Legal Briefing (July 2010) Chinese marine pollution laws


This Legal Briefing reviews the Regulation’s key provisions of interest to Members and provides summary translations of its key articles.

The Regulation covers discharge and reception of oil pollutants; waste dumping ; oil pollution response planning; oil spill clean-up arrangements; reporting and emergency handling of pollution incidents; investigation and compensation of pollution incidents; supervision of loading, lightening and discharging of polluting hazardous cargoes; and penalties for contravening Regulation requirements.

Pollution incidents refer to spill of oil, oily mixture and other poisonous hazardous substances from ships or out of ship-related operations. Ship-induced pollution incidents are classified according to seriousness.

The Regulation relates to actual and potential pollution damage in all sea areas under PRC jurisdiction. The MSA will enforce the Regulation and is responsible for supervising and managing the prevention and control of marine pollution by ships and relevant ship operations.

A compulsory insurance regime for all ships (except those less than 1,000 gt and not carrying oil cargoes) will cover claims arising from oil pollution damage.

The Club has issued four advisory circulars on this subject since November 2009.

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