Regulations on the Protection of Oil and Gas Pipeline
(Issued by the State Council on March 12, 1989)
Chapter 1 General
Article 1. The regulations have been formulated to ensure the normal operation of oil/gas pipelines and to insure public safety.
Article 2. The regulations apply to the state-owned onshore oil/gas transportation lines and their auxiliary facilities, including:
a. Pipelines and their corrosion protecting insulation coats, cathodic protection apparatus as well as other protective installations.
b. Pumping stations, heating stations, metering stations, gas distribution stations, disposal yards, valve rooms and oil tanks as well as their attached devices along the line.
c. Marker pegs, testing stakes, fences, guy wires and marker plates.
These regulations does not apply to urban pipe networks for delivering oil/gas, nor internal pipe networks in petrochemical enterprises.
Article 3. Protection of oil/gas lines and their necessary facilities should be based on the principle of preventive measures and the practice of combining the efforts of the specialized management with that of the masses.
Article 4. The department under the State Council responsible for energy resources is in charge of supervising and administering the safety and protection of oil/gas lines and their ancillary facilities throughout the country.
Article 5. All oil/gas pipe lines (referred to as pipe lines hereafter), their auxiliary facilities together with the oil and gas transported by them are state property and are rightly under legal protection. Neither departments nor any individuals are allowed to seize, steal, loot and damage them. All departments and individuals are duty-bound to protect the pipelines, their auxiliary facilities, and have the right to stop and report to related departments for any damaging of the pipelines and its auxiliary facilities.
Article 6. Local people's government at varied levels along the pipelines should publicize and educate among the masses regarding pipeline safety and protection, and is responsible for coordinating duties on pipelines, such as routine inspections, maintenance, temporary occupation of farm land, temporary labor hiring for fighting accident and for pipeline repair work.
Article 7. Public security organs at varied levels along the pipelines are in charge of investigating and settling, in accordance with corresponding laws, cases of damage, theft and robbery upon pipelines and their auxiliary facilities.
Chapter 2 Safety Protection
Article 8. The pipeline construction and pipeline operating enterprises (referred to as pipeline enterprises hereafter) have the responsibility of keeping the pipelines and their auxiliary facilities under their jurisdiction in safe operation. Their specific responsibilities are:
1. To cover the lines with anti-corrosion insulating coat and to install protective cathodic device on them while the lines are being laid.
2. To inform, in written form, the departments concerned on the location of the buried pipeline and to erect a permanent mark for it after the pipeline has been completed.
3. To take protection measures and erect marks for those sections of the pipeline vulnerable to collision with cars and damages by man and animal.
4. To strictly observe the technical procedures and safety rules concerning pipeline transportation.
5. To practice periodical inspections and prompt repairs on damaged pipelines and their auxiliary facilities.
6. To make prompt emergency repairs in case of pipeline leaks.
7. To help the local people's government publicizes and educates the masses along the line regarding pipeline protection and safety.
8. To help the public security departments do security work concerning the pipeline and its ancillary facilities.
Article 9. In case it is necessary for the pipeline enterprises to use land for routine inspection and repair work on the pipelines, it should be done in accordance with the prescriptions of The People's Republic of China Administration Law and move through proper channels. The pipeline enterprise, which has made this requisition, has the right to use it. No organizations or individuals should illegally seize the land. Local farmers may sow shallow-root crops provided it is approved by the enterprises. However, in case any damages are caused when the enterprises are making their rounds along the line, doing maintenance or urgent repair work, there won't be any compensation for the damage on crops.
Article 10. The pipeline enterprise may, if necessary, recruit pipeline guards among the local population for pipeline security.
Article 11. The oil that leaks or is drained from the line should be recovered and disposed by the enterprise; any units and individuals may not retain it for themselves.
Article 12. Any of the following activities, which jeopardize the safety of the pipelines and their auxiliary facilities, are banned:
a. Blastingwork, works involving explosives, setting off firecrackers and building large-sized project within 50m vicinity at both sides of the pipeline central line or their auxiliary facilities.
b. Removing earth, digging pond, extracting stone, building house, greenhouse, livestock shed and fold or any other buildings within the area of 5m at both sides of the pipeline central line.
c. Cultivating plants with long roots within 5m at both sides of the pipeline central line.
Article 13. In case it is necessary to conduct an explosion within an area of 50-500m at both sides of the pipeline central line, the approval of the pipeline enterprise must be sought for in advance and proper safety protective measures taken prior to the event.
Article 14. For any crossing with the river by the pipeline, the pipeline enterprise should consult with the river administering organization to decide jointly on a protective safety area surrounding the pipeline and set up a hallmark. Within such an area, no wharf building, anchoring, anchor hauling, sand dredging, soil removing, dam constructing, underwater explosion or any other underwater activities that could endanger the safety of the pipeline is permitted.
