- China'sEnvironmentalProtectionLaw
December 26, 1989 National People's Congress Standing Committee 11th meeting, adopted
December 26, 1989 The People's Republic of China Presidential Decree announced on 22nd December 26, 1989 shall come into forceChapter I General Provisions
The first to protect and improve the living environment and ecological environment, prevent pollution and other public hazards, safeguarding human health and promoting the development of socialist modernization This Law is enacted.Article II of this Act referred to the environment is affecting human survival and development of a variety of natural and artificially transformed natural elements in general, including air, water, oceans, land, minerals, forests, grasslands, wildlife, natural heritage , human remains, nature reserves, scenic areas, urban and rural areas.
Article III of this Law is applicable to areas and other waters under the jurisdiction of The People's Republic of China.
Article IV formulated by the state environmental protection programs must be incorporated into national economic and social development plan, the state is conducive to environmental protection to economic and technical policies and measures to make work of environmental protection with economic construction and social development in harmony.
The state shall encourage the development of environmental protection, science and education, strengthen environmental protection, science and technology research and development, science and technology to improve the level of environmental protection and popularize scientific knowledge of environmental protection.
Article VI All units and individuals shall have the obligation to protect the environment and the right of the pollution and damage to the environment of units and individuals to report and accuse.
Article VII of the State Council administrative department of environmental protection, environmental protection work nationwide unified supervision and management.
Local people's governments above the county level administrative departments of environmental protection, environmental protection work in this area unified supervision and management.
National Oceanic and administrative departments, the harbor superintendency administration, Fishery and Port Supervision, military environmental protection departments and levels of public security, transportation, railways, civil aviation authorities, in accordance with the provisions of relevant laws and the implementation of supervision and management of environmental pollution prevention and control.
People's governments above the county level land, minerals, forestry, agriculture, water conservancy administrative department, in accordance with the provisions of relevant laws and protection of natural resources to implement supervision and management.
Article VIII of the protection and improvement of the environment have made outstanding achievements of the units and individuals rewarded by the government.
Chapter II environmental supervision and management
Article IX of the State Council administrative department of environmental protection, development of national environmental quality standards.
Provinces, autonomous regions and municipalities on the national environmental quality standards are not provided for the project may establish local environmental quality standards, shall be reported to the State Council in charge of environmental protection administration departments for the record. Article X of the State Council administrative department of environmental protection in accordance with national environmental quality standards and the country's economic and technological conditions, the development of national pollutant discharge standards.Provinces, autonomous regions and municipalities to the national pollutant discharge standards are not provided for the project, may establish their local standards for pollutant discharge; of national pollutant discharge standards have been provided for projects that may establish emission standards stricter than the national pollutant local pollutant emission standards. Pollutant emission standards must be reported to the local environmental protection administrative department of the State Council for record.
Any existing local standards for pollutant discharge to the regional emissions of pollutants, it should be the implementation of local pollutant emission standards.
Article XI of the State Council administrative department of environmental protection, the establishment of monitoring development, development of monitoring standards, in conjunction with relevant departments, organize a monitoring network and strengthen the management of environmental monitoring. State Department and the provinces, autonomous regions and municipalities in charge of environmental protection administration departments shall regularly issue bulletins on environmental situations.
Article XII above the county level people's governments in charge of environmental protection administration departments shall, jointly with relevant departments within the jurisdiction to investigate and evaluate the state of the environment, develop environmental planning and overall balance by the planning department, the newspaper at the same level people's government for approval.
Article XIII construction of pollution to the environment of the project, construction projects must comply with relevant national environmental management requirements.
Construction of the project's environmental impact report must be generated by the project on the construction of pollution and environmental impact assessment, prevention and control measures provided by the project authorities to pre-trial and in accordance with the procedure laid down approval of the competent administrative department of environmental protection. Environmental impact report is approved, the planning department before they approved the construction of the project design mission statement. Article XIV people's governments above the county level or any other environmental protection administration departments in accordance with the law the right to exercise environmental supervision and management department within the jurisdiction of the right to conduct on-site inspections of sewage units. The units being inspected shall truthfully report the situation and provide the necessary information. The inspecting authorities shall keep confidential the technological units inspected and business secrets.
15th trans-Administrative Region of the prevention and control of environmental pollution and environmental damage is done by the local people's governments negotiated settlement, or by the higher people's government coordinate and solve and make decisions.
