【Summary】

On June 14th, 2018, due to the expiration of the commercial aquaculture operations certificate of Qi XX, the Sheyang County Ocean and Fishery Bureau issued a cancellation of such certificate in accordance with regulations. However, Qi XX failed to comply with such regulations as he failed to dismantle his commercial aquaculture operations structures in accordance with the regulations upon the termination of his certificate.The Natural Resources and Planning Bureau of Sheyang County successively issued the “Notice of Order to Cease Illegal Behaviors”, “Administrative Decision Letter”, and “Request for Implementation of Administrative Decision”,requiring Qi XX to dismantle his seafaring facilities and structures within a set period of time. Qi XX however, still refused to comply within the allotted time given under this order, leading the Natural Resources and Planning Bureau of Sheyang County to issue the “Decision on Administrative Enforcement” and “Decision on Actual Performance”, and entrusted a third party to carry out the demolition. Subsequently, the Natural Resources and Planning Bureau of Sheyang County made the “Decision on Purchasing Payment of Dismantling Fees”, requiring Qi to pay 190,816 yuan for the compulsory demolition expenses performed by a third party given his inaction. Qi XX filed an administrative lawsuit with Nanjing Maritime Court, requesting a revocation of this order.

【Judgment】

During the trial, the NMC held that the Natural Resources and Planning Bureau of Sheyang County indeed possessed the jurisdiction for the supervision and management of the maritime administration area in the issue at hand. The Sheyang County Natural Resources and Planning Bureau enforced the demolition of the commercial aquaculture operations facilities by entrusting a third party to perform the demolitions on its behalf, which complied with the relevant provisions of the Sea Area Use Management Law and the Administrative Compulsory Law.The decision made by the Natural Resources and Planning Bureau of Sheyang County on the recovery of the performance fee is clear: The procedure is legal, and the application of the law was correct. Qi XX’s claim lacks factual and legal basis, so the court proceeded to dismiss his claim in accordance with the law. Qi XX would subsequently file an appeal on this decision, to which the Jiangsu High People's Court upon further review, continued to uphold the original judgment of the NMC.

【Significance】

Harmonious coexistence between man and nature is a fundamental pillar of modern Chinese science. Illegal occupation of the sea, sea reclamation, and excavation not only causes catastrophic damage to the marine environment but also poses hidden dangers to the sustainable development of marine ecology. The sea area involved in this case is located within the buffer zone of Sheyang County, Yancheng Wetland Rare Birds National Nature Reserve. The original owner of the certificate of the right to use the sea area still illegally occupied the area after the termination of such right, which not only violates the provisions of the Law on the Administration of Sea Area Use but also has a greater impact on the restoration of coastal wetlands and the protection of marine natural resources. Maritime justice and maritime administrative law enforcement are important forces in the protection of the marine ecological environment. In this case, Nanjing Maritime Court rejected the certification holder’s request for the administrative agency to revoke the decision to recover the payment of the demolition fee and perform the marine environmental protection duties for the administrative agency in accordance with the law. It provides strong judicial support, realizes the effective connection between maritime justice and maritime administrative law enforcement, and improves the effectiveness of marine environmental ecological protection.

[Case No.] (2021) Su72Xingchu No.17, (2022) Su Xingchu No.802