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Law of the People's Republic of China on Prevention and Control of Water Pollution - 1996

(Adopted by the Fifth Session of the Standing Committee of the Sixth National People's Congress on May 11, 1984, and amended in accordance with the Decision of the 19th Session of the Standing Committee of the Eighth National People's Congress on Amending the Law of the People's Republic of China on Prevention and Control of Water Pollution on May 15, 1996)

 

Contents

Chapter I General Provisions
Chapter II
Establishment of Standards for the Water Environment Quality and for the Discharge of Water Pollutants
Chapter III
Supervision and Management of the Prevention and Control of Water Pollution
Chapter IV
Prevention of Surface Water Pollution
Chapter V
Prevention of Ground Water Pollution
Chapter VI
Legal Responsibility
Chapter VII
Supplementary Provisions


Chapter I General Provisions

 

Article 1
For the purposes of preventing and controlling water pollution, protecting and improving the environment, safeguarding human health, ensuring the effective utilization of water resources and promoting the development of the construction of socialist modernization, this Law is enacted.

Article 2
This Law shall apply to the prevention and control of pollution of surface and ground water bodies such as rivers, lakes, canals, irrigation channels and reservoirs in the territory of the People's Republic of China.

This Law shall not apply to the prevention and control of marine pollution, which shall be governed by the other law.

Article 3
Relevant departments of the State Council and local people's governments at all levels must integrate the protection of the water environment into their respective plans, and adopt and take the ways and measures to prevent and control water pollution.

Article 4
The environmental protection departments of the people's governments at various levels shall be the organs exercising unified supervision and management over the prevention and control of water pollution.

Navigation administrative offices of the communications departments at various levels shall be the organs exercising supervision and management over pollution caused by ships.

Water conservancy administration departments, health administrative departments, geology and mining departments, municipal administration departments, and water sources protection agencies for major rivers of the people's governments at various levels shall, within their respective functions and duties, assist and co-operate with the environmental protection departments in exercising supervision and management over the prevention and control of water pollution.

Article 5
All units and persons shall have the duty to protect the water environment and the right to supervise and inform against any pollution or damage to the water environment.

Every unit or person suffering loss directly from water pollution hazard shall have the right to demand the polluter to eliminate such hazard and to make compensations for the loss.

 

 

Chapter II Establishment of Standards for the Water Environment Quality and for the Discharge of Water Pollutants

 

Article 6
The department of the State Council for environmental protection shall establish the national standards for the water environment quality.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may introduce the local standards for those not covered in the national standards, and shall report them to the department of the State Council for environmental protection for the record.

Article 7
The department of the State Council for environmental protection shall, in line with the national standards for the water environment quality and the country's economic and technological conditions, establish the national standards for the discharge of water pollutants.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may introduce the local standards for the discharge of water pollutants for those not covered in the national standards; and may introduce the more stringent local standards compatible with the national standards for those covered in the national standards. All local standards must be reported to the department of the State Council for environmental protection for the record.

Any discharge of pollutant to the water body shall be governed by the local standards for the discharge of water pollutants if such standards exist.

Article 8
The department of the State Council for environmental protection and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in line with the requirements on the prevention and control of water pollution and the country's economic and technological conditions, modify and amend in due time the standards for the water environment quality and for the discharge of water pollutants.

 

 

Chapter III Supervision and Management of the Prevention and Control of Water Pollution

 

Article 9
Relevant departments of the State Council and local people's governments at all levels shall, when developing, utilizing, regulating and allocating water resources, make overall plans and take all factors into account, maintain reasonable river flows and reasonable water levels of lakes, reservoirs and ground water bodies, and ensure the natural purification capacity of water bodies.

Article 10
The prevention and control of water pollution shall be unifiedly planned by the river basin or by the region. Plans on the prevention and control of water pollution for basins of major rivers as so decided by the State shall be formulated by the department of the State Council for environmental protection, together with such departments concerned as the competent planning department, water conservancy administration department, and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the State Council for approval.

Plans on the prevention and control of water pollution for basins of other trans-province and trans-county rivers shall be formulated, in line with the plans on the prevention and control of water pollution for basins of major rivers so decided by the State and local actual conditions, by the environmental protection departments of the people's governments at or above the provincial level, together with such departments concerned as the water conservancy administration department and the relevant local people's governments, and shall be reported to the State Council or to the people's governments at the provincial level for approval. The plans on the prevention and control of water pollution for basins of rivers involving two or more counties but only in one province shall be reported to the State Council for the record by the people's government of the province concerned.