Article 15. For any new power lines and communication lines which will cross the pipeline pumping station, heating station, metering station, gas distributing station, disposal yard or oil tank to be constructed in the area, it is required to consult with the pipeline enterprise and to take safety protecting measures in advance.
Article 16. Labor-driven, animal-driven and motor vehicles are all prohibited to move on the inspection route above the buried pipeline. Pedestrians walking on the ground pipeline and overhead pipe or or other activities that endanger the safety of the pipeline is also prohibited.
Article 17. Any removal, destruction and demolishing of the marks and protective devices set up for the purpose of maintaining the safety of the pipelines and their auxiliary facilities is not allowed.
Chapter 3 Relations of the Pipeline to Other Related Constructions Projects
Article 18. The pipeline enterprise should inform the organization in charge of local urban and rural construction on its program and plan for building new pipelines or reconstructing old ones. The organization should enter these plans and programs into their local program.
Article 19. When the pipeline enterprise is conducting maintenance work or building protective project for the pipelines and their auxiliary facilities, the related local departments or individuals in the area where the pipelines goes through should provide necessary assistance. If any of the above-mentioned jobs causes harm to the local organizations or individuals, the pipeline enterprise will be responsible in accordance with the corresponding state regulations.
Article 20. When water conservation departments are working on flood prevention measures, attention should be paid to the safety of the pipelines. If a flood discharging event is to take place, it is necessary for the department to inform timely the pipeline enterprise of when the discharge begins and how much of water will be discharged.
Article 21. In the following cases of constructive projects, the construction units have to get the approval of the pipeline enterprise in advance and an agreement should be signed to this effect.
1. removal or change the route of the pipeline and its auxiliary facilities.
2. crossing or over passing a pipeline and its auxiliary facilities where preventive measures are needed to safeguard against any accident.
3. widening of railway highway, or water channels, where the construction may cause increase in the length or depth of the pipeline.
Article 22. When the pipeline crosses a river course and a pipeline prevention project is being planned, the pipeline enterprise should follow the regulations issued by the state concerning river course management.
Article 23. In case any of the following jobs is being planned to be carried out by an organization, an advance notice should be given to the pipeline enterprise and corresponding protective measures should be taken by the organization:
1. Building of overhead power lines or electric railways.
2. Burial of underground cables.
3. Installation of safety and lightening grounding devices.
Chapter 4 Rewards and Punishments
Article 24. Any units or individuals who have made remarkable contribution to the safety of the pipeline or its ancillary facilities can be commended and rewarded by the department responsible for energy sources or pipeline enterprise.
Article 25. Any one who has destroyed, stolen or robbed the pipeline and its auxiliary facilities or stolen the oil/gas transported in a pipeline should be punished by the public security organ in accordance with " The People's Republic of China Punishment Regulations Concerning Security Control". The judicial office will bring a suit against the accused for legal responsibility in accordance with corresponding laws.
Article 26. In case of any leak, fire or explosion occurred on a pipeline or in its auxiliary facilities owing to violation mentioned above, the related person(s) who has caused the violation shall be punished according to the corresponding state laws and rules.
Article 27. For any violation of the stipulations in Articles 12, 13, 14, 16 and 17 above, the department responsible for energy sources have the right to stop it and force the related individual or organization to dismantle those illegal constructions levy punishments. For any crime committed in these cases, the judicial office will bring suit against the accused for legal responsibility.
Article 28. If the litigant refuses to accept the administrative punishment as final, he or she may submit a request for reconsidering the decision to a higher organ within 15 days after the reception of the punishment notice. Furthermore, if he or she refuses to obey the second decision made after appeal, they may bring suit against the decision to the law court within 15 days after receiving the second punishment notice. On the expiration of the notice, further disobedience to the decision will be enforced by the People's Law Court.
Chapter 5 Supplementary Articles
Article 29. The energy resources department of the State Council may formulate by-laws on the basis of these regulations.
Article 30. Regarding any previously unknown problems in existance prior to the publication of these regulations which endanger the safety of the pipelines or their, facilities, the pipeline enterprise should, in collaboration with the organizations concerned, take necessary measures to eliminate these troubles.
Article 31. These regulations will come into force starting on the day these regulations are issued.
This document is an unofficial English translation of the Regulations on the Protection of Oil and Gas Pipeline. The law was promulgated by the State Council on, and effective from, March 12, 1989. Adjudication of these laws and regulations will be conducted according to the original Chinese text; this document should be interpreted as a basic reference only. EnergyDataBank does not make any representation regarding this documentation's legal validity.