Chapter I General Provisions

Article 1These Regulations are formulated for the purposes of ensuring the safe operation of petroleum (including crude oil and refined oil, the same below) natural gas (including coal-bed gas, the same below) pipelines and their auxiliary installations and safeguarding public security.

Article 2These Regulations shall apply to the protection of pipelines for carrying petroleum or natural gas and their auxiliary installations (hereinafter referred to as pipeline installations) within the territory of the People's Republic of China.

These Regulations shall not apply to the protection of urban pipeline networks for carrying petroleum or natural gas and internal pipeline networks for carrying petroleum or natural gas within the areas of petrochemical enterprises.

Article 3Pipeline installations referred to in these Regulations shall include:

(1) pipelines for carrying petroleum or natural gas;

(2) anticorrosion protection installations for pipelines, including cathode protection stations, cathode protection test piles, anode ground beds and stray electrical current drain stations;

(3) hydraulic protection structures, anti-seismic installations, embankments, bridges and special culverts and tunnels for pipelines;

(4) booster stations, heating stations, metering stations, petroleum (gas) gathering stations, gas transmission stations, gas distribution stations, processing sites (stations), pigging stations, various valve chambers (wells), as well as flare installations, petroleum stores, loading and unloading jetties and yards; and

(5) marks and symbols for pipelines, and leakage detection devices in highway (railway) crossings.

Article 4Pipeline installations are significant infrastructures and shall be protected by laws. No unit or individual may disseise, destroy, steal or loot any pipeline installations.

All units and individuals have the obligation to protect pipeline installations and the petroleum or natural gas carried by pipelines. All units and individuals have the right to prohibit any disseisin, destruction, stealing or looting of pipeline installations or the petroleum or natural gas carried by pipelines and other acts jeopardizing the safety of pipeline installations, and shall report such acts to the relevant departments.

Article 5The administrative department of economy and trade of the State Council shall be responsible for the work of supervision over and administration of the protection of pipeline installations throughout the country. The departments designated by various local people's governments at or above the county level shall be responsible for exercising supervision over and administration of the protection of pipeline installations within their respective administrative areas.

Article 6Various local people's governments along the pipeline installations shall carry out publicity and education to the people along the pipeline installations with regard to the protection of the safety of pipeline installations, and shall be responsible for coordinating and resolving such matters as the temporary use of land and manpower for inspection, maintenance or rush-repair in accidents relating to pipeline installations.

Article 7Various local people's governments along the pipeline installations shall enhance the organization and leadership for the work of protection of pipeline installations, take effective measures to ensure the safety of pipeline installations, and promptly organize relevant departments to stop, investigate and deal with the disseisin, destruction, stealing or looting of pipeline installations or the petroleum or natural gas carried by pipelines and other acts jeopardizing the safety of pipeline installations occurred within their respective administrative areas.

Various local people's governments and relevant departments along the pipeline installations and their staff members shall not cover up or connive at any acts disseising, destroying, stealing or looting pipeline installations or the petroleum or natural gas carried by pipelines or other acts jeopardizing the safety of pipeline installations, and shall not obstruct or intervene in the lawful investigation into and dealing with any acts disseising, destroying, stealing or looting pipeline installations or the petroleum or natural gas carried by pipelines and other acts jeopardizing the safety of pipeline installations.

Article 8Various public security organs along the pipeline installations shall be responsible for investigating into and dealing with, according to law, cases of destroying, stealing or looting pipeline installations or the petroleum or natural gas carried by pipelines and other acts jeopardizing the safety of pipeline installations.

Article 9Relevant departments of the State and pipeline enterprises shall offer rewards to the units and individuals that have made outstanding contributions in protecting the safety of pipeline installations.

Chapter II Protection of Pipeline Installations

Article 10Pipeline enterprises shall be responsible for the safe operation of their pipeline installations and fulfill the following obligations:

(1) to design, construct, inspect and accept pipeline installations strictly according to the quality criteria of the State for pipeline installations construction;

(2) to apply insulting coatings for anticorrosion on the outer surface of pipelines and to attach cathode protection devices thereto;

(3) to erect permanent marks after pipelines have been constructed, and to take protective measures for parts of pipelines liable to be collided by vehicles and destroyed by human and livestock and to erect marks;

(4) to strictly implement technical operation rules and safety regulations and systems for pipeline transportation;

(5) to carry out regular periodical inspection and prompt maintenance for pipeline installations;

(6) to cooperate with local people's governments in carrying out publicity and education on the people along the pipeline installations with regard to the protection of the safety of pipeline installations; and

(7) to cooperate with the public security organs in doing a good work of protecting the safety of pipeline installations.

Article 11Where a pipeline installation accident occurs, the pipeline enterprise shall promptly organize rush-repairs, and no unit or individual may obstruct or interfere in rush-repair activities in any form.

Article 12Pipeline enterprises shall be responsible for the recovery and disposal of the petroleum leaked and discharged from pipelines, and no unit or individual may take it into its or his own possession.

