ormation about pollution accidents among the personsconcerned;(6) other related matters.Article 21The ships that conduct official business of the competent departmentsshall have clear signs. Government functionaries or the designatedpersonnel, in carrying out official affairs, must wear official uniformsand carry identity papers.Those who are investigated shall provide facility for the aforesaid ships,government functionaries and the designated personnel, and provideaccurate information and statements about the accidents.Article 22Units and individuals that have suffered pollution damage caused byexploration and development of offshore petroleum and are to claimcompensation shall, in accordance with the stipulation of Article 32 ofthe Environmental Protection Law of the People's Republic of China and thestipulation of Article 42 of the Marine Environmental Protection Law ofthe People's Republic of China, apply for handling to the competentdepartments and claim compensation for the losses from the party that isresponsible for the pollution damage. The claimant shall submit a reporton claiming compensation for damage sustained; this report shall includethe following:(1) the time, place, scope and the objects of the pollution damage causedby the exploration and development of offshore petroleum;(2) a detailed list of the losses caused by pollution damage, includingthe names of objects, quantity, unit price, method of calculating, andsuch matters as the breeding or natural conditions;(3) an appraisal by the relevant scientific research department orendorsement by a notary office in confirmation of the damage actuallysustained;(4) the original documents of evidence of the pollution damage, thephotographs of the related circumstances and other documents and materialsof testimony relevant to the claim for compensation shall be provided ascomplete as possible.
Article 23Units and individuals (those having commercial contracts excluded) thatdemand reimbursement of the expenses for removing pollutants stemming fromthe exploration and and development of offshore petroleum shall, inapplying to the competent departments for attention to the case, submit areport of claiming reimbursement of the expenses for removal to thecompetent departments. This report shall include the following:(2) the manpower, machines and tools and vessels employed, and thequantities, the unit price and the method of calculating of the materialsused in effecting the removal;(3) the administrative expenses, transport cost, and other relevantexpenses in organizing the removal effort;(4) the results of and the situation after the removal;(5) other relevant evidence and certification papers.Article 24Where devastating pollution accidents have occurred due to force majeur,the enterprises, institutions and operators wishing to free themselvesfrom the indemnity liabilities thereof shall submit to the competentdepartments a report which must be able to testify that the damageresulting from the pollution accident falls under one of the circumstancesdescribed in Article 43 of the Marine Environmental Protection Law of thePeople's Republic of China, and that the accident remained unavoidabledespite rational measures promptly taken.Article 25In handling cases of disputes concerning liability for compensation andthe amount of compensation for the pollution damage in the exploration anddevelopment of offshore petroleum, the competent departments shall, on thebasis of investigation and finding out the facts, resort to mediation.If a party does not want mediation or does not agree to handling of thematter through mediation by the competent departments, the matter may behandled in accordance with the stipulation of Article 42 of the MarineEnvironmental Protection Law of the People's Republic of China.Article 26Where enterprises, institutions and operators violate the MarineEnvironmental Protection Law of the People's Republic of China and theseRegulations, the competent departments may order that they take remedialmeasures to rectify the situation within a given period of time, pay theremoval costs, and compensate the State for the damage; in cases ofdischarge of pollutants in excess of the standard, the payment of apollutant discharge fee may be demanded.
Article 27In cases where enterprises, institutions, operators and individualsviolate the Marine Environmental Protection Law of the People's Republicof China and these Regulations, the competent departments may punish theviolators by giving warnings or imposing fines according to theseriousness of the case.Fines fall into the following categories:(1) The maximum amount of a fine imposed on an enterprise, institution oroperator that has caused marine environmental pollution is 100,000 RMByuan.(2) The maximum amount of a fine imposed on an enterprise, institution andoperator that has contravened the relevant rules and regulations in thefollowing ways is 5,000 RMB yuan:a. not reporting a major oil-pollution accident to the competentdepartments according to stipulations;b. using oil-eliminating chemical agents not according to stipulations.(3) The maximum amount of a fine imposed on an enterprise, institution oroperator that has contravened the relevant rules and regulations in thefollowing ways is 1,000 RMB yuan:a. not having the anti-pollution record book equipped according tostipulations;b. the entries in the anti-pollution record book are irregular or false;c. not reporting to or informing the competent departments of their realsituation according to stipulations;d. obstructing the government functionaries or the designated personnelfrom performing their official duties.(4) With regard to the directly responsible persons, fines may be imposedaccording to the seriousness of the case.Article 28If a party does not agree to the penalty by the competent departments, thematter shall be handled in accordance with the stipulations of Article 41of the Marine Environmental Law of the People's Republic of China.Article 29The competent departments shall grant commendations and rewards to theunits and individuals that on their own initiative report and exposeenterprises, institutions and operators that have concealed pollutionaccidents in the exploration and development of offshore petroleum, orprovide evidence, or adopt measures to reduce the damageArticle 30arising therefrom.(1) "Stationary and mobile platforms" refers to the well drilling ships,well drilling platforms and oil extraction platforms referred to in theMarine Environmental Protection Law of the People's Republic of China, andincludes other platforms.(2) "Exploration and development of offshore petroleum" refers to suchoperational activities as exploration, development, production, storageand pipeline conveyance.(3) "Operators" refers to the entities that perform the operations ofexploration and development of offshore petroleum.
Article 31These Regulations shall go into effect as of the date of promulgation.
庫 名: 01. 國家法律法規(guī)庫(49年--94年)(全 部)