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《海域使用管理法》word版(文件)

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【正文】 ht to the use of a sea area is altered owing to mergence into or separation from another enterprise or because of running joint ventures or cooperative businesses with others, the matter shall be subject to approval by the people39。s government at or above the county level. The parties may also directly take legal proceedings in a People39。 (2) reserved docks for official ships。s government that has the approval authority: (1) public utilities。s government at or above the county level shall strengthen supervision over and inspection of the collection of the fees for the use of sea areas. Article 38 The department in charge of marine administration shall build a stronger contingent by raising the political and professional level of the supervisors and inspectors in the administration of the use of sea areas. The said supervisors and inspectors shall enforce laws impartially, be devoted to their duties, honest and upright, provide services with civility and subject themselves to supervision in accordance with law. No department in charge of marine administration or its staff members may participate or engage in production and operation activities related to the use of sea areas. Article 39 When performing its duties of supervision and inspection, the department in charge of marine administration under the people39。 (4) instructing the party concerned to discontinue the illegal act that is being conducted. Article 40 When performing their duties of supervision and inspection, supervisors and inspectors shall show their effective papers for law enforcement. The entities and individuals concerned shall cooperate with the department in charge of marine administration when the latter conducts supervision and inspection, and none of them may prevent supervisors and inspectors from performing their duties in accordance with law, or impede their doing so. Article 41 When enforcing laws at sea, the departments concerned that exercise the power of marine supervision and administration in accordance with the provisions of laws shall closely cooperate with and support each other in and jointly safeguard the State ownership of the sea areas and the legitimate rights and interests of the owners of the right to the use of sea areas. Chapter VII Legal Liabilities Article 42 Entities or individuals that, without approval or with approval obtained through deception, illegally occupy sea areas shall be instructed to return the illegally occupied sea areas and restore them to their original state, their illegal gains shall be confiscated, and they shall also be fined not less than 5 times but not more than 15 times the fees payable for the sea areas during the period of their illegal occupation. Entities or individuals that, without approval or with approval obtained through deception, enclose or fill sea areas shall, in addition, be fined not less than 10 times but not more than 20 times the fees payable for the sea areas during the period of their illegal occupation. Article 43 Where entities that have no approval authority illegally approve the use of sea areas, or entities that have such authority but gives approval beyond their limits of authority or at variance with the marine function zoning, the approval documents are invalid and the sea areas illegally used shall be recovered. The persons directly in charge who illegally approve the use of the sea areas and the other persons directly responsible shall be given administrative sanctions in accordance with law. Article 44 Where any entity or individual, in violation of the provisions of Article 23 of this Law, interferes with or obstructs the lawful use of sea areas by the owner of the right to use of such areas, the owner of the right may appeal to the department in charge of marine administration for removal of the interference or obstruction, he may also take legal proceedings in a People39。 if he still refuses to pay the fees within the time limit, the people39。s Republic of China for less than three months, and for use of the sea areas for exclusive activities, which may have a major impact on the security of national defense, maritime traffic safety or other uses of the sea areas, formalities shall be pleted for the issuance of a provisional certificate for the use of sea areas through application of the relevant provisions of this Law mutatis mutandis. Article 53 The administrative measures for military use of the sea areas shall be formulated by the State Council and the Central Military Commission on the basis of this Law. Article 54 This Law shall go into effect as of January 1, 2002. 。s government at or above the county level within the limits of its power, except where there are already provisions in this Law that specify the penalizing authority. Article 51 Where the department in charge of marine administration under the State Council or under the people39。s government that issues the certificate of the right to the use of sea areas shall revoke the certificate and the right to the use of sea areas. Article 47 Where the provisions of the second paragraph of Article 29 of this Law are violated, the right to the use of sea areas shall be terminated, and if the original owner of the right fails to dismantle the facilities and structures for the use of the sea areas in accordance with regulations, he shall be instructed to do so within a time limit. If he refuses to do so at the expiration of the time limit, he shall be fined not more than 50, 000 yuan and the department in charge of marine administratio
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