Plans on the prevention and control of water pollution, once approved, shall serve as the cardinal basis for the prevention and control of water pollution, and any modification to such plans must be subject to approval of the original departments which had approved such plans.

Local people's governments at or above the county level shall, in accordance with the approved plans on the prevention and control of water pollution for river basins, organize to formulate plans on the prevention and control of water pollution for their respective administrative jurisdictions, and shall integrate such plans into the long-term, medium-term and annual plans for the national economic and social development for their respective administrative jurisdictions.

Article 11
Relevant departments of the State Council and local people's governments at various levels shall make rational plans for the layout of industries, carry out rectification and technological renovation on those enterprises causing water pollution, adopt comprehensive prevention and control measures, improve the rate of water reuse, utilize resources rationally and reduce the discharge of waste water and pollutants.

Article 12
The people's governments at or above the county level may designate and declare protective zones for water bodies in scenic and historic sites, major fishery water bodies and other water bodies of special economic and cultural values, and take measures to ensure the water quality in such protective zones complying with water quality standards for the prescribed purposes of utilization.

Article 13
New construction, expansion or reconstruction projects which directly or indirectly discharge pollutants to water bodies and other facilities on water must comply with the relevant regulations of the State on the environmental protection for such projects.

The environmental impact statement of a construction project shall make an assessment on water pollution the project is likely to cause and its impact on the ecosystem, specify the prevention and control measures therefor, and be submitted, according to the specified procedures, to the competent environmental protection department for examination and approval. The setting up of sewage outlets within a water conservancy project such as canal, irrigation channel or reservoir shall be approved by the relevant department in charge of the water conservancy project.

The facilities for the prevention and control of water pollution of any construction project must be designed, constructed and put into use and operation simultaneously with the main project. Such facilities must be inspected by the environmental protection department. If they do not conform to the specified requirements, the said construction project may not be permitted to be put into operation or use.

An environmental impact statement shall contain comments and opinions from those units and residents in the place where the construction project is located.

Article 14
An enterprise or institution directly or indirectly discharging pollutants to the water body shall, pursuant to the regulations of the department of the State Council for environmental protection, report to and register with the local environmental protection department its existing pollutant discharging and treatment facilities, and the category, volume and concentration of pollutants to be discharged under normal operating conditions, and also provide the same department relevant technical information concerning the prevention and control of water pollution.

Any substantial change in the category, volume or concentration of the pollutants discharged by the pollutant discharging unit referred to in the preceding paragraph shall be reported without delay; its existing treatment facilities for water pollutants must be maintained to operate normally; if any water pollutant treatment facilities is to be dismantled or left idle, it must be reported to the local environmental protection department of the local people's government at or above the county level in advance for approval.

Article 15
An enterprise or institution discharging pollutants to a water body, shall pay a pollutant discharge fee in accordance with the State's regulations; and shall pay a fee for excessive discharge according to the State's regulations if the discharge of pollutants exceeds the limits set out by the national or local standards for pollutant discharge.

Such fees for pollutant discharge and for excessive discharge must be used for the prevention and control of water pollution and may not be appropriated for any other use.

An enterprise or institution which discharges pollutants in excess of the set standards must work out plans to carry out treatment, and shall report such plans to the environmental protection department of the local people's government at or above the county level in the place where the enterprise or institution is located for the record.

Article 16
The people's governments at or above the provincial level may adopt a volume control system on the discharge of major pollutants for those water bodies which still fail to meet the standards for the water environment quality provided for by the State although the discharge of water pollutants has been kept under the discharge standards, and implement a verification system on the volume of such major pollutants to be discharged by enterprises with the responsibility of reducing their discharge. Concrete measures thereon shall be laid down by the State Council.

Article 17
The department of the State Council for environmental protection may, together with the administration department of the State Council for water conservancy and the related provincial people's governments and pursuant to the utilization functions determined by the State Council for water bodies of major river basins as well as the economic and technological conditions of related regions, establish the quality standards of water environment applicable to water bodies at the provincial demarcations of such major river basins, and such standards shall be implemented after being reported to and approved by the State Council.

