of the retention rate of natural coastlines are not realized, a notice of criticism shall be circulated, rectification shall be made within a prescribed time limit, and relevant responsible persons shall be held accountable according to the laws and regulations. |
Article 25 In areas where the retention rate of natural coastlines is not good enough, restricted approval of projects shall be implemented in accordance with the provisions of the law, and the acceptance and approval of additional sea use projects that occupy natural coastlines in these areas shall be suspended. |
Chapter VI Supplementary Provisions |
Article
26 These Measures shall come into force on the date of issuance. |