Article 1 These Regulations are formulated for the purpose of ensuring the safe operation of petroleum (including crude oil and refined oil, the same below) and natural gas (including coal bed methane, the same below) pipelines and their affiliated facilities, and maintaining public safety.
Article 2 These Regulations shall apply to the protection of pipelines transporting oil and natural gas and their ancillary facilities (hereinafter referred to as pipeline facilities) within the territory of the People's Republic of China.
These Regulations shall not apply to the protection of urban pipe networks transporting petroleum and natural gas and the internal pipe networks of petrochemical enterprises.
Article 3 The term "pipeline facilities" as mentioned in these Regulations includes:
(1) Pipelines for transporting oil or natural gas;
(2) Pipeline anti-corrosion protection facilities, including cathodic protection station, cathodic protection test pile, anode ground bed and stray current drainage station;
(3) Pipeline hydraulic protection structures, seismic facilities, pipe levees, pipe Bridges and special culverts and tunnels for pipelines;
(4) pressure station, heating station, metering station, oil collection (gas) station, gas transmission station, gas distribution station, treatment yard (station), pigging station, all kinds of valve chambers (Wells) and emptying facilities, oil depot, loading and unloading rack and unloading yard;
(5) Pipeline marking, marking and crossing public (railway) road leak detection device.
Article 4 Pipeline facilities are important infrastructure facilities and are protected by law. No unit or individual may seize, destroy, steal or loot them.
All units and individuals have the obligation to protect pipeline facilities and the oil and natural gas transported by pipelines. Any unit or individual shall have the right to stop and report to the relevant departments any act of encroaching, destroying, stealing or robbing pipeline facilities, oil and natural gas transported through pipelines or any other act endangering the safety of pipeline facilities.
Article 5 The administrative department of economy and trade under The State Council shall be responsible for the supervision and administration of the protection of pipeline facilities throughout the country; The departments designated by the local people's governments at or above the county level shall be responsible for the supervision and administration of the protection of pipeline facilities within their respective administrative areas.
Article 6 The local people's governments at all levels along the pipeline facilities shall conduct publicity and education on the safety protection of pipeline facilities among the masses along the pipeline facilities, and be responsible for coordinating the settlement of the temporary land use, employment and other matters related to the inspection, maintenance and emergency repair of pipeline facilities.
Article 7 The local people's governments at all levels along the pipeline facilities shall strengthen the organization and leadership of the protection of pipeline facilities, take effective measures to ensure the safety of pipeline facilities, and promptly organize the relevant departments to stop and investigate and punish the encroachment, destruction, theft, looting of pipeline facilities and the oil and natural gas transported through pipelines as well as other acts endangering the safety of pipeline facilities within their respective administrative areas.
The local people's governments at all levels along the pipeline facilities, the relevant departments and their personnel shall not shelter or connive at any act of occupying, damaging, stealing or robbing the pipeline facilities, the oil and natural gas transported by the pipeline or any other act endangering the safety of the pipeline facilities. No one shall obstruct or interfere with the investigation and punishment of acts of encroachment, destruction, theft, or looting of pipeline facilities, oil and natural gas transported through pipelines or other acts endangering the safety of pipeline facilities according to law.
Article 8 The public security organs at all levels along the pipeline facilities shall be responsible for investigating and handling according to law the cases of damaging, stealing, robbing pipeline facilities and the oil and natural gas transported through pipelines, as well as other cases endangering the safety of pipeline facilities.
Article 9 The relevant departments of the State and pipeline enterprises shall award units and individuals that have made outstanding contributions to the safety of pipeline facilities.
Chapter II Protection of pipeline facilities
Article 10 Pipeline enterprises shall be responsible for the safe operation of their pipeline facilities and perform the following obligations:
(A) in strict accordance with the national pipeline facilities construction quality standards design, construction and acceptance;
(2) Apply anti-corrosion insulation layer to the pipeline, and add cathodic protection devices;
(3) After the completion of the pipeline, permanent signs shall be set up, and protective measures shall be taken and signs shall be set up for local pipelines that are vulnerable to vehicle collision and damage by humans and animals;
(D) strictly implement the pipeline transport technical operating rules and safety rules and regulations;
(5) Regular inspection of pipeline facilities, timely maintenance;
(6) Cooperate with the local people's government to carry out publicity and education on the safety protection of pipeline facilities to the masses along the pipeline facilities;
(7) Cooperate with public security organs to ensure the safety and security of pipeline facilities.
