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Regulations of the People's Republic of China on Environmental Protection and Management of Offshore Oil Exploration and Development

2009-03-29View Original

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Regulations of the People's Republic of China on the Management of Environmental Protection for Offshore Oil Exploration and Development Notice of the State Council on Issuing the "Regulations of the People's Republic of China on the Prevention of Marine Pollution from Ships" and the "Regulations of the People's Republic of China on the Management of Environmental Protection for Offshore Oil Exploration and Development" issued by the State Council in 1983] No. 202 People of all provinces, cities and autonomous regions * * , all ministries and commissions of the State Council, and all agencies directly under the State Council: The Marine Environmental Protection Regulations of the People's Republic of China are now * * The two implementation regulations of "The Regulations of the People's Republic of China on the Prevention of Pollution of Sea Areas by Ships" and the Regulations of the People's Republic of China on the Management of Environmental Protection for Petroleum Exploration and Development are sent to you, please comply with them.              Regulations of the People's Republic of China on the Administration of Environmental Protection for Offshore Oil Exploration and Development of the State Council of the People's Republic of China on December 29, 1983 (December 29, 1983) Article 1 is for the implementation of the "Marine Environmental Protection Regulations of the People's Republic of China" * * 》, these regulations are specially formulated to prevent pollution and damage to the marine environment caused by offshore oil exploration and development. Article 2 These Regulations apply to enterprises, institutions, operators and individuals engaged in petroleum exploration and development in waters under the jurisdiction of the People's Republic of China, as well as the fixed and mobile platforms and other related facilities used by them. Article 3 The competent authority for environmental protection management of offshore oil exploration and development is the People’s Republic of China * * The Oceanic Administration and its dispatched agencies are hereinafter referred to as “competent departments”. Article 4 When preparing an overall development plan for an oil (gas) field, an enterprise or operator must prepare a marine environmental impact report and submit it to the Ministry of Urban and Rural Development and Environmental Protection of the People's Republic of China. The Ministry of Urban and Rural Development and Environmental Protection jointly * * Oceanographic Administration and Ministry of Petroleum Industry, in accordance with * * Organize the review and approval of regulations on environmental protection management of capital construction projects. Article 5 The marine environmental impact report shall include the following contents:: (1) Name, geographical location and scale of the oil field ; (2) The natural environment and marine resources conditions of the sea area where the oil field is located ; (3) Type, composition, quantity, and treatment methods of wastes that need to be discharged during oilfield development ; (4) Evaluation of the impact on the marine environment ; The possible impact of offshore oil development on the natural environment and marine resources of surrounding sea areas ; Possible impacts on marine fisheries, shipping, and other maritime activities ; Environmental protection measures to be taken to avoid and mitigate various harmful impacts ; (5) The ultimate inevitable impact, extent and reasons ; (6) Measures to prevent major oil pollution accidents: Prevention organization, staffing, technical equipment, communications, etc. Article 6 Enterprises, institutions, and operators should have emergency response capabilities to prevent and control oil pollution accidents, formulate emergency plans, and be equipped with oil recovery facilities and oil containment and oil dissipation equipment that are commensurate with the scale of offshore oil exploration and development they are engaged in. When equipped with chemical dispersants, their brand names and ingredients should be reported to the competent authority for approval. Article 7 Requirements for anti-fouling equipment for fixed and mobile platforms: (1) Oil-water separation equipment should be installed ; (2) The oil production platform should be equipped with oily sewage treatment equipment. The oil content of the sewage after treatment by this equipment should reach * * emission standards. (3) An oil discharge monitoring device should be installed ; (4) Residual oil and waste oil recovery facilities should be set up ; (5) Garbage crushing equipment should be installed ; (6) The above equipment should pass the inspection by the ship inspection agency of the People's Republic of China and obtain a valid certificate. Article 8 Before March 1, 1983, if the anti-pollution equipment of fixed and mobile platforms engaged in oil exploration and development in the waters under the jurisdiction of the People's Republic of China does not meet the prescribed requirements, effective measures should be taken to prevent pollution and make the anti-pollution equipment meet the prescribed requirements within three years after the promulgation of these Regulations. Article 9 Enterprises, institutions and operators should have relevant civil liability insurance or other financial guarantees for pollution damage. Article 10 Fixed and mobile platforms shall be equipped with an