The First Case in China: Five Defendants Liable to RMB7,820,000 For the Illegal Waste Dumping Causing the Pollution in Zhongshan Sea Area.

2018-07-13
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On June 26, 2018, in the first tribunal of Zhongshan Intermediate People’s Court of Guangdong Province, Guangzhou Maritime Court pronounced its first-instance judgment on a civil public interest litigation of liabilities for marine environmental pollution. The first of such filed by a Procuratorate after the revision of the Civil Procedure Law of the People’s Republic of China.

On August 30, 2016, as staffs of Zhongshan Ocean and Fishery Bureau of Guangdong Province conducted an inspection alongside the waters under the jurisdiction, they discovered the vessel was dumping rubbish into the sea at beacon 12 light of Hengmen east-toward seaward channel in Minzhong Town of Zhongshan City. Upon the investigation public security organs of Zhongshan City found that between July and August of 2016, on the excuse of reinforcing the bound, Peng, among four other Foshan citizens were transported waste from a paper mill in Sanchong Dock of Zhongtang Town of Dongguan City and dumped it near the said beacon, which caused great pollution to the surrounding marine environment.

On April 16, 2016, Zhongshan Ocean and Fishery Bureau filed a civil lawsuit against Peng and another three to Guangzhou Maritime Court, claiming damages over 3,000,000RMB for ecological restoration and another 3,000,000RMB more caused by pollution and assessment, and that  Yuan, the last of the five, shall be liable to 24.29% of the total compensation jointly. The case is heard publicly on April 18.

On June 26, Guangzhou Maritime Court pronounced its first-instance judgment on the case, ordered Peng and other four defendants are liable to a total of more than RMB7,820,000 for ecological restoration, pollution and assessment. Yuan shall bear liability within a certain range. The compensation will be turned over to the state treasury for the restoration of the local ecology.

广州海事法院 大连海事法院 天津海事法院 青岛海事法院 上海海事法院 武汉海事法院 宁波海事法院 厦门海事法院 海口海事法院 北海海事法院 南京海事法院