Article 11 When an accident occurs in pipeline facilities, pipeline enterprises shall promptly organize emergency repair, and no unit or individual may obstruct or hinder the emergency repair work by any means.
Article 12 The oil leaked or discharged from pipelines shall be recovered and disposed of by the pipeline enterprises, and no unit or individual may take it as his own.
Article 13 Pipeline enterprises shall enjoy the right to the use of the land requisitioned according to law, and no unit or individual may illegally occupy it. Local farmers, after obtaining the consent of the pipeline enterprise, may plant shallow root crops within the scope of land requisition, but the pipeline enterprise shall not compensate for the loss of crops caused in the process of pipeline inspection, maintenance and emergency repair.
Article 14 A pipeline enterprise may, as required, assign full-time line guards or employ part-time line guards.
Article 15 Any unit or individual is prohibited from engaging in the following activities that endanger the safety of pipeline facilities:
(1) Moving, removing or damaging pipeline facilities, as well as signs and marks set up to protect the safety of pipeline facilities;
(2) Collecting soil, digging ponds, repairing canals, building aquaculture farms, discharging corrosive substances, piling up bulk materials, quarrying stones, building houses, greenhouses, livestock sheds, constructing other buildings and structures, or planting deep-rooted plants within 5 meters on each side of the Central Line of the pipeline;
(3) Blasting, excavating mountains and constructing large buildings and structures on both sides of the Central Line of the pipeline or within a range of 50 meters outside the site of the pipeline facilities;
(4) Driving motor vehicles on the inspection road above the buried pipeline facilities or walking on the ground pipeline facilities or overhead pipeline facilities;
(5) Other acts endangering the safety of pipeline facilities.
Article 16 Where blasting is carried out within the range of 50 meters to 500 meters on both sides of the center line of the pipeline, the consent of the pipeline enterprise shall be obtained in advance, and the blasting can only be carried out after taking safety protection measures.
Article 17 For pipeline facilities crossing a river, the scope of safety protection shall be determined by the pipeline enterprises and the management units of river courses and waterway in accordance with the relevant provisions of the State, and signs shall be set up.
Within the scope of safety protection determined in accordance with the preceding paragraph, except for dredging operations for flood control and navigation of waterway under the condition of ensuring the safety of pipeline facilities, piers shall not be built, anchoring, dragging, dredging, dredging, frying fish, carrying out underwater blasting or other underwater operations that may endanger the safety of pipeline facilities.
Chapter three deals with the encounter relationship between pipeline facilities and other construction projects
Article 18 A pipeline enterprise shall submit the relevant information of the pipeline facilities it has built and the plans or plans for the construction, alteration (expansion) of pipeline facilities to the local planning authorities; The local planning authorities shall incorporate the new construction, modification (expansion) of pipeline facilities into the local overall planning.
Where the relevant information, plans or plans prescribed in the preceding paragraph need to be submitted to other relevant local competent authorities in accordance with laws and administrative regulations, pipeline enterprises shall submit them according to law.
Article 19 When pipeline enterprises carry out pipeline facilities maintenance operations and construction protection projects, the relevant units and individuals in the areas through which the pipeline passes shall give necessary assistance. If the above operations cause losses to the legitimate rights and interests of the relevant units or individuals, the pipeline enterprises shall compensate according to law.
Article 20 The protection problems of pipeline facilities arising from the encounter between the construction project to be constructed or modified (expanded) and the existing pipeline facilities shall be solved through consultation between the construction project unit to be constructed or modified (expanded) and the pipeline enterprise. If a construction project to be constructed or modified (expanded) needs to reroute, relocate or increase the protection facilities of pipeline facilities, the expenses required shall be borne by the construction project unit to be constructed or modified (expanded).
Article 21 When formulating flood control measures and building DAMS, water conservancy departments shall pay attention to the safety of pipeline facilities; When it is necessary to discharge flood in the area through which the pipeline facilities pass, the amount and time of discharge shall be notified to the pipeline enterprise in a timely manner.
Article 22 The construction of pipeline facilities across (through) river courses, river banks and waterways, and the construction of pipeline protection facilities in river courses must conform to the national flood control standards and navigation standards.
Article 23 When any unit carries out the following construction within the scope of safety protection of pipeline facilities, it shall notify the pipeline enterprise in advance and take corresponding protective measures:
(1) Constructing, upgrading (expanding) constructing railways, highways, Bridges, rivers and canals, and overhead power lines;
(2) laying underground electrical (optical) cables;
(3) Setting up safety or lightning arrester grounding body.
