"Notice of Shenzhen Ocean Development Bureau on Promoting Three-dimensional Establishment Rights for the Use of Sea Areas (Trial)" is issued!

The "Notice" clearly states that the scope of use is sea use for projects approved by the Shenzhen Municipal People's Government. Sea-use activities that can implement three-dimensional establishment rights management within the Shenzhen Municipal Sea include but are not limited to cross-sea activities. Bridges, undersea tunnels, undersea cable ducts, breeding, bathing beaches, playgrounds, etc. use the sea.

The full text is as follows

In order to implement the reform and implementation of the system of property rights for natural resource assets by the Party Central Committee and the State Council In the spirit of the reform of the market-oriented allocation of factors, to implement the comprehensive reform pilot work of building Shenzhen into a pioneer demonstration zone of socialism with Chinese characteristics, to promote the intensive use and effective protection of sea area resources, and to promote the high-quality development of the marine economy, we are hereby notified of the following matters related to the three-dimensional establishment of rights for the use of sea areas. ：

　1. Working principles

　(1) Establish powers in accordance with the law and advance steadily. Strictly abide by the "Sea Area Use Management Law of the People's Republic of China", "Guangdong Province Sea Area Use Management Regulations", "Interim Regulations on Real Estate Registration", "Shenzhen Special Economic Zone Sea Area Use Management Regulations", and the Ministry of Natural Resources' Notice on Exploring and Promoting the Three-dimensional Layered Construction of Sea Areas. "Notice on Rights Work" (Natural Resources Regulations [2023] No. 8), "Notice of the Guangdong Provincial Department of Natural Resources on Promoting the Three-dimensional and Hierarchical Establishment of Sea Area Use Rights" (Guangdong Natural Resources Regulations [2023] No. 5) and other laws and regulations and The document stipulates that on the premise of protecting the legitimate rights and interests of holders of sea area use rights, the work of establishing three-dimensional rights to use sea areas will be actively and steadily promoted.

　(2) Conservation and intensification, ecological priority. According to the actual needs of three-dimensional development of sea areas, rationally allocate and reallocate sea area resources so that the scale and extent of sea area resource development and utilization are compatible with the carrying capacity of the sea area resources and environment. Improve the efficiency of sea area resource utilization, comprehensively implement ecological sea use measures, and realize theOcean sustainable development.

　(3) Function priority and moderate compatibility. Priority should be given to ensuring the main functions of sea areas, and on the premise that they are not mutually exclusive and the impact is controllable, compatible types of sea use should be scientifically determined, and three-dimensional establishment rights should be implemented in a classified and orderly manner.

II. Scope of application

This notice applies to sea use projects approved by the Shenzhen Municipal People’s Government. , the sea uses that can be implemented with three-dimensional rights management within the sea area of ​​​​Shenzhen include but arenot limited to cross-sea bridges, undersea tunnels, submarine cable ducts, breeding, bathing beaches, playgrounds and other sea uses.

Reclamation that completely changes the natural properties of sea areas, sea sand mining, oil and gas mining and other seabed mineral resource development activities that are highly exclusive or have safety production needs, as well as military For special uses such as sea use, three-dimensional construction rights will not be granted.

Projects that delineate the scope of sea area use and management shall refer to this notice for sea use.

Sea use for projects within the Shenzhen-Shantou Special Cooperation Zone can be implemented with reference to this notice.

　3. Work requirements

　(1) Compatibility

Municipal-level land and space master plans, coastal zone protection and utilization plans, sea area detailed plans, etc. should provide planning guidelines on the compatibility of sea-use activities in each sea-use area.

Projects using three-dimensional rights to use sea areas must carry out compatibility analysis of sea-use activities in conjunction with relevant plans. If the compatibility requirements are not met, three-dimensional rights shall not be carried out.

　(2) Strengthen the three-dimensional demonstration of sea area use

The demonstration of sea area use is an important factor in approving applications for sea area use. in accordance with. Sea area use three-dimensional establishment rights projects shall conduct sea area use demonstration in accordance with the law and in accordance with the "Technical Guidelines for Sea Area Use Demonstration". Strengthen the three-dimensional demonstration of sea area use in the review of sea area use demonstration reports, focusing on the necessity and feasibility of three-dimensional use, the division of rights and obligations of sea area use rights holders, the rationality of spatial scope and sea use period definitions, etc.

The sea use of projects that comply with the three-dimensional right to use sea areas shall be defined in accordance with the current regulations and the plane boundaries shall be defined in accordance with the "Shenzhen Technical Guidelines for Three-dimensional Right to Use Sea Areas" Zonghai location map, Zonghai boundary site map, Zonghai plane layout map, Zonghai three-dimensional schematic diagram (horizontal and vertical sections) and Zonghai boundary site coordinate table.