Article 13Pipeline enterprises enjoy the right to use the lands that are used by them and legally acquired, and no unit or individual may occupy them illegally. With the consent of pipeline enterprises, local farmers may plant shallow-root crops on such acquired lands; however, if any loss of crops is caused in the course of pipeline inspection, maintenance or rush-repair in accidents, pipeline enterprises are not liable for compensation.

Article 14Pipeline enterprises may, according to needs, appoint full-time pipeline protectors or invite part-time pipeline protectors.

Article 15All units and individuals shall be prohibited from carrying out following activities jeopardizing the safety of pipeline installations:

(1) to move, dismantle or damage pipeline installations as well as marks and symbols for protecting the safety of pipeline installations;

(2) to excavate soil, to dig pond, to open trench, to construct breed aquatics fields, to discharge corrosive substances, to stack large volume of materials, to quarry, to build house or greenhouse, to rampart livestock shed or enclose, to construct other buildings or structures or to plant deep-root vegetables within the areas of five meters on both sides of the pipeline center line;

(3) to explode up, to blast mountains or to construct large-size buildings or structures within the areas of 50 meters on both sides of the pipeline center line or 50 meters beyond the areas of pipeline installations;

(4) to drive motor vehicles on patrol pavement of buried pipeline installations or to tread on ground pipeline installations or elevated pipeline installations; and

(5) other acts jeopardizing the safety of pipeline installations.

Article 16When a explosion is to be conducted within the areas of 50~500 meters on both sides of the pipeline center line, consent shall be obtained in advance from the pipeline enterprise, and the blowup can be conducted only after safety protective measures are taken.

Article 17Where a pipeline installation passes through a river, the pipeline enterprise shall, jointly with the river and water-route management units, determine the protective area for its safety in accordance with the relevant provisions of the State and shall erect marks.

Within the protective area for its safety determined according to the preceding paragraph, no port may be constructed and no anchor-dropping, anchor-towing, sand-scooping, mud-dredging, fish-exploding, under-water explosion or other under-water activities jeopardizing the safety of the pipeline installation may be allowed, with the exception of dredging-up activities for flood prevention and control, water-route opening navigation under the conditions of ensuring the safety of the pipeline installation.

Chapter III Handling of Relations between Pipeline Installations and Other Construction Projects

Article 18Pipeline enterprises shall submit the relevant documents about their pipeline installations already constructed and the programs or plans for constructing of innovating (expanding) pipeline installations to local competent planning departments. The local competent planning departments shall incorporate the plans for constructing and innovating (expanding) pipeline installations into their local overall programs.

Where the relevant documents, programs or plans specified in the preceding paragraph need to be submitted to other local competent departments according to the provisions of laws and administrative regulations, pipeline enterprises shall submit them according to law.

Article 19Where pipeline enterprises carry out maintenance and repair activities or construct protective projects for pipeline installations, the relevant units and individuals in the places where pipelines pass through shall provide necessary assistance. If the above-mentioned activities cause losses to the lawful rights and interests of the relevant units or individuals, pipeline enterprises shall make compensation thereto according to law.

Article 20With regard to the protection of pipeline installations that meet new or innovated (expanded) construction projects, the units of new or innovated (expanded) construction projects and pipeline enterprises shall solve it through consultation. If any change, removal or protective facility increase of pipeline installations is necessary due to new or innovated (expanded) construction projects, the units of new or innovated (expanded) construction projects shall bear the expenses needed thereby.

Article 21Water conservancy departments shall pay attention to protect the safety of pipeline installations when formulating the measures for preventing floods or building embankments. If a flood discharge is needed in the place where pipeline installations pass through, they shall, in time, make the volume and time of flood discharge known to pipeline enterprises.

Article 22Where pipeline installations are constructed across rivers, riverbanks or water-routes, and preventive projects for pipelines are built in rivers, the criteria for flood prevention and navigation of the State must be complied with.

Article 23A unit that carries the following activities in the protective area for the safety of pipeline installations shall notify the pipeline enterprise in advance and take corresponding protective measures:

(1) newly to construct or innovate (expand) railway, highway, bridge, trench or overhead power line;

(2) to bury underground electricity (optical) cable; or

(3) to erect safety or arrester grounding objects.

Chapter IV Legal Responsibility

Article 24Where, in violation of the provisions of these Regulations, a unit or an individual moves, dismantles or damages a pipeline installation, thus constituting a crime, it or he shall be investigated for criminal responsibility according to law. If no crime is constituted, the department designated by the local people's government at or above the county level shall order it or him to make corrections, and may impose a fine of not more than 10,000 yuan on the individual and a fine of not more than 100,000 yuan on the unit. If the act violates the provisions on public security administration, public security administrative penalties shall be imposed by the public security organ according to law.

Article 25Where, in violation of the provisions of these Regulations, a unit or an individual destroys a pipeline installation or steals or loots the petroleum or natural gas carried by pipelines, thus constituting a crime, it or he shall be investigated for criminal responsibility according to law. If no crime is constituted, the public security organ shall confiscate its or his illegal income, and shall concurrently impose a fine of not less than two times and not more than five times of the illegal income thereon where the illegal income exceeds 10,000 yuan and a fine of not more than 20,000 yuan thereon where no illegal income is obtained or the illegal income does not exceed 10,000 yuan. If the act violates the provisions on public security administration, public security administrative penalties shall be imposed by the public security organ according to law.