Chapter IV Legal liability
Article 24 Whoever moves, dismantles or damages pipeline facilities in violation of the provisions of these Regulations, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the department designated by the local people's government at or above the county level shall order it to make corrections, and may impose a fine of not more than 10,000 yuan on individuals and not more than 100,000 yuan on units; Whoever violates the provisions on the administration of public security shall be punished by the public security organ according to law.
Article 25 Whoever, in violation of the provisions of these Regulations, damages pipeline facilities or steals or robs oil or natural gas transported through pipelines, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the public security organ shall confiscate the illegal gains and, if the illegal gains are more than 10,000 yuan, impose a fine of not less than two times but not more than five times the illegal gains; If there are no illegal gains or the illegal gains are less than 10,000 yuan, a fine of not more than 20,000 yuan shall be imposed; Whoever violates the provisions on the administration of public security shall be punished for the administration of public security according to law.
Article 26 Whoever, in violation of the provisions of these Regulations, explodes, excavates hills or constructs large buildings or structures on both sides of the Central Line of the pipeline or within a range of 50 meters outside the area of the pipeline facility, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the department designated by the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; Whoever violates the provisions on the administration of public security shall be punished by the public security organ according to law.
Article 27 Whoever, in violation of the provisions of these Regulations, builds, changes (expands) the construction of railways, highways, Bridges, rivers, overhead power lines, buries underground electric (optical) cables, sets up safety or lightning protection grounding bodies within the scope of safety protection of pipeline facilities, fails to notify the pipeline enterprises in advance and takes corresponding protective measures, shall be ordered to make corrections by the department designated by the local people's government at or above the county level. A fine of not less than 10,000 yuan but not more than 50,000 yuan.
Article 28 Whoever, in violation of the provisions of these Regulations, obstructs or hinders the normal inspection, maintenance or rush repair of pipeline facilities by pipeline enterprises shall be ordered by the department designated by the local people's government at or above the county level to make corrections, and may be fined not more than 2,000 yuan for individuals and not more than 50,000 yuan for units; Whoever violates the provisions on the administration of public security shall be punished by the public security organ according to law.
Article 29 Whoever, in violation of the provisions of these Regulations, draws soil, digs ponds, repairs canals, builds aquaculture farms, discharges corrosive substances, piles up bulk materials, quarries stones, builds houses, greenhouses, builds livestock sheds, constructs other buildings or structures, or plants with deep roots within a radius of 5 meters on each side of the Central Line of a pipeline, shall be ordered to make corrections by the department designated by the local people's government at or above the county level. Individuals may be fined up to 2,000 yuan, and units may be fined up to 50,000 yuan.
Article 30 If any of the acts listed in Articles 24 to 29 of these Regulations causes damage or damage to pipeline facilities, in addition to administrative penalties or criminal penalties according to law, it shall also bear the liability for compensation according to law.
Article 31 Where a pipeline enterprise, in violation of the provisions of these Regulations, fails to perform the obligations of safe operation of pipeline facilities, thereby causing damage to pipeline facilities and constituting a crime, it shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the department designated by the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 32 Where employees of pipeline enterprises collude with others to destroy or steal pipeline facilities and oil or natural gas transported through pipelines, if the case constitutes a crime, they shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, a heavier punishment shall be given in accordance with the provisions of Article 25 of these Regulations.
Article 33 Where local people's governments or relevant departments fail to perform their duties for the protection of pipeline facilities, resulting in the encroachment, destruction, theft or looting of pipeline facilities and the oil and natural gas transported through pipelines, as well as other activities endangering the safety of pipeline facilities in their own areas, which cannot be stopped for a long time and cause serious consequences, the persons in charge and other persons directly responsible shall, in accordance with the seriousness of the circumstances, To give administrative sanctions of demerit demerit, demotion or dismissal according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 34 If a functionary of a state organ commits any of the following acts, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, administrative sanctions of demotion, removal or even dismissal from public office shall be imposed according to law:
(1) concealing or conniving at encroachment, destruction, theft or robbery of pipeline facilities, oil and natural gas transported through pipelines or other acts endangering the safety of pipeline facilities;
(2) providing information to the parties concerned who occupy, destroy, steal or loot pipeline facilities, oil and natural gas transported through pipelines or other acts endangering the safety of pipeline facilities, and helping them to evade investigation and punishment;
(3) obstructing or interfering with relevant departments' investigation and punishment of encroaching, destroying, stealing or robbing pipeline facilities, oil and natural gas transported through pipelines or other acts endangering the safety of pipeline facilities according to law.
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