Article 18
Water resources protection agencies for major river basins determined by the State Council shall be responsible for monitoring the quality conditions of water environment at the provincial demarcations of such river basins they are respectively in charge of, and shall promptly report the monitoring findings to the department of the State Council for environmental protection and the administration department of the State Council for water conservancy; and shall also promptly report such monitoring findings to the leading organizations of water resources protection for the river basins if there are such organizations approved by the State Council.

Article 19
Urban sewage shall be centrally treated.

Relevant departments of the State Council and local people's governments at all levels must integrate urban water sources protection and the prevention and control of urban water pollution into their respective municipal construction plans, construct and improve urban drainage systems, construct central treatment facilities for urban sewage in a planned manner, and strengthen the comprehensive treatment and control of urban water environment.

Central treatment facilities of urban sewage shall provide paid services on sewage treatment for those discharging sewage according to the State's regulations, and collect a sewage treatment fee so as to ensure their normal operation. Those who discharge sewage to the central treatment facilities and pay a fee for sewage treatment would no longer pay the pollutant discharge fee. Sewage treatment fees collected must be used for the construction and operation of the central treatment facilities of urban sewage and may not be appropriated for any other use.

Concrete measures governing the fee collection, management and utilization of the central treatment facilities of urban sewage shall be laid down by the State Council.

Article 20
The people's governments at or above the provincial level may designate and declare surface sources protective zones for domestic and drinking water according to law. Such protective zones shall be divided into the first-grade protective zones and protective zones of other grades. A certain first-grade water area and land protective zones may be designated and declared nearby the intakes of domestic and drinking surface water sources. A certain water area and land may be designated and declared as protective zones of other grades beyond the first-grade protective zones. All protective zones shall be divided by clear geographic demarcations.

It shall be forbidden to discharge sewage to water bodies within the first-grade surface sources protective zones for domestic and drinking water.

It shall be forbidden to travel, swim or carry out other activities within the first-grade surface sources protective zones for domestic and drinking water that are likely to cause pollution to the water body.

It shall be forbidden to construct or expand any construction project irrelevant to the supply of water and the protection of water sources within the first-grade surface sources protective zones for domestic and drinking water.

As for pollutant discharge outlets already established in the first-grade surface sources protective zones for domestic and drinking water, the local people's governments at or above the county level shall, pursuant to the limits of power authorized by the State Council, order them to dismantle or treat within a given period of time.

The protection over ground sources for domestic and drinking water shall be strengthened.

Concrete measures governing the protection of domestic and drinking water sources shall be laid down by the State Council.

Article 21
Under such emergency circumstances as severe pollution of the domestic and drinking water source which threatens the safe supply of water, the environmental protection department shall, after reporting to and approval by the people's government of the same level, take compulsory emergency measures, including ordering the enterprises or institutions concerned to reduce or stop the discharge of pollutants.

Article 22
Enterprises shall adopt such clean production techniques of high utilization efficiency of raw materials and low volume of pollutant discharge, and shall improve the management to reduce the water pollutants.

The State shall adopt an elimination system on obsolete production techniques and equipment which seriously pollute the water environment.

The competent comprehensive department of the State Council for economy shall, together with departments concerned of the State Council, publish the catalogue for techniques which seriously pollute the water environment and shall be forbidden to be used within the time limit, as well as the catalogue of equipment which seriously pollute the water environment and shall be forbidden to be manufactured, sold, imported or used within the time limit.

All manufacturers, sellers, importers or users must stop manufacturing, selling, importing or using those equipment listed in the catalogue referred to in the preceding paragraph within the period of time provided for by the competent comprehensive department of the State Council for economy together with departments concerned of the State Council. All users of production technique listed in the catalogue referred to in the preceding paragraph must stop using such production technique within the period of time provided for by the competent comprehensive department of the State Council for economy together with departments concerned of the State Council.

Any equipment that has been eliminated according to the provisions of the preceding two paragraphs may not be transferred for use to others.

Article 23
The State shall forbid any new construction of small-size enterprises without measures on the prevention and control of water pollution such as in chemical pulp, printing and dyeing, dyestuff, leather-making, electroplating, oil refining and farm chemicals, which are likely to pollute severely the water environment.

