(Promulgated by Decree No. 187 of the State Council of
the People’s Republic of China, December 3rd,1995)
ARTICLE 1
The Regulations are formulated to strengthen the aids to navigation management and protection and to maintain the aids to navigation in an appropriate condition for the safe navigation of vessels.
ARTICLE 2
The Regulations are applicable to aids to navigation installed within the territory of the People’s Republic of China and other territorial waters under the jurisdiction thereof.
Aids to navigation herein refer to visual, radio and audible aids to navigation established for ship’s positioning, navigation or for other specified purposes.
ARTICLE 3
The competent administrative authorities of transport and communications under the State Council are responsible for the management and protection of all aids to navigation excluding those for military and fishing purposes. The inland waterway administrations, maritime safety administrations established by the competent administrative authorities of transport and communications under the State Council as well as the competent
administrative authorities of transport and communications under the umbrella of regional people’s governments
above the county level are responsible for the management and protection of all the aids to navigation erected under
Their respective jurisdiction excluding those for military and fishing purposes. The inland waterway administrations and maritime safety administrations established by the competent administrative authorities of transport and
Communications under the State Council and the regional competent administrative authorities of transport and communications are generally referred to as Aids to Navigation Authorities
Military administrative departments of aids to navigation or fishery harbour superintendency administrations
Shall exercise their own authority as Aids to Navigation Authorities for the management and protection of military
Or fishery aids to navigation.
ARTICLE 4
The management and protection of aids to navigation shall comply with the principles of unified management,
Shared responsibilities among different levels as well as combined protection effort by both the professional
institutes and the masses.
ARTICLE 5
All parties and individuals have a duty to protect aids to navigation.
Any act detrimental to the safety or functional efficiency of aids to navigation shall be prohibited..
All parties and individual shall have the right to ban, impeach or accuse any act that is detrimental to the safety
or functional efficiency of aids to navigation.
ARTICLE 6
Aids to navigation, except those provided for in the second paragraph of this Articles, shall be established in a
unified manner by Aids to Navigation Authorities.
Specialized units may act on their own to set up their special purpose aids to navigation. Nevertheless, any
Installation, withdrawal, relocation or any changes to the characteristics of such aids to navigation are subject to the approval of Aids to Navigation Authorities.
ARTICLE 7
Aids to Navigation Authorities or specialized units should establish aids to navigation according to relevant
national regulations and technical standards.
ARTICLE 8
Aids to Navigation Authorities shall, in a timely manner, give a notice to relevant departments on the installation,
Withdrawal or relocation of aids to navigation or any changes to their characteristics.
ARTICLE 9
Aids to Navigation Authorities or specialized units are responsible for the maintenance of their own aids to
navigation and assure that their aids to navigation are in an appropriate condition.
ARTICLE 10
Any party or individual, upon discovering any incidence of damage, malfunction, relocation or drifting of aids
to navigation, should immediately report to Aids to Navigation Authorities.
ARTICLE 11
No party or individual may, in the vicinity of aids to navigation, erect any lighting or audible devices that may be
mistaken for aids to navigation or may affect their functional efficiency.
ARTICLE 12
Relocation or withdrawal of aids to navigation that is considered as necessary for constructing operations shall be subject to the approval of Aids to Navigation Authorities. Substitute measures should to taken prior to the relocation or withdrawal. Expenses for such relocation or withdrawal of aids to navigation shall be borne by the constructing party or individual.
ARTICLE 13
No building, structure or plant that may affect the functional efficiency of aids to navigation may be constructed or grown on the sight path or direction of visual aids to navigation or transmission path or direction of radio aids to navigation.
ARTICLE 14
Navigating vessels should keep an appropriate distance away from aids to navigation as to avoid contacts or collisions.
Upon contacting or colliding with aids to navigation, the liable vessel should immediately report the case to Aids to Navigation Authorities.
