Laws and Regulations

National Laws and Regulation

China has multiple regulations regarding the marine environment:

Marine Environment Protection Law of the People’s Republic of China 1999

This law targets marine environment protection and conservation, pollution prevention, ecological and human health protection, and economic and social sustainability (Article 1). Each individual is obliged to protect the marine environment and uncover any activity that causes marine environment degradation (Article 4). Whoever disposes pollutants into the sea must pay penalty based on the national regulation (Article 11). Additionally, any occurrence that pollutes or could potentially pollute the marine environment must be effectively acted upon, and all parties that could possibly suffer from the incident be notified  (Article 17). Exploitation of natural resources in islands and the surrounding environment must employ strict ecological protection (Article 26).  In the chapter on marine environment damage caused by dumping waste, disposing wastes on China’s territory is highly restricted. Activities permitted to dump wastes into the sea must follow time limits and certain conditions and provide detailed records of the dumping activities (Article 59 and 60). Lastly, wastes generated from incineration are prohibited from being disposed into the sea (Article 61).

Regulations of the People’s Republic of China on the Control Over Dumping Wastes into the Sea Waters 1985

This regulation, created to implement the Marine Environment Protection Law, aims to manage waste dumping into the sea, prevent pollution, achieve ecological balance, and protect marine resources (Article 1). Entities that want to dispose wastes into the sea are obliged to file an application form to the competent authority, containing information about characteristics and composition of their wastes  (Article 6). Wastes coming from other countries and intended for dumping in China are highly prohibited (Article 7). The competent authority must be notified before wastes generated from ships are allowed to enter China’s jurisdiction (Article 8). Foreign ships that intend to explore, exploit, or perform offshore activities must seek approval from the competent authority (Article 9). This regulation lists three categories of wastes. Plastic is prohibited from being dumped into the sea (Article 11). Several conditions, including time limit and provision of recording details, are imposed upon entities that are already permitted to dump wastes into the sea (Article 14). Those that do not follow the regulations and degrade the marine environment must restore the situation to its pre-damaged condition and pay penalties for damage to the environment and parties (Article 17).

Regulations on the Prevention of Pollution Damage to the Marine Environment by Land-based Pollutants

The Marine Environment Protection Law aims to strengthen management and administration of land-based pollution and protect the marine environment from land-based pollution (Article 1). Entities that intend to dispose of land-based pollutants into the sea must follow regulations (Article 5) such as notifying and registering with the environmental protection department (Article 6). A fee is imposed on those who excessively dump land-based pollutants into the sea. The polluters must take charge of pollution control and elimination (Article 7). Discharging solid waste and harmful matters along seashores and beaches must first be approved (Article 11 and 13). Several conditions such as taking prompt measures and reporting to stakeholders must be met by any organisation or individual causing marine environment degradation (Article 22). Lastly, penalties are imposed on those who violate regulations (Article 24-31).

Besides implementing regulations on marine environment protection, China has adopted several laws closely related to waste management:

Cleaner Production Promotion Law 2002

The government shall enact legislation that promotes the use of waste products that can drive recycling activities (Article 9).

Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes 2004

This law replaced the 1996 Law on Prevention of Environmental Pollution Caused by Solid Waste (The President of The People’s Republic of China, 1996). Aside from impeding environmental pollution from solid waste, the new law aims to enhance public health, ecological conditions, and sustainable development of the economy and society (Article 1). All units and individuals must be responsible for their own solid waste production by strategically collecting, storing, transporting, utilising, and disposing solid waste (Article 17). The State shall promote research on the manufacture of plastic-sheet covering and packages to foster recycling and create easily degradable commodities (Article 19). Lastly, the law strictly prohibits dumping waste in China’s territory and importing solid waste that cannot be used as raw material (Article 24 and 25).

Circular Economy Promotion Law 2008

This law defines the circular economy as activities that reduce, recycle, and recover products (Article 2). Enterprises must develop strategic management systems to cut resource consumption and waste generation to be able to raise the level of waste recycling and resource recovery (Article 9). Further, enterprises are responsible for recovering, reusing, and disposing of waste based on regulations (Article 15). The State is obliged to encourage citizens to use recycled products (Article 10) and establish buildings to facilitate waste collection and recycling (Article 41).

Environmental Protection Law 2014

This law amends the 1989 law (The President of The People’s Republic of China, 1989) and aims to protect the environment; manage pollution and public hazards; and maintain public health, ecological conditions, and economic and social sustainability (Article 1). Better protection is provided for the marine environment, involving different levels of authorities (Article 34). Issues of general solid waste management are explained in this regulation, where the State is responsible for promoting environment-friendly and recycled products to minimise waste (Article 35 and 36). On a smaller scale, local governments are urged to organise the sorting, separation, and recycling of municipal solid waste (Article 37), while the people are encouraged  to abide by environmental protection laws and regulations and actively support environmental protection measures  (Article 38). For pollution control, enterprises are exhorted to prioritise waste utilisation through waste disposal technologies to reduce pollutant generation (Article 40).  Enterprises are obliged to manage environmental pollution, including from waste (Article 41).

On 19 January 2020, the Government of China took huge steps to eliminate single use of plastic waste through a document that seeks to further strengthen the control of plastic pollution (NDRC, 2020; Waste360, 2020). China’s plastic demand is, by volume, the biggest in the world. As the global leader in polymer import market, especially polyethylene, China determines the global plastic business (Waste 360, 2020).

The document is a joint proposal of China’s National Development Reform Commission (NDRC) and the Ministry of Ecology and Environment (Waste360, 2020). In general, the document aims to prohibit production, sale, and use of certain types of plastic while encouraging degradable and recyclable plastic alternatives (Xinhua Net, 2020). The plastics in the banned category include the ultra-thin shopping bag (thickness less than 0.025 mm) and the polyethylene agricultural mulch (thickness less than 0.01 mm) (NDRC, 2020).

The regulation has three main objectives, divided into three phases: 2020, 2022, and 2025 (Table 1).