Article 24
Any pollutant discharging unit which causes serious pollution to the water body shall be ordered to carry out treatment within a set period of time.

An order for rectification and treatment on the enterprise or institution under the direct administration of the Central Government or the people's government of province, autonomous region or municipality directly under the Central Government shall be proposed by the environmental protection department of the people's government of province, autonomous region or municipality directly under the Central Government, and be reported to the people's government of the same level for a decision. An order for rectification and treatment on the enterprise or institution under the administration of the people's government at or below the county or city level shall be proposed by the environmental protection department of the city or county people's government, and be reported to the people's government of the same level for a decision. The pollutant discharging unit shall complete the rectification and treatment task as scheduled.

Article 25
Environmental protection departments and supervision and management departments concerned of the people's governments at all levels shall have the power to carry out on-site inspections over pollutant discharging units under their respective jurisdiction, and the unit being inspected must report the situation truthfully and provide necessary information. The inspecting authorities shall have the obligation to keep confidential technology secrets and business secrets of the unit being inspected.

Article 26
Any dispute concerning water pollution involving two or more administrative jurisdictions shall be consulted to a settlement by the local people's governments concerned, or be mediated to a settlement by the people's government of their common higher level.

 

 

Chapter IV Prevention of Surface Water Pollution

 

Article 27
No new sewage outlet may be established in the protective zones for domestic and drinking water sources, water bodies at scenic or historic sites, important fishery water bodies and other water bodies of special economic and cultural value. If a new sewage outlet is to be set up in the vicinity of such protective zones, it must be guaranteed that the water bodies within such protective zones are free from any pollution.

Treatment shall be carried out over any sewage outlet which has already been established prior to the promulgation of this Law and which discharges pollutants in excess of the limits set by the national or local standards. Any outlet that endangers drinking water sources shall be relocated.

Article 28
If a pollutant discharging unit, as a result of an accident or any other emergency event, discharges pollutants in excess of normal volume, thereby actually or possibly causing a water pollution accident, the said unit must, without delay, take emergency measures, inform those units that are likely to suffer the hazard or damage from the water pollution, and report the matter to the local environmental protection department. A ship-related pollution accident shall be reported to the nearest navigation administration office for investigation and disposal.

Whoever causes a pollution accident to fishery shall accept the investigation and disposal from the fishery administration and supervision department.

Article 29
It shall be forbidden to discharge any oil, acid or alkaline solutions, or deadly toxic liquid waste to any water body.

Article 30
It shall be forbidden to wash and clean in any water body any vehicle or container which has been used for storing oil or toxic pollutant.

Article 31
It shall be forbidden to discharge or dump to any water body or directly bury such deadly soluble toxic slag as mercury, cadmium, arsenic, chromium, lead, cyanide and yellow phosphorus.

Waterproof, anti-seepage and leak-proof measures must be taken for the sites for depositing deadly soluble toxic slag.

Article 32
It shall be forbidden to discharge or dump industrial waste residues, urban refuse or other wastes to any water body.

Article 33
It shall be forbidden to pile or deposit solid wastes and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, canals, irrigation channels and reservoirs.

Article 34
It shall be forbidden to discharge or dump radioactive solid wastes or waste water containing any high- or medium- level radioactive substances to any water body.

Any discharge of waste water containing low-level radioactive substances to the water body must comply with the relevant regulations and standards of the State on radioactive protection.

Article 35
Where heated waste water is discharged to any water body, measures shall be taken to guarantee that the temperature of the water body conforms to the standards for the water environment quality so as to prevent any heat pollution hazard.

Article 36
Pathogen-contaminated sewage must be treated and disinfected; and can be discharged only after relevant standards of the State are met.

Article 37
If industrial waste water or urban sewage is to be discharged to farmland irrigation channels, it shall ensure that the water quality at the nearest irrigation downstream intake conforms to the standards for the farmland irrigation water quality.

When industrial waste water or urban sewage is used for irrigation, any pollution to the soil, ground water or agricultural products shall be prevented.

Article 38
The application of pesticides shall comply with the regulations and standards of the State on the safe use of pesticides.

Transportation and storage of pesticides and the disposal of expired or ineffective pesticides shall be strictly controlled to prevent the occurrence of water pollution.

