During the process of handling a case related to marine exploitation, Guangzhou Maritime Court (GZMC) checked and verified that the administration bureau of National Huidong Nature Sea Turtle Reserve had built marine engineering constructions in its sea turtle conservation area without completing Environmental Impact Assessment or acquiring the right of using sea areas, which had crossed the ecological conservation redline. The sea turtle species affected in this case have been listed as endangered animal. Their habitats and spawning areas are under threat of being disturbed, damaged, even lost due to human activities. Including National Huidong Nature Sea Turtle Reserve, most sea turtle spawning areas have been having no spawning for years. Being the administration bureau of a state-level sea turtle conservation area, the bureau built marine engineering construction in ecologically sensitive areas with neither proper protection nor evaluation about potential effect on marine resources or ecosystem, such as influence on sea turtle migration, is undoubtedly a shocking news. GZMC entered judgement that denied the validity of the investment and building agreement signed by related parties. By proactively examination, the court concluded that the agreement which sabotaged the public interest and the society was invalid, and dismissed the claims made by the administration bureau of National Huidong Nature Sea Turtle Reserve according to law. After the second instance trial, the judgement made by GZMC has been supported by the High People’s Court of Guangdong Province and taken legal effects.
In order to ensure ecologically sensitive areas such as Sea Turtle Bay under proper protection, GZMC submitted judicial opinions to Guangdong Provincial Department of Natural Resources. We suggested to strengthen law-enforcing supervision to ensure ecological conservation redline not be crossed firstly; secondly, to give warning or punishment to related parties in accordance with law in time. Guangdong Provincial Department of Natural Resources informed GZMC that their related department leader had read our submission and took it very seriously. The related department of Guangdong Provincial Department of Natural Resources immediately cooperated with Forestry Administration of Guangdong Province, and executed what we mentioned in the judicial opinions by comparing how things stand at present with how things should be according to the law. All related departments expressed their appreciation of GZMC’s suggestions, and they are going to use this case as an opportunity, to further enhance regulation and management for marine-related nature reserve.
By improving the quality of case-handling, strengthening the administration of trials, introducing legal policies to the public using real cases, GZMC has effectively sustained the order in terms of natural resource exploitation and protected marine ecological system. What GZMC has accomplished will have significant and positive impact on implementing protection of natural resources from the headstream and the accountability system, which guarantees reliable judicial services and safeguard for enhancing protection of marine ecological system and sustainability.