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海域使用管理法word版(存儲(chǔ)版)

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【正文】 nt 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 administration under 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. 。 (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。s government that has the approval authority: (1) public utilities。s government at or above the county level. The parties may also directly take legal proceedings in a People39。 (4) 30 years for the salt and mining industries。s governments of provinces, autonomous regions and municipalities directly under the Central Government. Chapter IV Right to the Use of Sea Areas Article 19 Where the use of a sea area is approved by the State Council after the application for its use is approved in accordance with law, it shall be registered with the department in charge of marine administration under the State Council, which shall issue to the applicant the certificate of the right to the use of sea areas。 and (4) other written materials specified by laws and regulations. Article 17 The department in charge of marine administration under the people39。 (4) ensuring the maritime traffic safety。s Republic of China, conduct supervision over marine fishery. The maritime administration authority shall exercise supervision over maritime traffic safety in accordance with the Maritime Traffic Safety Law of the People39。Law of the People39。s governments at or above the county level shall, as authorized, be responsible for supervision over the use of the sea areas adjacent to their administrative regions respectively. The department in charge of marine administration shall, in accordance with the Fisheries Law of the People39。 (3) protecting and improving the ecological environment, ensuring the sustainable utilization of the sea areas and promoting the development of the marine economy。 (3) relevant credit certifying papers。 and (5) other
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