Article 39
The agriculture administrative departments and other departments concerned of local people's governments at or above the county level shall take measures to guide farmers to apply fertilizers and pesticides in a scientific and rational manner, to control their excessive use and to prevent the occurrence of water pollution.

Article 40
The discharge of oil-bearing waste water or domestic sewage from ships shall comply with ship pollutant discharge standards. Ocean-going ships entering inland rivers or harbors shall observe pollutant discharge standards for inland river ships.

Residual oils or waste oils of ships must be recovered, and shall be forbidden to be discharged to any water body.

It shall be forbidden to dump refuse from ship to any water body.

Measures must be taken against any spillage or leakage from ships loaded with oils or toxic cargoes, and against such cargoes from falling into the water so as to prevent water pollution.

 

 

Chapter V Prevention of Ground Water Pollution

 

Article 41
Enterprises and institutions shall be forbidden to discharge or dump waste water containing toxic pollutants or pathogens or other wastes by seepage wells or pits, crevices or karst caves.

Article 42
At places where no satisfactory impervious strata exist, enterprises and institutions shall be forbidden from using ditches, pits or ponds not having measures against seepage for conveyance or storage of waste water containing toxic pollutants or pathogens, or of other wastes.

Article 43
In exploiting ground water from multiple aquifers, layered exploitation shall be resorted to if the water quality differs greatly from one aquifer to another. No combined exploitation of phreatic water and artesian water already polluted may be permitted.

Article 44
While constructing underground engineering facilities or carrying out underground prospecting and mining activities, protective measures shall be taken to prevent ground water pollution.

Article 45
Artificial recharge for ground water may not deteriorate the quality of ground water.

 

 

Chapter VI Legal Responsibility

 

Article 46
Any one who, in violation of the provisions of this Law, has any of the following acts, may be warned or fined, in light of the circumstance of the case, by the environmental protection department or by the navigation administrative office of the communications department:

1. refusing to report or making a false report on the discharge of pollutants for which reporting and registration are required by the department of the State Council for environmental protection;

2. refusing an on-site inspection of the environmental protection department or of supervision and management department concerned, or resorting to deception;

3. storing, piling, abandoning, dumping or discharging any pollutant or waste in violation of relevant provisions of Chapters IV and V of this Law; or

4. failing to pay, as provided for by the State, the fee for pollutant discharge or for excess discharge.

The amount and measures on the fine shall be set out by the detailed rules for the implementation of this Law.

Article 47
If any one, in violation of the provisions of Paragraph 3 of Article 13 of this Law, puts into operation or use a construction project whose water pollution prevention and control facilities either have not been completed or fail to meet the requirements laid down by the State, the environmental protection department which had approved the environmental impact statement of the said project shall order a suspension of operation or use, and may impose a fine thereon concurrently.

Article 48
If any pollutant discharging unit, in violation of the provisions of Paragraph 2 of Article 14 of this Law, willfully and knowingly does not use the water pollutant treatment facilities in a normal manner, or dismantles or lays idle such facilities without approval of the environmental protection department and discharges pollutants in excess of the standards, the environmental protection department of the local people's government at or above the county level shall order the unit to restore the normal use or to re-install and use the facilities within a prescribed time, and shall impose a fine thereon concurrently.

Article 49
Where any one, in violation of the provisions of Paragraph 4 of Article 20 of this Law, constructs or expands a construction project irrelevant to water supply facilities and the protection of water sources within the first-grade protective zone of domestic and drinking surface water source, the people's government at or above the county level in the place where such a project is located shall, within its spheres of competence as provided for by the State Council, order the project to stop or to close.

Article 50
If any one, in violation of the provisions of Article 22 of this Law, manufactures, sells, imports or uses equipment which is prohibited from being manufactured, sold, imported or used, or adopts production technique which is forbidden to be used, the competent comprehensive economic department of the people's government at or above the county level shall order the violator concerned to bring such violation to an end; if the circumstance is serious, the competent comprehensive economic department of the people's government at or above the county level shall make a proposal and report it to the people's government of the same level which shall, within its spheres of competence as provided for by the State Council, order the violator to suspend operations or to close down.

Article 51
If any one, in violation of the provisions of Article 23 of this Law, constructs a small-size enterprise not having water pollution prevention and control measures, and causes severe pollution to the water environment, the city or county people's government in the place where it is located or the people's government at the higher level shall order the violator to close it.