anti-pollution record book in a format approved by the competent authority. Article 11 Oily sewage from fixed and mobile platforms shall not be discharged directly or diluted. The oil content of sewage discharged after treatment must comply with * * Relevant oily wastewater discharge standards. Article 12 Management Requirements for Other Wastes: (1) Residual oil, waste oil, oil-based mud, oily garbage and other toxic residues must be recycled and must not be discharged or discarded into the sea ; (2) The disposal of large amounts of industrial waste shall be managed in accordance with the regulations on ocean dumping ; Scattered industrial waste shall not be discarded in fishing waters and waterways. ; (3) Domestic garbage that needs to be disposed within twelve nautical miles from the nearest land should be crushed and the particle size should be less than 25 millimeters. Article 13 Offshore oil exploration and development must be carried out in important fishery waters * * When blasting or other operations are harmful to fishery resources, effective measures should be taken to avoid the spawning, breeding and fishing seasons of major economic fish and shrimps, and the competent authorities should be reported before the operation. There should be clear signs and signals during the operation. After receiving the report, the competent department should promptly notify the relevant units of the location and time of the operation. Article 14 Offshore oil storage facilities and oil pipelines shall meet the requirements of anti-seepage, anti-leakage and anti-corrosion, and shall be inspected frequently to maintain good condition to prevent oil leakage accidents. Article 15 Marine oil testing should allow the oil and gas to be fully burned through the burner. Effective measures should be taken to deal with oil and oily mixtures that fall into the sea during oil testing and be recorded truthfully. Article 16 If enterprises, institutions and operators encounter oil spills, oil spills and other pollution accidents during operations, they should quickly take measures to contain and recover oil to control, reduce and eliminate pollution. Major oil pollution accidents such as large-scale oil spills, oil spills and blowouts should be reported immediately to the competent authorities, and effective measures should be taken to control and eliminate oil pollution, and they should be investigated and dealt with by the competent authorities. Article 17 The use of chemical dispersants must be controlled: (1) In the event of an oil pollution accident, recovery measures should be taken. For a small amount of oil that cannot be recovered, a small amount of chemical dispersants are allowed to be used. (2) The quantity of chemical dispersants (including solvents) for one-time use shall be separately specified by the competent authorities according to the conditions of different sea areas. Operators should report to the competent authority in accordance with regulations and can only use it after obtaining permission. (3) In emergency situations where a fire may occur or the safety of human life or property is seriously endangered, and recovery methods cannot be used, and the use of chemical dispersants can reduce pollution and avoid expanding the consequences of the accident, the quantity and reporting procedures of chemical dispersants are not subject to the restrictions in paragraph (2) of this article. However, after the incident, the accident and the use of chemical dispersants should be reported to the competent authority in detail. (4) Chemical dispersants approved by the competent department must be used. Article 18 The operator shall record the following situations in detail and truthfully in the platform anti-pollution record book: (1) Operation status of anti-pollution equipment and facilities ; (2) Treatment and discharge of oily wastewater ; (3) Treatment, discharge and disposal of other wastes ; (4) Oil pollution accidents such as oil spills, oil spills, and blowouts and their handling ; (5) Blasting operations ; (6) The use of chemical dispersants ; (7) Other matters specified by the competent department. Article 19 Enterprises and operators shall, within fifteen days after the end of each quarter, comprehensively report the pollution prevention situation and pollution accidents of the quarter to the competent authorities in the format approved by the competent authorities. The location of fixed platforms and mobile platforms should be notified to the competent authority in a timely manner. Article 20 Public servants or designated personnel of the competent department have the right to board fixed and mobile platforms and other relevant facilities for monitoring and inspection. include: (1) Collect various samples (2) Check the equipment, operation or use of various anti-pollution equipment, facilities and equipment ; (3) Check relevant documents and certificates ; (4) Check the anti-pollution record book and related operation records, copy and extract them if necessary, and require the person in charge of the platform to certify that the copies and extracts are correct copies ; (5) Investigate pollution accidents to relevant personnel ; (6) Other related matters Article 21 Official ships of the competent authorities should be clearly marked. Public servants or designated personnel must wear official attire when performing official duties. * * , bring your documents. The person being inspected shall provide convenience to the above-mentioned official ships, public servants and designated personnel, and truthfully provide materials and state the situation. Article 22 Units and individuals who have suffered pollution damage from offshore