　(3) Carry out stakeholder coordination

Sea area use three-dimensional establishment rights projects shall not endanger adjacent sea areas Safety of buildings, structures, facilities and related sea-use activities.

Sea area use three-dimensional establishment rights projects must obtain stakeholder settlement agreements with adjacent and other sea area use rights holders in the same sea area, and the results of stakeholder coordination must be clearly stated in the sea area use demonstration report. , and the exit plan after the project’s sea use expires.

IV. Sea use approval procedures for three-dimensional construction rights projects using sea areas

Sea use approval procedures for three-dimensional construction rights projects using sea areas It shall be implemented in accordance with the procedures stipulated in the "Sea Area Utilization Management Law of the People's Republic of China" and the "Shenzhen Special Economic Zone Sea Area Usage Management Regulations".

If the three-dimensional establishment of sea area use rights is carried out in a sea area where sea area use rights have been established, the original sea area use right holder shall apply to the original approval agency for a change in the sea area spatial scope. The new sea area use entity shall apply in accordance with Approval authority for sea use shall be applied to the marine administrative department for the use of sea areas. Among them, if they all fall within the municipal-level sea-use approval authority, the change in the spatial scope of the sea area used by the original project and the new application for sea area use can be submitted for approval at the same time; if the original sea area use rights are subject to provincial or national approval authority, the new sea area use rights should be approved after the new sea area use rights are established. Before, the spatial scope change of the established sea area use rights was completed.

Sea-use projects that are implemented simultaneously in the same sea area and belong to the same sea-use entity can undergo unified design, overall demonstration, and one-time submission for approval. If the entities belong to different sea users, after reaching consensus through consultation, the sea use procedures shall be handled according to relevant regulations according to the scope of their respective use spaces.

In the sea use approval documents and transfer contracts for three-dimensional sea area use rights projects, it is necessary to clearly define the sea level boundaries and the three-dimensional sea area space (water surface, water body, sea area). bed, subsoil) and vertical elevation, and draw a sea map according to the "Shenzhen Technical Guidelines for the Use of Three-Dimensional Rights in Sea Areas".

　5. StrengthenSea area use fee collection and management

Sea area use three-dimensional rights projects use the sea in accordance with the principle of “one property, one right, one certificate, one payment”, based on the current sea area The usage fee collection standards are calculated separately. The Ministry of Finance and the State Oceanic Administration issued the "Notice on Adjusting the Standards for the Collection of Usage Fees for Uninhabited Sea Areas" (Cai Zong [2018] No. 15). The sea area use rights that were established before the implementation of the three-dimensional construction rights need to be changed. If there is no scope information, the original sea area usage fee collection standards will still be implemented. Those who meet the conditions for sea area use fee exemption and exemption shall apply for exemption and exemption in accordance with relevant regulations.

6. Real estate registration of sea area use rights

Registration of real estate rights of use.

When establishing three-dimensional sea area use rights in sea areas where sea area use rights have been established, the change registration of the original sea area use rights must be processed first, and then the new sea area use rights must be registered. First time registration.

When applying for real estate registration for a project with three-dimensional rights to use sea areas, the registration agency shall conduct the plan boundary site, three-dimensional space of the sea area (water surface, water body, seabed, subsoil) and vertical elevation in accordance with laws and regulations. and other information, as well as Zonghai boundary site map, Zonghai layout map, Zonghai three-dimensional layered schematic diagram (horizontal and vertical sections) and other relevant materials for registration. The real estate registration agency needs to enter the relevant content through the Ministry of Natural Resources’ sea area and island dynamic supervision system and upload scanned copies of the corresponding documents within 2 working days.

　7. Supervision and Management

It is necessary to strictly abide by the bottom line of legal policies and not to change the sea area without authorization in the name of three-dimensional construction rights. Purpose: illegally reducing or reducing sea area usage fees, or legalizing illegal sea use. It is necessary to strictly abide by the red line of ecological protection, strengthen the supervision of three-dimensional development sea areas with confirmed rights, and strictly follow the relevant requirements of the "Letter from the General Office of the Ministry of Natural Resources on Further Standardizing the Supervision of Project Sea Use" (Natural Resources Office Letter [2022] No. 640) , in accordance with the principle of "whoever approves, who supervises", comprehensively use information technology to supervise the entire process of the implementation of approval requirements such as the scope, method, purpose, ecological protection, sea use period, etc. of sea-using entities carrying out project sea-using activities. Inspect and ensure the orderly development and sustainable use of sea area resources. It is necessary to strengthen the supervision of changes in sea area use rights. When the three-dimensional use rights of sea areas are transferred, the corresponding rights, responsibilities and obligations will be transferred accordingly.

　8. Others

This notice will be implemented on a trial basis from May 1, 2024 and will be valid for 2 years.