Article 52
An enterprise or institution which has caused severe pollution to a water body but has failed to accomplish the task in eliminating such pollution by the deadline as required shall pay twice or more the fee for excess discharge as provided for by the State, and may be imposed a fine or ordered to suspend operations or close down in the light of consequent damage and loss caused therefrom.

The fine shall be decided by the environmental protection department. The order for the suspension of operations or the shutdown of the enterprise or the institution shall be issued by the local people's government which sets the deadline for the elimination of the pollution; The order for the suspension of operations or shutdown of the enterprise or the institution under direct administration of the Central Government shall be reported to and approved by the State Council.

Article 53
If a pollutant discharging unit, in violation of the provisions of this Law, causes a water pollution accident, the environmental protection department of the people's government at or above the county level in the place where the accident occurred shall, according to the hazard and loss caused therefrom, impose a fine thereon.

If a fishery pollution accident or water pollution accident arising from a ship has occurred, the fishery supervision and management department or the navigation administrative office of the communications department in the place where such an accident occurred shall impose a fine thereon according to the hazard and loss caused therefrom.

If a water pollution accident caused is rather serious, the unit to which the person(s) held responsible belongs or the competent department at the higher level shall give an administrative penalty to the person(s) being responsible for such an accident.

Article 54
Any party concerned who disagrees with the decision of an administrative penalty may, within 15 days following receipt of the notification, bring the matter before the people's court; if the party, upon the expiration of the period, neither brings the matter nor complies with the decision, the organ which has made the penalty decision may apply to the people's court for compulsory enforcement.

Article 55
An unit causing a water pollution hazard shall have the responsibility to eliminate such hazard, and make compensation to those units or persons that suffer direct losses therefrom.

Any dispute in respect to the responsibility to make compensation or the amount of compensation may, at the request of the parties, be settled by the environmental protection department or by the navigation administrative office of the communications department; if a party concerned disagrees with the settlement decision, the party may bring the matter before the people's court. Any party concerned may also bring the matter before the people's court directly.

If the loss from a water pollution is caused by a third party intentionally or negligently, the third party shall be liable for.

If the loss from a water pollution is caused due to the victim's own fault, the pollutant discharging unit shall not be liable for.

Article 56
If the loss from a water pollution is caused entirely by irresistible natural disasters which still could not be averted even after reasonable measures have been promptly taken, the party concerned shall be exempted from liability.

Article 57
If any one, in violation of the provisions of this Law, gives rise to a serious water pollution accident which causes any grave consequence of heavy loss to public or private properties or serious injury to or death of the person, the persons responsible may be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 115 or 187 of the Criminal Law.

Article 58
If any supervisor or administrator from the environmental protection department or any other functionary of the State abuses his or her power, neglects his or her duties or practices favoritism for personal gains, the unit to which he or she belongs or the competent higher department shall give an administrative penalty thereto; if a crime is constituted, criminal responsibility shall be investigated according to law.

 

 

Chapter VII Supplementary Provisions

 

Article 59
The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government shall, with the reference to the principles laid down in this Law, formulate control measures on the discharge of pollutants by private industrial and commercial households if pollution therefrom is serious.

Article 60
Definitions of the following terms in this Law are as follows:

1. `` Water pollution'' means a phenomenon in which the introduction of any substance to a water body alters the chemical, physical, biological or radioactive properties of the water body, and consequently affects the effective use of water, endangers human health or damages the ecosystem, and causes the deterioration of the water quality.

2. ``Pollutant'' means any substance that is capable of causing water pollution.

3. ``Toxic pollutant'' means those pollutants that, when ingested by organisms directly or indirectly, leads to diseases, abnormal behaviors, genetic mutation, physiological functional disturbance, organism deformity or death of the organisms themselves or their offspring.

4. ``Oil'' means any kind of oils or its refined products.

5. ``Fishery water body'' means any part of water bodies designated for the spawning, feeding, wintering or migratory passage of fish or shrimp, and for breeding fish, shrimp or shellfish or growing algae.

Article 61
The environmental protection department of the State Council shall, in accordance with this Law, formulate the detailed rules for the implementation of this Law, which shall be implemented after approval of the State Council.

Article 62
This Law shall enter into force on November 1, 1984.