ARTICLE 15
The following acts detrimental to aids to navigation shall be prohibited:
1. Stealing, plundering or illegally occupying aids to navigation or their equipment;
2. Illegally removing, climbing on or painting aids to navigation;
3. Shooting or throwing objects at aids to navigation;
4. Placing objects on or against aids to navigation; tethering livestock; or tying vessels, fishing tackle or
explosives to aids to navigation;
5. Any other acts that may cause damage to aids to navigation.
ARTICLE 16
Any act that may damage the supplementary facilities of aids to navigation shall be prohibited.
The term “Supplementary facilities” in the above paragraph refers to all facilities set up for supplies of energy, water and other materials essential for aids to navigation or their operators and maintenance personnel, including aids to navigation storage ground, helicopter platforms, landing points, wharves, pontoons, water towers, reservoirs, wells, oil (water) pump houses, power supply installations, office buildings, roads, storehouses. etc.
ARTICLE 17
The following acts that may affect the functional efficiency of aids to navigation shall be prohibited:
1. Drilling, digging, excavating, piling up materials or conducting flaming operations within 20 meters of aids to navigation or on the ground under which pipelines or cables for aids to navigation are laid;
2. Conducting explosive operations within 150 meters of aids to navigation;
3. Burning wild grass within 500 meters of aids to navigation;
4. Erecting or operating, in the vicinity of radio aids to navigation, high-frequency electromagnet radiated devices or equipment which may affect the functional efficiency of radio aids to navigation;
5. Attaching other power or communication cables to the proprietary overhead lines of aids to navigation;
6. Dropping to dragging anchors, fishing or cultivating aquatic animals or plants around aids to navigation;
7. Any other acts that may affect the functional efficiency of aids to navigation.
ARTICLE 18
Any party or individual that commits any of the following acts shall be rewarded by Aids to Navigation Authorities:
1. Impeaching or accusing an act detrimental to aids to navigation, thus contributing to the resolution of the case.
2. Timely preventing any action that would have caused damage to aids to navigation, or preventing accidents from occurring or reducing losses;
3. Salvaging drifting aids to navigation and returning them to Aids to Navigation Authorities.
ARTICLE 19
In the event that any party or individual violates the provisions in the second paragraph of Article 6 of the Regulations for installing, withdrawing or relocating their special purpose aids to navigation or changing their characteristics, Aids to Navigation Authorities shall enjoin the liable party or individual to withdraw, reinstall or rectify the aids to navigation concerned within a specified period of time.
ARTICLE 20
In the event that any party or individual takes any of the following actions, Aids to Navigation Authorities
Shall enjoin the liable party or individual to make rectification or take remedial measures within a specified period of time.
1. Erecting lighting or audible devices in the vicinity of the aids to navigation, that counters to the provisions in Article 11 of the Regulations;
2. Constructing buildings, structures or growing plants, that counters the provisions in Article 13 of the Regulation.
ATTICLE 21
In the event that a vessel does not report the case of its collision with aids to navigation, that counters to the provisions in Article 14 of the Regulations, Aids to Navigation Authorities may fine the liable vessel up to RMB20,000 in light of the circumstances. If such a collision results in any loss, compensation shall be made by the liable vessel according to law.
ARTICLE 22
In the event that any party or individual causes damage to aids to navigation or their supplementary facilities or affects the functional efficiency or aids to navigation, that counters to the provisions in Article 17 of the Regulations, Aids to Navigation Authorities shall enjoin the liable party or individual to make rectification within a specified period of time. The liable party or individual shall be given a warning and may be fined up to RMB 2,000. If such behavior results in any loss, compensation shall be made by the liable party or individual according to law.
ARTICLE 23
In the event that any party or individual causes damage to military aids to navigation or their supplementary facilities or affects the functional efficiency of military aids to navigation, that counters to the provisions of the Regulations and a fine penalty should be imposed, the military administrative departments of
Aids to navigation shall turn over the case to Aids to Navigation Authorities.
ARTICLE 24
In case that a violation of the Regulations constitutes an offense against the public security management regulations, the offender shall be punished according to the Regulations, of the People’s Republic of China on Public Security Management and Penalties, If the violation constitutes a crime, criminal responsibility shall be investigated according to law.
ARTICLE 25
The Regulations come into effect as of the date of promulgation.
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