oil exploration and development and require compensation shall comply with the Environmental Protection Law of the People's Republic of China. * * 》Article 32 and the Marine Environmental Protection Law of the People's Republic of China * * 》Article 42, apply to the competent authority for processing and require the party that caused the pollution damage to compensate for the loss. The injured party shall submit a pollution damage claim report, which shall include the following contents:: (1) Time, location, scope and objects damaged by pollution caused by oil exploration and development ; (2) List of losses caused by pollution damage, including product name, quantity, unit price, calculation method, and breeding or natural conditions, etc. ; (3) Appraisal by relevant scientific research departments or notary agencies on the damage and visa ; (4) Provide original documents of pollution damage, photos of relevant situations, and other supporting documents and materials related to claims as much as possible. Article 23 Units and individuals (except those with commercial contracts) that need to claim pollutant removal fees due to the removal of pollutants from offshore oil exploration and development shall submit a report on requesting removal fees to the competent department when applying for processing by the competent authority. The report should include the following content: (1) Time, place and objects for removing pollutants ; (2) The quantity, unit price, and calculation method of the manpower, machinery, vessels, and removal materials invested ; (3) Management fees, transportation fees and other related expenses for organizing the cleanup ; (4) Clearance effects and circumstances ; (5) Other relevant evidence and supporting materials. Article 24 Enterprises, institutions, and operators that suffer pollution damage accidents due to force majeure and request to be exempted from liability for compensation shall submit a report to the competent department. The report should be able to confirm that the pollution damage does indeed fall under the Marine Environmental Protection Regulations of the People's Republic of China. * * "One of the situations listed in Article 43 and it cannot be avoided by taking reasonable measures in a timely manner. Article 25: Disputes over liability for compensation for pollution damage caused by offshore oil exploration and development and the amount of compensation accepted by the competent authorities may be handled through mediation based on investigation and understanding. If the parties are unwilling to mediate or are dissatisfied with the mediation process of the competent department, they may * * 》Article 42. Article 26 The competent authorities shall punish violations of the Marine Environmental Protection Law of the People's Republic of China. * * 》Enterprises, institutions, and operators that comply with these Regulations may be ordered to control the pollution within a time limit, pay for pollution elimination, and compensate * * loss ; Those who discharge pollutants exceeding the standards may be ordered to pay pollutant discharge fees. Article 27 The competent authorities shall punish violations of the Marine Environmental Protection Law of the People's Republic of China. * * "Enterprises, institutions, operators and individuals that comply with these Regulations may be given warnings or fines depending on the severity of the circumstances. Fines are divided into the following types: (1) The maximum fine imposed on enterprises, institutions, and operators that cause marine environmental pollution shall be RMB 100,000. (2) For the following illegal acts by enterprises, institutions and operators, the maximum fine is RMB 5,000: 1. Failure to report major oil pollution accidents to the competent authorities as required ; 2. Failure to use chemical dispersants as required. (3) The maximum fine for the following illegal acts by enterprises, institutions, and operators shall be RMB 1,000.: 1. Not equipped with an anti-fouling record book as required ; 2. The records in the anti-pollution record book are irregular or forged ; 3. Failure to report or notify relevant situations as required ; 4. Obstructing public officials or designees from performing official duties. (4) Individuals who are directly responsible may be fined as appropriate based on the severity of the case. Article 28 If the parties concerned are dissatisfied with the penalty decision of the competent department, they shall be punished in accordance with the Marine Environmental Protection Law of the People's Republic of China. * * 》Article 41. Article 29 The competent authorities will praise and reward units and individuals who take the initiative to report or expose enterprises, institutions, and operators who conceal oil exploration and development pollution damage accidents or provide evidence, or take measures to reduce pollution damage. Article 30 The meanings of the following terms in these Regulations are:: (1) "Fixed and mobile platforms", namely the "Marine Environmental Protection Regulations of the People's Republic of China" * * "Drillships, drilling platforms and oil production platforms referred to in "Drilling Ships, Drilling Platforms and Oil Production Platforms", and include other platforms. (2) "Offshore oil exploration and development" refers to offshore oil exploration, development, production, storage, pipeline transportation and other operational activities. (3) "Operator" refers to the entity that implements offshore oil exploration and development operations. Article 31 These Regulations shall come into effect on the date of promulgation.

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