Chapter III Protection and improvement of the environment
Article XVI of local governments at all levels, should be responsible for the environmental quality of areas under their jurisdiction and take measures to improve environmental quality.
Article XVII of representative governments at all levels of the various types of natural ecosystem areas, rare and endangered wild animals and plants natural distribution area, it is important water conservation area of great scientific and cultural value of the geological structure, the famous caves and Fossil distribution area, glaciers, volcanoes, hot springs and other natural sites, as well as the cultural relics, old trees should take measures to protect non-destruction.18th Article of the State Council and relevant State Council departments and provinces, autonomous regions and municipalities designated scenic areas, nature reserves and other areas in need of special protection, not cause environmental pollution of industrial production facilities; construction of other facilities, its pollutant emissions shall not exceed the prescribed discharge standards. The facilities have been built, its pollutant emissions exceed the prescribed emission standards, deadline management. 19th of development and utilization of natural resources, must take measures to protect the ecological environment.
Diershitiao governments at all levels should strengthen the protection of agricultural environment, preventing soil pollution, land desertification, salinization, Impoverishment, marshes, earth subsidence, and prevention of destruction of vegetation, soil erosion, water depletion, extinction, and other kinds of sources ecological imbalances in the occurrence and development, promote comprehensive prevention and treatment of plant pests and diseases, rational use of chemical fertilizers, pesticides and plant growth hormone.
Article XXI of the State Council and local people's governments shall strengthen the coastal marine environment protection. Discharge of pollutants to the ocean, dumping waste, construction of coastal projects and offshore oil exploration and development must be in accordance with law, to prevent pollution damage to the marine environment. Article Twenty-developed urban planning, should be established to protect and improve the environment of the objectives and tasks.
23rd of urban and rural construction should be combined with the characteristics of the local natural environment, protect vegetation, waters and natural landscapes and urban gardens, green areas and scenic spots construction.
Chapter IV Prevention of environmental pollution and other hazards
24th cause environmental pollution and other hazards of the units must be included in environmental protection plans, the establishment of environmental protection responsibility system; to take effective measures to combat the production and construction or other activities generated by gas, waste water, sludge, dust, foul smell gases, radioactive substances, noise, vibration, electromagnetic radiation such as environmental pollution and hazards.
25th of the new industrial enterprises and existing industrial enterprises in technological innovation, resource utilization should be taken to the high discharge of pollutants of the equipment and techniques, with economical and rational utilization technology of waste and pollution treatment technology.26th in pollution prevention and control of construction projects, facilities, must be at the same time with the main project designed, constructed and put into use. Pollution control facilities must be approved by the original environmental impact report, environmental protection administrative department after passing inspection, the construction project be put into production or use.
Pollution control facilities shall not be dismantled or left idle without authorization it is necessary to be dismantled or left idle, and must obtain the executive director of the local environmental protection department.
27th of discharge of pollutants enterprises and institutions must be in accordance with environmental protection administrative department of the State Council to declare the registration requirements. 28th of discharge of pollutants exceed the national or local standards for pollutants discharge requirements of enterprises and institutions, in accordance with state regulations to pay for excessive sewage charges, and is responsible for governance. The Water Pollution Control Act otherwise provided, in accordance with the provisions of the Water Pollution Control Act.
Super-standard sewage charge levied must be used for pollution prevention and control shall not be used for other purposes, specifically for use, by the State Council.
29th Article of the serious environmental pollution caused by enterprises and institutions within a specified period of governance.
The central or provincial, autonomous regions and municipalities directly under the jurisdiction of the deadline for enterprises and institutions of governance, the provinces, autonomous regions and municipalities decide. City, county, or city and county governments under deadline under the jurisdiction of enterprises and institutions of governance, municipal and county people's government decided. Enterprises and institutions of governance within the specified period must be completed on schedule the task of improvement. 30th prohibits the introduction does not meet our requirements for environmental protection technology and equipment.
To conduct investigations of an accident or other sudden event has caused or may cause pollution accident unit, must take immediate measures to deal with timely information about potentially contaminated units and residents in harm to the local environmental protection administrative departments and relevant departments report, investigation and treatment.
Major pollution incidents that may occur Enterprises and institutions shall take measures to enhance preventive measures.