Article 26Where, in violation of the provisions of these Regulations, a unit or an individual explodes, blasts mountains or constructs large-size buildings or structures within the area of 50 meters on both sides of the pipeline center line or 50 meters beyond the area of the pipeline installation, thus constituting a crime, it or he shall be investigated for criminal responsibility according to law. If no crime is constituted, the department designated by the local people's government at or above the county level shall order it or him to make corrections, and shall impose a fine of not less than 10,000 yuan and not more than 100,000 yuan thereon. If the act violates the provisions on public security administration, public security administrative penalties shall be imposed by the public security organ according to law.

Article 27Where, in violation of the provisions of these Regulations, a unit newly constructs or innovates (expands) a railway, highway, bridge or trench, or erects a overhead power line, buries a underground electricity (optical) cable, or erects a safety or arrester grounding object within the protective area for the safety of a pipeline installation but fails to notify the pipeline enterprise and take corresponding protective measures, the department designated by the local people's government at or above the county level shall order it to make corrections and shall impose a fine of not less than 10,000 yuan and not more than 50,000 yuan thereon.

Article 28Where, in violation of the provisions of these Regulations, a unit or an individual obstructs or disturbs the normal inspection, maintenance or rush-repair of pipeline installations by pipeline enterprise, the department designated by the local people's government at or above the county level shall order it or him to make corrections and may impose a fine of not more than 2,000 yuan on the individual or a fine of not more than 50,000 yuan on the unit. If the act violates the provisions on public security administration, public security administrative penalties shall be imposed by the public security organ according to law.

Article 29Where, in violation of the provisions of these Regulations, a unit or an individual excavates soil, digs pond, constructs trench, constructs breed aquatics field, discharges corrosive substances, stacks large volume of materials, quarries, constructs house or greenhouse, ramparts livestock shed and enclose, constructs other buildings or structures or plants deep-root vegetables within the area of five meters on both sides of the pipeline center line, the department designated by the local people's government at or above the county level shall order it or him to make corrections, and may impose a fine of not more than 2,000 yuan on the individual and a fine of not more than 50,000 yuan on the unit.

Article 30Anyone who commits anyone of the acts listed in Articles 24 to 29 of these Regulations, thus causing the destruction or damage of a pipeline installation, shall, apart from being given administrative or criminal punishments according to law, assume responsibility for compensation according to law.

Article 31Where, in violation of the provisions of these Regulations, a pipeline enterprise fails to fulfill its obligation for the safety in operation of a pipeline installation and causes a damage to the pipeline installation, thus constituting a crime, it shall be investigated for criminal responsibility according to law. If no crime is constituted, the department designated by the local people's government at or above the county level shall order it to make corrections and shall impose a fine of not less than 20,000 yuan and not more than 100,000 yuan thereon.

Article 32Where, in collusion with others, an employee of a pipeline enterprise destroys or steals any pipeline installations or the petroleum or natural gas carried by pipelines, thus constituting a crime, he shall be investigated for criminal responsibility according to law. If no crime is constituted, he shall be given a heavier punishment according to the provisions of Article 25 of these Regulations.

Article 33Where a local people's government or relevant department fails to perform its duty to protect pipeline installations, thus failing to prevent the activities of dissesing, destroying, stealing or looting pipeline installations or the petroleum or natural gas carried by pipelines or other activities jeopardizing the safety of pipeline installations within its area for a long period of time and causing a serious consequence, the person in charge and other persons directly responsible shall, in the light of the seriousness of the circumstances, be given administrative sanctions of demerit, demotion or dismissal from their posts according to law. If a crime is constituted, they shall be investigated for criminal responsibility according to law.

Article 34Any staff member of a State organ who commits any one of the following acts, thus constituting a crime, shall be investigated for criminal responsibility according to law. If no crime is constituted, he shall be given administrative sanctions of demotion, dismissal from his post or even up to discharge from public service according to law.

(1) to cover up or connive at a disseisin, destruction, stealing or looting of pipeline installations or the petroleum or natural gas carried by pipelines or other acts jeopardizing the safety of pipeline installations;

(2) to divulge information to the party concerned that disseises, destroys, steals or loots pipeline installations or the petroleum or natural gas carried by pipelines or commits any other act jeopardizing the safety of pipeline installations and to help the latter to escape from investigation and punishment; or

(3) to obstruct or interfere in the investigation into and dealing with, by relevant departments, dissein, destruction, stealing or looting of pipeline installations or the petroleum or natural gas carried by pipelines and other acts jeopardizing the safety of pipeline installations.

Chapter V Supplementary Provisions

Article 35The protection of offshore petroleum or natural gas pipeline installations shall be governed with reference to the relevant provisions of these Regulations.

Article 36These Regulations shall be effective as of the date of promulgation. The Regulations on Protection of Petroleum and Natural Gas Pipelines promulgated on March 12, 1989 shall be repealed simultaneously.