Regulations on the Navigation Safety Management of Water and Underwater Activities of the People's Republic of China

Article 1 In order to maintain the order of water traffic, ensure the safety of ship navigation, berthing and operation, and protect the water environment, in accordance with the "Maritime Traffic Safety Law of the People's Republic of China" and "Maritime Traffic Safety Law of the People's Republic of China" and the Inland River Traffic Safety Management Regulations and other laws and regulations to formulate these regulations. Article 2 These regulations shall apply to citizens, legal persons or other organizations engaged in the following above-water and underwater activities that may affect navigation safety in the navigable waters or shorelines of the People's Republic of China and domestic rivers or in the sea areas under the jurisdiction of the state:

(1) Exploration, mining, and blasting;

(2) Construction, installation, maintenance, and dismantling of above- and underwater structures or facilities;

(3) Erection of bridges and cableways;< /p>

(4) Laying, overhauling and dismantling above-water and underwater cables or pipelines;

(5) Setting up mooring pontoons, floats, cable piles and other facilities;

(9) Conducting surveys, measurements, barges, large facilities and mobile platform towing, fishing, breeding, scientific experiments and other above-water and underwater construction activities in sea areas under national jurisdiction, as well as in port areas, anchorages, and waterways , other activities that hinder navigation safety in navigation-intensive areas;

(10) Meteorological observations, measurements, geological surveys in inland navigation waters, daily maintenance of waterways, large-scale removal of surface garbage and possible impacts Other behaviors related to traffic safety in inland navigable waters. Article 3 Navigation safety management for water and underwater activities shall follow the principles of safety first, prevention first, convenience for the masses, and management in accordance with the law. Article 4 The transportation department of the State Council is responsible for the management of navigation safety for water and underwater activities nationwide.

The national maritime administration agency, under the leadership of the transportation department of the State Council, is responsible for the supervision and management of navigation safety for water and underwater activities nationwide.

Maritime administration agencies at all levels are responsible for the supervision and management of navigation safety for water and underwater activities within their respective jurisdictions in accordance with their respective responsibilities and authorities. Article 5 The construction unit, sponsor unit or construction operator who is generally responsible for the project that engages in the above-mentioned and underwater activities in Items (1) to (9) of Article 2 of these Regulations shall comply with the provisions of the "People's Republic of China and the People's Republic of China". According to the corresponding conditions specified in the "State Maritime Administrative Licensing Conditions", apply to the maritime administration agency at the place of activity and submit the corresponding materials. Only after obtaining the "Permit for Water and Underwater Activities of the People's Republic of China" (hereinafter referred to as the "license") issued by the maritime administration agency can you carry out corresponding water and underwater activities. Article 6 If the water area for above-water and underwater activities involves more than two maritime administration agencies, the application for a license shall be submitted to the maritime administration agency with the same superior level or the maritime administration agency designated by the maritime administration agency with the same superior level. proposed by the governing body. Article 7 If it is necessary to set up a safe operating area to engage in water and underwater activities, it must be approved and announced by the maritime administration agency.

The construction unit or sponsoring unit may apply for a safe operation area when applying for a license from the maritime administration agency. Article 8 In the event of an emergency that requires repairing the waterway or dredging the waters in front of the waterway or dock, the operating unit may apply for the same and carry out the work at the same time. Article 9 The license shall indicate the name of the unit allowed to engage in water and underwater activities, ship name, time, water area, activity content, validity period and other matters. Article 10 The validity period of the license shall be determined by the maritime administration agency based on the duration of the activity and the characteristics of the water environment, and shall not exceed three years. If the construction operation cannot be completed when the license expires, the applicant shall go to the maritime administration agency to handle the extension procedures 20 days before the license expires. The maritime administration agency will endorse the extension period on the original certificate before continuing to engage in corresponding activities. Article 11 If the ship specified on the license is changed during water and underwater activities, the construction unit or sponsoring unit shall promptly go to the maritime administration agency that made the licensing decision to go through the change procedures. Before the change procedures are completed, the changed ship shall not engage in corresponding water and underwater activities.

If the units, activities, and water areas that carry out construction operations indicated on the license change, the construction unit or sponsoring unit shall reapply for a license.

Article 12 If any of the following circumstances occurs, the applicant for the license shall promptly report to the maritime administration agency that originally issued the license and go through the license cancellation procedures:

(1) Water-related projects and their facilities Suspended;

(2) Failure to start construction for more than three months;

(3) Completed ahead of schedule;

(4) Due to changes in permitted matters A new license has been applied for;

(5) The approved water and underwater activities cannot be carried out due to force majeure;

(6) It shall be canceled if required by laws and administrative regulations Other circumstances of administrative licensing. Article 13 Those who engage in the activities listed in Article 2 (10) of these regulations shall submit the operation or activity plan to the maritime administration agency for record before the activity. Article 14: Those engaging in overwater and underwater activities that require the issuance of navigation warnings and navigation notices as required by regulations must complete relevant procedures before the start of the activities. Article 15 For water-related projects that may have an impact on navigation safety that need to be approved in accordance with national regulations, before the project is approved, the transportation department shall organize a demonstration and review of the impact on navigation safety in accordance with its responsibilities, and the evaluation and review opinions shall be used as a condition for project approval.

If water and underwater activities may have a significant impact on navigation safety and the prevention and control of ship pollution during construction or activities, the construction unit or sponsor shall conduct navigation safety inspections before applying for a water and underwater activity permit from the maritime administration agency. Evaluate.