32nd of local people's governments above the county level administrative departments of environmental protection in the environment of serious contamination threat to life and property safety, must be immediately reported to the local people's government by the people's government to take effective measures to eliminate or alleviate the hazard. 33rd production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must comply with relevant state regulations to prevent pollution of the environment.
34th Any unit that will produce serious pollution shall not transfer a production facility there is no pollution prevention and control capacity units.
Chapter V Legal Liability
35th violates provisions of this Law, one of the following acts, environmental protection administrative department or other in accordance with the law the right to exercise environmental supervision and management departments according to different circumstances, and given a warning or impose a fine:
(A) refuse to environmental protection administrative department or other in accordance with the law the right to exercise environmental supervision and management departments on-site inspection or deception and fraud during inspection.(B) refusing or misrepresenting the State Council department in charge of environmental protection administration under the relevant pollutant emissions reporting matters.
(C) do not follow state regulations for excessive pay sewage charges.
(D) the introduction does not meet our requirements for environmental protection technology and equipment.
(E) will result in serious pollution of the production equipment is not transferred to the pollution prevention and control capacity of the units used.
36th Article of the anti-pollution facilities construction project is not completed or did not meet the state requirements, put into production or use, and by the approval of the construction project environmental impact report, environmental protection administrative department shall be ordered to stop production or use, can and to a fine.
37th of environmental protection administrative department, without the consent dismantled or left idle without authorization pollution control facilities, pollutant emissions exceed the prescribed emission standards, by the environmental protection administrative department shall order to re-install to use, impose a fine.
38th Article of the violation of this Law, enterprises and institutions caused by environmental pollution accident, by the environmental protection administrative department or other in accordance with the law the right to exercise environmental supervision and management departments under the harm caused by the consequences of imposing fines; plot heavy , for the responsible persons by their units or government agencies to be given administrative sanctions.
39th Article of overdue after the deadline to complete the task of improvement of governance of enterprises and institutions, except in accordance with state regulations surcharge fee for excessive discharge may be based on the harm caused by the consequences of imposing a fine or ordered to suspend business or close down.
Fines as stipulated by the environmental protection administrative department of the decision. Shall be ordered to suspend, close, make a deadline by the decision of the People's Government of governance decisions; ordered the enterprises and institutions directly under the central closure of the closure must be submitted to State Council for approval.
40th of parties accept the decision on administrative penalty may be receiving the penalty within fifteen days from the date of notification to make a decision shall apply for reconsideration to the previous one organ; right refuses to accept the reconsideration decision may be receiving the reconsideration decision, within fifteen days from the date of to the people's court. The party may also receive penalty within fifteen days from the date of notification directly to the people's court. The party neither applies for reconsideration, nor to the people's court, nor complies with the punishment decision, making the punishment decision shall apply to the court for enforcement.
第四十一条 environmental pollution hazards, have the responsibility of removing the hazard, and directly affected by the damage to the unit or individual damages.
The amount of liability and compensation disputes, you can request of the parties, by the environmental protection administrative department or other in accordance with the law the right to exercise environmental supervision and management of the department; the parties accept the decision on the deal can be made to people's court. The party may also directly to the people's court.
Entirely due to irresistible natural disasters, and after taking reasonable measures promptly, it can not avoid environmental pollution damage shall be exempted from responsibility.
Article Forty-sue for damages due to environmental pollution limitation period of three years, from the parties know or should know the date of the pollution damage.
43rd violates provisions of this Law, causing major environmental pollution accident, leading to heavy losses to public and private property, personal injury, or serious consequences, the directly responsible personnel shall be held criminally responsible.
44th violates provisions of this Law, resulting in land, forests, grasslands, water, minerals, fisheries, wildlife and other resources of the destruction, in accordance with the relevant provisions of the law bear the legal responsibility.
45th of environmental supervision and management of abuse of authority, dereliction of duty of relatives and friends by their work units or the higher authorities for administrative action; constitutes a crime, they shall be held criminally responsible.
Chapter VI Supplementary Provisions
46th of the PRC has signed or acceded to international treaties relating to environmental protection, with the PRC laws have different provisions, applicable provisions of international treaties, but The People's Republic of China has declared reservations clause.
47th This Law shall come into force the day of announcement. "The People's Republic of China Environmental Protection Law (Trial)" annulled simultaneously.- Previous:Company over the first quarter of 2008, plans to complete the task